AIR POLLUTION CONTROL CONSTRUCTION PERMIT REVISION

EI FACILITY NO: 111003090 CONSTRUCTION PERMIT NO.: 14-POY-174-R1

TYPE:

Construction Permit for Processes: B21, B22, P25, P26, P31, F99

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

Name of Source: WPL - Columbia Energy Center 

Street Address: W8375 Murray Road,

Pardeeville, Columbia County, Wisconsin

Responsible Official, & Title: Jerald Lokenvitz, Plant Manager

is authorized to modify and initially operate two coal-fired utility boilers described in the plans and specifications 

dated September 23, 2014 through November 25, 2014, and May 26, 2015 through July 30, 2015 in conformity 

with the conditions herein. The authority to construct, modify, replace and/or reconstruct any process covered in 

this Construction Permit expires thirty six (36) months from the date of issuance. This approved period to 

construct, modify, replace and/or reconstruct may be extended for up to 18 months upon request for cause, prior 

to expiration, unless otherwise specified by this construction permit. The conditions of this construction permit 

are permanent and may only be revised through a revision of the construction permit or through the issuance of a 

new construction permit. [s. 285.60(1), Wis. Stats.]

Conditions of the construction 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 and II hereof.

Dated at Madison, Wisconsin September 10, 2015

STATE OF WISCONSIN

DEPARTMENT OF NATURAL RESOURCES

For the Secretary

By /s/ Kristin Hart

Kristin L. Hart, Chief

Permits and Stationary Source Modeling Section
FID No. 111003090, Permit No. 14-POY-174-R1 Page 2 of 42

Part I

B’. S11/B21 (Identified as Unit 1 for acid rain purposes) - Coal Fired Boiler - Rated at 5885 mmBtu per hour - Installed February 

1971.1 2 A recycled solids silo and a waste solids silo also exhaust through the baghouse. The boiler also has the capacity to fire wood, 

petroleum contaminated soils and absorbents, boiler cleaning waste liquids and waste oil. Please see the additional requirements that relate 

to these alternate operating scenarios for the boiler in I.C., I.D., I.E. and I.F. of the Operation Permit 111003090-P21.

Pollutant: 1. Particulate Matter, PM10 and PM2.5 Emissions

a. Limitations3:

(1)(a) Particulate matter emissions may not exceed 0.025 pounds per million Btu heat input. [s. 285.65(7), Wis. Stats., and Permits 11-

POY-123 and 14-POY-174]

(1)(b) PM10 emissions may not exceed 0.017 pounds per million Btu heat input. [s. 285.65(7), Wis. Stats., and Permits 11-POY-123 and 

14-POY-174]

(1)(c) PM2.5 emissions may not exceed 0.0165 pounds per million Btu heat input. [s. 285.65(7), Wis. Stats., and Permits 11-POY-123 

and 14-POY-174]

(2) Particulate matter emissions may not exceed 0.10 pounds per million Btu heat input. [s. NR 415.06(2)(c), Wis. Adm. Code, and 

Permits and 14-POY-174]

(3) Beginning December 31, 2014, and continuing thereafter, filterable PM Emissions from B21 (Unit 1) may not exceed 0.015 lb/mmBtu 

heat input based on a 24-Hour Rolling Average. Notwithstanding this PM Emission Rate requirement, the permittee may ensure that B21 

(Unit 1) achieves a filterable PM Emission Rate of no greater than 0.030 lb/mmBTU during periods of level 3 (high range) correlation 

testing under PS-11, Section 8.6(4), provided that such correlation testing is conducted in accordance with the procedures approved by 

EPA as part of the correlation plan required by B’1.b.(17). [ss. 285.65(2) and (13), Wis. Stats., Consent Decree 13-cv-266 par. 117, and 

Permit 14-POY-174-R1]

(4) The permittee shall only fire:

(a) Coal, natural gas and #2 fuel oil as primary fuels in the boiler; and 

(b) Wood fuel, petroleum contaminated soils and absorbents, boiler cleaning waste liquids and waste oil as alternate fuels in the boiler. 

[ss. 285.65(3) and 285.63(1)(a), Wis. Stats.]

See section I.C. for additional requirements that apply while firing wood in the boiler. See section I.D. for additional requirements that 

apply while firing petroleum contaminated soil in the boiler. See section I.E. for additional requirements that apply while firing boiler 

cleaning waste liquids in the boiler. See section I.F. for additional requirements that apply while firing waste oil in the boiler.

b. Compliance Demonstration: c. Test Methods, Recordkeeping, and Monitoring:

(1) To demonstrate compliance with I.B’.1.a.(1)(a), (b) and (c), and 

(2) the permittee shall conduct a compliance emission test within 90 

days after the start of initial operation of the spray dryer for B21 

using USEPA Methods 5(Teflon filter media) or 201A (Wisconsin 

modified) and 202, or another method approved by the Department 

in writing, while operating at 100% capacity. During the test, the 

electrostatic precipitator shall be disabled, such that the test can 

show that the emission limit can be met without the electrostatic 

precipitator in operation. If operation at 100% capacity is not 

feasible, the source shall operate at a capacity level which is 

approved by the Department in writing. [s. NR 439.03, Wis. Adm. 

Code, and Permit 14-POY-174]

(2) The following compliance emission tests of the boiler shall be 

(1)(a) Reference Test Method for Particulate Matter Emissions: 

Whenever compliance emission testing is required, US EPA 

Method 5 (Teflon filter media) or 201A (Wisconsin modified), 

including condensible backhalf emissions (Method 202), or another 

method approved by the Department in writing, shall be used to 

demonstrate compliance. 

[s. NR 439.06(1), Wis. Adm. Code]

(1)(b) Reference Test Method for PM10 Emissions: Whenever 

compliance emission testing is required, US EPA Method 5 (Teflon 

filter media), or Method 201A, including condensible backhalf 

emissions (Method 202), or another method approved by the 

Department in writing, shall be used to demonstrate compliance. 

[s. NR 439.06(1), Wis. Adm. Code]

 

1 Note: The requirements and emission limitations outlined in this section apply to the boiler at all times regardless of the fuel being fired.

2 The emissions unit consisting of the boiler and the spray dryer absorber has been modified as a part of this project warranting the application of NR 

415.06(2)(c) and 431.05. However, the combustion portion of boiler has not been modified, and the fuel burned will not be changed because of this 

project. There will be no change in emissions due to combustion of fuel. As such, the proposed project will not result in the applicability of the New 

Source Performance Standard (NSPS) in ss. NR 440.19 and NR 440.20, Wis. Adm. Code.

3 Emission limits in (1)(a), (b) and (c) are proposed by the permittee to avoid PSD applicability for the project covered under Permit 11-POY-123.
FID No. 111003090, Permit No. 14-POY-174-R1 Page 3 of 42

B’. S11/B21 (Identified as Unit 1 for acid rain purposes) - Coal Fired Boiler - Rated at 5885 mmBtu per hour - Installed February 

1971.1 2 A recycled solids silo and a waste solids silo also exhaust through the baghouse. The boiler also has the capacity to fire wood, 

petroleum contaminated soils and absorbents, boiler cleaning waste liquids and waste oil. Please see the additional requirements that relate 

to these alternate operating scenarios for the boiler in I.C., I.D., I.E. and I.F. of the Operation Permit 111003090-P21.

conducted to demonstrate compliance with the particulate matter, 

PM10 and PM2.5 emission limits in condition I.B’.1.a.(1):

(a) Testing required in I.B’.1.b.(1) and (2) shall be conducted 

every 24 months as long as this permit remains valid; 

(b) Each biennial test shall be performed within 90 days of the 

anniversary date of the issuance of this permit or within 90 days of 

an alternate date specified by the Department in writing; 

(c) The permittee may request and the Department may approve a 

waiver from the required biennial testing provided the results of the 

most recently completed test demonstrate that particulate matter 

emissions are 50 percent or less of the applicable limitations in 

condition I.B’.1.a.(1);

(d) This testing shall be conducted in accordance with Condition 

No. I.ZZZ.1.a.(4) of this construction permit.

[ss. NR 439.07 and NR 439.075(2)(a)1. and (3)(b), Wis. Adm. 

Code, and Permit 11-POY-123 and 14-POY-174] 

(3)(a) The permittee shall operate a fabric filter baghouse control 

device on the boiler to control particulate matter emissions 

whenever the boiler is in operation. 

(b) Condition (3)(a) does not apply during periods of cold start 

when only #2 distillate fuel oil is burned to increase the boiler 

temperature to a level that the baghouse can be safely operated. 

(c) The baghouse shall be operational prior to any solid fuel or any 

liquid fuel other than #2 distillate fuel oil being fed to the boiler for 

combustion. [s. 285.63(1)(a), Wis. Stats., and Permit 11-POY123-R2]

(4) The permittee shall install, operate, and maintain the bag leak 

detection system according to paragraphs (a) through (c) of this 

condition.

(a) Each bag leak detection system must meet the specifications and 

requirements in following paragraphs (i) through (viii).

(i) The bag leak detection system must be certified by the 

manufacturer to be capable of detecting PM emissions at 

concentrations of 1 milligram per dry standard cubic meter 

(0.00044 grains per actual cubic foot) or less.

(ii) The bag leak detection system sensor must provide output of 

relative PM loadings. The owner or operator shall continuously 

record the output from the bag leak detection system using 

electronic or other means ( e.g. , using a strip chart recorder or a 

data logger).

(iii) The bag leak detection system must be equipped with an alarm 

system that will sound when the system detects an increase in 

relative particulate loading over the alarm set point established 

according to paragraph (iv) below, and the alarm must be located 

such that it can be heard by the appropriate plant personnel.

(iv) In the initial adjustment of the bag leak detection system, the 

(1)(c) Reference Test Method for PM2.5 Emissions: Whenever 

compliance emission testing is required, US EPA Method 5 (Teflon 

filter media), or 201A (Wisconsin modified), including condensible 

backhalf emissions (Method 202), or another method approved by 

the Department in writing, shall be used to demonstrate compliance. 

[s. NR 439.06(1), Wis. Adm. Code]

(2) The permittee shall retain copies of the results of the tests 

required by conditions I.B’.1.b.(1), (2), (3) and (4) at the facility. 

[s. NR 439.04(1)(a), Wis. Adm. Code]

(3) The permittee shall keep monthly records of:

(a) The type of each fuel fired in the boiler; and 

(b) The amount of each fuel fired in the boiler. 

[s. NR 439.04(1)(d), Wis. Adm. Code]

(4) (a) The permittee shall develop and submit to the Department, 

within 180 days after the start of initial operation of the spray dryer 

absorber, for approval of a site-specific monitoring plan for each 

bag leak detection system. The permittee shall operate and maintain 

the bag leak detection system according to the site-specific 

monitoring plan at all times. Each monitoring plan must describe 

the items in paragraphs (i) through (vi) below.

(i) Installation of the bag leak detection system;

(ii) Initial and periodic adjustment of the bag leak detection system, 

including how the alarm set-point will be established;

(iii) Operation of the bag leak detection system, including quality 

assurance procedures;

(iv) How the bag leak detection system will be maintained, 

including a routine maintenance schedule and spare parts inventory 

list;

(v) How the bag leak detection system output will be recorded and 

stored; and

(vi) Corrective action procedures as specified in paragraph (b) 

below. In approving the site-specific monitoring plan, the 

Department may allow owners and operators more than 3 hours to 

alleviate a specific condition that causes an alarm if the owner or 

operator identifies in the monitoring plan this specific condition as 

one that could lead to an alarm, adequately explains why it is not 

feasible to alleviate this condition within 3 hours of the time the 

alarm occurs, and demonstrates that the requested time will ensure 

alleviation of this condition as expeditiously as practicable.

(b) For each bag leak detection system, the permittee shall initiate 

procedures to determine the cause of every alarm within 1 hour of 

the alarm. Except as provided in paragraph (a)(vi) above, the 
FID No. 111003090, Permit No. 14-POY-174-R1 Page 4 of 42

B’. S11/B21 (Identified as Unit 1 for acid rain purposes) - Coal Fired Boiler - Rated at 5885 mmBtu per hour - Installed February 

1971.1 2 A recycled solids silo and a waste solids silo also exhaust through the baghouse. The boiler also has the capacity to fire wood, 

petroleum contaminated soils and absorbents, boiler cleaning waste liquids and waste oil. Please see the additional requirements that relate 

to these alternate operating scenarios for the boiler in I.C., I.D., I.E. and I.F. of the Operation Permit 111003090-P21.

permittee shall establish, at a minimum, the baseline output by 

adjusting the sensitivity (range) and the averaging period of the 

device, the alarm set points, and the alarm delay time.

(v) Following initial adjustment, the permittee may not adjust the 

averaging period, alarm set point, or alarm delay time without 

approval from the Department except as provided in paragraph (vi) 

below.

(vi) Once per quarter, the permittee may adjust the sensitivity of the 

bag leak detection system to account for seasonal effects, including 

temperature and humidity, according to the procedures identified in 

the site-specific monitoring plan required by I.B’.1.c.(4). [s. NR 

406.10, Wis. Adm. Code, s. 285.65(3), Wis. Stats., and Permit 

11-POY-123] 

(5) The permittee shall perform internal inspections of the 

baghouse not less than once every 18 months to ensure that the 

control equipment is operating properly. [s. NR 407.09(4)(a)3.b., 

Wis. Adm. Code]

(6) The permittee shall prepare and follow a plan for periodical 

internal inspections of the boiler and boiler efficiency optimization. 

This plan shall include the frequency of these inspections and the 

items to be inspected. [s. NR 407.09(4)(a)3.b., Wis. Adm. Code]

(7) The permittee shall install, maintain and operate instruments to 

monitor the pressure drop across the baghouse control device. [s. 

NR 439.055(1)(a), Wis. Adm. Code, and Permit 11-POY-123] 

(8) The permittee shall submit to the Department, within 180 days 

after the start of initial operation of the spray dryer absorber, the 

operating range of the pressure drop across the baghouse control 

device. [s. NR 439.055(1)(a), Wis. Adm. Code, and Permit 11-

POY-123] 

(9) Stack Parameters

(a) Stack height shall be at least 500 feet above ground level.

(b) The stack outlet diameter may not be greater than 21 feet.

(c) The stack may not be equipped with a rainhat or other device 

which impedes the upward flow of the exhaust gases.

[s. 285.65(3), Stats. and s. NR 406.10, Wis. Adm. Code, and 11-

POY-123]

(10) After the installation of the spray dryer and the baghouse, 

during the first cold start of the boiler when the bypassing of the 

baghouse occurs per (5)(b), to demonstrate compliance with 

I.B’.1.a.(1)(a), (b) and (c), the permittee shall conduct a compliance 

test using USEPA Methods 5 (Teflon filter media) or 201A 

(Wisconsin modified) and 202, or another method approved by the 

Department in writing, while operating at 100% capacity when 

burning #2 distillate fuel oil. If operation at 100% capacity is not 

feasible, the source shall operate at a capacity level which is 

approved by the Department in writing. The sulfur content of the 

permittee shall alleviate the cause of the alarm within 3 hours of the 

alarm by taking whatever corrective action(s) are necessary. 

Corrective actions may include, but are not limited to the following:

(i) Inspecting the fabric filter for air leaks, torn or broken bags or 

filter media, or any other condition that may cause an increase in 

PM, PM10 or PM2.5 emissions;

(ii) Sealing off defective bags or filter media;

(iii) Replacing defective bags or filter media or otherwise repairing 

the control device;

(iv) Sealing off a defective fabric filter compartment;

(v) Cleaning the bag leak detection system probe or otherwise 

repairing the bag leak detection system; or

(vi) Shutting down the boiler. [s. NR 406.10, Wis. Adm. Code, s. 

285.65(3), Wis. Stats., and Permit 11-POY-123] 

(5) The permittee shall keep records of: 

(a) The date, time and initials of person performing the 

inspections required in condition I.B’.1.b.(7); 

(b) A list of the items inspected; and

(c) Any maintenance or repairs performed as a result of these 

inspections. [s. NR 439.04(1)(d), Wis. Adm. Code]

(6) The permittee shall keep records of: 

(a) The date, time and initials of person performing the inspections 

required in condition I.B’.1.b.(7); 

(b) A list of the items inspected; 

(c) Any maintenance or repairs performed as a result of these 

inspections;

(d) The results of the boiler efficiency optimization inspection; and 

(e) The measures taken to optimize the boiler.

[s. NR 439.04(1)(d), Wis. Adm. Code]

(7) The permittee shall record the pressure drop across the 

baghouse once for every 8 hours of operation or once per day, 

whichever yields the greater number of measurements. [s. NR 

439.055(2)(b)1., Wis. Adm. Code, and Permit 11-POY-123] 

(8) The pressure drop monitoring device shall be accurate to within 

5% of the pressure drop being measured or within ±1 inch of water 

column, whichever is greater. [s. NR 439.055(3)(b), Wis. Adm. 

Code, and Permit 11-POY-123]

(9) The baghouse control device pressure drop monitoring device 

shall be calibrated at least once per year, or at a frequency based on 

good engineering practice as established by operational history, 

whichever is more frequent. [s. NR 439.11(1)(b) and s. NR 

439.055(4), Wis. Adm. Code, and Permit 11-POY-123]
FID No. 111003090, Permit No. 14-POY-174-R1 Page 5 of 42

B’. S11/B21 (Identified as Unit 1 for acid rain purposes) - Coal Fired Boiler - Rated at 5885 mmBtu per hour - Installed February 

1971.1 2 A recycled solids silo and a waste solids silo also exhaust through the baghouse. The boiler also has the capacity to fire wood, 

petroleum contaminated soils and absorbents, boiler cleaning waste liquids and waste oil. Please see the additional requirements that relate 

to these alternate operating scenarios for the boiler in I.C., I.D., I.E. and I.F. of the Operation Permit 111003090-P21.

#2 distillate fuel oil used during the compliance test performed shall 

be determined and recorded. For the #2 distillate fuel oil to be 

combusted during the compliance test, the certification of sulfur 

content of the #2 distillate oil delivered within six months of the test 

may be acceptable without further determination. [s. NR 439.03, 

Wis. Adm. Code, and Permit 11-POY-123-R2]

(11) The sulfur content of the #2 distillate fuel oil used during each 

subsequent cold start of the boiler when the bypassing of the 

baghouse occurs per (5)(b) may not exceed the sulfur content of the 

#2 distillate fuel oil used during the initial cold start and the 

compliance test performed as required in I.B’.1.b.(10). The sulfur 

contained in the fuel oil will contribute to emissions of condensable 

particulate matter. [s. NR 439.03, Wis. Adm. Code, and Permit 

11-POY-123-R2]

(12) The permittee shall obtain and retain fuel supplier certifications 

for each shipment of fuel oil received by the facility. The fuel 

supplier certification shall include the following information:

(a) the name of the oil supplier;

(b) a statement from the fuel supplier that the oil complies with the 

specifications for fuel oils no. 1 or 2 as defined in ASTM D396-78, 

"Standard Specification for Fuel Oils", or biodiesel fuel blend in 

ASTM D6751-11b, “Standard Specification for Biodiesel Fuel 

Blend Stock (B100) for Middle Distillate Fuel”;

(c) the sulfur content of oil delivered. [s. NR 439.03, Wis. Adm. 

Code, and Permit 11-POY-123-R2]

(13) Optimization of Baghouses

By no later than 90 Days from June 17, 2013, and continuing 

thereafter, the permittee shall ensure the continuous operation of 

each PM control device on such Unit to maximize PM emission 

reductions at all times when the Unit is in operation. 

Notwithstanding the foregoing sentence, the permittee shall not be 

required to continuously operate an ESP on any Unit if a Baghouse 

is installed and operating to replace the PM control device function 

of the ESP at that Unit. Except as required during correlation testing 

under 40 C.F.R. Part 60, Appendix B, Performance Specification 

11, and Quality Assurance Requirements under Appendix F, 

Procedure 2, the permittee shall ensure that to the extent 

practicable: (a) each compartment, except for any compartment 

specifically designated and designed as a spare compartment, of 

each Baghouse at B21 (Unit 1) remains operational; (b) repair any 

Baghouse compartment at the next planned outage (or unplanned 

outage of sufficient length); (c) each opening in the casings, 

ductwork, and expansion joints for each Baghouse at each unit B21 

(Unit 1) is inspected and repaired during the next planned Unit 

outage (or unplanned outage of sufficient length) to minimize air 

leakage; and (d) a bag leak detection program is developed and 

implemented to ensure that leaking bags are promptly replaced, as 

described in B’.1.c.(4). [ss. 285.65(2) and (13), Wis. Stats., 

Consent Decree 13-cv-266 par. 116, and Permit 14-POY-174-

R1]

(14) Commencing in calendar year 2013, and continuing annually 

(10) The permittee shall record the date, time and the sulfur content 

of the #2 distillate fuel oil combusted in the boiler. [s. NR 439.03, 

Wis. Adm. Code, and Permit 11-POY-123-R2] 

(11) The permittee shall record the results of the compliance test 

required in I.B’1.b.(10). [s. NR 439.03, Wis. Adm. Code, and 

Permit 11-POY-123-R2]

(12) The permittee shall maintain record of each cold start during 

which the baghouse is not utilized per I.B’.1.b.(5)(b). [s. NR 

439.03, Wis. Adm. Code, and Permit 11-POY-123-R2]
FID No. 111003090, Permit No. 14-POY-174-R1 Page 6 of 42

B’. S11/B21 (Identified as Unit 1 for acid rain purposes) - Coal Fired Boiler - Rated at 5885 mmBtu per hour - Installed February 

1971.1 2 A recycled solids silo and a waste solids silo also exhaust through the baghouse. The boiler also has the capacity to fire wood, 

petroleum contaminated soils and absorbents, boiler cleaning waste liquids and waste oil. Please see the additional requirements that relate 

to these alternate operating scenarios for the boiler in I.C., I.D., I.E. and I.F. of the Operation Permit 111003090-P21.

thereafter, the permittee shall ensure that stack tests are conducted 

for PM every four operating quarters. An operating quarter is any 

calendar quarter during which the Unit operates 168 hours or more. 

If testing is unable to be completed in the fourth operating quarter 

due to unforeseen circumstances, it shall be completed within 720 

Unit Operating Hours once the Unit returns to service. [ss. 

285.65(2) and (13), Wis. Stats., Consent Decree 13-cv-266 par. 

121, and Permit 14-POY-174-R1]

(15) Commencing in calendar year 2013, and continuing annually 

thereafter, the permittee shall ensure that a PM stack test is 

conducted for condensable PM using the reference methods and 

procedures set forth at 40 C.F.R. Part 51, Appendix M, Method 202, 

or any alternate method approved by EPA under the terms of this 

Consent Decree. Each test shall consist of three separate runs 

performed under representative operating conditions not including 

periods of startup, shutdown, or Malfunction. The sampling time for 

each run shall be at least 60 minutes and the volume of each run 

shall be at least 0.85 dry standard cubic meters (30 dry standard 

cubic feet). The Unit Operator shall ensure that the number of 

pounds of condensable PM emitted per million Btu of heat input 

(lb/mmBtu) from the stack test results are calculated in accordance 

with 40 C.F.R. § 60.8(f). The results of the condensable PM stack 

test conducted pursuant to this Paragraph shall not be used for the 

purpose of determining compliance with the PM Emission Rates 

required by this Consent Decree. The results of each condensable 

PM stack test shall be submitted to USEPA and WDNR within 60 

Days of completion of each test. [ss. 285.65(2) and (13), Wis. 

Stats., Consent Decree 13-cv-266 par. 123, and Permit 14-POY174-R1]

(16) By no later than December 31, 2014, Permittee shall install, 

correlate, maintain, and operate a PM CEMS for each unit B21 

(Unit 1) for the purpose of monitoring compliance with B’1.a.(3). 

The PM CEMS shall comprise a continuous particle mass monitor 

measuring filterable particulate matter concentration, directly or 

indirectly, on an hourly average basis and a diluent monitor used to 

convert the concentration to units expressed in lb/mmBtu. The PM 

CEMS installed at each unit B21 (Unit 1) must be appropriate for 

the anticipated stack conditions and capable of measuring filterable 

PM concentrations on an hourly average basis. The permittee shall 

ensure that there will be maintained, in an electronic database that 

maintains data for at least five years, the hourly average emission 

values of all PM CEMS at B21 (Unit 1) in lb/mmBtu. Except for 

periods of monitor Malfunction, maintenance, or repair, for B21 

(Unit 1), The permittee shall Continuously Operate the PM CEMS 

at all times when B21 (Unit 1) is operating. [ss. 285.65(2) and (13), 

Wis. Stats., Consent Decree 13-cv-266 par. 125, and Permit 14-

POY-174-R1]

(17) By December 31, 2013, Permittee shall submit to EPA for 

review and approval a plan for the installation and correlation of the 

PM CEMS for B21 (Unit 1). [ss. 285.65(2) and (13), Wis. Stats., 

Consent Decree 13-cv-266 par. 126, and Permit 14-POY-174-

R1]
FID No. 111003090, Permit No. 14-POY-174-R1 Page 7 of 42

B’. S11/B21 (Identified as Unit 1 for acid rain purposes) - Coal Fired Boiler - Rated at 5885 mmBtu per hour - Installed February 

1971.1 2 A recycled solids silo and a waste solids silo also exhaust through the baghouse. The boiler also has the capacity to fire wood, 

petroleum contaminated soils and absorbents, boiler cleaning waste liquids and waste oil. Please see the additional requirements that relate 

to these alternate operating scenarios for the boiler in I.C., I.D., I.E. and I.F. of the Operation Permit 111003090-P21.

(18) By no later than June 30, 2014, Permittee shall prepare and 

submit to EPA and the Department a Quality Assurance/Quality 

Control (“QA/QC”) protocol that shall be followed for the PM 

CEMS at each unit B21 (Unit 1). [ss. 285.65(2) and (13), Wis. 

Stats., Consent Decree 13-cv-266 par. 127, and Permit 14-POY174-R1]

(19) In developing both the plan for installation and correlation of 

the PM CEMS and the QA/QC protocol, Permittee shall ensure that 

the criteria set forth in 40 C.F.R. Part 60, Appendix B, Performance 

Specification 11, and 40 C.F.R. Part 60, Appendix F, Procedure 2 

are used. Following EPA’s approval of the plan described in 

B’.1.b.(17) and the QA/QC protocol described in B’.1.b.(18), The 

permittee shall thereafter operate the PM CEMS in accordance with 

the approved plan and QA/QC protocol. [ss. 285.65(2) and 

(13),Wis. Stats., Consent Decree 13-cv-266 par. 128, and Permit 

14-POY-174-R1]

(20) By December 31, 2014, Permittee shall ensure that the PM 

CEMS is installed, correlated, maintained, and Continuously 

Operated. Permittee shall ensure that performance specification 

tests on the PM CEMS are conducted, and shall ensure compliance 

with the PM CEMS installation and correlation plans submitted to 

and approved by EPA in accordance with B’.1.b.(17) and (18) is 

demonstrated. The PM CEMS shall be operated in accordance with 

the approved plan and QA/QC protocol. The data recorded by the 

PM CEMS during Unit operation, expressed in lb/mmBtu on a 24-

Hour Rolling Average, shall be reported in electronic format to 

EPA, identifying in the report any PM Emission Rates in excess of 

the applicable PM Emission Rate and any concentrations measured 

by the PM CEMS that are greater than 125% of the highest PM 

concentration level used in the most recent correlation testing 

performed pursuant to Performance Specification 11 in 40 C.F.R. 

Part 60, Appendix B. [ss. 285.65(2) and (13),Wis. Stats., Consent 

Decree 13-cv-266 par. 129, and Permit 14-POY-174-R1]

Pollutant: 2. Visible Emissions

a. Limitations:

(1) Opacity may not exceed 20% or number 1 of the Ringlemann chart.

(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.4 

3

(3) Emissions 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 or reserve equipment, or other good cause, provided no hazard or unsafe condition 

arises. Such permission may only be granted in writing.

[s. NR 431.05(1)&(2), Wis. Adm. Code, and Permit 11-POY-123] 

 

4

 When combustion equipment is being cleaned or a new fire started and opacity exceeds 20%, one 6-minute exceedance per hour may be exempt, 

but no more than 3 exemptions per day are allowed. This provision does not restrict the number of cleanings or the number of fires that may be 

started in any day, only the number of exemptions that are allowed in any one day.
FID No. 111003090, Permit No. 14-POY-174-R1 Page 8 of 42

B’. S11/B21 (Identified as Unit 1 for acid rain purposes) - Coal Fired Boiler - Rated at 5885 mmBtu per hour - Installed February 

1971.1 2 A recycled solids silo and a waste solids silo also exhaust through the baghouse. The boiler also has the capacity to fire wood, 

petroleum contaminated soils and absorbents, boiler cleaning waste liquids and waste oil. Please see the additional requirements that relate 

to these alternate operating scenarios for the boiler in I.C., I.D., I.E. and I.F. of the Operation Permit 111003090-P21.

b. Compliance Demonstration: c. Test Methods, Recordkeeping, and Monitoring:

(1) The permittee shall calibrate, maintain and operate a continuous 

monitoring system which meets the performance specifications of 

condition I.B’.2.b.(2) for the measurement of opacity from stack 

S11.5 

[s. NR 439.095(1)(f), Wis. Adm. Code]

(2) The permittee shall calibrate maintain and operate the 

continuous emission monitor required by condition I.B’.2.b.(1) in 

accordance with the performance specifications in 40 CFR part 75, 

Appendices A to I and Performance Specification 1 in 40 CFR part 

60, Appendix B. [ss. NR 439.09(1) and NR 439.095(6), Wis. 

Adm. Code]

(3) The continuous emission monitor required by condition 

I.B’.2.b.(1) shall follow a quality control and quality assurance 

plan, as approved by the Department. [ss. NR 439.09(8) and NR

439.095(6), Wis. Adm. Code]

(4) The permittee shall prepare and submit to the Department an 

updated Start-up and Shut-down Plan for the boiler. This plan shall 

be submitted prior to the initial operation of the spray dryer 

absorber. The plan shall define normal start-up and shut-down 

procedures, including the normal duration of start-up and shut-down 

periods. 

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

(1) Reference Test Method for Visible Emissions: Whenever 

compliance emission testing is required, US EPA Method 9 shall be 

used to demonstrate compliance. 

[s. NR 439.06(9)(a)1., Wis. Adm. Code]

(2) The continuous opacity monitor required by condition 

I.B’.2.b.(1) shall complete one cycle of sampling and analyzing for 

each successive 10-second period and one cycle of data recording 

for each successive 6-minute period. 

[s. NR 439.09(9)(a), Wis. Adm. Code]

(3) The permittee shall submit quarterly excess emission reports to 

the Department within 30 days following the end of each calendar 

quarter. [s. NR 439.09(10), Wis. Adm. Code]

(4) Excess emissions for opacity are, any 6 minute period during 

which the average opacity exceeds the limitation in condition 

I.B’.2.a.(1). [s. NR 439.09(10)(b), Wis. Adm. Code]

(5) The excess emission reports required by condition I.B’.2.c.(3) 

shall be submitted in accordance with Condition No. I.ZZZ.1.a(7) 

of this construction permit. [s. NR 439.09(10)(a), Wis. Adm. 

Code]

Pollutant: 3. Sulfur Dioxide

a. Limitations:

(1) Emissions may not exceed 3.2 pounds per million Btu heat input. [s. NR 417.07(2)(a), Wis. Adm. Code]

(2) Commencing no later than 30 Operating Days after January 1, 2015, B21 (Unit 1) shall achieve and maintain a 30-Day Rolling 

Average Emission Rate for SO2 of no greater than 0.075 lb/mmBtu. [ss. 285.65(2) and (13),Wis. Stats., Consent Decree 13-cv-266 par. 

83, and Permit 14-POY-174-R1]

b. Compliance Demonstration: c. Test Methods, Recordkeeping, and Monitoring:

(1) The permittee shall calibrate, maintain and operate a continuous 

monitoring system for the measurement of sulfur dioxide which 

meets the performance specifications of condition I.B’.3.b.(2).6 [s. 

NR 439.095(1)(f), Wis. Adm. Code]

(2) The permittee shall calibrate maintain and operate the 

continuous emission monitor required by condition I.B’.3.b.(1) in 

accordance with the performance specifications in 40 CFR part 75, 

(1) Reference Test Method for Sulfur Dioxide Emissions: 

Whenever compliance emission testing is required, US EPA 

Method 6, 6A, 6B, or 6C shall be used to demonstrate compliance. 

[s. NR 439.06(6)(a), Wis. Adm. Code]

(2) The continuous sulfur dioxide monitor required by condition 

I.B’.3.b.(1) shall perform sampling, analyzing and data recording as 

follows:

 

5

 The permittee is exempt from the biennial opacity compliance tests required by s. NR 439.075(3)(b), Wis. Adm. Code, provided they operate a 

continuous opacity monitor that meets the performance specification requirements of s. NR 439.09, Wis. Adm. Code, pursuant to s. NR 

439.075(4)(a)2., Wis. Adm. Code.

6 The permittee is exempt from the biennial sulfur dioxide compliance tests required by ss. NR 439.075(2)(a)2., and (3)(b), Wis. 

Adm. Code, provided they operate a continuous sulfur dioxide emission monitor that meets the performance specification 

requirements of s. NR 439.09, Wis. Adm. Code, pursuant to s. NR 439.075(4)(a)2., Wis. Adm. Code. The permittee is exempt from 

the periodic fuel sampling and analysis requirements of s. NR 439.085(2), Wis. Adm. Code, provided they operate a continuous sulfur 

dioxide emission monitor that meets the performance specification requirements of s. NR 439.09, Wis. Adm. Code, pursuant to s. NR 

439.085(1)(c), Wis. Adm. Code.
FID No. 111003090, Permit No. 14-POY-174-R1 Page 9 of 42

B’. S11/B21 (Identified as Unit 1 for acid rain purposes) - Coal Fired Boiler - Rated at 5885 mmBtu per hour - Installed February 

1971.1 2 A recycled solids silo and a waste solids silo also exhaust through the baghouse. The boiler also has the capacity to fire wood, 

petroleum contaminated soils and absorbents, boiler cleaning waste liquids and waste oil. Please see the additional requirements that relate 

to these alternate operating scenarios for the boiler in I.C., I.D., I.E. and I.F. of the Operation Permit 111003090-P21.

Appendices A to I. 

[ss. NR 439.09(2) and NR 439.095(6), Wis. Adm. Code]

(3) The continuous emission monitor required by condition 

I.B’.3.b.(1) shall follow a quality control and quality assurance 

plan, as approved by the Department. 

[ss. NR 439.09(8) and NR 439.095(6), Wis. Adm. Code]

(4) Permittee shall install a Dry Flue Gas Desulfurization (DFGD) 

at B21 (Unit 1) on or before December 31, 2014. Commencing on 

January 1, 2015, and continuing thereafter, Permittee shall 

Continuously Operate the DFGD. [ss. 285.65(2) and (13), Wis. 

Stats., Consent Decree 13-cv-266 par. 101, and Permit 14-POY174-R1]

(5) In determining a 30-Day Rolling Average Emission Rate for 

SO2, the permittee shall use SO2 emission data obtained from a 

CEMS in accordance with the procedures of 40 C.F.R. Part 75, 

except that SO2 emissions data need not be bias adjusted and the 

missing data substitution procedures of 40 C.F.R. Part 75 shall not 

apply to such determinations. Diluent capping (i.e., 5% CO2) will be 

applied to the SO2 Emission Rate for any hours where the measured 

CO2 concentration is less than 5% following the procedures in 40 

C.F.R. Part 75, Appendix F, Section 3.3.4.1. [ss. 285.65(2) and 

(13), Wis. Stats., Consent Decree 13-cv-266 par. 107, and Permit 

14-POY-174-R1]

(a) Complete one cycle of sampling, analyzing and data recording 

for each successive 15-minute period.

(b) The values recorded shall be averaged hourly. 

(c) Hourly averages shall be computed from a minimum of 4 data 

points equally spaced over each 1 hour period, except during 

periods when calibrations, quality assurance or maintenance 

activities are being performed. During these periods, a valid hour 

shall consist of at least 2 data points separated by a minimum of 15 

minutes. [s. NR 439.09(9)(b), Wis. Adm. Code and 40 CFR 

75.10(1)]

(3) The permittee shall submit quarterly excess emission reports to 

the Department within 30 days following the end of each calendar 

quarter. [s. NR 439.09(10), Wis. Adm. Code]

(4) Excess emissions for sulfur dioxide are, any 24 hour rolling 

average during which the average sulfur dioxide emissions exceed 

the limitation in condition I.B’.3.a.(1).7 [s. NR 439.09(10)(b), Wis. 

Adm. Code]

(5) For purposes of reporting exceedances on the basis of a 24-hour 

rolling average, any hourly average may be included in only one 24 

hour period. An exceedance shall be based on at least 18 and not 

more than 24 valid recordings of hourly average emission rates in 

any 24 hour period. [s. NR 439.09(10)(c), Wis. Adm. Code.]

(6) The excess emission reports required by condition I.B’.3.c.(3) 

shall contain the information in condition I.T.2.a. [s. NR 

439.09(10)(a), Wis. Adm. Code]

Pollutant: 4. Nitrogen Oxides

a. Limitations:

(1) Following the completion of the 6th pulverizer replacement or expiration of this construction permit, whichever comes first, emissions 

may not exceed 249.16 tons per month, averaged over any 12 consecutive months.8[s. 285.65(7), Wis. Stats., and Permit 14-POY-174]. 

(2) Commencing no later than 90 Days after June 17, 2013, and continuing thereafter, the permittee shall ensure the Continuous Operation 

of the Low NOx Combustion System so that B21 (Unit 1) achieves and maintains a 12-Month Rolling Average Emission Rate for NOx of 

no greater than 0.150 lb/mmBtu [ss. 285.65(2) and (13),Wis. Stats., Consent Decree 13-cv-266 par. 83, and Permit 14-POY-174-R1]

b. Compliance Demonstration: c. Test Methods, Recordkeeping, and Monitoring:

(1) The permittee shall calibrate, maintain and operate a continuous 

monitoring system for the measurement of nitrogen oxides which 

meets the performance specifications of condition I.B'.4.b.(2). [s. 

NR 439.095(1)(f), Wis. Adm. Code]

(2) The permittee shall calibrate maintain and operate the 

continuous emission monitor required by condition I.B'.4.b.(1) in 

accordance with the performance specifications in 40 CFR part 75, 

(1) Reference Test Method for Nitrogen Oxide Emissions: 

Whenever compliance emission testing is required, US EPA 

Method 7, 7C, 7D, or 7E shall be used to demonstrate compliance. 

[s. NR 439.06(2), Wis. Adm. Code]

(2) The continuous nitrogen oxides monitor required by condition 

I.B'.4.b.(1) shall perform sampling, analyzing and data recording as 

follows:

 

7 Excess emissions are defined as any 24 hour rolling average during which sulfur dioxide emissions exceed the limitation. The permittee may keep 

records in terms of hourly averages. If none of the hourly averages exceed the emission limitations, it can be assumed that the 24 hour rolling 

average emissions do not exceed the limitation. 

8 The permittee proposed this emission limit on October 25, 2014 to avoid PSD applicability for NOx emissions for permit 14-POY-174.
FID No. 111003090, Permit No. 14-POY-174-R1 Page 10 of 42

B’. S11/B21 (Identified as Unit 1 for acid rain purposes) - Coal Fired Boiler - Rated at 5885 mmBtu per hour - Installed February 

1971.1 2 A recycled solids silo and a waste solids silo also exhaust through the baghouse. The boiler also has the capacity to fire wood, 

petroleum contaminated soils and absorbents, boiler cleaning waste liquids and waste oil. Please see the additional requirements that relate 

to these alternate operating scenarios for the boiler in I.C., I.D., I.E. and I.F. of the Operation Permit 111003090-P21.

Appendices A to I. 

[ss. NR 439.09(2) and NR 439.095(6), Wis. Adm. Code]

(3) The continuous emission monitor required by condition 

I.B'.4.b.(1) shall follow a quality control and quality assurance plan, 

as approved by the Department. [ss. NR 439.09(8) and NR 

439.095(6), Wis. Adm. Code]

(4) The permittee shall calculate the monthly nitrogen oxides 

emissions from the boiler in the unit of tons per month, averaged 

over the 12 consecutive month period, by the end of the following 

month. 

[s. 285.65(3), Wis. Stats., and Permit 14-POY-174]

(5) In determining a 12-Month Rolling Average Emission Rate for 

NOx, required by conditions B’.4.a.(2), the permittee shall use NOx

emission data obtained from a CEMS in accordance with the 

procedures of 40 C.F.R. Part 75, except that NOx emissions data 

need not be bias adjusted and the missing data substitution 

procedures of 40 C.F.R. Part 75 shall not apply to such 

determinations. Diluent capping (i.e., 5% CO2) will be applied to 

the NOx emission rate for any hours where the measured CO2

concentration is less than 5% following the procedures in 40 C.F.R. 

Part 75, Appendix F, Section 3.3.4.1. [ss. 285.65(2) and (13), Wis. 

Stats., Consent Decree 13-cv-266 par. 92, and Permit 14-POY174-R1]

(a) Complete one cycle of sampling, analyzing and date recording 

for each successive 15-minute period.

(b) The values recorded shall be averaged hourly. 

(c) Hourly averages shall be computed from a minimum of 4 data 

points equally spaced over each 1 hour period, except during 

periods when calibrations, quality assurance or maintenance 

activities are being performed. During these periods, a valid hour 

shall consist of at least 2 data points separated by a minimum of 15 

minutes. 

[s. NR 439.09(9)(b), Wis. Adm. Code and 40 CFR 75.10(1)]

(3) The permittee shall record the monthly nitrogen oxides 

emissions from the boiler in the unit of tons. 

[s. NR 439.04, Wis. Adm. Code, and Permit 14-POY-174]

(4) The permittee shall record the monthly nitrogen oxides 

emissions from the boiler in the unit of tons per month, averaged 

over each 12 consecutive month period. 

[s. NR 439.04, Wis. Adm. Code, and Permit 14-POY-174]

Pollutant: 5. Carbon Monoxide (these conditions apply upon completion of the steam turbine upgrade)

a. Limitations:

(1) Best Available Control Technology (BACT): 0.16 pound per million BTU heat input, averaged over any 12 consecutive months. [s. 

NR 405.08, Wis. Adm. Code, and Permit 14-POY-174]

b. Compliance Demonstration: c. Test Methods, Recordkeeping, and Monitoring:

(1) The permittee shall calibrate, maintain and operate a continuous 

monitoring system (CEMS) for the measurement of carbon 

monoxide which meets the performance specifications of condition 

I.B'.5.b.(2). [s. 285.65(3), Wis. Stats., and Permit 14-POY-174]

(2) The permittee shall calibrate maintain and operate the 

continuous emission monitor required by condition I.B'.5.b.(1) in 

accordance with the performance specifications in 40 CFR Part 60, 

Appendix B. 

[s. NR 439.09(4), Wis. Adm. Code, and Permit 14-POY-174]

(3) The continuous emission monitor required by condition 

I.B'.5.b.(1) shall follow a quality control and quality assurance plan, 

as approved by the Department. 

[ss. NR 439.09(8) and NR 439.095(6), Wis. Adm. Code, and 

Permit 14-POY-174]

(4) The permittee shall calculate the monthly carbon monoxide 

emissions from the boiler in the unit of pounds per mmBtu, 

(1) The continuous carbon monoxide monitor required by condition 

I.B'.5.b.(1) shall perform sampling, analyzing and data recording as 

follows:

(a) Complete one cycle of sampling, analyzing and date recording 

for each successive 15-minute period.

(b) The values recorded shall be average hourly. 

(c) Hourly averages shall be computed from 4 data points equally 

spaced over each 1 hour period, except during periods when 

calibrations, quality assurance or maintenance activities are being 

performed. During these periods, a valid hour shall consist of at 

least 2 data points separated by a minimum of 15 minutes. [s. NR 

439.09(9)(b), Wis. Adm. Code, and Permit 14-POY-174]

(2) The permittee shall record the monthly carbon monoxide 

emissions from the boiler in the unit of pounds. 

[s. NR 439.04, Wis. Adm. Code, and Permit 14-POY-174]

(3) The permittee shall record the monthly heat input produced by 

the boiler in the unit of million Btus and measured by the CEMS.
FID No. 111003090, Permit No. 14-POY-174-R1 Page 11 of 42

B’. S11/B21 (Identified as Unit 1 for acid rain purposes) - Coal Fired Boiler - Rated at 5885 mmBtu per hour - Installed February 

1971.1 2 A recycled solids silo and a waste solids silo also exhaust through the baghouse. The boiler also has the capacity to fire wood, 

petroleum contaminated soils and absorbents, boiler cleaning waste liquids and waste oil. Please see the additional requirements that relate 

to these alternate operating scenarios for the boiler in I.C., I.D., I.E. and I.F. of the Operation Permit 111003090-P21.

averaged over the 12 consecutive month period, by the end of the 

following month. This calculation shall be made by dividing total 

pounds of carbon monoxide emitted by the total heat input 

produced by the boiler (mmBtu), as measured by the CEMS, during 

the 12 consecutive month period [s. 285.65(3), Wis. Stats., and 

Permit 14-POY-174]

[s. NR 439.04, Wis. Adm. Code, and Permit 14-POY-174]

(4) The permittee shall record the monthly average carbon 

monoxide emissions from the boiler in the units of pounds per 

mmBtu, averaged over each 12 consecutive month period. 

[s. NR 439.04, Wis. Adm. Code, and Permit 14-POY-174]

Pollutant: 6. Carbon Dioxide (these conditions apply upon completion of the steam turbine upgrade)

a. Limitations:

(1) Best Available Control Technology (BACT): 2,537 pounds per MW-hr (gross), averaged over any 12 consecutive months. [s. NR 

405.08, Wis. Adm. Code, and Permit 14-POY-174]

b. Compliance Demonstration: c. Test Methods, Recordkeeping, and Monitoring:

(1) The permittee shall calibrate, maintain and operate a continuous 

monitoring system for the measurement of carbon dioxide which 

meets the performance specifications of condition I.B'.6.b.(2). [s. 

NR 439.095(1)(f), Wis. Adm. Code]

(2) The permittee shall calibrate maintain and operate the 

continuous emission monitor required by condition I.B'.6.b.(1) in 

accordance with the performance specifications in 40 CFR part 75, 

Appendices A to I. 

[s. NR 439.095(6), Wis. Adm. Code]

(3) The continuous emission monitor required by condition 

I.B'.6.b.(1) shall follow a quality control and quality assurance plan, 

as approved by the Department. 

[ss. NR 439.09(8) and NR 439.095(6), Wis. Adm. Code]

(4) The permittee shall calculate the monthly carbon dioxide 

emissions from the boiler in the unit of pounds per megawatt-hour, 

averaged over the 12 consecutive month period, by the end of the 

following month. This calculation shall be made dividing total 

pounds of carbon dioxide emitted by the megawatt hours (gross) 

produced by the turbine during the 12 consecutive month period. [s. 

285.65(3), Wis. Stats., and permit 14-POY-174]

(1) The continuous carbon dioxide monitor required by condition 

I.B'.6.b.(1) shall perform sampling, analyzing and data recording as 

follows:

(a) Complete one cycle of sampling, analyzing and date recording 

for each successive 15-minute period.

(b) The values recorded shall be average hourly. 

(c) Hourly averages shall be computed from 4 data points equally 

spaced over each 1 hour period, except during periods when 

calibrations, quality assurance or maintenance activities are being 

performed. During these periods, a valid hour shall consist of at 

least 2 data points separated by a minimum of 15 minutes. [s. NR 

439.09(9)(b), Wis. Adm. Code]

(2) The permittee shall record the monthly carbon dioxide 

emissions from the boiler in the unit of pounds. 

[s. NR 439.04, Wis. Adm. Code, and Permit 14-POY-174]

(3) The permittee shall record the monthly gross megawatt hours 

produced by the turbine. 

[s. NR 439.04, Wis. Adm. Code, and Permit 14-POY-174]

(4) The permittee shall record the monthly carbon dioxide 

emissions from the boiler in the unit of pounds per megawatt-hour 

(gross), averaged over each 12 consecutive month period. 

[s. NR 439.04, Wis. Adm. Code, and Permit 14-POY-174]

Condition 7: Stack Flow Rate

a. Limitations:

(1) The permittee shall calibrate, maintain and operate a continuous monitoring system for the measurement of the stack flow rate which 

meets the performance specifications of condition I.B'.7.b.(1). [s. NR 439.095(1)(f), Wis. Adm. Code]

b. Compliance Demonstration: c. Test Methods, Recordkeeping, and Monitoring:
FID No. 111003090, Permit No. 14-POY-174-R1 Page 12 of 42

B’. S11/B21 (Identified as Unit 1 for acid rain purposes) - Coal Fired Boiler - Rated at 5885 mmBtu per hour - Installed February 

1971.1 2 A recycled solids silo and a waste solids silo also exhaust through the baghouse. The boiler also has the capacity to fire wood, 

petroleum contaminated soils and absorbents, boiler cleaning waste liquids and waste oil. Please see the additional requirements that relate 

to these alternate operating scenarios for the boiler in I.C., I.D., I.E. and I.F. of the Operation Permit 111003090-P21.

(1) The permittee shall calibrate maintain and operate the 

continuous emission monitor required by condition I.B'.7.a.(1) in 

accordance with the performance specifications in 40 CFR part 75, 

Appendices A to I. 

[s. NR 439.095(6), Wis. Adm. Code]

(2) The continuous emission monitor required by condition 

I.B'.7.a.(1) shall follow a quality control and quality assurance plan, 

as approved by the Department. 

[ss. NR 439.09(8) and NR 439.095(6), Wis. Adm. Code]

(1) The continuous stack flow rate monitor required by condition 

I.B'.7.a.(1) shall be used to convert either sulfur dioxide or nitrogen 

oxide continuous emission monitoring data, or both, to units of the 

applicable emission limitations. 

[s. NR 439.095(5)(f), Wis. Adm. Code]
FID No. 111003090, Permit No. 14-POY-174-R1 Page 13 of 42

BA. S25/P25 Lime Silo Bin Vent For Unit 1 - Permitted 2011 

Pollutant: 1. Particulate Matter/PM10/PM2.5 Emissions

a. Limitations:

(1) Emissions may not exceed 6.4 x 10-2pounds per hour. [s. NR 404.08(8) and (9), Wis. Adm. Code, s. 285.65(7), Wis. Stats., and 

Permit 11-POY-123]

b. Compliance Demonstration: c. Test Methods, Recordkeeping, and Monitoring:

(1) The permittee shall operate a fabric filter control device on the lime silo 

to control particulate matter/PM10/PM2.5 emissions whenever the silo is being 

filled or operated. [s. 285.63(1)(a), Wis. Stats., and Permit 11-POY-123]

(2) The permittee shall perform internal inspections of the fabric filter control 

device not less than once every 18 months to ensure that the control 

equipment is operating properly. [s. NR 407.09(4)(a)3.b., Wis. Adm. Code]

(3) The permittee shall maintain at the facility a written copy of the emission 

guarantee from the fabric filter control device manufacturer or vendor that the 

emission limit in I.BA.1.a.(1) will be met at all times. [s. 285.65(3), and 

Permit 11-POY-123]

(4) The permittee shall submit to the Department, within 30 days after the 

start of initial operation of the silo, the operating range of the pressure drop 

across the fabric filter control device. [s. NR 439.055(1)(a), Wis. Adm. 

Code, and Permit 11-POY-123] 

(5) The permittee shall install, maintain and operate instruments to monitor 

the pressure drop across the fabric filter control device.

[s. NR 439.055(1)(a), Wis. Adm. Code, and Permit 11-POY-123] 

(6) Stack Parameters

(a) Stack height shall be at least 143 feet above ground level.

(b) The stack outlet diameter may not be greater than 1 foot.

(c) The stack may not be equipped with a rainhat or other device which 

impedes the upward flow of the exhaust gases.

[s. 285.65(3), Stats. and s. NR 406.10, Wis. Adm. Code, and 11-POY-123]

(1) Reference Test Method for Particulate Matter 

Emissions: Whenever compliance emission testing is 

required, US EPA Method 5, including condensible 

backhalf emissions, shall be used to demonstrate 

compliance. 

[s. NR 439.06(1), Wis. Adm. Code]

(2) The permittee shall record the pressure drop across 

the fabric filter once for every 8 hours of operation or 

once per day, whichever yields the greater number of 

measurements. [s. NR 439.055(2)(b)1., Wis. Adm. Code, 

and 11-POY-123]

(3) The permittee shall keep records of all inspections, 

checks and any maintenance or repairs performed on the 

fabric filter control device, containing the date of the 

action, initials of inspector, and the results. [s. NR 

439.04(1)(d), Wis. Adm. Code, and 11-POY-123]

(4) The pressure drop monitoring device shall be accurate 

to within 5% of the pressure drop being measured or 

within ±1 inch of water column, whichever is greater. [s. 

NR 439.055(3)(b), Wis. Adm. Code, and Permit 11-

POY-123]

Pollutant: 2. Visible Emissions

a. Limitations:

(1) Opacity may not exceed 20% or number 1 of the Ringlemann chart.

[s. NR 431.05, Wis. Adm. Code, and Permit 11-POY-123] 

b. Compliance Demonstration: c. Test Methods, Recordkeeping, and Monitoring:

(1) The permittee shall comply with I.BA.1.b.

[s. 285.65(3), Wis. Stat., and Permit 11-POY-123]

(1) Reference Test Method for Visible Emissions: 

Whenever compliance emission testing is required, US 

EPA Method 9 shall be used to demonstrate compliance. 

[s. NR 439.06(9)(a)1., Wis. Adm. Code]

(2) The permittee shall comply with I.BA.1.c.
FID No. 111003090, Permit No. 14-POY-174-R1 Page 14 of 42

BB. S31/P31 PAC Silo Bin Vent - Permitted 2011 

Pollutant: 1. Particulate Matter/PM10/PM2.5 Emissions

a. Limitations:

(1) Emissions may not exceed 0.13 pounds per hour. [s. NR 404.08(8) and (9), Wis. Adm. Code, s. 285.65(7), Wis. Stats., and Permit 

11-POY-123]

b. Compliance Demonstration: c. Test Methods, Recordkeeping, and Monitoring:

(1) The permittee shall operate a fabric filter control device on the PAC silo to 

control particulate matter/PM10/PM2.5 emissions whenever the silo is being 

filled or operated. [s. 285.63(1)(a), Wis. Stats., and Permit 11-POY-123]

(2) The permittee shall perform internal inspections of the fabric filter control 

device not less than once every 18 months to ensure that the control equipment 

is operating properly. [s. NR 407.09(4)(a)3.b., Wis. Adm. Code]

(3) The permittee shall maintain at the facility a written copy of the emission 

guarantee from the fabric filter control device manufacturer or vendor that the 

emission limit in I.BB.1.a.(1) will be met at all times. [s. 285.65(3), and 

Permit 11-POY-123]

(4) The permittee shall submit to the Department, within 30 days after the 

issuance of this construction permit, the operating range of the pressure drop 

across the fabric filter control device. [s. NR 439.055(1)(a), Wis. Adm. Code, 

and Permit 11-POY-123] 

(5) The permittee shall install, maintain and operate instruments to monitor the 

pressure drop across the fabric filter control device.

[s. NR 439.055(1)(a), Wis. Adm. Code, and Permit 11-POY-123] 

(6) Stack Parameters

(a) Stack height shall be at least 82 feet above ground level.

(b) The stack outlet diameter may not be greater than 3 feet.

(c) The stack may not be equipped with a rainhat or other device which 

impedes the upward flow of the exhaust gases.

[s. 285.65(3), Stats. and s. NR 406.10, Wis. Adm. Code, and 11-POY-123]

(1) Reference Test Method for Particulate Matter 

Emissions: Whenever compliance emission testing is 

required, US EPA Method 5, including condensible 

backhalf emissions, shall be used to demonstrate 

compliance. 

[s. NR 439.06(1), Wis. Adm. Code]

(2) The permittee shall record the pressure drop across 

the fabric filter once for every 8 hours of operation or 

once per day, whichever yields the greater number of 

measurements. [s. NR 439.055(2)(b)1., Wis. Adm. 

Code, and 11-POY-123]

(3) The permittee shall keep records of all inspections, 

checks and any maintenance or repairs performed on the 

fabric filter control device, containing the date of the 

action, initials of inspector, and the results. [s. NR 

439.04(1)(d), Wis. Adm. Code, and 11-POY-123]

(4) The pressure drop monitoring device shall be 

accurate to within 5% of the pressure drop being 

measured or within ±1 inch of water column, whichever 

is greater. [s. NR 439.055(3)(b), Wis. Adm. Code, and 

Permit 11-POY-123]

Pollutant: 2. Visible Emissions

a. Limitations:

(1) Opacity may not exceed 20% or number 1 of the Ringlemann chart.

[s. NR 431.05, Wis. Adm. Code, and Permit 11-POY-123] 

b. Compliance Demonstration: c. Test Methods, Recordkeeping, and Monitoring:

(1) The permittee shall comply with I.BB.1.b.

[s. 285.65(3), Wis. Stat., and Permit 11-POY-123]

(1) Reference Test Method for Visible Emissions: 

Whenever compliance emission testing is required, US 

EPA Method 9 shall be used to demonstrate compliance. 

[s. NR 439.06(9)(a)1., Wis. Adm. Code]

(2) The permittee shall comply with I.BB.1.c.
FID No. 111003090, Permit No. 14-POY-174-R1 Page 15 of 42

G’. S12/B22 (Identified as Unit 2 for acid rain purposes) - Coal Fired Boiler - Rated at 5885 mmBtu per hour - Installed 1975.9

A recycled solids silo and a waste solids silo also exhaust through the baghouse. The boiler also has the capacity to fire wood, 

petroleum contaminated soils and absorbents, and waste oil. Please see the requirements that relate to these alternate operating scenarios 

for the boiler in I.H., I.I. and I.J. of Operation Permit 111003090-P21.

Pollutant: 1. Particulate Matter, PM10 and PM2.5 Emissions

a. Limitations10:

(1)(a) Particulate matter emissions may not exceed 0.0195 pounds per million Btu heat input. [s. 285.65(7), Wis. Stats., and Permits 11-

POY-123 and 14-POY-174]

(1)(b) PM10 emissions may not exceed 0.0175 pounds per million Btu heat input. [s. 285.65(7), Wis. Stats., and Permits 11-POY-123 

and 14-POY-174]

(1)(c) PM2.5 emissions may not exceed 0.0175 pounds per million Btu heat input. [s. 285.65(7), Wis. Stats., and Permits 11-POY-123 

and 14-POY-174]

(2) Particulate matter emissions may not exceed 0.10 pounds per million Btu heat input. [s. NR 415.06(2)(c), Wis. Adm. Code, and 

Permits and 14-POY-174]

(3) Particulate matter emissions may not exceed 0.10 pounds per million Btu heat input. [s. NR 440.19(3)(a)1., Wis. Adm. Code, and 

Permits and 14-POY-174]

(4) Beginning December 31, 2014, and continuing thereafter, filterable PM Emissions from B22 (Unit 2) may not exceed 0.015 lb/mmBtu 

heat input based on a 24-Hour Rolling Average. Notwithstanding this PM Emission Rate requirement, the permittee may ensure that B22 

(Unit 2) achieves a filterable PM Emission Rate of no greater than 0.030 lb/mmBTU during periods of level 3 (high range) correlation 

testing under PS-11, Section 8.6(4), provided that such correlation testing is conducted in accordance with the procedures approved by 

EPA as part of the correlation plan required by I.G’.1.b.(17). [ss. 285.65(2) and (13), Wis. Stats., Consent Decree 13-cv-266 par. 117, 

and Permit 14-POY-174-R1]

(5) The permittee shall only fire:

(a) Coal, natural gas and #2 fuel oil as primary fuels in the boiler; and 

(b) Wood fuel, petroleum contaminated soils and absorbents and waste oil as alternate fuels in the boiler. See section I.H. for additional 

requirements that apply while firing wood in the boiler. See section I.I. for additional requirements that apply while firing petroleum 

contaminated soil in the boiler. See section I.J. for additional requirements that apply while firing waste oil in the boiler. [ss. 285.65(3) 

and 285.63(1)(a), Wis. Stats.]

b. Compliance Demonstration: c. Test Methods, Recordkeeping, and Monitoring:

(1) To demonstrate compliance with I.G’.1.a.(1)(a), (b) and 

(c), and I.G'.1.a.(2) and(3), the permittee shall conduct a 

compliance emission test within 90 days after the start of 

initial operation of the spray dryer absorber for B22, while 

operating at 100% capacity. USEPA Methods 5 (Teflon filter 

media) or 201A (Wisconsin modified) and 202, or another 

method approved by the Department in writing shall be used 

in the emission test to demonstrate compliance with 

I.G'.1.a.(1)(a), (b) and (c), and I.G'.1.a.(2). USEPA Methods 

5, or another method approved by the Department in writing 

shall be used in the emission test to demonstrate compliance 

with I.G'.1.a.(3). During the test, the electrostatic precipitator 

shall be disabled, such that the test can show that the emission

limit can be met without the electrostatic precipitator in 

operation. If operation at 100% capacity is not feasible, the 

source shall operate at a capacity level which is approved by 

the Department in writing. [s. NR 439.03, Wis. Adm. Code, 

and Permit 14-POY-174]

(2) The following compliance emission tests of the boiler 

shall be conducted to demonstrate compliance with the 

(1) The permittee shall retain copies of the results of the tests required 

by conditions I.G’.1.b.(1) and (2) at the facility. [s. NR 439.04(1)(a), 

Wis. Adm. Code]

(2) The permittee shall keep monthly records of:

(a) The type of each fuel fired in the boiler; and 

(b) The amount of each fuel fired in the boiler. 

[s. NR 439.04(1)(d), Wis. Adm. Code]

(3) (a) The permittee shall develop and submit to the Department, within 

180 days after the start of initial operation of the spray dryer absorber, for 

approval of a site-specific monitoring plan for each bag leak detection 

system. The permittee shall operate and maintain the bag leak detection 

system according to the site-specific monitoring plan at all times. Each 

monitoring plan must describe the items in paragraphs (i) through (vi) 

below.

(i) Installation of the bag leak detection system;

 

9 Note: The requirements and emission limitations outlined in this section apply to the boiler at all times regardless of the fuel being fired.

10 Emission limits in (1)(a), (b) and (c) are proposed by the permittee to avoid PSD applicability for the project covered under Permit 11-POY-123..
FID No. 111003090, Permit No. 14-POY-174-R1 Page 16 of 42

G’. S12/B22 (Identified as Unit 2 for acid rain purposes) - Coal Fired Boiler - Rated at 5885 mmBtu per hour - Installed 1975.9

A recycled solids silo and a waste solids silo also exhaust through the baghouse. The boiler also has the capacity to fire wood, 

petroleum contaminated soils and absorbents, and waste oil. Please see the requirements that relate to these alternate operating scenarios 

for the boiler in I.H., I.I. and I.J. of Operation Permit 111003090-P21.

particulate matter, PM10 and PM2.5 emission limits in 

condition I.G’.1.a.(1):

(a) Testing required in I.G’.1.b.(1) and (2) shall be conducted 

every 24 months as long as this permit remains valid; 

(b) Each biennial test shall be performed within 90 days of 

the anniversary date of the issuance of this permit or within 90 

days of an alternate date specified by the Department in 

writing; 

(c) The permittee may request and the Department may 

approve a waiver from the required biennial testing provided 

the results of the most recently completed test demonstrate 

that particulate matter emissions are 50 percent or less of the 

applicable limitations in condition I.G’.1.a.(1);

(d) This testing shall be conducted in accordance with 

Condition No. I.ZZZ.1.a.(4) of this construction permit.

[ss. NR 439.07 and NR 439.075(2)(a)1. and (3)(b), Wis. 

Adm. Code, and Permit 11-POY-123] 

(3)(a) The permittee shall operate a fabric filter baghouse 

control device on the boiler to control particulate matter 

emissions whenever the boiler is in operation. 

(b) Condition (3)(a) does not apply during periods of cold start 

when only #2 distillate fuel oil is burned to increase the boiler 

temperature to a level that the baghouse can be safely 

operated. 

(c) The baghouse shall be operational prior to any solid fuel or 

any liquid fuel other than #2 distillate fuel oil being fed to the 

boiler for combustion. [s. 285.63(1)(a), Wis. Stats., and 

Permit 11-POY-123-R2]

(4) The permittee shall install, operate, and maintain the bag 

leak detection system according to paragraphs (a) through (c) 

of this condition.

(a) Each bag leak detection system must meet the 

specifications and requirements in following paragraphs (i) 

through (viii).

(i) The bag leak detection system must be certified by the 

manufacturer to be capable of detecting PM emissions at 

concentrations of 1 milligram per dry standard cubic meter 

(0.00044 grains per actual cubic foot) or less.

(ii) The bag leak detection system sensor must provide output 

of relative PM loadings. The owner or operator shall 

continuously record the output from the bag leak detection 

system using electronic or other means ( e.g. , using a strip 

chart recorder or a data logger).

(iii) The bag leak detection system must be equipped with an 

alarm system that will sound when the system detects an 

increase in relative particulate loading over the alarm set point 

established according to paragraph (iv) below, and the alarm 

must be located such that it can be heard by the appropriate 

(ii) Initial and periodic adjustment of the bag leak detection system, 

including how the alarm set-point will be established;

(iii) Operation of the bag leak detection system, including quality 

assurance procedures;

(iv) How the bag leak detection system will be maintained, including a 

routine maintenance schedule and spare parts inventory list;

(v) How the bag leak detection system output will be recorded and stored; 

and

(vi) Corrective action procedures as specified in paragraph (b) below. In 

approving the site-specific monitoring plan, the Department may allow 

owners and operators more than 3 hours to alleviate a specific condition 

that causes an alarm if the owner or operator identifies in the monitoring 

plan this specific condition as one that could lead to an alarm, adequately 

explains why it is not feasible to alleviate this condition within 3 hours of 

the time the alarm occurs, and demonstrates that the requested time will 

ensure alleviation of this condition as expeditiously as practicable.

(b) For each bag leak detection system, the permittee shall initiate 

procedures to determine the cause of every alarm within 1 hour of the 

alarm. Except as provided in paragraph (a)(vi) above, the permittee shall 

alleviate the cause of the alarm within 3 hours of the alarm by taking 

whatever corrective action(s) are necessary. Corrective actions may 

include, but are not limited to the following:

(i) Inspecting the fabric filter for air leaks, torn or broken bags or filter 

media, or any other condition that may cause an increase in PM, PM10 or 

PM2.5 emissions;

(ii) Sealing off defective bags or filter media;

(iii) Replacing defective bags or filter media or otherwise repairing the 

control device;

(iv) Sealing off a defective fabric filter compartment;

(v) Cleaning the bag leak detection system probe or otherwise repairing 

the bag leak detection system; or

(vi) Shutting down the boiler. [s. NR 406.10, Wis. Adm. Code, s. 

285.65(3), Wis. Stats., and Permit 11-POY-123] 

(4) The permittee shall keep records of: 

(a) The date, time and initials of person performing the inspections 

required in condition I.G’.1.b.(7); 

(b) A list of the items inspected; and

(c) Any maintenance or repairs performed as a result of these 

inspections.

[s. NR 439.04(1)(d), Wis. Adm. Code]
FID No. 111003090, Permit No. 14-POY-174-R1 Page 17 of 42

G’. S12/B22 (Identified as Unit 2 for acid rain purposes) - Coal Fired Boiler - Rated at 5885 mmBtu per hour - Installed 1975.9

A recycled solids silo and a waste solids silo also exhaust through the baghouse. The boiler also has the capacity to fire wood, 

petroleum contaminated soils and absorbents, and waste oil. Please see the requirements that relate to these alternate operating scenarios 

for the boiler in I.H., I.I. and I.J. of Operation Permit 111003090-P21.

plant personnel.

(iv) In the initial adjustment of the bag leak detection system, 

the permittee shall establish, at a minimum, the baseline 

output by adjusting the sensitivity (range) and the averaging 

period of the device, the alarm set points, and the alarm delay 

time.

(v) Following initial adjustment, the permittee may not adjust 

the averaging period, alarm set point, or alarm delay time 

without approval from the Department except as provided in 

paragraph (vi) below.

(vi) Once per quarter, the permittee may adjust the sensitivity 

of the bag leak detection system to account for seasonal 

effects, including temperature and humidity, according to the 

procedures identified in the site-specific monitoring plan 

required by I.G’.1.c.(4). [s. NR 406.10, Wis. Adm. Code, s. 

285.65(3), Wis. Stats., and Permit 11-POY-123] 

(5) The permittee shall perform internal inspections of the 

baghouse not less than once every 18 months to ensure that 

the control equipment is operating properly. [s. NR 

407.09(4)(a)3.b., Wis. Adm. Code]

(6) The permittee shall prepare and follow a plan for 

periodical internal inspections of the boiler and boiler 

efficiency optimization. This plan shall include the frequency 

of these inspections and the items to be inspected. [s. NR 

407.09(4)(a)3.b., Wis. Adm. Code]

(7) The permittee shall install, maintain and operate 

instruments to monitor the pressure drop across the baghouse 

control device. [s. NR 439.055(1)(a), Wis. Adm. Code, and 

Permit 11-POY-123] 

(8) The permittee shall submit to the Department, within 180 

days after the start of initial operation of the spray dryer 

absorber, the operating range of the pressure drop across the 

baghouse control device. [s. NR 439.055(1)(a), Wis. Adm. 

Code, and Permit 11-POY-123] 

(9) Stack Parameters

(a) Stack height shall be at least 650 feet above ground level.

(b) The stack outlet diameter may not be greater than 21 feet.

(c) The stack may not be equipped with a rainhat or other 

device which impedes the upward flow of the exhaust gases.

[s. 285.65(3), Stats. and s. NR 406.10, Wis. Adm. Code, and 

11-POY-123]

(10) After the installation of the spray dryer and the 

baghouse, during the first cold start of the boiler when the 

bypassing of the baghouse occurs per (5)(b), to demonstrate 

compliance with I.G’.1.a.(1)(a), (b) and (c), the permittee shall 

(5) The permittee shall keep records of: 

(a) The date, time and initials of person performing the inspections 

required in condition I.G’.1.b.(7); 

(b) A list of the items inspected; 

(c) Any maintenance or repairs performed as a result of these 

inspections;

(d) The results of the boiler efficiency optimization inspection; and 

(e) The measures taken to optimize the boiler.

[s. NR 439.04(1)(d), Wis. Adm. Code]

(6) Reference Test Method for Particulate Matter Emissions: 

(a) Whenever compliance emission testing is required one of the 

following shall be used to demonstrate compliance:

(i) U.S. EPA Method 5 (Teflon filter media), including condensible 

backhalf emissions, shall be used for boilers without wet flue-gasdesulfurization (FGD) systems;

(ii) U.S. EPA Method 5B, including condensible backhalf emissions, 

shall be used for boilers with FGD systems; or

(iii) An appropriate alternate method listed in ss NR 440.19(7).

(b) The permittee shall determine compliance with the particulate matter 

standard using the method described in s. NR 440.19(7)(b), Wis. Adm. 

Code.

[ss. NR 439.06(1) and 440.19(7)(b)2., Wis. Adm. Code]

(7) Alternate Reference Test Methods and Procedures: The permittee 

may alternatively use the particulate matter methods and procedures 

described in s. NR 440.19(7)(d), Wis. Adm. Code. 

[ss. NR 440.19(7)(d)1., 2., 3., 6., and 7., Wis. Adm. Code]

(8) Reference Test Method for PM10 Emissions: Whenever compliance 

emission testing is required, US EPA Method 5 (Teflon filter media) or 

201A (Wisconsin modified), including condensible backhalf emissions 

(Method 202), or another method approved by the Department in writing, 

shall be used to demonstrate compliance. 

[s. NR 439.06(1), Wis. Adm. Code]

(9) Reference Test Method for PM2.5 Emissions: Whenever compliance 

emission testing is required, US EPA Method 5 (Teflon filter media) or 

201A (Wisconsin modified), including condensible backhalf emissions 

(Method 202), or another method approved by the Department in writing, 

shall be used to demonstrate compliance. 

[s. NR 439.06(1), Wis. Adm. Code]

(10) The permittee shall record the pressure drop across the baghouse 

once for every 8 hours of operation or once per day, whichever yields the 

greater number of measurements. [s. NR 439.055(2)(b)1., Wis. Adm. 

Code, and Permit 11-POY-123] 

(11) The pressure drop monitoring device shall be accurate to within 5% 

of the pressure drop being measured or within ±1 inch of water column, 

whichever is greater. [s. NR 439.055(3)(b), Wis. Adm. Code, and 

Permit 11-POY-123]

(12) The baghouse control device pressure drop monitoring device shall 

be calibrated at least once per year, or at a frequency based on good 
FID No. 111003090, Permit No. 14-POY-174-R1 Page 18 of 42

G’. S12/B22 (Identified as Unit 2 for acid rain purposes) - Coal Fired Boiler - Rated at 5885 mmBtu per hour - Installed 1975.9

A recycled solids silo and a waste solids silo also exhaust through the baghouse. The boiler also has the capacity to fire wood, 

petroleum contaminated soils and absorbents, and waste oil. Please see the requirements that relate to these alternate operating scenarios 

for the boiler in I.H., I.I. and I.J. of Operation Permit 111003090-P21.

conduct a compliance test using USEPA Methods 5 (Teflon 

media filter) or 201A (Wisconsin modified) and 202, or 

another method approved by the Department in writing, while 

operating at 100% capacity when burning #2 distillate fuel oil. 

If operation at 100% capacity is not feasible, the source shall 

operate at a capacity level which is approved by the 

Department in writing. The sulfur content of the #2 distillate 

fuel oil used during the compliance test performed shall be 

determined and recorded. For the #2 distillate fuel oil to be 

combusted during the compliance test, the certification of 

sulfur content of the #2 distillate oil delivered within six 

months of the test may be acceptable without further 

determination. [s. NR 439.03, Wis. Adm. Code, and Permit 

11-POY-123-R2]

(11) The sulfur content of the #2 distillate fuel oil used during 

each subsequent cold start of the boiler when the bypassing of 

the baghouse occurs per (5)(b) may not exceed the sulfur 

content of the #2 distillate fuel oil used during the initial cold 

start and the compliance test performed as required in 

I.G’.1.b.(10). The sulfur contained in the fuel oil will 

contribute to emissions of condensable particulate matter. [s. 

NR 439.03, Wis. Adm. Code, and Permit 11-POY-123-R2]

(12) The permittee shall obtain and retain fuel supplier 

certifications for each shipment of fuel oil received by the 

facility. The fuel supplier certification shall include the 

following information:

(a) the name of the oil supplier;

(b) a statement from the fuel supplier that the oil complies 

with the specifications for fuel oils no. 1 or 2 as defined in 

ASTM D396-78, "Standard Specification for Fuel Oils", or 

biodiesel fuel blend in ASTM D6751-11b, “Standard 

Specification for Biodiesel Fuel Blend Stock (B100) for 

Middle Distillate Fuel”;

(c) the sulfur content of oil delivered. [s. NR 439.03, Wis. 

Adm. Code, and Permit 11-POY-123-R2]

(13) Optimization of Baghouses

By no later than 90 Days from June 17, 2013, and continuing 

thereafter, the permittee shall ensure the continuous operation 

of each PM control device on Unit 2 to maximize PM 

emission reductions at all times when the Unit is in operation. 

Notwithstanding the foregoing sentence, the permittee shall 

not be required to continuously operate an ESP on any Unit if 

a Baghouse is installed and operating to replace the PM 

control device function of the ESP at that Unit. Except as 

required during correlation testing under 40 C.F.R. Part 60, 

Appendix B, Performance Specification 11, and Quality 

Assurance Requirements under Appendix F, Procedure 2, the 

Permittee shall ensure that to the extent practicable: (a) each 

compartment, except for any compartment specifically 

designated and designed as a spare compartment, of each 

Baghouse at B22 (Unit 2) remains operational; (b) repair any 

Baghouse compartment at the next planned outage (or 

engineering practice as established by operational history, whichever is 

more frequent. [s. NR 439.11(1)(b) and s. NR 439.055(4), Wis. Adm. 

Code, and Permit 11-POY-123]

(13) The permittee shall record the date, time and the sulfur content of the 

#2 distillate fuel oil combusted in the boiler. [s. NR 439.03, Wis. Adm. 

Code, and Permit 11-POY-123-R2] 

(14) The permittee shall record the results of the compliance test required 

in I.G’1.b.(10). [s. NR 439.03, Wis. Adm. Code, and Permit 11-POY123-R2]

(15) The permittee shall maintain record of each cold start during which 

the baghouse is not utilized per I.G’.1.b.(5)(b). [s. NR 439.03, Wis. 

Adm. Code, and Permit 11-POY-123-R2]
FID No. 111003090, Permit No. 14-POY-174-R1 Page 19 of 42

G’. S12/B22 (Identified as Unit 2 for acid rain purposes) - Coal Fired Boiler - Rated at 5885 mmBtu per hour - Installed 1975.9

A recycled solids silo and a waste solids silo also exhaust through the baghouse. The boiler also has the capacity to fire wood, 

petroleum contaminated soils and absorbents, and waste oil. Please see the requirements that relate to these alternate operating scenarios 

for the boiler in I.H., I.I. and I.J. of Operation Permit 111003090-P21.

unplanned outage of sufficient length); (c) each opening in the 

casings, ductwork, and expansion joints for the Baghouse at 

B22 (Unit 2) is inspected and repaired during the next planned 

Unit outage (or unplanned outage of sufficient length) to 

minimize air leakage; and (d) a bag leak detection program is 

developed and implemented to ensure that leaking bags are 

promptly replaced, as described in G’.1.c.(4). [ss. 285.65(2) 

and (13), Wis. Stats., Consent Decree 13-cv-266 par. 116, 

and Permit 14-POY-174-R1]

(14) Commencing in calendar year 2013, and continuing 

annually thereafter, the permittee shall ensure that stack tests 

are conducted for PM every four operating quarters. An 

operating quarter is any calendar quarter during which the 

Unit operates 168 hours or more. If testing is unable to be 

completed in the fourth operating quarter due to unforeseen 

circumstances, it shall be completed within 720 Unit 

Operating Hours once the Unit returns to service. [ss. 

285.65(2) and (13), Wis. Stats., Consent Decree 13-cv-266 

par. 121, and Permit 14-POY-174-R1]

(15) Commencing in calendar year 2013, and continuing 

annually thereafter, the permittee shall ensure that a PM stack 

test is conducted for condensable PM using the reference 

methods and procedures set forth at 40 C.F.R. Part 51, 

Appendix M, Method 202, or any alternate method approved 

by EPA under the terms of the Consent Decree 13-cv-266. 

Each test shall consist of three separate runs performed under 

representative operating conditions not including periods of 

startup, shutdown, or Malfunction. The sampling time for 

each run shall be at least 60 minutes and the volume of each 

run shall be at least 0.85 dry standard cubic meters (30 dry 

standard cubic feet). The permittee shall ensure that the 

number of pounds of condensable PM emitted per million Btu 

of heat input (lb/mmBtu) from the stack test results are 

calculated in accordance with 40 C.F.R. § 60.8(f). The results 

of the condensable PM stack test conducted pursuant to this 

Paragraph shall not be used for the purpose of determining 

compliance with the PM Emission Rates required by the

Consent Decree 13-cv-226. The results of each condensable 

PM stack test shall be submitted to USEPA and WDNR by the 

permittee within 60 Days of completion of each test. [ss. 

285.65(2) and (13), Wis. Stats., Consent Decree 13-cv-266 

par. 123, and Permit 14-POY-174-R1]

(16) By no later than December 31, 2014, Permittee shall 

install, correlate, maintain, and operate a PM CEMS for B22 

(Unit 2) for the purpose of monitoring compliance with 

G’.1.a.(4). The PM CEMS shall comprise a continuous 

particle mass monitor measuring filterable particulate matter 

concentration, directly or indirectly, on an hourly average 

basis and a diluent monitor used to convert the concentration 

to units expressed in lb/mmBtu. The PM CEMS installed at 

B22 (Unit 2) must be appropriate for the anticipated stack 

conditions and capable of measuring filterable PM 

concentrations on an hourly average basis. Permittee shall 
FID No. 111003090, Permit No. 14-POY-174-R1 Page 20 of 42

G’. S12/B22 (Identified as Unit 2 for acid rain purposes) - Coal Fired Boiler - Rated at 5885 mmBtu per hour - Installed 1975.9

A recycled solids silo and a waste solids silo also exhaust through the baghouse. The boiler also has the capacity to fire wood, 

petroleum contaminated soils and absorbents, and waste oil. Please see the requirements that relate to these alternate operating scenarios 

for the boiler in I.H., I.I. and I.J. of Operation Permit 111003090-P21.

ensure that there will be maintained, in an electronic database 

that maintains data for at least five years, the hourly average 

emission values of all PM CEMS at B22 (Unit 2) in 

lb/mmBtu. Except for periods of monitor Malfunction, 

maintenance, or repair, for B22 (Unit 2), Permittee shall 

Continuously Operate the PM CEMS at all times when B22

(Unit21) is operating. [ss. 285.65(2) and (13), Wis. Stats., 

Consent Decree 13-cv-266 par. 125, and Permit 14-POY174-R1]

(17) By December 31, 2013, the permittee shall submit to 

EPA for review and approval a plan for the installation and 

correlation of the PM CEMS for B22 (Unit 2). [ss. 285.65(2) 

and (13), Wis. Stats., Consent Decree 13-cv-266 par. 126, 

and Permit 14-POY-174-R1]

(18) By no later than June 30, 2014, the permittee shall 

prepare and submit to EPA and the Department a Quality 

Assurance/Quality Control (“QA/QC”) protocol that shall be 

followed for the PM CEMS at B22 (Unit 2). [ss. 285.65(2) 

and (13), Wis. Stats., Consent Decree 13-cv-266 par. 127, 

and Permit 14-POY-174-R1]

(19) In developing both the plan for installation and 

correlation of the PM CEMS and the QA/QC protocol, 

Permittee shall ensure that the criteria set forth in 40 C.F.R. 

Part 60, Appendix B, Performance Specification 11, and 40 

C.F.R. Part 60, Appendix F, Procedure 2 are used. Following 

EPA’s approval of the plan described in G’.1.b.(17) and the 

QA/QC protocol described in G’.1.b.(18), Permittee shall 

thereafter operate the PM CEMS in accordance with the 

approved plan and QA/QC protocol. [ss. 285.65(2) and 

(13),Wis. Stats., Consent Decree 13-cv-266 par. 128, and 

Permit 14-POY-174-R1]

(20) By December 31, 2014, Permittee shall ensure that the 

PM CEMS is installed, correlated, maintained, and 

Continuously Operated. Permittee shall ensure that

performance specification tests on the PM CEMS are 

conducted, and shall ensure compliance with the PM CEMS 

installation and correlation plans submitted to and approved 

by EPA in accordance with G’.1.(17) and (18) is 

demonstrated. The PM CEMS shall be operated in accordance 

with the approved plan and QA/QC protocol. The data 

recorded by the PM CEMS during Unit operation, expressed 

in lb/mmBtu on a 24-Hour Rolling Average, shall be reported 

in electronic format to EPA, identifying in the report any PM 

Emission Rates in excess of the applicable PM Emission Rate 

and any concentrations measured by the PM CEMS that are 

greater than 125% of the highest PM concentration level used 

in the most recent correlation testing performed pursuant to 

Performance Specification 11 in 40 C.F.R. Part 60, Appendix 

B. [ss. 285.65(2) and (13),Wis. Stats., Consent Decree 13-

cv-266 par. 129, and Permit 14-POY-174-R1]
FID No. 111003090, Permit No. 14-POY-174-R1 Page 21 of 42

G’. S12/B22 (Identified as Unit 2 for acid rain purposes) - Coal Fired Boiler - Rated at 5885 mmBtu per hour - Installed 1975.9

A recycled solids silo and a waste solids silo also exhaust through the baghouse. The boiler also has the capacity to fire wood, 

petroleum contaminated soils and absorbents, and waste oil. Please see the requirements that relate to these alternate operating scenarios 

for the boiler in I.H., I.I. and I.J. of Operation Permit 111003090-P21.

Pollutant: 2. Visible Emissions

a. Limitations:

(1)(a) Opacity may not exceed 20% or number 1 of the Ringlemann chart except 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.11 

(b) Emissions 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 or reserve equipment, or other good cause, provided no hazard or unsafe condition 

arises. Such permission may only be granted in writing.

[ss. NR 431.05(1)&(2), 440.19(3)(a)2. and 440.11(3), Wis. Adm. Code, and Permit 11-POY-123] 

(2) At all times, including periods of startup, shutdown and malfunction, the permittee shall, to the extent practicable, maintain and operate 

boiler B22, including associated air pollution control equipment12, in a manner consistent with good air pollution control practice for 

minimizing emissions. [s. NR 440.11(4), Wis. Adm. Code]

b. Compliance Demonstration: c. Test Methods, Recordkeeping, and Monitoring:

(1) The permittee shall calibrate, maintain and operate a 

continuous monitoring system which meets the performance 

specifications of condition I.G’.2.b.(3) for the measurement of 

opacity from stack S12.13 [ss. NR 439.095(1)(f) and NR 

440.19(6)(a), Wis. Adm. Code]

(2) The permittee shall calibrate maintain and operate the 

continuous emission monitor required by condition 

I.G’.2.b.(1) in accordance with the performance specifications 

in 40 CFR part 75, Appendices A to I and Performance 

Specification 1 in 40 CFR part 60, Appendix B. [ss. NR 

439.09(1) and NR 439.095(6), Wis. Adm. Code]

(3) The continuous emission monitor required by condition 

I.G’.2.b.(1) shall follow a quality control and quality 

assurance plan, as approved by the Department. [ss. NR 

439.09(8) and NR 439.095(6), Wis. Adm. Code]

(4) The permittee shall prepare and submit to the Department 

an updated Start-up and Shut-down Plan for the boiler. This 

plan shall be submitted prior to the initial operation of the 

spray dryer absorber. The plan shall define normal start-up 

and shut-down procedures, including the normal duration of 

start-up and shut-down periods. 

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

(5) Zero and Span Calibrations: The permittee shall perform 

a calibration check on the zero and span drifts of the 

(1) Reference Test Method for Visible Emissions: Whenever compliance 

emission testing is required, US EPA Method 9 shall be used to 

demonstrate compliance. The minimum total time of observations shall 

be 3-hours (30 6-minute averages). [ss. NR 439.06(9)(a)1. and NR 

440.19(7)(b)3., Wis. Adm. Code]

(2) The continuous opacity monitor required by condition I.G’.2.b.(1) 

shall complete one cycle of sampling and analyzing for each successive 

10-second period and one cycle of data recording for each successive 6-

minute period. 

[s. NR 439.09(9)(a), Wis. Adm. Code]

(3) The permittee shall submit quarterly excess emission and monitoring 

system performance (MPS) reports to the Department within 30 days 

following the end of each calendar quarter. [ss. NR 439.09(10) and NR 

440.19(6)(g), Wis. Adm. Code]

(4) Excess emissions for opacity are, any 6 minute period during which 

the average opacity exceeds the limitation in condition I.G’.2.a.(1). [ss. 

NR 439.09(10)(b) and NR 440.19(6)(g)1., Wis. Adm. Code]

(5) The excess emission reports required by condition I.G’.2.c.(3) shall 

contain the information in Condition No. I.ZZZ.1.a(7) of this 

construction permit. [s. NR 439.09(10)(a), Wis. Adm. Code]

(6) Data Format: 

(a) The permittee shall reduce all data to 6-minute averages, calculated 

from a minimum of 36 data points equally spaced over each 6-minute 

 

11

 When combustion equipment is being cleaned or a new fire started and opacity exceeds 20%, one 6-minute exceedance per hour may be exempt, 

but no more than 3 exemptions per day are allowed. This provision does not restrict the number of cleanings or the number of fires that may be 

started in any day, only the number of exemptions that are allowed in any one day.

12 The permittee has demonstrated that it is not practicable to operate the electrostatic precipitator during periods of normal start-up and shut-down 

as defined in the Start-up and Shut-down Plan required by condition I.G'.1.b.(4), because unburned hydrocarbons can collect on the plates and wires 

of the electrostatic precipitator and could combust, damaging the control equipment.

13 The permittee is exempt from the biennial opacity compliance tests required by s. NR 439.075(3)(b), Wis. Adm. Code, provided they operate a 

continuous opacity monitor that meets the performance specification requirements of s. NR 439.09, Wis. Adm. Code, pursuant to s. NR 

439.075(4)(a)2., Wis. Adm. Code.
FID No. 111003090, Permit No. 14-POY-174-R1 Page 22 of 42

G’. S12/B22 (Identified as Unit 2 for acid rain purposes) - Coal Fired Boiler - Rated at 5885 mmBtu per hour - Installed 1975.9

A recycled solids silo and a waste solids silo also exhaust through the baghouse. The boiler also has the capacity to fire wood, 

petroleum contaminated soils and absorbents, and waste oil. Please see the requirements that relate to these alternate operating scenarios 

for the boiler in I.H., I.I. and I.J. of Operation Permit 111003090-P21.

continuous emission monitoring system at least once daily. 

The calibration check shall be performed according to the 

procedures and methods in s. NR 440.13(4), Wis. Adm Code 

and s. NR 440.19(6)(c)3., Wis. Adm. Code.

 [ss. NR 440.13(4) and NR 440.19(6)(c)3., Wis. Adm. 

Code]

period.

(b) Data recorded during periods of continuous monitoring system 

breakdowns, repairs, calibration checks, and zero and span adjustments 

may not be included in the data averages. 

(c) All excess emissions shall be converted into percent opacity 

rounded to the nearest one percent opacity. 

[s. NR 440.13(8), Wis. Adm. Code]

Pollutant: 3. Sulfur Dioxide

a. Limitations:

(1) Emissions may not exceed:

(a) 0.80 pounds per million Btu heat input derived from liquid fossil fuel or liquid fossil fuel and wood residue14.

(b) 1.2 pounds per million Btu heat input derived from solid fossil fuel or solid fossil fuel and wood residue.

(c) When different fossil fuels are burned simultaneously in any combination, the emission limitation (in pounds per million Btu) shall be 

determined by proration using the following formula:

PSSO2 = (0.0023)[y(340) + z(520)]/[y + z]

where:

PSSO2 is the prorated limitation for sulfur dioxide when burning different fuels simultaneously, in pounds per million Btu heat input 

derived from all fuels fired;

y is the percentage of total heat input derived from liquid fossil fuel;

z is the percentage of total heat input derived from solid fossil fuel. 

[ss. NR 440.19(4)(a) through (c), Wis. Adm. Code]

(2) Commencing no later than 30 Operating Days after January 1, 2015, B22 (Unit 2) shall achieve and maintain a 30-Day Rolling Average 

Emission Rate for SO2 of no greater than 0.075 lb/mmBtu. [ss. 285.65(2) and (13),Wis. Stats., Consent Decree 13-cv-266 par. 101, and 

Permit 14-POY-174-R1]

b. Compliance Demonstration: c. Test Methods, Recordkeeping, and Monitoring:

(1) Compliance with the emission limit in condition I.G’.3.a.(1) 

shall be based on the total heat input from all fuels burned, 

including gaseous fuels. [s. NR 440.19(4)(c), Wis. Adm. Code]

(2) The permittee shall calibrate, maintain and operate a continuous 

monitoring system for the measurement of sulfur dioxide which 

meets the performance specifications of condition I.G’.3.b.(3).15 

[ss. NR 439.095(1)(f) and 440.19(6)(a), Wis. Adm. Code]

(3) The permittee shall calibrate maintain and operate the 

continuous emission monitor required by condition I.G’.3.b.(2) in 

accordance with the performance specifications in 40 CFR part 75, 

Appendices A to I. [ss. NR 439.09(2) and NR 439.095(6), Wis. 

Adm. Code]

(1) The continuous sulfur dioxide monitor required by condition 

I.G’.3.b.(2) shall perform sampling, analyzing and data recording as 

follows:

(a) Complete one cycle of sampling, analyzing and date recording 

for each successive 15-minute period.

(b) The values recorded shall be averaged hourly. 

(c) Hourly averages shall be computed from a minimum of 4 data 

points equally spaced over each 1 hour period, except during 

periods when calibrations, quality assurance or maintenance 

activities are being performed. During these periods, a valid hour 

shall consist of at least 2 data points separated by a minimum of 15 

minutes. 

[s. NR 439.09(9)(b), Wis. Adm. Code and 40 CFR 75.10(1)]

(2) The permittee shall submit quarterly excess emission reports to 

 

14 Wood residue means bark sawdust, slabs, chips, shavings mill trim and other wood products derived from wood processing and forest 

management operations.

15 The permittee is exempt from the biennial sulfur dioxide compliance tests required by ss. NR 439.075(2)(a)2., and (3)(b), Wis. Adm. Code, 

provided they operate a continuous sulfur dioxide emission monitor that meets the performance specification requirements of s. NR 439.09, Wis. 

Adm. Code, pursuant to s. NR 439.075(4)(a)2., Wis. Adm. Code.

The permittee is exempt from the periodic fuel sampling and analysis requirements of s. NR 439.085(2), Wis. Adm. Code, provided they operate a 

continuous sulfur dioxide emission monitor that meets the performance specification requirements of s. NR 439.09, Wis. Adm. Code, pursuant to s. 

NR 439.085(1)(c), Wis. Adm. Code.
FID No. 111003090, Permit No. 14-POY-174-R1 Page 23 of 42

G’. S12/B22 (Identified as Unit 2 for acid rain purposes) - Coal Fired Boiler - Rated at 5885 mmBtu per hour - Installed 1975.9

A recycled solids silo and a waste solids silo also exhaust through the baghouse. The boiler also has the capacity to fire wood, 

petroleum contaminated soils and absorbents, and waste oil. Please see the requirements that relate to these alternate operating scenarios 

for the boiler in I.H., I.I. and I.J. of Operation Permit 111003090-P21.

(4) The continuous emission monitor required by condition 

I.G.3.b.(2) shall follow a quality control and quality assurance plan, 

as approved by the Department. [ss. NR 439.09(8) and NR 

439.095(6), Wis. Adm. Code]

(5) Conversion of Continuous Monitoring Data Into Units of 

Applicable Standard: Measurement of the sulfur dioxide 

concentration by continuous emission monitors shall be on a 

consistant basis (wet or dry). The conversion procedures in s. NR 

440.19(6)(e) and (f), Wis. Adm. Code shall be used to covert 

continuous monitoring data into units of the applicable standards 

(lbs/million BTU) [ss. NR 440.19(6)(e) and (f), Wis. Adm. Code]

(6) Zero and Span Calibrations: The permittee shall perform a 

calibration check on the zero and span drifts of the continuous 

emission monitoring system at least once daily. The calibration 

check shall be performed according to the procedures and methods 

in s. NR 440.13(4), Wis. Adm Code and s. NR 440.19(6)(c) 2., 3., 4 

and 5., Wis. Adm. Code. If the performance requirements in 40 

CFR Part 75 are more stringent, then the more restrictive 

requirements from 40 CFR Part 75 shall apply. [ss. NR 

440.13(4)(a) and NR 440.19(6)(c)2., 3., 4 and 5, Wis. Adm. Code]

(7) Permittee shall install a Dry Flue Gas Desulfurization (DFGD) 

at B22 (Unit 2) on or before December 31, 2014. Commencing on 

January 1, 2015, and continuing thereafter, Permittee shall 

Continuously Operate the DFGD. [ss. 285.65(2) and (13), Wis. 

Stats., Consent Decree 13-cv-266 par. 101, and Permit 14-POY174-R1]

(8) In determining a 30-Day Rolling Average Emission Rate for 

SO2, the permittee shall use SO2 emission data obtained from a 

CEMS in accordance with the procedures of 40 C.F.R. Part 75, 

except that SO2 emissions data need not be bias adjusted and the 

missing data substitution procedures of 40 C.F.R. Part 75 shall not 

apply to such determinations. Diluent capping (i.e., 5% CO2) will be 

applied to the SO2 Emission Rate for any hours where the measured 

CO2 concentration is less than 5% following the procedures in 40 

C.F.R. Part 75, Appendix F, Section 3.3.4.1. [ss. 285.65(2) and 

(13), Wis. Stats., Consent Decree 13-cv-266 par. 107, and Permit 

14-POY-174-R1]

the Department within 30 days following the end of each calendar 

quarter. [s. NR 439.09(10), Wis. Adm. Code]

(3) Excess emissions for sulfur dioxide are, any 3-hour period 

during which the average emissions (arithmetic average of 3 

contiguous one-hour periods) exceed the limitation in condition 

I.G’.3.a.(1).16 [s. NR 440.19(6)(g)2., Wis. Adm. Code]

(4) The excess emission reports required by condition I.G.3.c.(3) 

shall contain the information in condition I.T.2.a. [s. NR 

439.09(10)(a), Wis. Adm. Code]

(5) Performance Evaluation Methods: Whenever performance 

evaluations of the sulfur dioxide continuous monitoring system are 

required, U.S. EPA Methods 6, 6A, 6B or 6C and 3, 3A or 3B or the 

alternate methods given in condition I.G.3.c.(7) shall be used. [s. 

NR 440.19(6)(c)1., Wis. Adm. Code]

(6) When combinations of fossil fuels or fossil fuels and wood 

residue are fired, the permittee, in order to compute the prorated 

sulfur dioxide limitation in condition I.G.3.a.(1)(c), shall determine 

the percentage (y or z) of the total heat input derived from each fuel 

as described in s. NR 440.19(7)(c), Wis. Adm. Code. [s. NR 

440.19(7)(c), Wis. Adm. Code]

(7) Reference Test Method for Sulfur Dioxide Emissions: 

(a) Whenever compliance emission testing is required, U.S. EPA 

Method 6 or an alternate method outlined in condition I.G.3.c.(8) 

shall be used to demonstrate compliance in accordance with the 

procedures described in s. NR 440.19(7)(b)4., Wis. Adm. Code. 

(b) The emission rate (E) of SO2 shall be computed for each run 

using the equation described in s. NR 440.19(7)(b)1., Wis. Adm. 

Code. 

[ss. NR 439.06(2)(a) and NR 440.19(7)(b)1. and 4., Wis. Adm. 

Code]

(8) Alternate Reference Test Methods and Procedures: The 

permittee may alternatively use the sulfur dioxide methods and 

procedures described in s. NR 440.19(7)(d). [ss. NR 

440.19(7)(d)1., 3., 6., and 7., Wis. Adm. Code]

Pollutant: 4. Nitrogen Oxides

a. Limitations:

(1) Emissions, expressed as NO2, may not exceed:

(a) 0.30 pounds per million Btu heat input derived from liquid fossil fuel, liquid fossil fuel and wood residue, or gaseous fossil fuel and 

wood residue.

(b) 0.70 pounds per million Btu heat input derived from solid fossil fuel or solid fossil fuel and wood residue (except lignite or a solid fuel 

containing 25%, by weight or more of coal refuse17).

 

16 Excess emission are defined as any 3-hour period during which sulfur dioxide emission exceed the limitation. The permittee may keep records 

in terms of hourly averages. If none of the hourly averages exceed the emission limitations, it can be assumed that the 3-hour rolling average 

emissions do not exceed the limitation. 

17

 Coal refuse means waste-products of coal mining, cleaning and coal preparation operations (e.g. culm, gob, etc.) containing coal, matrix material, 

clay and other organic and inorganic material.
FID No. 111003090, Permit No. 14-POY-174-R1 Page 24 of 42

G’. S12/B22 (Identified as Unit 2 for acid rain purposes) - Coal Fired Boiler - Rated at 5885 mmBtu per hour - Installed 1975.9

A recycled solids silo and a waste solids silo also exhaust through the baghouse. The boiler also has the capacity to fire wood, 

petroleum contaminated soils and absorbents, and waste oil. Please see the requirements that relate to these alternate operating scenarios 

for the boiler in I.H., I.I. and I.J. of Operation Permit 111003090-P21.

(c) 0.60 pounds per million Btu heat input derived from lignite or lignite and wood residue.

(d) Except as provided under (e), when different fossil fuels are burned simultaneously in any combination, the emission limitation (in 

pounds per million Btu) shall be determined by proration using the following formula:

w x y z

w(260) x(86) y(130) z(300) (0.0023)

  

  

  NOXPS

, where:

PSNOx is the prorated standard for nitrogen oxides when burning different fuels simultaneously, in pounds per million Btu heat input 

derived from all fuels fired of from all fuels and wood residue fired;

w is the percentage of total heat input derived from lignite;

x is the percentage of total heat input derived from gaseous fossil fuel;

y is the percentage of total heat input derived from liquid fossil fuel;

z is the percentage of total heat input derived from solid fossil fuel (except lignite).

(f) When a fossil fuel containing at least 25%, by weight, of coal refuse is burned in combination with gaseous, liquid or other solid fossil 

fuel or wood residue, the emission limitations outlined above for nitrogen oxide do not apply.

[s. NR 440.19(5)(a), (b) and (c), Wis. Adm. Code]

(2) Following the completion of the 6th pulverizer replacement or expiration of this construction permit, whichever comes first, emissions 

may not exceed 225.87 tons per month, averaged over any 12 consecutive months.18 [s. 285.65(7), Wis. Stats., and Permit 14-POY-174]

(3) Commencing no later than 90 Days after June 17, 2013, and continuing thereafter, Permittee shall ensure the Continuous Operation of 

the Low NOx Combustion System so that B22 (Unit 2) achieves and maintains a 12-Month Rolling Average Emission Rate for NOx of no 

greater than 0.150 lb/mmBtu [ss. 285.65(2) and (13),Wis. Stats., Consent Decree 13-cv-266 par. 83, and Permit 14-POY-174-R1]

(4) Permittee shall install a Selective Catalytic Reduction (SCR) at B22 (Unit 2) on or before December 31, 2018. Commencing no later 

than 30 Operating Days after January 1, 2019, and continuing thereafter, Permittee shall Continuously Operate the SCR so that B22 (Unit 

2) achieves and maintains a 30-Day Rolling Average Emission Rate for NO" of no greater than 0.080 lb/mmBtu and a 12-Month Rolling 

Average Emission Rate for NOx of no greater than 0.070 lb/mmBtu. [ss. 285.65(2) and (13), Wis. Stats., Consent Decree 13-cv-266 par. 

84, and Permit 14-POY-174-R1]

b. Compliance Demonstration: c. Test Methods, Recordkeeping, and Monitoring:

(1) The permittee shall calibrate, maintain and operate a continuous 

monitoring system for the measurement of nitrogen oxides which 

meets the performance specifications of condition I.G'.4.b.(2). [ss. 

NR 439.095(1)(f) and NR 440.19(6), Wis. Adm. Code]

(2) The permittee shall calibrate maintain and operate the 

continuous emission monitor required by condition I.G'.4.b.(1) in 

accordance with the performance specifications in 40 CFR part 75, 

Appendices A to I. [ss. NR 439.09(2) and 439.095(6), Wis. Adm. 

Code]

(3) The continuous emission monitor required by condition 

I.G'.4.b.(1) shall follow a quality control and quality assurance plan, 

as approved by the Department. [ss. NR 439.09(8) and 439.095(6), 

Wis. Adm. Code]

(4) Conversion of Continuous Monitoring Data Into Units of 

Applicable Standard: Measurement of the nitrogen oxide 

concentration by continuous emission monitors shall be on a 

consistant basis (wet or dry). The conversion procedures in s. NR 

(1) The continuous nitrogen oxides monitor required by condition 

I.G'.4.a.(1) shall perform sampling, analyzing and data recording as 

follows:

(a) Complete one cycle of sampling, analyzing and date recording 

for each successive 15-minute period.

(b) The values recorded shall be average hourly. 

(c) Hourly averages shall be computed from a minimum of 4 data 

points equally spaced over each 1 hour period, except during 

periods when calibrations, quality assurance or maintenance 

activities are being performed. During these periods, a valid hour 

shall consist of at least 2 data points separated by a minimum of 15 

minutes. [s. NR 439.09(9)(b), Wis. Adm. Code and 40 CFR 

75.10(1)]

(2) The permittee shall submit quarterly excess emission reports to 

the Department within 30 days following the end of each calendar 

quarter. [s. NR 439.09(10), Wis. Adm. Code]

(3) Excess emissions for nitrogen oxides are any 3-hour period 

during which the average emissions (arithmetic average of 3 

 

18 The permittee proposed this emission limit on October 25, 2014 to avoid PSD applicability for NOx emissions for permit 14-POY-174.
FID No. 111003090, Permit No. 14-POY-174-R1 Page 25 of 42

G’. S12/B22 (Identified as Unit 2 for acid rain purposes) - Coal Fired Boiler - Rated at 5885 mmBtu per hour - Installed 1975.9

A recycled solids silo and a waste solids silo also exhaust through the baghouse. The boiler also has the capacity to fire wood, 

petroleum contaminated soils and absorbents, and waste oil. Please see the requirements that relate to these alternate operating scenarios 

for the boiler in I.H., I.I. and I.J. of Operation Permit 111003090-P21.

440.19(6)(e) and (f), Wis. Adm. Code shall be used to covert 

continuous monitoring data into units of the applicable standards 

(lbs/million Btu)

[ss. NR 440.19(6)(e) and (f), Wis. Adm. Code]

(5) Zero and Span Calibrations: The permittee shall perform a 

calibration check on the zero and span drifts of the continuous 

emission monitoring system at least once daily. The calibration 

check shall be performed according to the procedures and methods 

in s. NR 440.13(4), Wis. Adm Code and s. NR 440.19(6)(c)3., 4 

and 5., Wis. Adm. Code. If the performance requirements in 40 

CFR Part 75 are more stringent, then the more restrictive 

requirements from 40 CFR Part 75 shall apply. 

[ss. NR 440.13(4)(a) and NR 440.19(6)(c)3.4. and 5., Wis. Adm. 

Code]

(6) The permittee shall calculate the monthly nitrogen oxides 

emissions from the boiler in the unit of tons per month, averaged 

over the 12 consecutive month period, by the end of the following 

month. 

[s. 285.65(3), Wis. Stats., and Permit 14-POY-174]

(7) In determining a 30-Day Rolling Average Emission Rate for 

NOx or a 12-Month Rolling Average Emission Rate for NOx, 

required by conditions G’.4.a.(3) and (4), the permittee shall use 

NOx emission data obtained from a CEMS in accordance with the 

procedures of 40 C.F.R. Part 75, except that NOx emissions data 

need not be bias adjusted and the missing data substitution 

procedures of 40 C.F.R. Part 75 shall not apply to such 

determinations. Diluent capping (i.e., 5% CO2) will be applied to 

the NOx emission rate for any hours where the measured CO2

concentration is less than 5% following the procedures in 40 C.F.R. 

Part 75, Appendix F, Section 3.3.4.1. [ss. 285.65(2) and (13), Wis. 

Stats., Consent Decree 13-cv-266 par. 92, and Permit 14-POY174-R1]

contiguous one-hour periods) exceed the limitation in condition 

I.G'.4.a.(1).19 [s. NR 440.19(6)(g)3., Wis. Adm. Code]

(4) The excess emission reports required by condition I.G'.4.c.(2) 

shall contain the information in condition I.T.2.a. 

[s. NR 439.09(10)(a), Wis. Adm. Code]

(5) Performance Evaluation Methods: Whenever performance 

evaluations of the nitrogen oxide continuous monitoring system are 

required, U.S. EPA Methods 7, 7C, 7D or 7E and 3, 3A, 3B or the 

alternate methods given in condition I.G'.4.c.(8) shall be used. 

[s. NR 440.19(6)(c)1., Wis. Adm. Code]

(6) When combinations of fossil fuels or fossil fuels and wood 

residue are fired, the permittee, in order to compute the prorated 

nitrogen oxide limitation in condition I.G'.4.a.(1)(d), shall 

determine the percentage (w, x, y or z) of the total heat input 

derived from each fuel as described in s. NR 440.19(7)(c), Wis. 

Adm. Code. 

[s. NR 440.19(7)(c), Wis. Adm. Code]

(7) Reference Test Method for Nitrogen Oxide Emissions: 

(a) Whenever compliance emission testing is required, U.S. EPA 

Method 7, 7C, 7D, 7E shall be used to demonstrate compliance in 

accordance with the procedures described in s. NR 440.19(7)(b)5., 

Wis. Adm. Code. 

(b) The emission rate (E) of NOX shall be computed for each run 

using the equation described in s. NR 440.19(7)(b)1., Wis. Adm. 

Code. 

[ss. NR 439.06(6) and 440.19(7)(b)1. and 5., Wis. Adm. Code]

(8) Alternate Reference Test Methods and Procedures: The 

permittee may alternatively use the nitrogen oxide methods and 

procedures described in s. NR 440.19(7)(d), Wis. Adm. Code, 

[ss. NR 440.19(7)(d)1., 5., 6., and 7., Wis. Adm. Code]

(9) The permittee shall record the monthly nitrogen oxides 

emissions from the boiler in the unit of tons. 

[s. NR 439.04, Wis. Adm. Code, and Permit 14-POY-174]

(10) The permittee shall record the monthly nitrogen oxides 

emissions from the boiler in the unit of tons per month, averaged 

over each 12 consecutive month period. 

[s. NR 439.04, Wis. Adm. Code, and Permit 14-POY-174]

Pollutant: 5. Carbon Monoxide (these conditions apply upon completion of the steam turbine upgrade)

a. Limitations:

(1) Best Available Control Technology (BACT): 0.12 pound per million Btu heat input, averaged over any 12 consecutive months. [s. NR 

405.08, Wis. Adm. Code, and Permit 14-POY-174]

 

19

 Excess emissions are defined as any 3-hour period during which nitrogen oxide emissions exceed the limitation. The permittee may keep records 

in terms of hourly averages. If none of the hourly averages exceed the emission limitations, it can be assumed that the 3-hour rolling average 

emissions do not exceed the limitation. 
FID No. 111003090, Permit No. 14-POY-174-R1 Page 26 of 42

G’. S12/B22 (Identified as Unit 2 for acid rain purposes) - Coal Fired Boiler - Rated at 5885 mmBtu per hour - Installed 1975.9

A recycled solids silo and a waste solids silo also exhaust through the baghouse. The boiler also has the capacity to fire wood, 

petroleum contaminated soils and absorbents, and waste oil. Please see the requirements that relate to these alternate operating scenarios 

for the boiler in I.H., I.I. and I.J. of Operation Permit 111003090-P21.

b. Compliance Demonstration: c. Test Methods, Recordkeeping, and Monitoring:

(1) The permittee shall calibrate, maintain and operate a continuous 

monitoring system for the measurement of carbon monoxide which 

meets the performance specifications of condition I.G'.5.b.(2). [s. 

285.65(3), Wis. Stats., and Permit 14-POY-174]

(2) The permittee shall calibrate maintain and operate the 

continuous emission monitor required by condition I.G'.5.b.(1) in 

accordance with the performance specifications in 40 CFR Part 60, 

Appendix B. 

[s. NR 439.09(4), Wis. Adm. Code, and Permit 14-POY-174]

(3) The continuous emission monitor required by condition 

I.G'.5.b.(1) shall follow a quality control and quality assurance plan, 

as approved by the Department. 

[ss. NR 439.09(8) and NR 439.095(6), Wis. Adm. Code, and 

Permit 14-POY-174] 

(4) The permittee shall calculate the monthly carbon monoxide 

emissions from the boiler in the unit of pounds per mmBtu, 

averaged over the 12 consecutive month period, by the end of the 

following month. This calculation shall be made by dividing total 

pounds of carbon monoxide emitted by the total heat input 

produced by the boiler (mmBtu) , as measured by the CEMS, 

during the 12 consecutive month period. 

[s. 285.65(3), Wis. Stats., and Permit 14-POY-174]

(1) The continuous carbon monoxide monitor required by condition 

I.G'.5.b.(1) shall perform sampling, analyzing and data recording as 

follows:

(a) Complete one cycle of sampling, analyzing and date recording 

for each successive 15-minute period.

(b) The values recorded shall be average hourly. 

(c) Hourly averages shall be computed from 4 data points equally 

spaced over each 1 hour period, except during periods when 

calibrations, quality assurance or maintenance activities are being 

performed. During these periods, a valid hour shall consist of at 

least 2 data points separated by a minimum of 15 minutes. [s. NR 

439.09(9)(b), Wis. Adm. Code, and Permit 14-POY-174]

(2) The permittee shall record the monthly carbon monoxide 

emissions from the boiler in the unit of pounds. 

[s. NR 439.04, Wis. Adm. Code, and Permit 14-POY-174]

(3) The permittee shall record the monthly heat input produced by 

the boiler in the unit of million Btus and measured by the CEMS. 

[s. NR 439.04, Wis. Adm. Code, and Permit 14-POY-174]

(4) The permittee shall record the monthly average carbon 

monoxide emissions from the boiler in the units of pounds per 

mmBtu, averaged over each 12 consecutive month period. 

[s. NR 439.04, Wis. Adm. Code, and Permit 14-POY-174]

Pollutant: 6. Carbon Dioxide(these conditions apply upon completion of the steam turbine upgrade)

a. Limitations:

(1) Best Available Control Technology (BACT): 2,406 pounds per MW-hr (gross), averaged over any 12 consecutive months. [s. NR 

405.08, Wis. Adm. Code, and Permit 14-POY-174]

b. Compliance Demonstration: c. Test Methods, Recordkeeping, and Monitoring:

(1) The permittee shall calibrate, maintain and operate a continuous 

monitoring system for the measurement of carbon dioxide which 

meets the performance specifications of condition I.G'.6.b.(2). [s. 

NR 439.095(1)(f), Wis. Adm. Code]

(2) The permittee shall calibrate, maintain and operate the 

continuous emission monitor required by condition I.G'.6.b.(1) in 

accordance with the performance specifications in 40 CFR part 75, 

Appendices A to I. [s. NR 439.095(6), Wis. Adm. Code]

(3) The continuous emission monitor required by condition 

I.G'.6.a.(1) shall follow a quality control and quality assurance plan, 

as approved by the Department. [ss. NR 439.09(8) and NR 

439.095(6), Wis. Adm. Code]

(4) The permittee shall calculate the monthly carbon dioxide 

emissions from the boiler in the unit of pounds per megawatt-hour, 

averaged over the 12 consecutive month period, by the end of the 

following month. This calculation shall be made dividing total

(1) The continuous carbon dioxide monitor required by condition 

I.G'.6.b.(1) shall perform sampling, analyzing and data recording as 

follows:

(a) Complete one cycle of sampling, analyzing and date recording 

for each successive 15-minute period.

(b) The values recorded shall be average hourly. 

(c) Hourly averages shall be computed from 4 data points equally 

spaced over each 1 hour period, except during periods when 

calibrations, quality assurance or maintenance activities are being 

performed. During these periods, a valid hour shall consist of at 

least 2 data points separated by a minimum of 15 minutes. 

[s. NR 439.09(9)(b), Wis. Adm. Code and 40 CFR 75.10(1)]

(2) The permittee shall record the monthly carbon dioxide 

emissions from the boiler in the unit of pounds. 

[s. NR 439.04, Wis. Adm. Code, and Permit 14-POY-174]

(3) The permittee shall record the monthly gross megawatt hours 

produced by the turbine. 
FID No. 111003090, Permit No. 14-POY-174-R1 Page 27 of 42

G’. S12/B22 (Identified as Unit 2 for acid rain purposes) - Coal Fired Boiler - Rated at 5885 mmBtu per hour - Installed 1975.9

A recycled solids silo and a waste solids silo also exhaust through the baghouse. The boiler also has the capacity to fire wood, 

petroleum contaminated soils and absorbents, and waste oil. Please see the requirements that relate to these alternate operating scenarios 

for the boiler in I.H., I.I. and I.J. of Operation Permit 111003090-P21.

pounds of carbon dioxide emitted by the megawatt hours (gross) 

produced by the turbine during the 12 consecutive month period. [s. 

285.65(3), Wis. Stats., and permit 14-POY-174]

[s. NR 439.04, Wis. Adm. Code, and Permit 14-POY-174]

(4) The permittee shall record the monthly carbon dioxide 

emissions from the boiler in the unit of pounds per megawatt-hour 

(gross, averaged over each 12 consecutive month period. 

[s. NR 439.04, Wis. Adm. Code, and Permit 14-POY-174]

Condition 7. Stack Flow Rate

a. Limitations:

(1) The permittee shall calibrate, maintain and operate a continuous monitoring system for the measurement of the stack flow rate which 

meets the performance specifications of condition I.G'.7.b.(1). [s. NR 439.095(1)(f), Wis. Adm. Code.]

b. Compliance Demonstration: c. Test Methods, Recordkeeping, and Monitoring:

(1) The permittee shall calibrate maintain and operate the 

continuous emission monitor required by condition I.G'.7.a.(1) in 

accordance with the performance specifications in 40 CFR part 75, 

Appendices A to I. 

[s. NR 439.095(6), Wis. Adm. Code]

(2) The continuous emission monitor required by condition 

I.G'.7.a.(1) shall follow a quality control and quality assurance plan, 

as approved by the Department. 

[ss. NR 439.09(8) and NR 439.095(6), Wis. Adm. Code]

(1) The continuous stack flow rate monitor required by condition 

I.G'.7.a.(1) shall be used to convert either sulfur dioxide or nitrogen 

oxide continuous emission monitoring data, or both, to units of the 

applicable emission limitations. 

[s. NR 439.095(5)(f), Wis. Adm. Code]
FID No. 111003090, Permit No. 14-POY-174-R1 Page 28 of 42

GA. S26/P26 Lime Silo Bin Vent For Unit 2 - Permitted 2011 

Pollutant: 1. Particulate Matter/PM10/PM2.5 Emissions

a. Limitations:

(1) Emissions may not exceed 6.4 x 10-2pounds per hour. [s. NR 404.08(8) and (9), Wis. Adm. Code, s. 285.65(7), Wis. Stats., and 

Permit 11-POY-123]

b. Compliance Demonstration: c. Test Methods, Recordkeeping, and Monitoring:

(1) The permittee shall operate a fabric filter control device on the lime silo 

to control particulate matter/PM10/PM2.5 emissions whenever the silo is being 

filled or operated. [s. 285.63(1)(a), Wis. Stats., and Permit 11-POY-123]

(2) The permittee shall perform internal inspections of the fabric filter control 

device not less than once every 18 months to ensure that the control 

equipment is operating properly. [s. NR 407.09(4)(a)3.b., Wis. Adm. Code]

(3) The permittee shall maintain at the facility a written copy of the emission 

guarantee from the fabric filter control device manufacturer or vendor that the 

emission limit in I.GA.1.a.(1) will be met at all times. [s. 285.65(3), and 

Permit 11-POY-123]

(4) The permittee shall submit to the Department, within 30 days after the 

start of initial operation of the lime silo, the operating range of the pressure 

drop across the fabric filter control device. [s. NR 439.055(1)(a), Wis. Adm. 

Code, and Permit 11-POY-123]

(5) The permittee shall install, maintain and operate instruments to monitor 

the pressure drop across the fabric filter control device.

[s. NR 439.055(1)(a), Wis. Adm. Code, and Permit 11-POY-123] 

(6) Stack Parameters

(a) Stack height shall be at least 143 feet above ground level.

(b) The stack outlet diameter may not be greater than 1 foot.

(c) The stack may not be equipped with a rainhat or other device which 

impedes the upward flow of the exhaust gases.

[s. 285.65(3), Stats. and s. NR 406.10, Wis. Adm. Code, and 11-POY-123]

(1) Reference Test Method for Particulate Matter 

Emissions: Whenever compliance emission testing is 

required, US EPA Method 5, including condensible 

backhalf emissions, shall be used to demonstrate 

compliance. 

[s. NR 439.06(1), Wis. Adm. Code]

(2) The permittee shall record the pressure drop across the 

fabric filter once for every 8 hours of operation or once 

per day, whichever yields the greater number of 

measurements. [s. NR 439.055(2)(b)1., Wis. Adm. Code, 

and 11-POY-123]

(3) The permittee shall keep records of all inspections, 

checks and any maintenance or repairs performed on the 

fabric filter control device, containing the date of the 

action, initials of inspector, and the results. [s. NR 

439.04(1)(d), Wis. Adm. Code, and 11-POY-123]

(4) The pressure drop monitoring device shall be accurate 

to within 5% of the pressure drop being measured or 

within ±1 inch of water column, whichever is greater. [s. 

NR 439.055(3)(b), Wis. Adm. Code, and Permit 11-

POY-123]

Pollutant: 2. Visible Emissions

a. Limitations:

(1) Opacity may not exceed 20% or number 1 of the Ringlemann chart.

[s. NR 431.05, Wis. Adm. Code, and Permit 11-POY-123] 

b. Compliance Demonstration: c. Test Methods, Recordkeeping, and Monitoring:

(1) The permittee shall comply with I.GA.1.b.

[s. 285.65(3), Wis. Stat., and Permit 11-POY-123]

(1) Reference Test Method for Visible Emissions: 

Whenever compliance emission testing is required, US 

EPA Method 9 shall be used to demonstrate compliance. 

[s. NR 439.06(9)(a)1., Wis. Adm. Code]

(2) The permittee shall comply with I.GA.1.c.
FID No. 111003090, Permit No. 14-POY-174-R1 Page 29 of 42

GC. F99 Truck Traffic on Paved and Unpaved Haul Roads 

Pollutant: 1. Particulate Matter/PM10/PM2.5 Emissions

a. Limitations:

(1) The permittee may not cause, allow or permit any materials to be handled, transported or stored without taking precautions to prevent 

particulate matter from becoming airborne. Nor may the permittee allow a structure, a parking lot, or a road to be used, constructed, altered, 

repaired, sand blasted, or demolished without taking such precautions. [s. NR 415.04, Wis. Adm. Code, and Permit 11-POY-123]

b. Compliance Demonstration: c. Test Methods, Recordkeeping, and Monitoring:

(1) No person may cause, allow or permit any materials to be 

handled, transported or stored without taking precautions to 

prevent particulate matter from becoming airborne. Nor may a 

person allow a structure, a parking lot, or a road to be used, 

constructed, altered, repaired, sand blasted or demolished without 

taking such precautions. Such precautions shall include, but not be 

limited to:

(a) Use, where possible, of water or chemicals for control of dust 

in the demolition of existing buildings or structures, or 

construction operations.

(b) Application of asphalt, water, suitable chemicals or plastic 

covering on dirt roads, material stockpiles and other surfaces 

which can create airborne dust, provided such application does not 

create a hydrocarbon, odor or water pollution problem.

(c) Installation and use of hoods, fans, and air cleaning devices to 

enclose and vent the areas where dusty materials are handled.

(d) Covering or securing of materials likely to become airborne 

while being moved on public roads, railroads or navigable waters.

(e) Conduct of agricultural practices such as tilling of land or 

application of fertilizers in such manner as not to create air 

pollution.

(f) The paving or maintenance of roadway areas so as not to create 

air pollution.

[s. NR 415.04(1), Wis. Adm. Code, and 11-POY-123]

(2) The permittee shall prepare a fugitive dust control plan to 

prevent, detect and correct malfunctions, equipment failures or 

other circumstances which may cause any applicable emission 

limitation to be violated or which may cause air pollution. The 

plan shall be in writing, submitted within 60 days prior to the first 

receipt of lime for the spray dryer absorbers to the Department's 

South Central Region Air Program, and updated as needed. The 

fugitive dust control plan, at a minimum, shall include the criteria 

when dust suppression activities will be implemented and the 

records of those dust suppression activities. [s. NR 415.04, Wis. 

Adm. Code, and 11-POY-123]

(1) Reference Test Method for Particulate Matter Emissions: 

Whenever particulate matter emission testing is required, the 

permittee shall use U.S. EPA Method 5, 5A, 5B, 5D, 5E, 5F, 5G, 5H

or 17. [s. NR 439.06(1), Wis. Adm. Code]

(2) The permittee shall keep daily records and maintain records of the 

following:

(a) Daily dust suppression activities

(b) Daily meteorological conditions.

[ss. NR 415.04 and NR 439.04(1)(d), Wis. Adm. Code, and 11-

POY-123]

(3) The permittee shall keep monthly records and maintain records of 

the following:

(a) Monthly number of truck loads of lime delivered

(b) Monthly tonnage of biproduct silo waste delivered to the on-site 

landfill.

[ss. NR 415.04 and NR 439.04(1)(d), Wis. Adm. Code, and 11-

POY-123]

(4) The permittee shall enforce a speed limit of 10 miles per hour for 

truck traffic on the haul roads. [ss. NR 415.04 and NR 439.04(1)(d), 

Wis. Adm. Code, and 11-POY-123]
FID No. 111003090, Permit No. 14-POY-174-R1 Page 30 of 42

Z. Other Limitations and Conditions From Consent Decree 13-cv-266

1. B21 and B22 NOx emissions cap

(1) For each calendar year, commencing in 2013, and continuing through 2018, the combined total annual NOx emissions from B21 

(Unit 1) and B22 (Unit 2) shall not exceed 5,550 tons per year. [ss. 285.65(2) and (13),Wis. Stats., Consent Decree 13-cv-266 par. 

91, and Permit 14-POY-174-R1]

(2) For each calendar year, commencing in 2019, and each calendar year thereafter, the combined total NOx emissions from B21 (Unit 

1) and B22 (Unit 2) shall not exceed 4,300 tons per year. [ss. 285.65(2) and (13),Wis. Stats., Consent Decree 13-cv-266 par. 91, and 

Permit 14-POY-174-R1]

(3) For purposes of determining compliance with any combined total emission limitation for NOx, as listed in Z.1.(1) and (2), 

Permittee shall use NOx emission data obtained from a CEMS in accordance with the procedures specified in 40 C.F.R. Part 75. [ss. 

285.65(2) and (13),Wis. Stats., Consent Decree 13-cv-266 par. 93, and Permit 14-POY-174-R1]

2. Use and Surrender of NOx Allowances

(1) Beginning in calendar year 2013, and continuing each calendar year thereafter, the Permittee shall Surrender all NOx Allowances 

allocated to Units 1 and 2 for that calendar year that are not needed to meet federal and/or state CAA regulatory requirements for (a) 

the System Units, or (b) any electricity generating unit in the State of Wisconsin in which the Permittee has an Operational Interest or 

Ownership Interest, that is subject to a federal consent decree addressing PSD and/or Nonattainment NSR violations to which the 

United States is a party. [ss. 285.65(2) and (13),Wis. Stats., Consent Decree 13-cv-266, par. 96, and Permit 14-POY-174-R1]

(2) Permittee is not prevented from purchasing or otherwise obtaining NOx Allowances from another source or from another Permittee

for purposes of complying with federal and/or state CAA regulatory requirements to the extent otherwise allowed by law. The 

requirements of Permit 14-POY-174-R1 pertaining to Permittee’s use and Surrender of NOx Allowances are permanent. [ss. 285.65(2) 

and (13),Wis. Stats., Consent Decree 13-cv-266, par. 97, and Permit 14-POY-174-R1]

3. Super-Compliant NOx Allowances

(1) Notwithstanding Z.2.(1), in each calendar year beginning in 2013, and continuing thereafter, the Permittee may sell, bank, use, 

trade, or transfer NOx Allowances allocated to Units 1 and 2 that are made available in that calendar year solely as a result of:

a. the installation and operation of any NOx air pollution control equipment that is not otherwise required under Permit 14-POY-174-

R1, and is not otherwise required by law; 

b. the use of an SCR prior to the date established by G’.4.a.(4), or

c. achievement and maintenance of an Emission Rate below an applicable 30-Day Rolling Average Emission Rate and 12-Month 

Rolling Average Emission Rate for NOx; provided that the Permittee is also in compliance for that calendar year with all emission 

limitations for NOx. Permittee shall ensure the reporting of the generation of such Super-Compliant Allowances in accordance with 

condition T.1. of operation permit 111003090-P28. [ss. 285.65(2) and (13),Wis. Stats., Consent Decree 13-cv-266, par. 98, and 

Permit 14-POY-174-R1]

4. Method for Surrender of NOx Allowances

(1) Permittee shall Surrender, or transfer to a non-profit third-party selected by Permittee for Surrender, all NOx Allowances required 

to be Surrendered pursuant to Z.2.(1) by June 30, 2014. If any NOx Allowances required to be Surrendered under this Consent Decree 

are transferred directly to a non-profit third-party, the permittee shall include a description of such transfer in the next report submitted 

to EPA pursuant to Section XII (Periodic Reporting) of Consent Decree 13-cv-266. Such report shall: (a) identify the non-profit thirdparty recipient(s) of the NOx Allowances and list the serial numbers of the transferred NOx Allowances; and (b) include a certification 

by the third party recipient(s) stating that the recipient(s) will not sell, trade, or otherwise exchange any of the NOx Allowances and 

will not use any of the NOx Allowances to meet any obligation imposed by any environmental law. No later than the third periodic 

report due after the transfer of any NOx Allowances, the Permittee shall include a statement that the third-party recipient(s) 

Surrendered the NOx Allowances for permanent Surrender to EPA in accordance with the provisions of Z.4.(2) within one year after 

the Permittee transferred the NOx Allowances to them. The Permittee shall not have complied with the NOx Allowance Surrender 

requirements of this Paragraph until all third-party recipient(s) have actually Surrendered the transferred NOx Allowances to EPA. .[ss. 

285.65(2) and (13),Wis. Stats., Consent Decree 13-cv-266, par. 99, and Permit 14-POY-174-R1]

(2) For all NOx Allowances required to be Surrendered, Permittee shall ensure that a NOx Allowance transfer request form is first 
FID No. 111003090, Permit No. 14-POY-174-R1 Page 31 of 42

Z. Other Limitations and Conditions From Consent Decree 13-cv-266

submitted to EPA’s Office of Air and Radiation’s Clean Air Markets Division directing the transfer of such NOx Allowances to the 

EPA Enforcement Surrender Account or to any other EPA account that EPA may direct in writing. Such NOx Allowance transfer 

requests may be made in an electronic manner using the EPA’s Clean Air Markets Division Business System, or similar system 

provided by EPA. As part of submitting these transfer requests, the Permittee shall ensure that the transfer of its NOx Allowances are 

irrevocably authorized and that the source and location of the NOx Allowances being Surrendered are identified by name of account 

and any applicable serial or other identification numbers or station names. [ss. 285.65(2) and (13),Wis. Stats., Consent Decree 13-cv266, par. 100, and Permit 14-POY-174-R1]

5. B21 and B22 SO2 emissions cap

(1) For each calendar year, commencing in 2013, and continuing through 2014, the combined total annual SO2 emissions from B21 

(Unit 1) and B22 (Unit 2) shall not exceed 28,537 tons per year. [ss. 285.65(2) and (13),Wis. Stats., Consent Decree 13-cv-266 par. 

106, and Permit 14-POY-174-R1]

(2) For each calendar year, commencing in 2015, and each calendar year thereafter, the combined total annual SO2 emissions from 

B21 (Unit 1) and B22 (Unit 2) shall not exceed 3,286 tons per year. [ss. 285.65(2) and (13),Wis. Stats., Consent Decree 13-cv-266

par. 106, and Permit 14-POY-174-R1]

(3) For purposes of determining compliance with the combined total emission limitation for SO2, as listed in Z.5.(1) and (2), Permittee 

shall use SO2 emission data obtained from a CEMS in accordance with the procedures specified in 40 C.F.R. Part 75. [ss. 285.65(2) 

and (13),Wis. Stats., Consent Decree 13-cv-266, par. 108, and Permit 14-POY-174-R1]

6. Use and Surrender of SO2 Allowances

(1) Beginning in calendar year 2013, and continuing each calendar year thereafter, the Permittee shall Surrender all SO2 Allowances 

allocated to Units 1 and 2 for that calendar year that are not needed to meet federal and/or state CAA regulatory requirements for (a) 

the System Units, or (b) any electricity generating unit in the State of Wisconsin in which the Permittee has an Operational Interest or 

Ownership Interest, that is subject to a federal consent decree addressing PSD and/or Nonattainment NSR violations to which the 

United States is a party. [ss. 285.65(2) and (13),Wis. Stats., Consent Decree 13-cv-266, par. 111, and Permit 14-POY-174-R1]

(2) Permittee is not prevented from purchasing or otherwise obtaining SO2 Allowances from another source or from another Permittee

for purposes of complying with federal and/or state CAA regulatory requirements to the extent otherwise allowed by law. The 

requirements of Permit 14-POY-174-R1 pertaining to the Permittee’s use and Surrender of SO2 Allowances are permanent. [ss. 

285.65(2) and (13),Wis. Stats., Consent Decree 13-cv-266, par. 112, and Permit 14-POY-174-R1]

7. Super-Compliant SO2 Allowances

(1) Notwithstanding Z.6.(1), in each calendar year beginning in 2013, and continuing thereafter, Permittee may sell, bank, use, trade, 

or transfer SO2 Allowances that are made available in that calendar year solely as a result of:

a. the installation and operation of any SO2 air pollution control equipment that is not otherwise required under Permit 14-POY-174-

R1, and is not otherwise required by law; 

b. the use of DFGD prior to the date established by conditions B’.3.b.(4) and G’3.b.(7), or

c. achievement and maintenance of an Emission Rate below an applicable 30-Day Rolling Average Emission Rate and 12-Month 

Rolling Average Emission Rate for SO2; provided that the Permittee is also in compliance for that calendar year with all emission 

limitations for SO2. Permittee shall ensure the reporting of the generation of such Super-Compliant Allowances in accordance with 

condition T.1. of operation permit 111003090-P28. [ss. 285.65(2) and (13),Wis. Stats., Consent Decree 13-cv-266, par. 113, and 

Permit 14-POY-174-R1]

8. Method for Surrender of SO2 Allowances

(1) Permittee shall Surrender, or transfer to a non-profit third-party selected by the Permittee for Surrender, all SO2 Allowances 

required to be Surrendered per Z.6.(1) by June 30, 2014. If any SO2 Allowances required to be Surrendered under this Consent Decree 

are transferred directly to a non-profit third-party, the Permittee shall include a description of such transfer in the next report submitted 

to EPA pursuant to Section XII (Periodic Reporting) of Consent Decree 13-cv-266. Such report shall: (a) identify the non-profit thirdparty recipient(s) of the SO2 Allowances and list the serial numbers of the transferred SO2 Allowances; and (b) include a certification 

by the third-party recipient(s) stating that the recipient(s) will not sell, trade, or otherwise exchange any of the SO2 Allowances and 
FID No. 111003090, Permit No. 14-POY-174-R1 Page 32 of 42

Z. Other Limitations and Conditions From Consent Decree 13-cv-266

will not use any of the SO2 Allowances to meet any obligation imposed by any environmental law. No later than the third periodic 

report due after the transfer of any SO2 Allowances, the Permittee shall include a statement that the third-party recipient(s) Surrendered 

the SO2 Allowances for permanent Surrender to EPA in accordance with the provisions of Z.8.(2) within one year after the Permittee

transferred the SO2 Allowances to them. The Permittee shall not have complied with the SO2 Allowance Surrender requirements of 

this Paragraph until all third-party recipient(s) have actually Surrendered the transferred SO2 Allowances to EPA. [ss. 285.65(2) and 

(13),Wis. Stats., Consent Decree 13-cv-266, par. 114, and Permit 14-POY-174-R1]

(2) For all SO2 Allowances required to be Surrendered, Permittee shall ensure that an SO2 Allowance transfer request form is first 

submitted to EPA’s Office of Air and Radiation’s Clean Air Markets Division directing the transfer of such SO2 Allowances to the 

EPA Enforcement Surrender Account or to any other EPA account that EPA may direct in writing. Such SO2 Allowance transfer 

requests may be made in an electronic manner, using the EPA’s Clean Air Act Markets Division Business System, or similar system 

provided by EPA. As part of submitting these transfer requests, each Permittee shall ensure that the transfer of its SO2 Allowances are 

irrevocably authorized and that the source and location of the SO2 Allowances being Surrendered are identified – by name of account 

and any applicable serial or other identification numbers and station names. [ss. 285.65(2) and (13),Wis. Stats., Consent Decree 13-

cv-266, par. 115, and Permit 14-POY-174-R1]

9. Periodic Reporting

(1) Beginning on June 18, 2013, the Permittee shall submit to EPA a periodic report, within 60 Days after the end of each half of the 

calendar year (January through June and July through December). The report shall include the following information:

a. all information necessary to determine compliance during the reporting period with: all applicable 30-Day Rolling Average 

Emission Rates for NOx, 30-Day Rolling Average Emission Rates for SO2, and 24-Hour Rolling Average Emission Rates for PM; all 

applicable 12-Month Rolling Average Emission Rates for NOx and all12-Month Rolling Average Emission Rates for SO2; all 

applicable 3-hour average PM Emission Rates; all applicable Unit-Specific Annual Tonnage Caps; all applicable Plant-Wide Annual 

Tonnage Caps; the obligation to monitor NOx, SO2, and PM emissions; the obligation to optimize PM emission controls; and the

obligation to Surrender NOx Allowances and SO2 Allowances stemming from the Consent Decree 13-cv-266;

b. all periods of monitor Malfunction, maintenance, and/or repair as provided in B’.1.b.(16) and G’1.b.(16);

c. emission reporting and Allowance accounting information necessary to determine Super-Compliant NOx and SO2 Allowances that 

the Permittee claims to have generated in accordance with Z.3.(1) and Z.7.(1) through control of emissions beyond the requirements 

stemming from the Consent Decree 13-cv-266;

d. schedule for the installation or upgrade and commencement of operation of new or upgraded pollution control devices required by

conditions stemming from the Consent Decree 13-cv-266, including the nature and cause of any actual or anticipated delays, and any 

steps taken by the Permittee to mitigate such delay;

e. all affirmative defenses asserted pursuant to Z.10 during the period covered by the progress report;

f. an identification of all periods when any pollution control device required conditions stemming from the Consent Decree 13-cv-266

to Continuously Operate was not operating, the reason(s) for the equipment not operating, and the basis for each applicable 

Defendant's compliance or non-compliance with the Continuous Operation requirements of this Consent Decree; and

g. a summary of the permittee's actions implemented and expenditures (cumulative and in the current reporting period) made pursuant 

to implementation of the Environmental Mitigation Projects. [ss. 285.65(2) and (13),Wis. Stats., Consent Decree 13-cv-266, par. 

155, and Permit 14-POY-174-R1]

(2) In any periodic report submitted pursuant to this section, the permittee may incorporate by reference information previously 

submitted under its Title V permitting requirements, provided that the permittee attach the Title V Permit report (or the pertinent 

portions of such report) and provide a specific reference to the provisions of the Title V Permit report that are responsive to the 

information required in the periodic report. [ss. 285.65(2) and (13),Wis. Stats., Consent Decree 13-cv-266, par. 156, and Permit 14-

POY-174-R1]

(3) In addition to the reports required in this section, if the permittee violates or deviates from any provision stemming from the 

Consent Decree 13-cv-266shall submit to WDNR a report on the violation or deviation within 15 Working Days after the permittee 

knew or should have known of the event. In the report. The permittee shall explain the cause or causes of the violation or deviation and 

all measures taken or to be taken by the permittee to cure the reported violation or deviation or to prevent such violations or deviations 

in the future. If at any time the provisions stemming from the Consent Decree 13-cv-266 are included in Title V Permits, consistent 

with the requirements for such inclusion in the Consent Decree 13-cv-266, then the deviation reports required under applicable Title V 

regulations shall be deemed to satisfy all the requirements of this condition. [ss. 285.65(2) and (13),Wis. Stats., Consent Decree 13-

cv-266, par. 157, and Permit 14-POY-174-R1]

(4) The report shall be signed and certified by the Responsible Official. [ss. 285.65(2) and (13),Wis. Stats., Consent Decree 13-cv266, par. 158, and Permit 14-POY-174-R1]
FID No. 111003090, Permit No. 14-POY-174-R1 Page 33 of 42

Z. Other Limitations and Conditions From Consent Decree 13-cv-266

(5) This reporting obligation shall not longer be required following termination of the Consent Decree 13-cv-266. [ss. 285.65(2) and 

(13),Wis. Stats., Consent Decree 13-cv-266, par. 240, and Permit 14-POY-174-R1]

10. AFFIRMATIVE DEFENSE AS IT PERTAINS TO REQUIREMENTS STEMMING FROM CONSENT DECREE 13-

CV-266

(1) Affirmative Defense for Excess Emissions Occurring During Malfunctions. If any of the Units 1 and 2 exceed an applicable 30-

Day Rolling Average Emission Rate set forth in B’3.a.(2), G’3.a.(2) and G’4.a.(4), due to Malfunction, the permittee, bearing the 

burden of proof by a preponderance of the evidence, has an affirmative defense to a claim for stipulated penalties under the Consent 

Decree 13-cv-266, if the permittee has complied with the reporting requirements of Z. 10. (6) and (7) and demonstrate all of the 

following:

 a. the excess emissions were caused by a sudden, unavoidable breakdown of technology, beyond the control of the permittee;

 b. the excess emissions (1) did not stem from any activity or event that could have been foreseen and avoided, or planned for, and 

(2) could not have been avoided by better operation and maintenance practices in accordance with manufacturers’ specifications and 

good engineering and maintenance practices;

 c. to the maximum extent practicable, the air pollution control equipment and processes were maintained and operated in a manner 

consistent with good practice for minimizing emissions in accordance with manufacturers’ specifications and good engineering and 

maintenance practices;

 d. repairs were made in an expeditious fashion when the permittee knew or should have known that an applicable 30-Day Rolling 

Average Emission Rate was being or would be exceeded. Off-shift labor and overtime must have been utilized, to the extent 

practicable, to ensure that such repairs were made as expeditiously as practicable;

 e. the amount and duration of the excess emissions (including any bypass) were minimized to the maximum extent practicable 

during periods of such emissions in accordance with manufacturers’ specifications and good engineering and maintenance practices;

 f. all possible steps were taken to minimize the impact of the excess emissions on ambient air quality;

 g. all emission monitoring systems were kept in operation if at all possible in accordance with manufacturers’ specifications and 

good engineering and maintenance practices;

 h. Permittee’s actions in response to the excess emissions were documented by properly signed or otherwise validated, 

contemporaneous operating logs, or other relevant evidence;

 i. the excess emissions were not part of a recurring pattern indicative of inadequate design, operation, or maintenance; and

 j. Permittee properly and promptly notified the USEPA and WDNR.

[ss. 285.65(2) and (13),Wis. Stats., Consent Decree 13-cv-266, par. 172, and Permit 14-POY-174-R1]

(2) To assert an affirmative defense for Malfunction under Z.10.(1), the permittee shall submit all data demonstrating the actual 

emissions for the Day the Malfunction occurs and the 29-Unit Operating Day period following the Day the Malfunction occurs. 

Permittee may, if they elect, submit emissions data for the same 30-Unit Operating Day period but that excludes the excess emissions.

[ss. 285.65(2) and (13),Wis. Stats., Consent Decree 13-cv-266, par. 173, and Permit 14-POY-174-R1]

(3) Affirmative Defense for Excess Emissions Occurring During Startup and Shutdown. If any of the Units 1 and 2 exceed an 

applicable 30-Day Rolling Average Emission Rate set forth in B’3.a.(2), G’3.a.(2) and G’4.a.(4), due to startup or shutdown, the 

permittee, bearing the burden of proof by a preponderance of the evidence, has an affirmative defense to a claim as to stipulated 

penalties under the Consent Decree 13-cv-226, if the permittee has complied with the reporting requirements of Z.10.(6) and (7) and 

demonstrate all of the following:

a. the periods of excess emissions that occurred during startup and shutdown were short and infrequent and could not have been 

prevented through careful planning and design in accordance with manufacturers’ specifications and good engineering and 

maintenance practices;

b. the excess emissions were not part of a recurring pattern indicative of inadequate design, operation, or maintenance or which could 

have been prevented by following manufacturers’ specifications and recommendations and good engineering and maintenance 

practices;

c. if the excess emissions were caused by a bypass (an intentional diversion of control equipment), then the bypass was unavoidable to 

prevent loss of life, personal injury, or severe property damage;

d. at all times, the facility was operated in a manner consistent with good engineering and maintenance practices and manufacturers’ 

specifications and recommendations for minimizing emissions;

e. the frequency and duration of operation in startup or shutdown mode was minimized to the maximum extent practicable in 

accordance with manufacturers’ specifications and good engineering and maintenance practices;

f. all possible steps were taken to minimize the impact of the excess emissions on ambient air quality in accordance with 

manufacturers’ specifications and good engineering and maintenance practices;

g. All emissions monitoring systems were kept in operation if at all possible in accordance with manufacturers’ specifications and 

good engineering and maintenance practices;

h. The permittee’s actions during the period of excess emissions were documented by properly signed or otherwise validated, 
FID No. 111003090, Permit No. 14-POY-174-R1 Page 34 of 42

Z. Other Limitations and Conditions From Consent Decree 13-cv-266

contemporaneous operating logs or other relevant evidence; and

i. The permittee properly and promptly notified the USEPA and WDNR.

[ss. 285.65(2) and (13),Wis. Stats., Consent Decree 13-cv-266, par. 174, and Permit 14-POY-174-R1]

(4) To assert an affirmative defense for startup or shutdown under Z. 10.(3), the permittee shall submit all data demonstrating the 

actual emissions for the Day the excess emissions from startup or shutdown occurs and the 29-Unit Operating Day period following 

the Day the excess emissions from startup or shutdown occurs. Permittee may, if they elect, submit emissions data for the same 30-

Unit Operating Day period but that excludes the excess emissions. [ss. 285.65(2) and (13),Wis. Stats., Consent Decree 13-cv-266,

par. 175, and Permit 14-POY-174-R1]

(5) If excess emissions occur due to a Malfunction during routine startup and shutdown, then those instances shall be treated as other 

Malfunctions subject to Z.10.(1) and (2). [ss. 285.65(2) and (13),Wis. Stats., Consent Decree 13-cv-266, par. 176, and Permit 14-

POY-174-R1]

(6) For an affirmative defense under Z.10.(1) and (3), permittee, bearing the burden of proof by a preponderance of the evidence, shall 

demonstrate, through submission of the data and information under the reporting provisions of Z.10, that all reasonable and practicable 

measures in accordance with good engineering and maintenance practices and within the permittee’s control were implemented to 

prevent the occurrence of the excess emissions. [ss. 285.65(2) and (13),Wis. Stats., Consent Decree 13-cv-266, par. 177, and 

Permit 14-POY-174-R1]

(7) Permittee shall provide notice to USEPA in writing of permittee’s intent to assert an affirmative defense for Malfunction, startup, 

or shutdown under Z.10.(1) and (3) in permittee’s semi-annual progress reports The notice shall contain:

a. The identity of each stack or other emission point where the excess emissions occurred;

b. The magnitude of the excess emissions expressed in lb/mmBtu and the operating data and calculations used in determining the 

magnitude of the excess emissions;

c. The time and duration or expected duration of the excess emissions;

d. The identity of the equipment causing the excess emissions;

e. The nature and suspected cause of the excess emissions;

f. The steps taken, if the excess emissions were the result of a Malfunction, to remedy the Malfunction and the steps taken or planned 

to prevent the recurrence of the Malfunction;

g. The steps that were or are being taken to limit the excess emissions; and 

h. If applicable, a list of the steps taken to comply with permit conditions governing Unit operation during periods of startup, 

shutdown, and/or Malfunction.

[ss. 285.65(2) and (13),Wis. Stats., Consent Decree 13-cv-266, par. 178, and Permit 14-POY-174-R1]

(8) A Malfunction, startup, or shutdown shall not constitute a Force Majeure Event unless the Malfunction, startup, or shutdown also 

meets the definition of a Force Majeure Event, as provided in Z.11. (Force Majeure). [ss. 285.65(2) and (13),Wis. Stats., Consent 

Decree 13-cv-266, par. 179, and Permit 14-POY-174-R1]

(9) The affirmative defense provided herein is only an affirmative defense to the stipulated penalties for violations of the Consent 

Decree 13-cv-226, and not a defense to any civil or administrative action for injunctive relief. [ss. 285.65(2) and (13),Wis. Stats., 

Consent Decree 13-cv-266, par. 180, and Permit 14-POY-174-R1]

11. FORCE MAJEURE AS IT PERTAINS TO REQUIREMENTS STEMMING FROM CONSENT DECREE 13-CV-266

(1) For purposes of the Consent Decree 13-cv-266, a “Force Majeure Event” shall mean an event that has been or will be caused by 

circumstances beyond the control of the permittee, their contractors, or any entity controlled by the permittee that delays or prevents 

the performance of any obligation under the Consent Decree 13-cv-266 or otherwise causes a violation of any provision of the Consent 

Decree 13-cv-266 despite the permittee’s best efforts to fulfill the obligation. “Best efforts to fulfill the obligation” include using best 

efforts to anticipate any potential Force Majeure Event and to address the effects of any such event (a) as it is occurring and (b) after it 

has occurred, such that the delay and/or violation are minimized to the greatest extent possible and the emissions during such event are 

minimized to the greatest extent possible. Specific references to Force Majeure in other parts of the Consent Decree 13-cv-266 do not 

restrict the ability of the permittee to assert Force Majeure pursuant to the process described in the Consent Decree 13-cv-266. [ss. 

285.65(2) and (13),Wis. Stats., Consent Decree 13-cv-266, par. 181, and Permit 14-POY-174-R1]

(2) Notice of Force Majeure Events. If any event occurs or has occurred that may delay or prevent compliance with or otherwise cause 

a violation of any obligation under Consent Decree 13-cv-266, then the permittee shall notify USEPA in writing as soon as 
FID No. 111003090, Permit No. 14-POY-174-R1 Page 35 of 42

Z. Other Limitations and Conditions From Consent Decree 13-cv-266

practicable, but in no event later than 14 Working Days following the date the permittee first knew, or by the exercise of due diligence 

should have known, that the event caused or may cause such delay or violation. In this notice, the permittee shall reference this 

Paragraph 182 of the Consent Decree 13-cv-266 and describe the anticipated length of time that the delay or violation may persist, the 

cause or causes of the Force Majeure Event, all measures taken or to be taken by the permittee to prevent or minimize the delay or 

violation, the schedule by which the permittee proposes to implement those measures, and the permittee’s rationale for attributing the 

failure, delay, or violation to a Force Majeure Event. A copy of this Notice shall be sent electronically, as soon as practicable, to the 

USEPA. The permittee shall adopt all reasonable measures to avoid or minimize such failures, delays, or violations. The permittee 

shall be deemed to know of any circumstance which they, their contractors, or any entity controlled by them, knew or should have 

known. [ss. 285.65(2) and (13),Wis. Stats., Consent Decree 13-cv-266, par. 182, and Permit 14-POY-174-R1]

(3) Failure to Give Notice. If the permittee fails to comply with the notice requirements of this section, the USEPA may void such 

permittee’s claim for Force Majeure as to the specific event for which the permittee has failed to comply with such notice requirement.

[ss. 285.65(2) and (13),Wis. Stats., Consent Decree 13-cv-266, par. 183, and Permit 14-POY-174-R1]

(4) USEPA’s Response. USEPA shall notify the permittee in writing regarding the claim of Force Majeure as soon as reasonably 

practicable. If the USEPA agrees that a delay in performance has been or will be caused by a Force Majeure Event, the USEPA and the

permittee shall stipulate to an extension of deadline(s) for performance of the affected compliance requirement(s) by a period equal to 

the delay actually caused by the event, in which case the delay at issue shall be deemed not to be a violation of the affected 

requirement(s) stemming from the Consent Decree 13-cv-266. In such circumstances, an appropriate modification shall be made

Section XXIII (Modification) of the Consent Decree 13-cv-226. [ss. 285.65(2) and (13),Wis. Stats., Consent Decree 13-cv-266, par. 

184, and Permit 14-POY-174-R1]

(5) Disagreement. If the USEPA does not agree with the permittee’s claim of Force Majeure, or if the USEPA and the permittee cannot 

agree on the length of the delay actually caused by the Force Majeure Event, the matter shall be resolved in accordance with Section 

XVI (Dispute Resolution) of the Consent Decree 13-cv-226.. [ss. 285.65(2) and (13),Wis. Stats., Consent Decree 13-cv-266, par. 

185, and Permit 14-POY-174-R1]

(6) Burden of Proof. In any dispute regarding Force Majeure, the permittee shall bear the burden of proving that any delay in 

performance, or any other violation of any requirement stemming from the Consent Decree 13-cv-266, was caused by or will be 

caused by a Force Majeure Event. The permittee shall also bear the burden of proving that the permittee gave the notice required by 

this Section and the anticipated duration and extent of any failure, delay, or violation(s) attributable to a Force Majeure Event. An 

extension of one compliance date may, but will not necessarily, result in an extension of a subsequent compliance date. [ss. 285.65(2) 

and (13),Wis. Stats., Consent Decree 13-cv-266, par. 186, and Permit 14-POY-174-R1]

(7) Events Excluded. Unanticipated or increased costs or expenses associated with the performance of the permittee’s obligations 

under the Consent Decree 13-cv-266 shall not constitute a Force Majeure Event. [ss. 285.65(2) and (13),Wis. Stats., Consent Decree 

13-cv-266, par. 187, and Permit 14-POY-174-R1]

(8) Potential Force Majeure Events. Depending upon the circumstances related to an event and the permittee’s response to such 

circumstances, the kinds of events listed below are among those that could qualify as Force Majeure Events within the meaning of this 

Section: construction, labor, or equipment delays; Malfunction of a Unit or emission control device; unanticipated coal supply or 

pollution control reagent delivery interruptions; acts of God; acts of war or terrorism; and orders by a government official, government 

agency, other regulatory authority, or a regional transmission organization (e.g., the Midwest Independent System Operator), acting 

under and authorized by applicable law or tariff as accepted by the Federal Energy Regulatory Commission, that directs the permittee 

to supply electricity so long as such order is a response to a state-wide or regional emergency or is necessary to preserve the reliability 

of the bulk power system. Depending upon the circumstances and the permittee’s response to such circumstances, failure of a 

permitting authority or the Public Service Commission of Wisconsin to issue a necessary permit or order with sufficient time for the 

permittee to achieve compliance with the Consent Decree 13-cv-266 may constitute a Force Majeure Event where the failure of the 

authority to act is beyond the control of the permittee and the permittee has taken all steps available to them to obtain the necessary 

permit or order, including, but not limited to: submitting a complete permit application or request; responding to requests for additional 

information by the authority in a timely fashion; and accepting lawful permit terms and conditions after expeditiously exhausting any 

legal rights to appeal terms and conditions imposed by the authority. [ss. 285.65(2) and (13),Wis. Stats., Consent Decree 13-cv-266,

par. 188, and Permit 14-POY-174-R1]

(9) Extended Schedule. As part of the resolution of any matter of the Consent Decree 13-cv-266 regarding a claim of Force Majeure, 

the USEPA and the permittee by agreement, may in appropriate circumstances extend or modify the schedule for completion of work 

and/or obligations under the Consent Decree 13-cv-266 to account for the delay in the work and/or obligations that occurred as a result 

of any delay agreed to by the USEPA. The permittee shall be liable for penalties for their failure thereafter to complete the work 

and/or obligations in accordance with the extended or modified schedule (provided that the permittee shall not be precluded from 
FID No. 111003090, Permit No. 14-POY-174-R1 Page 36 of 42

Z. Other Limitations and Conditions From Consent Decree 13-cv-266

asserting that a further Force Majeure Event has caused or may cause a delay in complying with the extended or modified schedule).

[ss. 285.65(2) and (13),Wis. Stats., Consent Decree 13-cv-266, par. 189, and Permit 14-POY-174-R1]

12. DEFINITIONS

For purposes of conditions stemming from the Consent Decree 13-cv-266, the following definitions apply:

(1) A “12-Month Rolling Average Emission Rate” shall be determined by calculating an arithmetic average of all hourly emission 

rates in lb/mmBtu for the current month and all hourly emission rates in lb/mmBtu for the previous 11 Unit Operating Months. A new 

12-Month Rolling Average Emission Rate shall be calculated for each new complete month. Each 12-Month Rolling Average 

Emission Rate shall include all emissions of the applicable pollutant that occur during all periods of operation, including startup, 

shutdown, and malfunction. For purposes of calculating a “12-Month Rolling Average Emission Rate,” a “Unit Operating Month” 

means any month during which a Unit fires Fossil Fuel. 

(2) A “30-Day Rolling Average Emission Rate” for a Unit shall be determined by calculating an arithmetic average of all hourly 

emission rates in lb/mmBtu for the current Unit Operating Day and all hourly emission rates in lb/mmBtu for the previous 29 Unit 

Operating Days. A new 30-Day Rolling Average Emission Rate shall be calculated for each new Unit Operating Day. Each 30-Day 

Rolling Average Emission Rate shall include all emissions of the applicable pollutant that occur during all periods within any Unit 

Operating Day, including emissions from startup, shutdown, and malfunction. 

(3) A “24-Hour Rolling Average Emission Rate” shall be determined by calculating an arithmetic average of the current Unit 

Operating Hour emission rate in lb/mmBtu and the previous 23 Unit Operating Hours. A new 24-Hour Rolling Average Emission Rate 

shall be calculated for each new Unit Operating Hour. Each 24-Hour Rolling Average Emission Rate for PM shall include all 

emissions that occur during all periods of operation, including startup, shutdown, and malfunction. “Unit Operating Hour” means each 

clock hour during which any fuel is combusted at any time in the Unit.

(4) “Baghouse” means a full stream (fabric filter or membrane) particulate emissions control device on the main boilers.

(5) “CEMS” or “Continuous Emission Monitoring System,” means, for obligations involving the monitoring of NOx, SO2, and PM 

emissions under the Consent Decree 13-cv-266, the devices defined in 40 C.F.R. § 72.2 and installed and maintained as required by 40 

C.F.R. Part 60 and 40 C.F.R. Part 75.

(6) “Clean Air Act,” “CAA,” or “Act” means the federal Clean Air Act, 42 U.S.C. §§ 7401-7671q, and its implementing regulations.

(7) “Columbia Generating Station” or “Columbia Station” or “Columbia” means solely for purposes of the Consent Decree 13-cv-266, 

the Columbia Energy Center consisting of two existing coal-fired boilers designated as Unit 1 (512 MW) and Unit 2 (511 MW), which 

is located in Columbia County, Wisconsin. Columbia is operated by WPL and jointly owned by WPL, MGE, and WPSC.

(8) “Continuously Operate” or “Continuous Operation” means that when a pollution control technology or combustion control is 

required to be continuously used at a Unit pursuant to the Consent Decree 13-cv-266 (including, but not limited to, SCR, SNCR, 

DFGD, ESP, Baghouse, or Low NOx Combustion System), it shall be operated at all times such Unit is in operation (except as 

otherwise provided by Z.11. (Force Majeure)), consistent with the technological limitations, manufacturers’ specifications, good 

engineering and maintenance practices, and good air pollution control practices for minimizing emissions (as defined in 40 C.F.R. §

60.11(d)) for such equipment and the Unit.

(9) “Day” means calendar day unless otherwise specified in the Consent Decree 13-cv-266.

(10) Dry Flue Gas Desulfurization” or “Dry FGD” or “DFGD” means an add-on air pollution control system for the reduction of SO2

located downstream of a boiler that sprays an alkaline sorbent slurry in one or more absorber vessels designed to provide intimate 

contact between an alkaline slurry and the flue gas stream to react with and remove SO2 from the exhaust stream forming a dry powder 

material which is captured in a downstream particulate control device.

(11) “Electrostatic Precipitator” or “ESP” means a device for removing particulate matter from combustion gases by imparting an 

electric charge to the particles and then attracting them to a metal plate or screen of opposite charge before the combustion gases are 

exhausted to the atmosphere.

(12) “Emission Rate” for a given pollutant means the number of pounds of that pollutant emitted per million British thermal units of 

heat input (lb/mmBtu), measured in accordance with section I.Z. of this permit.
FID No. 111003090, Permit No. 14-POY-174-R1 Page 37 of 42

Z. Other Limitations and Conditions From Consent Decree 13-cv-266

(13) “EPA” means the United States Environmental Protection Agency.

(14) “Fossil Fuel” means any hydrocarbon fuel, including but not limited to coal, metallurgical coke, petroleum coke, petroleum oil, 

natural gas, or any other fuel made or derived from the foregoing.

(15) “Improved Unit” for SO2 means a System Unit equipped with a DFGD or scheduled under this permit to be equipped with a 

DFGD. A Unit may be an Improved Unit for one pollutant without being an Improved Unit for another pollutant. Columbia Units 1

and 2 and Edgewater Unit 5 are Improved Units for SO2.

(16) “lb/mmBtu” means pound per million British thermal units.

(17) “Low NOx Combustion System” means burners and associated combustion air control equipment, including Overfire Air and 

Rich Reagent Injection (if installed at the Unit), which control mixing characteristics of Fossil Fuel and oxygen, thus restraining the 

formation of NOx during combustion of fuel in the boiler.

(18) “Malfunction” means a failure to operate in a normal or usual manner by any air pollution control equipment, process equipment, 

or a process, which is sudden, infrequent, and not reasonably preventable. Failures that are caused in part by poor maintenance or 

careless operation are not Malfunctions.

(19) “NOx” means oxides of nitrogen.

(20) “NOx Allowance” means an authorization to emit a specified amount of NOx that is allocated or issued under an emissions trading 

or marketable permit program of any kind established under the Clean Air Act or applicable State Implementation Plan; provided, 

however, that with respect to any such program that first applies to emissions occurring after December 31, 2011, a “NOx Allowance” 

shall include an allowance created and allocated under such program only for control periods starting on or after the fourth anniversary 

of June 17, 2013.

(21) “Over-Fire Air” or “OFA” means an in-furnace staged combustion control to reduce NOx emissions.

(22) “Plant-Wide Annual Tonnage Limitation” for a pollutant means the sum of the tons of the pollutant emitted from all the Units at a 

Plant including, without limitations, all tons of that pollutant emitted during periods of startup, shutdown, and Malfunction, in the 

designated year.

(23) “PM” means total filterable particulate matter, measured in accordance with the provisions of the Consent Decree 13-cv-266.

(24) “PM CEMS” or “PM Continuous Emission Monitoring System” means, for obligations involving the monitoring of PM emissions 

under the Consent Decree 13-cv-266, the equipment that samples, analyzes, measures, and provides, by readings taken at frequent 

intervals, an electronic and/or paper record of PM emissions.

(25) “PM Control Device” means any device, including an ESP or Baghouse, which reduces emissions of PM. Where a Unit is 

equipped with both an ESP and a Baghouse, the Baghouse, and not the ESP, shall be considered the PM Control Device for that Unit.

(26) “PM Emission Rate” means the number of pounds of PM emitted per million Btu of heat input (lb/mmBtu).

(27) “SCR” or “Selective Catalytic Reduction” means a pollution control device for reducing NOx emissions through the use of 

selective catalytic reduction technology.

(28) “SO2” means sulfur dioxide.

(29) “SO2 Allowance” means an authorization to emit a specified amount of SO2 that is allocated or issued under an emissions trading 

or marketable permit program of any kind established under the Clean Air Act or applicable State Implementation Plan; provided, 

however, that with respect to any such program that first applies to emissions occurring after December 31, 2011, a “SO2 Allowance” 

shall include an allowance created and allocated under such program only for control periods starting on or after the fourth anniversary 

of June 17, 2013.

(30) “State” means the State of Wisconsin.

(31) “Super-Compliant Allowance” means a NOx Allowance or SO2 Allowance attributable to reductions beyond the requirements of 
FID No. 111003090, Permit No. 14-POY-174-R1 Page 38 of 42

Z. Other Limitations and Conditions From Consent Decree 13-cv-266

the Consent Decree 13-cv-266, as described in Z.3. and Z.7.

(32) “Surrender” or “Surrender of Allowances” means, for purposes of SO2 or NOx Allowances, permanently surrendering allowances 

from the accounts administered by EPA and the State of Wisconsin, if applicable, so that such allowances can never be used thereafter 

to meet any compliance requirements under the CAA, a state implementation plan, or this Consent Decree.

(33) “System” means collectively, and solely for purposes of the Consent Decree 13-cv-266, the Columbia Generating Station 

(consisting of Units 1 & 2), the Edgewater Generating Station (consisting of Units 3, 4 & 5), and the Nelson Dewey Generating Station 

(consisting of Units 1 & 2).

(34) “Title V Permit” means the permit required of major sources pursuant to Subchapter V of the Act, 42 U.S.C. §§ 7661-7661e.

(35) “Unit” means collectively, the coal pulverizer, stationary equipment that feeds coal to the boiler, the boiler that produces steam 

for the steam turbine, the steam turbine, the generator, the equipment necessary to operate the generator, steam turbine, and boiler, and 

all ancillary equipment, including pollution control equipment and systems necessary for production of electricity. An electric steam 

generating station may be comprised of one or more Units.

(36) “Unit Operating Day” means any Day on which a Unit fires Fossil Fuel. 

(37) "Unit Operating Hour'' means each clock hour during which any fuel is combusted at any time in the Unit

(38) “Unit Owner” or “Unit Owners” means, with respect to any Unit addressed in the Consent Decree 13-cv-266, in singular form, 

WPL, MGE, or WPSC, each of which has ownership interests, in whole or in part, in the following Units addressed in this permit: 

Nelson Dewey Units 1 & 2 - WPL; Columbia Units 1 & 2 - WPL, MGE, and WPSC; Edgewater Unit 3 - WPL; Edgewater Unit 4 -

WPL and WPSC; and Edgewater Unit 5 – WPL, and in plural form, means all Unit Owners that have an Ownership Interest in the 

particular Unit or Units addressed.

(39) “Unit-Specific Annual Tonnage Cap” for a Unit means the sum of the tons of the pollutant in question emitted from the Unit 

including, without limitations, all tons of that pollutant emitted during periods of operation, startup, shutdown, and Malfunction, in the 

designated calendar year.

(40) “Wisconsin SIP” means the Wisconsin State Implementation Plan, and any amendments thereto, as approved by EPA pursuant to 

Section 110 of the Act, 42 U.S.C. § 7410.

(41) “Working Day” means a day other than a Saturday, Sunday, or Federal Holiday. In computing any period of time under the 

Consent Decree 13-cv-266, where the last day would fall on a Saturday, Sunday, or Federal Holiday, the period shall run until the 

close of business on the next Working Day.

(42) “WPL” means, Wisconsin Power and Light Company, the operator and the owner or co-owner of the Columbia Station, the 

Edgewater Station, and the Nelson Dewey Station.

[ss. 285.65(2) and (13),Wis. Stats., Consent Decree 13-cv-266, Section III, and Permit 14-POY-174-R1]
FID No. 111003090, Permit No. 14-POY-174-R1 Page 39 of 42

ZZZ. Conditions Applicable to the Entire Project

1. Construction Permit 14-POY-174 Transitional Language.

a. Limitations:

(1) Notifications. The permittee shall inform the Department of the following dates:

(a) The date construction commences on any new or modified emission unit(s) addressed in Permit 14-POY-174.

(b) The date each boiler (B21 and B22) becomes operational after the replacement of the 6th pulverizer of each boiler.

(c) The date each boiler (B21 and B22) returns to service after the turbine upgrade and tie-in is complete.

For the purposes of this permit, “operational” shall be defined as the first time of any process related air contaminant is emitted 

into the ambient air.

[s. NR 439.03(1), Wis. Adm. Code (Permit 14-POY-174)]

(2) Construction Authorization Expiration. The Authorization to Construct, under Construction Permit 14-POY-174 expires 36 

months after the date of issuance. Construction or modification and an initial operation period for equipment shakedown, testing 

and Department evaluation of operation to assure conformity with the permit conditions is authorized for each emissions unit 

covered in this permit. Please note that the sources covered by this permit are required to meet all emission limits and conditions 

contained in the permit at all times, including during the initial operation period. If 36-month period is an insufficient time period 

for construction or modification, equipment shakedown, testing and Department evaluation of operation, the permit holder may 

request and the Department may approve in writing an extension of this permit. The conditions of the construction permit are 

permanent, unless revised, superseded or revoked.

[ss. 285.60(1)(a)2. and 285.66(1), Wis. Stats., and s. NR 406.12, Wis. Adm. Code (Permit 14-POY-174)]] 

(3) Malfunction Prevention and Abatement Plan. The permittee shall update the facility’s Malfunction Prevention and Abatement 

Plan to include the operation and maintenance of the emission units and associated control equipment covered under this 

construction permit within 60 days of the date each unit becomes operational, per conditions ZZZ.1.(b) or (c), whichever is later.

[s. NR 439.11, Wis. Adm. Code (Permit 14-POY-174)]

(4) Emission Stack Testing. The permittee shall conduct compliance emission stack tests as required in the construction permit.

(a) If compliance emission test(s) cannot be conducted within the time frames specified, the permit holder may request and the 

Department may approve, in writing, an extension of time to conduct the test(s).

(b) All testing shall be performed with the emissions unit operating at capacity or as close to capacity as practicable and in 

accordance with approved procedures. If operation at capacity is not feasible, the source shall operate at a capacity level which is 

approved by the Department in writing.

(c) The Department shall be informed at least 20 working days prior to any stack testing so a Department representative can witness 

the testing. At the time of notification, a compliance emission test plan shall also be submitted to the Department for approval. 

When approved in writing, an equivalent test method may be substituted for the reference test method. 
FID No. 111003090, Permit No. 14-POY-174-R1 Page 40 of 42

ZZZ. Conditions Applicable to the Entire Project

[s. NR 439.07, Wis. Adm. Code (Permit 14-POY-174)]

(5) Compliance Reports/Records. The permittee shall submit periodic monitoring reports and certification of compliance for any 

emission unit covered under this construction permit for the period when that unit becomes operational. Note that compliance 

monitoring and reporting requirements and limitations of any unmodified units remain in effect.

(6) Complete Operation Permit Application. The permittee shall submit a complete operation permit application for the project 

covered under construction permit 14-POY-174 within 6 months following initial operation per ZZZ.1.(b) or (c), whichever is 

later.

[s. NR 407.04(1)(b), Wis. Adm. Code (Permit 14-POY-174)]

(7) Phased/Staged Construction.

Phased/Staged construction refers to construction/modification of an operation that occurs in separate/distinct phases 

or stages. Separate notification of commencing construction of each stage/phase of construction shall be submitted to 

the Department. Applicable limitations for each stage/phase of the operation do not apply until the source has 

[commenced/initially operated/completed] construction/modification of the stage/phase.

For phased construction/modification subject to PSD review, that commences 18 months or more following initial 

permit issuance, the permittee shall submit information for reevaluating BACT to the Department at least 18 months 

prior to the commencement of construction/modification. The facility shall submit a permit revision application to 

incorporate the new PSD BACT, if necessary to update the PSD BACT.

[ss. 285.60(1)(a)2 and 285.66(1), Wis. Stats.; s. NR 405.08(4), s. NR 406.12, Wis. Adm. Code (Permit 14-POY-174)]

b. Compliance Demonstration: c. Test Methods, Recordkeeping, and Monitoring:

(1) Notifications. The permittee shall submit to the Department 

of Natural Resources, South Central Region Air Program, 

Reedsburg Area Office in writing, within 15 days of the date 

the event, the following:

(a) The date construction commences on the any new or 

modified emission unit(s) addressed in Permit 14-POY-174.

(b) The date each boiler becomes operational following the 

replacement of its 6th pulverizer.

(c) The date boiler returns to service following the tie-in of the 

turbine following upgrade.

[s. NR 439.04(1)(d), Wis. Adm. Code (Permit 14-POY174)] 

(2) Malfunction Prevention and Abatement Plan. The owner 

or operator shall update the facility’s Malfunction Prevention 

and Abatement Plan to include the emission units and 

associated control equipment covered under this construction 

None Applicable.
FID No. 111003090, Permit No. 14-POY-174-R1 Page 41 of 42

ZZZ. Conditions Applicable to the Entire Project

permit within 60 days of the date each unit becomes 

operational, per condition ZZZ.1.(b) or (c) whichever is later.

[s. NR 439.11(1), Wis. Adm. Code (Permit 14-POY-174)]

(3) Emission Stack Testing. Upon completion of any required 

compliance emission tests, the permittee shall submit to the 

Department of Natural Resources, South Central Region Air 

Program, Reedsburg Area Office two copies of the report on 

the tests for evaluation within 60 days of the date the tests 

were completed.

[s. NR 439.04(1)(d), Wis. Adm. Code (Permit 14-POY174)]

(4) Submittal of Compliance Testing Information and other 

updates. The permittee shall submit to the department any 

updates of the permit application. Updates are required if any 

changes that occur which are not specified or described in 

the plans and specifications dated September 23, 2014 

through November 25, 2014. The updates shall be made 

within 60 days of the date of the change. Other information 

to be submitted shall include the notification requirements 

and stack tests results 

[s. NR 439.04(1)(d), Wis. Adm. Code (Permit 14-POY174)]

(5) All submittals described in this permit shall be made in 

writing and include the name of the facility, the facility’s 

address, the construction permit number and a description of 

the affected emission unit(s).

[s. NR 439.04(1)(d), Wis. Adm. Code (Permit 14-POY174)]

2. Quarterly Excess Emission Reports

a. Conditions:

(1) The quarterly excess emission reports required in this permit shall:

(a) Be Submitted to the Department of Natural Resources, South Central Air Program, Box 281, Reedsburg, WI 53959, phone (608) 

524-3896, within 30 days following the end of each calendar quarter.

(b) Contain the following information:

(i) The magnitude of any excess emissions, and conversion factor or factors used;

(ii) The date and starting and ending times or duration of each period of excess emissions;

(iii) The periods of excess emissions that occur during startups, shutdowns, sootblowing, control equipment malfunction, process 

malfunction, fuel problems, other known causes or for unknown causes;

(iv) The cause of any malfunction and the measures taken to reduce excess emission;

(v) The date and starting and ending times of any period during which the monitoring system was inoperative for and reason or causes, 

including monitor malfunction or calibration, except zero and span checks. The report shall identify the repairs or adjustments made to 
FID No. 111003090, Permit No. 14-POY-174-R1 Page 42 of 42

ZZZ. Conditions Applicable to the Entire Project

the system;

(vi) The date and starting and ending time of an period during which the process being monitored was inoperative;

(vii)When no period of excess emission occurred during the quarter and the monitoring system had no period of downtime, an excess 

emission report shall be filed stating such information.

[ss. NR 439.09(10), NR 439.09(10)(a) and Permit 14-POY-174]

3. Source Obligation

(1) The permittee shall monitor the emissions of any regulated NSR air contaminant, excluding nitrogen oxides, carbon monoxide and 

greenhouse gas20, that could increase as a result of the project covered under this construction permit 14-POY-174 and that is emitted by

any emissions unit covered under this construction permit. The permittee shall also calculate and maintain a record of the annual 

emissions, in tons per year on a calendar year basis, for a period of 5 years following initial operation of the boilers B21 and B22 after 

the boiler modification project.

[s. NR 405.16(3)(d), Wis. Adm. Code, and Permit 14-POY-174]

(2) The permittee shall submit a report to the department within 60 days after the end of each year during which records must be 

generated under (1) setting out the unit’s annual emissions during the calendar year that preceded submission of the report. 

[s. NR 405.16(3)(e), Wis. Adm. Code, and Permit 14-POY-174]

(3) The owner or operator of the source shall make the information required to be documented and maintained pursuant to I.ZZZ.8.a. (1) 

and (2) available for inspection, upon request by the department or the general public.

[s. NR 405.16(4), Wis. Adm. Code, and Permit 14-POY-174]

 

20 The permittee has proposed a nitrogen oxide emission limit for each boiler as the future potential to emit. The project is subject to PSD BACT for 

carbon monoxide and greenhouse gas.