NR 409.06(7)(g) (g) Each violation of a provision of this chapter and 40 CFR parts 72, 73, 75, 77 and 78 and regulations implementing sections 407 and 410 of the act (42 USC 7651f and 7651i) by an affected source or affected unit, or by an owner or operator or designated representative of the source or unit, shall be a separate violation.

NR 409.06(8) (8) Effect on other authorities. No provision of the acid rain program, an acid rain portion of an operation permit application, an acid rain portion of an operation permit or an exemption under s. NR 409.04, 409.05 or 409.055 may be construed as doing any of the following:

NR 409.06(8)(a) (a) Except as expressly provided in title IV of the act (42 USC 7651 to 7651o), exempting or excluding the owners and operators and, to the extent applicable, the designated representative of an affected source or affected unit from compliance with any other provision of the act, including the provisions of title I of the act relating to applicable national ambient air quality standards or state implementation plans.

NR 409.06(8)(b) (b) Limiting the number of allowances a unit can hold; provided, that the number of allowances held by the unit may not affect the source’s obligation to comply with any other provisions of the act.

NR 409.06(8)(c) (c) Requiring a change of any kind in any state law regulating electric utility rates and charges, affecting any state law regarding the state regulation, or limiting the state regulation, including any prudence review requirements under state law.

NR 409.06(8)(d) (d) Modifying the federal power act (16 USC 791a to 828c) or affecting the authority of the federal energy regulatory commission under the federal power act.

NR 409.06(8)(e) (e) Interfering with or impairing any program for competitive bidding for power supply in a state in which the program is established.

NR 409.06 History History: Cr. Register, April, 1995, No. 472, eff. 5-1-95; am. (8) (d), Register, December, 1995, No. 480, eff. 1-1-96; am. (8) (intro.), (d), Register, December, 1996. No. 492, eff. 1-1-97; renum. (5) (b) to be (5) (c), am. (2) (a), (b), (c), (3) (f), (6) (a) 2., (7) (a), (b), (f) and (8) (intro.) and cr. (4) and (5) (b), Register, November, 1999, No. 527, eff. 12-1-99.

NR 409.065 NR 409.065 Nitrogen oxides requirements.

NR 409.065(1) (1) Applicability.

NR 409.065(1)(a) (a) Except as provided in pars. (b) to (c), this section applies to each coal-fired utility unit that is subject to an acid rain emissions limitation or reduction requirement for SO2 under Phase I or Phase II pursuant to section 404, 405 or 409 of the act (42 USC 7651c, 7651d or 7651h).

NR 409.065(1)(b) (b) The emission limitations for NOx under this section apply to each affected coal-fired utility unit subject to section 404(d) or 409(b) of the act on the date the unit is required to meet the acid rain emissions reduction requirement for SO2.

NR 409.065(1)(c) (c) The provisions of this section apply to each coal-fired substitution unit or compensating unit, designated and approved by U.S. EPA as a Phase I unit pursuant to 40 CFR 72.41 or 72.43 as follows:

NR 409.065(1)(c)1. 1. A coal-fired substitution unit that is designated in a substitution plan that is approved by U.S. EPA and active as of January 1, 1995 shall be treated as a Phase I coal-fired utility unit for purposes of this section. In the event the designation of the unit as a substitution unit is terminated after December 31, 1995, pursuant to 40 CFR 72.41 and the unit is no longer required to meet Phase I SO2 emissions limitations, the provisions of this section will continue to apply.

NR 409.065(1)(c)2. 2. A coal-fired substitution unit that is designated in a substitution plan that is not approved by U.S. EPA or not active as of January 1, 1995, or a coal-fired compensating unit, shall be treated as a Phase II coal-fired utility unit for purposes of this section.

NR 409.065(2) (2) Nitrogen oxides emission limitations for group 1, phase 1 boilers.

NR 409.065(2)(a) (a) Beginning January 1, 1996, or for a unit subject to section 404(d) of the act, the date on which the unit is required to meet acid rain emission reduction requirements for SO2, the owner or operator of a Phase I coal-fired utility unit with a tangentially fired boiler or a dry bottom wall-fired boiler, other than units applying cell burner technology, may not discharge, or allow to be discharged, emissions of NOx in excess of the following limits, except as provided in par. (c) or (e) or in sub. (6) or (7):

NR 409.065(2)(a)1. 1. 0.45 pound per million Btu of heat input on an annual average basis for tangentially fired boilers.

NR 409.065(2)(a)2. 2. 0.50 pound per million Btu of heat input on an annual average basis for dry bottom wall-fired boilers other than units applying cell burner technology.

NR 409.065(2)(b) (b) The owner or operator shall determine the annual average NOx emission rate, in pound per million Btu, using the methods and procedures specified in 40 CFR part 75.

NR 409.065(2)(c) (c) Unless the unit meets the early election requirement of sub. (5), the owner or operator of a coal-fired substitution unit with a tangentially fired boiler or a dry bottom wall-fired boiler, other than units applying cell burner technology, that satisfies the requirements of sub. (1) (c) 2., shall comply with the NOx emission limitations that apply to Group 1, Phase II boilers.

NR 409.065(2)(d) (d) The owner or operator of a Phase I unit with a cell burner boiler that converts to a conventional wall-fired boiler on or before January 1, 1995 or, for a unit subject to section 404(d) of the act, the date the unit is required to meet acid rain emissions reduction requirements for SO2 shall comply, by the respective date or January 1, 1996, whichever is later, with the NOx emissions limitation applicable to dry bottom wall-fired boilers under par. (a), except as provided in par. (c) or (e) or in sub. (6) or (7).

NR 409.065(2)(e) (e) The owner or operator of a Phase I unit with a Group 1 boiler that converts to a fluidized bed or other type of utility boiler not included in Group 1 boilers on or before January 1, 1995 or, for a unit subject to section 404(d) of the act, the date the unit is required to meet acid rain emissions reduction requirements for SO2, is exempt from the NOx emissions limitations specified in par. (a), but shall comply with the NOx emission limitations for Group 2 boilers under sub. (3).

NR 409.065(2)(f) (f) Except as provided in sub. (5) and in par. (c), each unit subject to the requirements of this section is not subject to the requirements of sub. (4).

NR 409.065(3) (3) Nitrogen oxides emission limitations for group 2 boilers.

NR 409.065(3)(a) (a) Beginning January 1, 2000 or, for a unit subject to section 409(b) of the act, the date on which the unit is required to meet acid rain emission reduction requirements for SO2, the owner or operator of a Group 2 coal-fired boiler with a cell burner boiler, cyclone boiler, a wet bottom boiler or a vertically fired boiler may not discharge, or allow to be discharged, emissions of NOx to the atmosphere in excess of the following limits, except as provided in sub. (6) or (7):

NR 409.065(3)(a)1. 1. 0.68 pound per million Btu of heat input on an annual average basis for cell burner boilers. The NOx emission control technology on which the emission limitation is based is plug-in combustion controls or non-plug-in combustion controls. Except as provided in sub. (2) (d), the owner or operator of a unit with a cell burner boiler that installs non-plug-in combustion controls after November 15, 1990 shall comply with the emission limitation applicable to cell burner boilers. The owner or operator of a unit with a cell burner that installs non-plug-in combustion controls on or before November 15, 1990 shall comply with the applicable emission limitation for dry bottom wall-fired boilers.

NR 409.065(3)(a)2. 2. 0.86 pound per million Btu of heat input on an annual average basis for cyclone boilers with a maximum continuous steam flow at 100% of load of greater than 1060, in thousands of pounds per hour. The NOx emission control technology on which the emission limitation is based is natural gas reburning or selective catalytic reduction.

NR 409.065(3)(a)3. 3. 0.84 pound per million Btu of heat input on an annual average basis for wet bottom boilers, with a maximum continuous steam flow at 100% of load of greater than 450, in thousands of pounds per hour. The NOx emission control technology on which the emission limitation is based is natural gas reburning or selective catalytic reduction.