Section 432.08. Superior environmental performance.

 

(1)  The owner or operator of a CAIR NO x unit or a CAIR renewable unit may voluntarily perform activities that constitute superior environmental performance as defined in s. 299.83 (1) (g) , Stats., for participation in Tier II of the environmental results program under ss. 299.80 and 299.83 , Stats. These voluntary activities may include any of the following:

(a) Agreeing never to use a specified amount of CAIR NO x allowances or CAIR NO x ozone season allowances.

(b) Agreeing not to use a specified amount of CAIR NO x allowances or CAIR NO x ozone season allowances prior to a specified future year.

(c) Agreeing to reduce emissions of other pollutants such as sulfur dioxides, mercury, carbon dioxide or heavy metals beyond levels required by federal and state laws.

(2)  The level of environmental benefit provided by an entity that agrees to never use or to defer the use of a specified amount of CAIR NO x allowances or CAIR NO x ozone season allowances shall be based on the number of CAIR NO x allowances or CAIR NO x ozone season allowances involved and the number of years in which the allowances may not be used.

(3)  The environmental benefit provided by the reduction of emissions of pollutants other than NO x shall be based on the types of pollutants reduced and the amount of reduction beyond federal and state requirements.

(4)  In the context of a participation contract negotiated under the authority of s. 299.83 (6) , Stats., or cooperative agreements negotiated under the authority of s. 299.80 , Stats., reductions in recordkeeping, reporting or other administrative requirements related to state environmental regulations may be appropriate incentives for the activities described in sub. (1) . The amount of flexibility provided shall be proportional to the environmental benefits provided by the participant.

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