12. Agency Contact Person: Olivia Salmon, Department of Natural Resources, P.O. Box 7921, Madison, WI 53707-7921; Olivia.Salmon@wisconsin.gov; (608) 630-5264 13. Place where comments are to be submitted and deadline for submission:
A public comment period occurred from May 1 through June 7, 2023, and a public hearing was held on May 31, 2023.
RULE TEXT
Section 1 NR 400.03 (4) (mf) is created to read:
NR 400.03 (4) (mf) “SIP” – state implementation plan
Section 2 NR 428.02 (7i), (7p), (7u) and (7w) are created to read:
NR 428.02 (7i) "Primary fuel" means the fuel types that provide the greatest amount of heat input, in terms of mmBtu, to a combustion unit. A combustion unit may have more than one primary fuel.
(7p) “Secondary fuel” means any fuel that is not a primary fuel.
(7u) “Simple cycle stationary combustion turbine” means any stationary combustion turbine that does not recover heat from the stationary combustion turbine exhaust gases.
(7w) (a) “Supply interruption” or “curtailment” means a period of time during which the supply of primary fuel to an emissions unit is reduced for reasons beyond the control of the facility.
(b) “Supply interruption” or “curtailment” may not result from an increase in the cost or unit price of the primary fuel.
Section 3 NR 428.04 (2) (g) 1. d. is amended to read:
NR 428.04 (2) (g) 1. d. 3 9 parts per million dry volume (ppmdv), corrected to 15% 15 percent oxygen, on a 30-day rolling average basis for a combined cycle combustion turbine with a maximum design power output of 25 MWe or greater.
Section 4 NR 428.04 (2) (i) and (4) (c) are created to read:
NR 428.04 (2) (i) Emissions units using secondary fuel. An emissions unit that is capable of firing secondary fuel is not subject to the requirements under this subsection when utilizing only a secondary fuel if any of the following apply:
1. The emissions unit heat input capacity or maximum design power output while utilizing the secondary fuel is less than the applicability thresholds under this subsection.
2. The emissions unit burns the secondary fuel only during any of the following periods:
a. Supply interruption or curtailment of primary fuel. The secondary fuel usage under this paragraph may not exceed 500 hours within a 12 consecutive month time period unless the owner or operator obtains a fuel variance under s. NR 436.06. b. Periodic testing, maintenance, or operator training of the secondary fuel when the periodic testing, maintenance, or operator training does not exceed a combined total of 48 hours during any calendar year.
3. The secondary fuel constitutes less than 1 percent on an energy equivalent basis of the emissions unit’s fuel consumption within the most recent 12 consecutive month time period.
(4) (c) The owner or operator claiming exemption from the requirements under sub. (2) pursuant to sub. (2) (i) shall keep a record of all of the following:
1. Each occurrence when a secondary fuel was burned in accordance with the provisions under sub. (2) (i).
2. The reason for each occurrence when a secondary fuel was burned in accordance with the provisions under sub. (2) (i).
3. The monthly and yearly total hours for each occurrence when a secondary fuel was burned in accordance with the provisions under sub. (2) (i).
4. Other relevant information as required by the department.
Section 5 NR 428.05 (2) (b) is amended to read:
NR 428.05 (2) (b) Except as provided in under par. (a)or, (c), or (f) the following categories of NOx emissions units listed in under this subsection shall complete a combustion optimization to minimize NOx emissions in accordance with s. NR 439.096 by December 31, 2002.: Section 6 NR 428.05 (2) (f), (3) (f) and (5) (c) are created to read:
NR 428.05 (2) (f) An emissions unit that is capable of firing secondary fuel is not subject to the requirements under this subsection when utilizing only a secondary fuel if any of the following apply:
1. The emissions unit heat input capacity or maximum design power output while utilizing the secondary fuel is less than the applicability thresholds under this subsection.
2. The emissions unit burns the secondary fuel only during any of the following periods:
a. Supply interruption or curtailment of primary fuel. The secondary fuel usage under this paragraph may not exceed 500 hours within a 12 consecutive month time period unless the owner or operator obtains a fuel variance under s. NR 436.06. b. Periodic testing, maintenance, or operator training of the secondary fuel when the periodic testing, maintenance, or operator training does not exceed a combined total of 48 hours during any calendar year.
3. The secondary fuel constitutes less than 1 percent on an energy equivalent basis of the emissions unit’s fuel consumption within the most recent 12 consecutive month time period.
(3) (f) Emissions units using secondary fuel. An emissions unit that is capable of firing secondary fuel is not subject to the requirements under this subsection when utilizing only a secondary fuel if any of the following apply:
1. The emissions unit heat input capacity or maximum design power output while utilizing the secondary fuel is less than the applicability thresholds under this subsection.
2. The emissions unit burns the secondary fuel only during any of the following periods:
a. Supply interruption or curtailment of primary fuel. The secondary fuel usage under this paragraph may not exceed 500 hours within a 12 consecutive month time period unless the owner or operator obtains a fuel variance under s. NR 436.06. b. Periodic testing, maintenance, or operator training of the secondary fuel when the periodic testing, maintenance, or operator training does not exceed a combined total of 48 hours during any calendar year.
3. The secondary fuel constitutes less than 1 percent on an energy equivalent basis of the emissions unit’s fuel consumption within the most recent 12 consecutive month time period.
(5) (c) The owner or operator claiming exemption to the requirements under subs. (2) and (3) pursuant to subs. (2) (f) and (3) (f) shall keep a record of all of the following:
1. Each occurrence when the fuel denoted under subs. (2) (f) and (3) (f) was burned.
2. The reason for each occurrence when fuel denoted under subs. (2) (f) and (3) (f) was burned.
3. The monthly and yearly total hours of operation for each fuel used as specified under subs. (2) (f) and (3) (f).
4. Other relevant information as required by the department.
Section 7 NR 428.055 is created to read:
NR 428.055 Alternatives.
(1) Alternative authority. The owner or operator of a NOx emissions source may submit a request to the department requesting approval to establish an alternative site-specific emission limitation to one or more of the requirements under s. NR 428.04 or 428.05. The owner or operator shall demonstrate that compliance with requirements under s. NR 428.04 or 428.05 are technologically or economically infeasible. Application for an alternative to any emission limitation under this subchapter does not become effective until approved by the department and the administrator as a site-specific SIP revision and shall be subject to requirements under subs. (2) to (5). (2) Alternative criteria. The department may not approve an alternative site-specific emission limitation under sub. (1) unless:
(a) The alternative will not delay attainment or prevent maintenance of any ambient air quality standard, as determined by methods acceptable to the department.
(b) The owner or operator of the air contaminant source for which an alternative is requested demonstrates that all other direct or portable sources that it owns or operates in the state are in compliance with all applicable requirements under chs. NR 400 to 499 or are on a schedule for compliance with the requirements.
(c) The owner or operator submits to the department information concerning the conditions or special circumstances that demonstrate, to the department's satisfaction, that the applicable requirements from which variance is sought are technologically or economically infeasible. In addition, all of the following conditions are applicable:
1. The owner or operator shall submit proposed emission limitations to the department in writing.
2. The responsible official shall sign the request for alternatives on behalf of the owner or operator.
3. The owner or operator shall submit other relevant information as required by the department.
(3) Procedures for issuance of alternatives. The department, in acting upon any request for an alternative site-specific emission limitation under this section, shall do all of the following:
(a) Act on requests for alternatives within 3 months of the filing of a completed request.
(b) Offer, through public notice, the opportunity for public comments including, where requested, a public hearing.
(c) State in writing the reasons for denying, granting, or for granting in modified form any request.
(4) Revocation and modification of alternatives. The department may, after notice and opportunity for hearing, revoke or modify any alternative site-specific emission limitation when any of the following occurs:
(a) Any term or condition of the alternative has been violated.
(b) Changes in ambient air quality indicate that the source has a significant adverse impact as determined by methods acceptable to the department on the attainment or maintenance of any ambient air quality standard.
(c) The owner or operator did not act in good faith in demonstrating the technological or economic infeasibility of compliance with the limitations or in submitting other relevant information in support of the alternative request.
(5) Effective date of alternatives. When the department grants, modifies, or revokes a site-specific alternative to a limitation that has been approved by the administrator as part of the SIP, the alternative will not become effective until all of the following conditions have been met:
(a) The department has submitted the alternative to the administrator pursuant to applicable law, including 42 USC 7410 and 40 CFR parts 51 and 52, and all such requirements have been met. (b) The alternative has been approved by the administrator as a site-specific SIP revision.
Section 8 NR 428.07 (1) (a) 2. is amended to read:
NR 428.07 (1) (a) 2. For an emissions unit subject to emission limitations in under s. NR 428.04 (2), at least 180 days prior to initial operation, or an alternative date approved by the department. Section 9 NR 428.08 (2) (e) (title) is repealed and recreated to read:
NR 428.08 (2) (e) (title) Boilers or turbines.
Section 10 NR 428.08 (2) (f) (title), (g), and (3) are created to read:
NR 428.08 (2) (f) (title) Continuous emissions monitoring.
(g) Testing. An owner or operator of an emissions unit not listed under pars. (a) to (e) shall either install and operate a continuous NOx emissions monitoring system according to the requirements under 40 CFR part 75, or do all of the following to satisfy the requirements under this subsection: 1. Keep and maintain the emissions unit manufacturer’s specifications and emissions factor information for the emissions unit on-site and available for review.
2. Comply with any applicable standards under sections 111 or 112 of the Clean Air Act (42 USC 7411 or 7412). 3. Maintain the emissions unit in accordance with the manufacturer’s operation and maintenance instructions.
