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. NR 446.08(5)(5) The owner or operator of a major utility shall use the results of the most recently conducted source performance test for calculating the reduction efficiency under sub. (1) (c). NR 446.08(6)(6) Combustion units subject to s. NR 446.06 that exclusively combust natural gas are not subject to the source performance testing requirements of this section. NR 446.08 HistoryHistory: CR 01-081: cr. September 2004 No. 585, eff. 10-1-04; CR 07-036: renum. from NR 446.09, am. (title), (1) (intro.), (b), (c) 1., (d) and (4) Register November 2008 No. 635, eff. 12-1-08. NR 446.09(1)(1) Except for those units that are excluded under sub. (2), this subchapter applies to the owner or operator of a coal-fired EGU, serving at any time, since the startup of the unit’s combustion chamber, a generator with nameplate capacity of more than 25 MWe producing electricity for sale. NR 446.09(2)(2) A cogeneration unit which otherwise satisfies the applicability statement of sub. (1) is exempt from this subchapter if the cogeneration unit, during the 12-month period starting on the date the unit first produces electricity and continues to qualify as a cogeneration unit, and which does not serve at any time, since the later of November 15, 1990 or the start-up of the cogeneration unit’s combustion chamber, a generator with a nameplate capacity of more than 25 MWe supplying in any calendar year more than one-third of the cogeneration unit’s potential electric output capacity or 219,000 MWh, whichever is greater, to any utility power distribution system for sale. NR 446.09(3)(3) If a coal-fired EGU qualifies as a cogeneration unit during the 12-month period starting on the date the unit first produces electricity and meets the exemption requirements of sub. (2) for at least one calendar year, but subsequently no longer meets the exemption requirements, the coal-fired EGU shall become subject to this subchapter starting January 1 of the following calendar year. NR 446.09 HistoryHistory: CR 07-036: cr. Register November 2008 No. 635, eff. 12-1-08. NR 446.10NR 446.10 Definitions. The definitions contained in ch. NR 400 and in s. NR 446.02 apply to the terms used in this subchapter. In addition, the following definitions apply to the terms used in this subchapter: NR 446.10(1)(1) “Boiler” means an enclosed combustion device used to produce heat and to transfer heat to recirculating water, steam or other medium. NR 446.10(2)(2) “Coal-fired” means combusting any amount of coal or coal-derived fuel, alone or in combination with any amount of any other fuel. NR 446.10(3)(3) “Cogeneration” means an EGU that simultaneously produces both electrical or mechanical, and useful thermal energy from the same primary energy source. NR 446.10(4)(4) “Combustion turbine” means an enclosed device comprising 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. If the enclosed device is combined cycle, the combustion turbine includes any associated duct burner, heat recovery steam generator and steam turbine. NR 446.10(5)(5) “Electric generating unit” or “EGU” means a boiler or a combustion turbine serving a generator that produces electricity. NR 446.10(6)(6) “Gross electrical output” means electricity made available for use, including any electricity used in the power production process. A power production process includes any on-site processing or treatment of fuel combusted at the EGU and any on-site emission controls. NR 446.10(7)(7) “Large coal-fired EGU” means an electric generating unit serving a generator with nameplate capacity 150 megawatts and greater. NR 446.10(8)(8) “Process energy efficiency” means, with regard to cogeneration, the percentage of thermal energy used in the process excluding any energy contained in condensate return, makeup water, and system losses divided by the process internal energy input. NR 446.10(9)(9) “Process thermal energy input” means, with regard to cogeneration, the total amount of thermal energy made available to a process for use other than for generating electricity. NR 446.10(10)(10) “Small coal-fired EGU” means an electric generating unit serving a generator with a nameplate capacity greater than 25 megawatts but less than 150 megawatts. NR 446.10(11)(11) “Useful thermal energy” means, with regard to cogeneration, thermal energy that is any of the following: NR 446.10(11)(a)(a) Made available to an industrial or commercial process, not a power production process, excluding any heat contained in condensate return or makeup water. NR 446.10(11)(b)(b) Used in a heating application, such as space heating or hot water heating. NR 446.10(11)(c)(c) Used in space cooling application, such as thermal energy used by an absorption chiller. NR 446.10 HistoryHistory: CR 07-036: cr. Register November 2008 No. 635, eff. 12-1-08. NR 446.11NR 446.11 Mercury emission limits for new or modified coal-fired electric generating units. Notwithstanding the provisions of s. NR 446.03, after December 1, 2008, no person may commence construction, or commence a modification with respect to mercury, of a coal-fired EGU unless the department finds that a 90% mercury emission reduction as measured from the mercury content of fuel combusted will be achieved. NR 446.11 HistoryHistory: CR 07-036: cr. Register November 2008 No. 635, eff. 12-1-08. NR 446.12NR 446.12 Mercury emission limits for small coal-fired electric generating units.
