Wisconsin Administrative Code
Department of Natural Resources
NR 400-499 - Environmental Protection - Air Pollution Control
Chapter NR 437 - Voluntary emission reduction registry
Section NR 437.03 - Eligibility

Universal Citation: WI Admin Code ยง NR 437.03

Current through August 26, 2024

Any person may register VERs under this chapter. VERs may be registered if they meet all of the following requirements, as applicable:

(1) The VERs are not required by or go beyond the requirements of law. The following are examples of VERs that are eligible for registration:

(a) VERs that result from actions taken to comply with a law that result in reductions of greenhouse gas or air contaminant emissions that are not required by or go beyond those required by law.

(b) VERs that are made after an applicable law is in effect but before the reduction is required by law.

(c) VERs that are made and are reflected in an air pollution control permit, as long as the level of reduction is beyond what is required by law.

Note: A VER may be reflected in an air pollution control permit when, for example, the permit contains a requirement to use air pollution control equipment which reduces emissions beyond what is required by law. VERs that are later used to meet netting or offset requirements or to qualify as a synthetic minor source under air permitting requirements are no longer eligible for registration under this chapter.

(d) VERs that are part of a contractual agreement with the department, as defined within the contractual agreement.

(2) The VER is the result of one or more actions taken. Examples of actions include:

(a) Change in type of fuel used.

(b) Installation and operation or modification of emission control equipment.

(c) Implementation of energy efficiency measures by the energy producer or user.

(d) Production, use, or purchase of renewable energy.

(e) Changes to, replacement of, or retirement of a manufacturing or combustion process.

(f) Product reformulation or replacement.

(g) Beneficial reuse or recycling activities.

(h) Increases in vehicle fleet fuel efficiency.

(i) Changes that reduce vehicle miles traveled.

(j) Carbon sequestration projects.

(k) Projects to collect, store and dispose of mercury-containing products in a manner that will prevent or minimize future releases of mercury into the environment.

(3) The action and VER occur within the state of Wisconsin.

(4) The VER has not been registered by any other person under this chapter.

(5)

(a) The amount of VERs to be registered is equal to or exceeds the corresponding threshold level in Table 1, except as provided in pars. (c) and (e).

(b) If emissions of more than one greenhouse gas have been reduced, the CO2 equivalents of each of the gases shall be totaled to determine whether the threshold level is met or exceeded.

(c) For actions which reduce emissions of multiple air contaminants or greenhouse gases, if the VER of at least one of the air contaminants or greenhouse gases equals or exceeds the registration threshold for that greenhouse gas or air contaminant, then all of the VERs may be registered, even if VERs for one or more greenhouse gases or air contaminants are below the corresponding thresholds.

(d) VERs may be aggregated from several or many sources to meet or exceed the registration threshold level in Table 1.

Table 1

Emission Reduced

Registration Threshold

Greenhouse gases

25 tons per year

CO2 equivalent

Nitrogen oxides

1 ton per year

Sulfur dioxide

1 ton per year

Volatile organic compounds

1 ton per year

PM10

1 ton per year

PM2.5

1 ton per year

Carbon monoxide

1 ton per year

Lead and lead compounds

0.5 ton per year

Mercury and mercury com-pounds

1 pound per year

(e) The mass of mercury collected through a mercury collection and disposal project may be registered if it is equal to or exceeds 10 pounds.

(6) The reduction or avoidance of emissions of greenhouse gases or the sequestration of carbon occurred after December 31, 1990.

(7) The reduction or avoidance of emissions of air contaminants other than greenhouse gases occurred after December 31, 1993.

Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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