Section 432.06. Timing requirements for allocations of CAIR NOx

  allowances and CAIR NO x ozone season allowances.

(1)   Allocations for 2009 to 2014. By April 30, 2007 or within 30 days after August 1, 2007, the department shall notify the administrator of the allocations of CAIR NO x allowances and CAIR NO x ozone season allowances for 2009 to 2014 for the units listed in Tables 1 and 2.

(2)   Allocations for 2015 and later years for units with 5 or more years of operating data.

(a) By June 1, 2011 and June 1 of each year thereafter, the department shall determine the allocations of CAIR NO x allowances and CAIR NO x ozone season allowances, in accordance with ss. NR 432.03 (1) and (2) and 432.05 (1) and (2) , which shall apply to CAIR NO x units and CAIR renewable units in the 4th year after the determination.

(b) By July 31, 2011 and July 31 of each year thereafter, the department shall notify the administrator of each unit's allocation of CAIR NO x allowances and CAIR NO x ozone season allowances under par. (a) for the fourth year after the year of the notification.

(3)   Allocations for units with less than 5 years of operating data.

(a) By June 1, 2009 and June 1 of each year thereafter, the department shall determine the allocations of CAIR NO x allowances and CAIR NO x ozone season allowances, in accordance with ss. NR 432.03 (1) , (3) and (4) and 432.05 (1) , (3) and (4) , for the year of the applicable determination under this section.

(b) By July 31, 2009 and July 31 of each year thereafter, the department shall notify the administrator of each unit's allocation of CAIR NO x allowances and CAIR NO x ozone season allowances under par. (a) for the year of the notification.

(4)   Public comments. On or before June 15, 2009 and on or before June 15 of each year thereafter, the department shall make available to the public each determination of CAIR NO x allowances and CAIR NO x ozone season allowances under sub. (1) , (2) or (3) and shall provide an opportunity for submission of objections to the determination within 20 days. Objections shall be limited to addressing whether the determination is in accordance with ss. NR 432.03 and 432.05 . Based on any objections, the department may adjust the determination to the extent necessary to ensure that it is in accordance with ss. NR 432.03 and 432.05 .

History: CR 06-104 : cr. Register July 2007 No. 619 , eff. 8-1-07.

Note

For example, in 2011, the department shall determine the allocations applicable in 2015 and in 2012, allocations for 2016. Microsoft Windows NT 6.1.7601 Service Pack 1