SB177: Bill Text

SB177, s. 9 Section 9. 285.48 of the statutes is created to read:

SB177,4,20 285.48 Mercury emission limits; major utilities. (1) Definitions. In this section:

SB177,4,22 (a) "Annual mercury emissions" means the number of pounds of mercury emissions from all boilers under the ownership or control of a person in a year.

SB177,4,23 (c) "Boiler" means a fossil fuel-fired boiler.

SB177,4,24 (d) "Commission" means the public service commission.

SB177,5,3 (e) "Environmental dispatching" means the operation of the various units under the ownership or control of a major utility in a manner that minimizes the discharge of mercury emissions rather than minimizing the cost of operation.

SB177,5,8 (f) "Major utility" means a Class A utility, as defined in s. 199.03 (4), that generates electricity or an electrical cooperative association organized under ch. 185, if the total mercury emissions from all stationary air contaminant sources in this state under the ownership or control of the utility or association exceeds 10 pounds in 1999.

SB177,5,10 (1m) Determination of mercury emissions. The department shall establish a methodology for determining the annual mercury emissions of major utilities.

SB177,5,14 (2) Emission limits. (a) Except as provided under sub. (4), in 2001 to 2004, the annual mercury emissions of a major utility may not exceed the annual mercury emissions of the major utility in the year 1999, as determined by the department using the methodology under sub. (1m).

SB177,5,18 (b) Except as provided under sub. (4), in 2005 to 2009, the annual mercury emissions of a major utility may not exceed 85% of the annual mercury emissions of the major utility in the year 1999, as determined by the department using the methodology under sub. (1m).

SB177,5,22 (c) Except as provided under sub. (4), in 2010 to 2014, the annual mercury emissions of a major utility may not exceed 70% of the annual mercury emissions of the major utility in the year 1999, as determined by the department using the methodology under sub. (1m).

SB177,6,2 (d) Except as provided under sub. (4), beginning in 2015, the annual mercury emissions of a major utility may not exceed 50% of the annual mercury emissions of the major utility in the year 1999, as determined by the department using the methodology under sub. (1m).

SB177,6,7 (3) Annual compliance plan required. (a) Submission; contents. On or before October 1 of each year beginning with the year 2000, each major utility shall submit to the department and the commission a plan for achieving compliance with the emission limit under sub. (2). The plan shall include, at a minimum, all of the following:

SB177,6,8 1. The major utility's expected electricity demand.

SB177,6,9 2. The major utility's annual operation plan.

SB177,6,11 3. The expected operation characteristics of each boiler, including all of the following:

SB177,6,12 a. The order to be used in placing the boilers into operational production.

SB177,6,14 b. The planned maintenance schedule for each boiler and how the maintenance is expected to affect the methods of meeting electricity demands.

SB177,6,17 4. The amount and mercury content of coal, other fossil fuel or other materials to be used for each boiler in operational production. The mercury content shall be expressed in pounds of mercury per million British thermal units of heat input.

SB177,6,18 5. The anticipated mercury emissions from each boiler.

SB177,6,21 6. Contingency plans for unexpected events or increased demand including a summary of generation costs and the anticipated additional costs for reducing mercury emissions under those circumstances.

SB177,6,23 7. The methods that will be used to achieve compliance with sub. (2) in the following year.

SB177,6,25 8. The total anticipated annual mercury emissions from all boilers under the ownership or control of the major utility for each of the next 3 years.

SB177,7,3 (b) Review. The department shall review the adequacy of each compliance plan and, after consulting with the commission, shall approve or disapprove the plan within 90 days after its receipt.

SB177,7,10 (4) Variance. (a) Request; variance conditions. A major utility may request a variance from the emission limit under sub. (2) for a year by submitting the request to the commission and the department. No request for a variance may be submitted if the department has served the major utility with written notice under s. 285.83 that the major utility has violated sub. (2). Upon receipt of a request, the commission shall, within 45 days, determine if any of the following variance conditions exists and shall report its determination to the department:

SB177,7,11 1. A major electrical supply emergency within or outside this state.

SB177,7,12 2. A major fuel supply disruption.

SB177,7,15 3. An extended and unplanned disruption in the operation of a nuclear plant or a boiler with low mercury emissions under the ownership or control of the major utility.

SB177,7,17 4. The occurrence of an uncontrollable event not anticipated in the plan submitted under sub. (3).

SB177,7,19 5. A plan by the major utility to install and place into operation new technological devices that will enable it to achieve compliance with sub. (2).

SB177,7,25 (b) Compliance plan required. With the request for a variance, the major utility shall submit its plan for achieving compliance with the emission limit. If the request is based on a variance condition specified under par. (a) 1. to 4., the request shall include an explanation of why the major utility cannot achieve or remain in compliance by using fuel with a lower mercury content or by environmental dispatching.

SB177,8,2 (c) Grant of variance. The department shall grant a request for a variance if all of the following apply:

SB177,8,3 1. The commission determines that a variance condition exists.

SB177,8,5 2. The department determines that the major utility's compliance plan under par. (b) is adequate.

SB177,8,7 3. The major utility has not received more than one variance in the 9 years preceding the year for which the major utility requests the variance.

SB177,8,9 (d) Denial of variance. The department shall deny a request for a variance if the conditions in par. (c) 1. to 3. do not all apply.

SB177,8,12 (e) Time limit for response. The department shall grant or deny a request for a variance within 90 days after its receipt of the request or the request is considered to be denied.

SB177,8,15 (5) No impact on other provisions. Nothing in this section exempts a major utility 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.

SB177,8,19 (6) Determination of compliance. The department shall determine compliance with sub. (2) using data submitted by the major utilities. Each major utility shall provide the department with any information needed to determine compliance.

SB177,8,22 (7) Penalty. Notwithstanding s. 285.87, any major utility that exceeds the annual emission limit under sub. (2) in violation of this section shall forfeit not less than $100,000 nor more than $500,000 for each year of violation.

SB177, s. 10 Section 10. 285.483 of the statutes is created to read:

SB177,8,25 285.483 Mercury emission limits; incinerators and chlor-alkali plants. (1) Definitions. In this section:

SB177,9,2 (a) "Annual mercury emissions" means the number of pounds of mercury emissions from a source.

SB177,9,5 (b) "Chlor-alkali plant" means a plant that uses mercury to produce chlorine gas, hydrogen gas, sodium hydroxide or alkali metal hydroxide and that has annual mercury emissions that exceed 10 pounds in 1999.

SB177,9,9 (c) "Solid waste incinerator" means a device that maintains a controlled process by which solid waste is thermally altered into gases and residue containing little or no combustible material and that has annual mercury emissions that exceed 10 pounds in 1999.

SB177,9,12 (2) Determination of mercury emissions. The department shall establish a methodology for determining the annual mercury emissions of solid waste incinerators and chlor-alkali plants.

SB177,9,17 (3) Emission limits. (a) Except as provided in rules promulgated under sub. (4), in 2001 to 2004, the annual mercury emissions from a solid waste incinerator or chlor-alkali plant may not exceed the annual mercury emissions from the solid waste incinerator or chlor-alkali plant in the year 1999, as determined by the department using the methodology under sub. (2).

SB177,9,22 (b) Except as provided in rules promulgated under sub. (4), in 2005 to 2009, the annual mercury emissions from a solid waste incinerator or chlor-alkali plant may not exceed 85% of the annual mercury emissions from the solid waste incinerator or chlor-alkali plant in the year 1999, as determined by the department using the methodology under sub. (2).

SB177,9,25 (c) Except as provided in rules promulgated under sub. (4), in 2010 to 2014, the annual mercury emissions from a solid waste incinerator or chlor-alkali plant may not exceed 70% of the annual mercury emissions from the solid waste incinerator or chlor-alkali plant in the year 1999, as determined by the department using the methodology under sub. (2).

SB177,10,7 (d) Except as provided under sub. (4), beginning in 2015, the annual mercury emissions from a solid waste incinerator or chlor-alkali plant may not exceed 50% of the annual mercury emissions from the solid waste incinerator or chlor-alkali plant in the year 1999, as determined by the department using the methodology under sub. (2).

SB177,10,12 (4) Rule making. The department shall promulgate rules for the submission of annual compliance plans by persons operating sources subject to sub. (3), for review and approval or disapproval of compliance plans, for granting variances from emission limits under sub. (3) and for reporting by persons operating sources subject to sub. (3).

SB177,10,15 (5) 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.

SB177,10,19 (6) Determination of compliance. The department shall determine compliance with sub. (3) using data submitted by persons operating sources subject to sub. (3). Each person operating a source subject to sub. (3) shall provide the department with any information needed to determine compliance.

SB177,10,23 (7) Penalty. Notwithstanding s. 285.87, any person operating a source subject to sub. (3) that exceeds the annual emission limit under sub. (3) in violation of this section shall forfeit not less than $100,000 nor more than $500,000 for each year of violation.

SB177, s. 11 Section 11. 285.49 of the statutes is created to read:

SB177,11,5 285.49 Mercury emission reporting; generators of electricity. (1) Requirement. Except as provided in sub. (3), each person who generates electricity in this state shall provide to the department by April 1, annually, a report of the amount of mercury emitted in generating electricity by the person in the previous calendar year.

SB177,11,6 (2) Content of report. A report under sub. (1) shall include all of the following:

SB177,11,8 (a) A list of all generation facilities owned or operated by the person required to report under sub. (1).

SB177,11,10 (b) Information about the amount of electricity purchased by the person required to report under sub. (1) for use in this state.

SB177,11,12 (c) All of the following information about each generation facility in this state owned or operated by the person required to report under sub. (1):

SB177,11,13 1. The amount of electricity generated at the facility.

SB177,11,14 2. The amount of fuel used to generate electricity at the facility.

SB177,11,17 3. The amount of mercury emitted in generating that electricity, determined using emission factors, stack tests, fuel analysis or other methods approved by the department.

SB177,11,19 4. The mercury content of the fuel used to generate electricity if that content is determined in conjunction with a stack test.

SB177,11,21 (3) Exceptions. A person is not required to report under sub. (1) for any of the following:

SB177,11,22 (a) A generation unit that is operated fewer than 240 hours per year.

SB177,11,24 (b) A generation unit with a fuel capacity input of less than 150,000,000 British thermal units per hour.

SB177,11,25 (c) A generation unit with a maximum output of 15 megawatts or less.

SB177,12,1 (d) A generation unit with annual mercury emissions of 3 pounds or less.

SB177,12,4 (4) Report by department. By January 1, 2000, and biennially thereafter, the department shall prepare and make available to the public, a report on the amount of mercury emitted in the generation of electricity in this state.

SB177, s. 12 Section 12. 285.495 of the statutes is created to read:

SB177,12,8 285.495 Mercury emission goal; report. (1) Goal. It is the goal of this state that in 2010 total annual mercury emissions in this state do not exceed 50% of the total annual mercury emissions in this state in the year 2000.

SB177,12,17 (2) Excess mercury emissions; department report required. (a) If the department determines in 2011 that total annual mercury emissions in this state in 2010 exceeded 50% of the total annual mercury emissions in this state in the year 2000, the department shall, after consulting with the public service commission, prepare a report containing recommendations for methods to reduce mercury emissions. The department shall hold a public hearing on the report. In preparing the report, the department shall consider methods to reduce mercury emissions from various sources, including sources that emit 10 pounds or more of mercury per year and that are any of the following:

SB177,12,18 1. Major utilities, as defined in s. 285.48 (1) (f).

SB177,12,19 2. Coal-fired or oil-fired commercial or industrial boilers.

SB177,12,20 3. Solid waste incinerators, as defined in s. 285.483 (1) (c).

SB177,12,21 4. Chlor-alkali plants as defined in s. 285.483 (1) (b).

SB177,12,24 (b) If the department is required to prepare a report under par. (a), the department shall submit the report to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under s. 13.172 (3).

SB177, s. 13 Section 13. 285.497 of the statutes is created to read:

SB177,13,2 285.497 Citizen suits; mercury emissions. (1) Except as provided in sub. (2), any person may commence a civil action on his or her own behalf:

SB177,13,4 (a) Against any person who is alleged to be in violation of s. 285.48, 285.483 or 285.49.

SB177,13,7 (b) Against the department if there is alleged to be a failure of the department to perform any act or duty under ss. 285.48, 285.483 to 285.495 that is not discretionary with the department.

SB177,13,12 (2) (a) No action may be commenced under sub. (1) (a) prior to 30 days after the plaintiff has given notice of the alleged violation to the department and to the alleged violator or if the department has commenced and is diligently prosecuting a civil or criminal action concerning the alleged violation, but in any such action any person may intervene as a matter of right.

SB177,13,14 (b) No action may be commenced under sub. (1) (b) prior to 30 days after the plaintiff has given notice of such action to the department.

SB177,13,22 (3) The court, in issuing any final order in any action brought under this section, shall award costs of litigation including reasonable attorney and expert witness fees to the plaintiff if he or she prevails, and the court may do so if it determines that the outcome of the controversy is consistent with the relief sought by the plaintiff irrespective of the formal disposition of the civil action. In addition, the court shall award treble damages to any plaintiff proving damages caused by a person mining without a permit or wilfully violating this chapter or any permits or orders issued under this chapter.

SB177,13,24 (4) Nothing in this section restricts any right which any person or class of persons may have under any other statute or common law.

SB177, s. 14 Section 14. 287.07 (8) (a) 2m. of the statutes is created to read:

SB177,14,2 287.07 (8) (a) 2m. Measures to reduce the amount of mercury in medical waste that is sent to a medical waste incinerator.

SB177,14,3 (End)