(1) The owner or
operator of a facility, having at least one boiler subject to BART, may propose
an emissions trading program if the program achieves an improvement in
visibility in the mandatory class I federal areas greater than would be
achieved through the installation and operation of BART on each boiler subject
to BART. The owner or operator of a boiler subject to BART who is proposing to
use an emissions trading program shall submit an emissions trading plan to the
department. The plan shall be subject to department approval and meet the
following criteria:
(a) The plan shall
contain the proposed control strategy and the method of demonstrating
compliance.
(b) The plan shall
achieve either of the following:
1. For each
visibility impairing pollutant for which compliance is demonstrated through use
of a trading plan, an emission reduction of that pollutant at least 10% greater
than would be achieved through the installation and operation of BART on each
boiler subject to BART.
2. An
improvement in visibility in the mandatory class I federal areas greater than
or equal to the visibility improvement achieved under subd. 1. The improvement
in visibility shall be demonstrated by comparing the 20% best days of
visibility and the 20% worst days of visibility in at least the 4 mandatory
class I federal areas nearest to the source and for each calendar year 2002,
2003 and 2004. The daily visibility shall be determined using an air quality
model approved by the EPA for predicting visibility impacts from single
emission sources and conducting the air quality modeling analyses according to
the guidelines in 40 CFR part 51, Appendix Y, incorporated by reference in s.
NR 484.04(11m).
(c) Trading shall be between all boilers
serving a similar function and located on the same property.
(d) Boilers participating in the trading
shall achieve the required emission reductions on a continuous basis and shall
be subject to continuous emission monitoring, which meets the applicable
requirements under ch. NR 439 or 440.
(e) The plan shall specify the monitoring
devices and procedures which will be used to provide information sufficient to
assess the performance of the proposed emission control measures and to
quantify on an hourly average basis the mass flow of each pollutant in pounds
per hour and the emission rate of each pollutant in pounds per mmBtu heat input
for each boiler participating in the trading. The procedures and methods
required for compliance demonstration and for performance testing shall be
according to the applicable requirements of ch. NR 439 or 440.
(f) Excess emission reductions, for the
purposes of meeting the BART requirements, shall be emission reductions beyond
those required to meet all state and federal requirements and may not include
emission reductions used in any other banking or trading program.
(2) If the department approves the
emissions trading plan, the department shall propose to revise the source's air
quality permit to include the requirements of the emissions trading plan in
lieu of the BART requirements for the boilers identified in the emissions
trading plan.
(3) After the
department incorporates the emissions trading plan in the revised air operation
permit, the owner or operator of the BART-eligible source shall comply with the
requirements of the emissions trading plan for the boilers identified in the
plan.
