Section NR 432.01 - Applicability; purpose(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.Wis. Admin. Code Department of Natural Resources NR 432.01
CR 06-104: cr. Register July 2007 No. 619, eff. 8-1-07.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.