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. NR 446.12(1)(1) Beginning April 16, 2016, an owner or operator of a small coal-fired EGU shall limit mercury emissions to a level that is determined by the department to be best available control technology. NR 446.13NR 446.13 Mercury emission limits for large coal-fired electric generating units. NR 446.13(1)(1) Beginning April 16, 2016, an owner or operator of a large or a small coal-fired EGU designated by the department to meet the emission limitation in this subsection under s. NR 446.17 (2) (b) shall achieve a minimum of 90% mercury emission reduction as measured from the mercury content of fuel combusted or limit mercury emissions annually to 0.0080 pounds per gigawatt-hour (lbs/GWh) of electricity produced. NR 446.13(2)(2) An owner or operator may achieve compliance with sub. (1) by either of the following methods: NR 446.13(2)(a)(a) Unit-by-unit compliance. Demonstrating that the mercury emissions from each coal-fired EGU meet either of the mercury emission limits in sub. (1) using the measurement methods and calculation procedures in s. NR 446.18. NR 446.13(2)(b)(b) Unit averaging. Demonstrating that the sum of the mercury emissions from all coal-fired EGUs subject to the mercury emission limits in sub. (1) does not exceed the sum of the annual allowable mercury emissions for the coal-fired EGUs using the measurement methods and calculation procedures in s. NR 446.18. NR 446.14NR 446.14 Multipollutant reduction alternative for coal-fired electrical generating units. NR 446.14(1)(1) An owner or operator of a large or small coal-fired EGU may elect to meet the emission limitations in this section instead of the emission limitations of s. NR 446.12 or 446.13 in accordance with the provisions of s. NR 446.17 (2). The following annual emission limitations for NOx, SO2 and mercury apply to each unit for which the owner or operator makes an election under this section: NR 446.14(1)(a)(a) For NOx, beginning April 16, 2016, 0.07 pounds per mmBtu of heat input. NR 446.14(1)(b)(b) For SO2, beginning April 16, 2016, 0.10 pounds per mmBtu of heat input. NR 446.14(1)(c)1.1. Beginning April 16, 2016 and to December 31, 2017, a 70% mercury emission reduction as measured from the mercury content of fuel combusted or 0.0190 pounds per gigawatt-hour (lbs/GWh). NR 446.14(1)(c)2.2. Beginning January 1, 2018 and to December 31, 2020, an 80% mercury emission reduction as measured from the mercury content of fuel combusted or 0.0130 pounds per gigawatt-hour (lbs/GWh). NR 446.14(1)(c)3.3. Beginning January 1, 2021, a 90% mercury emission reduction as measured from the mercury content of fuel combusted or 0.0080 pounds per gigawatt-hour (lbs/GWh). NR 446.14(2)(2) An owner or operator may achieve compliance with sub. (1) by either of the following methods: NR 446.14(2)(a)(a) Unit-by-unit compliance. Demonstrating that the mercury, NOx and SO2 emissions from each coal-fired EGU meet the applicable emission limitation in sub. (1) using the measurement methods and calculation procedures in s. NR 446.18. NR 446.14(2)(b)(b) Unit averaging. Demonstrating that for each pollutant, the sum of the emissions from all coal-fired EGUs subject to the emission limits in sub. (1) do not exceed the sum of the annual allowable mercury, NOx or SO2 emissions for the coal-fired EGUs using the measurement methods and calculation procedures in s. NR 446.18. NR 446.14 HistoryHistory: CR 07-036: cr. Register November 2008 No. 635, eff. 12-1-08; CR 13-089: am. (1) (a), (b), (c) 1. Register July 2014 No. 703, eff. 8-1-14. NR 446.15NR 446.15 Early mercury emission reduction credits. NR 446.15(1)(1) An owner or operator of a coal-fired EGU that is subject to this subchapter may request that the department certify excess mercury emission reductions as early emission reduction credits. NR 446.15(2)(2) The department may only certify emission reductions that meet either of the following criteria as early emission reduction credits: NR 446.15(2)(a)(a) Emission reductions achieved by major utilities in calendar years 2010 to 2014 in excess of the emission limitation in s. NR 446.05. NR 446.15(3)(3) Beginning March 1, 2011, and on or before March 1, 2021, owners and operators may request in the annual compliance report required in s. NR 446.17 (1), that the department certify excess mercury reductions from the previous calendar year as early emission reduction credits. The department shall provide written notice within 60 days of the receipt of a request approving or denying the early emission reduction credit request. NR 446.15(4)(4) The department shall certify the emission reductions, in terms of pounds of mercury emissions reduced, as early emission reduction credits if the owner or operator demonstrates to the department that the reductions are actual mercury emission reductions that are not required under any state or federal law, court order or air permit condition. NR 446.15(5)(5) Certified mercury emission reduction credits may be used by the owner or operator of a coal-fired EGU to meet the annual mercury emission limitations in s. NR 446.14 (1) (c) subject to the provisions in sub. (6). NR 446.15(6)(6) For demonstrating compliance with the mercury emission limitations in s. NR 446.14 (1) (c), an owner or operator shall only be allowed to surrender certified mercury emission reduction credits in an amount that does not exceed 10% of the annual allowable emission total, in pounds. NR 446.15(7)(7) The department will maintain an ongoing record of the early mercury emission reduction credits certified and surrendered to achieve compliance with s. NR 446.14. NR 446.15 HistoryHistory: CR 07-036: cr. Register November 2008 No. 635, eff. 12-1-08. NR 446.16NR 446.16 Electric reliability compliance extension. NR 446.16(1)(1) The owner or operator of a coal-fired EGU subject to s. NR 446.13, or electing to comply with s. NR 446.13 or 446.14, may request an extension to achieve compliance with the applicable mercury, NOx or SO2 emission limitations. NR 446.16(2)(2) The department may grant an extension under this section if, in consultation with the public service commission, the department determines that the information submitted by the owner or operator supports a conclusion that without the extension a major electrical supply disruption is likely to occur. An extension may not be granted beyond January 1, 2017. NR 446.16(3)(3) The owner or operator shall submit a written request for extension to the department at the time the emission limitation election in s. NR 446.17 (2) is provided. NR 446.16(4)(4) The request shall provide sufficient information concerning the conditions on which the request is based to demonstrate to the department’s satisfaction that an extension is warranted. In addition, the request shall include all of the following: NR 446.16(4)(a)(a) The proposed control equipment installation schedule for all coal-fired EGUs the owner or operator has included in the request to meet the requirements of this subchapter. NR 446.16(4)(c)(c) The alternative annual emission limitations for mercury, NOx or SO2 that will be achieved during the period of the requested extension. NR 446.16(4)(d)(d) The reasons why the owner or operator is unable to meet the January 1, 2015 compliance schedule and emission limitations in s. NR 446.13 or 446.14. NR 446.16(5)(5) Within 180 days after the receipt of a completed request, the department shall notify the applicant in writing of the reasons for denying, approving or conditionally approving any request for an extension. NR 446.16 HistoryHistory: CR 07-036: cr. Register November 2008 No. 635, eff. 12-1-08. NR 446.165NR 446.165 Large coal-fired electric generating unit variance. NR 446.165(1)(1) The owner or operator of a large coal-fired EGU may request a variance from the emission reduction requirements of s. NR 446.13 or 446.14 by submitting a written request to the department and the commission. The request shall provide sufficient information concerning the conditions or special circumstances on which the variance request is based to demonstrate to the department’s satisfaction that a variance from the applicable requirements is necessary. In addition, the request shall include the following: NR 446.165(1)(a)(a) Where an alternative compliance schedule is sought, the owner or operator shall submit a proposed schedule which demonstrates reasonable further progress and contains a date for final compliance as soon as practicable. NR 446.165(1)(b)(b) Where an alternative reduction requirement is sought, the owner or operator shall submit a proposed reduction requirement. NR 446.165(1)(c)(c) Requests for variances shall contain relevant information on the costs and technological feasibility of meeting the reduction requirements as required by the department. NR 446.165(3)(3) The department may grant a variance that sets an alternative reduction requirement or schedule, or both. NR 446.165(4)(4) The department may grant a variance if the owner or operator demonstrates to the department’s satisfaction that the reduction requirements are technologically or economically infeasible. NR 446.165(5)(5) The department may grant a variance that sets an alternative schedule if the owner or operator demonstrates to the department’s satisfaction that the delay is needed to complete installation and place into operation control technology to achieve compliance with a reduction requirement. NR 446.165(6)(6) Within 90 days of the receipt of a completed request, the department shall publish a public notice on each variance request and the department’s preliminary determination to grant or deny the request, to provide the opportunity for public comments including, where requested, a public hearing on the variance request. Following the public comment period, the department shall notify the variance applicant in writing of the reasons for denying, granting or for granting in a modified form any request for a variance.
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