Chapter NR 462

NR 462.06(1) (1) How do I monitor and collect data to demonstrate continuous compliance?

NR 462.06(1)(a) (a) You shall monitor and collect data according to the requirements of this section and the site-specific monitoring plan required by s. NR 462.04 (1) (d).

NR 462.06(1)(b) (b) Except for monitor malfunctions, associated repairs and required quality assurance or control activities, including, as applicable, calibration checks and required zero and span adjustments, you shall monitor continuously, or collect data at all required intervals, at all times that the affected source is operating.

NR 462.06(1)(c) (c) You may not use data recorded during monitoring malfunctions, associated repairs or required quality assurance or control activities in data averages and calculations used to report emission or operating levels. You shall use all the data collected during all other periods in assessing the operation of the control device and associated control system. Boilers and process heaters that have an applicable carbon monoxide work practice standard and are required to install and operate a CEMS may not use data recorded during periods when the boiler or process heater is operating at less than 50% of its rated capacity.

NR 462.06(2) (2) How do I demonstrate continuous compliance with the emission limits and work practice standards?

NR 462.06(2)(a) (a) You shall demonstrate continuous compliance with each emission limit, operating limit and work practice standard in Tables 1 to 4 of this chapter that applies to you according to the methods specified in Table 8 of this chapter and subds. 1. to 10.

NR 462.06(2)(a)1. 1. Following the date on which the initial performance test is completed or is required to be completed under ss. NR 460.06 and 462.05 (1), whichever date comes first, you may not operate above any of the applicable maximum operating limits or below any of the applicable minimum operating limits listed in Tables 2 to 4 of this chapter at all times except during periods of startup, shutdown and malfunction. Operating limits do not apply during performance tests. Operation above the established maximum or below the established minimum operating limits shall constitute a deviation of established operating limits.

NR 462.06(2)(a)2. 2. You shall keep records of the type and amount of all fuels burned in each boiler or process heater during the reporting period to demonstrate that all fuel types and mixtures of fuels burned would either result in lower emissions of TSM, HCl and mercury than the applicable emission limit for each pollutant, if you demonstrate compliance through fuel analysis, or result in lower fuel input of TSM, chlorine and mercury than the maximum values calculated during the last performance tests, if you demonstrate compliance through performance testing.

NR 462.06(2)(a)3. 3. If you demonstrate compliance with an applicable HCl emission limit through fuel analysis and you plan to burn a new type of fuel, you shall recalculate the HCl emission rate using Equation 9 of s. NR 462.05 (7) according to subd. 3. a. to c.

NR 462.06(2)(a)3.a. a. You shall determine the chlorine concentration for any new fuel type in units of pounds per million Btu, based on supplier data or your own fuel analysis, according to the provisions in your site-specific fuel analysis plan developed according to s. NR 462.05 (4) (b).

NR 462.06(2)(a)3.b. b. You shall determine the new mixture of fuels that will have the highest content of chlorine.

NR 462.06(2)(a)3.c. c. Recalculate the HCl emission rate from your boiler or process heater under these new conditions using Equation 9 of s. NR 462.05 (7). The recalculated HCl emission rate shall be less than the applicable emission limit.

NR 462.06(2)(a)4. 4. If you demonstrate compliance with an applicable HCl emission limit through performance testing and you plan to burn a new type of fuel or a new mixture of fuels, you shall recalculate the maximum chlorine input using Equation 5 of s. NR 462.05 (7). If the results of recalculating the maximum chlorine input are higher than the maximum chlorine input level established during the previous performance test, then you shall conduct a new performance test within 60 days of burning the new fuel type or fuel mixture according to the procedures in s. NR 462.05 (3) to demonstrate that the HCl emissions do not exceed the emission limit. You shall also establish new operating limits based on this performance test according to the procedures in s. NR 462.05 (7) (c).

NR 462.06(2)(a)5. 5. If you demonstrate compliance with an applicable TSM emission limit through fuel analysis, and you plan to burn a new type of fuel, you shall recalculate the TSM emission rate using Equation 10 of s. NR 462.05 (7) according to the procedures specified in subd. 5. a. to c.

NR 462.06(2)(a)5.a. a. You shall determine the TSM concentration for any new fuel type in units of pounds per million Btu, based on supplier data or your own fuel analysis, according to the provisions in your site-specific fuel analysis plan developed according to s. NR 462.05 (4) (b).

NR 462.06(2)(a)5.b. b. You shall determine the new mixture of fuels that will have the highest content of TSM.

NR 462.06(2)(a)5.c. c. Recalculate the TSM emission rate from your boiler or process heater under these new conditions using Equation 10 of s. NR 462.05 (7). The recalculated TSM emission rate shall be less than the applicable emission limit.

NR 462.06(2)(a)6. 6. If you demonstrate compliance with an applicable TSM emission limit through performance testing, and you plan to burn a new type of fuel or a new mixture of fuels, you shall recalculate the maximum TSM input using Equation 6 of s. NR 462.05 (7). If the results of recalculating the maximum total selected metals input are higher than the maximum TSM input level established during the previous performance test, then you shall conduct a new performance test within 60 days of burning the new fuel type or fuel mixture according to the procedures in s. NR 462.05 (3) to demonstrate that the TSM emissions do not exceed the emission limit. You shall also establish new operating limits based on this performance test according to the procedures in s. NR 462.05 (7) (c).

NR 462.06(2)(a)7. 7. If you demonstrate compliance with an applicable mercury emission limit through fuel analysis, and you plan to burn a new type of fuel, you shall recalculate the mercury emission rate using Equation 11 of s. NR 462.05 (7) according to the procedures specified in subd. 7. a. to c.

NR 462.06(2)(a)7.a. a. You shall determine the mercury concentration for any new fuel type in units of pounds per million Btu, based on supplier data or your own fuel analysis, according to the provisions in your site-specific fuel analysis plan developed according to s. NR 462.05 (4) (b).

NR 462.06(2)(a)7.b. b. You shall determine the new mixture of fuels that will have the highest content of mercury.

NR 462.06(2)(a)7.c. c. Recalculate the mercury emission rate from your boiler or process heater under these new conditions using Equation 11 of s. NR 462.05 (7). The recalculated mercury emission rate shall be less than the applicable emission limit.

NR 462.06(2)(a)8. 8. If you demonstrate compliance with an applicable mercury emission limit through performance testing, and you plan to burn a new type of fuel or a new mixture of fuels, you shall recalculate the maximum mercury input using Equation 7 of s. NR 462.05 (7). If the results of recalculating the maximum mercury input are higher than the maximum mercury input level established during the previous performance test, then you shall conduct a new performance test within 60 days of burning the new fuel type or fuel mixture according to the procedures in s. NR 462.05 (3) to demonstrate that the mercury emissions do not exceed the emission limit. You shall also establish new operating limits based on this performance test according to the procedures in s. NR 462.05 (7) (c).

NR 462.06(2)(a)9. 9. If your unit is controlled with a fabric filter, and you demonstrate continuous compliance using a bag leak detection system, you shall initiate corrective action within one hour of a bag leak detection system alarm and complete corrective actions according to your SSMP and operate and maintain the fabric filter system such that the alarm does not sound more than 5% of the operating time during a 6-month period. You shall also keep records of the date, time and duration of each alarm, the time corrective action was initiated and completed and a brief description of the cause of the alarm and the corrective action taken. You shall also record the percent of the operating time during each 6-month period that the alarm sounds. In calculating this operating time percentage, if inspection of the fabric filter demonstrates that no corrective action is required, no alarm time is counted. If corrective action is required, each alarm shall be counted as a minimum of one hour. If you take longer than one hour to initiate corrective action, the alarm time shall be counted as the actual amount of time taken to initiate corrective action.

NR 462.06(2)(a)10. 10. If you have an applicable work practice standard for carbon monoxide, and you are required to install a CEMS according to s. NR 462.05 (6) (a), then you shall meet the requirements in subd. 10. a. to c.

NR 462.06(2)(a)10.a. a. You shall continuously monitor carbon monoxide according to s. NR 462.05 (6) (a) and sub. (1).

NR 462.06(2)(a)10.b. b. Maintain a carbon monoxide emission level below your applicable carbon monoxide work practice standard in Table 1 of this chapter at all times except during periods of startup, shutdown, malfunction and when your boiler or process heater is operating at less than 50% of rated capacity.

NR 462.06(2)(a)10.c. c. Keep records of carbon monoxide levels according to s. NR 462.07 (3) (b).

NR 462.06(2)(b) (b) You shall report each instance in which you did not meet each emission limit, operating limit and work practice standard in Tables 1 to 4 of this chapter that applies to you. You shall also report each instance during a startup, shutdown or malfunction when you did not meet each applicable emission limit, operating limit and work practice standard. These instances are deviations from the emission limits and work practice standards in this chapter. These deviations shall be reported according to the requirements in s. NR 462.07 (2).

NR 462.06(2)(c) (c) During periods of startup, shutdown and malfunction, you shall operate in accordance with the SSMP as required in s. NR 462.04 (1) (e).

NR 462.06(2)(d) (d) Consistent with ss. NR 460.05 (4) and 460.06 (4) (a), deviations that occur during a period of startup, shutdown or malfunction are not violations if you demonstrate to the department’s satisfaction that you were operating in accordance with your SSMP. The department will determine whether deviations that occur during a period of startup, shutdown or malfunction are violations, according to the provisions in s. NR 460.05 (4).

NR 462.06(3) (3) How do I demonstrate continuous compliance under the emission averaging provisions?

NR 462.06(3)(a) (a) Following the compliance date, an owner or operator following the emission averaging provisions shall demonstrate compliance with this chapter on a continuous basis by meeting all the requirements of subds. 1. to 4.

NR 462.06(3)(a)1. 1. For each calendar month, demonstrate compliance with the average weighted emissions limit for the existing large solid fuel boilers participating in the emissions averaging option as determined in s. NR 462.05 (5) (f) and (g).

NR 462.06(3)(a)2. 2. For each existing solid fuel boiler participating in the emissions averaging option that is equipped with a dry control system, maintain opacity at or below the applicable limit.

NR 462.06(3)(a)3. 3. For each existing solid fuel boiler participating in the emissions averaging option that is equipped with a wet scrubber, maintain the 3-hour average parameter values at or below the operating limits established during the most recent performance test.

NR 462.06(3)(a)4. 4. For each existing solid fuel boiler participating in the emissions averaging option that has an approved alternative operating plan, maintain the 3-hour average parameter values at or below the operating limits established in the most recent performance test.

NR 462.06(3)(b) (b) Any instance where the owner or operator fails to comply with the continuous monitoring requirements in par. (a), except during periods of startup, shutdown and malfunction, is a deviation.

NR 462.06 History History: CR 05-116: cr. Register November 2006 No. 611, eff. 12-1-06.

NR 462.07 NR 462.07 Notifications, reports and records.

NR 462.07(1) (1) What notifications must I submit and when?

NR 462.07(1)(a) (a) You shall submit all of the notifications in ss. NR 460.06 (2), 460.07 (5), (6) (c) and (e) and 460.08 (2) to (8) that apply to you by the dates specified.

NR 462.07(1)(b) (b) As specified in s. NR 460.08 (2) (b), if you start up your affected source before November 12, 2004, you shall submit an initial notification not later than 120 days after November 12, 2004. The initial notification shall include the information required in subds. 1. and 2., as applicable.

NR 462.07(1)(b)1. 1. If your affected source has an annual capacity factor of greater than 10%, your initial notification shall include the information required by s. NR 460.08 (2) (b).

NR 462.07(1)(b)2. 2. If your affected source has a federally enforceable permit that limits the annual capacity factor to less than or equal to 10% such that the unit is in one of the limited use subcategories, as defined in s. NR 462.02 (27) to (29), your initial notification shall include the information required by s. NR 460.08 (2) (b), and a signed statement indicating that your affected source has a federally enforceable permit that limits the annual capacity factor to less than or equal to 10%.

NR 462.07(1)(c) (c) As specified in s. NR 460.08 (2) (d) and (e), if you start up your new or reconstructed affected source on or after November 12, 2004, you shall submit an initial notification not later than 15 days after the actual date of startup of the affected source.

NR 462.07(1)(d) (d) If you are required to conduct a performance test, you shall submit a notification of intent to conduct a performance test at least 30 days before the performance test is scheduled to begin.

NR 462.07(1)(e) (e) If you are required to conduct an initial compliance demonstration as specified in s. NR 462.05 (7) (a), you shall submit a notification of compliance status according to s. NR 460.08 (8) (b) 2. For each initial compliance demonstration, you shall submit the notification of compliance status, including all performance test results and fuel analyses, before the close of business on the 60th day following the completion of the performance test and other initial compliance demonstrations according to s. NR 460.09 (4) (b). The notification of compliance status report shall contain all the information specified in subds. 1. to 9., as applicable.

NR 462.07(1)(e)1. 1. A description of the affected source, including identification of which subcategory the source is in, the capacity of the source, a description of the add-on controls used on the source, a description of the fuels burned and justification for the fuels burned during the performance test.

NR 462.07(1)(e)2. 2. A summary of the results of all performance tests, fuel analyses and calculations conducted to demonstrate initial compliance, including all established operating limits.

NR 462.07(1)(e)3. 3. Identification of whether you are complying with the particulate matter emission limit or the alternative total selected metals emission limit.

NR 462.07(1)(e)4. 4. Identification of whether you plan to demonstrate compliance with each applicable emission limit through performance testing or fuel analysis.

NR 462.07(1)(e)5. 5. Identification of whether you plan to demonstrate compliance by emissions averaging.

NR 462.07(1)(e)6. 6. A signed certification that you have met all applicable emission limits and work practice standards.

NR 462.07(1)(e)7. 7. A summary of carbon monoxide emissions monitoring data and the maximum carbon monoxide emission levels recorded during the performance test to show that you have met any applicable work practice standard in Table 1 of this chapter.

NR 462.07(1)(e)8. 8. If your new or reconstructed boiler or process heater is in one of the liquid fuel subcategories and burns only liquid fossil fuels other than residual oil either alone or in combination with gaseous fuels, you shall submit a signed statement certifying this in your notification of compliance status report.

NR 462.07(1)(e)9. 9. If you had a deviation from any emission limit or work practice standard, you shall also submit a description of the deviation, the duration of the deviation and the corrective action taken in the notification of compliance status report.

NR 462.07(2) (2) What reports must I submit and when?

NR 462.07(2)(a) (a) You shall submit each report in Table 9 of this chapter that applies to you.

NR 462.07(2)(b) (b) Unless the department has approved a different schedule for submission of reports under s. NR 460.09 (1), you shall submit each report by the date in Table 9 of this chapter and according to the requirements in subds. 1. to 5.

NR 462.07(2)(b)1. 1. The first compliance report shall cover the period beginning on the compliance date that is specified for your affected source in s. NR 462.01 (5) and ending on June 30 or December 31, whichever date is the first date that occurs at least 180 days after the compliance date specified for your source in s. NR 462.01 (5).

NR 462.07(2)(b)2. 2. The first compliance report shall be postmarked or delivered no later than July 31 or January 31, whichever date is the first date following the end of the first calendar half after the compliance date that is specified for your source in s. NR 462.01 (5).

NR 462.07(2)(b)3. 3. Each subsequent compliance report shall cover the semiannual reporting period from January 1 through June 30 or the semiannual reporting period from July 1 through December 31.

NR 462.07(2)(b)4. 4. Each subsequent compliance report shall be postmarked or delivered no later than July 31 or January 31, whichever date is the first date following the end of the semiannual reporting period.

NR 462.07(2)(b)5. 5. For each affected source that is subject to permitting regulations pursuant to ch. NR 407 or 40 CFR part 71, and if the department has established dates for submitting semiannual reports pursuant to s. NR 407.09 (1) (c) 3. a. or 40 CFR 71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance reports according to the dates the department has established instead of according to the dates in subds. 1. to 4.

NR 462.07(2)(c) (c) The compliance report shall contain the information required in subds. 1. to 11.

NR 462.07(2)(c)1. 1. Company name and address.

NR 462.07(2)(c)2. 2. A statement by a responsible official with that official’s name, title and signature, certifying the truth, accuracy and completeness of the content of the report.

NR 462.07(2)(c)3. 3. Date of the report and beginning and ending dates of the reporting period.

NR 462.07(2)(c)4. 4. The total fuel use by each affected source subject to an emission limit for each calendar month within the semiannual reporting period, including a description of the fuel and the total amount of fuel used with units of measure.

NR 462.07(2)(c)5. 5. A summary of the results of the annual performance tests and documentation of any operating limits that were reestablished during this test, if applicable.

NR 462.07(2)(c)6. 6. A signed statement indicating that you burned no new types of fuel. Or, if you did burn a new type of fuel, you shall do all of the following:

NR 462.07(2)(c)6.a. a. For sources that demonstrate compliance through performance testing, submit the calculation of chlorine input, using Equation 5 of s. NR 462.05 (7), that demonstrates that your source is still within its maximum chlorine input level established during the previous performance testing. For boilers or process heaters that demonstrate compliance through fuel analysis, submit the calculation of HCl emission rate, using Equation 9 of s. NR 462.05 (7), that demonstrates that your source is still meeting the emission limit for HCl emissions.

NR 462.07(2)(c)6.b. b. For sources that demonstrate compliance through performance testing, submit the calculation of TSM input, using Equation 6 of s. NR 462.05 (7), that demonstrates that your source is still within its maximum TSM input level established during the previous performance testing. For boilers or process heaters that demonstrate compliance through fuel analysis, submit the calculation of TSM emission rate using Equation 10 of s. NR 462.05 (7) that demonstrates that your source is still meeting the emission limit for TSM emissions.

NR 462.07(2)(c)6.c. c. For sources that demonstrate compliance through performance testing, submit the calculation of mercury input, using Equation 7 of s. NR 462.05 (7), that demonstrates that your source is still within its maximum mercury input level established during the previous performance testing. For boilers or process heaters that demonstrate compliance through fuel analysis, submit the calculation of mercury emission rate using Equation 11 of s. NR 462.05 (7) that demonstrates that your source is still meeting the emission limit for mercury emissions.

NR 462.07(2)(c)7. 7. If you wish to burn a new type of fuel, and you cannot demonstrate compliance with the maximum chlorine input operating limit using Equation 5 of s. NR 462.05 (7), the maximum TSM input operating limit using Equation 6 of s. NR 462.05 (7) or the maximum mercury input operating limit using Equation 7 of s. NR 462.05 (7), a statement indicating the intent to conduct a new performance test within 60 days of starting to burn the new fuel.

NR 462.07(2)(c)8. 8. The hours of operation for each boiler and process heater that is subject to an emission limit for each calendar month within the semiannual reporting period. This requirement applies only to limited use boilers and process heaters.

NR 462.07(2)(c)9. 9. If you had a startup, shutdown or malfunction during the reporting period, and you took actions consistent with your SSMP, the information in s. NR 460.09 (4) (e) 1.

NR 462.07(2)(c)10. 10. If there are no deviations from any emission limits or operating limits in this chapter that apply to you, and there are no deviations from the requirements for work practice standards in this chapter, a statement that there were no deviations from the emission limits, operating limits or work practice standards during the reporting period.

NR 462.07(2)(c)11. 11. If there were no periods during which the continuous monitoring systems (CMS), including CEMS, COMS and CPMS, were out of control as specified in s. NR 460.07 (3) (g), a statement that there were no periods during which the CMS were out of control during the reporting period.

NR 462.07(2)(d) (d) For each deviation from an emission limit or operating limit in this chapter and for each deviation from the requirements for work practice standards in this chapter that occurs at an affected source where you are not using a CMS to comply with that emission limit, operating limit or work practice standard, the compliance report shall contain the information in par. (c) 1. to 10. and the information in subds. 1. to 4. This includes periods of startup, shutdown and malfunction.

NR 462.07(2)(d)1. 1. The total operating time of each affected source during the reporting period.

NR 462.07(2)(d)2. 2. A description of the deviation and which emission limit, operating limit or work practice standard from which you deviated.

NR 462.07(2)(d)3. 3. Information on the number, duration and cause of deviations, including unknown cause, as applicable, and the corrective action taken.

NR 462.07(2)(d)4. 4. A copy of the test report if the annual performance test showed a deviation from the emission limit for particulate matter or the alternative TSM limit, a deviation from the HCl emission limit or a deviation from the mercury emission limit.

NR 462.07(2)(e) (e) For each deviation from an emission limitation, operating limit or work practice standard in this chapter occurring at an affected source where you are using a CMS to comply with that emission limit, operating limit or work practice standard, you shall include the information in par. (c) 1. to 10. and the information required in subds. 1. to 12. This includes periods of startup, shutdown and malfunction and any deviations from your site-specific monitoring plan as required in s. NR 462.04 (1) (d).

NR 462.07(2)(e)1. 1. The date and time that each malfunction started and stopped and a description of the nature of the deviation, i.e., what you deviated from.

NR 462.07(2)(e)2. 2. The date and time that each CMS was inoperative, except for zero (low-level) and high-level checks.

NR 462.07(2)(e)3. 3. The date, time and duration that each CMS was out of control, including the information in s. NR 460.07 (3) (h).