Chapter NR 446
CONTROL OF MERCURY EMISSIONS
Subchapter I — General Provisions
NR 446.01 Applicability; purpose. NR 446.03 Mercury emission limits. NR 446.04 Procedures for determining annual mercury emissions. Subchapter II — Control of Mercury Emissions from Major Utilities
NR 446.05 Mercury emission limits for major utilities. NR 446.06 Baseline mercury emissions for major utilities. NR 446.07 Procedures for determining baseline mercury emissions for major utilities. NR 446.08 Annual mercury emissions determination and reporting for major utilities. Subchapter III — Control of Mercury Emissions from Coal-Fired Electric Generating Units
NR 446.11 Mercury emission limits for new or modified coal-fired electric generating units. NR 446.12 Mercury emission limits for small coal-fired electric generating units. NR 446.13 Mercury emission limits for large coal-fired electric generating units. NR 446.14 Multipollutant reduction alternative for coal-fired electrical generating units. NR 446.15 Early mercury emission reduction credits. NR 446.16 Electric reliability compliance extension. NR 446.165 Large coal-fired electric generating unit variance. NR 446.17 Annual compliance report, emission limitation election and BACT determination. NR 446.18 Emission determination and compliance demonstration. NR 446.185 Compliance alternatives. NR 446.19 Evaluation reports. Subchapter IV — Mercury Emission Standards for Other Sources
NR 446.20 Mercury emission limits. NR 446.21 Stack sampling. NR 446.22 Monitoring of emissions and operations. NR 446.01(1)(1) Applicability. This chapter applies to all air contaminant sources which may emit mercury and to their owners and operators. NR 446.01(2)(2) Purpose. This chapter is adopted under ss. 285.11, 285.13, 285.17 and 285.27, Stats., to establish emission limitations, stack sampling procedures and emission monitoring requirements for mercury emissions from air contaminant sources in order to protect air quality and reduce atmospheric mercury deposition. NR 446.01 NoteNote: Subchapter IV of this chapter is based on the federal regulations contained in 40 CFR part 61, Subpart E, created October 14, 1975, as last revised October 17, 2000. NR 446.01 HistoryHistory: Cr. Register, September, 1986, No. 369, eff. 10-1-86; am. (1), Register, May, 1992, No. 437, eff. 6-1-92; CR 01-081: am. (2) Register September 2004 No. 585, eff. 10-1-04. NR 446.02NR 446.02 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 446.02(1)(1) “Allowable emissions” means the annual mercury emissions of a stationary source, calculated using the maximum rated capacity of the source, and by accounting for enforceable limits which restrict the operating rate or hours of operation or both. NR 446.02(1c)(1c) “Baseline mercury emissions” means the calculated level of annual mercury emissions from a major utility as determined under s. NR 446.07. NR 446.02(1e)(1e) “Best available control technology” or “BACT” means an emission limit for mercury based on the maximum degree of reduction practically achievable as specified by the department on an individual case-by-case basis taking into account energy, economic and environmental impacts and other costs related to the source. NR 446.02(1g)(1g) “Cell room” means a structure housing one or more mercury chlor-alkali cells. NR 446.02(1n)(1n) “Certified emission reduction” means a reduction of mercury emissions that has been certified by the department and made enforceable through a construction permit, operation permit or other appropriate means. NR 446.02(1r)(1r) “Commission” means the public service commission. NR 446.02(2)(2) “Condenser stack gases” mean the gaseous effluent evolved from the stack of processes utilizing heat to extract mercury metal from mercury ore. NR 446.02(3)(3) “Denuder” means a horizontal or vertical container which is part of a mercury chlor-alkali cell and in which water and alkali metal amalgam are converted to alkali metal hydroxide, mercury, and hydrogen gas in a short-circuited, electrolytic reaction. NR 446.02(4)(4) “End box” means one or more containers located on one or both ends of a mercury chlor-alkali electrolyzer which serves as a connection between the electrolyzer and denuder for rich and stripped amalgam. NR 446.02(5)(5) “End box ventilation system” means a ventilation system which collects mercury emissions from the end boxes, the mercury pump sumps, and their water collection systems. NR 446.02(6)(6) “Hydrogen gas stream” means a hydrogen stream formed in the chlor-alkali cell denuder. NR 446.02(6e)(6e) “Major stationary source” means a stationary source whose mercury emissions are 10 pounds per year or greater. NR 446.02(6m)(6m) “Major utility” means a Class A utility, as defined under s. 199.03 (4), Stats., that generates electricity or an electrical cooperative association organized under ch. 185, Stats., whose mercury emissions from all stationary sources under the common ownership and control of the utility or the association are 100 pounds per year or greater. NR 446.02(7)(7) “Mercury chlor-alkali cell” means a device which is basically composed of an electrolyzer section and a denuder or decomposer section and utilizes mercury to produce chlorine gas, hydrogen gas, and alkali metal hydroxide. NR 446.02(8)(8) “Mercury chlor-alkali electrolyzer” means an electrolytic device which is part of a mercury chlor-alkali cell and utilizes a flowing mercury cathode to produce chlorine gas and alkali metal amalgam. NR 446.02(9)(9) “Mercury ore” means a mineral mined specifically for its mercury content. NR 446.02(10)(10) “Mercury ore processing facility” means a facility processing mercury ore to obtain mercury. NR 446.02(10m)(10m) “Method X”, where “X” is a number or a number followed by a letter, means the specified method contained in Appendix B of 40 CFR part 61, incorporated by reference in s. NR 484.04 (23). NR 446.02(11)(11) “Sludge” means sludge produced by a treatment plant that processes municipal or industrial wastewater. NR 446.02(12)(12) “Sludge dryer” means a device used to reduce the moisture content of sludge by heating to temperatures above 65ºC (ca. 150ºF) directly with combustion gases. NR 446.02 HistoryHistory: Renum. from NR 154.01, Register, September, 1986, No. 369, eff. 10-1-86; am. (intro.) and (2), cr. (10m), Register, May, 1994, No. 461, eff. 6-1-94; am. (10m), Register, December, 1995, No. 480, eff. 1-1-96; CR 02-097: am. (intro.) Register June 2004 No. 582, eff. 7-1-04; CR 01-081: renum. (1) to be (1g), cr. (1), (1c, (1n), (1r), (1w), (6e), (6m), (6s), (8m) and (10s) Register September 2004 No. 585, eff. 10-1-04; CR 07-036: cr. (1e), r. (1w), am. (1c) Register November 2008 No. 635, eff. 12-1-08. NR 446.03(1)(1) No person may cause, allow or permit emissions of mercury in such quantity and duration as to cause the ambient air concentration to exceed 1 mg/m3, averaged over a 30-day period. NR 446.03(2)(a)(a) No person may commence construction or modification of a stationary source that results in an increase in annual allowable emissions of mercury of 10 pounds or more from the new or modified source unless the person has obtained a permit under ch. NR 406. The department may not issue a permit under ch. NR 406 for the source unless the department finds that emissions of mercury will be controlled to a level which is best available control technology. NR 446.03(2)(b)(b) New or modified stationary sources that are subject to an emission limit for mercury required under section 111 or 112 of the Act (42 USC 7411 and 7412 respectively) are exempt from the requirements of this section. NR 446.03(2)(c)(c) Except as provided in par. (b), this section applies to all new or modified sources for which an air permit application was submitted or should have been submitted to the department under par. (a) on or after the first day of the calendar month following October 1, 2004. NR 446.03 HistoryHistory: CR 01-081: renum. (intro.) and (1) from s. NR 446.03 and am. Register September 2004 No. 585, eff. 10-1-04; CR 07-036: cr. (title), sub. (1) and (2) renum. from NR 446.025 and NR 446.05, am. (2) (b) and (c) Register November 2008 No. 635, eff. 12-1-08. NR 446.04NR 446.04 Procedures for determining annual mercury emissions. Except as provided in subchs. II, III and IV, beginning on January 1, 2005, the owner or operator of a major stationary source shall calculate annual mercury emissions using the procedures and methods in this section. NR 446.04(1)(a)(a) The owner or operator of a combustion unit at the source which is not subject to subchs. II, III and IV shall calculate annual mercury emissions using the procedures of this subsection for each emissions unit and shall provide all associated data to the department. NR 446.04(1)(b)(b) The owner or operator shall determine the mass mercury content of each fuel by multiplying the mercury content of the fuel times the amount of the fuel consumed. The mercury content of the fuel shall be determined either through testing according to the procedures in ASTM D3684-01, incorporated by reference in s. NR 484.10 (47m), or an equivalent method approved by the department, or from published data which lists the mercury content of the specific fuel. NR 446.04(1)(c)1.1. Except as provided in subd. 2., the owner or operator shall calculate the removal efficiency of mercury by air pollution control equipment for each fuel used, except natural gas and fuel oil, based on source performance tests on the equipment conducted according to the following methods and procedures: NR 446.04(1)(c)1.b.b. A sample of the fuel burned during the test shall be analyzed for mercury content, using ASTM D3684-01, incorporated by reference in s. NR 484.10 (47m), or an equivalent method approved by the department. During each of the 3 runs of the performance test, a separate sample of the fuel being burned during the run shall be collected and analyzed. NR 446.04(1)(c)1.c.c. During the source performance testing, the consumption of fuel shall be monitored and recorded. NR 446.04(1)(c)2.2. Instead of conducting a source performance test under subd. 1., information derived from performance testing of other combustion units which are similar in terms of the type of combustion unit, particulate control equipment, fuel characteristics, and operating parameters may be used if the performance test was conducted according to the procedures in subd. 1. NR 446.04(1)(d)(d) The owner or operator shall determine the annual mercury emissions by subtracting the mass mercury removed by air pollution control equipment from the mass mercury in the fuel. NR 446.04(1)(e)(e) Nothing in this section shall prohibit the department from requiring other methods of determining annual mercury emissions. NR 446.04(1)(f)(f) The owner or operator of a combustion source subject to this subsection may request that the department approve alternative methods for determining annual mercury emissions NR 446.04(2)(2) Stationary source process unit. The owner or operator of a process unit at the source which is not subject to subch. II, III or IV shall calculate and report annual mercury emissions from the process unit using the procedures and methods of this subsection and shall provide all associated data to the department. The calculations shall apply a mass balance approach, emission test data, or both, as follows: NR 446.04(2)(a)(a) A separate mass balance shall be used to calculate the mercury contained in each applicable process stream by accounting for: NR 446.04(2)(a)1.1. All process streams including: process raw materials, products and by-products; and pollution control equipment and control by-products. NR 446.04(2)(a)2.2. The mercury concentration and throughput rate for each process stream. NR 446.04(2)(a)3.3. The annual mass mercury content input and output of each process stream. NR 446.04(2)(b)(b) Mercury emission test data and emission factors obtained during source performance testing for any applicable process stream may also be used. NR 446.04(2)(c)(c) The owner or operator of the process units subject to this subsection may request that the department approve alternative methods for determining annual mercury emissions. NR 446.04 HistoryHistory: CR 01-081: cr. Register September 2004 No. 585, eff. 10-1-04; CR 07-036: renum. from NR 446.027, am. (intro.), (1) (a), (c) and (2) (intro.) Register November 2008 No. 635, eff. 12-1-08.
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Department of Natural Resources (NR)
Chs. NR 400-499; Environmental Protection – Air Pollution Control
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