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. 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)(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(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.