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.) NR 446.18(1)(d)(d) For gross electric output, hourly megawatt-hours using continuous monitoring. NR 446.18(1)(e)(e) For process thermal energy input, hourly mmBtus delivered to the process using continuous monitoring. NR 446.18(2)(2) Determining annual actual emissions. Owners and operators of a coal-fired EGU affected by this subchapter shall determine annual mass of actual emissions for each pollutant as the sum of monitored emissions according to Equation 1. where:
Pactual is the mass of mercury, NOx or SO2 emitted during the compliance year
Pmonitored is the mass of mercury, NOx or SO2 emissions monitored and determined for each hour i the EGU is operated during the compliance year
n is the number of hours the EGU is operating during the compliance year
NR 446.18(3)(3) Determining annual fuel mercury content. Owners and operators of a coal-fired EGU affected by this subchapter shall determine the annual mass of mercury contained in all combusted fuels, as required to demonstrate compliance, according to the following procedures: NR 446.18(3)(a)(a) Calculate the mass of mercury contained in each fuel for each month, according to Equation 2, as the mercury concentration in fuel combusted each month as determined following the procedures in s. NR 446.07 (1), (2) and (3) according to solid and non-solid types of fuel, multiplied by the amount of fuel, in mmBtu, combusted each month as determined following the procedures in s. NR 446.07 (4). where:
Fuel Hgfm is the mass of mercury contained in fuel f, in month m
HIfm is the heat input of the combusted fuel f, in month m
Hg Cfm is the mercury concentration for fuel f, in month m
NR 446.18(3)(b)(b) Calculate the annual mass of mercury, according to Equation 3, as the sum of mercury contained in all fuels combusted for all months during the compliance year. where:
Fuel Hgannual is the mass amount of mercury contained in all fuels combusted during the compliance year
Fuel Hgi is the mercury mass content for fuel i, combusted in month m, during the compliance year determined in par. (a)
f is number of fuels combusted during the compliance month
NR 446.18(4)(4) Determining annual gross output. Owners and operators of a coal-fired EGU affected by this subchapter shall determine the annual gross energy output in gigawatt-hours, as required to demonstrate compliance, according to the following procedures: NR 446.18(4)(a)(a) Calculate the annual gross electric output in gigawatt-hours, according to Equation 4, as the sum of gross electric output measured in megawatt-hours for each hour the EGU is operating. where:
EGWh is the total annual gross electric output in GWh
MWhi is the gross electric output in MWh for each hour i the EGU operated during the compliance year
1,000 is the factor to convert MWh to GWh
n is the number of hours the EGU operated during the compliance year
NR 446.18(4)(b)(b) Calculate the annual amount of useful thermal energy in mmBtu, according to Equation 5, as the sum of the process thermal energy input for each hour the EGU is operated multiplied by the process energy efficiency. where:
UTEannual is the annual amount of thermal energy, in mmBtu, utilized in the cogeneration process
PTEIi is the amount of thermal energy input, in mmBtu, made available to the cogeneration process for each hour i the EGU operated during the compliance year
PEE is the process energy efficiency, expressed as a percent, measured for the EGU. A value of 50% may be assumed.
n is the number of hours the unit operated during the year of compliance
NR 446.18(4)(c)(c) Calculate the annual gross energy output in mmBtu, according to Equation 6, as the sum of the annual gross electric output and the annual applied thermal energy converted to electric output. where:
GEOGWh is the total annual gross energy output in GWh
EGWh is the total annual gross electric output in GWh determined in par. (a)
UTEannual is the total annual useful thermal energy in mmBtu determined in par. (b)
3,413 is the factor to convert thermal energy in mmBtu to GWh
NR 446.18(5)(5) Determining annual allowable emissions. Except as provided in s. NR 446.185, owners and operators of a coal-fired EGU affected by this subchapter shall determine annual allowable emissions, as required to demonstrate compliance, according to the following procedures: NR 446.18(5)(a)(a) When achieving compliance on a unit-by-unit basis, use one of the following equations as applicable: where:
Hgallowable is the mass of mercury emissions allowed for the compliance year
Fuel Hgannual is the mass of mercury in fuel combusted during the compliance year as determined in sub. (3) (b).
Hg CE is the applicable requirement for percent mercury emission reduction divided by 100.
where:
Hgallowable is the mass of mercury emissions in pounds allowed for the compliance year
GEOGWh is the annual gross energy output during the compliance year as determined in sub. (4) (c)
ELoutput is the applicable mercury output based emission limitation in pounds per GWh
where:
Pallowable is the mass of NOx or SO2 emissions allowed for the compliance year
