NR 409.07(2)(a)(a) Except as provided in
40 CFR 72.23, no objection or other communication submitted to the administrator or the department concerning the authorization, or any submission, action or inaction, of the designated representative shall affect any submission, action or inaction of the designated representative, or the finality of any decision by the department, under the acid rain program. In the event of a communication, the department is not required to stay any submission or the effect of any action or inaction under the acid rain program.
NR 409.07(2)(b)
(b) The department may not adjudicate any private legal dispute concerning the authorization or any submission, action or inaction of any designated representative, including private legal disputes concerning the proceeds of allowance transfers.
NR 409.07 History
History: Cr.
Register, April, 1995, No. 472, eff. 5-1-95.
NR 409.08
NR 409.08 Application for the acid rain portion of an operation permit. NR 409.08(1)(a)1.1. The designated representative of any source with an affected unit shall submit a complete acid rain portion of an operation permit application by the applicable deadline in
pars. (b) and
(c), and the owners and operators of the source and any affected unit at the source may not operate the source or unit without a permit or permit application meeting the requirements of
sub. (3) that states its acid rain program requirements.
NR 409.08(1)(a)2.
2. The designated representative of any source with an affected unit subject to
s. NR 409.065 shall submit, by the applicable deadline under
par. (c) 2., a complete acid rain portion of an operation permit application or, if the unit is covered by an acid rain portion of an operation permit, a complete permit revision that includes a complete compliance plan for NO
x emissions covering the unit.
NR 409.08 Note
Note: Application forms may be obtained from the regional and area offices of the department or from the Wisconsin Department of Natural Resources, Bureau of Air Management, PO Box 7921, Madison WI 53707-7921, Attention: Operation permits.
NR 409.08(1)(b)1.1. For any source with an existing unit described under
s. NR 409.01 (1) (a) 2., the designated representative shall submit a complete acid rain portion of an operation permit application governing the unit to the department on or before January 1, 1996.
NR 409.08(1)(b)2.
2. For any source with a new unit described under
s. NR 409.01 (1) (a) 3. a., the designated representative shall submit a complete acid rain portion of an operation permit application governing the unit to the department at least 24 months before the later of January 1, 2000 or the date on which the unit commences operation.
NR 409.08(1)(b)3.
3. For any source with a unit described under
s. NR 409.01 (1) (a) 3. b., the designated representative shall submit a complete acid rain portion of an operation permit application governing the unit to the department at least 24 months before the later of January 1, 2000 or the date on which the unit begins to serve a generator with a nameplate capacity greater than 25 MWe.
NR 409.08(1)(b)4.
4. For any source with a unit described under
s. NR 409.01 (1) (a) 3. c., the designated representative shall submit a complete acid rain portion of an operation permit application governing the unit to the department at least 24 months before the later of January 1, 2000 or the date on which the auxiliary firing commences operation.
NR 409.08(1)(b)5.
5. For any source with a unit described under
s. NR 409.01 (1) (a) 3. d., the designated representative shall submit a complete acid rain portion of an operation permit application governing the unit to the department before the later of January 1, 1998 or March 1 of the year following the 3 calendar year periods in which the unit sold to a utility power distribution system an annual average of more than one-third of its potential electrical output capacity and more than 219,000 MWe-hrs actual electric output, on a gross basis.
NR 409.08(1)(b)6.
6. For any source with a unit described under
s. NR 409.01 (1) (a) 3. e., the designated representative shall submit a complete acid rain portion of an operation permit application governing the unit to the department before the later of January 1, 1998 or March 1 of the year following the calendar year in which the facility fails to meet the definition of qualifying facility.
NR 409.08(1)(b)7.
7. For any source with a unit described under
s. NR 409.01 (1) (a) 3. f., the designated representative shall submit a complete acid rain portion of an operation permit application governing the unit to the department before the later of January 1, 1998 or March 1 of the year following the calendar year in which the facility fails to meet the definition of an independent power production facility.
NR 409.08(1)(b)8.
8. For any source with a unit described under
s. NR 409.01 (1) (a) 3. g., the designated representative shall submit a complete acid rain portion of an operation permit application governing the unit to the department before the later of January 1, 1998 or March 1 of the year following the 3 calendar year periods in which the incinerator consumed 20% or more fossil fuel, on a Btu basis.
NR 409.08 Note
Note: Early election units were required to submit an application to U.S. EPA not later than January 1, 1997. For a Phase I or Phase II unit with a Group 1 or Group 2 boiler, the designated representative was required to submit a complete permit application and compliance plan for NO
x emissions covering the unit in Phase II to the department and U.S. EPA not later than January 1, 1998.
NR 409.08(1)(c)1.1. The designated representative shall submit a complete acid rain portion of an operation permit application for each source with an affected unit at least 6 months before the permit expires.
NR 409.08(1)(c)2.
2. The designated representative of any source with an affected unit subject to
s. NR 409.065 shall submit a complete acid rain portion of an operation permit application, including a complete compliance plan for NO
x emissions covering the unit, in accordance with
par. (d) and with the deadlines in
subd. 1.
NR 409.08(1)(d)1.1. The original and 3 copies of all permit applications shall be submitted to the department.
NR 409.08(1)(d)2.
2. The original and 3 copies of the compliance plan for NO
x emissions for Phase II shall be submitted to the department, and one copy of the compliance plan for NO
x emissions submitted to U.S. EPA headquarters, acid rain division.
NR 409.08(1)(e)
(e) Multiple applications. Where 2 or more affected units are located at a source, the department may allow the designated representative of the source to submit, under
par. (a) or
(c), 2 or more acid rain portions of operation permit applications covering the units at the source, provided that each affected unit is covered by one and only one application.
NR 409.08 Note
Note: Application forms may be obtained from the regional offices of the department or from the Wisconsin Department of Natural Resources, Bureau of Air Management, PO Box 7921, Madison WI 53707-7921, Attention: Operation permits.
NR 409.08(2)
(2) Information requirements for the acid rain portion of operation permit applications. A complete acid rain portion of an operation permit application shall be submitted on a form approved by the department and shall include the following elements:
NR 409.08(2)(a)
(a) Identification of the affected source for which the acid rain portion of the permit application is submitted.
NR 409.08(2)(b)
(b) Identification of each affected unit, except for an opt-in unit, at the source for which the acid rain portion of the permit application is submitted.
NR 409.08(2)(e)
(e) If the unit is a new unit, the date that the unit has commenced or shall commence operation and the deadline for monitor certification under
40 CFR part 75.
NR 409.08(2)(f)3.
3. Identification of the compliance option proposed for each unit, including meeting the applicable emissions limitation under
s. NR 409.065 (2),
(3) or
(4),
(5) (early election), (6) (alternative emission limitation), or (7) (NO
x emissions averaging), and any additional information required for the appropriate option in accordance with
s. NR 409.065.
NR 409.08(3)
(3) Permit application shield and binding effect of permit application. NR 409.08(3)(a)1.1. Once a designated representative submits a timely and complete acid rain portion of an operation permit application, the owners and operators of the affected source and the affected units covered by the permit application shall be deemed in compliance with the requirement to have an acid rain portion of an operation permit under
ss. NR 409.06 (1) (b) and
409.08 (1) (a).
NR 409.08(3)(a)2.
2. After an application for an operation permit has been initially deemed complete, the department may require additional information, including other information than that requested on the application forms, as needed to process the application. The department shall specify, in writing, a reasonable time period, of not less than 30 days, for the applicant to submit the requested information. The applicant may request and the department may grant a reasonable extension of the time period to submit the requested information. If the applicant does not supply the information requested by the date specified, the authorization for an existing source to operate under s.
285.62 (8), Stats., no longer applies to the source.
NR 409.08(3)(b)
(b) Prior to the date on which an acid rain portion of a permit is issued or denied, an affected unit governed by and operated in accordance with the terms and requirements of a timely and complete acid rain portion of an operation permit application shall be deemed to be operating in compliance with the acid rain program.
NR 409.08(3)(c)
(c) A complete acid rain portion of an operation permit application shall be binding on the owners and operators and the designated representative of the affected source and the affected units covered by the permit application and shall be enforceable as an acid rain portion of an operation permit from the date of submission of the permit application until the issuance or denial of the acid rain portion of an operation permit covering the units.
NR 409.08(4)
(4) Relationship to ch. nr 407 operation permit program. NR 409.08(4)(a)(a) The department shall act in accordance with this chapter and
chs. NR 406 and
407 for the purpose of incorporating acid rain program requirements into each affected source's operation permit or for issuing written exemptions under
ss. NR 409.04,
409.05 and
409.055. To the extent that any requirements of this chapter are inconsistent with the requirements of
ch. NR 406 or
407, this chapter shall take precedence and shall govern the issuance, denial, revision, reopening, renewal and appeal of the acid rain portion of an operation permit. For purposes of applying this subsection, the provisions of this chapter and of
chs. NR 406 and
407 applicable to acid rain portions of operation permit applications and acid rain portions of operation permits shall also apply to petitions for exemption for new units, retired units or non-cogeneration industrial utility units to the extent consistent with
ss. NR 409.04,
409.05 and
409.055.
NR 409.08 History
History: Cr.
Register, April, 1995, No. 472, eff. 5-1-95; renum. (1) (a) to be (1) (a) 1., (1) (c) to be (1) (c) 1. and (1) (d) to be (1) (d) 1., cr. (1) (a) 2., (c) 2., (d) 2., (e) and (f) and am. (2) (b), (3) (b), (c) and (4) (a),
Register, November, 1999, No. 527, eff. 12-1-99;
CR 09-020: am. (1) (c) 1. Register January 2010 No. 649, eff. 2-1-10.
NR 409.09
NR 409.09 Acid rain compliance plan and compliance options. NR 409.09(1)(a)1.1. For each affected unit included in the acid rain portion of an operation permit application, a complete compliance plan shall include, for sulfur dioxide emissions, a certification that, as of the allowance transfer deadline, the designated representative shall hold allowances in the unit's compliance subaccount, after deductions under
40 CFR 73.34 (c), not less than the total annual emissions of sulfur dioxide from the unit. The compliance plan may also specify, in accordance with this section, one or more of the acid rain compliance options.
NR 409.09(1)(a)2.
2. A complete compliance plan for NO
x shall, for each affected unit included in the permit application and subject to
s. NR 409.065, either certify that the unit will comply with the applicable emissions limitation under
s. NR 409.065 (2),
(3) or
(4) or specify one or more other acid rain compliance options for NO
x in accordance with the requirements of
s. NR 409.065.
NR 409.09(1)(b)
(b) Multi-unit compliance plan option. The compliance plan may include a multi-unit compliance option under
sub. (2) or, for nitrogen oxides, under section 407 of the act (
42 USC 7651f) or
s. NR 409.065 (7).
NR 409.09(1)(b)1.
1. A plan for a compliance option that includes units at more than one affected source shall be complete only if:
NR 409.09(1)(b)1.a.
a. The plan is signed and certified by the designated representative for each source with an affected unit governed by the plan; and
NR 409.09(1)(b)1.b.
b. A complete permit application is submitted covering each unit governed by the plan.
NR 409.09(1)(b)2.
2. The department's approval of a plan under
subd. 1. that includes units in more than one state shall be final only after every permitting authority with jurisdiction over any unit has approved the plan with the same modifications or conditions, if any.
NR 409.09(1)(c)
(c) Conditional approval. In the compliance plan, the designated representative of an affected unit may propose, in accordance with this section, any acid rain compliance option for conditional approval; provided that an acid rain compliance option under section 407 of the act (
42 USC 7651f) may be conditionally proposed only to the extent provided in
s. NR 409.065.
NR 409.09(1)(c)1.
1. To activate a conditionally-approved acid rain compliance option, the designated representative shall notify the department in writing that the conditionally-approved compliance option shall actually be pursued beginning January 1 of a specified year. Notification shall be subject to the limitations on activation under
sub. (2) and
s. NR 409.065. If the conditionally-approved compliance option includes a plan described in
par. (b) 1., the designated representative of each source governed by the plan shall sign and certify the notification.
NR 409.09(1)(c)2.
2. The notification under
subd. 1. shall specify the first calendar year and the last calendar year for which the conditionally-approved acid rain compliance option is to be activated. A conditionally-approved compliance option shall be activated, if at all, before the date of any enforceable milestone applicable to the compliance option. The date of activation of the compliance option is not a defense against failure to meet the requirements applicable to that compliance option during each calendar year for which the compliance option is activated.
NR 409.09(1)(c)3.
3. Upon submission of a notification meeting the requirements of
subds. 1. and
2., the conditionally-approved acid rain compliance option becomes binding on the owners and operators and the designated representative of any unit governed by the conditionally-approved compliance option.
NR 409.09(1)(d)1.1. The designated representative for a unit may terminate an acid rain compliance option by notifying the department in writing that an approved compliance option shall be terminated beginning January 1 of a specified year. Notification shall be subject to the limitations on termination under
sub. (2) and
s. NR 409.065. If the compliance option includes a plan described in
par. (b) 1., the designated representative for each source governed by the plan shall sign and certify the notification.
NR 409.09(1)(d)2.
2. The notification under
subd. 1. shall specify the calendar year for which the termination shall take effect.
NR 409.09(1)(d)3.
3. Upon submission of a notification meeting the requirements of
subds. 1. and
2., the termination becomes binding on the owners and operators and the designated representative of any unit governed by the acid rain compliance option to be terminated.
NR 409.09(2)(a)1.a.
a. Any existing affected unit that is a coal-fired unit and has a 1985 actual SO
2 emissions rate equal to or greater than 1.2 lbs/mmBtu.
NR 409.09(2)(a)1.c.
c. Any oil or gas-fired unit that has been awarded clean coal technology demonstration funding as of January 1, 1991 by the secretary of energy.
NR 409.09(2)(a)2.
2. A repowering extension does not exempt the owner or operator for any unit governed by the repowering plan from the requirement to comply with the unit's acid rain emissions limitations for sulfur dioxide.
NR 409.09(2)(b)
(b) Repowering extension plan. The designated representative of any unit meeting the requirements of
par. (a) 1. a. may include in the unit's acid rain portion of an operation permit application a repowering extension plan that includes a demonstration that:
NR 409.09(2)(b)1.
1. The unit shall be repowered with a qualifying repowering technology in order to comply with the emissions limitations for sulfur dioxide; or
NR 409.09(2)(b)2.
2. The unit shall be replaced by a new utility unit that has the same designated representative and that is located at a different site using a qualified repowering technology and the existing unit shall be permanently retired from service on or before the date on which the new utility unit commences commercial operation.
NR 409.09(2)(c)
(c) Submittal dates. In order to apply for a repowering extension, the designated representative of a unit under
par. (a) shall:
NR 409.09(2)(c)1.
1. Submit to the department, by January 1, 1996, a complete repowering extension plan;
NR 409.09(2)(c)2.
2. Submit to the administrator before June 1, 1997, a complete petition for approval of repowering technology in accordance with
40 CFR 72.44 (d) and submit a copy to the department; and
NR 409.09(2)(c)3.
3. If the repowering extension plan is submitted for conditional approval, submit to the department by December 31, 1997, a notification to activate the plan in accordance with
sub. (1) (c).
NR 409.09(2)(d)
(d) Contents of repowering extension plan. A complete repowering extension plan shall be sent to the department and include the following elements:
NR 409.09(2)(d)2.
2. The unit's federally-approved state implementation plan sulfur dioxide emissions limitation.
NR 409.09(2)(d)3.
3. The unit's 1995 actual SO
2 emissions rate or best estimate of the actual emissions rate; provided that the actual emissions rate is submitted to the department by January 30, 1996.
NR 409.09(2)(d)4.
4. A schedule for construction, installation and commencement of operation of the repowering technology approved or submitted for approval to the administrator under
40 CFR 72.44 (d) with dates for the following milestones:
NR 409.09(2)(d)4.b.
b. For a plan under
par. (b) 1., removal of the existing unit from operation to install the qualified repowering technology.
