Section 409.05. Retired units exemption.

 

(1)   Applicability. This section applies to any affected unit, except for an opt-in source, that is permanently retired.

(2)   Source obligations.

(a) Scope of exemption. Any affected unit, except for an opt-in source, that is permanently retired shall be exempt from the acid rain program, except for the provisions of this section, 40 CFR 72.2 to 72.6 , 72.10 to 72.13 , and subpart B of 40 CFR part 73 .

(b) Submissions. The exemption under par. (a) shall become effective on January 1 of the first full calendar year during which that the unit is permanently retired. By December 31 of the first year that the unit is to be exempt under this section, the designated representative, authorized in accordance with subpart B of 40 CFR part 72 , or, if no designated representative has been authorized, a certifying official of each owner of the unit, shall submit a statement to the department. A copy of the statement shall also be submitted to the administrator. The statement shall state, in a format prescribed by the administrator, that the unit is permanently retired and will comply with the requirements of sub. (4) .

(3)   Department's action.

(a) After receipt of the notice under sub. (2) (b) , the department shall amend under s. NR 409.12 (4) the operation permit covering the source at which the unit is located, if the source has an operation permit, to add the provisions and requirements of the exemption under subs. (2) (a) and (4) .

(b) A unit that was issued a written exemption under this section and that is permanently retired shall be exempt from the acid rain program, except for the provisions of this section, 40 CFR 72.2 to 72.6 and 72.10 to 72.13 , and subpart B of 40 CFR part 73 , and shall be subject to the requirements of sub. (4) in lieu of the requirements in the written exemption. The department shall amend under s. NR 409.12 (4) the operation permit covering the source at which the unit is located, if the source has such a permit, to add the provisions and requirements of the exemption under this subsection and sub. (4) .

(4)   Special provisions.

(a) Allowance allocations. A unit exempt under this section may not emit any sulfur dioxide or nitrogen oxides starting on the date that the exemption takes effect. The owners and operators of the unit will be allocated allowances in accordance with subpart B of 40 CFR part 73 .

(b) Resumption of operation. A unit exempt under this section may not resume operation unless the designated representative of the source that includes the unit submits a complete acid rain portion of an operation permit application under s. NR 409.08 (2) for the unit not less than 24 months prior to the later of January 1, 2000 or the date on which the unit is first to resume operation.

(c) Duty to comply. The owners and operators and, to the extent applicable, the designated representative of a unit exempt under this section shall comply with the requirements of the acid rain program concerning all periods for which the exemption is not in effect, even if the requirements arise, or must be complied with, after the exemption takes effect.

(d) Scope of exemption. For any period for which a unit is exempt under this section, the unit is not an affected unit under this chapter and ch. NR 407 and is not eligible to be an opt-in source under 40 CFR part 74 . As an unaffected unit, the unit shall continue to be subject to any other applicable requirements under 40 CFR parts 70 and 72 .

(e) Recordkeeping. For a period of 5 years from the date the records are created, the owners and operators of a unit exempt under this section shall retain at the source that includes the unit records demonstrating that the unit is permanently retired. The 5-year period for keeping records may be extended for cause, at any time prior to the end of the period, in writing by the administrator or the department. The owners and operators bear the burden of proof that the unit is permanently retired.

(f) Loss of exemption.

1. On the earlier of the following dates, a unit exempt under sub. (2) or (3) shall lose its exemption and become an affected unit under this chapter and ch. NR 407 :

a. The date on which the designated representative submits an acid rain portion of an operation permit application under par. (b) .

b. The date on which the designated representative is required under par. (b) to submit an acid rain portion of an operation permit application.

2. For the purpose of applying monitoring requirements under 40 CFR part 75 , a unit that loses its exemption under this section shall be treated as a new unit that commenced commercial operation on the first date on which the unit resumes operation.

History: Cr. Register, April, 1995, No. 472 , eff. 5-1-95; r. and recr., Register, November, 1999, No. 527 , eff. 12-1-99.