Wisconsin § 285.41 - Sulfur dioxide emission rates after 1992; major utilities.

§ 285.41. Sulfur dioxide emission rates after 1992; major utilities.

285.41(1) (1) Definitions. In this section: 285.41(1)(a) (a) “Annual emissions” means the number of pounds of sulfur dioxide emissions from all boilers under the ownership or control of a major utility in a given year. 285.41(1)(b) (b) “Annual heat input” means the heat input, measured in millions of British thermal units, from all boilers under the ownership or control of a major utility in a given year. 285.41(1)(c) (c) “Boiler” means a fossil fuel-fired boiler. 285.41(1)(d) (d) “Commission” means the public service commission. 285.41(1)(e) (e) “Environmental dispatching” means the operation of the various units under the ownership or control of a major utility in a manner that minimizes the discharge of sulfur dioxide emissions rather than minimizing the cost of operation. 285.41(1)(f) (f) “Major utility” means a Class A utility, as defined under s. 199.03 (4) , which generates electricity or an electrical cooperative association organized under ch. 185 , if the total sulfur dioxide emissions from all stationary air contaminant sources in this state under the ownership or control of the utility or association exceeded 5,000 tons in any year after 1979. 285.41(1)(g) (g) “Traded emissions” means the pounds of sulfur dioxide emissions in a given year that a major utility which is the grantor in an agreement under sub. (2) (b) 1. makes available to the major utility which is the grantee in the agreement. 285.41(2) (2) Corporate emission rate; trading. 285.41(2)(a) (a) Except as provided under sub. (4) , beginning with 1993, the average number of pounds of sulfur dioxide emissions per million British thermal units of heat input from all boilers under the ownership or control of a major utility for any year may not exceed 1.20. 285.41(2)(b) (b) 285.41(2)(b)1. 1. Two major utilities may enter into an agreement for trading emissions unless the sum of the proposed traded emissions and the projected annual emissions of the grantor major utility for the year to which the agreement will apply would exceed the actual annual emissions of the grantor major utility in 1985. 285.41(2)(b)2. 2. To determine whether the major utility that is the grantor in an agreement under subd. 1. is in compliance with par. (a) in a given year, the department shall add the traded emissions and the grantor’s annual emissions and divide the sum by the annual heat input of the grantor. 285.41(2)(b)3. 3. To determine whether the major utility that is the grantee in an agreement under subd. 1. is in compliance with par. (a) in a given year, the department shall subtract the traded emissions from the grantee’s annual emissions and divide the difference by the annual heat input of the grantee. 285.41(4) (4) Variance. 285.41(4)(a) (a) Request; variance conditions. A major utility may request a variance from the emission rate under sub. (2) (a) by submitting the request to the department. No request for a variance may be submitted if the department has served the major utility with written notice under s.