(1) APPLICABILITY.
(a) This chapter applies to the owner or
operator of any source that includes a CAIR NOx unit or
a CAIR renewable unit. A CAIR NOx unit is any
stationary, fossil fuel-fired boiler or stationary, fossil fuel-fired
combustion turbine which has served at any time, since the later of November
15, 1990 or the start-up of the unit's combustion chamber, a generator with
nameplate capacity of more than 25 MWe producing electricity for sale, except
for those units that are excluded under par. (b).
Note: In addition, a CAIR NOx unit is
subject to the requirements of 40 CFR part 97, Subparts AA, BB, CC, FF, GG, HH,
AAAA, BBBB, CCCC, FFFF, GGGG, and HHHH.
(b) The following units are not CAIR
NOx units:
1. Any unit
qualifying as a cogeneration unit during the 12-month period starting on the
date the unit first produces electricity and continuing to qualify as a
cogeneration unit and which does not serve at any time, since the later of
November 15, 1990 or the start-up of the unit's combustion chamber, a generator
with a nameplate capacity of more than 25 MWe supplying in any calendar year
more than one-third of the unit's potential electrical output capacity or
219,000 MWh, whichever is greater, to any utility power distribution system for
sale.
2. Any solid waste
incineration unit that commenced operation before January 1, 1985 and which had
an average annual fuel consumption of non-fossil fuel for 1985 to 1987
exceeding 80% of the unit's total average annual fuel consumption for the
period, on a Btu basis, and an average annual fuel consumption of non-fossil
fuel for any 3 consecutive calendar years after 1990 exceeding 80% of the
unit's total average annual fuel consumption for the same 3-year period, on a
Btu basis.
3. Any solid waste
incineration unit that commenced operation on or after January 1, 1985 and
which had an average annual consumption of non-fossil fuel for the first 3
calendar years of operation exceeding 80% of the unit's total fuel consumption,
on a Btu basis, and an average annual consumption of non-fossil fuel for any 3
consecutive calendar years after 1990 exceeding 80% of the unit's total fuel
consumption, on a Btu basis.
(c) If a stationary boiler or stationary
combustion turbine, that under par. (a), is not a CAIR
NOx unit, begins to combust fossil fuel or to serve a
generator with a nameplate capacity of more than 25 MWe producing electricity
for sale, the unit shall become a CAIR NOx unit on the
first date on which it both combusts fossil fuel and serves the generator as
provided in par. (a).
(d) If a unit
qualifies as a cogeneration unit during the 12-month period starting on the
date the unit first produces electricity and meets the requirements of par. (b)
1. for at least one calendar year, but subsequently no longer meets the
requirements, the unit shall become a CAIR NOx unit
starting on the earlier of January 1 of the year immediately after the first
calendar year during which the unit first no longer qualifies as a cogeneration
unit or January 1 of the year immediately after the first calendar year during
which the unit no longer meets the requirements of par. (b) 1.
(e) If a unit qualifies as a solid waste
incineration unit and meets the requirements of par. (b) 2. or 3. for at least
3 consecutive calendar years, but subsequently no longer meets all the
requirements, the unit shall become a CAIR NOx unit
starting on the earlier of January 1 of the year immediately after the first
calendar year during which the unit first no longer qualifies as a solid waste
incinerator unit or January 1 of the year immediately after the first 3
consecutive calendar years after 1990 for which the unit has an average annual
fuel consumption of fossil fuel of 20% or more of the unit's total fuel
consumption.
(2) PURPOSE.
This chapter is adopted under s.
285.11,
Stats., to allocate the NOx allowances for the CAIR
NOx annual trading program and the CAIR
NOx ozone season trading program. The purpose of this
chapter is to implement only those parts of the CAIR NOx
annual trading program and the CAIR NOx ozone season
trading program that is administered by the EPA under the federal
implementation plan for the CAIR relating to the allocation of CAIR
NOx allowances found in 40 CFR part 97, Subparts EE and
EEEE.
(3) PETITION FOR
APPLICABILITY. An owner or operator of any unit may petition the administrator
of the EPA at any time for a determination concerning the applicability, under
sub. (1), of the CAIR NOx trading program and the CAIR
NOx ozone season trading program to the unit pursuant to
40
CFR 97.104(c) and 40 CFR
97.304.
This chapter modifies the schedule and methodology for
allocating CAIR nitrogen oxides (NOx) allowances that
are set forth in the federal implementation plan. This chapter does not have a
provision allowing any fossil fuel-fired unit that is not a CAIR
NOx unit to "opt-in" to a CAIR
NOx trading program. This chapter is not intended to
modify in any other way the implementation or administration in Wisconsin of
the federal implementation plan for CAIR. The CAIR NOx
federal implementation plan is published in 40 CFR part
97.
