Current state law and the federal Clean Air Act require certain electric utilities
to limit emissions of sulfur dioxide. This bill requires the department of natural
resources (DNR) to promulgate rules to achieve, beginning in 2010, annual
aggregate sulfur dioxide emissions from power plants that are no greater than 25%
of the annual aggregate sulfur dioxide emissions authorized at full implementation
of the current Clean Air Act provisions. The bill defines "power plant" to mean a
facility for the generation of electricity for sale that uses combustion and that has a
nameplate capacity of 15 megawatts or more.
Current federal law requires certain electric utilities to limit emissions of
nitrogen oxide. This bill requires DNR to promulgate rules to achieve, beginning in
2010, annual aggregate nitrogen oxide emissions that are no greater than 25% of the
aggregate nitrogen oxide emissions from power plants in 1997.
This bill also requires DNR to promulgate rules to achieve, beginning in 2010,
annual aggregate carbon dioxide emissions from power plants that are no greater
than aggregate carbon dioxide emissions from power plants in 1990.
The bill authorizes DNR to use mechanisms such as emissions trading in the
rules that it is required to promulgate under the bill. The bill also imposes emission
limitations on each power plant if DNR does not promulgate the required rules
within two years after the bill takes effect.
The Clean Air Act requires the federal environmental protection agency (EPA)
to set standards for emissions of air pollutants from categories of stationary facilities

that emit air pollution that is likely to endanger public health or welfare. These
standards are called standards of performance for new stationary sources or new
source performance standards. A new source performance standard generally
applies to sources on which construction or modification is begun after the date on
which EPA proposes the standard. Under current state law, when EPA sets a new
source performance standard, DNR is required to promulgate a rule setting a similar
standard, which generally may not be more restrictive than the federal standard.
The current new source performance standards that apply to certain electricity
generating facilities regulate emissions of particulate matter, sulfur dioxide, and
nitrogen oxide.
This bill requires the operator of a power plant that has been in operation for
30 years to comply with the most recently promulgated new source performance
standards beginning on the day that is 30 years after the power plant began
operating or, if that date is earlier than five years after this bill takes effect,
beginning five years after this bill takes effect.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB860, s. 1 1Section 1. 285.28 of the statutes is created to read:
AB860,2,2 2285.28 Standards applicable to certain power plants. (1) In this section:
AB860,2,43 (a) "Affected power plant" means a power plant that has been in operation for
430 years or more.
AB860,2,75 (b) "Applicability date" means the later of the date that is 30 years after the day
6on which a power plant began operating or the first day of the 60th month beginning
7after the effective date of this paragraph .... [revisor inserts date].
AB860,2,108 (c) "Power plant" means a facility for the generation of electricity for sale that
9uses a combustion device and that has a nameplate capacity of 15 megawatts or
10more.
AB860,3,2 11(2) Beginning on the applicability date for an affected power plant, the operator
12of the affected power plant shall comply with the standards of performance for

1stationary sources that were promulgated under s. 285.27 (1) most recently before
2the applicability date for the affected power plant.
AB860, s. 2 3Section 2. 285.50 of the statutes is created to read:
AB860,3,7 4285.50 Sulfur dioxide, nitrogen oxide, and carbon dioxide emissions
5from power plants.
(1) Definition. In this section, "power plant" means a facility
6for the generation of electricity for sale that uses a combustion device and that has
7a nameplate capacity of 15 megawatts or more.
AB860,3,9 8(2) Emission limitations. The department shall promulgate rules to achieve
9all of the following beginning in 2010:
AB860,3,1210 (a) Annual aggregate sulfur dioxide emissions from power plants no greater
11than 25% of the annual aggregate sulfur dioxide emissions authorized at full
12implementation of the requirements under 42 USC 7651d.
AB860,3,1413 (b) Annual aggregate nitrogen oxide emissions from power plants no greater
14than 25% of the aggregate nitrogen oxide emissions from power plants in 1997.
AB860,3,1615 (c) Annual aggregate carbon dioxide emissions from power plants no greater
16than aggregate carbon dioxide emissions from power plants in 1990.
AB860,3,21 17(3) Content of rules. (a) The department shall promulgate rules under sub.
18(2) to achieve the specified emission levels in a manner that the department
19determines will allocate required emission reductions equitably, taking into account
20emission reductions achieved before the effective date of this paragraph .... [revisor
21inserts date], and other relevant factors.
AB860,3,2522 (b) The department may include mechanisms such as emissions trading in the
23rules promulgated under sub. (2), but the department shall prevent localized adverse
24effects on public health and the environment from the use of those mechanisms and
25shall ensure that significant reductions are achieved throughout this state.
AB860,4,4
1(c) The department shall include in the rules under sub. (2) incentives to
2increase energy efficiency and to use renewable energy to achieve the requirements
3in the subsection and provisions to reduce the rate of growth of natural gas
4consumption.
AB860,4,85 (d) The department may promulgate rules that require lower levels of
6emissions than those specified in sub. (2) if the department determines that the
7levels specified in sub. (2) are not reasonably anticipated to protect public health or
8welfare.
AB860,4,12 9(4) Effect of failure to promulgate rules. If the department does not
10promulgate the rules required under sub. (2) by the first day of the 25th month
11beginning after the effective date of this subsection .... [revisor inserts date], all of
12the following apply beginning on January 1, 2010:
AB860,4,1513 (a) Annual sulfur dioxide emissions from a power plant may not exceed 25% of
14the annual sulfur dioxide emissions authorized for that power plant at full
15implementation of the requirements under 42 USC 7651d.
AB860,4,1716 (b) Annual nitrogen oxide emissions from a power plant may not exceed 25%
17of the nitrogen oxide emissions from that power plant in 1997.
AB860,4,1918 (c) Annual carbon dioxide emissions from a power plant may not exceed carbon
19dioxide emissions from that power plant in 1990.
AB860,4,21 20(5) No impact on other provisions. Nothing in this section exempts a person
21from any other provision in this chapter.
AB860,4,2222 (End)
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