NR 428.04(2)(g)1.b. b. 9 parts per million dry volume (ppmdv), corrected to 15% oxygen, on a 30-day rolling average basis for a simple cycle combustion turbine with a maximum design power output of 40 MWe or greater but less than 85 MWe.
NR 428.04(2)(g)1.c. c. 25 parts per million dry volume (ppmdv), corrected to 15% oxygen, on a 30-day rolling average basis for a simple cycle combustion turbine with a maximum design power output of less than 40 MWe.
NR 428.04(2)(g)1.d. d. 3 parts per million dry volume (ppmdv), corrected to 15% 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.
NR 428.04(2)(g)1.e. e. 14 parts per million dry volume (ppmdv), corrected to 15% oxygen, on a 30-day rolling average basis for a combined cycle combustion turbine with a maximum design power output of less than 25 MWe.
NR 428.04(2)(g)2. 2. Distillate fuel oil-fired units. No person may cause, allow or permit nitrogen oxides to be emitted from a distillate fuel oil-fired combustion turbine in amounts greater than those specified in this subdivision.
NR 428.04(2)(g)2.a. a. 25 parts per million dry volume (ppmdv), corrected to 15% oxygen, on a 30-day rolling average basis for a simple cycle combustion turbine with a maximum design power output of 85 MWe or greater.
NR 428.04(2)(g)2.b. b. 25 parts per million dry volume (ppmdv), corrected to 15% oxygen, on a 30-day rolling average basis for a simple cycle combustion turbine with a maximum design power output of 40 MWe or greater but less than 85 MWe.
NR 428.04(2)(g)2.c. c. 65 parts per million dry volume (ppmdv), corrected to 15% oxygen, on a 30-day rolling average basis for a simple cycle combustion turbine with a maximum design power output of less than 40 MWe.
NR 428.04(2)(g)2.d. d. 8 parts per million dry volume (ppmdv), corrected to 15% 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.
NR 428.04(2)(g)2.e. e. 25 parts per million dry volume (ppmdv), corrected to 15% oxygen, on a 30-day rolling average basis for a combined cycle combustion turbine with a maximum design power output of less than 25 MWe.
NR 428.04(2)(g)3. 3. Units fired by an integrated gasification process. No person may cause, allow or permit nitrogen oxides to be emitted from a combined cycle combustion turbine that is fired by fuel derived from an integrated gasification process in amounts greater than 15 parts per million dry volume (ppmdv), corrected to 15% oxygen, on a 30-day rolling average basis.
NR 428.04(2)(g)4. 4. Units fired by a biologically derived gaseous fuel. No person may cause, allow or permit nitrogen oxides to be emitted from a biologically derived gaseous fuel fired combustion turbine in amounts greater than those specified in this subdivision.
NR 428.04(2)(g)4.a. a. 35 parts per million dry volume (ppmdv), corrected to 15% oxygen, on a 30-day rolling average basis for a simple cycle combustion turbine.
NR 428.04(2)(g)4.b. b. 35 parts per million dry volume (ppmdv), corrected to 15% oxygen, on a 30-day rolling average basis for a combined cycle combustion turbine.
NR 428.04(2)(h) (h) Reciprocating engines. No person may cause, allow or permit nitrogen oxides to be emitted from a reciprocating engine in amounts greater than those specified in this paragraph.
NR 428.04(2)(h)1. 1. 6.9 grams per brake horsepower-hour for a compression ignition unit with a maximum design power output of 1000 hp or greater.
NR 428.04(2)(h)2. 2. 4.0 grams per brake horsepower-hour for a spark ignition unit with a maximum design power output of 1000 hp or greater.
NR 428.04(3) (3) Monitoring requirements.
NR 428.04(3)(a)(a) General requirements.
NR 428.04(3)(a)1.1. The owner or operator of each NOx emissions unit subject to the requirements of sub. (2) shall comply with the monitoring requirements of subch. III.
NR 428.04(3)(a)2. 2. The emissions measurements recorded and reported in accordance with subch. III shall be used to determine compliance by the unit with the applicable NOx emissions performance standard under sub. (2).
NR 428.04(3)(b) (b) Specific requirements. The owner or operator of each NO x emissions unit subject to the requirements of sub. (2) shall determine the unit's average NOx 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.
NR 428.04(4) (4) Recordkeeping and reporting requirements.
NR 428.04(4)(a) (a) Except as provided in subd. 1., 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.
NR 428.04(4)(a)1. 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.
NR 428.04(4)(a)2. 2. Copies of all reports, compliance certifications and other submissions and all records made or required under the NOx emissions performance program.
NR 428.04(4)(b) (b) The owner or operator of the NOx emissions source shall submit the compliance reports and certifications required under the NOx emissions performance program in conjunction with those required under the construction permit requirements of ch. NR 406 and the operation permit requirements of s. NR 407.09.
NR 428.04 History History: Cr. Register, January, 2001, No. 541, eff. 2-1-01; CR 02-076: cr. (2) (g) 3. Register November 2002 No. 563, eff. 12-1-02; CR 03-049: am. (2) (g) 1., cr. (2) (g) 4. Register December 2003 No. 576, eff. 1-1-04; CR 07-016: am. (2) (h) 1. and 2. Register July 2007 No. 619, eff. 8-1-07; CR 08-103: am. (1) and (3) (b) Register August 2009 No. 644, eff. 9-1-09.
NR 428.05 NR 428.05Requirements and performance standards for existing sources.
NR 428.05(1)(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.
NR 428.05(2) (2) NO x emissions optimization.
NR 428.05(2)(a) (a) The requirements of this subsection do not apply to emissions units which are subject to the emission limits of sub. (3).
NR 428.05(2)(b) (b) Except as provided in par. (a) or (c), the following categories of NOx emissions units listed in this subsection shall complete a combustion optimization to minimize NOx emissions in accordance with s. NR 439.096 by December 31, 2002.
NR 428.05(2)(b)1. 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%.
NR 428.05(2)(b)2. 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%.
NR 428.05(2)(b)3. 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%.
NR 428.05(2)(b)4. 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%.
NR 428.05(2)(b)5. 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%.
NR 428.05(2)(b)6. 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%.
NR 428.05(2)(c) (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.
NR 428.05(2)(d) (d) The owner or operator of an NOx 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.
NR 428.05(2)(e) (e) The owner or operator of a source subject to the NOx 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 NOx 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.
NR 428.05(3) (3) Performance standards.
NR 428.05(3)(a)(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:
NR 428.05(3)(a)1. 1. 0.33 pound per million Btu of heat input on a 30-day rolling average basis, on or after December 31, 2002.
NR 428.05(3)(a)2. 2. 0.31 pound per million Btu of heat input on a 30-day rolling average basis, on or after December 31, 2003.
NR 428.05(3)(a)3. 3. 0.30 pound per million Btu of heat input on a 30-day rolling average basis, on or after December 31, 2004.
NR 428.05(3)(a)4. 4. 0.29 pound per million Btu of heat input on a 30-day rolling average basis, on or after December 31, 2005.
NR 428.05(3)(a)5. 5. 0.29 pound per million Btu of heat input on a 30-day rolling average basis, on or after December 31, 2006.
NR 428.05(3)(a)6. 6. 0.28 pound per million Btu of heat input on a 30-day rolling average basis, on or after December 31, 2007.
NR 428.05(3)(b) (b) Other boilers. The requirements of this paragraph apply to boilers which are not subject to the emission limits of par. (a).
NR 428.05(3)(b)1. 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:
NR 428.05(3)(b)1.a. a. 0.45 pound per million Btu of heat input on a 30-day rolling average basis for cyclone-fired boilers.
NR 428.05(3)(b)1.b. b. 0.20 pound per million Btu of heat input on a 30-day rolling average basis for fluidized bed combustion boilers.
NR 428.05(3)(b)1.d. d. 0.30 pound per million Btu of heat input on a 30-day rolling average basis for pulverized coal-fired boilers.
NR 428.05(3)(b)2. 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.
NR 428.05(3)(b)3. 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.
NR 428.05(3)(b)4. 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.
NR 428.05(3)(c) (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.
NR 428.05(3)(d) (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:
NR 428.05(3)(d)1. 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.
NR 428.05(3)(d)2. 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.
NR 428.05(3)(e) (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:
NR 428.05(3)(e)1. 1. 9.5 grams per brake horsepower-hour for rich-burn units.
NR 428.05(3)(e)2. 2. 10.0 grams per brake horsepower-hour for lean-burn units.
NR 428.05(3)(e)3. 3. 8.5 grams per brake horsepower-hour for distillate fuel oil-fired units.
NR 428.05(3)(e)4. 4. 6.0 grams per brake horsepower-hour for dual-fuel units.
NR 428.05(4) (4) Monitoring requirements.
NR 428.05(4)(a)(a) General requirements.
NR 428.05(4)(a)1.1. The owner or operator of each NOx emissions unit subject to the requirements of sub. (3) shall comply with the monitoring requirements of subch. III.
NR 428.05(4)(a)2. 2. The emissions measurements recorded and reported in accordance with subch. III shall be used to determine compliance by the unit with the NOx emissions performance standard under sub. (3).
NR 428.05(4)(b) (b) Specific requirements.
NR 428.05(4)(b)1.1. The owner or operator of an emissions unit subject to the requirements of sub. (3) (a) shall determine the average NOx 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).
NR 428.05(4)(b)2. 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 NOx 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.
NR 428.05(5) (5) Recordkeeping and reporting requirements.
NR 428.05(5)(a) (a) Unless otherwise provided, the owner or operator of each NOx 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:
NR 428.05(5)(a)1. 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.
NR 428.05(5)(a)2. 2. Copies of all reports, compliance certifications and other submissions and all records made or required under the NOx emissions performance program.
NR 428.05(5)(b) (b) The owner or operator of the NOx emissions source shall submit the compliance reports and certifications required under the NOx emissions performance program in conjunction with those required under the operation permit requirements of s. NR 407.09.
NR 428.05 History History: 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.
subch. II of ch. NR 428 Subchapter II — NOx Emissions Performance Program Compliance Provisions
NR 428.06 NR 428.06Determination of compliance.
NR 428.06(1)(1)Emissions unit compliance. Except as provided in sub. (2), each emissions unit subject to the requirements of s. NR 428.04 (2) or 428.05 (3) shall demonstrate compliance with the applicable performance standards under those provisions on a per unit basis.
NR 428.06(2) (2) Unit ozone season nox emissions averaging program.
NR 428.06(2)(a)(a) Except as provided in par. (b), units subject to s. NR 428.05 (3) (a) may participate in an ozone season NOx emission averaging program for purposes of demonstrating compliance with ozone season NOx emission limitations in s. NR 428.05 (3) during the ozone seasons of calendar years 2003 and later.
NR 428.06(2)(b) (b) Excess NO x emission reductions from emissions units subject to s. NR 428.05 that are used in an ozone season NOx emissions averaging program under this subchapter may not be used for demonstrating compliance by an emissions unit with an NOx emission limitation established under ch. NR 405 or 408 or s. NR 409.065 or 428.04.
NR 428.06(2)(c) (c) Excess NO x emission reductions, for purposes of meeting the requirements of this subchapter, shall be emissions reductions beyond those required to meet all state and federal requirements. In addition, excess emission reductions shall be quantifiable through the monitoring requirements under ss. NR 428.05 and 428.07, and enforceable.
NR 428.06(3) (3) Aggregate limit on ozone season emissions. All units participating in an ozone season NOx emissions averaging program after December 31, 2007 shall be subject to an aggregate limit on the total tons of NOx which may be emitted during the ozone season as determined under sub. (4) (e).
NR 428.06(4) (4) Prospective emissions averaging plan. An owner or operator of an emissions unit who wishes to participate in an ozone season NOx emissions averaging program shall submit a prospective emissions averaging plan to notify the department of all the owner's or operator's emissions units participating in an ozone season NOx emissions averaging program. This plan shall establish compliance requirements for each unit and for all units in the aggregate with respect to emissions rate limitations and mass emissions limitations. The plan shall estimate each participating unit's anticipated operation to meet these requirements.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.