NR 440.185(1)(1) For the purposes of this chapter, time periods specified in days shall be measured in calendar days, even if the word `calendar' is absent, unless otherwise specified in an applicable requirement.
NR 440.185(2)
(2) For the purposes of this chapter, if an explicit postmark deadline is not specified in an applicable requirement for the submittal of a notification, application, report or other written communication, the owner or operator shall postmark the submittal on or before the number of days specified in the applicable requirement. For example, if a notification is required to be submitted 15 days before a particular event is scheduled to take place, the notification shall be postmarked on or before 15 days preceding the event; likewise, if a notification is required to be submitted 15 days after a particular event takes place, the notification shall be delivered or postmarked on or before 15 days following the end of the event. The use of reliable non-government mail carriers that provide indications of verifiable delivery of information required to be submitted, similar to the postmark provided by the U.S. Postal Service, or alternative means of delivery, including the use of electronic media, agreed to by the department, is acceptable.
NR 440.185(3)
(3) Notwithstanding time periods or postmark deadlines specified in this chapter for the submittal of information by an owner or operator, or the review of submitted information by the department, time periods or deadlines may be changed by mutual agreement between the owner or operator and the department according to procedures in
sub. (6).
NR 440.185(4)
(4) If an owner or operator of an affected facility is required to submit periodic reports under this chapter, and is also subject to periodic reporting requirements having the same reporting frequency under another chapter, the owner or operator may change the dates by which periodic reports under this chapter are submitted, without changing the frequency of reporting, to coincide with the other reporting schedule by mutual agreement between the owner or operator and the department according to procedures in
sub. (6). This provision applies beginning one year after the affected facility is required to be in compliance with this chapter.
NR 440.185(5)
(5) If an owner or operator supervises one or more stationary sources affected by standards under this chapter and standards under either
40 CFR part 61 or
63, the owner or operator may arrange by mutual agreement between the owner or operator and the department, according to procedures in
sub. (6), a common schedule on which periodic reports required by each applicable standard shall be submitted throughout the year. This provision applies beginning one year after the stationary source is required to be in compliance with this chapter, or one year after the stationary source is required to be in compliance with the applicable standard in
40 CFR part 61 or
63, whichever is latest.
NR 440.185(6)(a)(a) Until an adjustment of a time period or postmark deadline has been approved by the department under
par. (c) or
(d), the owner or operator of an affected facility remains strictly subject to the requirements of the applicable section.
NR 440.185(6)(b)
(b) An owner or operator shall request the adjustment provided for in
par. (c) or
(d) for each change of an applicable time period or postmark deadline specified in this chapter.
NR 440.185(6)(c)
(c) Notwithstanding time periods or postmark deadlines specified in this chapter for submittal of information, or the review of information by the department, time periods or postmark deadlines may be changed by mutual agreement between the owner or operator and the department. An owner or operator wishing to request a change in a time period or postmark deadline for a particular requirement shall request the adjustment in writing as soon as practicable before the subject activity is required to take place. The owner or operator shall include in the request whatever information is considered useful to convince the department that an adjustment is warranted.
NR 440.185(6)(d)
(d) If, in the department's judgement, an owner or operator's request for an adjustment to a particular time period or postmark deadline is warranted, the department shall approve the adjustment. The department shall notify the owner or operator in writing of approval or disapproval of the request for an adjustment within 15 calendar days of receiving sufficient information to evaluate the request.
NR 440.185(6)(e)
(e) If the department is unable to meet a specified deadline, the department shall notify the owner or operator of any significant delay and inform the owner or operator of the amended schedule.
NR 440.185 History
History: CR 06-109: cr. Register May 2008 No. 629, eff. 6-1-08. NR 440.19
NR 440.19 Fossil-fuel-fired steam generators for which construction is commenced after August 17, 1971. NR 440.19(1)(1)
Applicability and designation of affected facility. NR 440.19(1)(a)(a) The affected facilities to which the provisions of this section apply are:
NR 440.19(1)(a)1.
1. Each fossil-fuel-fired steam generating unit of more than 73 megawatts heat input rate (250 million Btu per hour).
NR 440.19(1)(a)2.
2. Each fossil-fuel and wood-residue-fired steam generating unit capable of firing fossil fuel at a heat input rate of more than 73 megawatts (250 million Btu per hour).
NR 440.19(1)(b)
(b) Any change to an existing fossil-fuel-fired steam generating unit to accommodate the use of combustible materials other than fossil fuels as defined in this section does not bring that unit under the applicability of this section.
NR 440.19(1)(c)
(c) Except as provided in
par. (d), any facility under
par. (a) that commenced construction or modification after August 17, 1971, is subject to the requirements of this section.
NR 440.19(2)
(2) Definitions. As used in this section, terms not defined in this subsection have the meanings given in
s. NR 440.02.
NR 440.19(2)(a)
(a) “Coal" means all solid fuels classified as anthracite, bituminous, subbituminous, or lignite by ASTM D388-99 (reapproved 2004), incorporated by reference in
s. NR 440.17 (2) (a) 12.
NR 440.19(2)(b)
(b) “Coal refuse" means waste-products of coal mining, cleaning and coal preparation operations (e.g. culm, gob, etc.) containing coal, matrix material, clay and other organic and inorganic material.
NR 440.19(2)(c)
(c) “Fossil fuel" means natural gas, petroleum, coal and any form of solid, liquid or gaseous fuel derived from such materials for the purpose of creating useful heat.
NR 440.19(2)(d)
(d) “Fossil-fuel and wood-residue-fired steam generating unit" means a furnace or boiler used in the process of burning fossil fuel and wood residue for the purpose of producing steam by heat transfer.
NR 440.19(2)(e)
(e) “Fossil-fuel-fired steam generating unit" means a furnace or boiler used in the process of burning fossil fuel for the purpose of producing steam by heat transfer.
NR 440.19(2)(f)
(f) “Wood residue" means bark, sawdust, slabs, chips, shavings, mill trim and other wood products derived from wood processing and forest management operations.
NR 440.19(3)(a)(a) On and after the date on which the performance test required to be conducted by
s. NR 440.08 is completed, no owner or operator subject to the provisions of this section may cause to be discharged into the atmosphere from any affected facility any gases which:
NR 440.19(3)(a)1.
1. Contain particulate matter in excess of 43 nanograms per joule heat input (0.10 lb per million Btu) derived from fossil fuel or fossil fuel and wood residue.
NR 440.19(3)(a)2.
2. Exhibit greater than 20% opacity except for one 6-minute period per hour of not more than 27% opacity.
NR 440.19(4)(a)(a) On and after the date on which the performance test required to be conducted by
s. NR 440.08 is completed, no owner or operator subject to the provisions of this section may cause to be discharged into the atmosphere from any affected facility any gases which contain sulfur dioxide in excess of:
NR 440.19(4)(a)1.
1. 340 nanograms per joule heat input (0.80 lb per million Btu) derived from liquid fossil fuel or liquid fossil fuel and wood residue.
NR 440.19(4)(a)2.
2. 520 nanograms per joule heat input (1.2 lb per million Btu) derived from solid fossil fuel or solid fossil fuel and wood residue.
NR 440.19(4)(b)
(b) When different fossil fuels are burned simultaneously in any combination, the applicable standard (in ng/J) shall be determined by proration using the following formula: -
See PDF for diagram 
in which:
-
See PDF for diagram is the prorated standard for sulfur dioxide when burning different fuels simultaneously, in nanograms per joule heat input derived from all fossil fuels fired or from all fossil fuels and wood residue fired
y is the percentage of total heat input derived from liquid fossil fuel
z is the percentage of total heat input derived from solid fossil fuel
NR 440.19(4)(c)
(c) Compliance shall be based on the total heat input from all fossil fuels burned, including gaseous fuels.
NR 440.19(5)(a)(a) On and after the date on which the performance test required to be conducted by
s. NR 440.08 is completed, no owner or operator subject to the provisions of this section may cause to be discharged into the atmosphere from any affected facility any gases which contain nitrogen oxides, expressed as NO
2 in excess of:
NR 440.19(5)(a)1.
1. 86 nanograms per joule heat input (0.20 lb per million Btu) derived from gaseous fossil fuel.
NR 440.19(5)(a)2.
2. 129 nanograms per joule heat input (0.30 lb per million Btu) derived from liquid fossil fuel, liquid fossil fuel and wood residue, or gaseous fossil fuel and wood residue.
NR 440.19(5)(a)3.
3. 300 nanograms per joule heat input (0.70 lb per million Btu) derived from solid fossil fuel or solid fossil fuel and wood residue (except lignite or a solid fuel containing 25%, by weight, or more of coal refuse).
NR 440.19(5)(a)4.
4. 260 nanograms per joule heat input (0.60 lb per million Btu) derived from lignite or lignite and wood residue, except as provided under
subd. 5.
NR 440.19(5)(a)5.
5. 340 nanograms per joule heat input (0.80 lb per million Btu) derived from lignite which is mined in North Dakota, South Dakota or Montana and which is burned in a cyclone-fired unit.
NR 440.19(5)(b)
(b) Except as provided under
pars. (c) and
(d), when different fossil fuels are burned simultaneously in any combination, the applicable standard (in ng/J) is determined by proration using the following formula: -
See PDF for diagram
in which:
-
See PDF for diagram is the prorated standard for nitrogen oxides when burning different fuels simultaneously, in nanograms per joule heat input derived from all fossil fuels fired or from all fossil fuels and wood residue fired
w is the percentage of total heat input derived from lignite
x is the percentage of total heat input derived from gaseous fossil fuel
y is the percentage of total heat input derived from liquid fossil fuel
z is the percentage of total heat input derived from solid fossil fuel (except lignite)
NR 440.19(5)(c)
(c) When a fossil fuel containing at least 25%, by weight, of coal refuse is burned in combination with gaseous, liquid or other solid fossil fuel or wood residue, the standard for nitrogen oxides does not apply.
NR 440.19(5)(d)
(d) Cyclone-fired units which burn fuels containing at least 25% of lignite that is mined in North Dakota, South Dakota or Montana remain subject to
par. (a) 5. regardless of the types of fuel combusted in combination with that lignite.
NR 440.19(6)(a)(a) Each owner or operator shall install, calibrate, maintain and operate continuous monitoring systems for measuring the opacity of emissions, sulfur dioxide emissions, nitrogen oxides emissions, and either oxygen or carbon dioxide except as provided in
par. (b).
NR 440.19(6)(b)
(b) Certain of the continuous monitoring system requirements under
par. (a) do not apply to owners or operators under the following conditions:
NR 440.19(6)(b)1.
1. For a fossil-fuel-fired steam generator that burns only gaseous fossil fuel, continuous monitoring systems for measuring the opacity of emissions and sulfur dioxide emissions are not required.
NR 440.19(6)(b)2.
2. For a fossil-fuel-fired steam generator that does not use a flue gas desulfurization device, a continuous monitoring system for measuring sulfur dioxide emissions is not required if the owner or operator monitors sulfur dioxide emissions by fuel sampling and analysis.
NR 440.19(6)(b)3.
3. Notwithstanding
s. NR 440.13 (2), installation of a continuous monitoring system for nitrogen oxides may be delayed until after the initial performance tests under
s. NR 440.08 have been conducted. If the owner or operator demonstrates during the performance test that emissions of nitrogen oxides are less than 70% of the applicable standards in
sub. (5), a continuous monitoring system for measuring nitrogen oxides emissions is not required. If the initial performance test results show that nitrogen oxide emissions are greater than 70% of the applicable standard, the owner or operator shall install a continuous monitoring system for nitrogen oxides within one year after the date of the initial performance tests under
s. NR 440.08 and comply with all other applicable monitoring requirements under this chapter.
NR 440.19(6)(b)4.
4. If an owner or operator does not install any continuous monitoring systems for sulfur oxides and nitrogen oxides, as provided under
subds. 1. and
3. or
subds. 2. and
3., a continuous monitoring system for measuring either oxygen or carbon dioxide is not required.
NR 440.19(6)(c)1.
1. Methods 6, 7 and 3B of
40 CFR part 60, Appendix A, incorporated by reference in
s. NR 440.17, as applicable, shall be used for the performance evaluations of sulfur dioxide and nitrogen oxides continuous monitoring systems. Acceptable alternative methods for Methods 6, 7 and 3B are given in
sub. (7) (d).
NR 440.19(6)(c)2.
2. Sulfur dioxide or nitric oxide, as applicable, shall be used for preparing calibration gas mixtures under Performance Specification 2 of
40 CFR part 60, Appendix B, incorporated by reference in
s. NR 440.17.
NR 440.19(6)(c)3.
3. For affected facilities burning fossil fuel, the span value for a continuous monitoring system measuring the opacity of emissions shall be 80, 90 or 100% and for a continuous monitoring system measuring sulfur oxides or nitrogen oxides the span value shall be determined as follows:
-
See PDF for table
in which:
x is the fraction of total heat input derived from gaseous fossil fuel
y is the fraction of total heat input derived from liquid fossil fuel
z is the fraction of total heat input derived from solid fossil fuel
NR 440.19(6)(c)4.
4. All span values computed under
subd. 3. for burning combinations of fossil fuels shall be rounded to the nearest 500 ppm.
NR 440.19(6)(c)5.
5. For a fossil-fuel-fired steam generator that simultaneously burns fossil fuel and nonfossil fuel, the span value of all continuous monitoring systems shall be subject to the department's approval.
NR 440.19(6)(e)
(e) For any continuous monitoring system installed under
par. (a), the conversion procedures of this paragraph shall be used to convert the continuous monitoring data into units of the applicable standards (ng/J, lb/million Btu).
NR 440.19(6)(e)1.
1. When a continuous monitoring system for measuring oxygen is selected, the measurement of the pollutant concentration and oxygen concentration shall each be on a consistent basis (wet or dry). Alternative procedures approved by the department shall be used when measurements are on a wet basis. When measurements are on a dry basis, the following conversion procedures shall be used:
E = CF [20.9/(20.9 - percent O2)]
where E, C, F, and percent O2 are determined under par. (f).
NR 440.19(6)(e)2.
2. When a continuous monitoring system for measuring carbon dioxide is selected, the measurement of the pollutant concentration and carbon dioxide concentration shall each be on a consistent basis (wet or dry) and the following conversion procedure shall be used:
E = CFc [100/percent CO2]
where E, C, Fc and percent CO2 are determined under par. (f).
NR 440.19(6)(f)
(f) The values used in the equations under
par. (e) 1. and
2. are derived as specified in this paragraph.
NR 440.19(6)(f)2.
2. C is the pollutant concentration, ng/dscm (lb/dscf), determined by multiplying the average concentration (ppm) for each one-hour period by 4.15
10
4 M ng/dscm per ppm (2.59
10
-9 M lb/dscf per ppm) where M is the pollutant molecular weight, g/g-mole (lb/lb-mole). M = 64.07 for sulfur dioxide and 46.01 for nitrogen oxides.
NR 440.19(6)(f)3.
3. %O
2 or %CO
2 is the oxygen or carbon dioxide volume expressed as percent, determined with equipment specified under
par. (a).
NR 440.19(6)(f)4.
4. F, F
c are a factor representing a ratio of the volume of dry flue gases generated to the calorific value of the fuel combusted (F), and a factor representing a ratio of the volume of carbon dioxide generated to the calorific value of the fuel combusted (F
c), respectively. Values of F
c and F are:
NR 440.19(6)(f)4.a.
a. For anthracite coal as classified according to ASTM D388-99 (reapproved 2004), incorporated by reference in
s. NR 440.17 (2) (a) 12., F = 2.723 x 10
-7 dscm/J (10,140 dscf/million Btu) and F
c = 0.532 x 10
-7 scm CO
2/J (1,980 scf CO
2/million Btu).
