Section NR 446.17 - Annual compliance report, emission limitation election and BACT determination(1) ANNUAL COMPLIANCE REPORT. By July 1, 2017, the owner or operator of a coal-fired EGU subject to this subchapter shall prepare and submit a compliance report for the initial period of April 16, 2016 to April 15, 2017. On or before March 1, 2018, and on or before March 1 of every calendar year thereafter, the owner or operator of a coal-fired EGU subject to this subchapter shall prepare and submit a compliance report for the previous calendar year. The report shall include all of the following: (a) The actual mercury emissions and, if subject to NOx and SO2 emission limitations under this subchapter, the actual NOx and SO2 emissions from each coal-fired EGU for the previous year following the methodology in s. NR 446.18.(b) The designated emission limitations under sub. (2) for each coal-fired EGU.(c) The amount of early reduction emission credits certified under s. NR 446.15 and currently held by the owner or operator, in pounds, and the amount of certified early reduction emission credits being surrendered.(d) A comparison of annual actual emissions minus any surrendered early emission reduction credits to the annual allowable emissions, in pounds, for each coal-fired EGU by the applicable emission limitation requirement established in sub. (2) using the methods and procedures in s. NR 446.18. Note: The compliance periods and compliance report due dates are specified in order to allow for 12 month emission averaging periods in complying with large EGU emission limitations, and in complying with small EGU emission limitation if appropriate. The initial compliance report due by July 1, 2017 will demonstrate compliance for the period of April 16, 2016 to April 15, 2017. The second compliance report will be due on March 1, 2018 and will demonstrate compliance for the period of January 1, 2017 to December 31, 2017. All subsequent reports will be due on March 1 of each year and will demonstrate compliance for the previous calendar year.
(2) EMISSION LIMITATION ELECTION. (a) No later than December 31, 2010, owners or operators of coal-fired EGUs affected by the requirements of this subchapter shall identify for each unit under their ownership or control the mercury emission limitations in this subchapter for those units including any elections made under ss. NR 446.12(2) and 446.14(1). This identification shall be made to the department in writing.(b) Within 90 days after the receipt of the report in sub. (1), the department shall notify the owner or operator in writing of the emission limitation designations for each coal-fired EGUs subject to this subchapter.(c) Designations by the department under par. (b) shall establish emission limitation requirements under this subchapter.(3) BACT DETERMINATION FOR SMALL COAL-FIRED ELECTRIC GENERATING UNITS. (a) No later than June 30, 2011, owners or operators of small coal-fired EGUs subject to s. NR 446.12 shall provide the department with a preliminary BACT determination.(b) Notwithstanding par. (a), a small coal-fired EGU designated by the department under sub. (2) to meet the emission limitations in s. NR 446.13 or are 446.14 not required to provide a preliminary BACT determination.(c) The owner or operator shall submit the information required in par. (a) on the application form required for an operation permit, an amendment to an application, or renewal of the operation permit, as applicable.(d) Within 180 days after the receipt of the information in par. (c), the department shall approve, conditionally approve or disapprove the owner's or operator's preliminary BACT determination.Wis. Admin. Code Department of Natural Resources NR 446.17
CR 07-036: cr. Register November 2008 No. 635, eff. 12-1-08; CR 13-089: am. (1) (intro.) Register July 2014 No. 703, eff. 8-1-14.