Section NR 433.06 - Emissions trading program for boilers(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.Wis. Admin. Code Department of Natural Resources NR 433.06
CR 07-017: cr. Register June 2008 No. 630, eff. 7-1-08; CR 10-033: am. (1) (intro.), (b) 1., (c) Register November 2010 No. 659, eff. 12-1-10.