Chapter NR 439

NR 439.095(3)(b) (b) For boilers connected to a single stack which have individual coal burning rates of less than 25,000 tons per year but which have a combined coal burning rate of 25,000 tons or more per year, monitoring and recording shall begin not later than January 1, 1993.

NR 439.095(4) (4) Monitoring system malfunction. The department may grant a temporary exemption from the monitoring and reporting requirements of this section during any period of monitoring system malfunction if the source owner or operator shows, to the satisfaction of the department, that the malfunction was unavoidable and is being repaired as expeditiously as practicable.

NR 439.095(5) (5) Minimum monitoring requirement. The owner or operator of a source listed in this subsection shall, as a minimum, meet the monitoring requirements of this subsection and sub. (1).

NR 439.095(5)(a) (a) Fossil fuel fired steam generating units. Except as provided for under par. (f) or (g), the owner or operator of a fossil fuel fired steam generating unit subject to sub. (1) shall comply with the monitoring requirements of this paragraph:

NR 439.095(5)(a)1. 1. Opacity. The owner or operator of any steam generating unit which has a total heat input capacity equal to or greater than 250 million Btu per hour shall install, calibrate, maintain and operate a continuous monitoring system which meets the performance specifications of sub. (6) for the measurement of opacity from each stack serving a coal fired boiler or boilers with a maximum combined coal burning rate equal to or greater than 25,000 tons per year, unless the source utilizes an alternative method of compliance determination approved, in writing, by the department.

NR 439.095(5)(a)2. 2. Sulfur dioxide. The owner or operator of any steam generating unit shall install, calibrate, maintain and operate a continuous monitoring system which meets the performance specifications of sub. (6) for the measurement of sulfur dioxide if one of the following applies:

NR 439.095(5)(a)2.a. a. The facility total heat input capacity is equal to or greater than 250 million Btu per hour and the facility has a control system which reduces sulfur dioxide emissions by more than 5% of the uncontrolled sulfur dioxide emission rate.

NR 439.095(5)(a)2.b. b. The maximum coal burning rate of all boilers at the facility which emit to a stack without a sulfur dioxide control system is equal to or greater than 100,000 tons of coal per year, unless the source utilizes an alternative method of compliance determination approved, in writing, by the department which meets the requirements of s. NR 439.085.

NR 439.095(5)(a)3. 3. Nitrogen oxides. The owner or operator of a fossil fuel fired steam generating unit with a capacity greater than 1000 million Btu per hour heat input which is located in a nonattainment area for nitrogen oxides shall install, calibrate, maintain and operate a continuous monitoring system for the measurement of the source’s nitrogen oxides emissions which meets the performance specifications of sub. (6), unless the source’s owner or operator demonstrates by a compliance emission test that the source emits nitrogen oxides at levels 30% or more below the applicable emission limit.

NR 439.095(5)(a)4. 4. Oxygen or carbon dioxide. The owner or operator of a fossil fuel fired steam generating unit where measurement of oxygen or carbon dioxide in the flue gas is required to convert either sulfur dioxide or nitrogen oxides continuous emission monitoring data, or both, to units of the applicable emission limitation shall install, calibrate, operate and maintain a continuous monitoring system for the measurement of percent oxygen or carbon dioxide which meets the performance specifications of sub. (6).

NR 439.095(5)(b) (b) Nitric acid plants. The owner or operator of a nitric acid plant of greater than 300 tons per day production capacity, expressed as 100% acid, which is located in a nonattainment area for nitrogen oxides shall install, calibrate, maintain and operate a continuous monitoring system for the measurement of nitrogen oxides which meets the performance specifications of sub. (6) for each nitric acid producing unit within the plant.

NR 439.095(5)(c) (c) Sulfuric acid plants. The owner or operator of a sulfuric acid plant of greater than 300 tons per day production capacity, expressed as 100% acid, shall install, calibrate, maintain and operate a continuous monitoring system for the measurement of sulfur dioxide which meets the performance specifications of sub. (6) for each sulfuric acid producing unit within the plant.

NR 439.095(5)(d) (d) Fluid bed catalytic cracking unit catalyst regenerators at petroleum refineries. The owner or operator of a catalyst regenerator for fluid bed catalytic cracking units of greater than 20,000 barrels per day fresh feed capacity shall install, calibrate, maintain and operate a continuous monitoring system for the measurement of opacity which meets the performance specifications of sub. (6).

NR 439.095(5)(e) (e) Yeast manufacturing plants. The owner or operator of any yeast manufacturing facility subject to s. NR 424.05 shall install, calibrate, maintain and operate a continuous monitoring system for the measurement of VOCs which meets the performance specifications of the department’s approval issued under sub. (1) for each fermenter which does not use add-on control equipment to meet the emission limitations of s. NR 424.05 (2) (a).

NR 439.095(5)(f) (f) Phase I and phase II affected units. The owner or operator of any phase I or phase II affected unit shall install, calibrate, maintain and operate a continuous monitoring system for the measurement of sulfur dioxide, nitrogen oxides, carbon dioxide, stack flow rate and opacity which meets the performance specifications in sub. (6) for each affected unit, or as approved by the department, for a combination of affected units that share a common stack.

NR 439.095(5)(g) (g) Other steam generating units sharing a common stack. The owner or operator of a combination of steam generating units not regulated under par. (f) that share a common stack or duct may, with department approval, install, calibrate, maintain and operate a single continuous monitoring system for the measurement of stack flow rate, opacity, sulfur dioxide, nitrogen oxides, total reduced sulfur, carbon dioxide, VOCs and hazardous air contaminants that meets the performance specifications in sub. (6).

NR 439.095(6) (6) Performance specifications. The owner or operator of monitoring equipment installed to comply with this section shall install, calibrate, maintain and operate the continuous emission monitor in accordance with the performance specifications in 40 CFR part 60, Appendix B or, for affected units, the performance specifications in 40 CFR part 75, Appendices A to I, incorporated by reference in s. NR 484.04 (21) and (27), and the requirements in s. NR 439.09. The owner or operator of the source shall submit a quality control and quality assurance plan for approval by the department. The monitor shall follow the plan, as approved by the department.

NR 439.095 History History: Renum. from NR 439.075 (3) and am., Register, May, 1992, No. 437, eff. 6-1-92; cr. (1) (e) and (5) (e), Register, June, 1994, No. 462, eff. 7-1-94; am. (6), Register, February, 1995, No. 470, eff. 3-1-95; cr. (1) (f), (5) (f), am. (5) (a) (intro.), (6), Register, April, 1995, No. 472, eff. 5-1-95; am. (2) (intro.), r. (2) (a), (b), Register, December, 1995, No. 480, eff. 1-1-96; am. (5) (a) 2. (intro.), Register, December, 1996, No. 492, eff. 1-1-97; CR 02-146: am. (1) (intro.), (a), (5) (a) (intro.), 1., 2. (intro.) and b., 3. and 4., cr. (1) (g) and (5) (g) Register October 2003 No. 574, eff. 11-1-03.

NR 439.096 NR 439.096 Methods and procedures for combustion optimization. The owner or operator of a unit subject to the combustion optimization requirements of s. NR 428.05 (2) shall comply with all applicable methods and procedures for combustion optimization listed in this section.

NR 439.096(1) (1) General. All combustion optimizations conducted shall be performed according to methods approved in writing by the department. The owner or operator responsible for combustion optimizations shall follow the procedures in this section.

NR 439.096(2) (2) Combustion optimization notification and plan submittal. The department shall be notified in writing at least 45 days in advance of a combustion optimization to provide the department an opportunity to evaluate the plan and to have a representative present to witness the combustion optimization procedures. The notice shall provide a combustion optimization plan which includes, but need not be limited to, the following information:

NR 439.096(2)(a) (a) The results of an engineering study of the process to be optimized. The engineering report shall identify and evaluate the options available for modifications to the process that would optimize combustion while minimizing NOx emissions.

NR 439.096(2)(b) (b) A description of the process or operation variables which affect the air contaminant source’s emissions.

NR 439.096(2)(c) (c) A description of the process to be optimized.

NR 439.096(2)(d) (d) A description of the sampling equipment and the combustion optimization methods and procedures to be used.

NR 439.096(2)(e) (e) The date and starting time of the combustion optimization.

NR 439.096(2)(f) (f) A description of the number and location of any sampling ports and sampling points and an identification of the combustion gases to be sampled.

NR 439.096(2)(g) (g) A statement indicating the production rate and the operating conditions at which the combustion optimization will be conducted.

NR 439.096(3) (3) Combustion optimization plan evaluation. In evaluating the combustion optimization plan, the department shall respond to the source owner or operator within 15 business days of receipt of the plan and may require one or more of the following activities:

NR 439.096(3)(a) (a) A pre-combustion optimization conference which includes the owner or operator of the source, the person conducting the combustion optimization and the department to discuss any deficiencies in the plan or settle any combustion optimization procedure questions the department, the person conducting the combustion optimization or the source owner or operator might have.

NR 439.096(3)(b) (b) Any change to the sampling method that is deemed necessary by the department to conduct a proper combustion optimization.

NR 439.096(3)(c) (c) A rescheduling of the combustion optimization to accommodate witnessing or source production schedules.

NR 439.096(4) (4) Notification of combustion optimization plan revision. The source owner or operator shall notify the department of any modifications to a combustion optimization plan at least 5 business days prior to the combustion optimization. In the event the owner or operator is unable to conduct the combustion optimization on the date specified in the plan, due to unforeseeable circumstances beyond the owner or operator’s control, the owner or operator shall notify the department at least 5 business days prior to the scheduled combustion optimization date and specify the date when the combustion optimization is to be rescheduled.

NR 439.096(5) (5) Proper facilities for combustion optimization. The department may require the owner or operator of a source to provide proper facilities for conducting combustion optimization tests which may include the testing facilities listed in s. NR 439.07 (5) (a) to (e).

NR 439.096(6) (6) Witnessing requirements. The department may require that a department representative be present at any combustion optimization. The department may require the following activities:

NR 439.096(6)(a) (a) The department may require the person conducting the combustion optimization to provide the department a copy of all test data and equipment calibration data prepared or collected for the combustion optimization.

NR 439.096(6)(b) (b) The department may require the source owner or operator and person conducting the combustion optimization to correct any deficiency in the performance of the combustion optimization provided that the department notifies the source owner or operator and person conducting the combustion optimization of the deficiency as soon as it is discovered. The failure of a source owner or operator and person conducting the combustion optimization to correct any deficiency may result in the department refusing to accept the results of the combustion optimization.

NR 439.096(7) (7) Combustion optimization equipment calibration requirements. The components of any emission sampling train or associated sampling equipment listed in this subsection shall be calibrated not more than 60 days before the test. This includes the following:

NR 439.096(7)(a) (a) Any equipment used to measure gas velocity.

NR 439.096(7)(b) (b) Any equipment used to meter sample gas volume.

NR 439.096(7)(c) (c) Any equipment used to regulate sample gas flow.

NR 439.096(7)(d) (d) Any equipment used to measure temperature.

NR 439.096(7)(e) (e) Any gas sampling nozzle used during the emission test.

NR 439.096(7)(f) (f) Any equipment used to determine gas molecular weight.

NR 439.096(7)(g) (g) Any other sampling equipment that requires periodic calibration.

NR 439.096(8) (8) Procedures for conducting combustion optimizations. Any emissions testing conducted in conjunction with combustion optimization shall be conducted in accordance with s. NR 439.07. The combustion optimization shall include the following procedures:

NR 439.096(8)(a) (a) An engineering study to identify the optimized combustion profile or equipment modifications needed to optimize combustion. The study shall address, but is not limited to, the modification of the following systems: fuel delivery, burner, primary and secondary combustion monitoring, combustion air delivery and burner management.

NR 439.096(8)(b) (b) The combustion optimization shall be based on burner tune-up procedures which result in maximum combustion efficiency and a low NOx operating curve. This curve shall determine the operating range of combustion variables such as CO and O2 at set points within the following ranges: 20-30% load, 45-55% load, 70-80% load and 95-100% load, for those set points that represent at least 10% of boiler operating hours in a typical year.

NR 439.096(8)(c) (c) A continuous combustion analyzer shall be used to monitor the operation of the combustion unit in accordance with the combustion efficiency and low NOx operating curve required under this section. The analyzer shall monitor the combustion parameters CO and O2 or monitor NOx directly. The fuel flow rate shall be monitored.

NR 439.096(9) (9) Combustion optimization reporting requirements. The owner or operator of a source that conducts a combustion optimization shall submit a copy of the report of the combustion optimization to the department within 60 days after its completion. If requested, the department may grant an extension of up to 30 days for combustion optimization report submittal. The failure to include the following information in a combustion optimization report may result in rejection of the combustion optimization. The combustion optimization report shall include, but need not be limited to, the following information:

NR 439.096(9)(a) (a) A detailed description of the process optimized and the procedures employed.

NR 439.096(9)(b) (b) A log of the operating conditions of the process optimized and of any associated air pollution control device.

NR 439.096(9)(c) (c) A summary of results, expressed in terms of the concentrations of NOx, O2 and CO, prior to and following the combustion optimization.

NR 439.096(9)(d) (d) Sample calculations employing all the formulas used to calculate the results.

NR 439.096(9)(e) (e) The field and laboratory data for the optimization.

NR 439.096(9)(f) (f) The engineering study and combustion efficiency and low NOx operating curve required under sub. (8) (a) and (b).

NR 439.096(9)(g) (g) The report of any visible emission evaluations performed during the combustion optimization.

NR 439.096(9)(h) (h) A copy of any steam, opacity or airflow charts made during the optimization.

NR 439.096(9)(i) (i) The report of any fuel analysis performed on the fuel burned during the optimization.

NR 439.096(9)(j) (j) Documentation of any process upset occurring during the optimization.

NR 439.096(9)(k) (k) If the combustion optimization being conducted is one required under sub. (10), the changes made to the process or control device since the last test.

NR 439.096(10) (10) Additional combustion optimizations.

NR 439.096(10)(a) (a) The department may require an NOx emissions source to conduct an additional combustion optimization if the department determines that a source has not satisfied the requirements of sub. (8) or (9).

NR 439.096(10)(b) (b) Combustion units that are modified sources with respect to NOx due to a change in the method of operation shall perform a new combustion optimization including the determination of a new combustion efficiency and low NOx operating curve.

NR 439.096 History History: Cr. Register, January, 2001, No. 541, eff. 2-1-01.

NR 439.098 NR 439.098 Methods and procedures for parametric testing of NOx emissions pursuant to an acid rain program alternative NOx emission limitation.

NR 439.098(1) (1) The owner or operator of an affected unit subject to the requirements of s. NR 409.065 may use the following tests as a basis for the report required by s. NR 409.065 (6) (e) 7.

NR 439.098(1)(a) (a) An ultimate analysis of coal conducted according to ASTM D 3176-89, incorporated by reference in s. NR 484.10 (44).

NR 439.098(1)(b) (b) A proximate analysis of coal conducted according to ASTM D 3172-89, incorporated by reference in s. NR 484.10 (41m).

NR 439.098(1)(c) (c) A measurement of the coal mass flow rate to each individual burner using ASME Performance Test Code 4.2-1969 (1997) or ISO 9931 (1991), incorporated by reference in s. NR 484.11 (6) and (8).

NR 439.098(2) (2) The owner or operator of an affected unit subject to the requirements of s. NR 409.065 may measure and record the actual NOx emission rate in accordance with the requirements of s. NR 409.065 while varying the following parameters where possible to determine their effects on the emissions of NOx from the affected boiler:

NR 439.098(2)(a) (a) Excess air levels.

NR 439.098(2)(b) (b) Settings of burners or coal and air nozzles, including tilt and yaw, or swirl.

NR 439.098(2)(c) (c) For tangentially fired boilers, distribution of combustion air within the NOx emission control system.

NR 439.098(2)(d) (d) Coal mass flow rates to each individual burner.

NR 439.098(2)(e) (e) Coal-to-primary air ratio (based on pound per hour) for each burner, the average coal-to-primary air ratio for all burners, and the deviations of individual burners’ coal-to-primary air ratios from the average value.

NR 439.098(2)(f) (f) If the boiler uses varying types of coal, the type of coal; in this case the owner or operator shall provide the results of proximate and ultimate analyses of each type of as-fired coal.

NR 439.098(3) (3) In performing the tests specified in sub. (1), the owner or operator shall begin the tests using the equipment settings for which the NOx emission control system was designed to meet the NOx emission rate guaranteed by the primary NOx emission control system vendor. These results constitute the baseline controlled condition.

NR 439.098(4) (4) After establishing the baseline controlled condition under sub. (3), the owner or operator may do any of the following:

NR 439.098(4)(a) (a) Change excess air levels ±5% from the baseline controlled condition to determine the effects on emissions of NOx, by providing a minimum of 3 readings.

NR 439.098 Note Note: For example, with a baseline reading of 20% excess air, excess air levels will be changed to 19% and 21%.

NR 439.098(4)(b) (b) For tangentially fired boilers, change the distribution of combustion air within the NOx emission control system to determine the effects on NOx emissions by providing a minimum of 3 readings, one with the minimum, one with the baseline, and one with the maximum amounts of staged combustion air.

NR 439.098(4)(c) (c) Show that the combustion process within the boiler is optimized.

NR 439.098 Note Note: For example, boiler optimization can mean that the burners are balanced.

NR 439.098 History History: Cr. Register, November, 1999, No. 527, eff. 12-1-99; correction in (1) (c) made under s. 13.93 (2m) (b) 7., Stats., Register August 2001 No. 548.

NR 439.10 NR 439.10 Circumvention. No person may cause, allow or permit the installation or use of any article, machine, equipment, process or method which conceals an emission which would otherwise constitute a violation of an applicable rule. Concealment includes, but is not limited to, the use of gaseous diluents to achieve compliance and the unnecessary separation of an operation into parts to avoid coverage by a rule that applies only to operations larger than a specified size.

NR 439.10 History History: Renum. from NR 154.06 (8), Register, September, 1986, No. 369, eff.10-1-86; renum. from NR 439.08 and am. Register, September, 1987, No. 381, eff. 10-1-87; CR 02-146: am. Register October 2003 No. 574, eff. 11-1-03.

NR 439.11 NR 439.11 Malfunction prevention and abatement plans.

NR 439.11(1) (1) The owner or operator of any direct or portable source which may emit hazardous substances or emits more than 15 pounds in any day or 3 pounds in any hour of any air contaminant for which emission limits have been adopted shall prepare a malfunction prevention and abatement plan to prevent, detect and correct malfunctions or equipment failures which may cause any applicable emission limitation to be violated or which may cause air pollution. The plan shall be in writing and updated at least every 5 years, and shall include: