NR 432.02(19)(a)1.1. For a unit that is a CAIR NOx unit under 40 CFR 97.104 or 97.304 on the later of November 15, 1990 or the date the unit commences commercial operation as defined in par. (a) (intro.) and that subsequently undergoes a physical change other than replacement of the unit by a unit at the same source, the date shall remain the date of commencement of commercial operation of the unit, which shall continue to be treated as the same unit. NR 432.02(19)(a)2.2. For a unit that is a CAIR NOx unit under 40 CFR 97.104 or 97.304 on the later of November 15, 1990 or the date the unit commences commercial operation as defined in par. (a) (intro.) and that is subsequently replaced by a unit at the same source, e.g., repowered, the date shall remain the replaced unit’s date of commencement of commercial operation, and the replacement unit shall be treated as a separate unit with a separate date for commencement of commercial operation as defined in par. (a) (intro.) or (b) (intro.) as appropriate. NR 432.02(19)(b)1.1. For a unit with a date for commencement of commercial operation as defined in par. (b) (intro.) and that subsequently undergoes a physical change, other than replacement of the unit by a unit at the same source, the date shall remain the date of commencement of commercial operation of the unit, which shall continue to be treated as the same unit. NR 432.02(19)(b)2.2. For a unit with a date for commencement of commercial operation as defined in par. (b) (intro.) and that is subsequently replaced by a unit at the same source, e.g., repowered, the date shall remain the replaced unit’s date of commencement of commercial operation, and the replacement unit shall be treated as a separate unit with a separate date for commencement of commercial operation as defined in par. (a) (intro.) or (b) (intro.) as appropriate. NR 432.02(20)(20) “Conventional resource” means a resource that derives energy from coal, oil, nuclear power or natural gas. A fuel cell that derives energy from natural gas is not a conventional resource. NR 432.02(21)(21) “Generator” means a device that produces electricity. NR 432.02(22)(22) “Gross electrical output” means electricity made available for use, including any electricity used in the power production process. A power production process includes any on-site processing or treatment of fuel combusted at the unit and any on-site emission controls. NR 432.02(23)(23) “Heat input” means, with regard to a specified period of time, the product, in mmBtu/time, of the gross calorific value of the fuel, in Btu/lb, divided by 1,000,000 Btu/mmBtu and multiplied by the fuel feed rate into a combustion device, in lb of fuel/time, as measured, recorded, and reported to the administrator by the CAIR designated representative and determined by the administrator in accordance with 40 CFR part 97, Subpart HH and excluding the heat derived from preheated combustion air, recirculated flue gases, or exhaust from other sources. NR 432.02(24)(24) “Heat input rate” means the amount of heat input, in mmBtu, divided by unit operating time, in hours, or, with regard to a specific fuel, the amount of heat input attributed to the fuel, in mmBtu, divided by the unit operating time, in hours, during which the unit combusts the fuel. NR 432.02(26)(26) “Nameplate capacity” means, starting from the initial installation of a generator, the maximum electrical generating output, in MWe, that the generator is capable of producing on a steady state basis and during continuous operation, when not restricted by seasonal or other deratings, as of the installation as specified by the manufacturer of the generator or, starting from the completion of any subsequent physical change in the generator resulting in an increase in the maximum electrical generating output, in MWe, that the generator is capable of producing on a steady state basis and during continuous operation, when not restricted by seasonal or other deratings, the increased maximum amount as of the completion as specified by the person conducting the physical change. NR 432.02(27)(27) “Operator” means any person who operates, controls or supervises a CAIR NOx unit, a CAIR NOx source or a CAIR renewable unit and includes any holding company, utility system or plant manager of a unit or source. NR 432.02(28)(a)(a) Any holder of any portion of the legal or equitable title in a CAIR NOx unit at the source, a CAIR NOx unit or a CAIR renewable unit. NR 432.02(28)(b)(b) Any holder of a leasehold interest in a CAIR NOx unit at the source, a CAIR NOx unit or a CAIR renewable unit. NR 432.02(28)(c)(c) Any purchaser of power from a CAIR NOx unit at the source, a CAIR NOx unit or a CAIR renewable unit under a life-of-the-unit, firm power contractual arrangement; provided that, unless expressly provided for in a leasehold agreement, owner may not include a passive lessor, or a person who has an equitable interest through the lessor, whose rental payments are not based, either directly or indirectly, on the revenues or income from the CAIR NOx unit. NR 432.02(29)(29) “Permitting authority” means a state air pollution control agency, local agency, other state agency or other agency authorized by the administrator of the EPA to issue or revise permits to meet the requirements of the CAIR NOx trading program or the CAIR NOx ozone season trading program in accordance with 40 CFR part 97, Subpart CC and CCCC or, if no agency has been authorized, the administrator of the EPA. NR 432.02(30)(30) “Potential electrical output capacity” means 33% of a unit’s maximum design heat input, divided by 3,413 Btu/kWh, divided by 1,000 kWh/MWh and multiplied by 8,760 hr/yr. NR 432.02(31)(31) “Renewable energy” means electricity derived from a renewable resource. NR 432.02(32)(32) “Renewable resource” means any of the following: NR 432.02(32)(a)(a) A resource that derives electricity from any of the following: NR 432.02(32)(a)1.1. A fuel cell that uses a renewable fuel, as determined by the public service commission. NR 432.02(32)(b)(b) A resource that derives electricity from hydroelectric power. NR 432.02(32)(c)(c) Any resource not described in par. (a) or (b), except a conventional resource, that the public service commission has designated as a renewable resource in rules promulgated under s. 196.378 (4), Stats. NR 432.02 NoteNote: The definition of a renewable resource is based on the definition in s. 196.378 (1) (h), Stats. NR 432.02(33)(33) “Repowered” means, with regard to a unit, replacement of a coal-fired boiler with one of the following coal-fired technologies at the same source as the coal-fired boiler: NR 432.02(33)(f)(f) As determined by the administrator in consultation with the secretary of energy, a derivative of one or more of the technologies under pars. (a) to (e) and any other coal-fired technology capable of controlling multiple combustion emissions simultaneously with improved boiler or generation efficiency and with significantly greater waste reduction relative to the performance of technology in widespread commercial use as of January 1, 2005. NR 432.02(34)(34) “Solid waste incineration unit” means a stationary, fossil-fuel-fired boiler or stationary, fossil-fuel-fired combustion turbine that is a ‘‘solid waste incineration unit’’ as defined in section 129 (g) (1) of the Act (42 USC 7429 (g) (1)). NR 432.02(35)(35) “Topping-cycle cogeneration unit” means a cogeneration unit in which the energy input to the unit is first used to produce useful power, including electricity, and at least some of the reject heat from the electricity production is then used to provide useful thermal energy. NR 432.02(36)(36) “Total energy input” means, with regard to a cogeneration unit, total energy of all forms supplied to a cogeneration unit, excluding energy produced by the cogeneration unit itself. NR 432.02(37)(37) “Total energy output” means, with regard to a cogeneration unit, the sum of useful power and useful thermal energy produced by the cogeneration unit. NR 432.02(38)(a)(a) A stationary, fossil fuel-fired boiler or combustion turbine or other stationary, fossil fuel-fired combustion device. NR 432.02(39)(39) “Useful thermal energy” means, with regard to a cogeneration unit, thermal energy that is any of the following: NR 432.02(39)(a)(a) Made available to an industrial or commercial process, not a power production process, excluding any heat contained in condensate return or makeup water. NR 432.02(39)(b)(b) Used in a heating application, such as space heating or hot water heating. NR 432.02(39)(c)(c) Used in space cooling application, such as thermal energy used by an absorption chiller. NR 432.02(40)(40) “Utility power distribution system” means the portion of an electricity grid owned or operated by a utility and dedicated to delivering electricity to customers. NR 432.02 NoteNote: The definitions in this section are limited to use in this chapter and are substantively similar to the federal CAIR definitions found in 40 CFR part 97 except for ”gross electrical output” and ”useful thermal energy”. The difference in the definitions for these 2 terms is necessary to implement the state allocation structure that differs from the allocation structure in the federal implementation plan. NR 432.02 HistoryHistory: CR 06-104: cr. Register July 2007 No. 619, eff. 8-1-07. NR 432.03NR 432.03 CAIR NOx allowance allocation. The department shall use the procedures in this section for calculating and allocating CAIR NOx allowances for CAIR NOx units and CAIR renewable units. NR 432.03(1)(a)(a) Calculating baseline energy output. The department shall calculate the baseline energy output of each CAIR NOx unit and each CAIR renewable unit, in MWh according to the following equations as appropriate: NR 432.03(1)(a)1.1. For a CAIR NOx unit that is a cogeneration unit and that has operated for 5 or more consecutive calendar years, by using one of the following equations: NR 432.03(1)(a)1.a.a. Use equation 1a if the unit is the only unit serving a generator or, if more than one unit serves the same generator and unit-level data for equation 1a is available for all units: where:
B is the unit baseline energy output made available by the cogeneration unit in MWh
GEavg is the average of the 3 highest annual amounts of the unit’s annual gross electric output in MWh over the 5-year period identified in par. (b)
TEavg is the average of the 3 highest annual amounts of the unit’s annual useful thermal energy in mmBtu over the 5-year period identified in par. (b)
3.4 is a conversion factor in mmBtu/MWh
NR 432.03(1)(a)1.b.b. Use equation 1b if more than one unit serves the same generator and unit-level data for equation 1a is not available for all units: where:
Bi is the baseline energy output made available by cogeneration unit i in MWh
GEGen is the average of the 3 highest annual amounts of the annual gross electric output in MWh for the generator served over the 5-year period identified in par. (b)
TET is the average of the 3 highest annual amounts of annual useful thermal energy in mmBtu for the generator served over the 5-year period defined in par. (b)
3.4 is a conversion factor in mmBtu/MWh
NCi is the nameplate capacity of unit i
n is the number of units serving the same generator
NR 432.03(1)(a)2.2. For a CAIR NOx unit that is not a cogeneration unit and that has operated for 5 or more consecutive calendar years and for a CAIR renewable unit that has operated for 5 or more consecutive calendar years, by using one of the following equations as appropriate: NR 432.03(1)(a)2.a.a. Use equation 2a if the unit is the only unit serving a generator or, if more than one unit serves the same generator and unit-level data for equation 2a is available for all units: where:
B is the unit baseline energy output made available by the CAIR NOx unit or the CAIR renewable unit in MWh
GEavg is the average of the 3 highest annual amounts of the unit’s annual gross electric output in MWh over the 5-year period identified in par. (b)
NR 432.03(1)(a)2.b.b. Use equation 2b if more than one unit serves the same generator and unit-level data for equation 2a is not available for all units: where:
Bi is the baseline energy output made available by CAIR NOx unit i or CAIR renewable unit i in MWh
GEGen is the average of the 3 highest annual amounts of the annual gross electric output in MWh for the generator served over the 5-year period identified in par. (b)
NCi is the nameplate capacity of unit i
n is the number of units serving the same generator
NR 432.03(1)(b)(b) Periodic updates of baseline energy output for units with more than 5 years operating data. The department shall use the procedures in this paragraph for calculating the unit baseline energy output for each CAIR NOx unit or CAIR renewable unit which has more than 5 years of operating data. NR 432.03(1)(b)1.1. In 2007, the department shall calculate the baseline energy output for each CAIR NOx unit for 2009 to 2014 allowances using data for the years 2000 to 2004. NR 432.03(1)(b)2.2. On or before May 1, 2011, and on or before May 1 of every fifth year thereafter, the department shall calculate the baseline energy output for each CAIR NOx unit and each CAIR renewable unit for the next 5 year allocation period using data from the 5 calendar year period beginning 9 years before the first year of the allocation period and ending 5 years before the first year of the allocation period. NR 432.03 NoteNote: For example in 2021, unit baseline energy output for the calculation of allocation for 2025 to 2029 allowances will be calculated using data from the years 2016 to 2020. In 2026, unit baseline energy output for the calculation of the allocation for 2030 to 2034 will be calculated using data from 2021 to 2025.
