Amendment SSA2-SB177

SB177-SSA2,6,2 2. Each method for obtaining reductions in mercury emissions for the sources identified under subd. 1., including an analysis of the method's effectiveness, technical feasibility, cost, impact on emissions of other pollutants, unintended environmental consequences and impact on the reliability of the supply of electricity in this state or on the delivery of other goods and services.

SB177-SSA2,6,4 (c) In its comprehensive program for addressing mercury in the environment, the department shall include all of the following components:

SB177-SSA2,6,6 1. Mercury-related research funded under s. 20.370 (2) (bk) and funded from other sources.

SB177-SSA2,6,7 2. Mercury deposition studies and monitoring activities.

SB177-SSA2,6,8 3. Public information and education.

SB177-SSA2,6,9 4. Technical assistance for stationary sources that emit mercury.

SB177-SSA2,6,11 5. Methods for reducing mercury emissions, including the requirements under sub. (2) and (3) and any goals under sub. (3m).

SB177-SSA2,6,12 6. Cooperative activities under sub. (10).

SB177-SSA2,6,14 7. Activities to eliminate the use of mercury by, or reduce mercury emissions from, small sources.

SB177-SSA2,6,16 8. Activities to address problems associated with long-term storage and disposal of mercury.

SB177-SSA2,6,18 9. Activities to evaluate the effectiveness of the program for addressing mercury in the environment.

SB177-SSA2,6,19 10. Any other components identified by the department.

SB177-SSA2,6,21 (d) In its report under par. (a), the department may recommend legislation to establish additional mercury emission limits.

SB177-SSA2,7,2 (e) The department shall submit updates to the report under par. (a) to the legislature under s. 13.172 (2) and to the governor no later than May 1, 2006, and May 1, 2011, and shall include in the updates an analysis of the impacts of banking and trading authorized under sub. (4) on water quality in specific locations and the actions that the department will take to address any adverse impacts of banking and trading on water quality in specific locations.

SB177-SSA2,7,9 (1m) Determination of mercury emissions. The department shall establish a methodology for determining the annual mercury emissions of boilers and other stationary sources that emit mercury. Using this methodology, the department shall determine a baseline mercury emission level for each regulated electric utility boiler, regulated government-owned boiler, regulated nonboiler source and industrial boiler by averaging the annual mercury emissions of the boiler or the nonboiler source in 1997, 1998 and 1999.

SB177-SSA2,7,15 (2) Emission limits; electric utility and government-owned boilers. (a) New and modified boilers. 1. After the department establishes a methodology under sub. (1m), no person may construct a new regulated electric utility boiler or a new regulated government-owned boiler until the person obtains mercury emission reductions, as provided in sub. (4), equal to 150% of the annual mercury emissions from the new boiler.

SB177-SSA2,7,20 2. After the department establishes a methodology under sub. (1m), no person may modify a regulated electric utility boiler or regulated government-owned boiler until the person obtains mercury emission reductions, as provided in sub. (4), equal to 150% of the increased mercury emissions resulting from the modification of the boiler.

SB177-SSA2,7,25 (b) Existing boilers. 1. Beginning in the year after the year in which the department establishes a methodology under sub. (1m), the annual mercury emissions from a regulated electric utility boiler or regulated government-owned boiler to which par. (a) does not apply may not exceed the baseline mercury emissions of the boiler, except as provided in sub. (4) (b).

SB177-SSA2,8,5 2. Except as provided under par. (c) 4. or sub. (3c), in 2005 to 2009, the owner or operator of a regulated electric utility boiler or regulated government-owned boiler to which par. (a) 1. does not apply shall annually obtain mercury emission reductions, as provided in sub. (4), equal to 25%, or the percentage established under par. (c) 1., of the baseline mercury emissions of the boiler.

SB177-SSA2,8,10 3. Except as provided under par. (c) 4. or sub. (3c), in 2010 to 2014, the owner or operator of a regulated electric utility boiler or regulated government-owned boiler to which par. (a) 1. does not apply shall annually obtain mercury emission reductions, as provided in sub. (4), equal to 50%, or the percentage established under par. (c) 2., of the baseline mercury emissions of the boiler.

SB177-SSA2,8,15 4. Except as provided under par. (c) 4. or sub. (3c), beginning in 2015, the owner or operator of a regulated electric utility boiler or regulated government-owned boiler to which par. (a) 1. does not apply shall annually obtain mercury emission reductions, as provided in sub. (4), equal to 60%, or the percentage established under par. (c) 3., of the baseline mercury emissions of the boiler.

SB177-SSA2,8,23 (c) Modifying emission limits. 1. The department may by rule reduce the requirement in par. (b) 2. from 25% to a percentage not less than 15% if the department determines, based on the report under sub. (1e) (a), that it is not technically and economically feasible to meet the 25% requirement in the period 2005 to 2009 using the methods for obtaining emission reductions authorized under sub. (4). If the department decides to promulgate a rule under this subdivision, it shall submit the rule in proposed form to the legislative council staff under s. 227.15 (1) no later than December 31, 2001.

SB177-SSA2,9,6 2. The department may by rule reduce the requirement in par. (b) 3. from 50% to a percentage not less than 35% if the department determines, based on the report under sub. (1e) (a) and any updates to the report, that it is not technically and economically feasible to meet the 50% requirement in the period 2010 to 2014 using the methods for obtaining emission reductions authorized under sub. (4). If the department decides to promulgate a rule under this subdivision, it shall submit the rule in proposed form to the legislative council staff under s. 227.15 (1) no later than December 31, 2006.

SB177-SSA2,9,12 3. The department may by rule increase the requirement in par. (b) 4. from 60% to a percentage not greater than 90% if the department determines, based on the report under sub. (1e) (a) and any updates to the report, that it is technically and economically feasible to meet the higher requirement using the methods for obtaining emission reductions authorized under sub. (4). A rule promulgated under this subdivision may not take effect fewer than 48 months after it is promulgated.

SB177-SSA2,9,19 4. The department shall modify the amount of emission reductions that a person is required to obtain under par. (b) 2. to 4. so that the person is not required to obtain any additional emission reductions for stationary sources on a site once the mercury emissions from all stationary sources on that site, less any mercury emission reductions obtained under sub. (4) from sources that are not on that site to satisfy the requirements under par. (b) 2. to 4. that apply to sources on that site, equals 10 pounds per year.

SB177-SSA2,9,24 (3) Emission limits; nonboiler sources. (a) New and modified nonboiler sources. 1. After the department establishes a methodology under sub. (1m), no person may construct a new regulated nonboiler source until the person obtains mercury emission reductions, as provided in sub. (4), equal to 150% of the annual mercury emissions from the new nonboiler source.

SB177-SSA2,10,4 2. After the department establishes a methodology under sub. (1m), no person may modify a regulated nonboiler source until the person obtains mercury emission reductions, as provided in sub. (4), equal to 150% of the increased mercury emissions resulting from the modification of the nonboiler source.

SB177-SSA2,10,9 (b) Existing nonboiler sources. 1. Beginning in the year after the year in which the department establishes a methodology under sub. (1m), the annual mercury emissions from a regulated nonboiler source to which par. (a) does not apply may not exceed the baseline mercury emissions of the nonboiler source, except as provided in sub. (4) (b).

SB177-SSA2,10,14 2. Except as provided under par. (c) 4. or sub. (3c), in 2005 to 2009, the owner or operator of a regulated nonboiler source to which par. (a) 1. does not apply shall annually obtain mercury emission reductions, as provided in sub. (4), equal to 25%, or the percentage established under par. (c) 1., of the baseline mercury emissions of the nonboiler source.

SB177-SSA2,10,19 3. Except as provided under par. (c) 4. or sub. (3c), in 2010 to 2014, the owner or operator of a regulated nonboiler source to which par. (a) 1. does not apply shall annually obtain mercury emission reductions, as provided in sub. (4), equal to 50%, or the percentage established under par. (c) 2., of the baseline mercury emissions of the nonboiler source.

SB177-SSA2,10,24 4. Except as provided under par. (c) 4. or sub. (3c), beginning in 2015, the owner or operator of a regulated nonboiler source to which par. (a) 1. does not apply shall annually obtain mercury emission reductions, as provided in sub. (4), equal to 60%, or the percentage established under par. (c) 3., of the baseline mercury emissions of the nonboiler source.

SB177-SSA2,11,8 (c) Modifying emission limits. 1. The department may by rule reduce the requirement in par. (b) 2. from 25% to a percentage not less than 15% if the department determines, based on the report under sub. (1e) (a), that it is not technically and economically feasible to meet the 25% requirement in the period 2005 to 2009 using the methods for obtaining emission reductions authorized under sub. (4). If the department decides to promulgate a rule under this subdivision, it shall submit the rule in proposed form to the legislative council staff under s. 227.15 (1) no later than December 31, 2001.

SB177-SSA2,11,16 2. The department may by rule reduce the requirement in par. (b) 3. from 50% to a percentage not less than 35% if the department determines, based on the report under sub. (1e) (a) and any updates to the report, that it is not technically and economically feasible to meet the 50% requirement in the period 2010 to 2014 using the methods for obtaining emission reductions authorized under sub. (4). If the department decides to promulgate a rule under this subdivision, it shall submit the rule in proposed form to the legislative council staff under s. 227.15 (1) no later than December 31, 2006.

SB177-SSA2,11,22 3. The department may by rule increase the requirement in par. (b) 4. from 60% to a percentage not greater than 90% if the department determines, based on the report under sub. (1e) (a) and any updates to the report, that it is technically and economically feasible to meet the higher requirement using the methods for obtaining emission reductions authorized under sub. (4). A rule promulgated under this subdivision may not take effect fewer than 48 months after it is promulgated.

SB177-SSA2,12,4 4. The department shall modify the amount of emission reductions that a person is required to obtain under par. (b) 2. to 4. so that the person is not required to obtain any additional emission reductions for stationary sources on a site once the mercury emissions from all stationary sources on that site, less any mercury emission reductions obtained under sub. (4) from sources that are not on that site to satisfy the requirements under par. (b) 2. to 4. that apply to sources on that site, equals 10 pounds per year.

SB177-SSA2,12,9 (3c) Variance. If the department determines that compliance with a requirement under sub. (2) (b) 2. to 4. or (3) (b) 2. to 4. would cause undue or unreasonable hardship to any person, the department may issue a variance for up to 2 years from part or all of the requirement as long as a variance will not result in undue harm to human health or the environment.

SB177-SSA2,12,17 (3e) Increase in required reductions. Notwithstanding the mercury emission reductions required to be obtained under subs. (2) (b) 2. to 4. and (3) (b) 2. to 4., if the owner or operator of a stationary source subject to those requirements fails to obtain the required mercury emission reductions in a year, the department shall increase the amount of mercury emission reductions that the owner or operator must obtain under sub. (2) (b) or (3) (b) for the next year by 5 times the difference between the amount of emission reductions required and the amount of emission reductions obtained unless the owner or operator obtains a variance under sub. (3c).

SB177-SSA2,12,22 (3m) Study of emission reduction feasibility and goals; industrial boilers. (a) The department shall, in cooperation with owners of industrial boilers, study mercury emission reduction options that are technologically and economically feasible and that have been successfully employed for the purposes of mercury reduction for similarly situated industrial boilers.

SB177-SSA2,13,2 (b) For each mercury reduction option that is determined to be technologically and economically feasible under par. (a), the department shall estimate the potential environmental benefit to fish and aquatic resources in this state from implementation of the option.

SB177-SSA2,13,7 (c) If technologically and economically feasible mercury reduction options are available for industrial boilers that would result in significant environmental benefits to fish and aquatic resources in this state, the department shall, in cooperation with owners and operators, establish mercury emission reduction goals and timetables for industrial boilers.

SB177-SSA2,13,10 (4) Compliance. (a) A person who owns a stationary source that is subject to sub. (2) (a) or (3) (a) may obtain the required emission reductions by one or more of the following methods:

SB177-SSA2,13,13 1. Reducing the annual mercury emissions from another stationary source owned by the person if the reduction is permanent and enforceable and is not otherwise required by this section or other state or federal law.

SB177-SSA2,13,17 2. Entering into an agreement under which another person reduces the annual mercury emissions from a stationary source owned by the other person if the reduction is permanent and enforceable and is not otherwise required by this section or other state or federal law.

SB177-SSA2,13,23 (b) A person who owns a stationary source that is subject to sub. (2) (b) 1. or (3) (b) 1. may only increase the annual mercury emissions in a year above the baseline mercury emissions for that stationary source if the person reduces mercury emissions in that year from another stationary source on the same site by the amount of the increase and if the emission reduction is not otherwise required by this section or other state or federal law.

SB177-SSA2,14,3 (c) Except as provided in par. (d) or (e), a person who owns a stationary source that is subject to sub. (2) (b) 2. to 4. or (3) (b) 2. to 4. may obtain the required emission reductions by one or more of the following methods:

SB177-SSA2,14,5 1. Reducing mercury emissions from that stationary source or another stationary source on the same site.

SB177-SSA2,14,6 2. Using banked or traded allowances as provided under sub. (5).

SB177-SSA2,14,7 3. Using small source mercury reduction allowances as provided under sub. (6).

SB177-SSA2,14,12 (d) 1. A person who owns or operates a stationary source that is regulated under sub. (2) (b) 2. to 4. may not obtain more than 50% of the required emission reductions for that stationary source by using allowances from a stationary source that is regulated under sub. (3), by using small source mercury reduction allowances or by using a combination of those methods.

SB177-SSA2,14,17 2. A person who owns or operates a stationary source that is regulated under sub. (3) (b) 2. to 4. may not obtain more than 50% of the required emission reductions for that stationary source by using allowances from a stationary source that is regulated under sub. (2), by using small source mercury reduction allowances or by using a combination of those methods.

SB177-SSA2,14,21 (e) 1. In 2005 to 2009, a person who owns a stationary source that is regulated under sub. (2) (b) 2. to 4. or (3) (b) 2. to 4. may not obtain more than 25% of the required emission reductions for that stationary source by using small source mercury reduction allowances.

SB177-SSA2,14,25 2. In 2010 to 2014, a person who owns a stationary source that is regulated under sub. (2) (b) 2. to 4. or (3) (b) 2. to 4. may not obtain more than 15% of the required emission reductions for that stationary source in 2010 to 2014 by using small source mercury reduction allowances.

SB177-SSA2,15,4 3. After 2014, a person who owns a stationary source that is regulated under sub. (2) (b) 2. to 4. or (3) (b) 2. to 4. may not obtain any of the required emission reductions for that stationary source by using small source mercury reduction allowances.

SB177-SSA2,15,11 (5) Emission allowance system; banking and trading emission allowances. (a) Allowances. The department shall promulgate rules for a mercury emission allowance system that assigns allowances to each stationary source that is subject to sub. (2) (b) or (3) (b). Under the system, the department shall notify the owner or operator of a stationary source of the number of allowances for that stationary source for up to 5 years in advance, based on the requirements of sub. (2) (b) or (3) (b) and of sub. (3e).

SB177-SSA2,15,20 (b) Emission allowance banking and trading. The department shall promulgate rules for quantifying and certifying reductions in mercury emissions from stationary sources that are subject to sub. (2) or (3) and for a system for banking and trading allowances. The department may allow owners and operators who reduce mercury emissions from industrial boilers to obtain allowances that may be banked and traded for, if the reductions are quantifiable, permanent and enforceable. The department may not allow the banking or trading of reductions in mercury emissions if those reductions are required by federal law or by state law other than this section.

SB177-SSA2,15,22 (6) Small source mercury reduction allowances. (a) A person may obtain small source mercury reduction allowances in any of the following ways:

SB177-SSA2,15,24 1. Conducting a small source mercury reduction project that is approved by the department.

SB177-SSA2,16,2 2. Entering into an agreement under which another person conducts a small source mercury reduction project that is approved by the department.

SB177-SSA2,16,4 3. Providing funds to the department for conducting a small source mercury reduction project.

SB177-SSA2,16,9 (b) The department shall issue small source mercury reduction allowances to a person under this subsection in amounts equal to the amounts of reductions in emissions of mercury that are reasonably likely to occur because of the small source mercury reduction project undertaken or sponsored by the person, as determined based on the rules promulgated under par. (c).

SB177-SSA2,16,14 (c) The department shall promulgate rules for issuing small source mercury reduction allowances. In the rules, the department shall include criteria for determining the amounts of reductions in emissions of mercury that are reasonably likely to occur because of a small source mercury reduction project, including all of the following:

SB177-SSA2,16,18 1. The ability of the department to determine the actual amounts of reductions in emissions of mercury resulting from a small source mercury reduction project, taking into consideration any proposed measurement, monitoring and evaluation of the project.

SB177-SSA2,16,20 2. The degree of certainty that the predicted amounts of reductions in emissions of mercury will result from the small source mercury reduction project.

SB177-SSA2,16,22 3. The extent to which the reductions in emissions of mercury would occur in the absence of the small source mercury reduction project.

SB177-SSA2,16,24 4. The period during which the reductions in emissions of mercury resulting from the small source mercury reduction project will continue.

SB177-SSA2,17,5 (7) Storage or disposal. A person who is required to comply with sub. (2) or (3), who seeks to obtain an allowance under sub. (5) or who conducts a small source mercury reduction project under sub. (6) shall demonstrate to the department that mercury obtained in the course of taking those actions and disposed of or placed in storage will not be emitted into the atmosphere through reuse or recycling.

SB177-SSA2,17,8 (8) Council. The mercury control council shall advise the department on the implementation and operation of the department's mercury control program under this section, including research under s. 285.11 (19).

SB177-SSA2,17,11 (9) No impact on other provisions. Nothing in this section exempts a person from any provision of ss. 285.01 to 285.39 or 285.51 to 285.87. Compliance with this section is not a defense to a violation of any of those provisions.

SB177-SSA2,17,14 (10) Cooperation. The department shall work with organizations, other states, the federal environmental protection agency and this state's congressional delegation to establish all of the following:

SB177-SSA2,17,16 (a) Nationwide regulations of mercury emissions at least as stringent as those in this section.

SB177-SSA2,17,17 (b) A nationwide ban on the reuse or recycling of mercury.

SB177-SSA2,17,18 (c) A ban on the export of mercury.

SB177-SSA2,17,20 (d) International regulations of mercury emissions at least as stringent as those in this section.

SB177-SSA2,17,21 (End)