Section NR 446.165 - Large coal-fired electric generating unit variance(1) The owner or operator of a large coal-fired EGU may request a variance from the emission reduction requirements of s. NR 446.13 or by 446.14 submitting a written request to the department and the commission. The request shall provide sufficient information concerning the conditions or special circumstances on which the variance request is based to demonstrate to the department's satisfaction that a variance from the applicable requirements is necessary. In addition, the request shall include the following: (a) Where an alternative compliance schedule is sought, the owner or operator shall submit a proposed schedule which demonstrates reasonable further progress and contains a date for final compliance as soon as practicable.(b) Where an alternative reduction requirement is sought, the owner or operator shall submit a proposed reduction requirement.(c) Requests for variances shall contain relevant information on the costs and technological feasibility of meeting the reduction requirements as required by the department.(2) Requests for a variance shall be received 12 months in advance of an emission reduction requirement in s. NR 446.13 or 446.14 or established under s. NR 446.16.(3) The department may grant a variance that sets an alternative reduction requirement or schedule, or both.(4) The department may grant a variance if the owner or operator demonstrates to the department's satisfaction that the reduction requirements are technologically or economically infeasible.(5) The department may grant a variance that sets an alternative schedule if the owner or operator demonstrates to the department's satisfaction that the delay is needed to complete installation and place into operation control technology to achieve compliance with a reduction requirement.(6) Within 90 days of the receipt of a completed request, the department shall publish a public notice on each variance request and the department's preliminary determination to grant or deny the request, to provide the opportunity for public comments including, where requested, a public hearing on the variance request. Following the public comment period, the department shall notify the variance applicant in writing of the reasons for denying, granting or for granting in a modified form any request for a variance.(7) The department may, after notice and opportunity for hearing, revoke or modify any variance when any term or condition of the variance has been violated.Wis. Admin. Code Department of Natural Resources NR 446.165
CR 07-036: cr. Register November 2008 No. 635, eff. 12-1-08.