WHAT'S NEW:

RECENT REGULATIONS:

Wisconsin officials have revised their hazardous air pollutants rule. The first comprehensive revision to Wisconsin's hazardous air pollution rules added 148 hazardous air pollutants to those currently listed and revised the emission standards for 116 of the 438 air pollutants already listed. The state Natural Resources Board at its April 22, 2003 meeting approved revisions to NR 445 of the Wis. Admin. Code, under which the Department of Natural Resources regulates the emissions of hazardous air pollutants. The revisions represent the first comprehensive update of the rule since it was adopted in 1988.

The NR 445 section related to control requirements for stationary compression ignition internal combustion (CI) engines has been revised. Owners or operators of CI engines will need to combust low sulfur fuel no later than July 15 2006, instead of within 6 months of the effective date of the rule revision. Engines that remain or intend to remain at the same location for 12 consecutive months or more and burn 10,000 gallons/year or more will need to control their emissions. Under the draft rule, emissions needed to be controlled if (a) the engine either remained at the same location for 12 months (no change) or operated at a seasonal source for two years (deleted in revised rule) and (b) the engine, or an aggregation of engines, at that location burned 40,000 gallons/year or more (replaced in revised rule with a single engine that burned 10,000 gallons per year). The revised rule is modified to allow for increased ability to comply by using certified control devices as an alternative to Best Available Control Technology Requirements. In addition, the compliance schedule is simplified. The requirement to meet Best Available Control Technology for engine test facilities burning over 40,000 gallons per year is not changed.

The code was sent to state lawmakers for approval. NR 445 was codified into State law during a February 24-25 2004 meeting. The state maintains a website with further information on the rule change.

AIR EMISSIONS REGULATIONS:

Air Quality Status	There are nine areas in moderate nonattainment for the 8-hour ozone standard. Two areas in the state are designated under the Subpart 1 designation. EPA's Nonattainment Areas
Major Source Threshold	250 tons (100 for listed sources) of any criteria pollutant in attainment areas.
Minor Source Permitting Exemption	Size and fuel-based exemptions. Emergency electric generator powered by an internal combustion engine less than 3,000 kW.
Minor Source Treatment	Emission limits on opacity, NOx and PM
Emergency Generating Limits	Size and hourly operating limits

 

DE MINIMIS EXEMPTIONS

Units of the specified size and burning the following fuels are exempt from construction and operating permitting:

• Coal, coke or other solid fuels, except wood, and less than 1.0 MMBtu/hr
• Wood alone or wood in combination with gaseous or liquid fossil fuels and less than 5.0 MMBtu/hr
• Residual or crude oil less than 5.0 MMBtu/hr
• Distillate oil less than 10 MMBtu/hr
• Gaseous fossil fuel less than 25 MMBtu/hr

Units are exempt from construction and operating permits if the maximum PTE of the unit does not exceed:

• SO2, CO: 9 lb/hr
• PM, NOx, VOC: 5.7 lb/hr
• PM-10: 3.4 lb/hr
• Lead: 0.13 lb/hr

MINOR SOURCE PERMITTING

Sources that do not qualify for the above exemptions must obtain a minor source permit. In addition to a 20% opacity limit a source must meet the following limits:

Pollutant: PM
Type of Unit	Emissions Limit
Fuel burning equipment constructed or modified after 4/1/1972 < 250 MMBtu/hr	0.15 lbs/MMBtu
Units not located in the Southeast Wisconsin Interstate AQCR that burn wood or a combination of wood with solid or gaseous fuel < 100 MMBtu/hr	0.50 lbs/MMBtu
Units located in Subpart I of the Lake Michigan Air Quality Control Region (AQCR) that burn wood or a combination of wood with solid or gaseous fuel	0.30 lbs/MMBtu
Facilities located in certain areas whose aggregate particulate emissions may cause a modeled impact of 1 microgram per cubic meter or 5 micrograms per cubic meter over 24 hours may have further particulate restrictions.

 

NOx Limits for Boilers
Type of Unit	Emission limits on a 30-day rolling average
Burning solid fuel and <250 MMBtu/hr	0.20 lb/MMBtu
Burning gaseous fuel and >25 MMBtu/hr	0.05 lb/MMBtu
Burning distillate fuel and >25 MMBtu/hr	0.09 lb/MMBtu
Burning residual fuel >25 MMBtu/hr	0.15 lb/MMBtu

 

NOx Limits for Combustion Turbines
Type of Unit	Emission limits on a 30-day rolling average, corrected to 15% oxygen
simple cycle< 85 MWe	12 ppmdv
simple cycle > 40 MWe but < 85 MWe	9 ppmdv
simple cycle < 40 MWe	25 ppmdv
combined cycle >25 MWe	3 ppmdv
combined cycle <25 MWe	14 ppmdv
Distillate Fuel Oil-Fired Units
simple cycle and 85 MWe or >	25 ppmdv
simple cycle > 40 MWe but < 85 MWe	25 ppmdv
simple cycle < 40 MWe	65 ppmdv
combined cycle > 25 MWe	8 ppmdv
combined cycle < 25 MWe	25 ppmdv

 

SO2 Emission Limits for New Sources
Type of Unit	Emission limits
steam generating unit or other fuel burning equipment < 250 MMBtu/hr firing solid fossil fuel	3.2 lbs/MMBtu
steam generating unit or other fuel burning equipment firing residual fuel oil	1.5 lbs/MMBtu
Alternative SO2 Emission Limits *owners must apply for these special limits
Firing solid fossil fuel	5.5 lbs/MMBtu
Firing residual fuel oil	3.0 lbs/MMBtu

* The state also enforces SO2 limits, which vary based on the specific geographic location of the source.

Some sources that are required to obtain construction permits may be exempt from obtaining an operating permit. Facilities with actual emissions less than 10 tons of PM, PM-10, NOx, SO2, CO, and VOC and less than 0.5 tons lead are exempt from operating permit requirements.

 

MAJOR NSR/PSD PERMITTING

In attainment areas, 250 tons (100 tons of listed sources) of any criteria pollutant triggers PSD; in nonattainment areas, 100 tons triggers NSR.

TREATMENT OF EMERGENCY ENGINES

There is an exemption for emergency units powered by internal combustion engines which are fueled by gaseous fuels, gasoline, or distillate fuel oil with an electrical output of less than 3,000 kW and are limited to operating limits of 200 hrs/year.

SITING REQUIREMENTS FOR NON-UTILITY GENERATORS:

Most practical applications of onsite electrical generation will not require siting approval from the Wisconsin Public Service Commission.

A power plant with a designed capacity of 100 MW or more must have a Certificate of Public Convenience and Necessity (CPCN) from the Commission before plant-related construction may begin. In order to obtain the CPCN, an application must be filed with the Commission, and the following instructions should be considered.

The state maintains a Requirements for Power Plant and Power Line Development information site.

BUILDING, ZONING AND FIRE CODES:

Building Codes: Wisconsin enforces a statewide, mandatory building code called the Wisconsin Commercial Building Code. This code is based on the 2006 IBC with some amendments. Local jurisdictions may adopt more stringent amendments.

• Safety and Buildings Division Homepage

Energy Codes : For commercial buildings, Wisconsin enforces the 2006 IECC with state amendments.

• Division of Energy Services

Fire Codes: Wisconsin enforces the 2006 NFPA 1: Uniform fire code, with some amendments. This serves as a mandatory statewide minimum.

• Arson Bureau/Fire Marshal’s Office

Zoning: Zoning and planning happens at the local level. Check with each jurisdiction regarding their zoning codes.

Resources (information may not be as current as provided above)

A general overview of each state’s enacted codes can be found HERE.

The International Code Council Adoption page gives state-by-state adoption status of specific ICC codes, as well as information about code adoption by some municipal governments within that state.

Information about energy codes can be found at the DOE’s Building Codes for Energy Efficiency page or at the Building Codes Assistance Project.

INTERCONNECTION REQUIREMENTS:

The state of Wisconsin released finalized interconnection standards in February 2004. The Wisconsin Distributed Generation Interconnection Guidelines was developed in response to Wisconsin Statute §196.496, relating to the development of rules for the interconnection of distributed generation to electric providers. Wisconsin's cooperative electric utilities are not subject to §196.496, or the interconnection rules. However, cooperative electric utilities are encouraged to adopt guidelines. The rule covers all distributed generation facilities 15 MW and less. Regulations pertaining to interconnection are codified in Wisconsin Public Service Commission Rule 119.

There are five categories of DG systems, based on capacity:

• Category 1--20 kW or less
• Category 2--20 kW to 200 kW
• Category 3--Greater than 200 kW to 1 MW
• Category 4--Greater than 1 MW to 15 MW

The proposed rules spell out a screening process similar to that used in other states. There are 11 possible steps involved in the application process for all four DG categories:

• Generator submits application;
• Company conducts application review;
• Company conducts feasibility study;
• Applicant authorizes impact study;
• Company performs impact study;
• Applicant authorizes electric power system facility study;
• Company performs electric power system facility study;
• Applicant executes interconnection agreement, authorizes work and defrays costs;
• Project construction;
• Applicant completes commissioning, pre-parallel testing;
• Final acceptance, cost reconciliation, authorization to connect

Distributed Generation Interconnection Agreement (20 kW or less)

Distributed Generation Interconnection Agreement (Greater than 20 kW to 15 MW)

The table below lists the number of days a utility may take to study the interconnection of DG.

Utility Response Rules
Category	Generation Capacity After Modification	Working Days for Utility's Response to Proposed Modifications
Category 1	20 kW or less	20
Category 2	Greater than 20 kW to 200 kW	40
Category 3	Greater than 200 kW to 1 MW	60
Category 4	Greater than 1 MW to 15 MW	60

The table below details each utility's fee for pre-interconnection studies of DG.

Interconnection Fees
Category	Nameplate Rating	Application Review Fee	Engineering Review Fee	Distribution System Study Fee
Category 1	20 kW or less	None	None	None
Category 2	Greater than 20 kW to 200 kW	$250	Max. $500	Max. $500
Category 3	Greater than 200 kW to 1 MW	$500	Actual Cost Based	Actual Cost Based
Category 4	Greater than 1 MW to 15 MW	$1,000	Actual Cost Based	Actual Cost Based

A generator is also required to carry insurance at the rates in the table below.

Liability Insurance Requirements
Category	Nameplate Rating	Minimum Liability Insurance Required
Category 1	20 kW or less Generating Facility	$300,000
Category 2	Greater than 20 kW to 200 kW	$1,000,000
Category 3	Greater than 200 kW to 1 MW	$2,000,000
Category 4	Greater than 1 MW to 15 MW	Negotiated

EXIT FEES:

There is no statewide policy on exit fees. However, no utility charges exit fees.

UTILITY STANDBY RATES:

Wisconsin does not have a statewide standby rate policy. Relevant provisions for Wisconsin utilities are summarized below.

Wisconsin Electric Power Co (We Energies) - General Primary Service Optional Standby: Standby service is provided based on a contract with the utility for a specified amount of demand. Billing demand is based on the maximum 15 minute demand of the month less the contract demand, with no ratchet. Rate information is available at: http://www.we-energies.com/business_new/elec/elecrateswi.htm

Wisconsin Public Service Corp - Small C&I Service TOU: Standby service is provided at the regular rate the site would be charged if they did not generate power plus a minimum demand fee for standby service. The demand component of the regular tariff is relatively high. Billing demand is based on the maximum demand of the month with a 12 month ratchet. Rate available at: http://www.wisconsinpublicservice.com/news/wirates.asp