NR 409.02(79)(79) “Substitution unit” means an affected unit, other than a unit under section 410 of the act (42 USC 7651i), that is designated as a phase I unit in a substitution plan under 40 CFR 72.41. NR 409.02(79m)(79m) ‘‘Tangentially fired boiler” means a boiler that has coal and air nozzles mounted in each corner of the furnace where the vertical furnace walls meet. Both pulverized coal and air are directed from the furnace corners along a line tangential to a circle lying in a horizontal plane of the furnace. NR 409.02(80)(80) “Total installed net output capacity” means the generator output capacity, excluding that portion of the electrical power actually used at the power production facility, as installed. NR 409.02(81)(81) “Total planned net output capacity” means the planned generator output capacity, excluding that portion of the electrical power which is designed to be used at the power production facility, as specified under one or more qualifying power purchase commitments or contemporaneous documents as of November 15, 1990. NR 409.02(81m)(81m) ‘‘Turbo-fired boiler” means a pulverized coal, wall-fired boiler with burners arranged on walls so that the individual flames extend down toward the furnace bottom and then turn back up through the center of the furnace. NR 409.02(82)(82) “Unit” means a fossil fuel-fired combustion device. NR 409.02(83)(83) “Unit account” means an allowance tracking system account, established by the administrator for an affected unit pursuant to 40 CFR 73.31 (a) or (b). NR 409.02(84)(84) “Utility” means any person that sells electricity. NR 409.02(85)(85) “Utility competitive bid solicitation” means a public request from a regulated utility for offers to the utility for meeting future generating needs. A qualifying facility or independent power production facility may be regarded as having been “selected” in the solicitation if the utility has named the facility as a project with which the utility intends to negotiate a power sales agreement. NR 409.02(86)(86) “Utility regulatory authority” means an authority, board, commission or other entity, limited to the local-, state- or federal-level, whenever so specified, responsible for overseeing the business operations of utilities located within its jurisdiction, including, but not limited to, utility rates and charges to customers. NR 409.02(87)(87) “Utility unit” means a unit owned or operated by a utility that serves a generator that produces electricity for sale or that, during 1985, served a generator that produced electricity for sale, except as provided in pars. (a) and (b): NR 409.02(87)(a)(a) A unit that was in operation during 1985, but did not serve a generator that produced electricity for sale during 1985, and did not commence commercial operation on or after November 15, 1990 is not a utility unit for purposes of the acid rain program. NR 409.02(87)(b)(b) A unit that cogenerates steam and electricity is not a utility unit for purposes of the acid rain program unless the unit is constructed for the purpose of supplying, or commences construction after November 15, 1990 and supplies, more than one-third of its potential electrical output capacity and more than 25 MWe output to any power distribution system for sale. NR 409.02(88)(88) ‘‘Vertically fired boiler” means a dry bottom boiler with circular burners, or coal and air pipes, oriented downward and mounted on waterwalls that are horizontal or at an angle. This definition shall include dry bottom roof-fired boilers and dry bottom top-fired boilers, and shall exclude dry bottom arch-fired boilers and dry bottom turbo-fired boilers. NR 409.02(89)(89) ‘‘Wall-fired boiler” means a boiler that has pulverized coal burners arranged on the walls of the furnace. The burners have discrete, individual flames that extend perpendicularly into the furnace area. NR 409.02(90)(90) ‘‘Wet bottom” means having ash removal from the furnace in a molten state. The term ‘‘wet bottom boiler” shall include: wet bottom wall-fired boilers, including wet bottom turbo-fired boilers; and wet bottom boilers otherwise meeting the definition of vertically fired boilers, including wet bottom arch-fired boilers, wet bottom roof-fired boilers, and wet bottom top-fired boilers. The term ‘‘wet bottom boiler” shall exclude cyclone boilers and tangentially fired boilers. NR 409.02 HistoryHistory: Cr. Register, September, 1986, No. 369, eff. 10-1-86; r. and recr., renum. from NR 407.02 (5) to (12), (14), (15), (18), (19), (21), (23) to (30), (33), (34) to be (10), (11), (15), (19), (22), (26), (28),(29), (37), (38), (47), (48), (50), (55), (56), (64), (66), (69) to (72), (78), (79) and am. (72), (78), (79), Register, April, 1995, No. 472, eff. 5-1-95; am. (76) (intro.), Register, December, 1995, No. 480, eff. 1-1-96; am. (2) (a) 2. a., r. (6), Register, December, 1996, No. 492, eff. 1-1-97; cr. (2) (b), (12g), (12m), (12s), (17m), (20m), (21m), (32g), (32m), (32s), (35h), (35p), (39m), (43h), (43p), (44m), (46h), (46p), (49m), (51g), (51m), (51s), (56m), (61m), (67m), (74h), (74p), (76m), (79m), (81m), (88), (89), (90), am. (4), (12), (20), (34), (59) (c), (77) (b) and (c), Register, November, 1999, No. 527, eff. 12-1-99; CR 02-146: am. (34) Register October 2003 No. 574, eff. 11-1-03. 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: 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, Vndn, in the equation, the factor, mass Mn, may be used, where Mn 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 NoteNote: 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 HistoryHistory: 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 HistoryHistory: Cr. Register, April, 1995, No. 472, eff. 5-1-95; r. and recr., Register, November, 1999, No. 527, eff. 12-1-99. NR 409.055NR 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.
