Wisconsin Administrative Code
Department of Natural Resources
NR 400-499 - Environmental Protection - Air Pollution Control
Chapter NR 409 - Acid rain portion of operation permits
Section NR 409.09 - Acid rain compliance plan and compliance options

1. For each affected unit included in the acid rain portion of an operation permit application, a complete compliance plan shall include, for sulfur dioxide emissions, a certification that, as of the allowance transfer deadline, the designated representative shall hold allowances in the unit's compliance subaccount, after deductions under 40 CFR 73.34(c), not less than the total annual emissions of sulfur dioxide from the unit. The compliance plan may also specify, in accordance with this section, one or more of the acid rain compliance options.

2. A complete compliance plan for NOx shall, for each affected unit included in the permit application and subject to s. NR 409.065, either certify that the unit will comply with the applicable emissions limitation under s. NR 409.065(2), (3) or (4) or specify one or more other acid rain compliance options for NOx in accordance with the requirements of s. NR 409.065.

1. A plan for a compliance option that includes units at more than one affected source shall be complete only if:

2. The department's approval of a plan under subd. 1. that includes units in more than one state shall be final only after every permitting authority with jurisdiction over any unit has approved the plan with the same modifications or conditions, if any.

1. To activate a conditionally-approved acid rain compliance option, the designated representative shall notify the department in writing that the conditionally-approved compliance option shall actually be pursued beginning January 1 of a specified year. Notification shall be subject to the limitations on activation under sub. (2) and s. NR 409.065. If the conditionally-approved compliance option includes a plan described in par. (b) 1., the designated representative of each source governed by the plan shall sign and certify the notification.

2. The notification under subd. 1. shall specify the first calendar year and the last calendar year for which the conditionally-approved acid rain compliance option is to be activated. A conditionally-approved compliance option shall be activated, if at all, before the date of any enforceable milestone applicable to the compliance option. The date of activation of the compliance option is not a defense against failure to meet the requirements applicable to that compliance option during each calendar year for which the compliance option is activated.

3. Upon submission of a notification meeting the requirements of subds. 1. and 2., the conditionally-approved acid rain compliance option becomes binding on the owners and operators and the designated representative of any unit governed by the conditionally-approved compliance option.

4. A notification meeting the requirements of subds. 1. and 2. shall be treated as an administrative permit revision under s. NR 409.12(4) (a) 1.

1. The designated representative for a unit may terminate an acid rain compliance option by notifying the department in writing that an approved compliance option shall be terminated beginning January 1 of a specified year. Notification shall be subject to the limitations on termination under sub. (2) and s. NR 409.065. If the compliance option includes a plan described in par. (b) 1., the designated representative for each source governed by the plan shall sign and certify the notification.

2. The notification under subd. 1. shall specify the calendar year for which the termination shall take effect.

3. Upon submission of a notification meeting the requirements of subds. 1. and 2., the termination becomes binding on the owners and operators and the designated representative of any unit governed by the acid rain compliance option to be terminated.

4. A notification meeting the requirements of subds. 1. and 2. shall be treated as an administrative permit revision under s. NR 409.12(4) (a) 6.

1. This section shall apply to the designated representative of:

2. A repowering extension does not exempt the owner or operator for any unit governed by the repowering plan from the requirement to comply with the unit's acid rain emissions limitations for sulfur dioxide.

1. The unit shall be repowered with a qualifying repowering technology in order to comply with the emissions limitations for sulfur dioxide; or

2. The unit shall be replaced by a new utility unit that has the same designated representative and that is located at a different site using a qualified repowering technology and the existing unit shall be permanently retired from service on or before the date on which the new utility unit commences commercial operation.

1. Submit to the department, by January 1, 1996, a complete repowering extension plan;

2. Submit to the administrator before June 1, 1997, a complete petition for approval of repowering technology in accordance with 40 CFR 72.44(d) and submit a copy to the department; and

3. If the repowering extension plan is submitted for conditional approval, submit to the department by December 31, 1997, a notification to activate the plan in accordance with sub. (1) (c).

1. Identification of the existing unit governed by the plan.

2. The unit's federally-approved state implementation plan sulfur dioxide emissions limitation.

3. The unit's 1995 actual SO2 emissions rate or best estimate of the actual emissions rate; provided that the actual emissions rate is submitted to the department by January 30, 1996.

4. A schedule for construction, installation and commencement of operation of the repowering technology approved or submitted for approval to the administrator under 40 CFR 72.44(d) with dates for the following milestones:

5. For a plan under par. (b) 2.:

6. The special provisions of par. (g).

1. The department may not approve a repowering extension plan until the administrator makes a conditional determination that the technology is a qualified repowering technology, unless the department approves the plan subject to the conditional determination of the administrator.

2.

3. Allowances shall be allocated in accordance with 40 CFR 72.44(f) (3) and (g).

1. If, at any time before the end of the repowering extension under par. (e) 2. b., the designated representative of a unit governed by an approved repowering extension plan submits the notification under s. NR 409.13(2) (d) that the owners and operators have decided to terminate efforts to properly design, construct and test the repowering technology specified in the plan before completion of construction or startup testing, the designated representative may submit to the department a requested significant permit revision demonstrating that the efforts were in good faith. A copy of the requested significant permit revision shall be submitted to the administrator. If the demonstration is to the satisfaction of the administrator, the unit may not be deemed in violation of the act because of a termination and the department shall revise the operation permit in accordance with subd. 2.

2. Regardless of whether notification under subd. 1. is given, the repowering extension shall end beginning on the earlier of the date of the notification or the date by which the designated representative was required to give the notification under s. NR 409.13(2) (d).

3. The designated representative of a unit governed by an approved repowering extension plan may submit to the department a proposed significant permit revision demonstrating that the repowering technology specified in the plan was properly constructed and tested on the unit but was unable to achieve the emissions reduction requirements specified in the plan and that it is economically or technologically infeasible to modify the technology to achieve the emission limits. A copy of the requested significant permit revision shall be submitted to the administrator. In order to be properly constructed and tested, the repowering technology shall be constructed at least to the extent necessary for direct testing of multiple combustion emissions, including sulfur dioxide and nitrogen oxides, from the unit while operating the technology at nameplate capacity. If the demonstration is to the satisfaction of the administrator:

1.

2. Each unit governed by an approved repowering extension plan shall comply with the special reporting requirements of s. NR 409.13(2).

3.

4. Except as provided in par. (f), a repowering extension plan may not be terminated after December 31, 1999.