Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 432 - Allocation of clean air interstate rule NOx allowances › Section NR 432.01 - Applicability; purpose

Current through June 24, 2024
(1) APPLICABILITY.
(a) This chapter applies to the owner or
			operator of any source that includes a CAIR NOx unit or
			a CAIR renewable unit. A CAIR NOx unit is any
			stationary, fossil fuel-fired boiler or stationary, fossil fuel-fired
			combustion turbine which has served at any time, since the later of November
			15, 1990 or the start-up of the unit's combustion chamber, a generator with
			nameplate capacity of more than 25 MWe producing electricity for sale, except
			for those units that are excluded under par. (b).
Note: In addition, a CAIR NOx unit is
			  subject to the requirements of 40 CFR part 97, Subparts AA, BB, CC, FF, GG, HH,
			  AAAA, BBBB, CCCC, FFFF, GGGG, and HHHH.
(b) The following units are not CAIR
			NOx units:
1. Any unit
			qualifying as a cogeneration unit during the 12-month period starting on the
			date the unit first produces electricity and continuing to qualify as a
			cogeneration unit and which does not serve at any time, since the later of
			November 15, 1990 or the start-up of the unit's combustion chamber, a generator
			with a nameplate capacity of more than 25 MWe supplying in any calendar year
			more than one-third of the unit's potential electrical output capacity or
			219,000 MWh, whichever is greater, to any utility power distribution system for
			sale.
2. Any solid waste
			incineration unit that commenced operation before January 1, 1985 and which had
			an average annual fuel consumption of non-fossil fuel for 1985 to 1987
			exceeding 80% of the unit's total average annual fuel consumption for the
			period, on a Btu basis, and an average annual fuel consumption of non-fossil
			fuel for any 3 consecutive calendar years after 1990 exceeding 80% of the
			unit's total average annual fuel consumption for the same 3-year period, on a
			Btu basis.
3. Any solid waste
			incineration unit that commenced operation on or after January 1, 1985 and
			which had an average annual consumption of non-fossil fuel for the first 3
			calendar years of operation exceeding 80% of the unit's total fuel consumption,
			on a Btu basis, and an average annual consumption of non-fossil fuel for any 3
			consecutive calendar years after 1990 exceeding 80% of the unit's total fuel
			consumption, on a Btu basis.
(c) If a stationary boiler or stationary
			combustion turbine, that under par. (a), is not a CAIR
			NOx unit, begins to combust fossil fuel or to serve a
			generator with a nameplate capacity of more than 25 MWe producing electricity
			for sale, the unit shall become a CAIR NOx unit on the
			first date on which it both combusts fossil fuel and serves the generator as
			provided in par. (a).
(d) If a unit
			qualifies as a cogeneration unit during the 12-month period starting on the
			date the unit first produces electricity and meets the requirements of par. (b)
			1. for at least one calendar year, but subsequently no longer meets the
			requirements, the unit shall become a CAIR NOx unit
			starting on the earlier of January 1 of the year immediately after the first
			calendar year during which the unit first no longer qualifies as a cogeneration
			unit or January 1 of the year immediately after the first calendar year during
			which the unit no longer meets the requirements of par. (b) 1.
(e) If a unit qualifies as a solid waste
			incineration unit and meets the requirements of par. (b) 2. or 3. for at least
			3 consecutive calendar years, but subsequently no longer meets all the
			requirements, the unit shall become a CAIR NOx unit
			starting on the earlier of January 1 of the year immediately after the first
			calendar year during which the unit first no longer qualifies as a solid waste
			incinerator unit or January 1 of the year immediately after the first 3
			consecutive calendar years after 1990 for which the unit has an average annual
			fuel consumption of fossil fuel of 20% or more of the unit's total fuel
			consumption.