NR 409.04(1)
(1)
Applicability. This section applies to any new utility unit that has not previously lost an exemption under
sub. (6) (d) and that, in each year starting with the first year for which the unit is to be exempt, satisfies all of the following:
NR 409.04(1)(a)
(a) Serves during the entire year, except for any period before the unit commenced commercial operation, one or more generators with total nameplate capacity of 25 MWe or less.
NR 409.04(1)(b)
(b) Burns fuel that does not include any coal or coal-derived fuel, except coal-derived gaseous fuel with a total sulfur content no greater than natural gas.
NR 409.04(1)(c)
(c) Burns gaseous fuel with an annual average sulfur content of 0.05% or less by weight, as determined under
sub. (4) and nongaseous fuel with an annual average sulfur content of 0.05% or less by weight, as determined under
sub. (4).
NR 409.04(2)(b)
(b) The exemption under
par. (a) shall be effective on January 1 of the first full calendar year for which the unit meets the requirements of
sub. (1). By December 31 of the first year for which the unit is to be exempt under this section, a statement signed by the designated representative, or, if no designated representative has been authorized, a certifying official of each owner of the unit shall be submitted to the department, and a copy of the statement shall be submitted to the administrator. The statement shall be submitted in a format prescribed by the administrator, shall identify the unit, state the nameplate capacity of each generator served by the unit and the fuels currently burned or expected to be burned by the unit and their sulfur content by weight, and state that the owners and operators of the unit will comply with
sub. (6).
NR 409.04(2)(c)
(c) After receipt of the statement under
par. (b), the department shall revise under
s. NR 409.12 (4) the operation permit covering the source at which the unit is located, if the source has an operation permit, to add the provisions and requirements of the exemption under
sub. (1),
par. (a), and
subs. (4) and
(6).
NR 409.04(3)(a)(a) Any new utility unit that meets the requirements of
sub. (1) and that is allocated one or more allowances under
40 CFR part 73 shall be exempt from this chapter, except for the provisions of this section,
40 CFR 72.2 to
72.6, and
40 CFR 72.10 to
72.13, if the designated representative, or, if no designated representative has been authorized, a certifying official of each owner of the unit submits to the department and the administrator a statement, in a format prescribed by the administrator, that does all of the following:
NR 409.04(3)(a)1.
1. Identifies the unit and states the nameplate capacity of each generator served by the unit and the fuels currently burned or expected to be burned by the unit and their sulfur content by weight.
NR 409.04(3)(a)3.
3. Surrenders allowances equal in number to, and with the same or earlier compliance use date as, all of those allocated to the unit under
40 CFR part 73 for the first year that the unit is to be exempt under this section and for each subsequent year.
NR 409.04(3)(b)
(b) The administrator deducts from the unit's allowance tracking system account allowances under
40 CFR 72.7(c)(1)(i)(C) and receives proceeds under
40 CFR 72.7(c)(1)(i)(D). Upon completion of any deductions and receipt of any proceeds, the administrator will close the unit's allowance tracking system account and notify the designated representative, or certifying official, and the department.
NR 409.04(3)(c)
(c) The exemption under
par. (a) shall be effective on January 1 of the first full calendar year for which the requirements of
sub. (1) and
par. (a) are met. After notification by the administrator under
40 CFR 72.7(c)(1)(ii) the department shall revise under
s. NR 409.12 (4) the operation permit covering the source at which the unit is located, if the source has such a permit, to add the provisions and requirements of the exemption under
sub. (1),
par. (a), and
subs. (4) and
(6).
NR 409.04(4)
(4) Compliance demonstration. Compliance with the requirement that fuel burned during the year have an annual average sulfur content of 0.05% by weight or less shall be determined using a method of determining sulfur content that provides information with reasonable precision, reliability, accessibility and timeliness, in accordance with one of the following:
NR 409.04(4)(a)
(a) For gaseous fuel burned during the year, if natural gas is the only gaseous fuel burned, the requirement is assumed to be met.
NR 409.04(4)(b)
(b) For gaseous fuel burned during the year where other gas in addition to or besides natural gas is burned, the requirement is met if the annual average sulfur content is equal to or less than 0.05% by weight. The annual average sulfur content, as a percentage by weight, for the gaseous fuel burned shall be calculated as follows: -
See PDF for diagram 
where:
%Sannual is the annual average sulfur content of the fuel burned during the year by the unit, as a percentage by weight
%Sn is the sulfur content of the nth sample of the fuel delivered during the year to the unit, as a percentage by weight
Vn is the volume of the fuel in a delivery during the year to the unit of which the nth sample is taken, in standard cubic feet; or, for fuel delivered during the year to the unit continuously by pipeline, volume of the fuel delivered starting from when the nth sample of the fuel is taken until the next sample of the fuel is taken, in standard cubic feet
dn is the density of the nth sample of the fuel delivered during the year to the unit, in lb per standard cubic foot
n is each sample taken of the fuel delivered during the year to the unit, taken at least once for each delivery; or, for fuel that is delivered during the year to the unit continuously by pipeline, at least once each quarter during which the fuel is delivered
NR 409.04(4)(c)
(c) For nongaseous fuel burned during the year, the requirement is met if the annual average sulfur content is equal to or less than 0.05% by weight. The annual average sulfur content, as a percentage by weight, shall be calculated using the equation in
par. (b). In lieu of the factor, volume times density, V
nd
n, in the equation, the factor, mass M
n, may be used, where M
n is: mass of the nongaseous fuel in a delivery during the year to the unit of which the nth sample is taken, in pounds; or, for fuel delivered during the year to the unit continuously by pipeline, mass of the nongaseous fuel delivered starting from when the nth sample of the fuel is taken until the next sample of the fuel is taken, in pounds.
NR 409.04(5)(a)(a) A utility unit that was issued a written exemption under this section and that meets the requirements of
sub. (1) shall be exempt from this chapter, except for the provisions of this section,
40 CFR 72.2 to
72.6 and
40 CFR 72.10 to
72.13, and shall be subject to the requirements of
subs. (1) and
(4),
par. (b), and
sub. (6) in lieu of the requirements in the written exemption. The department shall revise under
s. NR 409.12 (4) the operation permit covering the source at which the unit is located, if the source has an operation permit, to add the provisions and requirements of the exemption under this paragraph and
subs. (1) and
(4),
par. (b) and
sub. (6).
NR 409.04(5)(b)
(b) If a utility unit under
par. (a) is allocated one or more allowances under
40 CFR part 73, the designated representative, or, if no designated representative has been authorized, a certifying official of each owner of the unit shall submit to the permitting authority that issued the written exemption a statement, in a format prescribed by the administrator, meeting the requirements of
sub. (3) (a) 3. and
4.
NR 409.04 Note
Note: The statement was to have been submitted to the permitting authority by June 30, 1998 and, if the administrator was not the permitting authority, a copy was to have been submitted to the administrator.
NR 409.04(6)(a)(a)
Duty to comply. The owners and operators and, to the extent applicable, the designated representative of a unit exempt under this section shall comply with both of the following:
NR 409.04(6)(a)1.
1. The requirements of
sub. (1) for all periods for which the unit is exempt under this section.
NR 409.04(6)(a)2.
2. The requirements of this chapter concerning all periods for which the exemption is not in effect, even if the requirements arise, or must be complied with, after the exemption takes effect.
NR 409.04(6)(b)
(b) Scope of exemption. For any period for which a unit is exempt under this section, the unit is not an affected unit under this chapter and
ch. NR 407 and is not eligible under
40 CFR part 74. As an unaffected unit, the unit shall continue to be subject to any other applicable requirements in
ch. NR 407.
NR 409.04(6)(c)
(c) Recordkeeping. For a period of 5 years from the date the records are created, the owners and operators of a unit exempt under this section shall retain at the source that includes the unit records demonstrating that the requirements of
sub. (1) are met. The 5-year period for keeping records may be extended for cause, at any time prior to the end of the period, in writing by the administrator or the department.
NR 409.04(6)(c)1.
1. Records shall include, for each delivery of fuel to the unit or for fuel delivered to the unit continuously by pipeline, the type of fuel, the sulfur content and the sulfur content of each sample taken.
NR 409.04(6)(c)2.
2. The owners and operators bear the burden of proof that the requirements of
sub. (1) are met.
NR 409.04(6)(d)1.1. On the earliest of the following dates, a unit exempt under
sub. (2),
(3) or
(5) shall lose its exemption and become an affected unit under this chapter and
ch. NR 407:
NR 409.04(6)(d)1.a.
a. The date on which the unit first serves one or more generators with total nameplate capacity in excess of 25 MWe.
NR 409.04(6)(d)1.b.
b. The date on which the unit burns any coal or coal-derived fuel except for coal-derived gaseous fuel with a total sulfur content no greater than natural gas.
NR 409.04(6)(d)1.c.
c. January 1 of the year following the year in which the annual average sulfur content for gaseous fuel burned at the unit exceeds 0.05% by weight, as determined under
sub. (4), or for nongaseous fuel burned at the unit exceeds 0.05% by weight, as determined under
sub. (4).
NR 409.04(6)(d)2.
2. Notwithstanding
s. NR 409.08 (1) (b) and
(c), the designated representative for a unit that loses its exemption under this section shall submit a complete acid rain portion of an operation permit application no later than 60 days after the first date on which the unit is no longer exempt.
NR 409.04(6)(d)3.
3. For the purpose of applying monitoring requirements under
40 CFR part 75, a unit that loses its exemption under this section shall be treated as a new unit that commenced commercial operation on the first date on which the unit is no longer exempt.
NR 409.04 History
History: Cr.
Register, April, 1995, No. 472, eff. 5-1-95; r. and recr.,
Register, November, 1999, No. 527, eff. 12-1-99.
NR 409.05(1)
(1)
Applicability. This section applies to any affected unit, except for an opt-in source, that is permanently retired.
NR 409.05(2)(a)(a) Scope of exemption. Any affected unit, except for an opt-in source, that is permanently retired shall be exempt from the acid rain program, except for the provisions of this section,
40 CFR 72.2 to
72.6,
72.10 to
72.13, and subpart B of
40 CFR part 73.
NR 409.05(2)(b)
(b) Submissions. The exemption under
par. (a) shall become effective on January 1 of the first full calendar year during which that the unit is permanently retired. By December 31 of the first year that the unit is to be exempt under this section, the designated representative, authorized in accordance with subpart B of
40 CFR part 72, or, if no designated representative has been authorized, a certifying official of each owner of the unit, shall submit a statement to the department. A copy of the statement shall also be submitted to the administrator. The statement shall state, in a format prescribed by the administrator, that the unit is permanently retired and will comply with the requirements of
sub. (4).
NR 409.05(3)(a)(a) After receipt of the notice under
sub. (2) (b), the department shall amend under
s. NR 409.12 (4) the operation permit covering the source at which the unit is located, if the source has an operation permit, to add the provisions and requirements of the exemption under
subs. (2) (a) and
(4).
NR 409.05(3)(b)
(b) A unit that was issued a written exemption under this section and that is permanently retired shall be exempt from the acid rain program, except for the provisions of this section,
40 CFR 72.2 to
72.6 and
72.10 to
72.13, and subpart B of
40 CFR part 73, and shall be subject to the requirements of
sub. (4) in lieu of the requirements in the written exemption. The department shall amend under
s. NR 409.12 (4) the operation permit covering the source at which the unit is located, if the source has such a permit, to add the provisions and requirements of the exemption under this subsection and
sub. (4).
NR 409.05(4)(a)(a) Allowance allocations. A unit exempt under this section may not emit any sulfur dioxide or nitrogen oxides starting on the date that the exemption takes effect. The owners and operators of the unit will be allocated allowances in accordance with subpart B of
40 CFR part 73.
NR 409.05(4)(b)
(b) Resumption of operation. A unit exempt under this section may not resume operation unless the designated representative of the source that includes the unit submits a complete acid rain portion of an operation permit application under
s. NR 409.08 (2) for the unit not less than 24 months prior to the later of January 1, 2000 or the date on which the unit is first to resume operation.
NR 409.05(4)(c)
(c) Duty to comply. The owners and operators and, to the extent applicable, the designated representative of a unit exempt under this section shall comply with the requirements of the acid rain program concerning all periods for which the exemption is not in effect, even if the requirements arise, or must be complied with, after the exemption takes effect.
NR 409.05(4)(d)
(d) Scope of exemption. For any period for which a unit is exempt under this section, the unit is not an affected unit under this chapter and
ch. NR 407 and is not eligible to be an opt-in source under
40 CFR part 74. As an unaffected unit, the unit shall continue to be subject to any other applicable requirements under
40 CFR parts 70 and
72.
NR 409.05(4)(e)
(e) Recordkeeping. For a period of 5 years from the date the records are created, the owners and operators of a unit exempt under this section shall retain at the source that includes the unit records demonstrating that the unit is permanently retired. The 5-year period for keeping records may be extended for cause, at any time prior to the end of the period, in writing by the administrator or the department. The owners and operators bear the burden of proof that the unit is permanently retired.
NR 409.05(4)(f)1.1. On the earlier of the following dates, a unit exempt under
sub. (2) or
(3) shall lose its exemption and become an affected unit under this chapter and
ch. NR 407:
NR 409.05(4)(f)1.a.
a. The date on which the designated representative submits an acid rain portion of an operation permit application under
par. (b).
NR 409.05(4)(f)1.b.
b. The date on which the designated representative is required under
par. (b) to submit an acid rain portion of an operation permit application.
NR 409.05(4)(f)2.
2. For the purpose of applying monitoring requirements under
40 CFR part 75, a unit that loses its exemption under this section shall be treated as a new unit that commenced commercial operation on the first date on which the unit resumes operation.
NR 409.05 History
History: Cr.
Register, April, 1995, No. 472, eff. 5-1-95; r. and recr.,
Register, November, 1999, No. 527, eff. 12-1-99.
NR 409.055
NR 409.055
Non-cogeneration industrial utility units exemption. NR 409.055(1)(1)
Applicability. This section applies to any non-cogeneration, industrial utility unit that has not previously lost an exemption under
sub. (4) (d) and that meets all of the following criteria:
NR 409.055(1)(a)
(a) Starting on the date of the signing of the interconnection agreement under
par. (b) and thereafter there has been no owner or operator of the unit, division or subsidiary or affiliate or parent company of an owner or operator of the unit, or combination thereof, whose principal business is the sale, transmission or distribution of electricity or that is a public utility under the jurisdiction of a state or local utility regulatory authority.
NR 409.055(1)(b)
(b) On or before March 23, 1993, the owners or operators of the unit entered into an interconnection agreement and any related power purchase agreement with a person whose principal business is the sale, transmission or distribution of electricity or that is a public utility under the jurisdiction of a state or local utility regulatory authority, requiring the generator or generators served by the unit to produce electricity for sale only for incidental electricity sales to the person.
NR 409.055(1)(c)
(c) The unit served or serves one or more generators that, in 1985 or any year thereafter, actually produced electricity for sale only for incidental electricity sales required under the interconnection agreement and any related power purchase agreement under
par. (b) or a successor agreement under
sub. (4) (d) 2.
NR 409.055(2)
(2) Petition for exemption. The designated representative, authorized in accordance with subpart B of
40 CFR part 72, of a unit under
sub. (1) may submit to the department a complete petition for an exemption for the unit from the requirements of the acid rain program, except for the provisions of this section,
40 CFR 72.2 to
72.6, and
40 CFR 72.10 to
72.13. A copy of the petition shall also be submitted to the administrator. A complete petition shall include all of the following elements in a format prescribed by the administrator:
NR 409.055(2)(c)
(c) A list of the current owners and operators of the unit and any other owners and operators of the unit, starting on the date of the signing of the interconnection agreement under
sub. (1) (b), and a statement that, starting on that date, there has been no owner or operator of the unit, division or subsidiary or affiliate or parent company of an owner or operator of the unit, or combination thereof whose principal business is the sale, transmission or distribution of electricity or that is a public utility under the jurisdiction of a state or local utility regulatory authority.
NR 409.055(2)(d)
(d) A summary of the terms of the interconnection agreement and any related power purchase agreement under
sub. (1) (b) and any successor agreement under
sub. (4) (d) 2., including the date on which the agreement was signed, the amount of electricity that may be required to be produced for sale by each generator served by the unit and the provisions for expiration or termination of the agreement.
NR 409.055(2)(e)
(e) A copy of the interconnection agreement and any related power purchase agreement under
sub. (1) (b) and any successor agreement under
sub. (4) (d) 2.
NR 409.055(2)(f)
(f) The nameplate capacity of each generator served by the unit.
NR 409.055(2)(g)
(g) For each year starting in 1985, the actual annual electrical output of each generator served by the unit, the total amount of electricity produced for sales to any customer by each generator, and the total amount of electricity produced and sold as required by the interconnection agreement and any related power purchase agreement under
sub. (1) (b) or any successor agreement under
sub. (4) (d) 2.
NR 409.055(2)(h)
(h) A statement that each generator served by the unit actually produced electricity for sale only for incidental electricity sales, in accordance with
sub. (1) (c), required under the interconnection agreement and any related power purchase agreement under
sub. (1) (b) or any successor agreement under
sub. (4) (d) 2.
NR 409.055(3)(a)2.
2. If a petition for exemption is submitted for a unit but the designated representative fails to demonstrate that the requirements of
sub. (1) are met, the department shall deny an exemption under this section.
NR 409.055(3)(b)
(b) In issuing or denying an exemption under
par. (a), the department shall treat the petition for exemption as a permit application and apply the procedures used for issuing or denying the draft, proposed and final acid rain portion of operation permits.
NR 409.055(3)(c)
(c) An exemption issued under
par. (a) 1. shall become effective on January 1 of the first full year the unit meets the requirements of
sub. (1).
NR 409.055(3)(d)
(d) An exemption issued under
par. (a) 1. shall be effective until the date on which the unit loses the exemption under
sub. (4) (d).
NR 409.055(3)(e)
(e) After issuance of the exemption under
pars. (a) and
(b), the department shall amend under
s. NR 409.12 (4) the operation permit covering the source at which the unit is located, if the source has an operation permit, to add the provisions and requirements of the exemption under
par. (a) 1. and
sub. (4).
