Chapter NR 440

NR 440.205(10)(a)4. 4. Notification that an emerging technology will be used for controlling emissions of sulfur dioxide. The administrator will examine the description of the emerging technology and will determine whether the technology qualifies as an emerging technology. In making this determination, the administrator may require the owner or operator of the affected facility to submit additional information concerning the control device. The affected facility is subject to the provisions of sub. (3) (a) unless and until this determination is made by the administrator.

NR 440.205(10)(b) (b) The owner or operator of each affected facility subject to the sulfur dioxide, particulate matter, or nitrogen oxides emission limits under subs. (3), (4), and (5) shall submit to the department the performance test data from the initial performance test and the performance evaluation of the CEMS using the applicable performance specifications in Appendix B, 40 CFR part 60, incorporated by reference in s. NR 440.17. The owner or operator of each affected facility described in sub. (5) (j) or (k) shall submit to the department the maximum heat input capacity data from the demonstration of the maximum heat input capacity of the affected facility.

NR 440.205(10)(c) (c) The owner or operator of each affected facility subject to the nitrogen oxides standard of sub. (5) who seeks to demonstrate compliance with those standards through the monitoring of steam generating unit operating conditions under the provisions of sub. (9) (g) 2. shall submit to the department for approval a plan that identifies the operating conditions to be monitored under sub. (9) (g) 2. and the records to be maintained under par. (j). This plan shall be submitted to the department for approval within 360 days of the initial startup of the affected facility. The plan shall:

NR 440.205(10)(c)1. 1. Identify the specific operating conditions to be monitored and the relationship between these operating conditions and nitrogen oxides emission rates (i.e., ng/J or lbs/million Btu heat input). Steam generating unit operating conditions include, but are not limited to, the degree of staged combustion (i.e., the ratio of primary air to secondary and/or tertiary air) and the level of excess air (i.e., flue gas oxygen level);

NR 440.205(10)(c)2. 2. Include the data and information that the owner or operator used to identify the relationship between nitrogen oxides emission rates and these operating conditions;

NR 440.205(10)(c)3. 3. Identify how these operating conditions, including steam generating unit load, will be monitored under sub. (9) (g) on an hourly basis by the owner or operator during the period of operation of the affected facility; the quality assurance procedures or practices that will be employed to ensure that the data generated by monitoring these operating conditions will be representative and accurate; and the type and format of the records of these operating conditions, including steam generating unit load, that will be maintained by the owner or operator under par. (j). If the plan is approved, the owner or operator shall maintain records of predicted nitrogen oxide emission rates and the monitored operating conditions, including steam generating unit load, identified in the plan.

NR 440.205(10)(d) (d) The owner or operator of an affected facility shall record and maintain records of the amounts of each fuel combusted during each day and calculate the annual capacity factor individually for coal, distillate oil, residual oil, natural gas, wood, and municipal-type solid waste for the reporting period. The annual capacity factor is determined on a 12-month rolling average basis with a new annual capacity factor calculated at the end of each calendar month.

NR 440.205(10)(e) (e) For an affected facility that combusts residual oil and meets the criteria under sub. (5) (j) or (k) or (7) (e) 4., the owner or operator shall maintain records of the nitrogen content of the residual oil combusted in the affected facility and calculate the average fuel nitrogen content for the reporting period. The nitrogen content shall be determined using ASTM method D3431-80 (reapproved 1987), Test Method for Trace Nitrogen in Liquid Petroleum Hydrocarbons, incorporated by reference in s. NR 440.17 (2) (a) 48., or fuel specification data obtained from fuel suppliers. If residual oil blends are being combusted, fuel nitrogen specifications may be prorated based on the ratio of residual oils of different nitrogen content in the fuel blend.

NR 440.205(10)(f) (f) For facilities subject to the opacity standard under sub. (4), the owner or operator shall maintain records of opacity.

NR 440.205(10)(g) (g) Except as provided under par. (p), the owner or operator of an affected facility subject to nitrogen oxides standards under sub. (5) shall maintain records of the following information for each steam generating unit operating day:

NR 440.205(10)(g)1. 1. Calendar date.

NR 440.205(10)(g)2. 2. The average hourly nitrogen oxides emission rates (expressed as NO2) (ng/J or lb/million Btu heat input) measured or predicted.

NR 440.205(10)(g)3. 3. The 30-day average nitrogen oxides emission rates (ng/J or lb/million Btu heat input) calculated at the end of each steam generating unit operating day from the measured or predicted hourly nitrogen oxide emission rates for the preceding 30 steam generating unit operating days.

NR 440.205(10)(g)4. 4. Identification of the steam generating unit operating days when the calculated 30-day average nitrogen oxides emission rates are in excess of the nitrogen oxides emissions standards under sub. (5), with the reasons for such excess emissions as well as a description of corrective actions taken.

NR 440.205(10)(g)5. 5. Identification of the steam generating unit operating days for which pollutant data have not been obtained, including reasons for not obtaining sufficient data and a description of corrective actions taken.

NR 440.205(10)(g)6. 6. Identification of the times when emission data have been excluded from the calculation of average emission rates and the reasons for excluding data.

NR 440.205(10)(g)7. 7. Identification of “F” factor used for calculations, method of determination, and type of fuel combusted.

NR 440.205(10)(g)8. 8. Identification of the times when the pollutant concentration exceeded full span of the continuous monitoring system.

NR 440.205(10)(g)9. 9. Description of any modifications to the continuous monitoring system that could affect the ability of the continuous monitoring system to comply with Performance Specification 2 or 3 of Appendix B, 40 CFR part 60, incorporated by reference in s. NR 440.17.

NR 440.205(10)(g)10. 10. Results of daily CEMS drift tests and quarterly accuracy assessments as required under 40 CFR part 60, Appendix F, Procedure 1, incorporated by reference in s. NR 440.17.

NR 440.205(10)(h) (h) The owner or operator of any affected facility in any category listed in subd. 1. or 2. is required to submit excess emission reports to the department for any excess emissions which occurred during the reporting period.

NR 440.205(10)(h)1. 1. Any affected facility subject to the opacity standards under sub. (4) (f) or to the operating parameter monitoring requirements under s. NR 440.13 (9) (a).

NR 440.205(10)(h)2. 2. Any affected facility which is subject to the nitrogen oxides standard of sub. (5), and that:

NR 440.205(10)(h)2.a. a. Combusts natural gas, distillate oil, or residual oil with a nitrogen content of 0.3 weight % or less, or

NR 440.205(10)(h)2.b. b. Has a heat input capacity of 73 MW (250 million Btu/hour) or less and is required to monitor nitrogen oxides emissions on a continuous basis under sub. (9) (g) 1. or steam generating unit operating conditions under sub. (9) (g) 2.

NR 440.205(10)(h)3. 3. For the purpose of sub. (4), excess emissions are defined as all 6-minute periods during which the average opacity exceeds the opacity standards under sub. (4) (f).

NR 440.205(10)(h)4. 4. For purposes of sub. (9) (g) 1., excess emissions are defined as any calculated 30-day rolling average nitrogen oxides emission rate, as determined under sub. (7) (e), which exceeds the applicable emission limits in sub. (5).

NR 440.205(10)(i) (i) The owner or operator of any affected facility subject to the continuous monitoring requirements for nitrogen oxides under sub. (9) shall submit reports to the department containing the information recorded under par. (g).

NR 440.205(10)(j) (j) The owner or operator of any affected facility subject to the sulfur dioxide standards under sub. (3) shall submit reports to the department.

NR 440.205(10)(k) (k) For each affected facility subject to the compliance and performance testing requirements of sub. (6) and the reporting requirement in par. (j) the following information shall be reported to the department:

NR 440.205(10)(k)1. 1. Calendar dates covered in the reporting period.

NR 440.205(10)(k)2. 2. Each 30-day average sulfur dioxide emission rate (ng/J or lb/million Btu heat input) measured during the reporting period, ending with the last 30-day period; reasons for noncompliance with the emission standards; and a description of corrective actions taken.

NR 440.205(10)(k)3. 3. Each 30-day average percent reduction in sulfur dioxide emissions calculated during the reporting period, ending with the last 30-day period; reasons for noncompliance with the emission standards; and a description of corrective actions taken.

NR 440.205(10)(k)4. 4. Identification of the steam generating unit operating days that coal or oil was combusted and for which sulfur dioxide or diluent (oxygen or carbon dioxide) data have not been obtained by an approved method for at least 75% of the operating hours in the steam generating unit operating day; justification for not obtaining sufficient data; and description of corrective action taken.

NR 440.205(10)(k)5. 5. Identification of the times when emissions data have been excluded from the calculation of average emission rates; justification for excluding data; and description of corrective action taken if data have been excluded for periods other than those during which coal or oil were not combusted in the steam generating unit.

NR 440.205(10)(k)6. 6. Identification of “F” factor used for calculations, method of determination, and type of fuel combusted.

NR 440.205(10)(k)7. 7. Identification of times when hourly averages have been obtained based on manual sampling methods.

NR 440.205(10)(k)8. 8. Identification of the times when the pollutant concentration exceeded full span of the CEMS.

NR 440.205(10)(k)9. 9. Description of any modifications to the CEMS that could affect the ability of the CEMS to comply with Performance Specification 2 or 3 of Appendix B, 40 CFR part 60, incorporated by reference in s. NR 440.17.

NR 440.205(10)(k)10. 10. Results of daily CEMS drift tests and quarterly accuracy assessments as required under 40 CFR part 60, Appendix F, Procedure 1, incorporated by reference in s. NR 440.17.

NR 440.205(10)(k)11. 11. The annual capacity factor of each fuel fired as provided under par. (d).

NR 440.205(10)(L) (L) For each affected facility subject to the compliance and performance testing requirements of sub. (6) (d) and the reporting requirements of par. (j), the following information shall be reported to the department:

NR 440.205(10)(L)1. 1. Calendar dates when the facility was in operation during the reporting period;

NR 440.205(10)(L)2. 2. The 24-hour average sulfur dioxide emission rate measured for each steam generating unit operating day during the reporting period that coal or oil was combusted, ending in the last 24-hour period in the quarter; reasons for noncompliance with the emission standards; and a description of corrective actions taken;

NR 440.205(10)(L)3. 3. Identification of the steam generating unit operating days that coal or oil was combusted for which sulfur dioxide or diluent (oxygen or carbon dioxide) data have not been obtained by an approved method for at lest 75% of the operating hours; justification for not obtaining sufficient data; and description of corrective action taken.

NR 440.205(10)(L)4. 4. Identification of the times when emissions data have been excluded from the calculation of average emission rates; justification of excluding data, and description of corrective action taken if data have been excluded for periods other than those during which coal or oil were not combusted in the steam generating unit.

NR 440.205(10)(L)5. 5. Identification of “F” factor used for calculations, method of determination and type of fuel combusted.

NR 440.205(10)(L)6. 6. Identification of times when hourly averages have been obtained based on manual sampling methods.

NR 440.205(10)(L)7. 7. Identification of the times when the pollutant concentration exceeded full span of the CEMS.

NR 440.205(10)(L)8. 8. Description of any modifications to the CEMS which could affect the ability of the CEMS to comply with Performance Specification 2 or 3 of Appendix B, 40 CFR part 60, incorporated by reference in s. NR 440.17.

NR 440.205(10)(L)9. 9. Results of daily CEMS drift tests and quarterly accuracy assessments as required under 40 CFR part 60, Appendix F, Procedure 1, incorporated by reference in s. NR 440.17.

NR 440.205(10)(m) (m) For each affected facility subject to the sulfur dioxide standards under sub. (3) for which the minimum amount of data required under sub. (8) (f) were not obtained during the reporting period, the following information is reported to the department in addition to that required under par. (k).

NR 440.205(10)(m)1. 1. The number of hourly averages available for outlet emission rates and inlet emission rates.

NR 440.205(10)(m)2. 2. The standard deviation of hourly averages for outlet emission rates and inlet emission rates, as determined in Method 19, Section 7 of Appendix A, 40 CFR part 60, incorporated by reference in s. NR 440.17.

NR 440.205(10)(m)3. 3. The lower confidence limit for the mean outlet emission rate and the upper confidence limit for the mean inlet emission rate, as calculated in Method 19, Section 7.

NR 440.205(10)(m)4. 4. The ratio of the lower confidence limit for the mean outlet emission rate and the allowable emission rate, as determined in Method 19, Section 7.

NR 440.205(10)(n) (n) If a percent removal efficiency by fuel pretreatment (%Rf) is used to determine the overall percent reduction (%Ro) under sub. (6), the owner or operator of the affected facility shall submit a signed statement with the report:

NR 440.205(10)(n)1. 1. Indicating what removal efficiency by fuel pretreatment (%Rf) was credited during the reporting period.

NR 440.205(10)(n)2. 2. Listing the quantity, heat content, and date each pretreated fuel shipment was received during the reporting period; the name and location of the fuel pretreatment facility; and the total quantity and total heat content of all fuels received at the affected facility during the reporting period;

NR 440.205(10)(n)3. 3. Documenting the transport of the fuel from the fuel pretreatment facility to the steam generating unit.

NR 440.205(10)(n)4. 4. Including a signed statement from the owner or operator of the fuel pretreatment facility certifying that the percent removal efficiency achieved by fuel pretreatment was determined in accordance with the provisions of Method 19 of Appendix A, 40 CFR part 60, incorporated by reference in s. NR 440.17, and listing the heat content and sulfur content of each fuel before and after fuel pretreatment.

NR 440.205(10)(o) (o) All records required under this subsection shall be maintained by the owner or operator of the affected facility for a period of 2 years following the date of the record.

NR 440.205(10)(p) (p) The owner or operator of an affected facility described in sub. (5) (j) or (k) shall maintain records of the following information for each steam generating unit operating day:

NR 440.205(10)(p)1. 1. Calendar date,

NR 440.205(10)(p)2. 2. The number of hours of operation, and

NR 440.205(10)(p)3. 3. A record of the hourly steam load.

NR 440.205(10)(q) (q) The owner or operator of an affected facility described in sub. (5) (j) or (k) shall submit to the department a report containing all of the following:

NR 440.205(10)(q)1. 1. The annual capacity factor over the previous 12 months,

NR 440.205(10)(q)2. 2. The average fuel nitrogen content during the reporting period, if residual oil was fired.

NR 440.205(10)(q)3. 3. If the affected facility meets the criteria described in sub. (5) (j), the results of any nitrogen oxides emission tests required during the reporting period, the hours of operation during the reporting period and the hours of operation since the last nitrogen oxides emission test.

NR 440.205(10)(r) (r) The owner or operator of an affected facility who elects to demonstrate that the affected facility combusts only very low sulfur oil under sub. (3) (j) 2. shall obtain and maintain at the affected facility fuel receipts from the fuel supplier which certify that the oil meets the definition of distillate oil as defined in sub. (2). For the purposes of this subsection, the oil need not meet the fuel nitrogen content specification in the definition of distillate oil. Reports shall be submitted to the department certifying that only very low sulfur oil meeting this definition was combusted in the affected facility during the reporting period.

NR 440.205(10)(s) (s) The owner or operator of an affected facility may submit electronic quarterly reports for SO2, NOx and opacity in lieu of submitting the written reports required under par. (h), (i), (j), (k) or (L). The format of each quarterly electronic report shall be coordinated with the department. The electronic report shall be submitted no later than 30 days after the end of the calendar quarter and shall be accompanied by a certification statement from the owner or operator, indicating whether compliance with the applicable emission standards and minimum data requirement of this section was achieved during the reporting period. Before submitting reports in the electronic format, the owner or operator shall coordinate with the department to obtain agreement to submit reports in this alternative format.

NR 440.205(10)(t) (t) The reporting period for the reports required under this section is each 6-month period. All reports shall be submitted to the department and shall be postmarked by the 30th day following the end of the reporting period.

NR 440.205 History History: Cr. Register, September, 1990, No. 417, eff. 10-1-90; am. (1) (c), (2) (c), (k), (L) and (zb), (3) (a), (c) to (e), (f) (intro.), 2. and (g), (4) (a) 1. (intro.), (b), (e) and (f), (5) (a), (b), (f) 1. (intro.), (g) and (h), (6) (b), (c) 2.a. and b., 3. a., 5. and (d) (intro.), (7) (c), (d) (intro.), 1.,6. a. and c. and (f), (8) (a) and (b) 2., (9) (b) and (f), (10) (a) 2. (b), (e), (g) (intro.), (m) 2. to 4. and (o), r. and recr. (2) (zj), cr. (3) (j), (5) (i) to (k), (6) (j), (7) (g), (h), (8) (f), (9) (i) and (10) (p) to (r), Register, July, 1993, No. 451, eff. 8-1-93; am. (2) (zj), (3) (d) (intro.), (4) (b), (f), (5) (g), (6) (d) 2., (7) (g), (h) 1., (10) (b), Register, December, 1995, No. 480, eff. 1-1-96; CR 06-109: cr. (1) (g) and (h), (2) (zdm), (5) (L), (7) (f) 1. and 2., (9) (b) 1. and 2., (10) (s) and (t), am. (2) (b), (d) (h), (t), (y) 2. and (zf), (4) (a) 1. (intro.) and (g), (5) (a) (intro.), (b), (c) and (e), (7) (d) 4., (9) (e) 2. and (h), (10) (d), (e), (h) (intro.), (i), (j), (k) 2. and 3., (m) (intro.), (n) (intro.), 1., 2. and 3., (q) (intro.), 2. and 3. and (r), renum. (7) (f) and (9) (b) to be (7) (f) (intro.) and (9) (b) (intro.) and am. Register May 2008 No. 629, eff. 6-1-08.

NR 440.207 NR 440.207 Small industrial-commercial-institutional steam generating units.

NR 440.207(1) (1) Applicability.

NR 440.207(1)(a) (a) Except as provided in par. (d), the affected facility to which this section applies is each steam generating unit for which construction, modification or reconstruction is commenced after June 9, 1989 and that has a maximum design heat input capacity of 29 megawatts (MW) (100 million Btu per hour (Btu/hr)) or less, but greater than or equal to 2.9 MW (10 million Btu/hr).

NR 440.207(1)(c) (c) Steam generating units which meet the applicability requirements in par. (a) are not subject to the sulfur dioxide (SO2) or particulate matter (PM) emission limits, performance testing requirement, or monitoring requirements under this section during periods of combustion research.

NR 440.207(1)(d) (d) Any temporary change to an existing steam generating unit for the purpose of conducting combustion research is not considered a modification under s. NR 440.14.

NR 440.207(2) (2) Definitions. As used in this section, all terms not defined herein shall have the meaning given them in s. NR 440.02.

NR 440.207(2)(a) (a) “Annual capacity factor” means the ratio between the actual heat input to a steam generating unit from an individual fuel or combination of fuels during a period of 12 consecutive calendar months and the potential heat input to the steam generating unit from all fuels had the steam generating unit been operated for 8,760 hours during that 12-month period at the maximum design heat input capacity. In the case of steam generating units that are rented or leased, the actual heat input shall be determined based on the combined heat input from all operations of the affected facility during a period of 12 consecutive calendar months.

NR 440.207(2)(b) (b) “Coal” means all solid fuels classified as anthracite, bituminous, subbituminous or lignite by the American Society for Testing and Materials in ASTM D388-77, “Standard Specification for Classification of Coals by Rank”, incorporated by reference in s. NR 440.17; coal refuse; and petroleum coke. Synthetic fuels derived from coal for the purpose of creating useful heat, including but not limited to solvent-refined coal, gasified coal and coal-oil mixtures, are included in this definition for the purposes of this section.

NR 440.207(2)(c) (c) “Coal refuse” means any by-product of coal mining or coal cleaning operations with an ash content greater than 50% (by weight) and a heating value less than 13,900 kilojoules per kilogram (k/kg) (6,000 Btu per pound (Btu/lb)) on a dry basis.

NR 440.207(2)(d) (d) “Cogeneration steam generating unit” means a steam generating unit that simultaneously produces both electrical (or mechanical) and thermal energy from the same primary energy source.

NR 440.207(2)(e) (e) “Combined cycle system” means a system in which a separate source, such as a stationary gas turbine, internal combustion engine or kiln, provides exhaust gas to a steam generating unit.

NR 440.207(2)(em) (em) “Combustion research” means the experimental firing of any fuel or combination of fuels in a steam generating unit for the purpose of conducting research and development of more efficient combustion or more effective prevention or control of air pollutant emissions from combustion, provided that, during these periods of research and development, the heat generated is not used for any purpose other than preheating combustion air for use by that steam generating unit (that is, the heat generated is released to the atmosphere without being used for space heating, process heating, driving pumps, preheating combustion air for other units, generating electricity or any other purpose).

NR 440.207(2)(f) (f) “Conventional technology” means wet flue gas desulfurization technology, dry flue gas desulfurization technology, atmospheric fluidized bed combustion technology and oil hydrodesulfurization technology.

NR 440.207(2)(g) (g) “Distillate oil” means fuel oil that complies with the specifications for fuel oil number 1 or 2, as defined by the American Society for Testing and Materials in ASTM D396-98, Standard Specification for Fuel Oils, incorporated by reference in s. NR 440.17 (2) (a) 13.

NR 440.207(2)(h) (h) “Dry flue gas desulfurization technology” means a sulfur dioxide (SO2) control system that is located between the steam generating unit and the exhaust vent or stack, and that removes sulfur oxides from the combustion gases of the steam generating unit by contacting the combustion gases with an alkaline slurry or solution and forming a dry powder material. This definition includes devices where the dry powder material is subsequently converted to another form. Alkaline reagents used in dry flue gas, desulfurization systems include, but are not limited to, lime and sodium compounds.