285.39(2)(b)2.
2. Indicate the likely amount of the growth accommodation at the end of the year.
285.39(2)(b)3.
3. Report the status of the development and implementation of plans or rules under
subs. (3) to
(5).
285.39(2)(b)4.
4. Report if, during the prior year, the replenishment implementation period has expired.
285.39(3)
(3) Growth accommodation replenishment. The department shall:
285.39(3)(a)
(a) Promulgate rules under
s. 285.30 (6) (e), relating to the inspection of vehicles for tampering with air pollution control equipment.
285.39(3)(b)
(b) Promulgate rules restricting the amount of volatile organic compounds that may be contained in architectural coatings sold at retail in the volatile organic compound accommodation area or for use by a service provider in the volatile organic compound accommodation area. The department may exempt from a rule under this paragraph one or more categories of architectural coatings, based upon the type of coating or the use to which a coating is put, if it would be technically impractical to prohibit a category of architectural coating. The proposed rules shall include a provision to allow for the limited sale and use of the supplies of prohibited architectural coatings that retailers and suppliers in the volatile organic compound area already have in stock at the time of promulgation of the rules.
285.39(3)(c)
(c) Promulgate rules requiring persons who refinish auto bodies in the volatile organic compound accommodation area to use compounds, as solvents to clean painting and related equipment, that do not react to form ozone in the troposphere. The proposed rules shall allow the use of cleaning solvents containing volatile organic compounds that were purchased before the effective date of the proposed rules.
285.39(4)
(4) Report on new replenishment mechanisms. After expiration of the replenishment implementation period, if the department reports under
sub. (2) (b) 1. or determines at any other time that the growth accommodation is less than 3,500 tons, the department shall, with the advice of the department of commerce, submit a report 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) on how to most effectively and equitably replenish the growth accommodation. The report shall review existing studies and data to evaluate the accuracy of this state's state implementation plan with respect to the effect of emissions from inside and outside the volatile organic compound accommodation area on the ambient air quality within the area.
285.39(5)
(5) Contingent restrictions on existing sources. If at any time the department finds that the growth accommodation is less than 2,500 tons and determines that it is unlikely that the growth accommodation will exceed 2,500 tons in the report under
sub. (2) (b) 1. for the following year because of the inadequacy of replenishment activities at the time or because of facility shutdowns, the department shall implement the rules that specify emission limitations for emissions of volatile organic compounds from stationary sources located in the volatile organic compound accommodation area that were required to report their emissions under
s. 299.15 during calendar year 1987. The emission limitations shall be designed to ensure that the growth accommodation in the subsequent year is not less than 2,500 tons. The emission limitations may not be more restrictive than the lowest achievable emission rate. The department shall implement the emission limitations by source category. For the purpose of this section, the department shall determine a source category according to the type and level of emissions. The department may also use other characteristics which relate to air pollution to determine source categories. The department shall implement the emission limitations based upon ease of implementation, cost-effectiveness and the relative equity of imposing a limitation upon a source category, given any prior limitations of emissions imposed upon that source category. To the extent feasible, the emission limitations shall provide affected sources the opportunity to choose to be subject to either an annual emission limitation or a more restrictive applicable reasonably available control technology rule than was in effect in 1987.
285.39 History
History: 1987 a. 27,
399;
1991 a. 302;
1995 a. 27 s.
9116 (5);
1995 a. 227 s.
500; Stats. 1995 s. 285.39.
SULFUR DIOXIDE AND NITROGEN OXIDE EMISSION RATES AND GOALS
285.41
285.41
Sulfur dioxide emission rates after 1992; major utilities. 285.41(1)(a)
(a) "Annual emissions" means the number of pounds of sulfur dioxide emissions from all boilers under the ownership or control of a major utility in a given year.
285.41(1)(b)
(b) "Annual heat input" means the heat input, measured in millions of British thermal units, from all boilers under the ownership or control of a major utility in a given year.
285.41(1)(d)
(d) "Commission" means the public service commission.
285.41(1)(e)
(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 sulfur dioxide emissions rather than minimizing the cost of operation.
285.41(1)(f)
(f) "Major utility" means a Class A utility, as defined under
s. 199.03 (4), which generates electricity or an electrical cooperative association organized under
ch. 185, if the total sulfur dioxide emissions from all stationary air contaminant sources in this state under the ownership or control of the utility or association exceeded 5,000 tons in any year after 1979.
285.41(1)(g)
(g) "Traded emissions" means the pounds of sulfur dioxide emissions in a given year that a major utility which is the grantor in an agreement under
sub. (2) (b) 1. makes available to the major utility which is the grantee in the agreement.
285.41(2)
(2) Corporate emission rate; trading. 285.41(2)(a)(a) Except as provided under
sub. (4), beginning with 1993, the average number of pounds of sulfur dioxide emissions per million British thermal units of heat input from all boilers under the ownership or control of a major utility for any year may not exceed 1.20.
285.41(2)(b)1.1. Two major utilities may enter into an agreement for trading emissions unless the sum of the proposed traded emissions and the projected annual emissions of the grantor major utility for the year to which the agreement will apply would exceed the actual annual emissions of the grantor major utility in 1985.
285.41(2)(b)2.
2. To determine whether the major utility that is the grantor in an agreement under
subd. 1. is in compliance with
par. (a) in a given year, the department shall add the traded emissions and the grantor's annual emissions and divide the sum by the annual heat input of the grantor.
285.41(2)(b)3.
3. To determine whether the major utility that is the grantee in an agreement under
subd. 1. is in compliance with
par. (a) in a given year, the department shall subtract the traded emissions from the grantee's annual emissions and divide the difference by the annual heat input of the grantee.
285.41(3)
(3) Annual compliance plan required. 285.41(3)(a)(a)
Submission; contents. On or before October 1 of each year beginning with 1992, each major utility shall submit to the department and the commission a plan for achieving compliance with the emission rate under
sub. (2) (a). The plan shall include, at a minimum:
285.41(3)(a)3.
3. The expected operation characteristics of each boiler, including:
285.41(3)(a)3.a.
a. The order to be used in placing the boilers into operational production.
285.41(3)(a)3.b.
b. The planned maintenance schedule for each boiler and how the maintenance is expected to affect the methods of meeting electricity demands.
285.41(3)(a)4.
4. The amount and sulfur content of coal, other fossil fuel or other materials to be used for each boiler in operational production. The sulfur content shall be expressed in pounds of sulfur dioxide per million British thermal units of heat input.
285.41(3)(a)5.
5. The anticipated sulfur dioxide emissions from each boiler.
285.41(3)(a)6.
6. Contingency plans for unexpected events or increased demand including a summary of generation costs and the anticipated additional costs for reducing sulfur dioxide emissions under those circumstances.
285.41(3)(a)7.
7. The methods that will be used to achieve compliance with
sub. (2) (a) in the following year including, if applicable, the provisions of any trading agreement under
sub. (2) (b) 1.
285.41(3)(a)8.
8. The total anticipated annual sulfur dioxide emissions from all boilers under the ownership or control of the major utility for each of the next 3 years.
285.41(3)(b)
(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.
285.41(4)(a)(a)
Request; variance conditions. A major utility may request a variance from the emission rate under
sub. (2) (a) 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) (a). 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:
285.41(4)(a)1.
1. A major electrical supply emergency within or outside this state.
285.41(4)(a)3.
3. An extended and unplanned disruption in the operation of a nuclear plant or low sulfur coal-fired boiler under the ownership or control of the major utility.
285.41(4)(a)4.
4. The occurrence of an uncontrollable event not anticipated in the plan submitted under
sub. (3).
285.41(4)(a)5.
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) (a).
285.41(4)(b)
(b)
Compliance plan required. With the request for a variance, the major utility shall submit its plan for achieving compliance with the emission rate. 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 sulfur content or by environmental dispatching.
285.41(4)(c)
(c)
Grant of variance. The department shall grant a request for a variance if the commission determines that a variance condition exists and the department determines that the major utility's compliance plan is adequate.
285.41(4)(d)
(d)
Denial of variance. The department shall deny a request for a variance if the commission determines that no variance condition exists or if the department determines that the major utility's compliance plan is not adequate.
285.41(4)(e)
(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.
285.41(5)
(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.
285.41(6)
(6) Determination of compliance. The department shall determine compliance with
sub. (2) (a) using data submitted by the major utilities. Each major utility shall provide the department with any information needed to determine compliance.
285.41(7)
(7) Penalty. Notwithstanding
s. 285.87, any major utility that exceeds the annual emission rate under
sub. (2) (a) in violation of this section shall forfeit not less than $100,000 nor more than $500,000 for each year of violation.
285.41 History
History: 1985 a. 296;
1995 a. 227 s.
481; Stats. 1995 s. 285.41.
285.43
285.43
Sulfur dioxide emission rates; state-owned facilities. 285.43(1)(1)
Limit. After June 30, 1988, the average number of pounds of sulfur dioxide emissions per million British thermal units of heat input during any year from any large source, as defined under
s. 285.45 (1) (a), that is owned by this state may not exceed 1.50.
285.43(2)
(2) Compliance. The department shall determine compliance with
sub. (1) using data submitted by state agencies. Each state agency shall provide the department with any information needed to determine compliance.
285.43(3)
(3) Noncompliance; report required. Noncompliance report required. If the department determines that any large source owned by this state is not in compliance with
sub. (1), the department shall submit to the governor and to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under
s. 13.172 (2), a report of the noncompliance and recommendations for bringing the large source into compliance.
285.43 History
History: 1985 a. 296;
1995 a. 227 s.
482; Stats. 1995 s. 285.43.
285.45
285.45
Sulfur dioxide emission goals after 1992; major utilities and other large air contaminant sources. 285.45(1)(a)
(a) "Large source" means a stationary source in this state, other than a fossil fuel-fired boiler under the ownership or control of a major utility, that had sulfur dioxide emissions averaging at least 1,000 tons annually in the most recent 5-year period, that became operational before May 2, 1986, and that is not a boiler subject to the standard of performance for new stationary sources for sulfur dioxide emissions established under
s. 285.27 (1).
285.45(2)
(2) Goals. It is the goal of this state that, beginning with 1993, total annual sulfur dioxide emissions do not exceed the following:
285.45(2)(a)
(a) From all major utilities and large sources, 325,000 tons.
285.45(2)(b)
(b) From all fossil fuel-fired boilers under the ownership and control of the major utilities, 250,000 tons.
285.45(3)
(3) Excess emissions; department report required. 285.45(3)(a)(a) If the department determines, based on its annual report under
s. 285.11 (12), that the total annual sulfur dioxide emissions from all major utilities and large sources exceeded 325,000 tons in the previous year, or if the department projects, based on the amounts anticipated by the major utilities under
s. 285.41 (3) (a) 8. and the department's estimates of emissions from large sources, that the total sulfur dioxide emissions in this state will exceed 325,000 tons in any of the 3 succeeding years, the department shall determine if the actual or projected excess emissions are or will be attributable to the major utilities, the large sources or both.
285.45(3)(b)1.1. If the department determines that the excess emissions are or will be attributable to the major utilities, the department shall, after consulting with the commission, prepare a report containing a recommendation as to whether the goal specified under
sub. (2) (b) should be replaced with an enforceable limit. If so, the report shall include the department's recommendation for a cost-effective mechanism for ensuring compliance with the limit, including any necessary changes in
s. 285.41. The department shall hold a public hearing on the report.
285.45(3)(b)2.
2. The department shall submit the report required under this paragraph to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under
s. 13.172 (3).
285.45(3)(c)1.1. If the department determines that the excess emissions are or will be attributable to the large sources, the department shall, after consulting with the commission, prepare a report containing a recommendation as to whether the goal specified under
sub. (2) (c) should be replaced with an enforceable limit. If so, the report shall include the department's recommendation for a cost-effective mechanism for ensuring compliance with the limit. The department shall hold a public hearing on the report.
285.45(3)(c)2.
2. The department shall submit the report required under this paragraph to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under
s. 13.172 (3).
285.45(3)(d)
(d) If the department determines that the excess emissions are or will be attributable to both the major utilities and the large sources, the department shall comply with both
pars. (b) and
(c). The reports and public hearings required under those paragraphs may be combined.
285.45 History
History: 1985 a. 296;
1987 a. 186;
1995 a. 227 s.
483; Stats. 1995 s. 288.45.
285.47
285.47
Nitrogen oxide emission goal; major utilities. 285.47(2)
(2) Goal. It is the goal of this state that, beginning with 1991, the total annual nitrogen oxide emissions from all major utilities do not exceed 135,000 tons.
285.47 History
History: 1985 a. 296;
1987 a. 186;
1995 a. 27;
1995 a. 227 s.
484; Stats. 1995 s. 285.47.
WASTE INCINERATORS; OZONE DEPLETING
SUBSTANCES; EMISSION LIMITS AND OTHER REQUIREMENTS
285.51
285.51
Solid waste incinerator operator certification. 285.51(2)
(2) The department shall, by rule, establish a program for the certification of persons participating in or responsible for the operation of solid waste treatment facilities that burn solid waste. The certification requirements shall take effect on January 1, 1993. The department shall do all of the following:
285.51(2)(a)
(a) Identify those persons or positions involved in the operation of a solid waste treatment facility who are required to obtain certification.
285.51(2)(b)
(b) Establish the requirements for and term of initial certification and requirements for recertification upon expiration of that term. At a minimum, the department shall require applicants to complete a program of training and pass an examination in order to receive initial certification.
