LRB-0989/3
RCT:jlg:hmh
1999 - 2000 LEGISLATURE
May 25, 1999 - Introduced by Senators Burke, Clausing, Darling, Risser, Robson
and Wirch, cosponsored by Representatives Kaufert, Johnsrud, J. Lehman,
Handrick, Bock, Goetsch, Black, Gunderson, Plale, Miller, Boyle,
Hasenohrl, Gronemus, Schooff and La Fave. Referred to Committee on
Agriculture, Environmental Resources and Campaign Finance Reform.
SB177,1,7
1An Act to amend subchapter V (title) of chapter 285 [precedes 285.41]; and
to
2create 20.370 (2) (bh), 29.024 (9m), 29.409, 196.854, 281.12 (4), 285.11 (18),
3285.48, 285.483, 285.49, 285.495, 285.497 and 287.07 (8) (a) 2m. of the statutes;
4relating to: mercury emissions from certain sources, reporting mercury
5emissions, mercury in medical waste sent to incinerators, fish advisories,
6granting rule-making authority, making an appropriation and providing a
7penalty.
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 2004 a major
utility generally may not emit more than the amount of mercury that it emitted in
the year 1999. For 2005 to 2009, the limit is 85% of the amount of mercury emitted
in the year 1999, for 2010 to 2014, the limit is 70% of the amount of mercury emitted
in the year 1999 and for 2015 and thereafter, the limit is 50% of the amount of
mercury emitted in the year 1999. 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 two variances in ten years.
This bill limits the amount of mercury that may be emitted into the air by
certain incinerators and plants that use mercury to produce specified products
(chlor-alkali plants) beginning in 2001. Under the bill, in each year from 2001 to
2004 these incinerators and chlor-alkali plants generally may not emit more than
the amount of mercury that it emitted in the year 1999. For 2005 to 2009, the limit
is 85% of the amount of mercury emitted in the year 1999, for 2010 to 2014, the limit
is 70% of the amount of mercury emitted in the year 1999 and for 2015 and thereafter,
the limit is 50% of the amount of mercury emitted in the year 1999. The bill requires
DNR to promulgate rules under which it may grant a variance from the mercury
emission limits for incinerators and chlor-alkali plants.
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 allows a person to sue DNR if the person believes that DNR is not
performing an act under the mercury emission provisions created by the bill and the
act is not discretionary with DNR. The bill also allows a person to sue another person
who is alleged to be in violation of the mercury emission provisions created by the
bill unless DNR has commenced a civil or criminal action concerning the alleged
violation.
This bill requires DNR to ensure that a copy of a fish advisory is 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:
SB177, 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)
SB177, s. 2
1Section
2. 20.370 (2) (bh) of the statutes is created to read:
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20.370
(2) (bh)
Air management — mercury deposition activities. The amounts
3in the schedule for mercury deposition studies and evaluation and monitoring
4activities. All moneys received under s. 196.854 shall be credited to this
5appropriation.
SB177, s. 3
6Section
3. 29.024 (9m) of the statutes is created to read:
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29.024
(9m) Information with certain approvals. The department shall
8ensure that a copy of the fish advisory issued under s. 281.12 (4) is distributed to each
9person being issued, under this chapter, an approval that authorizes sport fishing.
SB177, s. 4
10Section
4. 29.409 of the statutes is created to read:
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1129.409 Notice of fish advisory. The department shall place a sign at each
12public boat landing on a body of water if fish in that body of water are included in the
13fish advisory issued under s. 281.12 (4). The sign shall describe the species and sizes
14of fish included in the fish advisory.
SB177, s. 5
15Section
5. 196.854 of the statutes is created to read:
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16196.854 Assessment for mercury deposition activities. (1) The
17commission shall annually assess against the major utilities, as defined in s. 285.48
18(1) (f), the amount appropriated under s. 20.370 (2) (bh) for mercury deposition
19studies and evaluation and monitoring activities conducted by the department of
20natural resources.
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21(2) The commission, in consultation with the department of natural resources,
22shall promulgate rules establishing a method for assessing each major utility an
23amount that is proportionate to its fraction of the total amount of mercury emissions
24from major utilities in this state.
SB177, s. 6
25Section
6. 281.12 (4) of the statutes is created to read:
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1281.12
(4) The department, in consultation with the department of health and
2family services, shall annually issue an advisory describing the risks to human
3health of eating sport fish that contain mercury and that are taken from the various
4waters of this state. The advisory may also describe the risks to human health of
5eating sport fish that contain other contaminants.
SB177, s. 7
6Section
7. 285.11 (18) of the statutes is created to read:
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285.11
(18) Conduct, or contract with other persons to conduct, research on the
8effects of mercury emissions on human health and the environment and research on
9methods for reducing those emissions.
SB177, s. 8
10Section
8. Subchapter V (title) of chapter 285 [precedes 285.41] of the statutes
11is amended to read:
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SUBCHAPTER V
14
SULFUR DIOXIDE AND NITROGEN
15
OXIDE EMISSION
16
RATES AND GOALS
;
17
MERCURY EMISSION LIMITS
SB177, s. 9
18Section
9. 285.48 of the statutes is created to read:
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19285.48 Mercury emission limits; major utilities. (1) Definitions. In this
20section:
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(a) "Annual mercury emissions" means the number of pounds of mercury
22emissions from all boilers under the ownership or control of a person in a year.
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(c) "Boiler" means a fossil fuel-fired boiler.
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(d) "Commission" means the public service commission.
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1(e) "Environmental dispatching" means the operation of the various units
2under the ownership or control of a major utility in a manner that minimizes the
3discharge of mercury emissions rather than minimizing the cost of operation.
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(f) "Major utility" means a Class A utility, as defined in s. 199.03 (4), that
5generates electricity or an electrical cooperative association organized under ch. 185,
6if the total mercury emissions from all stationary air contaminant sources in this
7state under the ownership or control of the utility or association exceeds 10 pounds
8in 1999.
SB177,5,10
9(1m) Determination of mercury emissions. The department shall establish a
10methodology for determining the annual mercury emissions of major utilities.
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11(2) Emission limits. (a) Except as provided under sub. (4), in 2001 to 2004, the
12annual mercury emissions of a major utility may not exceed the annual mercury
13emissions of the major utility in the year 1999, as determined by the department
14using the methodology under sub. (1m).
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(b) Except as provided under sub. (4), in 2005 to 2009, the annual mercury
16emissions of a major utility may not exceed 85% of the annual mercury emissions of
17the major utility in the year 1999, as determined by the department using the
18methodology under sub. (1m).
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(c) Except as provided under sub. (4), in 2010 to 2014, the annual mercury
20emissions of a major utility may not exceed 70% of the annual mercury emissions of
21the major utility in the year 1999, as determined by the department using the
22methodology under sub. (1m).
SB177,6,223
(d) Except as provided under sub. (4), beginning in 2015, the annual mercury
24emissions of a major utility may not exceed 50% of the annual mercury emissions of
1the major utility in the year 1999, as determined by the department using the
2methodology under sub. (1m).
SB177,6,7
3(3) Annual compliance plan required. (a)
Submission; contents. On or before
4October 1 of each year beginning with the year 2000, each major utility shall submit
5to the department and the commission a plan for achieving compliance with the
6emission limit under sub. (2). The plan shall include, at a minimum, all of the
7following:
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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
11following:
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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
14is 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
16to be used for each boiler in operational production. The mercury content shall be
17expressed in pounds of mercury per million British thermal units of heat input.
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5. The anticipated mercury emissions from each boiler.
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6. Contingency plans for unexpected events or increased demand including a
20summary of generation costs and the anticipated additional costs for reducing
21mercury emissions under those circumstances.
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7. The methods that will be used to achieve compliance with sub. (2) in the
23following year.
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8. The total anticipated annual mercury emissions from all boilers under the
25ownership or control of the major utility for each of the next 3 years.
SB177,7,3
1(b)
Review. The department shall review the adequacy of each compliance plan
2and, after consulting with the commission, shall approve or disapprove the plan
3within 90 days after its receipt.
SB177,7,10
4(4) Variance. (a)
Request; variance conditions. A major utility may request
5a variance from the emission limit under sub. (2) for a year by submitting the request
6to the commission and the department. No request for a variance may be submitted
7if the department has served the major utility with written notice under s. 285.83
8that the major utility has violated sub. (2). Upon receipt of a request, the commission
9shall, within 45 days, determine if any of the following variance conditions exists and
10shall 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
14or a boiler with low mercury emissions under the ownership or control of the major
15utility.