Section 428.05. Requirements and performance standards for existing sources.


Latest version.
  • (1) Applicability. The requirements of this section apply to emissions units described in this section that are located in the county of Kenosha, Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan, Washington or Waukesha and that were initially constructed on or before February 1, 2001.
    (2) NO x emissions optimization.
    (a) The requirements of this subsection do not apply to emissions units which are subject to the emission limits of sub. (3) .
    (b) Except as provided in par. (a) or (c) , the following categories of NO x emissions units listed in this subsection shall complete a combustion optimization to minimize NO x emissions in accordance with s. NR 439.096 by December 31, 2002.
    1. Solid fuel-fired boilers with a maximum design heat input of 75 million Btu per hour or greater and operated during the 2000 ozone season or a later ozone season with a capacity factor of at least 20%.
    2. Natural gas-fired boilers with a maximum design heat input of 75 million Btu per hour or greater and operated during the 2000 ozone season or a later ozone season with a capacity factor of at least 20%.
    3. Distillate or residual fuel oil-fired boilers with a maximum design heat input of 75 million Btu per hour or greater and operated during the 2000 ozone season or a later ozone season with a capacity factor of at least 20%.
    4. Cement kilns, lime kilns and calciners with a maximum design heat input of 75 million Btu per hour or greater and operated during the 2000 ozone season or a later ozone season with a capacity factor of at least 20%.
    5. Reheat furnaces, annealing furnaces and galvanizing furnaces with a maximum design heat input of 75 million Btu per hour or greater and operated during the 2000 ozone season or a later ozone season with a capacity factor of at least 20%.
    6. Glass manufacturing furnaces with a maximum design heat input of 75 million Btu per hour or greater and operated during the 2000 ozone season or a later ozone season with a capacity factor of at least 20%.
    (c) An emissions unit described in par. (b) which first operates with a capacity factor exceeding 20% in an ozone season after the 2000 ozone season shall complete a combustion optimization by December 31 of the calendar year following that ozone season.
    (d) The owner or operator of an NO x emissions unit subject to a combustion optimization requirement under par. (b) shall operate the emissions unit in a manner consistent with the results of the combustion optimization.
    (e) The owner or operator of a source subject to the NO x emissions optimization requirements of this subsection shall perform monitoring sufficient to determine compliance with the requirements of this subsection. The monitoring required under this paragraph shall be either continuous monitoring of NO x emissions or periodic monitoring of parameters adequate to ascertain the quality of the combustion and shall conform to the source's approved combustion optimization plan pursuant to s. NR 439.096 .
    (3) Performance standards.
    (a) Utility boilers. No person may cause, allow or permit nitrogen oxides to be emitted from a boiler owned or operated by a utility as defined in s. NR 409.02 (84) with a maximum design heat input of 500 million Btu per hour or greater in excess of the most stringent of the following limits, as applicable, during the ozone season:
    1. 0.33 pound per million Btu of heat input on a 30-day rolling average basis, on or after December 31, 2002.
    2. 0.31 pound per million Btu of heat input on a 30-day rolling average basis, on or after December 31, 2003.
    3. 0.30 pound per million Btu of heat input on a 30-day rolling average basis, on or after December 31, 2004.
    4. 0.29 pound per million Btu of heat input on a 30-day rolling average basis, on or after December 31, 2005.
    5. 0.29 pound per million Btu of heat input on a 30-day rolling average basis, on or after December 31, 2006.
    6. 0.28 pound per million Btu of heat input on a 30-day rolling average basis, on or after December 31, 2007.
    (b) Other boilers. The requirements of this paragraph apply to boilers which are not subject to the emission limits of par. (a) .
    1. Solid fuel-fired units. On or after December 31, 2002, no person may cause, allow or permit nitrogen oxides to be emitted from a solid fuel-fired boiler, with a maximum design heat input of 100 million Btu per hour or greater and operated during the 2000 ozone season or a later ozone season with a capacity factor of at least 25%, in excess of the following limits during the ozone season:
    a. 0.45 pound per million Btu of heat input on a 30-day rolling average basis for cyclone-fired boilers.
    b. 0.20 pound per million Btu of heat input on a 30-day rolling average basis for fluidized bed combustion boilers.
    d. 0.30 pound per million Btu of heat input on a 30-day rolling average basis for pulverized coal-fired boilers.
    2. Gaseous fuel-fired units. On or after December 31, 2002, no person may cause, allow or permit nitrogen oxides to be emitted from a gaseous fuel-fired boiler, with a maximum design heat input of 100 million Btu per hour or greater and operated during the 2000 ozone season or a later ozone season with a capacity factor of at least 25%, in excess of 0.10 pound per million Btu of heat input on a 30-day rolling average basis during the ozone season.
    3. Distillate fuel oil-fired units. On or after December 31, 2002, no person may cause, allow or permit nitrogen oxides to be emitted from a distillate fuel oil-fired boiler, with a maximum design heat input of 100 million Btu per hour or greater and operated during the 2000 ozone season or a later ozone season with a capacity factor of at least 25%, in excess of 0.12 pound per million Btu of heat input on a 30-day rolling average basis during the ozone season.
    4. Residual fuel oil-fired units. On or after December 31, 2002, no person may cause, allow or permit nitrogen oxides to be emitted from a residual fuel oil-fired boiler, with a maximum design heat input of 100 million Btu per hour or greater and operated during the 2000 ozone season or a later ozone season with a capacity factor of at least 25%, in excess of 0.20 pound per million Btu of heat input on a 30-day rolling average basis during the ozone season.
    (c) Reheat, annealing and galvanizing furnaces. On or after December 31, 2002, no person may cause, allow or permit nitrogen oxides to be emitted from a reheat furnace, annealing furnace or galvanizing furnace with a maximum design heat input of 100 million Btu per hour or greater and operated during the 2000 ozone season or a later ozone season with a capacity factor of at least 25%, in excess of 0.10 pound per million Btu heat input on a 30-day rolling average basis during the ozone season.
    (d) Combustion turbines. On or after December 31, 2002, no person may cause, allow or permit nitrogen oxides to be emitted from a combustion turbine with a maximum design power output of 50 MWe or greater in an amount greater than the following during the ozone season:
    1. Gaseous fuel-fired units. 75 parts per million dry volume (ppmdv), corrected to 15% oxygen, on a 30-day rolling average for units burning gaseous fuel.
    2. Distillate fuel oil-fired units. 110 parts per million dry volume (ppmdv), corrected to 15% oxygen, on a 30-day rolling average basis for units burning distillate fuel oil.
    (e) Reciprocating engines. On or after December 31, 2002, no person may cause, allow or permit nitrogen oxides to be emitted during the ozone season from reciprocating engines with a maximum design power output of 2000 hp or greater in excess of the following limits:
    1. 9.5 grams per brake horsepower-hour for rich-burn units.
    2. 10.0 grams per brake horsepower-hour for lean-burn units.
    3. 8.5 grams per brake horsepower-hour for distillate fuel oil-fired units.
    4. 6.0 grams per brake horsepower-hour for dual-fuel units.
    (4) Monitoring requirements.
    (a) General requirements .
    1. The owner or operator of each NO x emissions unit subject to the requirements of sub. (3) shall comply with the monitoring requirements of subch. III .
    2. The emissions measurements recorded and reported in accordance with subch. III shall be used to determine compliance by the unit with the NO x emissions performance standard under sub. (3) .
    (b) Specific requirements.
    1. The owner or operator of an emissions unit subject to the requirements of sub. (3) (a) shall determine the average NO x emission rate, in pound per million Btu, using the methods and procedures specified in 40 CFR part 75 , Appendices A through I, incorporated by reference in s. NR 484.04 (27) .
    2. The owner or operator of an emissions unit subject to any of the requirements of sub. (3) (b) to (e) shall determine the unit's average NO x emission rate using methods and procedures specified in 40 CFR part 60 , Appendix B, incorporated by reference in s. NR 484.04 (21) , or other emissions monitoring methods approved by the department.
    (5) Recordkeeping and reporting requirements.
    (a) Unless otherwise provided, the owner or operator of each NO x emissions unit subject to the requirements of this section shall keep on site at the source each of the following documents for a period of 5 years from the date the document is created:
    1. All emissions monitoring information, in accordance with subch. III ; except that, to the extent that subch. III provides for a 3-year period for record retention, the 3-year period shall apply.
    2. Copies of all reports, compliance certifications and other submissions and all records made or required under the NO x emissions performance program.
    (b) The owner or operator of the NO x emissions source shall submit the compliance reports and certifications required under the NO x emissions performance program in conjunction with those required under the operation permit requirements of s. NR 407.09 .
Cr. Register, January, 2001, No. 541 , eff. 2-1-01; CR 07-016 : am. (3) (e) 1. to 4. Register July 2007 No. 619 , eff. 8-1-07; CR 08-103 : am. (1) and (4) (b) 2. Register August 2009 No. 644 , eff. 9-1-09.