AB366: Bill Text

1999 - 2000 LEGISLATURE

1999 Assembly BILL 366

June 1, 1999 - Introduced by Representatives Kaufert, Johnsrud, J. Lehman, Goetsch, Black, La Fave, Plale, Gunderson, Miller, Boyle, Hasenohrl, Gronemus, Schooff, Handrick and Bock, cosponsored by Senators Burke, Darling, Robson, Wirch, Risser and Clausing. Referred to Committee on Natural Resources.

AB366,1,7 An Act to amend subchapter V (title) of chapter 285 [precedes 285.41]; and to create 20.370 (2) (bh), 29.024 (9m), 29.409, 196.854, 281.12 (4), 285.11 (18), 285.48, 285.483, 285.49, 285.495, 285.497 and 287.07 (8) (a) 2m. of the statutes; relating to: mercury emissions from certain sources, reporting mercury emissions, mercury in medical waste sent to incinerators, fish advisories, granting rule-making authority, making an appropriation and providing a penalty.

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:

AB366, s. 1 Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB366, s. 2 Section 2. 20.370 (2) (bh) of the statutes is created to read:

AB366,3,5 20.370 (2) (bh) Air management — mercury deposition activities. The amounts in the schedule for mercury deposition studies and evaluation and monitoring activities. All moneys received under s. 196.854 shall be credited to this appropriation.

AB366, s. 3 Section 3. 29.024 (9m) of the statutes is created to read:

AB366,3,9 29.024 (9m) Information with certain approvals. The department shall ensure that a copy of the fish advisory issued under s. 281.12 (4) is distributed to each person being issued, under this chapter, an approval that authorizes sport fishing.

AB366, s. 4 Section 4. 29.409 of the statutes is created to read:

AB366,3,14 29.409 Notice of fish advisory. The department shall place a sign at each public boat landing on a body of water if fish in that body of water are included in the fish advisory issued under s. 281.12 (4). The sign shall describe the species and sizes of fish included in the fish advisory.

AB366, s. 5 Section 5. 196.854 of the statutes is created to read:

AB366,3,20 196.854 Assessment for mercury deposition activities. (1) The commission shall annually assess against the major utilities, as defined in s. 285.48 (1) (f), the amount appropriated under s. 20.370 (2) (bh) for mercury deposition studies and evaluation and monitoring activities conducted by the department of natural resources.

AB366,3,24 (2) The commission, in consultation with the department of natural resources, shall promulgate rules establishing a method for assessing each major utility an amount that is proportionate to its fraction of the total amount of mercury emissions from major utilities in this state.

AB366, s. 6 Section 6. 281.12 (4) of the statutes is created to read:

AB366,4,5 281.12 (4) The department, in consultation with the department of health and family services, shall annually issue an advisory describing the risks to human health of eating sport fish that contain mercury and that are taken from the various waters of this state. The advisory may also describe the risks to human health of eating sport fish that contain other contaminants.

AB366, s. 7 Section 7. 285.11 (18) of the statutes is created to read:

AB366,4,9 285.11 (18) Conduct, or contract with other persons to conduct, research on the effects of mercury emissions on human health and the environment and research on methods for reducing those emissions.

AB366, s. 8 Section 8. Subchapter V (title) of chapter 285 [precedes 285.41] of the statutes is amended to read:

AB366,4,12 CHAPTER 285

AB366,4,17 SUBCHAPTER V SULFUR DIOXIDE AND NITROGEN OXIDE EMISSION RATES AND GOALS; MERCURY EMISSION LIMITS

AB366, s. 9 Section 9. 285.48 of the statutes is created to read:

AB366,4,20 285.48 Mercury emission limits; major utilities. (1) Definitions. In this section:

AB366,4,22 (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.

AB366,4,23 (c) "Boiler" means a fossil fuel-fired boiler.

AB366,4,24 (d) "Commission" means the public service commission.

AB366,5,3 (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.

AB366,5,8 (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.

AB366,5,10 (1m) Determination of mercury emissions. The department shall establish a methodology for determining the annual mercury emissions of major utilities.

AB366,5,14 (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).

AB366,5,18 (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).

AB366,5,22 (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).

AB366,6,2 (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).

AB366,6,7 (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:

AB366,6,8 1. The major utility's expected electricity demand.

AB366,6,9 2. The major utility's annual operation plan.

AB366,6,11 3. The expected operation characteristics of each boiler, including all of the following:

AB366,6,12 a. The order to be used in placing the boilers into operational production.

AB366,6,14 b. The planned maintenance schedule for each boiler and how the maintenance is expected to affect the methods of meeting electricity demands.

AB366,6,17 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.

AB366,6,18 5. The anticipated mercury emissions from each boiler.

AB366,6,21 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.

AB366,6,23 7. The methods that will be used to achieve compliance with sub. (2) in the following year.

AB366,6,25 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.

AB366,7,3 (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.

AB366,7,10 (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:

AB366,7,11 1. A major electrical supply emergency within or outside this state.

AB366,7,12 2. A major fuel supply disruption.

AB366,7,15 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.

AB366,7,17 4. The occurrence of an uncontrollable event not anticipated in the plan submitted under sub. (3).

AB366,7,19 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).

AB366,7,25 (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.

AB366,8,2 (c) Grant of variance. The department shall grant a request for a variance if all of the following apply:

AB366,8,3 1. The commission determines that a variance condition exists.

AB366,8,5 2. The department determines that the major utility's compliance plan under par. (b) is adequate.

AB366,8,7 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.

AB366,8,9 (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.

AB366,8,12 (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.

AB366,8,15 (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.

AB366,8,19 (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.

AB366,8,22 (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.

AB366, s. 10 Section 10. 285.483 of the statutes is created to read:

AB366,8,25 285.483 Mercury emission limits; incinerators and chlor-alkali plants. (1) Definitions. In this section:

AB366,9,2 (a) "Annual mercury emissions" means the number of pounds of mercury emissions from a source.

AB366,9,5 (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.

AB366,9,9 (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.

AB366,9,12 (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.

AB366,9,17 (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).

AB366,9,22 (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).

AB366,9,25 (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).

AB366,10,7 (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).