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. NR 446.165(7)(7) The department may, after notice and opportunity for hearing, revoke or modify any variance when any term or condition of the variance has been violated. NR 446.165 HistoryHistory: CR 07-036: cr. Register November 2008 No. 635, eff. 12-1-08. NR 446.17NR 446.17 Annual compliance report, emission limitation election and BACT determination. NR 446.17(1)(1) Annual compliance report. By July 1, 2017, the owner or operator of a coal-fired EGU subject to this subchapter shall prepare and submit a compliance report for the initial period of April 16, 2016 to April 15, 2017. On or before March 1, 2018, and on or before March 1 of every calendar year thereafter, the owner or operator of a coal-fired EGU subject to this subchapter shall prepare and submit a compliance report for the previous calendar year. The report shall include all of the following: NR 446.17(1)(a)(a) The actual mercury emissions and, if subject to NOx and SO2 emission limitations under this subchapter, the actual NOx and SO2 emissions from each coal-fired EGU for the previous year following the methodology in s. NR 446.18. NR 446.17(1)(b)(b) The designated emission limitations under sub. (2) for each coal-fired EGU. NR 446.17(1)(c)(c) The amount of early reduction emission credits certified under s. NR 446.15 and currently held by the owner or operator, in pounds, and the amount of certified early reduction emission credits being surrendered. NR 446.17(1)(d)(d) A comparison of annual actual emissions minus any surrendered early emission reduction credits to the annual allowable emissions, in pounds, for each coal-fired EGU by the applicable emission limitation requirement established in sub. (2) using the methods and procedures in s. NR 446.18. NR 446.17 NoteNote: The compliance periods and compliance report due dates are specified in order to allow for 12 month emission averaging periods in complying with large EGU emission limitations, and in complying with small EGU emission limitation if appropriate. The initial compliance report due by July 1, 2017 will demonstrate compliance for the period of April 16, 2016 to April 15, 2017. The second compliance report will be due on March 1, 2018 and will demonstrate compliance for the period of January 1, 2017 to December 31, 2017. All subsequent reports will be due on March 1 of each year and will demonstrate compliance for the previous calendar year.
NR 446.17(2)(a)(a) No later than December 31, 2010, owners or operators of coal-fired EGUs affected by the requirements of this subchapter shall identify for each unit under their ownership or control the mercury emission limitations in this subchapter for those units including any elections made under ss. NR 446.12 (2) and 446.14 (1). This identification shall be made to the department in writing. NR 446.17(2)(b)(b) Within 90 days after the receipt of the report in sub. (1), the department shall notify the owner or operator in writing of the emission limitation designations for each coal-fired EGUs subject to this subchapter. NR 446.17(2)(c)(c) Designations by the department under par. (b) shall establish emission limitation requirements under this subchapter. NR 446.17(3)(3) Bact determination for small coal-fired electric generating units. NR 446.17(3)(a)(a) No later than June 30, 2011, owners or operators of small coal-fired EGUs subject to s. NR 446.12 shall provide the department with a preliminary BACT determination. NR 446.17(3)(b)(b) Notwithstanding par. (a), a small coal-fired EGU designated by the department under sub. (2) to meet the emission limitations in s. NR 446.13 or 446.14 are not required to provide a preliminary BACT determination. NR 446.17(3)(c)(c) The owner or operator shall submit the information required in par. (a) on the application form required for an operation permit, an amendment to an application, or renewal of the operation permit, as applicable. NR 446.17(3)(d)(d) Within 180 days after the receipt of the information in par. (c), the department shall approve, conditionally approve or disapprove the owner’s or operator’s preliminary BACT determination. NR 446.17 HistoryHistory: CR 07-036: cr. Register November 2008 No. 635, eff. 12-1-08; CR 13-089: am. (1) (intro.) Register July 2014 No. 703, eff. 8-1-14. NR 446.18NR 446.18 Emission determination and compliance demonstration. NR 446.18(1)(1) Monitoring requirements. Owners and operators of a coal-fired EGU affected by this subchapter shall monitor emissions, heat input, electricity generation and process thermal energy, as required to demonstrate compliance, according to the following methods and specifications: NR 446.18(1)(b)(b) For mercury, hourly mass emissions using continuous emission monitoring. By December 31, 2013, the department shall promulgate rules that specify the requirements for continuous emission monitoring for purposes of this paragraph. NR 446.18 NoteNote: On February 8, 2008, the U.S. District Court of Appeals for the D.C. Circuit vacated rules the department had intended to rely on related to continuous emission monitoring for mercury emissions. (See New Jersey, et. al. v. Environmental Protection Agency, D.C. Ct. App. No 05-1097, February 8, 2008.)
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