NR 409.065(5)(d)3.d. d. If an early election plan is terminated any year prior to 2000, the unit shall meet, beginning January 1, 2000, the applicable emissions limitation for NOx for Phase II units with Group 1 boilers under sub. (4).

NR 409.065(5)(d)3.e. e. If an early election plan is terminated in or after 2000, the unit shall meet, beginning on the effective date of the termination, the applicable emissions limitation for NOx for Phase II units with Group 1 boilers under sub. (4).

NR 409.065(6) (6) Alternative emission limitations.

NR 409.065(6)(a) (a) General provisions. The designated representative of an affected unit that is not an early election unit pursuant to sub. (5) and cannot meet the applicable emission limitation in sub. (2), (3) or (4) using, for Group 1 boilers, either low NOx burner technology or an alternative technology in accordance with par. (e) 11., or, for tangentially-fired boilers, separated overfire air, or, for Group 2 boilers, the technology on which the applicable emission limitation is based may petition the department for an alternative emission limitation less stringent than the applicable emission limitation. In order for the unit to qualify for an alternative emission limitation, the designated representative shall demonstrate that the affected unit cannot meet the applicable emission limitation in sub. (2), (3) or (4) based on a showing, to the satisfaction of U.S. EPA, that all of the following apply:

NR 409.065(6)(a)1. 1. One of the following:

NR 409.065(6)(a)1.a. a. For a tangentially-fired boiler, the owner or operator has either properly installed low NOx burner technology or properly installed separated overfire air.

NR 409.065(6)(a)1.b. b. For a dry bottom wall-fired boiler, other than a unit applying cell burner technology, the owner or operator has properly installed low NOx burner technology.

NR 409.065(6)(a)1.c. c. For a Group 1 boiler, the owner or operator has properly installed an alternative technology, including but not limited to reburning, selective noncatalytic reduction or selective catalytic reduction, that achieves NOx emission reductions demonstrated in accordance with par. (e) 11.

NR 409.065(6)(a)1.d. d. For a Group 2 boiler, the owner or operator has properly installed the appropriate NOx emission control technology on which the applicable emission limitation in sub. (3) is based.

NR 409.065(6)(a)2. 2. The installed NOx emission control system has been designed to meet the applicable emission limitation in sub. (2), (3) or (4).

NR 409.065(6)(a)3. 3. For a demonstration period of at least 15 months or other period of time, as provided in par. (f) 1., all of the following:

NR 409.065(6)(a)3.a. a. The NOx emission control system has been properly installed and properly operated according to specifications and procedures designed to minimize the emissions of NOx to the atmosphere.

NR 409.065(6)(a)3.b. b. Unit operating data as specified in this section show that the unit and NOx emission control system were operated in accordance with the bid and design specifications on which the design of the NOx emission control system was based.

NR 409.065(6)(a)3.c. c. Unit operating data as specified in this section, continuous emission monitoring data obtained pursuant to 40 CFR part 75, and the test data specific to the NOx emission control system show that the unit could not meet the applicable emission limitation in sub. (2), (3) or (4).

NR 409.065(6)(b) (b) Petitioning process. The petitioning process for an alternative emission limitation shall consist of the following steps:

NR 409.065(6)(b)1. 1. The owner or operator establishes, through unit operation during a period of at least 3 months following the installation of the NOx emission control system, that the specific unit and its NOx emission control system were unable to meet the applicable emissions limitation under sub. (2), (3) or (4) while operated in accordance with the design operating conditions and with vendor specifications and procedures.

NR 409.065(6)(b)2. 2. The owner or operator submits a petition for an alternative emission limitation demonstration period as specified in par. (d).

NR 409.065(6)(b)3. 3. The owner or operator demonstrates, during a demonstration period of at least 15 months or other period of time as provided in par. (f) 1., that the specific unit is able to meet neither the applicable emissions limitation under sub. (2), (3) or (4) nor the minimum NOx emissions rate that the specific unit can achieve during long-term load dispatch operation.

NR 409.065(6)(b)4. 4. The owner or operator submits a petition for a final alternative emission limitation as specified in par. (e).

NR 409.065(6)(c) (c) Deadlines.

NR 409.065(6)(c)1. 1. Petition for an alternative emission limitation demonstration period. The designated representative of the unit shall submit a petition for an alternative emission limitation demonstration period to the department after the unit has been operated for at least 3 months after installation of the NOx emission control system required under par. (a) and not later than either of the following:

NR 409.065(6)(c)1.a. a. 120 days after January 1 of the calendar year in which the alternative emission limitation demonstration period is to begin.

NR 409.065(6)(c)1.b. b. 120 days after startup of the NOx emission control system if the unit is not operating at the beginning of that calendar year.

NR 409.065(6)(c)2. 2. Petition for a final alternative emission limitation. Not later than 90 days after the end of an approved alternative emission limitation demonstration period for the unit, the designated representative of the unit may submit a petition for an alternative emission limitation to the department.

NR 409.065(6)(c)3. 3. Renewal of an alternative emission limitation. In order to request continuation of an alternative emission limitation, the designated representative shall submit a petition to renew the alternative emission limitation on the date that the application for renewal of the source’s acid rain portion of an operation permit containing the alternative emission limitation is due.

NR 409.065(6)(d) (d) Contents of petition for an alternative emission limitation demonstration period. The designated representative of an affected unit that has met the minimum criteria under par. (a) and that has been operated for a period of at least 3 months following the installation of the required NOx emission control system may submit to the department a petition for an alternative emission limitation demonstration period. In the petition, the designated representative shall provide all of the following information:

NR 409.065(6)(d)1. 1. Identification of the unit.

NR 409.065(6)(d)2. 2. The type of NOx control technology installed.

NR 409.065 Note Note: NOx control technologies include, but are not limited to, the following: low NOx burner technology, selective noncatalytic reduction, selective catalytic reduction and reburning.