Chapter NR 462

NR 462.02(37)(a) (a) A naturally occurring mixture of hydrocarbon and non-hydrocarbon gases found in geologic formations beneath the earth’s surface, of which the principal constituent is methane.

NR 462.02(37)(b) (b) Liquid petroleum gas, as defined by the American Society for Testing and Materials in ASTM D1835-03a, “Standard Specification for Liquid Petroleum Gases”, incorporated by reference in s. NR 484.10 (26m).

NR 462.02(38) (38) “Opacity” means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background.

NR 462.02(39) (39) “Particulate matter” means any finely divided solid or liquid material, other than uncombined water, as measured by the test methods specified under this chapter, or an alternative method.

NR 462.02(40) (40) “Period of natural gas curtailment” or “supply interruption” means a period of time during which the supply of natural gas to an affected facility is halted for reasons beyond the control of the facility. An increase in the cost or unit price of natural gas does not constitute a period of natural gas curtailment or supply interruption.

NR 462.02(41) (41) “Process heater” means an enclosed device using controlled flame that is not a boiler, and the unit’s primary purpose is to transfer heat indirectly to a process material or to a heat transfer material for use in a process unit, instead of generating steam. Process heaters are devices in which the combustion gases do not directly come into contact with process materials. Process heaters do not include units used for comfort heat or space heat, food preparation for on-site consumption or autoclaves.

NR 462.02(42) (42) “Residual oil” means crude oil and all fuel oil numbers 4, 5 and 6, as defined by the American Society for Testing and Materials in ASTM D396-02a, “Standard Specifications for Fuel Oils”, incorporated by reference in s. NR 484.10 (8).

NR 462.02(43) (43) “Small gaseous fuel subcategory” includes any fire tube boiler that burns gaseous fuels not combined with any solid fuels and burns liquid fuel only during periods of gas curtailment or gas supply emergencies, and any boiler or process heater that burns gaseous fuels not combined with any solid fuels, burns liquid fuel only during periods of gas curtailment or gas supply emergencies and has a rated capacity of less than or equal to 10 mmBtu per hour heat input.

NR 462.02(44) (44) “Small liquid fuel subcategory” includes any fire tube boiler that does not burn any solid fuel and burns any liquid fuel either alone or in combination with gaseous fuels, and any boiler or process heater that does not burn any solid fuel and burns any liquid fuel either alone or in combination with gaseous fuels and has a rated capacity of less than or equal to 10 mmBtu per hour heat input. Small gaseous fuel boilers and process heaters that burn liquid fuel during periods of gas curtailment or gas supply emergencies are not included in this definition.

NR 462.02(45) (45) “Small solid fuel subcategory” includes any fire tube boiler that burns any amount of solid fuel either alone or in combination with liquid or gaseous fuels, and any other boiler or process heater that burns any amount of solid fuel either alone or in combination with liquid or gaseous fuels and has a rated capacity of less than or equal to 10 mmBtu per hour heat input.

NR 462.02(46) (46) “Solid fuel” includes coal, wood, biomass, tires, plastics and other non-fossil solid materials.

NR 462.02(47) (47) “Temporary boiler” means any gaseous or liquid fuel boiler that is designed to, and is capable of, being carried or moved from one location to another. A temporary boiler that remains at a location for more than 180 consecutive days is no longer considered to be a temporary boiler. Any temporary boiler that replaces a temporary boiler at a location and is intended to perform the same or similar function will be included in calculating the consecutive time period.

NR 462.02(48) (48) “Total selected metals” or “TSM” means the combination of the following metallic HAP: arsenic, beryllium, cadmium, chromium, lead, manganese, nickel and selenium.

NR 462.02(49) (49) “Unadulterated wood” means wood or wood products that have not been painted, pigment-stained, or pressure treated with compounds such as chromated copper arsenate, pentachlorophenol and creosote. Plywood, particle board, oriented strand board, and other types of wood products bound by glues and resins are included in this definition.

NR 462.02(50) (50) “Waste heat boiler” means a device that recovers normally unused energy and converts it to usable heat. Waste heat boilers incorporating duct or supplemental burners that are designed to supply 50% or more of the total rated heat input capacity of the waste heat boiler are not considered waste heat boilers, but are considered boilers. Waste heat boilers are also referred to as heat recovery steam generators.

NR 462.02(51) (51) “Water heater” means a closed vessel with a capacity of no more than 120 U.S. gallons in which water is heated by combustion of gaseous or liquid fuel and is withdrawn for use external to the vessel at pressures not exceeding 160 psig, including the apparatus by which the heat is generated and all controls and devices necessary to prevent water temperatures from exceeding 210°F (99°C).

NR 462.02(52) (52) “Water tube boiler” means a boiler in which water passes through the tubes and hot gases of combustion pass over the outside surfaces of the tubes.

NR 462.02(53) (53) “Wet scrubber” means any add-on air pollution control device that mixes an aqueous stream or slurry with the exhaust gases from a boiler or process heater to control emissions of particulate matter or to absorb and neutralize acid gases, such as hydrogen chloride, or both.

NR 462.02(54) (54) “Work practice standard” means any design, equipment, work practice or operational standard, or combination thereof, that is promulgated pursuant to section 112(h) of the Act.

NR 462.02 History History: CR 05-116: cr. Register November 2006 No. 611, eff. 12-1-06.

NR 462.03 NR 462.03 Emission limits and work practice standards.

NR 462.03(1) (1) What are the subcategories of boilers and process heaters? The subcategories of boilers and process heaters are large solid fuel, limited use solid fuel, small solid fuel, large liquid fuel, limited use liquid fuel, small liquid fuel, large gaseous fuel, limited use gaseous fuel and small gaseous fuel. Each subcategory is defined in s. NR 462.02.

NR 462.03(2) (2) What emission limits, work practice standards and operating limits must I meet?

NR 462.03(2)(a) (a) You shall meet the requirements in subds. 1. and 2.

NR 462.03(2)(a)1. 1. You shall meet each emission limit and work practice standard in Table 1 of this chapter that applies to your boiler or process heater, except as provided under s. NR 462.04 (3).

NR 462.03(2)(a)2. 2. You shall meet each operating limit in Tables 2 to 4 of this chapter that applies to your boiler or process heater. If you use a control device or combination of control devices not covered in Tables 2 to 4, or you wish to establish and monitor an alternative operating limit and alternative monitoring parameters, you shall apply to the administrator for approval of alternative monitoring under 40 CFR 63.8(f).

NR 462.03 Note Note: The authority to approve alternative monitoring is retained by the administrator and is not delegated to the department.

NR 462.03(2)(b) (b) As provided in 40 CFR 63.6(g), EPA may approve use of an alternative to the work practice standards in this section.

NR 462.03 History History: CR 05-116: cr. Register November 2006 No. 611, eff. 12-1-06.

NR 462.04 NR 462.04 General compliance requirements.

NR 462.04(1) (1) What are my general requirements for complying with this chapter?

NR 462.04(1)(a) (a) You shall be in compliance with the emission limits, including operating limits, and the work practice standards in this chapter at all times, except during periods of startup, shutdown and malfunction.

NR 462.04(1)(b) (b) You shall always operate and maintain your affected source, including air pollution control and monitoring equipment, according to the provisions in s. NR 460.05 (4) (a) 1.

NR 462.04(1)(c) (c) You may demonstrate compliance with any applicable emission limit using fuel analysis if the emission rate calculated according to s. NR 462.05 (7) (d) is less than the applicable emission limit. Otherwise, you shall demonstrate compliance using performance testing.

NR 462.04(1)(d) (d) If you demonstrate compliance with any applicable emission limit through performance testing, you shall develop a site-specific monitoring plan according to the requirements in subds. 1. to 4. This requirement also applies to you if you petition the EPA administrator for alternative monitoring parameters under 40 CFR 63.8(f).

NR 462.04 Note Note: The authority to approve alternative monitoring parameters is retained by the administrator and is not delegated to the department.

NR 462.04(1)(d)1. 1. For each continuous monitoring system (CMS) required in this subsection, you shall develop and submit to the department for approval a site-specific monitoring plan that addresses subd. 1. a. to c. You shall submit this site-specific monitoring plan at least 60 days before your initial performance evaluation of your CMS. The plan shall include all of the following:

NR 462.04(1)(d)1.a. a. Installation of the CMS sampling probe or other interface at a measurement location relative to each affected process unit such that the measurement is representative of control of the exhaust emissions, such as on or downstream of the last control device.

NR 462.04(1)(d)1.b. b. Performance and equipment specifications for the sample interface, the pollutant concentration or parametric signal analyzer and the data collection and reduction systems.

NR 462.04(1)(d)1.c. c. Performance evaluation procedures and acceptance criteria, such as calibrations.

NR 462.04(1)(d)2. 2. In your site-specific monitoring plan you shall also address subd. 2. a. to c.

NR 462.04(1)(d)2.a. a. Ongoing operation and maintenance procedures in accordance with the general requirements of s. NR 460.07 (3) (a), (c) and (d) 2.

NR 462.04(1)(d)2.b. b. Ongoing data quality assurance procedures in accordance with the general requirements of s. NR 460.07 (4).

NR 462.04(1)(d)2.c. c. Ongoing recordkeeping and reporting procedures in accordance with the general requirements of s. NR 460.09 (3) (a) and (5) (a) and (b) 1.

NR 462.04(1)(d)3. 3. You shall conduct a performance evaluation of each CMS in accordance with your site-specific monitoring plan.

NR 462.04(1)(d)4. 4. You shall operate and maintain the CMS in continuous operation according to the site-specific monitoring plan.

NR 462.04(1)(e) (e) If you have an applicable emission limit or work practice standard, you shall develop and implement a written startup, shutdown and malfunction plan (SSMP) according to the provisions in s. NR 460.05 (4) (c).

NR 462.04(2) (2) Do any boilers or process heaters have limited requirements?

NR 462.04(2)(a) (a) New or reconstructed boilers and process heaters in the large liquid fuel subcategory or the limited use liquid fuel subcategory that burn only fossil fuels and other gases and do not burn any residual oil are subject to the emission limits and applicable work practice standards in Table 1 of this chapter. You are not required to conduct a performance test to demonstrate compliance with the emission limits. You are not required to set and maintain operating limits to demonstrate continuous compliance with the emission limits. However, you shall meet the requirements in subds. 1. and 2. and meet the CO work practice standard in Table 1 of this chapter.

NR 462.04(2)(a)1. 1. To demonstrate initial compliance, you shall include a signed statement in the notification of compliance status report required in s. NR 462.07 (1) (e) that indicates you burn only liquid fossil fuels other than residual oils, either alone or in combination with gaseous fuels.

NR 462.04(2)(a)2. 2. To demonstrate continuous compliance with the applicable emission limits, you shall also keep records that demonstrate that you burn only liquid fossil fuels other than residual oils, either alone or in combination with gaseous fuels. You shall also include a signed statement in each semiannual compliance report required in s. NR 462.07 (2) that indicates you burned only liquid fossil fuels other than residual oils, either alone or in combination with gaseous fuels, during the reporting period.

NR 462.04(2)(b) (b) The affected boilers and process heaters listed in subds. 1. to 3. are subject to only the initial notification requirements in s. NR 460.08 (2). They are not subject to the emission limits, work practice standards, performance testing, monitoring, SSM plans, site-specific monitoring plans, recordkeeping and reporting requirements of this chapter or any other requirements in ch. NR 460.

NR 462.04(2)(b)1. 1. Existing large and limited use gaseous fuel units.

NR 462.04(2)(b)2. 2. Existing large and limited use liquid fuel units.

NR 462.04(2)(b)3. 3. New or reconstructed small liquid fuel units that burn only gaseous fuels or distillate oil. New or reconstructed small liquid fuel boilers and process heaters that commence burning any other type of liquid fuel shall comply with all applicable requirements of this chapter and ch. NR 460 upon commencing the burning of the other type of liquid fuel.

NR 462.04(2)(c) (c) The affected boilers and process heaters listed in subds. 1. to 4. are not subject to the initial notification requirements in s. NR 460.08 (2) and are not subject to any requirements in this chapter or in ch. NR 460. They are not subject to the emission limits, work practice standards, performance testing, monitoring, SSM plans, site-specific monitoring plans, recordkeeping and reporting requirements of this chapter or any other requirements in ch. NR 460.

NR 462.04(2)(c)1. 1. Existing small solid fuel boilers and process heaters.

NR 462.04(2)(c)2. 2. Existing small liquid fuel boilers and process heaters.

NR 462.04(2)(c)3. 3. Existing small gaseous fuel boilers and process heaters.

NR 462.04(2)(c)4. 4. New or reconstructed small gaseous fuel units.

NR 462.04(3) (3) What are the health-based compliance alternatives for the hydrogen chloride and total selected metals standards?

NR 462.04(3)(a) (a) As an alternative to the requirement to demonstrate compliance with the HCl emission limit in Table 1 of this chapter, you may demonstrate eligibility for the health-based compliance alternative for HCl emissions under the procedures prescribed in 40 CFR part 63, subpart DDDDD, Appendix A, incorporated by reference in s. NR 484.04 (24m).

NR 462.04(3)(b) (b) As an alternative to the requirement to demonstrate compliance with the TSM emission limit in Table 1 of this chapter based on the sum of emissions for the 8 selected metals, you may demonstrate eligibility for the health-based alternative for manganese emissions under the procedures prescribed in 40 CFR part 63, subpart DDDDD, Appendix A, incorporated by reference in s. NR 484.04 (24m) and comply with the TSM emission standards in Table 1 based on the sum of emissions for 7 selected metals, by excluding manganese emissions from the summation of TSM emissions.

NR 462.04(4) (4) What parts of the general provisions apply to me? Appendix DDDDD of ch. NR 460 shows which parts of the general provisions in ch. NR 460 apply to you.

NR 462.04 History History: CR 05-116: cr. Register November 2006 No. 611, eff. 12-1-06.

NR 462.05 NR 462.05 Testing, fuel analyses and initial compliance requirements.

NR 462.05(1) (1) What are my initial compliance requirements and deadlines?

NR 462.05(1)(a) (a) For affected sources that elect to demonstrate compliance with any of the emission limits of this chapter through performance testing, your initial compliance requirements include conducting performance tests according to sub. (3) and Table 5 of this chapter, conducting a fuel analysis for each type of fuel burned in your boiler or process heater according to sub. (4) and Table 6 of this chapter, establishing operating limits according to sub. (7) and Table 7 of this chapter, and conducting CMS performance evaluations according to sub. (6).

NR 462.05(1)(b) (b) For affected sources that elect to demonstrate compliance with the emission limits for HCl, mercury or TSM through fuel analysis, your initial compliance requirement is to conduct a fuel analysis for each type of fuel burned in your boiler or process heater according to sub. (4) and Table 6 of this chapter and establish operating limits according to sub. (7) and Table 8 of this chapter.

NR 462.05(1)(c) (c) For affected sources that have an applicable work practice standard, your initial compliance requirements depend on the subcategory and rated capacity of your boiler or process heater. If your boiler or process heater is in any of the limited use subcategories or has a heat input capacity less than 100 mmBtu per hour, your initial compliance demonstration is conducting a performance test for carbon monoxide according to Table 5 of this chapter. If your boiler or process heater is in any of the large subcategories and has a heat input capacity of 100 mmBtu per hour or greater, your initial compliance demonstration is conducting a performance evaluation of your continuous emission monitoring system for carbon monoxide according to sub. (6) (a).

NR 462.05(1)(d) (d) For existing affected sources, you shall demonstrate initial compliance no later than 180 days after the compliance date that is specified for your source in s. NR 462.01 (5) and according to the applicable provisions in s. NR 460.06 (1) (b) as cited in Appendix DDDDD in ch. NR 460.

NR 462.05(1)(e) (e) If your new or reconstructed affected source commenced construction or reconstruction between January 13, 2003 and November 12, 2004, you shall demonstrate initial compliance with either the proposed emission limits and work practice standards or the promulgated emission limits and work practice standards no later than 180 days after November 12, 2004 or within 180 days after startup of the source, whichever is later, according to s. NR 460.06 (1) (b).

NR 462.05(1)(f) (f) If your new or reconstructed affected source commenced construction or reconstruction between January 13, 2003 and November 12, 2004, and you chose to comply with the proposed emission limits and work practice standards when demonstrating initial compliance, you shall conduct a second compliance demonstration for the promulgated emission limits and work practice standards within 3 years after November 12, 2004 or within 3 years after startup of the affected source, whichever is later.

NR 462.05(1)(g) (g) If your new or reconstructed affected source commences construction or reconstruction after November 12, 2004, you shall demonstrate initial compliance with the promulgated emission limits and work practice standards no later than 180 days after startup of the source.

NR 462.05(2) (2) When must I conduct subsequent performance tests or fuel analyses?

NR 462.05(2)(a) (a) You shall conduct all applicable performance tests according to sub. (3) on an annual basis, unless you follow the requirements listed in pars. (b) to (d). Annual performance tests shall be completed between 10 and 12 months after the previous performance test, unless you follow the requirements listed in pars. (b) to (d).

NR 462.05(2)(b) (b) You may conduct performance tests less often for a given pollutant if your performance tests for the pollutant - particulate matter, HCl, mercury or TSM - for at least 3 consecutive years show that you comply with the emission limit. In this case, you do not have to conduct a performance test for that pollutant for the next 2 years. You shall conduct a performance test during the third year and no more than 36 months after the previous performance test.

NR 462.05(2)(c) (c) If your boiler or process heater continues to meet the emission limit for particulate matter, HCl, mercury or TSM, you may choose to conduct performance tests for these pollutants every third year, but each performance test shall be conducted no more than 36 months after the previous performance test.

NR 462.05(2)(d) (d) If a performance test shows noncompliance with an emission limit for particulate matter, HCl, mercury or TSM, you shall conduct annual performance tests for that pollutant until all performance tests over a consecutive 3-year period show compliance.

NR 462.05(2)(e) (e) If you have an applicable work practice standard for carbon monoxide and your boiler or process heater is in any of the limited use subcategories or has a heat input capacity less than 100 mmBtu per hour, you shall conduct annual performance tests for carbon monoxide according to sub. (3). Each annual performance test shall be conducted between 10 and 12 months after the previous performance test.

NR 462.05(2)(f) (f) You shall conduct a fuel analysis according to sub. (4) for each type of fuel burned no later than 5 years after the previous fuel analysis for each fuel type. If you burn a new type of fuel, you shall conduct a fuel analysis before burning the new type of fuel in your boiler or process heater. You shall still meet all applicable continuous compliance requirements in s. NR 462.06 (2).

NR 462.05(2)(g) (g) You shall report the results of performance tests and fuel analyses to the department within 60 days after the completion of the performance tests or fuel analyses. This report shall also verify that the operating limits for your affected source have not changed or provide documentation of revised operating parameters established according to sub. (7) and Table 7 of this chapter, as applicable. The reports for all subsequent performance tests and fuel analyses shall include all applicable information required in s. NR 462.07 (2).

NR 462.05(3) (3) What performance tests and procedures must I use?

NR 462.05(3)(a) (a) You shall conduct all performance tests according to s. NR 460.06 (2), (3), (5) and (7). You shall also develop a site-specific test plan according to the requirements in s. NR 460.06 (2) if you elect to demonstrate compliance through performance testing.

NR 462.05(3)(b) (b) You shall conduct each performance test according to the requirements in Table 5 of this chapter.

NR 462.05(3)(c) (c) New or reconstructed boilers or process heaters in one of the liquid fuel subcategories that burn only fossil fuels and other gases and do not burn any residual oil shall demonstrate compliance according to s. NR 462.04 (2) (a).

NR 462.05(3)(d) (d) You shall conduct each performance test under the specific conditions listed in Tables 5 and 7 of this chapter. You shall conduct performance tests at the maximum normal operating load while burning the type of fuel or mixture of fuels that have the highest content of chlorine, mercury and total selected metals, and you shall demonstrate initial compliance and establish your operating limits based on these tests. These requirements may result in the need to conduct more than one performance test.

NR 462.05(3)(e) (e) You may not conduct performance tests during periods of startup, shutdown or malfunction.

NR 462.05(3)(f) (f) You shall conduct 3 separate test runs for each performance test required in this subsection, as specified in s. NR 460.06 (4) (c). Each test run shall last at least one hour.