∆EM2007 and ∆EM2008 are the differences between the actual emission rates for 2007 and 2008 respectively and the target emission rate for early reductions in lbs NOx/mmBtu. If the unit’s actual average emission rate for the calendar year is greater than 0.25, ∆EMyear is equal to 0. If the unit’s actual average emission rate for the calendar year is equal to or less than 0.25, then ∆EMyear is calculated using equation 7
where:
Actualyear is the unit’s actual average emission rate for calendar year for 2007 or 2008 in lbs NOx/mmBtu determined in accordance with 40 CFR part 97, Subpart HH 0.25 is the target emission rate for early reductions in lbs NOx/mmBtu
NR 432.04(2)(2) Electric reliability. The department may allocate CAIR NOx allowances from the compliance supplement pool to any CAIR NOx unit for which the unit’s CAIR designated representative demonstrates that compliance with the CAIR NOx allocation under s. NR 432.03, Table 1 for calendar year 2009 would create an undue risk to the reliability of electricity supply during 2009. The CAIR designated representative of the unit may request the allocation of CAIR NOx allowances from the compliance supplement pool in order to avoid an undue risk to the reliability of electricity supply during 2009 in accordance with the following requirements: NR 432.04(2)(a)(a) The CAIR designated representative of the CAIR NOx unit shall submit to the department by July 31, 2009 a request for allocation of an amount of CAIR NOx allowances from the compliance supplement pool not exceeding the minimum amount of CAIR NOx allowances necessary to remove the undue risk to the reliability of electricity supply. NR 432.04(2)(b)(b) In the request under par. (a), the CAIR designated representative of the CAIR NOx unit shall demonstrate that, in the absence of an allocation to the unit in the amount of CAIR NOx allowances requested, the unit’s compliance with CAIR NOx allocation under s. NR 432.03, Table 1 for calendar year 2009 would create an undue risk to the reliability of electricity supply during that year. This demonstration shall include a showing by the unit’s CAIR designated representative that it would not be feasible to do both of the following: NR 432.04(2)(b)1.1. Obtain a sufficient amount of electricity from other electricity generation facilities for compliance with the CAIR NOx allocations under s. NR 432.03, Table 1 to prevent the undue risk. NR 432.04(2)(b)2.2. Obtain under subs. (1) and (3), or otherwise obtain, a sufficient amount of CAIR NOx allowances to prevent the undue risk. NR 432.04(3)(3) Allocation procedure. The department shall review each request submitted under subs. (1) and (2) and shall allocate CAIR NOx allowances for calendar year 2009 to CAIR NOx units covered by the requests as follows: NR 432.04(3)(a)(a) Upon receipt of each request, the department shall determine whether the amount of the CAIR NOx allowances requested from the compliance supplement pool meets the requirements of sub. (1) or (2). NR 432.04(3)(b)(b) If the amount of CAIR NOx allowances in the compliance supplement pool is greater than or equal to the total amount of CAIR NOx allowances in all requests submitted under subs. (1) and (2), the department shall allocate to each CAIR NOx unit covered by the requests the amount of CAIR NOx allowances requested, and determined eligible for under par. (a). NR 432.04(3)(c)(c) If the state’s compliance supplement pool has a smaller amount of CAIR NOx allowances than the total amount of CAIR NOx allowances in all requests submitted under subs. (1) and (2), as adjusted under par. (a), the department shall allocate CAIR NOx allowances to each CAIR NOx unit covered by the requests according to equation 8: where:
Zi is the amount of CAIR NOx allowances allocated to unit i from the state’s compliance supplement pool rounded to the nearest whole ton, adjusted by the department as needed to ensure that the sum of the allowances to all units does not exceed the CSP
Yi is the amount of CAIR NOx allowances requested for unit i under subs. (1) and (2), as determined eligible under par. (a)
CSP is the amount of CAIR NOx allowances in the state’s compliance supplement pool as provided in 40 CFR 97.143 k is the number of units which the department deemed eligible for requests made under subs. (1) and (2)
NR 432.04(3)(d)(d) By November 15, 2009, the department shall determine the allocations under par. (b) or (c), as applicable. The department shall make available to the public each determination of CAIR NOx allowances under par. (c) and shall provide an opportunity for submission of objections to the determination. Objections shall be limited to addressing whether the determination is in accordance with sub. (1) or (2) and par. (b) or (c) and data correction. Based on any objections, the department may adjust each determination to the extent necessary to ensure that it is in accordance with sub. (1) or (2) and par. (b) or (c) and the data is correct. NR 432.04(3)(e)(e) By December 15, 2009, the department shall notify the administrator of the allocations made under par. (d). NR 432.04 HistoryHistory: CR 06-104: cr. Register July 2007 No. 619, eff. 8-1-07. NR 432.05NR 432.05 CAIR NOx ozone season allowance allocation. The department shall use the procedures in this section for calculating and allocating CAIR NOx ozone season allowances for CAIR NOx units and CAIR renewable units. NR 432.05(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 432.05(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 432.05(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 9a is available for all units: