Wis. Admin. Code Department of Natural Resources NR 437.03

Current through October 28, 2024

Section NR 437.03 - Eligibility

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
PM_2.5	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.

Wis. Admin. Code Department of Natural Resources NR 437.03

CR 02-012: cr. Register October 2002 No. 562, eff. 11-1-02.