Wis. Admin. Code Department of Natural Resources NR 428.26

Current through October 28, 2024

Section NR 428.26 - Utility reliability waiver

The owner or operator of an emissions unit used for purposes of electric or steam utility generation or natural gas utility transmission and subject to an emission limitation in s. NR 428.22 may request that the department grant a waiver from meeting the emission limitation for a specific period of time based on the following criteria and procedures:

(1) The waiver request is due to the utility's need to maintain a supply of electricity, steam, or natural gas to non-interruptible customers.

(2) A waiver request may only be based on an unavoidable or unforeseeable event including:

(a) A major electric supply event affecting the utility.

(b) A major fuel supply disruption affecting the utility.

(c) A disruption in the operation of a generating unit or pollution control equipment.

(3) The owner or operator of a utility shall submit a written request for a waiver that provides information sufficient to demonstrate to the department's satisfaction that granting the waiver is warranted. The request shall include the following:

(a) The duration of the conditions warranting the waiver.

(b) The specific measures taken to mitigate emissions during the duration for which the waiver is requested.

(c) The reasons why the utility was unable to achieve compliance with the emission requirement.

(4) The department may grant a waiver under this section if, in consultation with the public service commission and written approval by the administrator, the department determines that the owner or operator's failure to meet a requirement under s. NR 428.22 is consistent with criteria of sub. (2).

(5) Within 60 days after the receipt of a complete request, the department shall publish a public notice of the receipt of the waiver request and the department's preliminary determination to approve, partially approve, or deny the request. The department shall provide an opportunity for public comments on the request and the department's preliminary determination. The department shall hold a public hearing on the request if a hearing is requested by a person affected by the waiver request.

(6) Following the public comment period, the department shall notify the applicant in writing of the final determination to approve, conditionally approve or deny the waiver request.

Wis. Admin. Code Department of Natural Resources NR 428.26

CR 07-016: cr. Register July 2007 No. 619, eff. 8-1-07.