Amendment SSA1-SB177

SB177-SSA1,9,18 (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-SSA1,9,21 (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-SSA1,9,23 1. Reducing mercury emissions from that stationary source or another stationary source on the same site.

SB177-SSA1,9,24 2. Using banked or traded allowances as provided under sub. (5).

SB177-SSA1,9,25 3. Using small source mercury reduction allowances as provided under sub. (6).

SB177-SSA1,10,5 (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-SSA1,10,10 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-SSA1,10,14 (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-SSA1,10,18 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-SSA1,10,22 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-SSA1,11,4 (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-SSA1,11,13 (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 partially regulated 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-SSA1,11,15 (6) Small source mercury reduction allowances. (a) A person may obtain small source mercury reduction allowances in any of the following ways:

SB177-SSA1,11,17 1. Conducting a small source mercury reduction project that is approved by the department.

SB177-SSA1,11,19 2. Entering into an agreement under which another person conducts a small source mercury reduction project that is approved by the department.

SB177-SSA1,11,21 3. Providing funds to the department for conducting a small source mercury reduction project.

SB177-SSA1,12,2 (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-SSA1,12,7 (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-SSA1,12,11 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-SSA1,12,13 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-SSA1,12,15 3. The extent to which the reductions in emissions of mercury would occur in the absence of the small source mercury reduction project.

SB177-SSA1,12,17 4. The period during which the reductions in emissions of mercury resulting from the small source mercury reduction project will continue.

SB177-SSA1,12,22 (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-SSA1,13,4 (8) Report. (a) The department shall prepare 2 reports assessing the effectiveness of the mercury emission reduction program under this section. The department shall prepare the first report by October 31, 2006, and the 2nd report by October 31, 2011. In the reports under this subsection, the department may include an assessment of the effectiveness of any other mercury reduction or elimination programs in this state. In the reports under this subsection,the department shall include all of the following:

SB177-SSA1,13,8 1. An analysis of the impacts of the trading program under sub. (5) on water quality in specific locations and a description of the actions that the department will take to address any adverse impacts of the trading program on water quality in specific locations.

SB177-SSA1,13,11 2. An assessment of whether the 50% and 90% reductions in mercury emissions in 2010 and 2015 under subs. (2) (b) and (3) (b) are achievable, considering any scientific or technological developments.

SB177-SSA1,13,13 3. Recommendations for any adjustments to the percentage reductions under subs. (2) (b) and (3) (b) that the department determines are appropriate.

SB177-SSA1,13,16 (b) The department shall submit the reports required under this subsection to the chief clerk of each house of the legislature for distribution to the appropriate standing committees of the legislature under s. 13.172 (3).

SB177-SSA1,13,19 (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-SSA1,13,22 (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-SSA1,13,24 (a) Nationwide regulations of mercury emissions at least as stringent as those in this section.

SB177-SSA1,13,25 (b) A nationwide ban on the reuse or recycling of mercury.

SB177-SSA1,14,1 (c) A ban on the export of mercury.

SB177-SSA1,14,3 (d) International regulations of mercury emissions at least as stringent as those in this section.

SB177-SSA1,14,4 (End)