Section 446.16. Electric reliability compliance extension.

 

(1)  The owner or operator of a coal-fired EGU subject to s. NR 446.13 , or electing to comply with s. NR 446.13 or 446.14 , may request an extension to achieve compliance with the applicable mercury, NO x or SO 2 emission limitations.

(2)  The department may grant an extension under this section if, in consultation with the public service commission, the department determines that the information submitted by the owner or operator supports a conclusion that without the extension a major electrical supply disruption is likely to occur. An extension may not be granted beyond January 1, 2017.

(3)  The owner or operator shall submit a written request for extension to the department at the time the emission limitation election in s. NR 446.17 (2) is provided.

(4)  The request shall provide sufficient information concerning the conditions on which the request is based to demonstrate to the department's satisfaction that an extension is warranted. In addition, the request shall include all of the following:

(a) The proposed control equipment installation schedule for all coal-fired EGUs the owner or operator has included in the request to meet the requirements of this subchapter.

(b) The additional period of time being requested.

(c) The alternative annual emission limitations for mercury, NO x or SO 2 that will be achieved during the period of the requested extension.

(d) The reasons why the owner or operator is unable to meet the January 1, 2015 compliance schedule and emission limitations in s. NR 446.13 or 446.14 .

(5)  Within 180 days after the receipt of a completed request, the department shall notify the applicant in writing of the reasons for denying, approving or conditionally approving any request for an extension.

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