1

AIR POLLUTION CONTROL OPERATION PERMIT RENEWAL 

EI FACILITY NO: 438022420 PERMIT NO: 438022420-P10 

 

 

TYPE: Renewal of Part 70 source operation permit no. 438022420-P01 

 

In compliance with the provisions of Chapter 285, Wis. Stats., and Chapters NR 400 to NR 499, Wis. Adm. Code, 

Name of Source: Madison Gas & Electric - West Marinette Facility 

 Street Address: W1830 West Cleveland Avenue 

 Peshtigo 

 Marinette County, Wisconsin 

Responsible Official, & Title: Peter J. Waldron, 

 Vice President and Operations Officer 

is authorized to operate an existing simple cycle combustion turbine in conformity with the conditions herein. 

This renewed operation permit expires on August 31, 2015 [Section NR 407.09(1)(b)1., Wis. Adm. Code]. 

A renewal application must be submitted at least 6 months, but not more than 18 months, prior to the expiration 

date [ss. 285.66(3)(a), Wis. Stats. and NR 407.04(2), Wis. Adm. Code]. 

No permittee may continue operation of a source after the operation permit expires, unless the permittee submits a timely 

and complete application for renewal of the permit. If a timely and complete application for renewal is submitted, the 

existing operation permit will not expire until the renewal application has been finally acted upon by DNR. [ss. 227.51(2), 

Wis. Stats. and NR 407.04(2), Wis. Adm. Code]. 

Conditions of the operation permit marked with an asterisk (*) have been created outside of the Wisconsin’s federally 

approved State Implementation Plan (SIP) and are not federally enforceable. 

This authorization requires compliance by the permit holder with the emission limitations, monitoring requirements and 

other terms and conditions set forth in Parts I, II and III hereof. 

Dated at Green Bay, Wisconsin August 31, 2010 

STATE OF WISCONSIN 

DEPARTMENT OF NATURAL RESOURCES 

For the Secretary 

By /s/ Richard J. Wulk 

Richard J. Wulk 

Environmental Engineer Supervisor 
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PREAMBLE TO OPERATION PERMIT 

An Asterisk (*) throughout this document denotes legal authority, limitations and conditions which are not federally 

enforceable. [Section NR 407.09(3)(b), Wis. Adm. Code] 

Historical Summary of Permits/Orders Issued to the Facility. 

The following permits, orders, etc., are adopted, under ss. 285.65(3), Wis. Stats., and NR 407.09(2)(d), Wis. 

Adm. Code, by Permit 438022420-P10 which then becomes the primary enforceable document.

Permit Number Date Issued Description 

99-RV-001 July 26, 1999 Construction of B04, a 102 MW simple cycle combustion turbine. 

Superseded by Permit #99-RV-136. 

99-RV-136 January 19, 2000 Construction permit. Modified B04's Nitrogen Oxide (NOx) BACT 

limit. 

99-RV-136-OP December 6, 2004 ConOp for construction permit #99-RV-136. Issued concurrently 

with the original operation permit. 

99-RV-136-OP-R1 December 6, 2004 Revision of the ConOp for construction permit #99-RV-136. 

Corrected stack parameter requirements. Issued concurrently with 

the original operation permit. 

438022420-P01 December 6, 2004 Original operation permit. 

Stack and Process Index

Significant Emissions Units: 

A. S04, B04 - 102 MW Simple Cycle Combustion Turbine Generator (unit M34) 

B. S14, P14 - 3.5 million BTU per hour natural gas-fired pipeline heater 

Insignificant Emissions Units: 

•

•

•

•

•

•

•

•

•

•

•

•

•

•

•

•

•

Maintenance of grounds, equipment and buildings; 

Boiler, turbine and HVAC system maintenance; 

Fuel oil storage tanks (500,000 gallons); 

Stockpiled contaminated soils 

Demineralization and oxygen scavenging of water for boilers; 

Purging of natural gas lines; 

Sanitary sewer and plumbing venting; 

Pollution control equipment maintenance; 

Internal combustion engines used for warehouse or material transport; 

Fire control equipment; 

Janitorial services; 

Office activities; 

Convenience water heating; 

Convenience space heating 

Gravel roads and parking lots; 

Lubricating oil systems; and 

Inlet air filters. 

This facility is subject to New Source Performance Standards (NSPS). 
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Permit Shield Unless precluded by the Administrator of the USEPA, compliance with all emission limitations in this 

operation permit is considered to be compliance with all emission limitations established under ss. 285.01 to 285.87, Wis. 

Stats., and emission limitations under the federal clean air act, that are applicable to the source if the permit includes the 

applicable limitation or if the Department determines that the emission limitations do not apply. The following emission 

limitations were reviewed in the analysis and preliminary determination and were determined not to apply to this stationary 

source: 

1. Emission limits in s. NR 445.07(1), Wis. Adm. Code, do not apply to this facility. The facility uses only natural gas and 

distillate fuel oil, which are Group 1 virgin fossil fuels. Emissions from combustion of virgin fossil fuels are exempt from 

s. NR 445.07(1), Wis. Adm. Code under the exemption in s. NR 445.07(5)(a), Wis. Adm. Code. 

2. 40 CFR Part 63, Subpart YYYY, the NESHAP for combustion turbines, does not apply to the combustion turbine. The 

facility is an area source of hazardous air pollutants (HAP) because the potential to emit HAP is less than 10 tons per year 

for each individual HAP, and less than 25 tons per year for all HAPs combined. Subpart YYYY does not apply to 

combustion turbines located at area sources. 

3. Compliance Assurance Monitoring (CAM) requirements of 40 CFR Part 64 do not apply to nitrogen oxide emissions 

from the combustion turbine. Nitrogen oxide emissions from natural gas combustion are not controlled by a control device, 

but rather by the inherent design of the low-NOx burners and operation in pre-mix mode. Therefore, when operating on 

natural gas the facility does not use a control device to achieve compliance. When using distillate fuel oil, the facility 

continuously monitors the water to fuel ratio, which is correlated with the nitrogen oxide emission rate. This monitoring 

meets the definition of a continuous compliance determination method; therefore CAM requirements do not apply under 

Part 64, s. 64.2(b)(1)(vi). 

Part I The headings for the areas in the permit are defined below. The legal authority for these limitations or methods 

follows them in [brackets]. 

Pollutant -- This area will note which pollutant is being regulated by the permit. 

Limitations -- This area will list all applicable emission limitations that apply to the source, including case-by-case 

limitations such as Latest Available Control Techniques (LACT), Best Available Control Technology (BACT), or 

Lowest Achievable Emission Rate (LAER). It will also list any voluntary restrictions on hours of operation, raw 

material use, or production rate requested by the permittee to limit potential to emit. 

Compliance Demonstration -- The compliance demonstration methods outlined in this area may be used to 

demonstrate compliance the associated emission limit or work practice standard listed under the corresponding 

Limitations area. The compliance demonstration area contains limits on parameters or other mechanisms that will 

be monitored periodically to ensure compliance with the limitations. The requirement to test as well as initial and 

periodic test schedules, if testing is required, will be stated here. Notwithstanding the compliance determination 

methods which the owner or operator of a sources is authorized to use under ch. NR 439, Wis. Adm. Code, the 

Department may use any relevant information or appropriate method to determine a source's compliance with 

applicable emission limitations. 

Reference Test Methods, Recordkeeping, and Monitoring Requirements -- Specific USEPA Reference test 

methods or other approved test methods will be contained in this area and are the methods that must be used 

whenever testing is required. A reference test method will be listed even if no testing is immediately required. 

Also included in this area are any recordkeeping requirements and their frequency and reporting requirements. 

Accuracy of monitoring equipment shall meet, at a minimum, the requirements of ss. NR 439.055(3) and (4), Wis. 

Adm. Code, as specified in Part II of this permit. 

Condition Type -- This area will specify other conditions that are applicable to the entire facility that may not be 

tied to one specific pollutant. 

Conditions -- Specific conditions usually applicable to the entire facility or compliance requirements. 

PART II -- This section contains the general limitations that the permittee must abide by. These requirements are standard 

for most sources of air pollutants so they are included in this section with every permit. 
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PART I 

APPLICABLE LIMITATIONS AND SPECIFIC CONDITIONS

A. S04, B04 - 102 MW Simple cycle combustion turbine generator, installed in 2000. This turbine fires natural gas or distillate fuel oil. T

rated capacity of 1,095 mmBTU/hr heat input. 

POLLUTANT a. LIMITATIONS AND REQUIREMENTS b. COMPLIANCE DEMONSTRATION c. REFERENCE TE

RECORDKEEPING REQUIREMENTS 

1. Particulate Matter Emissions (PM/PM10) 

(1) The emissions may not exceed 10.0 pounds per hour when firing natural gas. [s. NR 405.08, Wis. Adm. Code and s. 285.65(3), Wis. Stats.; Permit #99-RV-136-OP-R1] (2) The emissions may not exceed 20.0 pounds per hour when firing distillate fuel oil. [s. NR 405.08, Wis. Adm. Code and s 285.65(3), Wis. Stats.; Permit #99-RV-136-OP-R1] (3) When firing natural gas, this turbine shall only be operated in pre-mix mode1, except during 

periods of startup, shutdown and maintenance.2 [s. 

285.65(3), Wis. Stats.; Permit #99-RV-136-OPR1] 

(4) When firing distillate fuel oil, this turbine shall only be operated with the water injection system in operation, except during periods of startup, shutdown and maintenance.3 [s. 285.65(3), Wis. 

Stats.; Permit #99-RV-136-OP-R1] 

(5) The permittee shall apply Best Available Control Technology (BACT). BACT shall be met through the use of good combustion practices. The permittee shall maintain the ranges of the parameters identified in I.A.12.a.(1)(c), to meet good combustion practices. [s. NR 405.08, Wis. Adm. Code; Permit #99-RV-136-OP-R1] 

(1) Only the following fuels may be fired in the combustion turbine generator: (a) Natural gas; or (b) Distillate fuel oil having a maximum sulfur content of 0.05% by weight. (c) Throughout this permit, natural gas means a fuel that meets the definition of natural gas in 40 CFR Part 60, Subpart GG, s. 60.331(u). [ss. 285.65(3) and 285.65(10), Wis. Stats.; 40 CFR s. 60.331(u); Permit #99-RV-136-OP-R1] (2) When firing natural gas, the permittee shall comply with I.A.9.a.(6) for demonstrating that this process is operated in pre-mix mode, except during periods of startup, shutdown and maintenance. [s. NR 405.08, Wis. Adm. Code and s. 285.65(3), Wis. Stats.; Permit #99-RV-136-OP-R1] (3) The permittee shall comply with I.A.12.a.(1) for demonstrating compliance with good combustion practices. [s. 285.65(3), Wis. Stats.; Permit #99-RV-136-OP-R1] 

(1) Whenever particulrequired, the permittee and 202, or an alternatthe Department. [ss. NAdm. Code; Permit #9(2) The permittee shalspecifications that indgenerator's fuel design Wis. Adm. Code; Perm(3) The permittee shaldemonstrate complianrecordkeeping requirelimit. [s. 285.65(3), WOP-R1] (4) The permittee shaldemonstrate complianrecordkeeping requirein pre-mix mode, exceshutdown and maintenAdm. Code, and s. 285RV-136-OP-R1] 

1 The turbine automatically goes into "pre-mix mode" when the calculated combustion temperature reaches 1,950 °F. 2 This requirement is necessary to meet the BACT emission limits and to attain/maintain the TSP/PM10 ambient air quality standards.3 This requirement is necessary to meet the BACT emission limits and to attain/maintain the TSP/PM10 ambient air quality standards. 
5

 A. S04, B04 - 102 MW Simple cycle combustion turbine generator (Continued) 

POLLUTANT a. LIMITATIONS AND 

REQUIREMENTS 

b. COMPLIANCE DEMONSTRATION c. REFERENCE TE

RECORDKEEPING REQUIREMENTS 

2. Sulfur Dioxide Emissions 

(1) The emissions may not exceed 2.38 pounds per hour when firing natural gas. [s. 285.65(3), Wis. Stats. and s. NR 405.08, Wis. Adm. Code; Permit #99-RV-136-OP-R1] (2) The emissions may not exceed 58.0 pounds per hour when firing distillate fuel oil. [s. 285.65(3), Wis. Stats. and s. NR 405.08, Wis. Adm. Code; Permit #99-RV-136-OP-R1] (3) The permittee shall apply Best Available Control Technology (BACT). BACT shall be met through the use of the following technologies: (a) The use of natural gas; (b) The use of distillate fuel oil having a maximum sulfur content of 0.05% by weight. [s. NR 405.08, Wis. Adm. Code; Permit #99-RV-136-OP-R1] 

(1) Only the following fuels may be fired in the combustion turbine generator: (a) Natural gas; or (b) Distillate fuel oil having a maximum sulfur content of 0.05% by weight. [ss. 285.65(3) and 285.65(10), Wis. Stats.; Permit #99-RV-136-OP-R1] (2) The permittee shall sample and analyze the distillate fuel oil in accordance with the methods and procedures in 40 CFR Part 75 Appendix D. [s. 285.65(3), Wis. Stats.; Permit #99-RV-136-OP-R1] 

(3) The sulfur content of the fuel oil shall be determined using total sulfur methods ASTM D129–00, D2622–98, D4294–02, D1266–98, D5453–00 or D1552–01, or alternative methods approved in writing by the Department. [s. NR 440.50(6)(c)10., Wis. Adm. Code] 

(1) Whenever emissioshall use U.S. EPA Mmethod approved in w439.06(2)(a), Wis. AdR1] (2) The permittee shalspecifications that indgenerator's fuel design Wis. Adm. Code; Perm(3) The records requirmaintained for a periomade available to the 439.04(1)(d) and (2), W136-OP-R1] 
6

A. S04, B04 - 102 MW Simple cycle combustion turbine generator (Continued) 

POLLUTANT a. LIMITATIONS AND 

REQUIREMENTS 

b. COMPLIANCE DEMONSTRATION c. REFERENCE T

RECORDKEEPINREQUIREMENT

2. Sulfur Dioxide Emissions (Continued) 

(4) The permittee shall retain copies of its distillate fuel oil supplier's fuel sulfur and heat content analyses at the facility for each shipment of distillate fuel oil received for pursuant to 40 CFR Part 75, Appendix D. [s.285.65(3), Wis. Stats.; Permit #99-RV-136-OP-R1] (5) The permittee shall further obtain certification from the fuel supplier that the applicable methods in 40 CFR Part 75, Appendix D were followed by that supplier in the preparation of sulfur and heat content analyses. The shipment's quantity of distillate fuel oil shall be included with the copies of these analyses. [s. 285.65(3), Wis. Stats.; Permit #99-RV-136-OP-R1] 
7

 A. S04, B04 - 102 MW Simple cycle combustion turbine generator (Continued) 

POLLUTANT a. LIMITATIONS AND REQUIREMENTS b. COMPLIANCE DEMONSTRATION c. REFERENCE TE

RECORDKEEPING REQUIREMENTS 

3. Nitrogen Oxides Emissions 

(1) When firing natural gas, the emissions may not 

exceed: 

 (a) 9 parts per million - dry volume (ppmdv) 

at 15% oxygen (O2), averaged over 24 

hours; 

(b) 20 ppmdv at 15% O2 at peak power 

operation, averaged over the consecutive hours of each peak power operation period; and 

(c) The permittee may not operate more than 

100 hours in any year in the peak power operation. 

[s. 285.65(3), Wis. Stats. and s. NR 405.08, Wis. Adm. Code; Permit #99-RV-136-OP-R1] (2) The emissions may not exceed 42 ppmdv at 15% O2, averaged over 24 hours, when firing 

distillate fuel oil. [s. 285.65(3), Wis. Stats. and ss. NR 405.08 and NR 439.09(10)(c), Wis. Adm. Code; Permit #99-RV-136-OP-R1] 

(3) When firing natural gas, this turbine shall only be operated in pre-mix mode, except during periods of startup, shutdown and maintenance.4 [s. NR 

405.08, Wis. Adm. Code and s. 285.65(3), Wis. Stats.; Permit #99-RV-136-OP-R1] 

(4) When firing distillate fuel oil, this turbine shall only be operated with the water injection system in operation, except during periods of startup, shutdown and maintenance.5 [s. NR 405.08, Wis. 

Adm. Code and s. 285.65(3), Wis. Stats.; Permit #99-RV-136-OP-R1] 

(1) Only the following fuels may be fired in the combustion turbine generator: (a) Natural gas; or (b) Distillate fuel oil having a maximum sulfur content of 0.05% by weight. [ss. 285.65(3) and 285.65(10), Wis. Stats.; Permit #99-RV-136-OP-R1] (2) The permittee shall comply with I.A.9.a.(6) for demonstrating that this process is operated in pre-mix mode, except during periods of startup, shutdown and maintenance. [s. NR 405.08, Wis. Adm. Code and s. 285.65(3), Wis. Stats.; Permit #99-RV-136-OP-R1] (3) The permittee shall comply with I.A.12.a.(2) for demonstrating compliance with the natural gas hourly NOx emission 

limits of 9 ppmdv at 15% O2 (averaged over 

24 hours); 20 ppmdv at 15% O2 at peak 

power operation (averaged over the consecutive hours of each peak power operation period); and the fuel oil NOx emission limit of 42 ppmdv at 15% O2

(averaged over 24 hours). [s. 285.65(3), Wis. Stats.; Permit #99-RV-136-OP-R1] 

(4) The permittee shall keep records of the hours the process operated at peak power to ensure compliance with the limitations in I.A.3.a.(1)(c). [s. NR 407.09(4)(a)3.b., Wis. Adm. Code; Permit #99-RV-136-OP-R1] 

(1) Whenever emissioshall use U.S. EPA Mmethod approved in w439.06(6)(a), Wis. AdR1] (2) The permittee shalspecifications that indgenerator's fuel design Wis. Adm. Code; Perm(3) The permittee shalI.A.12.a.(2) to demonsand recordkeeping reqand BACT emission liPermit #99-RV-136-O(4) The permittee shalI.A.12.a.(2) to demonsmonitoring and recordprocess is operated in periods of startup, shu407.09(4)(a)1., Wis. AStats.; Permit #99-RV(5) The records requirmaintained for a periomade available to the 285.65(3), Wis. Stats.Wis. Adm. Code; Perm

4 This requirement is necessary to meet the BACT emission limits and to attain/maintain the NOx ambient air quality standards. 5 This requirement is necessary to meet the BACT emission limits and to attain/maintain the NOx ambient air quality standards. 
8

A. S04, B04 - 102 MW Simple cycle combustion turbine generator (Continued) 

POLLUTANT a. LIMITATIONS AND REQUIREMENTS b. COMPLIANCE DEMONSTRATION c. REFERENCE TE

RECORDKEEPING REQUIREMENTS 

3. Nitrogen Oxides Emissions (Continued) 

(5) The permittee shall apply Best Available Control Technology (BACT). BACT shall be met through the use of the following technologies: (a) Dry low NOx combustors when firing natural 

gas; 

(b) The use of water injection when firing distillate fuel oil; and (c) Good combustion practices. (d) The permittee shall maintain the ranges of the parameters identified in I.A.12.a.(1)(c) to meet good combustion practices. [s. NR 405.08, Wis. Adm. Code; Permit #99-RV136-OP-R1] 

(5) The permittee shall comply with I.A.10.a.(1) and I.A.11.a.(1) - (2) and I.A.12.a.(2) for demonstrating compliance with NSPS requirements and BACT emission limit. [s. 285.65(3), Wis. Stats.; Permit #99-RV-136-OP-R1] 
9

A. S04, B04 - 102 MW Simple cycle combustion turbine generator (Continued) 

POLLUTANT a. LIMITATIONS AND REQUIREMENTS b. COMPLIANCE DEMONSTRATION c. REFERENCE TE

RECORDKEEPING REQUIREMENTS 

4. Carbon Monoxide Emissions 

(1) When firing natural gas, the emissions may not exceed: 

(a) 25 ppmdv @ 15% O2 (averaged hourly) 

when firing natural gas @ 100% load; 

(b) 45 ppmdv @ 15% O2 (averaged hourly) 

when firing natural gas @ 75% load; or 

(c) 100 ppmdv @ 15% O2 (averaged hourly) 

when firing natural gas @ 60% load. 

[s. 285.65(3), Wis. Stats. and s. NR 405.08, Wis. 

Adm. Code; Permit #99-RV-136-OP-R1] 

(2) The emissions may not exceed 20 ppmdv @15% O2, averaged hourly, when firing distillate 

fuel oil. [s. 285.65(3), Wis. Stats. and s. NR 405.08, Wis. Adm. Code; Permit #99-RV-136-OP-R1] 

(3) When firing natural gas, this turbine shall only be operated in pre-mix mode, except during periods of startup, shutdown and maintenance.6 [s. NR 

405.08, Wis. Adm. Code and s. 285.65(3), Wis. Stats.; Permit #99-RV-136-OP-R1] 

(4) When firing distillate fuel oil, this turbine shall only be operated with the water injection system in operation, except during periods of startup, shutdown and maintenance.7 [s. NR 405.08, Wis. 

Adm. Code and s. 285.65(3), Wis. Stats.; Permit #99-RV-136-OP-R1] 

(1) Only the following fuels may be fired in the combustion turbine generator: (a) Natural gas; or (b) Distillate fuel oil having a maximum sulfur content of 0.05% by weight. [ss. 285.65(3) and 285.65(10), Wis. Stats.; Permit #99-RV-136-OP-R1] (2) The permittee shall comply with I.A.9.a.(6) for demonstrating that this process is operated in pre-mix mode, except during periods of startup, shutdown and maintenance. [s. NR 405.08, Wis. Adm. Code and s. 285.65(3), Wis. Stats.; Permit #99-RV-136-OP-R1] (3) The permittee shall comply with I.A.12.a.(1) for demonstrating compliance with good combustion practices. [s. 285.65(3), Wis. Stats.; Permit #99-RV-136-OP-R1] 

(1) Whenever emissioshall use U.S. EPA Mapproved in writing by 439.06(4)(a), Wis. AdR1] (2) The permittee shalspecifications that indgenerator's fuel design Wis. Adm. Code; Perm(3) The permittee shaldemonstrate complianrecordkeeping require[s. 285.65(3), Wis. Sta(4) The permittee shalI.A.12.a.(2) to demonsmonitoring and recordprocess is operated in periods of startup, shu407.09(4)(a)1., Wis. AStats.; Permit #99-RV

6 This requirement is necessary to meet the BACT emission limits. 7 This requirement is necessary to meet the BACT emission limits. 
10

A. S04, B04 - 102 MW Simple cycle combustion turbine generator (Continued) 

POLLUTANT a. LIMITATIONS AND REQUIREMENTS b. COMPLIANCE DEMONSTRATION c. REFERENCE TE

RECORDKEEPING REQUIREMENTS 

4. Carbon Monoxide Emissions (Continued) 

(5) The permittee shall apply Best Available Control Technology (BACT). BACT shall be met through the use of good combustion practices. The permittee shall maintain the ranges of the parameters identified in I.A.12.a.(1)(c), to meet good combustion practices. [s. NR 405.08, Wis. Adm. Code; Permit #99-RV-136-OP-R1] 
11

A. S04, B04 - 102 MW Simple cycle combustion turbine generator (Continued) 

POLLUTANT a. LIMITATIONS AND REQUIREMENTS b. COMPLIANCE DEMONSTRATION c. REFERENCE TE

RECORDKEEPING REQUIREMENTS 

5. Volatile Organic Compound Emissions 

(1) The emissions may not exceed 16.4 pounds per hour. 8 [s. 285.65(3), Wis. Stats.; Permit #99-RV136-OP-R1] (2) When firing natural gas, this turbine shall only be operated in pre-mix mode, except during periods of startup, shutdown and maintenance.10 [s. 

285.65(3), Wis. Stats.; Permit #99-RV-136-OP-R1] 

(3) When firing distillate fuel oil, this turbine shall only be operated with the water injection system in operation, except during periods of startup, shutdown and maintenance.11 [s. 285.65(3), Wis. 

Stats.; Permit #99-RV-136-OP-R1] 

(4) The permittee shall maintain the ranges of the parameters identified in I.A.12.a.(1)(c), to meet the emission limitations. [s. 285.65(3), Wis. Stats.; Permit #99-RV-136-OP-R1] 

(1) Only the following fuels may be fired in the combustion turbine generator: (a) Natural gas; or (b) Distillate fuel oil having a maximum sulfur content of 0.05% by weight. [ss. 285.65(3) and 285.65(10), Wis. Stats.; Permit #99-RV-136-OP-R1] (2) The permittee shall comply with I.A.9.a.(6) for demonstrating that this process is operated in pre-mix mode, except during periods of startup, shutdown and maintenance. [s. NR 405.08, Wis. Adm. Code and s. 285.65(3), Wis. Stats.; Permit #99-RV-136-OP-R1] (3) The permittee shall comply with I.A.12.a.(2) for demonstrating compliance with good combustion practices. [s. 285.65(3), Wis. Stats.; Permit #99-RV-136-OP-R1] 

(1) Whenever emissioshall use U.S. EPA Mmethod approved in w439.06(3)(a), Wis. AdR1] (2) The permittee shalspecifications that indgenerator's fuel design Wis. Adm. Code; Perm(3) The permittee shaldemonstrate complianrecordkeeping require285.65(3), Wis. Stats.(4) The permittee shalI.A.12.a.(2) to demonsmonitoring and recordprocess is operated in periods of startup, shu407.09(4)(a)1., Wis. AStats.; Permit #99-RV

6. Sulfuric acid (1) The emissions may not exceed 0.36 pounds per 

hour when firing natural gas.9 [s. 285.65(3), Wis. 

Stats.; Permit #99-RV-136-OP-R1] 

(2) The emissions may not exceed 6.0 pounds per hour when firing distillate fuel oil.10 [s.285.65(3), 

Wis. Stats.; Permit #99-RV-136-OP-R1] 

(1) Only the following fuels may be fired in the combustion turbine generator: (a) Natural gas; or (b) Distillate fuel oil having a maximum sulfur content of 0.05% by weight. [ss. 285.65(3) and 285.65(10), Wis. Stats.; Permit #99-RV-136-OP-R1] 

(1) Whenever emissioshall use U.S. EPA Mapproved in writing by 439.06(8), Wis. Adm. R1] (2) The permittee shalspecifications that indgenerator's fuel design Wis. Adm. Code; Perm

8 These requirements are established to ensure that the unit is not subject to PSD BACT emission limit under s. NR 405.08, Wis. Adm. Code. 9 This requirement is established to ensure that sulfuric acid emissions are not subject to PSD BACT emission limit under s. NR 405.08, Wis. Ad10 This requirement is established to ensure that sulfuric acid emissions are not subject to PSD BACT emission limit under s. NR 405.08, Wis. A
12

 A. S04, B04 - 102 MW Simple cycle combustion turbine generator (Continued) 

POLLUTANT a. LIMITATIONS AND REQUIREMENTS b. COMPLIANCE DEMONSTRATION c. REFERENCE TE

RECORDKEEPING REQUIREMENTS 

7. Visible Emissions (1) Opacity may not exceed number 1 of the 

Ringlemann chart or 20% opacity. [ s. NR 431.05,Wis. Adm. Code; Permit #99-RV-136-OP-R1] (2) When combustion equipment is being cleaned or a new fire started, emissions may exceed number 1 of the Ringlemann chart or 20% opacity but may not exceed number 4 of the Ringlemann chart or 80% opacity for 6 minutes in any one hour. Combustion equipment may not be cleaned nor a fire started more than 3 times per day. [s. NR 431.05(1), Wis. Adm. Code; Permit #99-RV-136-OP-R1] (3) Opacity may exceed number 1 of the Ringlemann chart or 20% opacity for stated periods of time, as permitted by the department, for such purpose as an operating test, use of emergency equipment, or other good cause, provided no hazard or unsafe conditions arises. [s. NR 431.05(2), Wis. Adm. Code; Permit #99-RV-136-OP-R1] 

(1) Only the following fuels may be fired in the combustion turbine generator: (a) Natural gas; or (b) Distillate fuel oil having a maximum sulfur content of 0.05% by weight. [ss. 285.65(3) and 285.65(10), Wis. Stats.; Permit #99-RV-136-OP-R1] 

(1) Whenever emissioshall use U.S. EPA Mapproved in writing by [s. NR 439.06(9)(a)1., RV-136-OP-R1] (2) The permittee shalspecifications that indgenerator's fuel design Wis. Adm. Code] 
13

A. S04, B04 - 102 MW Simple cycle combustion turbine generator (Continued) 

POLLUTANT a. LIMITATIONS AND REQUIREMENTS b. COMPLIANCE DEMONSTRATION c. REFERENCE TE

RECORDKEEPING REQUIREMENTS 

8. Lead (1) The emissions of lead may not exceed 

0.025 pound per hour. 11 [s. 285.65(3), Wis. 

Stats.; Permit #99-RV-136-OP-R1] 

(1) Only the following fuels may be fired in the combustion turbine generator: (a) Natural gas; or (b) Distillate fuel oil having a maximum sulfur content of 0.05% by weight. [ss. 285.65(3) and 285.65(10), Wis. Stats.; Permit #99-RV-136-OP-R1] (2) The permittee shall comply with I.A.12.a.(1) for demonstrating compliance with good combustion practices. [s. 285.65(3), Wis. Stats.; Permit #99-RV-136-OP-R1] 

(1) Whenever emissioshall use U.S. EPA Mapproved in writing by 439.06(5), Wis. Adm. R1] (2) The permittee shalspecifications that indgenerator's fuel design Wis. Adm. Code; Perm(3) The permittee shaldemonstrate complianrecordkeeping requirePermit #99-RV-136-O

11 The requirements are established to ensure that lead emissions are not subject to PSD BACT under s. NR 405.08, Wis. Adm. Code.
14

A. S04, B04 - 102 MW Simple cycle combustion turbine generator (Continued) 

CONDITION TYPE a. SPECIFIC CONDITIONS 9. Operation Requirements for B04 

(1) (a) The total hours of operation of Process B04 may not exceed 4,000 hours in any year. Of the total 4,000 hours

oil may not exceed 2,000 hours in any year; and 

(b) The total hours of operation in the peak power mode may not exceed 100 hours in any year.12

[s. 285.65(7), Wis. Stats.; Permit #99-RV-136-OP-R1] (2) (a) The permittee shall keep daily records of the hours of operation for the process B04 on natural gas; 

(b) The permittee shall keep daily records of the hours it operated in the peak power mode; and (c) The permittee shall keep daily records of the MW operated for the process B04 on natural gas. 

[s. 285.65(3), Wis. Stats.; Permit #99-RV-136-OP-R1] (3) (a) The permittee shall keep daily records of the hours of operation for the process B04 on distillate fuel oil; and 

(b) The permittee shall keep daily records of the MW operated for the process B04 on distillate fuel oil. 

[s. 285.65(3), Wis. Stats.; Permit #99-RV-136-OP-R1] (4) These records shall be compiled on an annual basis to show compliance with the permit condition I.A.9.a.(1) - (3). #99-RV-136-OP-R1] (5) The process may only be operated in pre-mix mode while firing natural gas, except during periods of startup, shutd

285.65(7), Wis. Stats.; s.285.65(3), Wis. Stats.; Permit #99-RV-136-OP-R1]

(6) The permittee shall monitor and record the calculated combustion reference temperature in the combustion chambe

turbine is operated in pre-mix mode while firing natural gas, except during periods of startup, shutdown, and maintenaPermit #99-RV-136-OP-R1] 

(7) The records required in I.A.9.a.(2), (3), (4) and (6) shall be maintained for a period of at least five years and shall b

Department upon request. [s. 285.65(3), Wis. Stats., and s. NR 439.04(1)(d) and (2), Wis. Adm. Code; Permit #99-RV

 (8) The permittee shall keep records (manufacturer's information) to show that the dry low NOx combustor was install

BACT for NOx. [s. 285.65(3), Wis. Stats.; Permit #99-RV-136-OP-R1] 

12 This condition is necessary to meet the BACT emission limits for particulate matter, sulfur dioxide, carbon monoxide, nitrogen oxides and als

VOC and sulfuric acid are not subject to BACT emission limitations under s. NR 405.08, Wis. Adm. Code. 

13 This condition is necessary to meet the emission limits for sulfur dioxide, carbon monoxide, nitrogen oxides, particulate matter and volatile or

restriction the ambient air quality standards are expected to be attained/maintained. 
15

A. S04, B04 - 102 MW Simple cycle combustion turbine generator (Continued) 

CONDITION TYPE a. SPECIFIC CONDITIONS 10. Monitoring of operations to satisfy new source performance standard (NSPS) requirements for B04 

(1) The combustion turbine Process B04 is subject to the requirements of 40 CFR 60, Subpart GG and s. NR 440.50, Wmeet all of the following requirements. [40 CFR Part 60 Subpart GG; s. NR 440.50, Wis. Adm. Code; Permit #99-RV-

(2) When the permittee uses water injection to control NOx emissions, the permittee shall install, calibrate, maintain an

system to monitor and record the fuel consumption and ratio of water to fuel being fired in the turbine. This system sh

minus 5.0% and must be approved by the Department. [40 CFR s. 60.334(a); s. NR 440.50(5)(a), Wis. Adm. Code; Pe

(3) The permittee shall monitor sulfur content of the gaseous fuel being fired in the turbine as follows: (a) The permittee has elected not to monitor the total sulfur content of the gaseous fuel combusted in the turbine, if the meet the definition of natural gas in 40 CFR s. 60.331(u). The permittee shall use one of the following sources of infordemonstration: 

(i) The gas quality characteristics in a current, valid purchase contract, tariff sheet or transportation contract for the 

maximum total sulfur content of the fuel is 20.0 grains/100 scf or less; or 

 (ii) Representative fuel sampling data which show that the sulfur content of the gaseous fuel does not exceed 20 gr

amount of fuel sampling data specified in section 2.3.1.4 or 2.3.2.4 of appendix D to part 75 of this chapter is required

(b) If the gaseous fuel combusted at the source does not meet the definition of natural gas in 40 CFR s. 60.331(u), the p

content of the gaseous fuel as specified in 40 CFR s. 60.334(h)(1) and 40 CFR s. 60.334(i). 

 [40 CFR ss. 60.334(h) and (i); ss. NR 440.50(5)(h) and (i), Wis. Adm. Code] (4) The permittee shall monitor the total sulfur content of the fuel oil being fired in the turbine as follows: 

(a) The sulfur content of the fuel must be determined using total sulfur methods ASTM D129–00, D2622–98

00 or D1552–01, or alternative methods approved in writing by the Department. 

(b) The frequency of determining the sulfur content of the fuel oil shall be as follows: use one of the total sul

associated sampling frequency described in sections 2.2.3, 2.2.4.1, 2.2.4.2, and 2.2.4.3 of appendix D to 40 proportional sampling, daily sampling, sampling from the unit's storage tank after each addition of fuel to delivery prior to combining it with fuel oil already in the intended storage tank). 

(c) As an alternative to the procedures in Conditions A.10.a.(4)(a) and (b), fuel oil sampling may be performe

samples are representative and that sampling is performed according to either the single tank composite sa

sampling procedure in ASTM D4057-88, "Standard Practice for Manual Sampling of Petroleum and Petromethod approved in writing by the Department. 

[40 CFR ss. 60.334(h) and (i)(1) and 60.335(b)(10); ss. NR 440.50(5)(h) and (i), Wis. Adm. Code] 
16

A. S04, B04 - 102 MW Simple cycle combustion turbine generator (Continued) 

CONDITION TYPE a. SPECIFIC CONDITIONS 10. Monitoring of operations to satisfy new source performance standard (NSPS) requirements for B04 (Continued) 

(5) The permittee shall submit reports of excess emissions and monitor downtime, in accordance with 40 CFR s. 60.7(

Code, and Condition C.1.b.(1). Excess emissions shall be reported for all periods of unit operation, including startup, spurposes of the reports required under s. NR 440.07(3), Wis. Adm. Code and Condition C.1.b.(1), periods of excess emthat shall be reported are defined as follows: 

 (a) Nitrogen oxides: 

(i) When firing distillate fuel oil, excess emission shall be any unit operating hour for which the average s

measured by the continuous monitoring system, falls below the acceptable steam or water to fuel ratio nee

with 40 CFR s. 60.332, as established during the performance test required in 40 CFR s. 60.8. Any unit opsteam is injected into the turbine shall also be considered an excess emission. 

(ii) When firing distillate fuel oil, a period of monitor downtime shall be any unit operating hour in which 

turbine, but the essential parametric data needed to determine the steam or water to fuel ratio are unavailab

(b) Sulfur dioxide: Any daily period during which the sulfur content of the fuel oil being fired in the gas turb

[40 CFR ss. 60.334(j)(1)(i) and (2); s. NR 440.50(5)(j), Wis. Adm. Code; Permit #99-RV-136-OP-R1] 
17

A. S04, B04 - 102 MW Simple cycle combustion turbine generator (Continued) 

CONDITION TYPE a. SPECIFIC CONDITIONS 11. Test methods and procedures to satisfy new source performance standards (NSPS) requirements for B04 

(1) The reference methods in 40 CFR 60, Appendix A, incorporated by reference in s. NR 440.17, Wis. Adm. Code ex440.08(2), Wis. Adm. Code, shall be used to determine compliance with the standards prescribed in s. NR 440.50(3), Wcycle combustion turbine Process B04 is subject to the requirements of 40 CFR 60, Subpart GG and s. NR 440.50, Wimeet all of the following requirements: 

(a) The permittee shall use reference Method 20 for the concentration of nitrogen oxides and oxygen. The span v

of nitrogen oxides; 

(b) The nitrogen oxides emission level measured by Reference Method 20 shall be adjusted to ISO standard day 

ambient condition correction factor; 

NOx = NOx,obs (Pref / Pobs)0.5 e19(H-0.00633) (288oK/TAMB )1.53

where: 

NOx is the emissions of NOx at 15% oxygen and ISO standard day conditions 

NOx,obs is the measured NOx emissions at 15% oxygen, ppmv 

Pref is the reference combustors inlet absolute pressure at test ambient pressure 

Pobs is the measured combustors inlet absolute pressure at test ambient pressure 

H is the specific humidity of ambient air at test e is the transcendental constant (2.718) TAMB is the temperature of ambient air at test 

The adjusted NOx emission level shall be used to determine compliance with s. NR 440.50(3), Wis. Adm. Co

(c) Manufacturers may develop custom ambient condition correction factors for each gas turbine model they man

inlet pressure, ambient air pressure, ambient air humidity and ambient air temperature to adjust the nitrogen o

the performance test as provided for in s. NR 440.08, Wis. Adm. Code to ISO standard day conditions. These 

factors shall be substantiated with data and must be approved for use by the department in writing before the by s. NR 440.08, Wis. Adm. Code; and 

(d) The water-to-fuel ratio necessary to comply with s. NR 440.50(3), Wis. Adm. Code shall be determined durin

performance test measuring NOx emissions using Reference Method 20 and the water-to-fuel ratio necessary 

Wis. Adm. Code at 30, 50, 75 and 100 percent of peak load or at 4 points in the normal operating range of the 

minimum point in the range and peak load as approved in writing by the Department. All loads shall be correconditions using the appropriate equations supplied by the manufacturer. 

[s. NR 440.50(6), Wis. Adm. Code; Permit #99-RV-136-OP-R1] [CONTINUED ON NEXT PAGE] 
18

A. S04, B04 - 102 MW Simple cycle combustion turbine generator (Continued) 

CONDITION TYPE a. SPECIFIC CONDITIONS 11. Test methods and procedures to satisfy new source performance standards (NSPS) requirements for B04 (Continued)

[CONTINUED] (2) The method for determining compliance with s. NR 440.50(4), Wis. Adm. Code, provided in s. NR 440.08(2), Wis

(a) Reference Method 20 of 40 C.F.R. pt. 60, Appendix A, incorporated by reference in s. NR 440.17, Wis. Adm

sulfur dioxide and oxygen or 2.a. ASTM D2880-71 for the sulfur content of liquid fuels and ASTM D1072-8D3246-81 for the sulfur content of gaseous fuels (these methods are incorporated by reference in s. NR 440.1methods shall be used to comply with s. NR 440.50(5)(b), Wis. Adm. Code; and 

(b) The applicable ranges of some ASTM methods mentioned in sub-par. (a) are not adequate to measure the lev

Dilution of samples prior to analysis (with verification of the dilution ratio) is allowable subject to the approv

[s. NR 440.50(6), Wis. Adm. Code; Permit #99-RV-136-OP-R1] 
19

CONDITION TYPE a. SPECIFIC CONDITIONS 12. Monitoring parameters and recordkeeping requirements for demonstrating compliance of the BACT emission limit for nitrogen oxides (NOx), 

particulate matter (PM), carbon monoxide (CO), and synthetic minor emission limits for volatile organic compounds (VOC) 

(1) Whenever emissions testing is required, the permittee shall, if requested by the Department: 

(a) Perform tests:  (i) at four operating loads according to 40 CFR Part 75 Appendix E, section 2.1.1 identified for CO, NOx  (ii) at three operating loads for PM/PM10 emissions; 

(b) During the emissions testing, perform simultaneous monitoring of unit heat input according to 40 CFR P

and 

(c) During the emissions testing, perform simultaneous monitoring of the following parameters as required i

section 2.1.3: 

i. For Natural gas: Compressor inlet and outlet temperature, oF; Fuel flow rate; Calculated combustion re

ii. For Fuel oil: Compressor inlet and outlet temperature, oF; Fuel flow rate; water flow rate, lb/hr and wa

H2O/lb fuel. 

[s. 285.65(3), Wis. Stats.; Permit #99-RV-136-OP-R1] (2) During operation, the facility shall continuously monitor and record the following on an hourly basis: 

(a) The unit heat input; (b) For natural gas: Compressor inlet and outlet temperature in oF; Fuel flow rate; and calculated combustio

(c) For fuel oil: Compressor inlet and outlet temperature in oF; Fuel flow rate; water flow rate, lb/hr; and wa

H2O/lb fuel. 

Unit emissions shall be estimated using the NOx-heat input curves developed from the initial performance tests. 

[s. 285.65(3), Wis. Stats.; Permit #99-RV-136-OP-R1] (3) The nitrogen oxides estimation procedure in 40 CFR Part 75 Appendix E, Section 2.1.1., may be used in lieu emission monitoring system for determining the 24 hour rolling nitrogen oxides emission rate and hourly nitrogeunit as long as the unit's operation does not exceed either of the following criteria: 

(a) The unit has a capacity factor of no more than 20 percent in each of the calendar year; and (b) The unit has an average capacity factor of no more than 10 percent during the previous three calendar ye

 [s. 285.65(3), Wis. Stats.; Permit #99-RV-136-OP-R1] (4) If the unit's operation exceeds either of the levels in permit conditions (3)(a) and (b), above, the permittee shanitrogen oxide emission monitoring system no later than December 31st of the following calendar year. [s. 285.6136-OP-R1] 
20

A. S04, B04 - 102 MW Simple cycle combustion turbine generator (Continued) 

CONDITION TYPE a. LIMITATIONS AND 

REQUIREMENTS 

b. COMPLIANCE DEMONSTRATION c. REFERENCE TE

RECORDKEEPING REQUIREMENTS 

13. Stack Parameters (1) The height of stack S04 shall be at least 

56.50 feet above ground level. [s. 285.65(3), Wis. Stats.; Permit #99-RV-136-OP-R1] (2) The inside equivalent diameter of stack S04 may not exceed 14.80 feet. [s. 285.65(3), Wis. Stats.; Permit #99-RV-136-OP-R1] (3) The stack may not be equipped with rainhat or other device which impedes the upward flow of the exhaust gases. [s. 285.65(3), Wis. Stats.; Permit #99-RV-136-OP-R1] 

(1) The permittee shall maintain the records in I.A.13.c.(1) to demonstrate compliance with the stack parameter requirements. [s. NR 407.09(4)(a)3.b., Wis. Adm. Code; Permit #99-RV-136-OP-R1] 

(1) The permittee shaldrawings, blueprints ophysical stack parameAdm. Code; Permit #9
21

B. Stack S14, Process P14: 3.5 million BTU per hour natural gas-fired pipeline heater 

POLLUTANT a. LIMITATIONS AND REQUIREMENTS b. COMPLIANCE DEMONSTRATION c. REFERENCE TE

RECORDKEEPING REQUIREMENTS 

1. Particulate Matter Emissions 

(1) 0.15 pound per million BTU heat input. [s. NR 415.06(2)(a), Wis. Adm. Code] 

(1) Only natural gas may be used as a fuel in Process P14. [s. NR 407.09(4)(a)1., Wis. Adm. Code] 

(1) Whenever particulrequired, the permittee and 202, or an alternatthe Department. [ss. NAdm. Code] (2) The permittee shalfuels Process P14 is ca439.04(1)(d), Wis. Ad

2. Visible Emissions 

(1) 20% opacity. [s. NR 431.05, Wis. Adm. Code] (1) Only natural gas may be used as a fuel in 

Process P14. [s. NR 407.09(4)(a)1., Wis. Adm. Code] 

(1) Whenever emissioshall use U.S. EPA Mapproved in writing by 439.06(9)(a)1., Wis. A(2) The permittee shalfuels Process P14 is ca439.04(1)(d), Wis. Ad
22

C. Other Conditions Applicable to the Entire Facility Condition Type: 1. Reporting a. Conditions b. Compliance demonstration (1) The permittee shall periodically submit excess emission, monitoring and compliance reports. [s. NR 407.09(1)(c)3., Wis. Adm. Code]

(1) The permittee shall prepare within 30 days after the end of each calendar quarter a report that contains: 

(a) The date, starting and ending times, and the ambient conditions (i.e. 6oF, 24oF, 46oF, 95oF) that process B04 has be

occurs during the quarter, a report shall be prepared stating this fact; 

(b) The load factor at which process B04 was operated; (c) The daily average sulfur content for the days that distillate fuel oil is delivered to the storage tank; 

(d) The daily average of the water-to-fuel ratio (where applicable); 

(e) The date and starting and ending times of each period of excess emissions as defined in condition I.A.10.a.(5); 

(f) For each period of excess emission, the following information:  (i) The average water to fuel ratio;  (ii) The average fuel consumption, in millions of cubic feet per hour for natural gas and gallons per hour for distilla (iii) The ambient conditions (temperature, pressure and humidity). Ambient conditions do not have to be reported 

worst case ISO correction factor as specified in 40 CFR s. 60.334(b)(3)(ii), or if the permittee is not using the ISO provisions of 40 CFR s. 60.335(b)(1); 

 (iv) The gas turbine load;  (v) The fuel sulfur content (where applicable); (g) The date and starting and ending time of any period during which the monitoring system was in-operative. The rec

adjustments made to the system (where applicable); 

(h) The date and starting and ending time of any period during which the process being monitored was inoperative (w(i) If no period of excess emissions occurred during the quarter and the monitoring system had no period of down time

be filed stating this fact (where applicable). 

(j) The report shall be submitted to the Department of Natural Resources, Northeast Region Air Program, 2984 Shawa

54313-6727. 

[s. 285.65(3), Wis. Stats.; Permit #99-RV-136-OP-R1] (2) Submit the results of monitoring or a summary of monitoring results required by this permit, every 6 months, to the 

Resources, Northeast Region Air Program, 2984 Shawano Avenue, Green Bay, WI 54313-6727. 

(a) The time periods to be addressed by the submittals are the January 1 to June 30 period and the July 1 to December 

(b) The report shall be submitted to the Department within 60 days after the end of the reporting period. 

(c) All deviations from and violations of applicable requirements shall be clearly identified in the submittal. (d) Each submittal shall be certified by a responsible official as to the truth, accuracy and completeness of the report. 

[s. NR 439.03(1)(b), Wis. Adm. Code; Permit #99-RV-136-OP-R1] (3) Submit an annual certification of compliance with the requirements of this permit to Department of Natural Resources

2984 Shawano Avenue, Green Bay, WI 54313-6727, and to Compliance Data - Wisconsin, Air and Radiation Division, U.S

IL 60604. 

(a) The time period to be addressed by the report is the January 1 to December 31 period which precedes the report. 

(b) The report shall be submitted to the Department and U.S. EPA within 60 days after the end of the reporting period. (c) The information included in the report shall comply with the requirements of Part II Section N of this permit. 

(d) Each report shall be certified by a responsible official as to the truth, accuracy and completeness of the report. 

[s. NR 439.03(1)(c), Wis. Adm. Code; Permit #99-RV-136-OP-R1]
23

D. ACID RAIN PORTION OF OPERATION PERMIT Issued to: Madison Gas & Electric - West Marinette ORIS Code: 004076 

Unit ID# [Provided by the 

National Allowance Database for 

the Federal Acid Rain Program.] 

OWNED AND OPERATED BY: NEW UNIT - Commence Operation 

Date [NA = Not Applicable] 

NEW U

34 Madison Gas and Electric 4/1/00 

Operation Permit Effective Dates: August 31, 2010. [s. NR 409.11(1)(a)3., Wis. Adm. Code] Duty to Reapply: The designated representative shall submit a complete acid rain portion of an operation permit application at least 6 months, 

before this permit expires. [s. NR 409.08(1)(c), Wis. Adm. Code] 

Permit Shield: Operation in accordance with the acid rain portion of this operation permit shall be deemed to be operation in compliance with 

provided in s. NR 409.06(7)(f), Wis. Adm. Code. [s. NR 409.10(2), Wis. Adm. Code] 

Acid Rain Permit Contents1. Statement of Basis 2. Unit Specific Requirements 3. Standard Requirements 4. General Requirements 5. Comments, Notes and Justifications Regarding Permit Decisions 1. Statement of BasisStatutory and Regulatory Authorities: This portion of the operation permit is issued pursuant to ss. 285.60 to 285.66, Wis. Stats., Titles IV and 

USC 7651 to 7661(f), and chs. NR 407 and 409, Wis. Adm. Code. 
24

2. Unit Specific Requirements For Unit 34 

POLLUTANT LIMITATION COMPa. Sulfur dioxide (1) Sulfur dioxide emissions from unit 34 may not exceed the number of allowances that the source lawfully 

holds under the acid rain program, including allowances allocated directly to the source through the acid rain program and allowances obtained through the emissions trading provisions of the acid rain program, subject to the following qualifications: (a) No permit revision may be required for increases in emissions that are authorized by allowances acquired pursuant to the acid rain program, provided that the increases do not require a permit revision under any other applicable requirement; (b) No limit may be placed on the number of allowances that may be held by the stationary source; (c) A stationary source may not use allowances as a defense to noncompliance with any applicable requirements other than the requirements of the acid rain program; and (d) Any acid rain allowance shall be accounted for according to the procedures established in the acid rain program. [s. NR 407.09(2)(a), Wis. Adm. Code] (2) The permittee shall operate unit 34 in compliance with the standard sulfur dioxide requirements of condition I.D.3.c. of this permit. [s. NR 409.06(3)(a)2, Wis. Adm. Code] 
25

3. Standard Requirements 

CONDITION REQUIREMENTS a. Permit Requirements

(1) The designated representative of each affected source and each affected unit at the source shall: 

(a) Except for a phase I acid rain permit to be issued by USEPA, submit a complete acid rain portion of an operation pecompliance plan) under 40 CFR part 72 and ch. NR 409, Wis. Adm. Code in accordance with the deadlines specified iCode and 40 CFR 72.30; and 

(b) Submit in a timely manner any supplemental information that the Department determines is necessary in order to re

operation permit application and issue or deny an acid rain portion of an operation permit application. 

[s. NR 409.06(1)(a), Wis. Adm. Code] (2) The owners and operators of each affected source and each affected unit at the source shall: 

(a) Operate the unit in compliance with a complete acid rain portion of an operation permit application or a superseding permit issued by the Department; and (b) Have an acid rain portion of an operation permit. [s. NR 409.06(1)(b), Wis. Adm. Code] 

b. Monitoring Requirements 

(1) The owners and operators and, to the extent applicable, designated representative of each affected source and each a

comply with the monitoring requirements as provided in 40 CFR parts 74, 75, and 76 and section 407 of the act (42 USimplementing section 407 of the act. [s. NR 409.06(2)(a), Wis. Adm. Code] 

(2) The emissions measurements recorded and reported in accordance with 40 CFR part 75 and section 407 of the act (

implementing section 407 of the act shall be used to determine compliance by the unit with the acid rain emissions limirequirements for sulfur dioxide and nitrogen oxides under the acid rain program. [s. NR 409.06(2)(b), Wis. Adm. Code

(3) The requirements of 40 CFR parts 74 and 75 and regulations implementing section 407 of the act (42 USC 7651f) d

the owners and operators to monitor emissions of other pollutants or other emissions characteristics at the unit under otthe act and other provisions of the operation permit for the source. [s. NR 409.06(2)(c), Wis. Adm. Code] 
26

3. Standard Requirements (Continued)

CONDITION REQUIREMENTS c. Sulfur Dioxide Requirements

(1) The owners and operators of each source and each affected unit at the source shall: (a) Hold allowances, as of the allowance transfer deadline, in the unit's compliance subaccount, after deductions under the total annual emissions of sulfur dioxide for the previous calendar year from the unit; and (b) Comply with the applicable acid rain emissions limitations for sulfur dioxide. [s. NR 409.06(3)(a), Wis. Adm. Code] (2) Each ton of sulfur dioxide emitted in excess of the acid rain emissions limitations for sulfur dioxide shall constitute 409.06(3)(b), Wis. Adm. Code] (3) An affected unit shall be subject to the requirements under condition I.C.3.c.(1) of this permit starting January 1, 20Adm. Code] 

(4) Allowances shall be held in, deducted from, or transferred among allowance tracking system accounts in accordanc

NR 409.06(3)(d), Wis. Adm. Code] 

(5) An allowance may not be deducted in order to comply with the requirements under condition I.C.3.c.(1)(a) of this p

for which the allowance was allocated. [s. NR 409.06(3)(e), Wis. Adm. Code] 

(6) An allowance allocated by the U.S. EPA under the acid rain program is a limited authorization to emit sulfur dioxid

program. No provision of the acid rain program, the acid rain portion of an operation permit application, the acid rain pthe written exemption under ss. NR 409.04 and 409.05, Wis. Adm. Code and no provision of law shall be construed to 

States to terminate or limit such authorization. [s. NR 409.06(3)(f), Wis. Adm. Code; Permit #99-RV-136-OP-R1] (7) An allowance allocated by the U.S. EPA under the acid rain program does not constitute a property right. [s. NR 40

(8) The permittee shall fire natural gas as defined under 40 CFR Part 72.2. [s. 285.65(3), Wis. Stats.] (9) The permittee shall perform fuel sampling and analysis annually and when the fuel supply source changes to satisfy 

[s. 285.65(3), Wis. Stats.] 

(10) The permittee shall follow the procedures identified in 40 CFR Part 75, Appendix D. 2.2 and 2.3 for determining S

with 40 CFR Part 75. [s. 285.65(3), Wis. Stats., s. 285.65(10), Wis. Stats.] 
27

3. Standard Requirements (Continued)

CONDITION REQUIREMENTS d. Excess Emissions Requirements

(1) The designated representative of an affected unit that has excess emissions in any calendar year shall submit a prop

as required under 40 CFR part 77, and submit a copy to the Department. [s. NR 409.06(5)(a), Wis. Adm. Code] 

(2) The owners and operators of an affected unit that has excess emissions in any calendar year shall: (a) Pay to the USEPA without demand the penalty required, and pay to the USEPA upon demand the interest on that pe

part 77; and 

(b) Comply with the terms of an approved offset plan, as required by 40 CFR part 77. [s. NR 409.06(5)(b), Wis. Adm. Code] 

e. Recordkeeping and Reporting Requirements

(1) Unless otherwise provided, the owners and operators of the source and each affected unit at the source shall keep on following documents for a period of 5 years from the date the document is created. This period may be extended for ca

of 5 years, in writing by the USEPA or the Department: 

(a) The certificate of representation for the designated representative for the source and each affected unit at the source 

demonstrate the truth of the statements in the certificate of representation, in accordance with 40 CFR 72.24; provided shall be retained on site at the source beyond such 5-year period until such documents are superseded because of the surepresentation changing the designated representative; 

(b) All emissions monitoring information, in accordance with 40 CFR part 75; 

(c) Copies of all reports, compliance certifications, and other submissions and all records made or required under the ac

(d) Copies of all documents used to complete an acid rain portion of an operation permit application and any other submprogram or to demonstrate compliance with the requirements of NR 409, Wis. Adm. Code and the acid rain program. [s. NR 409.06(6)(a), Wis. Adm. Code] (2) The designated representative of an affected source and each affected unit at the source shall submit the reports and required under the acid rain program, including those under s. NR 409.13, Wis. Adm. Code and 40 CFR part 75. [s. NR 
28

3. Standard Requirements (Continued)

CONDITION REQUIREMENTSf. Liability (1) Any person who knowingly violates any requirement or prohibition of the acid rain program, a complete acid rain p

application, an acid rain portion of an operation permit, or a written exemption under ss. NR 409.04 and NR 409.05, Wenforcement by the Department pursuant to ch. NR 494, Wis. Adm. Code and ss. 285.83 and 285.87, Wis. Stats. Any pany requirement or prohibition of the acid rain program, a complete acid rain portion of and operation permit applicatio

operation permit, or a written exemption under 40 CFR 72.7 or 72.8 including any requirement for the payment of any shall be subject to enforcement by the USEPA pursuant to 113(c) of the Clean Air Act. [s. NR 409.06(7)(a), Wis. Adm

(2) Any person who knowingly makes a false, material statement in any record, submission, or report under the Acid R

criminal enforcement by the Department pursuant to ch. NR 494, Wis. Adm. Code and ss. 285.83 and 285.87, Wis. Stamakes a false, material statement in any record, submission, or report under the Acid Rain Program shall be subject to USEPA pursuant to 113(c) of the Clean Air Act and 18 U.S.C. 1001. [s. NR 409.06(7)(b), Wis. Adm. Code] 

(3) No permit revision may excuse any violation of the requirements of ch. NR 409, Wis. Adm. Code, and the acid rain 

date that the revision takes effect. [s. NR 409.06(7)(c), Wis. Adm. Code] 

(4) Each affected source and each affected unit shall meet the requirements of ch. NR 409, Wis. Adm. Code, and the ac409.06(7)(d), Wis. Adm. Code] (5) Any provision of the acid rain program that applies to an affected source, including a provision applicable to the de

affected source, shall also apply to the owners and operators of such source and of the affected units at the source. [s. N

Code] 

(6) Any provision of the acid rain program that applies to an affected unit, including a provision applicable to the desigaffected unit, shall also apply to the owners and operators of such unit. Except as provided under s. NR 409.09(2), Wis

act (42 USC 7651f) and regulations implementing section 407 of the act, and except with regard to the requirements ap

stack under 40 CFR part 75, including 40 CFR 75.16, 75.17, and 75.18, the owners and operators and the designated reare not liable for any violation by any other affected unit of which they are not owners or operators or the designated rea source of which they are not owners or operators or the designated representative. [s. NR 409.06(7)(f), Wis. Adm. C(7) Each violation of a provision of ch. NR 409, Wis. Adm. Code and 40 CFR parts 72, 73, 74, 75, 76, 77, and 78 and r407 and 410 of the act (42 USC 7651f and 7651i) by an affected source or affected unit, or by an owner or operator or source or unit, shall be a separate violation. [s. NR 409.06(7)(g), Wis. Adm. Code] 
29

3. Standard Requirements (Continued)

CONDITION REQUIREMENTSg. Effect on Other Authorities

(1) No provision of the acid rain program, an acid rain portion of an operation permit application, an acid rain portion o

written exemption under s. NR 409.04 or NR 409.05, Wis. Adm. Code may be construed as: 

(a) Except as expressly provided in title IV of the act (42 USC 7651 to 7651o), exempting or excluding the owners and 

applicable, the designated representative of an affected source or affected unit from compliance with any other provisioprovisions of title I of the act relating to applicable national ambient air quality standards or state implementation plans

(b) Limiting the number of allowances a unit can hold; provided, that the number of allowances held by the unit shall nto comply with any other provisions of the act; 

(c) Requiring a change of any kind in any state law regulating electric utility rates and charges, affecting any state law 

limiting the state regulation, including any prudence review requirements under state law; 

(d) Modifying the federal power act (16 USC 791a et seq.) or affecting the authority of the federal energy regulatory co

power act; or, 

(e) Interfering with or impairing any program for competitive bidding for power supply in a state in which the program [s. NR 409.06(8), Wis. Adm. Code] 
4. General Requirements

CONDITION REQUIREMENTS a. Reporting (1) Annual Compliance Certification Report: For each calendar year in which a unit is subject to the acid rain emission

representative shall submit to the U.S. EPA and to the Department within 60 days after the end of the calendar year, an report for the unit in compliance with 40 CFR 72.90. For the purpose of determining compliance with the acid rain em

requirements, total tons for a year shall be calculated as the sum of all recorded hourly emissions rates, or the tonnage eemissions rates, in accordance with 40 CFR part 75, with any remaining fraction of a ton equal to or greater than 0.50 tany fraction of a ton less than 0.50 ton deemed not to equal any ton. The submission of a complete annual compliance certification in accordance with this condition and 40 CFR part 75 shrequirement to submit compliance certifications under condition I.C.1.b.(3), and chs. NR 406, 407 and 409, Wis. Adm. 

rain portion of this operation permit. [s. NR 409.13(1), Wis. Adm. Code]

b. Submissions (1) The designated representative shall submit a certificate of representation and any superseding certificate of represen

accordance with subpart B of 40 CFR part 72 and, concurrently, shall submit a copy to the Department. [s. NR 409.07

(2) Each submission under the acid rain program shall be submitted, signed and certified by the designated representatiwhich the submission is made. [s. NR 409.07(1)(b), Wis. Adm. Code] (3) In each submissions under the acid rain program, the designated representative shall certify, by his or her signature: (a) The following statement, which shall be included verbatim in the submission: I am authorized to make this submis

operators of the affected source or affected units for which the submission is made. 

(b) The following statement which shall be included verbatim in the submission: I certify under penalty of law that I hfamiliar with, the statements and information submitted in this document and all its attachments. Based on my inquiry responsibility for obtaining the information, I certify that the statements and information are to the best of my knowledcomplete. I am aware that there are significant penalties for submitting false statements and information or omitting reinformation, including the possibility of fine or imprisonment. [s. NR 409.07(1)(c), Wis. Adm. Code] (4) The designated representative of a source shall serve notice on each owner and operator of the source and of an affe(a) By the date of submission, of any acid rain program submissions by the designated representative; (b) Within 10 business days of receipt of a determination, of any written determination by the U.S. EPA or the Departm

(c) Provided that the submission or determination covers the source or the unit. [s. NR 409.07(1)(e), Wis. Adm. Code] (5) The designated representative of a source shall provide each owner and operator of an affected unit at the source a c

determination under condition I.C.4.b.(4), unless the owner or operator expressly waives the right to receive a copy. [s

Code]

30
1

4. General Requirements (Continued)

CONDITION REQUIREMENTS c. Severability (1) Invalidation of the acid rain portion of an operation permit does not affect the continuing validity of the rest of the o

invalidation of any other portion of the operation permit affect the continuing validity of the acid rain portion of the perAdm. Code]

d. Appeal Procedures

(1) Appeals of the acid rain portion of this operation permit issued by the Department that do not challenge or involve dUSEPA under 40 CFR parts 72, 73, 75, 77 and 78 and regulations implementing sections 407 and 410 (42 USC 7651f conducted according to the procedures in ch. NR 407 and ss.285.13, 285.81, and 227.40 to 227.60, Wis. Stats. The pershall continue to be in effect during the appeal process. Appeals of the acid rain portion of a permit that challenge or in

U.S. EPA shall follow the procedures under 40 CFR part 78 and section 307 of the act (42 USC 7607). Decisions or acto, allowance allocations, determinations concerning alternative monitoring systems and determinations of whether a terepowering technology. [s. NR 409.11(2)(a), Wis. Adm. Code] 

(2) No state or administrative or judicial appeal of the acid rain portion of an operation permit may be allowed to comm

following the issuance of the acid rain portion of an operation permit, as provided by ss. 285.81 and 227.53, Wis. StatsCode]

(3) The USEPA may intervene as a matter of right in any state administrative appeal of an acid rain portion of an opera

rain portion of an operation permit. [s. NR 409.11(2)(c), Wis. Adm. Code]

(4) No administrative appeal concerning an acid rain requirement may result in a stay of the following requirements: (a) The allowance allocations for any year during which the appeal proceeding is pending or is being conducted. (b) Any standard requirement under s. NR 409.06, Wis. Adm. Code. (c) The emissions monitoring and reporting requirements applicable to the affected units at an affected source under 40 

(d) Uncontested provisions of the decision on appeal. (e) The terms of a certificate of representation submitted by a designated representative under subpart B of 40 CFR par[s. NR 409.11 (2)(d), Wis. Adm. Code]

5. Comments, Notes and Justifications Regarding Permit Decisions: None 
1

PART III 

CAIR Permit Application