LRB-4749/4
RCT:jg/kf/kg:jf
1997 - 1998 LEGISLATURE
March 19, 1998 - Introduced by Representatives Baldwin, Baumgart, Black, Bock,
Handrick, J. Lehman, Notestein, Robson and R. Young, cosponsored by
Senators Burke and Risser. Referred to Committee on Environment.
AB935,1,5
1An Act to amend subchapter V (title) of chapter 285 [precedes 285.41]; and
to
2create 20.370 (2) (bh), 29.09 (3u), 29.091, 196.854, 281.12 (4), 285.11 (18),
3285.48, 285.49, 285.495 and 287.07 (8) (a) 2m. of the statutes;
relating to:
4mercury emissions from major utilities, reporting mercury emissions, mercury
5in medical waste sent to incinerators, fish advisories and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill limits the amount of mercury that may be emitted into the air by major
utilities beginning in 2001. Under the bill, in each year from 2001 to 2005 a major
utility generally may not emit more than 85% of the amount of mercury that it
emitted in the year 2000. For 2006 to 2011, the limit is 70% of the amount of mercury
emitted in the year 2000 and for 2012 and thereafter, the limit is 50% of the amount
of mercury emitted in the year 2000. Under certain circumstances, the department
of natural resources (DNR) may grant a variance from the mercury emission limits
for a year, but DNR may not grant a major utility more than 2 variances in 10 years.
The bill imposes an assessment on major utilities for the costs of DNR's
activities related to mercury emissions. The bill also requires persons who generate
electricity to annually report the amount of mercury emitted in generating
electricity, with certain exceptions.
This bill requires DNR to ensure that a copy of a fish advisory be distributed
to each person obtaining a sport fishing license. The fish advisory describes the risks
to human health of eating sport fish that contain mercury. The bill also requires DNR
to post signs about the fish advisory at public boat landings.
Finally, this bill requires persons who generate medical waste that is sent to a
medical waste facility to develop policies to reduce the amount of mercury in medical
waste.
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:
AB935, s. 1
1Section
1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
AB935, s. 2
3Section
2. 20.370 (2) (bh) of the statutes is created to read:
AB935,2,74
20.370
(2) (bh)
Air management — mercury deposition activities. The amounts
5in the schedule for mercury deposition studies and evaluation and monitoring
6activities. All moneys received under s. 196.854 shall be credited to this
7appropriation.
AB935, s. 3
8Section
3. 29.09 (3u) of the statutes is created to read:
AB935,2,119
29.09
(3u) Information with certain approvals. The department shall ensure
10that a copy of the fish advisory issued under s. 281.12 (4) is distributed to each person
11being issued, under this chapter, an approval that authorizes sport fishing.
AB935, s. 4
12Section
4. 29.091 of the statutes is created to read:
AB935,3,2
1329.091 Notice of fish advisory. The department shall place a sign at each
14public boat landing on a body of water if fish in that body of water are included in the
1fish advisory issued under s. 281.12 (4). The sign shall describe the species and sizes
2of fish included in the fish advisory.
AB935, s. 5
3Section
5. 196.854 of the statutes is created to read:
AB935,3,8
4196.854 Assessment for mercury deposition activities. (1) The
5commission shall annually assess against the major utilities, as defined in s. 285.48
6(1) (f), the amount appropriated under s. 20.370 (2) (bh) for mercury deposition
7studies and evaluation and monitoring activities conducted by the department of
8natural resources.
AB935,3,12
9(2) The commission shall, with the cooperation of the department of natural
10resources, promulgate rules establishing a method for assessing each major utility
11an amount that is proportionate to its fraction of the total amount of mercury
12emissions from major utilities in this state.
AB935, s. 6
13Section
6. 281.12 (4) of the statutes is created to read:
AB935,3,1814
281.12
(4) The department, in consultation with the department of health and
15family services, shall annually issue an advisory describing the risks to human
16health of eating sport fish that contain mercury and that are taken from the various
17waters of this state. The advisory may also describe the risks to human health of
18eating sport fish that contain other contaminants.
AB935, s. 7
19Section
7. 285.11 (18) of the statutes is created to read:
AB935,3,2220
285.11
(18) Conduct, or contract with other persons to conduct, research on the
21effects of mercury emissions on human health and the environment and research on
22methods for reducing those emissions.
AB935, s. 8
23Section
8. Subchapter V (title) of chapter 285 [precedes 285.41] of the statutes
24is amended to read:
AB935,4,5
1SUBCHAPTER V
2
SULFUR DIOXIDE AND NITROGEN
3
OXIDE EMISSION
4
RATES AND GOALS
;
5
MERCURY EMISSION LIMITS
AB935, s. 9
6Section
9. 285.48 of the statutes is created to read:
AB935,4,8
7285.48 Mercury emission limits; major utilities. (1) Definitions. In this
8section:
AB935,4,109
(a) "Annual mercury emissions" means the number of pounds of mercury
10emissions from all boilers under the ownership or control of a person in a year.
AB935,4,1111
(c) "Boiler" means a fossil fuel-fired boiler.
AB935,4,1212
(d) "Commission" means the public service commission.
AB935,4,1513
(e) "Environmental dispatching" means the operation of the various units
14under the ownership or control of a major utility in a manner that minimizes the
15discharge of mercury emissions rather than minimizing the cost of operation.
AB935,4,2016
(f) "Major utility" means a Class A utility, as defined in s. 199.03 (4), that
17generates electricity or an electrical cooperative association organized under ch. 185,
18if the total mercury emissions from all stationary air contaminant sources in this
19state under the ownership or control of the utility or association exceeds 10 pounds
20in 1999.
AB935,4,22
21(1m) Determination of mercury emissions. The department shall establish a
22methodology for determining the annual mercury emissions of major utilities.
AB935,5,2
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).
AB935,5,63
(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).
AB935,5,107
(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).
AB935,5,15
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:
AB935,5,1616
1. The major utility's expected electricity demand.
AB935,5,1717
2. The major utility's annual operation plan.
AB935,5,1918
3. The expected operation characteristics of each boiler, including all of the
19following:
AB935,5,2020
a. The order to be used in placing the boilers into operational production.
AB935,5,2221
b. The planned maintenance schedule for each boiler and how the maintenance
22is expected to affect the methods of meeting electricity demands.
AB935,5,2523
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.
AB935,6,1
15. The anticipated mercury emissions from each boiler.
AB935,6,42
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.
AB935,6,65
7. The methods that will be used to achieve compliance with sub. (2) in the
6following year.
AB935,6,87
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.
AB935,6,119
(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.
AB935,6,18
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:
AB935,6,1919
1. A major electrical supply emergency within or outside this state.
AB935,6,2020
2. A major fuel supply disruption.
AB935,6,2321
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.
AB935,6,2524
4. The occurrence of an uncontrollable event not anticipated in the plan
25submitted under sub. (3).
AB935,7,2
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).
AB935,7,83
(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.
AB935,7,109
(c)
Grant of variance. The department shall grant a request for a variance if
10all of the following apply:
AB935,7,1111
1. The commission determines that a variance condition exists.
AB935,7,1312
2. The department determines that the major utility's compliance plan is
13adequate.
AB935,7,1514
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.
AB935,7,1716
(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.
AB935,7,2018
(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.
AB935,7,23
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.
AB935,8,2
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.
AB935,8,5
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.