AB366: Bill Text

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).

AB366,10,12 (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).

AB366,10,15 (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.

AB366,10,19 (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.

AB366,10,23 (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.

AB366, s. 11 Section 11. 285.49 of the statutes is created to read:

AB366,11,5 285.49 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.

AB366,11,6 (2) Content of report. A report under sub. (1) shall include all of the following:

AB366,11,8 (a) A list of all generation facilities owned or operated by the person required to report under sub. (1).

AB366,11,10 (b) Information about the amount of electricity purchased by the person required to report under sub. (1) for use in this state.

AB366,11,12 (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):

AB366,11,13 1. The amount of electricity generated at the facility.

AB366,11,14 2. The amount of fuel used to generate electricity at the facility.

AB366,11,17 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.

AB366,11,19 4. The mercury content of the fuel used to generate electricity if that content is determined in conjunction with a stack test.

AB366,11,21 (3) Exceptions. A person is not required to report under sub. (1) for any of the following:

AB366,11,22 (a) A generation unit that is operated fewer than 240 hours per year.

AB366,11,24 (b) A generation unit with a fuel capacity input of less than 150,000,000 British thermal units per hour.

AB366,11,25 (c) A generation unit with a maximum output of 15 megawatts or less.

AB366,12,1 (d) A generation unit with annual mercury emissions of 3 pounds or less.

AB366,12,4 (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.

AB366, s. 12 Section 12. 285.495 of the statutes is created to read:

AB366,12,8 285.495 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.

AB366,12,17 (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:

AB366,12,18 1. Major utilities, as defined in s. 285.48 (1) (f).

AB366,12,19 2. Coal-fired or oil-fired commercial or industrial boilers.

AB366,12,20 3. Solid waste incinerators, as defined in s. 285.483 (1) (c).