Section 409.13. Compliance certification.

 

(1)   Annual compliance certification report.

(a) Applicability and deadline. For each calendar year in which a unit is subject to the acid rain emissions limitations, the designated representative of the source at which the unit is located shall submit to the administrator and to the department, within 60 days after the end of the calendar year, an annual compliance certification report for the unit in compliance with 40 CFR 72.90 . For the purpose of determining compliance with the acid rain emissions limitations and reduction requirements, total tons for a year shall be calculated as the sum of all recorded hourly emissions, or the tonnage equivalent of the recorded hourly emissions rates, in accordance with 40 CFR part 75 , with any remaining fraction of a ton equal to or greater than 0.50 ton deemed to equal one ton and any fraction of a ton less than 0.50 ton deemed not to equal any ton.

(b) Satisfying other requirements. The submission of complete compliance certifications in accordance with par. (a) and 40 CFR part 75 shall be deemed to satisfy the requirement to submit compliance certifications under this chapter and chs. NR 406 and 407 with regard to the acid rain portion of the source's operation permit.

(2)   Units with repowering extension plans.

(a) Design and engineering and contract requirements. No later than January 1, 2000, the designated representative of a unit governed by an approved repowering plan shall submit to the administrator and the department:

1. Satisfactory documentation of a preliminary design and engineering effort.

2. A binding letter agreement for the executed and binding contract, or for each in a series of executed and binding contracts, for the majority of the equipment to repower the unit using the technology conditionally-approved by the administrator under 40 CFR 72.44 (d) (3).

3. The letter agreement under subd. 2. shall be signed and dated by each party and specify:

a. The parties to the contract;

b. The date each party executed the contract;

c. The unit to which the contract applies;

d. A brief list identifying each provision of the contract;

e. Any dates to which the parties agree, including construction completion date;

f. The total dollar amount of the contract; and

g. A statement that a copy of the contract is on site at the source and shall be submitted upon written request of the administrator or the department.

(b) Removal from operation to repower. The designated representative of a unit governed by an approved repowering plan shall notify the administrator and the department in writing at least 60 days in advance of the date on which the existing unit is to be removed from operation so that the qualified repowering technology can be installed, or is to be replaced by another unit with the qualified repowering technology, in accordance with the plan.

(c) Commencement of operation. Not later than 60 days after the unit repowered under an approved repowering plan commences operation at full load, the designated representative of the unit shall submit a report to the administrator and the department comparing the actual hourly emissions and percent removal of each pollutant controlled at the unit to the actual hourly emissions and percent removal at the existing unit under the plan prior to repowering, determined in accordance with 40 CFR part 75 .

(d) Decision to terminate. If at any time before the end of the repowering extension and before completion of construction and startup testing, the owners and operators decide to terminate good faith efforts to design, construct and test the qualified repowering technology on the unit to be repowered under an approved repowering plan, then the designated representative shall submit a notice to the administrator and the department by the earlier of the end of the repowering extension or a date within 30 days of the decision, stating the date on which the decision was made.

History: Cr. Register, April, 1995, No. 472 , eff. 5-1-95.