Section 446.15. Early mercury emission reduction credits.

 

(1)  An owner or operator of a coal-fired EGU that is subject to this subchapter may request that the department certify excess mercury emission reductions as early emission reduction credits.

(2)  The department may only certify emission reductions that meet either of the following criteria as early emission reduction credits:

(a) Emission reductions achieved by major utilities in calendar years 2010 to 2014 in excess of the emission limitation in s. NR 446.05 .

(b) Emission reductions achieved in calendar years 2015 to 2020 from coal-fired EGUs subject to s. NR 446.14 in excess of the emission limitation in s. NR 446.14 (1) (c) 1. or 2.

(3)  Beginning March 1, 2011, and on or before March 1, 2021, owners and operators may request in the annual compliance report required in s. NR 446.17 (1) , that the department certify excess mercury reductions from the previous calendar year as early emission reduction credits. The department shall provide written notice within 60 days of the receipt of a request approving or denying the early emission reduction credit request.

(4)  The department shall certify the emission reductions, in terms of pounds of mercury emissions reduced, as early emission reduction credits if the owner or operator demonstrates to the department that the reductions are actual mercury emission reductions that are not required under any state or federal law, court order or air permit condition.

(5)  Certified mercury emission reduction credits may be used by the owner or operator of a coal-fired EGU to meet the annual mercury emission limitations in s. NR 446.14 (1) (c) subject to the provisions in sub. (6) .

(6)  For demonstrating compliance with the mercury emission limitations in s. NR 446.14 (1) (c) , an owner or operator shall only be allowed to surrender certified mercury emission reduction credits in an amount that does not exceed 10% of the annual allowable emission total, in pounds.

(7)  The department will maintain an ongoing record of the early mercury emission reduction credits certified and surrendered to achieve compliance with s. NR 446.14 .

CR 07-036 : cr. Register November 2008 No. 635 , eff. 12-1-08.