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.
NR 432.03(1)(c)(c) Baseline energy output for new units and units achieving 5 years of operating data for the first time. 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 have only 5 years of operating data. NR 432.03(1)(c)1.1. On or before May 1, 2011, the department shall calculate the baseline energy output for each CAIR NOx unit and each CAIR renewable unit that commences operation on or after January 1, 2001 and that has operating data for the years 2006 to 2010 for 2015 to 2019 allowances using data for years 2006 to 2010. NR 432.03(1)(c)2.2. On or before May 1, 2012, and on or before May 1 of every year thereafter, the department shall calculate the unit baseline energy output for each CAIR NOx unit and each CAIR renewable unit that has been operating for its first 5 consecutive years, using the first 5 years of operating data. Once the unit’s baseline energy output has been established, the CAIR NOx unit or CAIR renewable unit’s baseline energy output shall be updated according to par. (b). NR 432.03 NoteNote: Starting in 2011, and every year thereafter, new units that commence operation on or after January 1, 2001 will have their unit baseline energy output calculated once the unit has 5 consecutive years of operating data. The 5 years of data do not have to be full years of data. Once the unit has 5 or more years of operating data, this unit is then incorporated into the state baselines calculated in s. NR 432.03 (1m) and receives allocations from the main allocation pool under s. NR 432.03 (2). These new units are incorporated into the main allocation pool on a yearly basis. NR 432.03(1)(d)(d) Baseline energy output for retired units. If a unit is retired in any year, the department shall calculate the baseline energy output according to par. (b). If a unit only operates a portion of the year, the data for that portion shall constitute the unit’s data for that year. NR 432.03 NoteNote: The following is an example of how a retired unit’s baseline energy output is calculated. A unit is retired in 2011. In 2011, unit baselines are updated using 2006 to 2010 annual data that will be used to calculate allocations for 2015 to 2019. For 2015 to 2019 allocations, the retired unit would receive all allowances based upon its unit baseline for 2006 to 2010 operating data even though it is no longer operating. In 2016, the next unit baseline updating year, the baseline for the unit would be determined using the most recent 5 years of data, 2011 to 2015. The 2016 updated baseline would be used to determine allocations for 2020 to 2025. If the unit had some operating data in 2011, it would receive minimal allowances in 2020 to 2025 based on the amount of electrical generation in 2011. The next unit update would occur in 2021 and would use 2015 to 2019 operating data. Since the unit would have no operating data for this time period it would no longer receive allocations. Under this procedure a unit that is retired in 2011 could receive allowances until 2025.
NR 432.03(1)(e)(e) Data used for energy generation baselines. In performing the unit energy output baseline calculations under pars. (a) to (d), the department shall use data reported by the CAIR designated representative to EPA under 40 CFR part 97, Subpart HH and available from the EPA and data reported by the CAIR renewable representative to the department under s. NR 432.07. If the required data is unavailable from the EPA, the department shall request the required data directly from the unit’s CAIR designated representative. If the representative does not provide data within 30 days of the department’s request, the department shall estimate the unit’s baseline energy output using best available data. NR 432.03(1m)(a)(a) Prior to 2011, the department shall establish the state baseline by summing the unit baselines calculated according to sub. (1) for all CAIR NOx units listed in Table 1. NR 432.03(1m)(b)(b) In 2011 and annually thereafter, the department shall calculate an annual state baseline by summing the unit baselines calculated according to sub. (1) for all CAIR NOx units and all CAIR renewable units. NR 432.03 NoteNote: The state baseline is updated starting in 2011 annually to incorporate new units that have 5 years of operating data and have established a baseline under s. NR 432.03 (a) and (b). Once a new unit has established a baseline, it is eligible for allowances from the main allocation pool. NR 432.03(2)(2) Allowance allocation for units with 5 or more years of operation data. NR 432.03(2)(a)(a) In 2007, and in 2011 and annually thereafter, the department shall allocate to all CAIR NOx units and CAIR renewable units for which a unit baseline has been calculated under sub. (1), a total amount of CAIR NOx allowances equal to 93% of the tons of NOx emissions in the trading budget for Wisconsin in 40 CFR 97.140. NR 432.03(2)(b)(b) The department shall allocate CAIR NOx allowances to each unit in an amount determined by equation 3:
