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.
285.48
285.48
Nitrogen oxide emissions reductions. 285.48(1)(a)
(a) "Call" means a call to implement a state implementation plan that is issued by the federal environmental protection agency before October 29, 1999, or after that date arising out of a call issued before that date, including a call issued after that date pursuant to a federal court order or otherwise.
285.48(1)(cm)
(cm) "Nonutility stationary or mobile source" means a stationary or mobile source that is not an electric generating facility owned by a public utility or electric cooperative.
285.48(1)(d)
(d) "Northwestern county" means Ashland, Barron, Bayfield, Buffalo, Burnett, Chippewa, Clark, Douglas, Dunn, Eau Claire, Iron, Jackson, La Crosse, Monroe, Pepin, Pierce, Polk, Price, Rusk, Sawyer, St. Croix, Taylor, Trempealeau, Vernon or Washburn county.
285.48(1)(e)
(e) "Other county" means a county that is not a northwestern county.
285.48(1)(g)
(g) "State implementation plan" means a state implementation plan for control of atmospheric ozone in another state.
285.48(1)(h)
(h) "Summer" means the period beginning on May 1 and ending on September 30 of each year.
285.48(2)
(2) Applicability. This section applies if the department of natural resources, pursuant to a call, issues a state implementation plan that requires electric generating facilities in the midcontinent area of this state to comply with nitrogen oxide emission reduction requirements. If the department of natural resources issues such a plan, the department of natural resources shall notify the department of administration and the public service commission. The notice shall specify the date on which electric generating facilities in the midcontinent area of this state are required to comply with the initial nitrogen oxide emission reduction requirements.
285.48(3)
(3) Nitrogen oxide emissions standards and limitations. 285.48(3)(a)(a) In establishing nitrogen oxide emission reduction requirements for the control of atmospheric ozone in another state pursuant to a call, the department may not, in a state implementation plan, by rule or through the adoption of control strategies, establish nitrogen oxide emissions standards or limitations that do any of the following:
285.48(3)(a)1.
1. Require less than 2,234 tons, or the greater number of tons determined under
par. (d) 1., in total nitrogen oxide emissions each summer from all electric generating facilities located in northwestern counties that are owned by electric cooperatives.
285.48(3)(a)2.
2. Require less than 315 tons, or the greater number of tons determined under
par. (d) 1., in total nitrogen oxide emissions each summer from all electric generating facilities located in northwestern counties that are owned by public utilities.
285.48(3)(a)3.
3. Require less than 15,157 tons, or the greater number of tons determined under
par. (d) 1., in total nitrogen oxide emissions each summer from all electric generating facilities located in other counties owned by public utilities or electric cooperatives.
285.48(3)(b)
(b) The department shall issue emissions allowances in a number that is sufficient to allow the emissions specified in
par. (a).
