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. NR 446.05NR 446.05 Mercury emission limits for major utilities. Beginning January 1, 2010, no owner or operator of a major utility may cause, allow or permit mercury emissions that exceed 60% of the mercury emissions baseline determined by the department under s. NR 446.06. NR 446.05 HistoryHistory: CR 07-036: cr. Register November 2008 No. 635, eff. 12-1-08. NR 446.06NR 446.06 Baseline mercury emissions for major utilities. This section applies to the determination of baseline mercury emissions for major utilities. NR 446.06(1)(1) No later than October 1, 2005, the owner or operator of a major utility shall submit a report to the department that includes information to calculate the baseline mercury emissions of each combustion unit owned or operated by the major utility for calendar years 2002, 2003 and 2004, using the procedures in s. NR 446.07. NR 446.06(2)(2) After reviewing the report provided in sub. (1), the department shall determine the baseline mercury emissions for each combustion unit of the major utility. The baseline mercury emissions shall be the arithmetic average of the baseline emissions for 2002, 2003 and 2004, unless the department approves an alternative baseline requested by the major utility. NR 446.06(3)(3) In the report required under sub. (1), an owner or operator may request that the department determine an alternative baseline if the 3 years are not representative of the source’s normal operations and maintenance schedule. This request shall include sufficient information to demonstrate that an alternative baseline is appropriate, a proposed alternative baseline, and information sufficient to document how the proposed alternative baseline was determined. NR 446.06(4)(4) No later than January 1, 2007, the department shall provide written notification to each owner or operator who submitted a report under sub. (1) of the department’s determination of the baseline mercury emissions for each combustion unit of the major utility. NR 446.06 NoteNote: Combustion units for which the owner or operator is required to establish baseline mercury emissions are Alma Units 4 & 5, Genoa Unit 1, J.P. Madgett Unit 1, Pleasant Prairie Units 1 & 2, Port Washington Units 1, 2, 3 & 4, South Oak Creek Units 5, 6, 7 & 8, Valley Units 1, 2, 3 & 4, Columbia Units 1 & 2, Edgewater Units 3, 4 & 5, Nelson Dewey Units 1 & 2, Rock River Units 1 & 2, Pulliam Units 3, 4, 5, 6, 7 & 8 and Weston Units 1, 2 & 3.
NR 446.06 HistoryHistory: CR 01-081: cr. September 2004 No. 585, eff. 10-1-04; CR 07-036: renum. from NR 446.03, am. (1) Register November 2008 No. 635, eff. 12-1-08. NR 446.07NR 446.07 Procedures for determining baseline mercury emissions for major utilities. The owner or operator of a major utility shall calculate baseline mercury emissions of the combustion units of the major utility using the procedures of this section for each emissions unit and provide all associated data to the department in the report required under s. NR 446.06 (1). NR 446.07(1)(1) No later than the first day of the 2nd month beginning after October 1, 2004, and continuing for a calendar 12 month period, a representative sample shall be collected weekly for each solid fossil fuel used in the emissions unit in that week. Each weekly sample of a fuel collected under this subsection shall be composited into a monthly sample that 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. NR 446.07(2)(2) The mercury content of each non-solid fossil 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 fuel. NR 446.07(3)(3) The major utility shall determine the monthly consumption of each fuel in million British thermal units (mmBtu), using methods and procedures specified in Appendices A, B, C and F of 40 CFR part 75, incorporated by reference in s. NR 484.04 (26m) (a) to (d). The major utility may apportion the fuel mmBtu to individual fuels for which the mercury content is determined under sub. (1) or (2), using consumption and delivery records for the fuels. NR 446.07(4)(4) The information gathered in subs. (1) and (2) shall be multiplied by the corresponding fuel consumption rates determined under sub. (3) to determine the total annual mercury contained in each fuel. NR 446.07(5)(5) The mercury content for each fuel, on a mmBtu-basis, shall be computed by dividing the results of sub. (4) by the amount of each fuel burned, in mmBtus, during the 12 month sampling period. NR 446.07(6)(6) The mercury emissions for 2002, 2003 and the 12 months identified in sub. (1) shall be calculated by multiplying the results of sub. (5) times the annual fuel consumption for each of those years. NR 446.07(7)(7) The baseline mercury emissions shall be the 3-year arithmetic average of the mercury emissions determined under subs. (4) and (6) for 2002, 2003 and the 12 months identified in sub. (1). NR 446.07(8)(8) The major utility shall record and report the baseline determination data and calculations for each combustion unit, including the type or types of fuel, the monthly consumption of each fuel in mmBtus, and the mercury concentration in each fuel. NR 446.07(9)(9) The owner or operator of a major utility may request that alternative procedures for determining baseline mercury emissions be approved by the department. NR 446.07 HistoryHistory: CR 01-081: cr. September 2004 No. 585, eff. 10-1-04; CR 07-036: renum. from NR 446.04, am. (intro.) Register November 2008 No. 635, eff. 12-1-08. NR 446.08NR 446.08 Annual mercury emissions determination and reporting for major utilities. NR 446.08(1)(1) The owner or operator of an emissions unit subject to the requirements of s. NR 446.05 shall determine and report to the department, by March 1, annual mercury emissions for each emissions unit, beginning with calendar year 2010 emissions and ending with calendar year 2014 emissions, using the following formula: Annual Mercury Emissions = Fuel Use ´
Mercury Content of Fuel ´ Reduction of
Mercury Prior to its Release to the Atmosphere
where:
NR 446.08(1)(a)(a) Fuel use is the amount of fuel combusted in the combustion unit, as measured by the procedures specified in Appendices A, B, C and F of 40 CFR part 75, incorporated by reference in s. NR 484.04 (26m) (a) to (d). The total amount of the fuel combusted in mmBtus may be apportioned to individual fuels, using consumption and delivery records for the fuels. NR 446.08(1)(b)(b) Mercury content of the fuel is determined according to ASTM D3684-01, incorporated by reference in s. NR 484.10 (47m), or an equivalent method approved by the department, following the procedures in s. NR 446.07 (1), (2) and (3). NR 446.08(1)(c)(c) Reduction of mercury is calculated through source performance tests which follow the procedures in this paragraph. A value of one is assumed for natural gas fired combustion units that are exempt from performance testing under sub. (6). NR 446.08(1)(c)2.2. 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 446.08(1)(c)3.3. During the source performance testing, the consumption of fuel shall be monitored and recorded. NR 446.08(1)(c)4.4. The major utility shall submit to the department the information obtained in subds. 1. to 3. and the calculations for the percent removal efficiency of mercury. NR 446.08(1)(d)(d) The department may require that more than one source performance test be conducted if a single test is determined not to be representative of conditions at the combustion unit. NR 446.08(2)(2) Nothing in this section shall prohibit the department from requiring major utilities to use other methods of determining annual mercury emissions. NR 446.08(3)(3) The owner or operator of a major utility may request that alternative methods for determining annual mercury emissions be approved by the department. NR 446.08(4)(4) All units subject to s. NR 446.05, with an electrical generating capacity equal to or greater than 200 MW, and all units that undergo process changes or change control equipment after January 1, 2006, shall have source performance tests conducted during calendar years 2010 and 2013.
