Section 409.065. Nitrogen oxides requirements.

 

(1)   Applicability.

(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 SO 2 under Phase I or Phase II pursuant to section 404, 405 or 409 of the act ( 42 USC 7651c , 7651d or 7651h ).

(b) The emission limitations for NO x 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 SO 2 .

(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:

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 SO 2 emissions limitations, the provisions of this section will continue to apply.

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.

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

(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 SO 2 , 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 NO x in excess of the following limits, except as provided in par. (c) or (e) or in sub. (6) or (7) :

1. 0.45 pound per million Btu of heat input on an annual average basis for tangentially fired boilers.

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.

(b) The owner or operator shall determine the annual average NO x emission rate, in pound per million Btu, using the methods and procedures specified in 40 CFR part 75 .

(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 NO x emission limitations that apply to Group 1, Phase II boilers.

(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 SO 2 shall comply, by the respective date or January 1, 1996, whichever is later, with the NO x 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) .

(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 SO 2, is exempt from the NO x emissions limitations specified in par. (a) , but shall comply with the NO x emission limitations for Group 2 boilers under sub. (3) .

(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) .

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

(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 SO 2 , 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 NO x to the atmosphere in excess of the following limits, except as provided in sub. (6) or (7) :

1. 0.68 pound per million Btu of heat input on an annual average basis for cell burner boilers. The NO x 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.

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 NO x emission control technology on which the emission limitation is based is natural gas reburning or selective catalytic reduction.

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 NO x emission control technology on which the emission limitation is based is natural gas reburning or selective catalytic reduction.

4. 0.80 pound per million Btu of heat input on an annual average basis for vertically-fired boilers. The NO x emission control technology on which the emission limitation is based is combustion controls.

(b) The owner or operator shall determine the annual average NO x emission rate, in pounds per million Btu, using the methods and procedures specified in 40 CFR part 75 .

(4)   Nitrogen oxides emission limitations for group 1, phase ii boilers.

(a) Beginning January 1, 2000, the owner or operator of a Group 1, Phase II coal-fired utility unit with a tangentially-fired boiler or a dry bottom wall-fired boiler may not discharge, or allow to be discharged, emissions of NO x to the atmosphere in excess of the following limits, except as provided in sub. (5) , (6) or (7) :

1. 0.40 pound per million Btu of heat input on an annual average basis for tangentially-fired boilers.

2. 0.46 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.

(b) The owner or operator shall determine the annual average NO x emission rate, in pounds per million Btu, using the methods and procedures specified in 40 CFR part 75 .

(5)   Early election for group 1, phase ii boilers.

(a) General provisions.

1. The owner or operator of a Phase II coal-fired utility unit with a Group 1 boiler may elect to have the unit become subject to the applicable emissions limitation for NO x under sub. (2) , starting no later than January 1, 1997.

2. The owner or operator of a Phase II coal-fired utility unit with a Group 1 boiler that elects to become subject to the applicable emission limitation under sub. (2) may not be subject to sub. (4) until January 1, 2008, provided the designated representative demonstrates that the unit is in compliance with the limitation under sub. (2) , using the methods and procedures specified in 40 CFR part 75 , for the period beginning January 1 of the year in which the early election takes effect, but not later than January 1, 1997, and ending December 31, 2007.

3. The owner or operator of any Phase II unit with a cell burner boiler that converts to conventional burner technology may elect to become subject to the applicable emissions limitation under sub. (2) for dry bottom wall-fired boilers, provided the owner or operator complies with the provisions in subd. 2.

4. The owner or operator of a Phase II unit approved for early election may not submit an application for an alternative emissions limitation demonstration period under sub. (6) until the earlier of the following:

a. January 1, 2008.

b. Early election is terminated pursuant to par. (d) 3.

5. The owner or operator of a Phase II unit approved for early election may not incorporate the unit into an averaging plan prior to January 1, 2000. On or after January 1, 2000, for purposes of the averaging plan, the early election unit will be treated as subject to the applicable emissions limitation for NO x for Phase II units with Group 1 boilers under sub. (4) .

(b) Submission of plan. In order to obtain early election status, the designated representative of a Phase II unit with a Group 1 boiler shall have submitted an early election plan to U.S. EPA by January 1, 1997, and U.S. EPA shall have approved the plan.

(c) Department's action. Beginning January 1, 2000, the department shall approve any early election plan previously approved by U.S. EPA during Phase I, unless the plan is terminated pursuant to par. (d) 3.

(d) Special provisions.

1. Nitrogen oxides. A unit that is governed by an approved early election plan shall be subject to an emissions limitation for NO x as provided under par. (a) 2. except as provided under subd. 3. c.

2. Liability. The owners and operators of a unit governed by an approved early election plan shall be liable for any violation of the plan or this section at that unit. The owners and operators shall be liable, beginning January 1, 2000, for fulfilling the obligations specified in 40 CFR part 77 .

3. Termination.

a. An approved early election plan shall be in effect only until the earlier of January 1, 2008 or January 1 of the calendar year for which a termination of the plan takes effect.

b. If the designated representative of the unit under an approved early election plan fails to demonstrate compliance with the applicable emissions limitation under sub. (2) for any year during the period beginning January 1 of the first year the early election takes effect and ending December 31, 2007, the department shall terminate the plan. The termination shall take effect beginning January 1 of the year after the year for which there is a failure to demonstrate compliance, and the designated representative may not submit a new early election plan.

c. The designated representative of the unit under an approved early election plan may terminate the plan any year prior to 2008 but may not submit a new early election plan. In order to terminate the plan, the designated representative shall submit a notice under s. NR 409.09 (1) (d) by January 1 of the year for which the termination is to take effect.

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 NO x for Phase II units with Group 1 boilers under sub. (4) .

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 NO x for Phase II units with Group 1 boilers under sub. (4) .

(6)   Alternative emission limitations.

(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 NO x 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:

1. One of the following:

a. For a tangentially-fired boiler, the owner or operator has either properly installed low NO x burner technology or properly installed separated overfire air.

b. For a dry bottom wall-fired boiler, other than a unit applying cell burner technology, the owner or operator has properly installed low NO x burner technology.

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 NO x emission reductions demonstrated in accordance with par. (e) 11.

d. For a Group 2 boiler, the owner or operator has properly installed the appropriate NO x emission control technology on which the applicable emission limitation in sub. (3) is based.

2. The installed NO x emission control system has been designed to meet the applicable emission limitation in sub. (2) , (3) or (4) .

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:

a. The NO x emission control system has been properly installed and properly operated according to specifications and procedures designed to minimize the emissions of NO x to the atmosphere.

b. Unit operating data as specified in this section show that the unit and NO x emission control system were operated in accordance with the bid and design specifications on which the design of the NO x emission control system was based.

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 NO x emission control system show that the unit could not meet the applicable emission limitation in sub. (2) , (3) or (4) .

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

1. The owner or operator establishes, through unit operation during a period of at least 3 months following the installation of the NO x emission control system, that the specific unit and its NO x 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.

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

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 NO x emissions rate that the specific unit can achieve during long-term load dispatch operation.

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

(c) Deadlines.

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 NO x emission control system required under par. (a) and not later than either of the following:

a. 120 days after January 1 of the calendar year in which the alternative emission limitation demonstration period is to begin.

b. 120 days after startup of the NO x emission control system if the unit is not operating at the beginning of that calendar year.

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.

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.

(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 NO x 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:

1. Identification of the unit.

2. The type of NO x control technology installed.

3. If an alternative technology is installed, the time period, not less than 6 consecutive months, prior to installation of the technology to be used for the demonstration required in par. (e) 11.

4. Documentation as set forth in sub. (9) (b) showing that the installed NO x emission control system has been designed to meet the applicable emission limitation in sub. (2) , (3) or (4) and that the system has been properly installed according to procedures and specifications designed to minimize the emissions of NO x to the atmosphere.

5. The date the unit commenced operation following the installation of the NO x emission control system or the date the specific unit became subject to the emission limitations of sub. (2) , (3) or (4) , whichever is later.

6. The dates of the operating period, which shall be at least 3 months long.

7. Certification by the designated representative that the owner or owners or operator operated the unit and the NO x emission control system during the operating period in accordance with all of the following:

a. Specifications and procedures designed to achieve the maximum NO x reduction possible with the installed NO x emission control system or the applicable emission limitation in sub. (2) , (3) or (4) .

b. The operating conditions upon which the design of the NO x emission control system was based.

c. Vendor specifications and procedures.

8. A brief statement describing the reason or reasons why the unit cannot achieve the applicable emission limitation in sub. (2) , (3) or (4) .

9. A demonstration period plan, as set forth in sub. (9) (c) .

10. Unit operating data and quality-assured continuous emission monitoring data, including the specific data items listed in sub. (9) (d) , collected in accordance with 40 CFR part 75 during the operating period and demonstrating the inability of the specific unit to meet the applicable emission limitation in sub. (2) , (3) or (4) on an annual average basis while operating as certified under subd. 7.

11. An interim alternative emission limitation, in pounds per million Btu, that the unit can achieve during a demonstration period of at least 15 months. The interim alternative emission limitation shall be derived from the data specified in subd. 10. using methods and procedures satisfactory to U.S. EPA.

12. The proposed dates of the demonstration period, which shall be at least 15 months long.

13. A report which outlines the testing and procedures to be taken during the demonstration period in order to determine the maximum NO x emission reduction obtainable with the installed system. The report shall include the reasons for the NO x emission control system's failure to meet the applicable emission limitation, and the tests and procedures that will be followed to optimize the NO x emission control system's performance. Tests and procedures may include those identified in s. NR 439.098 as appropriate.

14. The special provisions at par. (g) 1.

(e) Contents of petition for a final alternative emission limitation. After the approved demonstration period, the designated representative of the unit may petition the department for an alternative emission limitation. The petition shall include all of the following elements:

1. Identification of the unit.

2. Certification that the owner or owners or operator operated the affected unit and the NO x emission control system during the demonstration period in accordance with all of the following:

a. Specifications and procedures designed to achieve the maximum NO x reduction possible with the installed NO x emission control system or the applicable emissions limitation in sub. (2) , (3) or (4) .

b. The operating conditions including load dispatch conditions upon which the design of the NO x emission control system was based.

c. Vendor specifications and procedures.

3. Certification that the owner or owners or operator have installed in the affected unit all NO x emission control systems, made any operational modifications, and completed any planned upgrades and maintenance to equipment specified in the approved demonstration period plan for optimizing NO x emission reduction performance, consistent with the demonstration period plan and the proper operation of the installed NO x emission control system. The certification shall explain any differences between the installed NO x emission control system and the equipment configuration described in the approved demonstration period plan.

4. A clear description of each step or modification taken during the demonstration period to improve or optimize the performance of the installed NO x emission control system.

5. Engineering design calculations and drawings that show the technical specifications for installation of any additional operational or emission control modifications installed during the demonstration period.

6. Unit operating and quality-assured continuous emission monitoring data, including the specific data listed in sub. (9) (e) , collected in accordance with 40 CFR part 75 during the demonstration period and demonstrating the inability of the specific unit to meet the applicable emission limitation in sub. (2) , (3) or (4) on an annual average basis while operating in accordance with the certification under subd. 2.

7. A report, based on the parametric test requirements in the approved demonstration period plan as identified in par. (d) 13. , that demonstrates the unit was operated in accordance with the operating conditions upon which the design of the NO x emission control system was based and describes the reason or reasons for the failure of the installed NO x emission control system to meet the applicable emission limitation in sub. (2) , (3) or (4) on an annual-average basis.

8. The minimum NO x emission rate, in pounds per million Btu, that the affected unit can achieve on an annual average basis with the installed NO x emission control system. This value, which shall be the requested alternative emission limitation, shall be derived from the data specified in this section using methods and procedures satisfactory to U.S. EPA and shall be the lowest annual emission rate the unit can achieve with the installed NO x emission control system.

9. All supporting data and calculations documenting the determination of the requested alternative emission limitation and its conformance with the methods and procedures satisfactory to U.S. EPA.

10. The special provisions in par. (g) 2.

11. In addition to the other requirements of this section, the owner or operator of an affected unit with a Group 1 boiler that has installed an alternative technology, in addition to or in lieu of low NO x burner technology, and cannot meet the applicable emission limitation in sub. (2) shall demonstrate, to the satisfaction of U.S. EPA, that the actual percentage reduction in NO x emissions (pounds per million Btu), on an annual average basis is greater than 65% of the average annual NO x emissions prior to the installation of the NO x emission control system. The percentage reduction in NO x emissions shall be determined using continuous emissions monitoring data for NO x taken during the time period, under par. (d) 3. , prior to the installation of the NO x emission control system and during long-term load dispatch operation of the specific boiler.

(f) Department's action.

1. Alternative emission limitation demonstration period.

a. The department may approve an alternative emission limitation demonstration period and demonstration period plan, provided that the requirements of this section are met to the satisfaction of the department. The department shall disapprove a demonstration period if the requirements of par. (a) were not met during the operating period.

b. If the demonstration period is approved, the department shall include, as part of the demonstration period, the 4-month period prior to submission of the application in the demonstration period.

c. During the alternative emission limitation demonstration period, a unit may emit at a rate not greater than the interim alternative emission limitation on or after the applicable date established in sub. (3) or (4) and until the date that U.S. EPA approves or denies a final alternative emission limitation.

d. After an alternative emission limitation demonstration period is approved, if the designated representative requests an extension of the demonstration period in accordance with par. (g) 1. b. , the department may extend the demonstration period by administrative revision under s. NR 409.12 (4) to the acid rain portion of an operation permit.

e. The department shall deny the demonstration period if the designated representative cannot demonstrate that the unit met the requirements of par. (a) during the operating period. In those cases, the department shall require that the owner or operator operate the unit in compliance with the applicable emission limitation in sub. (2) , (3) or (4) for the period preceding the submission of the application for an alternative emission limitation demonstration period, including the operating period, if the periods are after the date on which the unit is subject to the standard limit under sub. (2) , (3) or (4) .

2. Alternative emission limitation.

a. If the department determines that the requirements in this subsection are met, the department shall approve an alternative emission limitation and issue or revise an acid rain portion of an operation permit to apply the approved limitation, in accordance with s. NR 409.11 . The permit shall authorize the unit to emit at a rate not greater than the approved alternative emission limitation, starting the date the department revises an acid rain portion of an operation permit to approve an alternative emission limitation.

b. If the department disapproves an alternative emission limitation under subd. 2. a. , the owner or operator shall operate the affected unit in compliance with the applicable emission limitation in sub. (2) , (3) or (4) , unless the unit is participating in an approved averaging plan under sub. (7) , beginning on the date the department revises an acid rain portion of an operation permit to disapprove an alternative emission limitation.

3. Alternative emission limitation renewal.

a. If, upon review of a petition to renew an approved alternative emission limitation, the department determines that no changes have been made to the control technology, its operation, the operating conditions on which the alternative emission limitation was based or the actual NO x emission rate, the alternative emission limitation shall be renewed.

b. If the department determines that changes have been made to either the control technology, its operation, the fuel quality or the operating conditions on which the alternative emission limitation was based, the designated representative shall submit, in order to renew the alternative emission limitation or to obtain a new alternative emission limitation, a petition for an alternative emission limitation demonstration period that meets the requirements of par. (d) using a new demonstration period.

(g) Special provisions.

1. Alternative emission limitation demonstration period.

a. Each unit with an approved alternative emission limitation demonstration period shall comply with the interim emission limitation specified in the unit's permit beginning on the effective date of the demonstration period specified in the permit and, if a timely petition for a final alternative emission limitation is submitted, extending until the date on which the department issues or revises an acid rain portion of an operation permit to approve or disapprove an alternative emission limitation. If a timely petition is not submitted, then the unit shall comply with the standard emission limit under sub. (2) , (3) or (4) beginning on the date the petition was required to be submitted under par. (c) 2.

b. When the owner or operator identifies, during the demonstration period, boiler or NO x emission control system operating modifications or upgrades that would produce further NO x emission reductions, enabling the affected unit to comply with or bring its emission rate closer to the applicable emissions limitation under sub. (2) , (3) or (4) , the designated representative may submit a request and the department may grant, by administrative revision under s. NR 409.12 (4) , an extension of the demonstration period for a period of time not to exceed 12 months as may be necessary to implement the modifications or upgrades.

c. If the approved interim alternative emission limitation applies to a unit for part, but not all, of a calendar year, the unit shall determine compliance for the calendar year in accordance with the procedures in sub. (8) (a) .

d. A unit with an approved alternative emission limitation demonstration period shall be operated under load dispatch conditions consistent with the operating conditions upon which the design of the NO x emission control system and performance guarantee were based, and in accordance with the demonstration period plan.

e. A unit with an approved alternative emission limitation demonstration period shall install all NO x emission control systems, make any operational modifications, and complete any upgrades and maintenance to equipment specified in the approved demonstration period plan for optimizing NO x emission reduction performance.

f. When the owner or operator identifies boiler or NO x emission control system operating modifications or upgrades that would produce further NO x emission reductions, enabling the affected unit to comply with or bring its emission rate closer to the applicable emission limitation under sub. (2) , (3) or (4) , the designated representative may submit a request and the department may grant, by administrative revision under s. NR 409.12 (4) , a revision to the unit's acid rain portion of an operation permit and demonstration period plan to include the modifications or upgrades.

g. A unit with an approved alternative emission limitation demonstration period shall monitor in accordance with 40 CFR part 75 and shall conduct all tests required under the approved demonstration period plan.

2. Final alternative emission limitation.

a. Each unit with an approved alternative emission limitation shall comply with the alternative emission limitation specified in the unit's permit beginning on the date specified in the permit as issued or revised by the department to apply the final alternative emission limitation.

b. If the approved interim or final alternative emission limitation applies to a unit for part, but not all, of a calendar year, the unit shall determine compliance for the calendar year in accordance with the procedures in sub. (8) (a) .

(7)   Emissions averaging.

(a) General provisions.

1. In lieu of complying with the applicable emission limitation in sub. (2) , (3) or (4) , any affected units subject to such emission limitation, under control of the same owner or operator, and having the same designated representative may average their NO x emissions under an averaging plan approved under this subsection.

2. Each affected unit included in an averaging plan for Phase II shall be a boiler subject to an emission limitation in sub. (2) , (3) or (4) for all years for which the unit is included in the plan.

3. Each unit included in an averaging plan shall have an alternative contemporaneous annual emission limitation (pounds per million Btu) and can only be included in one averaging plan.

4. Each unit included in an averaging plan shall have a minimum allowable annual heat input value (million Btu), if it has an alternative contemporaneous annual emission limitation more stringent than that unit's applicable emission limitation under sub. (2) , (3) or (4) , and a maximum allowable annual heat input value, if it has an alternative contemporaneous annual emission limitation less stringent than that unit's applicable emission limitation under sub. (2) , (3) or (4) .

5. The Btu-weighted annual average emission rate for the units in an averaging plan shall be less than or equal to the Btu-weighted annual average emission rate for the same units had they each been operated, during the same period of time, in compliance with the applicable emission limitations in sub. (2) , (3) or (4) .

6. In order to demonstrate that the proposed plan is consistent with par. (a) 4. , the alternative contemporaneous annual emission limitations and annual heat input values assigned to the units in the proposed averaging plan shall meet the following requirement:

7. No unit may be included in more than one averaging plan.

(b) Submission requirements.

1. The designated representative of a unit meeting the requirements of par. (a) 1. and 7. may submit an averaging plan or a revision to an approved averaging plan to the department and any other applicable permitting authorities at any time up to and including January 1 (or July 1, if the plan is restricted to only units located within the department's jurisdiction) of the calendar year for which the averaging plan is to become effective.

2. The designated representative shall submit a copy of the same averaging plan, or the same revision to an approved averaging plan, to any other permitting authority with jurisdiction over a unit in the plan, and to U.S. EPA.

3. When an averaging plan or a revision to an approved averaging plan is not approved, the owner or operator of each unit in the plan shall operate the unit in compliance with the emission limitation that would apply in the absence of the averaging plan or revision to a plan.

(c) Contents of NO x averaging plan. A complete NO x averaging plan shall include all of the following elements:

1. Identification of each unit in the plan.

2. Each unit's applicable emission limitation in sub. (2) , (3) or (4) .

3. The alternative contemporaneous annual emission limitation for each unit (in pounds per million Btu). If any of the units identified in the NO x averaging plan utilize a common stack pursuant to 40 CFR 75.17 (a)(2)(i)(B), the same alternative contemporaneous emission limitation shall be assigned to each unit and different heat input limits may be assigned.

4. The annual heat input limit for each unit (in million Btu).

5. The calculation for Equation 1 in par. (a) 5.

6. The calendar years for which the plan will be in effect.

7. The special provisions in par. (d) .

(d) Special provisions.

1. Emission limitations. Except as provided as in subd. 2. , each affected unit in an approved averaging plan is in compliance with the acid rain emission limitation for NO x under the plan if all of the following requirements are met:

a. For each unit, the unit's actual annual average emission rate for the calendar year, in pounds per million Btu, is less than or equal to its alternative contemporaneous annual emission limitation in the averaging plan.

b. For each unit with an alternative contemporaneous emission limitation less stringent than the applicable emission limitation in sub. (2) , (3) or (4) , the actual annual heat input for the calendar year does not exceed the annual heat input limit in the averaging plan.

c. For each unit with an alternative contemporaneous annual emission limitation more stringent than the applicable emission limitation in sub. (2) , (3) or (4) , the actual annual heat input for the calendar year is not less than the annual heat input limit in the averaging plan.

2. Group showing of compliance. If one or more of the units does not meet the requirements under subd. 1. , the designated representative shall demonstrate, in accordance with subd. 2. a. (i.e., Equation 2) that the actual Btu-weighted annual average emission rate for the units in the plan is less than or equal to the Btu-weighted annual average rate for the same units had they each been operated, during the same period of time, in compliance with the applicable emission limitations in sub. (2) , (3) or (4) .

a. A group showing of compliance shall be made based on the following equation:

b. If there is a successful group showing of compliance under subd. 2. a. for a calendar year, then all units in the averaging plan shall be deemed to be in compliance for that year with their alternative contemporaneous emission limitations and annual heat input limits under subd. 1.

3. Liability. The owners and operators of a unit governed by an approved averaging plan shall be liable for any violation of the plan or this section at that unit or any other unit in the plan, including liability for fulfilling the obligations specified in 40 CFR part 77 and sections 113 and 411 of the act.

4. Withdrawal or termination. The designated representative may submit a notification to terminate an approved averaging plan in accordance with s. NR 409.09 (1) (d) , no later than October 1 of the calendar year for which the plan is to be withdrawn or terminated.

(8)   Compliance and excess emissions. Excess emissions of nitrogen oxides under 40 CFR 77.6 shall be calculated as follows:

(a) For a unit that is not in an approved averaging plan:

1. Calculate EE i for each portion of the calendar year that the unit is subject to a different NO x emission limitation:

2. If EE i is a negative number for any portion of the calendar year, the EE value for that portion of the calendar year shall be equal to zero (e.g., if EE i = -100, then EE i = 0).

3. Sum all EE i values for the calendar year:

(b) For units participating in an approved averaging plan, when all the requirements under sub. (7) (d) 1. and 2. are not met:

(9)   Monitoring, recordkeeping and reporting requirements.

(a) Unless otherwise provided, the owners and operators of the source and each affected unit at the source shall keep on site certain relevant documents described below for a period of 5 years from the date the document is created. This period may be extended for cause, at any time prior to the end of 5 years, in writing by the administrator or department. The following documents shall be kept at the source:

1. The certificate of representation for the designated representative for the source and each affected unit at the source and all documents that demonstrate the truth of the statements in the certificate of representation, in accordance with 40 CFR 72.24 ; provided that the certificate and documents shall be retained on site at the source beyond the 5-year period until the documents are superseded because of the submission of a new certificate of representation changing the designated representative.

2. All emissions monitoring information, in accordance with 40 CFR part 75 .

3. Copies of all reports, compliance certifications and other submissions and all records made or required under the acid rain program.

4. Copies of all documents used to complete an acid rain portion of an operation permit application and any other submission under the acid rain program or to demonstrate compliance with the requirements of this chapter and the acid rain program.

(b) In accordance with sub. (6) (d) 4. , a petition for an alternative emission limitation demonstration period shall include the following information:

1. Documentation that the owner or operator solicited bids for a NO x emission control system designed for application to the specific boiler and designed to achieve the applicable emission limitation in sub. (2) , (3) or (4) on an annual average basis. This documentation shall include a copy of all bid specifications.

2. A copy of the performance guarantee submitted by the vendor of the installed NO x emission control system to the owner or operator showing that the system was designed to meet the applicable emission limitation in sub. (2) , (3) or (4) on an annual average basis.

3. Documentation describing the operational and combustion conditions that are the basis of the performance guarantee.

4. Certification by the primary vendor of the NO x emission control system that the equipment and associated auxiliary equipment was properly installed according to the modifications and procedures specified by the vendor.

5. Certification by the designated representative that the owner or owners or operator installed technology that meets the requirements of sub. (6) (a) .

(c) In accordance with sub. (6) (d) 9. , a petition for an alternative emission limitation demonstration period shall include the following information:

1. The operating conditions of the NO x emission control system including load range, O 2 range, coal volatile matter range, and, for tangentially fired boilers, distribution of combustion air within the NO x emission control system.

2. Certification by the designated representative that the owner or owners or operator have achieved and are following the operating conditions, boiler modifications and upgrades that formed the basis for the system design and performance guarantee.

3. Any planned equipment modifications and upgrades for the purpose of achieving the maximum NO x reduction performance of the NO x emission control system that were not included in the design specifications and performance guarantee, but that were achieved prior to submission of this application and are being followed.

4. A list of any modifications or replacements of equipment that are to be done prior to the completion of the demonstration period for the purpose of reducing emissions of NO x .

5. The parametric testing that will be conducted to determine the reason or reasons for the failure of the unit to achieve the applicable emission limitation and to verify the proper operation of the installed NO x emission control system during the demonstration period. The tests shall include tests in s. NR 439.098 , which may be modified according to the following criteria:

a. The owner or operator of the unit may add tests to those listed in s. NR 439.098 , if the additions provide data relevant to the failure of the installed NO x emission control system to meet the applicable emissions limitation in sub. (2) , (3) or (4) ; or

b. The owner or operator of the unit may remove tests listed in s. NR 439.098 that are shown, to the satisfaction of the department, not to be relevant to NO x emissions from the affected unit; and

c. In the event the performance guarantee or the NO x emission control system specifications require additional tests not listed in s. NR 439.098 , or specify operating conditions not verified by tests listed in s. NR 439.098 , the owner or operator of the unit shall include additional tests.

(d) In accordance with sub. (6) (d) 10. , a petition for an alternative emission limitation demonstration period shall include all of the following information for the operating period:

1. The average NO x emission rate (in pounds per million Btu) of the specific unit.

2. The highest hourly NO x emission rate (in pounds per million Btu) of the specific unit.

3. Hourly NO x emission rate (in pounds per million Btu), calculated in accordance with 40 CFR part 75 .

4. Total heat input (in million Btu) for the unit for each hour of operation, calculated in accordance with the requirements of 40 CFR part 75 .

5. Total integrated hourly gross unit load (in megawatts, gross, electrical).

(e) A petition for an alternative emission limitation shall include all of the following information in accordance with sub. (6) (e) 6. :

1. Total heat input (in million Btu) for the unit for each hour of operation, calculated in accordance with the requirements of 40 CFR part 75 .

2. Hourly NO x emission rate (in pounds per million Btu), calculated in accordance with the requirements of 40 CFR part 75 .

3. Total integrated hourly gross unit load (in megawatts, gross, electrical).

History: Cr., Register, November, 1999, No. 527 , eff. 12-1-99; correction (1) (a) made under s. 13.93 (2m) (b) 7., Stats., Register October 2003 No. 574 .

Note

NO x control technologies include, but are not limited to, the following: low NO x burner technology, selective noncatalytic reduction, selective catalytic reduction and reburning. Microsoft Windows NT 6.1.7601 Service Pack 1 - See PDF for diagram (Equation 1) Microsoft Windows NT 6.1.7601 Service Pack 1 where: Microsoft Windows NT 6.1.7601 Service Pack 1 R Li is the alternative contemporaneous annual emission limitation for unit i, in pounds per million Btu, as specified in the averaging plan Microsoft Windows NT 6.1.7601 Service Pack 1 R li is the applicable emission limitation for unit i, in pounds per million Btu, as specified in sub. (2) , (3) or (4) except that for early election units, which may be included in an averaging plan only on or after January 1, 2000, R li shall equal the most stringent applicable emission limitation under sub. (2) or (4) ; for units with an alternative emission limitation, R li shall equal the applicable emissions limitation under sub. (2) , (3) or (4) , not the alternative emissions limitation Microsoft Windows NT 6.1.7601 Service Pack 1 HI i is the annual heat input for unit i, in million Btu, as specified in the averaging plan Microsoft Windows NT 6.1.7601 Service Pack 1 n is the number of units in the averaging plan Microsoft Windows NT 6.1.7601 Service Pack 1 - See PDF for diagram (Equation 2) Microsoft Windows NT 6.1.7601 Service Pack 1 where: Microsoft Windows NT 6.1.7601 Service Pack 1 R ai is the actual annual average emission rate for unit i, in pounds per million Btu, as determined using the procedures in 40 CFR part 75 . For units in an averaging plan utilizing a common stack pursuant to 40 CFR 75.17 (a)(2)(i)(B), use the same NO x emission rate value for each unit utilizing the common stack, and calculate this value in accordance with appendix F of 40 CFR part 75 . Microsoft Windows NT 6.1.7601 Service Pack 1 R li is the applicable annual emission limitation for unit i, in pounds per million Btu, as specified in sub. (2) , (3) or (4) , except that for early election units, which may be included in an averaging plan only on or after January 1, 2000, R li shall equal the most stringent applicable emission limitation under sub. (2) or (4) ; for units with an alternative emission limitation, R li shall equal the applicable emission limitation under sub. (2) , (3) or (4) , not the alternative emission limitation Microsoft Windows NT 6.1.7601 Service Pack 1 HI ai is the actual annual heat input for unit i, in million Btu, as determined using the procedures in 40 CFR part 75 Microsoft Windows NT 6.1.7601 Service Pack 1 n is the number of units in the averaging plan Microsoft Windows NT 6.1.7601 Service Pack 1 - See PDF for diagram (Equation 3) Microsoft Windows NT 6.1.7601 Service Pack 1 where: Microsoft Windows NT 6.1.7601 Service Pack 1 EE i is the excess emissions for NO x for the portion of the calendar year (in tons) Microsoft Windows NT 6.1.7601 Service Pack 1 R ai is the actual average emission rate for the unit (in pounds per million Btu), determined according to 40 CFR part 75 for the portion of the calendar year for which the applicable emission limitation R li is in effect Microsoft Windows NT 6.1.7601 Service Pack 1 R li is the applicable emission limitation for the unit (in pounds per million Btu), as specified in sub. (2) , (3) or (4) or as determined under sub. (6) Microsoft Windows NT 6.1.7601 Service Pack 1 HI i is the actual heat input for the unit, (in million Btu), determined according to 40 CFR part 75 for the portion of the calendar year for which the applicable emission limitation, R li , is in effect Microsoft Windows NT 6.1.7601 Service Pack 1 - See PDF for diagram (Equation 4) Microsoft Windows NT 6.1.7601 Service Pack 1 where: Microsoft Windows NT 6.1.7601 Service Pack 1 EE is the excess emissions for NO x for the year (in tons) Microsoft Windows NT 6.1.7601 Service Pack 1 n is the number of time periods during which a unit is subject to different emission limitations Microsoft Windows NT 6.1.7601 Service Pack 1 - See PDF for diagram (Equation 5) Microsoft Windows NT 6.1.7601 Service Pack 1 where: Microsoft Windows NT 6.1.7601 Service Pack 1 EE is the excess emissions for NO x for the year (in tons) Microsoft Windows NT 6.1.7601 Service Pack 1 R ai is the actual annual average emission rate for NO x for unit i(in pounds per million Btu), determined according to 40 CFR part 75 Microsoft Windows NT 6.1.7601 Service Pack 1 R li is the applicable emission limitation for unit i (in pounds per million Btu), as specified in sub. (2) , (3) or (4) Microsoft Windows NT 6.1.7601 Service Pack 1 HI i is the actual annual heat input for unit i (in million Btu) determined according to 40 CFR part 75 Microsoft Windows NT 6.1.7601 Service Pack 1 n is the number of units in the averaging plan Microsoft Windows NT 6.1.7601 Service Pack 1