NR 446.06
NR 446.06 Baseline mercury emissions for major utilities. This section applies to the determination of baseline mercury emissions for major utilities.
NR 446.06(1)
(1) No later than October 1, 2005, the owner or operator of a major utility shall submit a report to the department that includes information to calculate the baseline mercury emissions of each combustion unit owned or operated by the major utility for calendar years 2002, 2003 and 2004, using the procedures in
s. NR 446.07.
NR 446.06(2)
(2) After reviewing the report provided in
sub. (1), the department shall determine the baseline mercury emissions for each combustion unit of the major utility. The baseline mercury emissions shall be the arithmetic average of the baseline emissions for 2002, 2003 and 2004, unless the department approves an alternative baseline requested by the major utility.
NR 446.06(3)
(3) In the report required under
sub. (1), an owner or operator may request that the department determine an alternative baseline if the 3 years are not representative of the source's normal operations and maintenance schedule. This request shall include sufficient information to demonstrate that an alternative baseline is appropriate, a proposed alternative baseline, and information sufficient to document how the proposed alternative baseline was determined.
NR 446.06(4)
(4) No later than January 1, 2007, the department shall provide written notification to each owner or operator who submitted a report under
sub. (1) of the department's determination of the baseline mercury emissions for each combustion unit of the major utility.
NR 446.06 Note
Note: Combustion units for which the owner or operator is required to establish baseline mercury emissions are Alma Units 4 & 5, Genoa Unit 1, J.P. Madgett Unit 1, Pleasant Prairie Units 1 & 2, Port Washington Units 1, 2, 3 & 4, South Oak Creek Units 5, 6, 7 & 8, Valley Units 1, 2, 3 & 4, Columbia Units 1 & 2, Edgewater Units 3, 4 & 5, Nelson Dewey Units 1 & 2, Rock River Units 1 & 2, Pulliam Units 3, 4, 5, 6, 7 & 8 and Weston Units 1, 2 & 3.
NR 446.06 History
History: CR 01-081: cr. September 2004 No. 585, eff. 10-1-04;
CR 07-036: renum. from NR 446.03, am. (1)
Register November 2008 No. 635, eff. 12-1-08.
NR 446.07
NR 446.07 Procedures for determining baseline mercury emissions for major utilities. The owner or operator of a major utility shall calculate baseline mercury emissions of the combustion units of the major utility using the procedures of this section for each emissions unit and provide all associated data to the department in the report required under
s. NR 446.06 (1).
NR 446.07(1)
(1) No later than the first day of the 2
nd month beginning after October 1, 2004, and continuing for a calendar 12 month period, a representative sample shall be collected weekly for each solid fossil fuel used in the emissions unit in that week. Each weekly sample of a fuel collected under this subsection shall be composited into a monthly sample that shall be analyzed for mercury content using ASTM D3684-01, incorporated by reference in
s. NR 484.10 (47m), or an equivalent method approved by the department.
NR 446.07(2)
(2) The mercury content of each non-solid fossil fuel shall be determined either through testing according to the procedures in ASTM D3684-01, incorporated by reference in
s. NR 484.10 (47m), or an equivalent method approved by the department or from published data which lists the mercury content of the fuel.
NR 446.07(3)
(3) The major utility shall determine the monthly consumption of each fuel in million British thermal units (mmBtu), using methods and procedures specified in Appendices A, B, C and F of
40 CFR part 75, incorporated by reference in
s. NR 484.04 (26m) (a) to
(d). The major utility may apportion the fuel mmBtu to individual fuels for which the mercury content is determined under
sub. (1) or
(2), using consumption and delivery records for the fuels.
NR 446.07(4)
(4) The information gathered in
subs. (1) and
(2) shall be multiplied by the corresponding fuel consumption rates determined under
sub. (3) to determine the total annual mercury contained in each fuel.
NR 446.07(5)
(5) The mercury content for each fuel, on a mmBtu-basis, shall be computed by dividing the results of
sub. (4) by the amount of each fuel burned, in mmBtus, during the 12 month sampling period.
NR 446.07(6)
(6) The mercury emissions for 2002, 2003 and the 12 months identified in
sub. (1) shall be calculated by multiplying the results of
sub. (5) times the annual fuel consumption for each of those years.
NR 446.07(7)
(7) The baseline mercury emissions shall be the 3-year arithmetic average of the mercury emissions determined under
subs. (4) and
(6) for 2002, 2003 and the 12 months identified in
sub. (1).
NR 446.07(8)
(8) The major utility shall record and report the baseline determination data and calculations for each combustion unit, including the type or types of fuel, the monthly consumption of each fuel in mmBtus, and the mercury concentration in each fuel.
NR 446.07(9)
(9) The owner or operator of a major utility may request that alternative procedures for determining baseline mercury emissions be approved by the department.
NR 446.07 History
History: CR 01-081: cr. September 2004 No. 585, eff. 10-1-04;
CR 07-036: renum. from NR 446.04, am. (intro.)
Register November 2008 No. 635, eff. 12-1-08.
NR 446.08
NR 446.08 Annual mercury emissions determination and reporting for major utilities. NR 446.08(1)
(1) The owner or operator of an emissions unit subject to the requirements of
s. NR 446.05 shall determine and report to the department, by March 1, annual mercury emissions for each emissions unit, beginning with calendar year 2010 emissions and ending with calendar year 2014 emissions, using the following formula:
Annual Mercury Emissions = Fuel Use ×
Mercury Content of Fuel × Reduction of
Mercury Prior to its Release to the Atmosphere
where:
NR 446.08(1)(a)
(a) Fuel use is the amount of fuel combusted in the combustion unit, as measured by the procedures specified in Appendices A, B, C and F of
40 CFR part 75, incorporated by reference in
s. NR 484.04 (26m) (a) to
(d). The total amount of the fuel combusted in mmBtus may be apportioned to individual fuels, using consumption and delivery records for the fuels.
NR 446.08(1)(b)
(b) Mercury content of the fuel is determined according to ASTM D3684-01, incorporated by reference in
s. NR 484.10 (47m), or an equivalent method approved by the department, following the procedures in
s. NR 446.07 (1),
(2) and
(3).
NR 446.08(1)(c)
(c) Reduction of mercury is calculated through source performance tests which follow the procedures in this paragraph. A value of one is assumed for natural gas fired combustion units that are exempt from performance testing under
sub. (6).
NR 446.08(1)(c)2.
2. A sample of the fuel burned during the test shall be analyzed for mercury content, using ASTM D3684-01, incorporated by reference in
s. NR 484.10 (47m), or an equivalent method approved by the department. During each of the 3 runs of the performance test, a separate sample of the fuel being burned during the run shall be collected and analyzed.
NR 446.08(1)(c)3.
3. During the source performance testing, the consumption of fuel shall be monitored and recorded.
NR 446.08(1)(c)4.
4. The major utility shall submit to the department the information obtained in
subds. 1. to
3. and the calculations for the percent removal efficiency of mercury.
NR 446.08(1)(d)
(d) The department may require that more than one source performance test be conducted if a single test is determined not to be representative of conditions at the combustion unit.
NR 446.08(2)
(2) Nothing in this section shall prohibit the department from requiring major utilities to use other methods of determining annual mercury emissions.
NR 446.08(3)
(3) The owner or operator of a major utility may request that alternative methods for determining annual mercury emissions be approved by the department.
NR 446.08(4)
(4) All units subject to
s. NR 446.05, with an electrical generating capacity equal to or greater than 200 MW, and all units that undergo process changes or change control equipment after January 1, 2006, shall have source performance tests conducted during calendar years 2010 and 2013.
NR 446.08(5)
(5) The owner or operator of a major utility shall use the results of the most recently conducted source performance test for calculating the reduction efficiency under
sub. (1) (c).
NR 446.08(6)
(6) Combustion units subject to
s. NR 446.06 that exclusively combust natural gas are not subject to the source performance testing requirements of this section.
NR 446.08 History
History: CR 01-081: cr. September 2004 No. 585, eff. 10-1-04;
CR 07-036: renum. from NR 446.09, am. (title), (1) (intro.), (b), (c) 1., (d) and (4)
Register November 2008 No. 635, eff. 12-1-08.
NR 446.09(1)
(1) Except for those units that are excluded under
sub. (2), this subchapter applies to the owner or operator of a coal-fired EGU, serving at any time, since the startup of the unit's combustion chamber, a generator with nameplate capacity of more than 25 MWe producing electricity for sale.
NR 446.09(2)
(2) A cogeneration unit which otherwise satisfies the applicability statement of
sub. (1) is exempt from this subchapter if the cogeneration unit, during the 12-month period starting on the date the unit first produces electricity and continues to qualify as a cogeneration unit, and which does not serve at any time, since the later of November 15, 1990 or the start-up of the cogeneration unit's combustion chamber, a generator with a nameplate capacity of more than 25 MWe supplying in any calendar year more than one-third of the cogeneration unit's potential electric output capacity or 219,000 MWh, whichever is greater, to any utility power distribution system for sale.
NR 446.09(3)
(3) If a coal-fired EGU qualifies as a cogeneration unit during the 12-month period starting on the date the unit first produces electricity and meets the exemption requirements of
sub. (2) for at least one calendar year, but subsequently no longer meets the exemption requirements, the coal-fired EGU shall become subject to this subchapter starting January 1 of the following calendar year.
NR 446.09 History
History: CR 07-036: cr.
Register November 2008 No. 635, eff. 12-1-08.
NR 446.10
NR 446.10 Definitions. The definitions contained in
ch. NR 400 and in
s. NR 446.02 apply to the terms used in this subchapter. In addition, the following definitions apply to the terms used in this subchapter:
NR 446.10(1)
(1) “Boiler" means an enclosed combustion device used to produce heat and to transfer heat to recirculating water, steam or other medium.
NR 446.10(2)
(2) “Coal-fired" means combusting any amount of coal or coal-derived fuel, alone or in combination with any amount of any other fuel.
NR 446.10(3)
(3) “Cogeneration" means an EGU that simultaneously produces both electrical or mechanical, and useful thermal energy from the same primary energy source.
NR 446.10(4)
(4) “Combustion turbine" means an enclosed device comprising a compressor, a combustor and a turbine and in which the flue gas resulting from the combustion of fuel in the combustor passes through the turbine, rotating the turbine. If the enclosed device is combined cycle, the combustion turbine includes any associated duct burner, heat recovery steam generator and steam turbine.
NR 446.10(5)
(5) “Electric generating unit" or “EGU" means a boiler or a combustion turbine serving a generator that produces electricity.
NR 446.10(6)
(6) “Gross electrical output" means electricity made available for use, including any electricity used in the power production process. A power production process includes any on-site processing or treatment of fuel combusted at the EGU and any on-site emission controls.
NR 446.10(7)
(7) “Large coal-fired EGU" means an electric generating unit serving a generator with nameplate capacity 150 megawatts and greater.
NR 446.10(8)
(8) “Process energy efficiency" means, with regard to cogeneration, the percentage of thermal energy used in the process excluding any energy contained in condensate return, makeup water, and system losses divided by the process internal energy input.
NR 446.10(9)
(9) “Process thermal energy input" means, with regard to cogeneration, the total amount of thermal energy made available to a process for use other than for generating electricity.
NR 446.10(10)
(10) “Small coal-fired EGU" means an electric generating unit serving a generator with a nameplate capacity greater than 25 megawatts but less than 150 megawatts.
NR 446.10(11)
(11) “Useful thermal energy" means, with regard to cogeneration, thermal energy that is any of the following:
NR 446.10(11)(a)
(a) Made available to an industrial or commercial process, not a power production process, excluding any heat contained in condensate return or makeup water.
NR 446.10(11)(b)
(b) Used in a heating application, such as space heating or hot water heating.
NR 446.10(11)(c)
(c) Used in space cooling application, such as thermal energy used by an absorption chiller.
NR 446.10 History
History: CR 07-036: cr.
Register November 2008 No. 635, eff. 12-1-08.
NR 446.11
NR 446.11 Mercury emission limits for new or modified coal-fired electric generating units. Notwithstanding the provisions of
s. NR 446.03, after December 1, 2008, no person may commence construction, or commence a modification with respect to mercury, of a coal-fired EGU unless the department finds that a 90% mercury emission reduction as measured from the mercury content of fuel combusted will be achieved.
NR 446.11 History
History: CR 07-036: cr.
Register November 2008 No. 635, eff. 12-1-08.
NR 446.12
NR 446.12 Mercury emission limits for small coal-fired electric generating units. NR 446.12(1)
(1) Beginning April 16, 2016, an owner or operator of a small coal-fired EGU shall limit mercury emissions to a level that is determined by the department to be best available control technology.
NR 446.13
NR 446.13 Mercury emission limits for large coal-fired electric generating units. NR 446.13(1)
(1) Beginning April 16, 2016, an owner or operator of a large or a small coal-fired EGU designated by the department to meet the emission limitation in this subsection under
s. NR 446.17 (2) (b) shall achieve a minimum of 90% mercury emission reduction as measured from the mercury content of fuel combusted or limit mercury emissions annually to 0.0080 pounds per gigawatt-hour (lbs/GWh) of electricity produced.
NR 446.13(2)
(2) An owner or operator may achieve compliance with
sub. (1) by either of the following methods:
NR 446.13(2)(a)
(a)
Unit-by-unit compliance. Demonstrating that the mercury emissions from each coal-fired EGU meet either of the mercury emission limits in
sub. (1) using the measurement methods and calculation procedures in
s. NR 446.18.
NR 446.13(2)(b)
(b)
Unit averaging. Demonstrating that the sum of the mercury emissions from all coal-fired EGUs subject to the mercury emission limits in
sub. (1) does not exceed the sum of the annual allowable mercury emissions for the coal-fired EGUs using the measurement methods and calculation procedures in
s. NR 446.18.
NR 446.14
NR 446.14 Multipollutant reduction alternative for coal-fired electrical generating units. NR 446.14(1)
(1) An owner or operator of a large or small coal-fired EGU may elect to meet the emission limitations in this section instead of the emission limitations of
s. NR 446.12 or
446.13 in accordance with the provisions of
s. NR 446.17 (2). The following annual emission limitations for NO
x, SO
2 and mercury apply to each unit for which the owner or operator makes an election under this section:
NR 446.14(1)(a)
(a) For NO
x, beginning April 16, 2016, 0.07 pounds per mmBtu of heat input.
NR 446.14(1)(b)
(b) For SO
2, beginning April 16, 2016, 0.10 pounds per mmBtu of heat input.
NR 446.14(1)(c)1.
1. Beginning April 16, 2016 and to December 31, 2017, a 70% mercury emission reduction as measured from the mercury content of fuel combusted or 0.0190 pounds per gigawatt-hour (lbs/GWh).
NR 446.14(1)(c)2.
2. Beginning January 1, 2018 and to December 31, 2020, an 80% mercury emission reduction as measured from the mercury content of fuel combusted or 0.0130 pounds per gigawatt-hour (lbs/GWh).
NR 446.14(1)(c)3.
3. Beginning January 1, 2021, a 90% mercury emission reduction as measured from the mercury content of fuel combusted or 0.0080 pounds per gigawatt-hour (lbs/GWh).
NR 446.14(2)
(2) An owner or operator may achieve compliance with
sub. (1) by either of the following methods:
NR 446.14(2)(a)
(a)
Unit-by-unit compliance. Demonstrating that the mercury, NO
x and SO
2 emissions from each coal-fired EGU meet the applicable emission limitation in
sub. (1) using the measurement methods and calculation procedures in
s. NR 446.18.
NR 446.14(2)(b)
(b)
Unit averaging. Demonstrating that for each pollutant, the sum of the emissions from all coal-fired EGUs subject to the emission limits in
sub. (1) do not exceed the sum of the annual allowable mercury, NO
x or SO
2 emissions for the coal-fired EGUs using the measurement methods and calculation procedures in
s. NR 446.18.
NR 446.14 History
History: CR 07-036: cr.
Register November 2008 No. 635, eff. 12-1-08;
CR 13-089: am. (1) (a), (b), (c) 1. Register July 2014 No. 703, eff. 8-1-14. NR 446.15
NR 446.15 Early mercury emission reduction credits. NR 446.15(1)(1) An owner or operator of a coal-fired EGU that is subject to this subchapter may request that the department certify excess mercury emission reductions as early emission reduction credits.
NR 446.15(2)
(2) The department may only certify emission reductions that meet either of the following criteria as early emission reduction credits:
NR 446.15(2)(a)
(a) Emission reductions achieved by major utilities in calendar years 2010 to 2014 in excess of the emission limitation in
s. NR 446.05.
NR 446.15(3)
(3) Beginning March 1, 2011, and on or before March 1, 2021, owners and operators may request in the annual compliance report required in
s. NR 446.17 (1), that the department certify excess mercury reductions from the previous calendar year as early emission reduction credits. The department shall provide written notice within 60 days of the receipt of a request approving or denying the early emission reduction credit request.
NR 446.15(4)
(4) The department shall certify the emission reductions, in terms of pounds of mercury emissions reduced, as early emission reduction credits if the owner or operator demonstrates to the department that the reductions are actual mercury emission reductions that are not required under any state or federal law, court order or air permit condition.
