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21(1m) Determination of mercury emissions. The department shall establish a
22methodology for determining the annual mercury emissions of major utilities.
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23(2) Emission limits. (a) Except as provided under sub. (4), in 2001 to 2005, the
24annual mercury emissions of a major utility may not exceed 85% of the annual
1mercury emissions of the major utility in the year 2000, as determined by the
2department using the methodology under sub. (1m).
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(b) Except as provided under sub. (4), in 2006 to 2011, the annual mercury
4emissions of a major utility may not exceed 70% of the annual mercury emissions of
5the major utility in the year 2000, as determined by the department using the
6methodology under sub. (1m).
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(c) Except as provided under sub. (4), beginning in 2012, the annual mercury
8emissions of a major utility may not exceed 50% of the annual mercury emissions of
9the major utility in the year 2000, as determined by the department using the
10methodology under sub. (1m).
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11(3) Annual compliance plan required. (a)
Submission; contents. On or before
12October 1 of each year beginning with the year 2000, each major utility shall submit
13to the department and the commission a plan for achieving compliance with the
14emission limit under sub. (2). The plan shall include, at a minimum, all of the
15following:
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1. The major utility's expected electricity demand.
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2. The major utility's annual operation plan.
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3. The expected operation characteristics of each boiler, including all of the
19following:
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a. The order to be used in placing the boilers into operational production.
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b. The planned maintenance schedule for each boiler and how the maintenance
22is expected to affect the methods of meeting electricity demands.
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4. The amount and mercury content of coal, other fossil fuel or other materials
24to be used for each boiler in operational production. The mercury content shall be
25expressed in pounds of mercury per million British thermal units of heat input.
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15. The anticipated mercury emissions from each boiler.
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6. Contingency plans for unexpected events or increased demand including a
3summary of generation costs and the anticipated additional costs for reducing
4mercury emissions under those circumstances.
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7. The methods that will be used to achieve compliance with sub. (2) in the
6following year.
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8. The total anticipated annual mercury emissions from all boilers under the
8ownership or control of the major utility for each of the next 3 years.
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(b)
Review. The department shall review the adequacy of each compliance plan
10and, after consulting with the commission, shall approve or disapprove the plan
11within 90 days after its receipt.
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12(4) Variance. (a)
Request; variance conditions. A major utility may request
13a variance from the emission limit under sub. (2) for a year by submitting the request
14to the commission and the department. No request for a variance may be submitted
15if the department has served the major utility with written notice under s. 285.83
16that the major utility has violated sub. (2). Upon receipt of a request, the commission
17shall, within 45 days, determine if any of the following variance conditions exists and
18shall report its determination to the department:
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1. A major electrical supply emergency within or outside this state.
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2. A major fuel supply disruption.
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3. An extended and unplanned disruption in the operation of a nuclear plant
22or a boiler with low mercury emissions under the ownership or control of the major
23utility.
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4. The occurrence of an uncontrollable event not anticipated in the plan
25submitted under sub. (3).
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15. A plan by the major utility to install and place into operation new
2technological devices that will enable it to achieve compliance with sub. (2).
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(b)
Compliance plan required. With the request for a variance, the major utility
4shall submit its plan for achieving compliance with the emission limit. If the request
5is based on a variance condition specified under par. (a) 1. to 4., the request shall
6include an explanation of why the major utility cannot achieve or remain in
7compliance by using fuel with a lower mercury content or by environmental
8dispatching.
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(c)
Grant of variance. The department shall grant a request for a variance if
10all of the following apply:
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1. The commission determines that a variance condition exists.
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2. The department determines that the major utility's compliance plan is
13adequate.
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3. The major utility has not received more than one variance in the 9 years
15preceding the year for which the major utility requests the variance.
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(d)
Denial of variance. The department shall deny a request for a variance if
17the conditions in par. (c) 1. to 3. do not all apply.
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(e)
Time limit for response. The department shall grant or deny a request for
19a variance within 90 days after its receipt of the request or the request is considered
20to be denied.
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21(5) No impact on other provisions. Nothing in this section exempts a major
22utility from any provision of ss. 285.01 to 285.39 or 285.51 to 285.87. Compliance
23with this section is not a defense to a violation of any of those provisions.
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24(6) Determination of compliance. The department shall determine
25compliance with sub. (2) using data submitted by the major utilities. Each major
1utility shall provide the department with any information needed to determine
2compliance.
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3(7) Penalty. Notwithstanding s. 285.87, any major utility that exceeds the
4annual emission limit under sub. (2) in violation of this section shall forfeit not less
5than $100,000 nor more than $500,000 for each year of violation.
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6Section
10. 285.49 of the statutes is created to read:
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7285.49 Mercury emission reporting; generators of electricity. (1) 8Requirement. Except as provided in sub. (3), each person who generates electricity
9in this state shall provide to the department by April 1, annually, a report of the
10amount of mercury emitted in generating electricity by the person in the previous
11calendar year.
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12(2) Content of report. A report under sub. (1) shall include all of the following:
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(a) A list of all generation facilities owned or operated by the person required
14to report under sub. (1).
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(b) Information about the amount of electricity purchased by the person
16required to report under sub. (1) for use in this state.
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(c) All of the following information about each generation facility in this state
18owned or operated by the person required to report under sub. (1):
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1. The amount of electricity generated at the facility.
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2. The amount of fuel used to generate electricity at the facility.
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3. The amount of mercury emitted in generating that electricity, determined
22using emission factors, stack tests, fuel analysis or other methods approved by the
23department.
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4. The mercury content of the fuel used to generate electricity if that content
25is determined in conjunction with a stack test.
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1(3) Exceptions. (a) A person is not required to report under sub. (1) for any
2of the following:
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1. A generation unit that is operated fewer than 240 hours per year.
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2. A generation unit with a fuel capacity input of less than 150,000,000 British
5thermal units per hour.
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3. A generation unit with a maximum output of 15 megawatts or less.
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4. A generation unit with annual mercury emissions of 3 pounds of less.
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8(4) Report by department. By January 1, 2000, and biennially thereafter, the
9department shall prepare and make available to the public, a report on the amount
10of mercury emitted in the generation of electricity in this state.
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11Section
11. 285.495 of the statutes is created to read:
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12285.495 Mercury emission goal; report.
(1) Goal. It is the goal of this state
13that in 2010 total annual mercury emissions in this state do not exceed 50% of the
14total annual mercury emissions in this state in the year 2000.
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15(2) Excess mercury emissions; department report required. (a) If the
16department determines in 2011 that total annual mercury emissions in this state in
172010 exceeded 50% of the total annual mercury emissions in this state in the year
182000, the department shall, after consulting with the public service commission,
19prepare a report containing recommendations for methods to reduce mercury
20emissions. The department shall hold a public hearing on the report.
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(b) If the department is required to prepare a report under par. (a), the
22department shall submit the report to the chief clerk of each house of the legislature,
23for distribution to the appropriate standing committees under s. 13.172 (3).
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24Section
12. 287.07 (8) (a) 2m. of the statutes is created to read:
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1287.07
(8) (a) 2m. Measures to reduce the amount of mercury in medical waste
2that is sent to a medical waste incinerator.