Chapter NR 409

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) (d) Loss of exemption.

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 NR 409.05 Retired units exemption.

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) (2) Source obligations.

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) (3) Department’s action.

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) (4) Special provisions.

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) (f) Loss of exemption.

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)(a) (a) Identification of the unit.

NR 409.055(2)(b) (b) A statement that the unit is not a cogeneration unit.

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(2)(i) (i) The special provisions of sub. (4).

NR 409.055(3) (3) Department’s action.

NR 409.055(3)(a) (a)

NR 409.055(3)(a)1. 1. For any unit meeting the requirements of subs. (1) and (2), the department shall issue an exemption 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.

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).

NR 409.055(4) (4) Special provisions.

NR 409.055(4)(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 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 409.055(4)(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 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 ch. NR 407.

NR 409.055(4)(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 owners and operators bear the burden of proof that the requirements of this section 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. Records shall include all of the following information:

NR 409.055(4)(c)1. 1. A copy of the interconnection agreement and any related power purchase agreement under sub. (1) (b) and any successor agreement under par. (d) 2.

NR 409.055(4)(c)2. 2. The nameplate capacity of each generator served by the unit.

NR 409.055(4)(c)3. 3. 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 par. (d) 2.

NR 409.055(4)(d) (d) Loss of exemption.

NR 409.055(4)(d)1. 1. A ‘‘successor agreement” is an agreement that satisfies all of the following:

NR 409.055(4)(d)1.a. a. Modifies, replaces or supersedes the interconnection agreement or related power purchase agreement under sub. (1) (b).

NR 409.055(4)(d)1.b. b. Is between the owners and operators of the unit and a person that is contractually obligated to sell electricity to the owners and operators of the unit and either 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(4)(d)1.c. c. Requires the generator served by the unit to produce electricity for sale to the person under subd. 2. b. and only for incidental electricity sales, so that the total amount of electricity that the generator is required to produce for sale under the interconnection agreement or related power purchase agreement, to the extent they are still in effect, and the successor agreement may not exceed the total amount of electricity that the generator was required to produce for sale under the interconnection agreement or related power purchase agreement under sub. (1) (b).

NR 409.055(4)(d)2. 2. On the earliest of the following dates, a unit exempt under this section shall lose its exemption and become an affected unit under this chapter and ch. NR 407:

NR 409.055(4)(d)2.a. a. The first date on which there is an 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(4)(d)2.b. b. If any generator served by the unit actually produces any electricity for sale other than for sale to the person specified as the purchaser in the interconnection agreement or any related power purchase agreement under sub. (1) (b) or a successor agreement under this subdivision, then the day after the date on which the electricity is sold.

NR 409.055(4)(d)2.c. c. If any generator served by the unit actually produces any electricity for sale to the person specified as the purchaser in the interconnection agreement or any related power purchase agreement under sub. (1) (b) or a successor agreement under this subdivision, where the sale is not required under that interconnection agreement or related power purchase agreement or successor agreement or where the sale will result in total sales for a calendar year exceeding 10% of the nameplate capacity of that generator times 8,769 hours per year, then the day after the date on which the sale is made.

NR 409.055(4)(d)2.d. d. If any generator served by the unit actually produces any electricity for sale to the person specified as the purchaser in the interconnection agreement or related power purchase agreement under sub. (1) (b) or a successor agreement under this subdivision, where the sale results in total sales for a calendar year exceeding 10% of the actual electric output of the generator for that year, then January 1 of the year after that year.

NR 409.055(4)(d)2.e. e. If the interconnection agreement or related power purchase agreement under sub. (1) (b) expires or is terminated, no successor agreement under this subdivision, is in effect, and any generator served by the unit actually produces any electricity for sale, then the day after the date on which the electricity is sold.

NR 409.055(4)(d)3. 3. 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 409.055(4)(d)4. 4. 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 409.055 History History: Cr., Register, November, 1999, No. 527, eff. 12-1-99.

NR 409.06 NR 409.06 Standard requirements.

NR 409.06(1) (1) Permit requirements.

NR 409.06(1)(a) (a) The designated representative of each affected source and each affected unit at the source shall:

NR 409.06(1)(a)1. 1. Except for a phase I acid rain permit to be issued by EPA, submit a complete acid rain portion of an operation permit application under this chapter in accordance with the deadlines specified in s. NR 409.08 (1).

NR 409.06(1)(a)2. 2. Submit in a timely manner any supplemental information that the department determines is necessary in order to review an application for the acid rain portion of an operation permit and issue or deny an acid rain portion of an operation permit.

NR 409.06(1)(b) (b) The owners and operators of each affected source and each affected unit at the source shall:

NR 409.06(1)(b)1. 1. Operate the unit in compliance with a complete acid rain portion of an operation permit application or a superseding acid rain portion of an operation permit issued by the department; and

NR 409.06(1)(b)2. 2. Have an acid rain portion of an operation permit.

NR 409.06(2) (2) Monitoring requirements.

NR 409.06(2)(a) (a) The owners and operators and, to the extent applicable, designated representative of each affected source and each affected unit at the source shall comply with the monitoring requirements as provided in 40 CFR part 75.

NR 409.06(2)(b) (b) The emissions measurements recorded and reported in accordance with 40 CFR part 75 shall be used to determine compliance by the unit with the acid rain emissions limitations and emissions reduction requirements for sulfur dioxide and nitrogen oxides under the acid rain program.

NR 409.06(2)(c) (c) The requirements of 40 CFR part 75 do not affect the responsibility of the owners and operators to monitor emissions of other pollutants or other emissions characteristics at the unit under other applicable requirements of the act and other provisions of the operation permit for the source.

NR 409.06(3) (3) Sulfur dioxide requirements.