285.47(2)
(2) Goal. It is the goal of this state that, beginning with 1991, the total annual nitrogen oxide emissions from all major utilities do not exceed 135,000 tons.
285.47 History
History: 1985 a. 296;
1987 a. 186;
1995 a. 27;
1995 a. 227 s.
484; Stats. 1995 s. 285.47.
285.48
285.48
Nitrogen oxide emissions reductions. 285.48(1)(a)
(a) "Call" means a call to implement a state implementation plan that is issued by the federal environmental protection agency before October 29, 1999, or after that date arising out of a call issued before that date, including a call issued after that date pursuant to a federal court order or otherwise.
285.48(1)(cm)
(cm) "Nonutility stationary or mobile source" means a stationary or mobile source that is not an electric generating facility owned by a public utility or electric cooperative.
285.48(1)(d)
(d) "Northwestern county" means Ashland, Barron, Bayfield, Buffalo, Burnett, Chippewa, Clark, Douglas, Dunn, Eau Claire, Iron, Jackson, La Crosse, Monroe, Pepin, Pierce, Polk, Price, Rusk, Sawyer, St. Croix, Taylor, Trempealeau, Vernon or Washburn county.
285.48(1)(e)
(e) "Other county" means a county that is not a northwestern county.
285.48(1)(g)
(g) "State implementation plan" means a state implementation plan for control of atmospheric ozone in another state.
285.48(1)(h)
(h) "Summer" means the period beginning on May 1 and ending on September 30 of each year.
285.48(2)
(2) Applicability. This section applies if the department of natural resources, pursuant to a call, issues a state implementation plan that requires electric generating facilities in the midcontinent area of this state to comply with nitrogen oxide emission reduction requirements. If the department of natural resources issues such a plan, the department of natural resources shall notify the department of administration and the public service commission. The notice shall specify the date on which electric generating facilities in the midcontinent area of this state are required to comply with the initial nitrogen oxide emission reduction requirements.
285.48(3)
(3) Nitrogen oxide emissions standards and limitations. 285.48(3)(a)(a) In establishing nitrogen oxide emission reduction requirements for the control of atmospheric ozone in another state pursuant to a call, the department may not, in a state implementation plan, by rule or through the adoption of control strategies, establish nitrogen oxide emissions standards or limitations that do any of the following:
285.48(3)(a)1.
1. Require less than 2,234 tons, or the greater number of tons determined under
par. (d) 1., in total nitrogen oxide emissions each summer from all electric generating facilities located in northwestern counties that are owned by electric cooperatives.
285.48(3)(a)2.
2. Require less than 315 tons, or the greater number of tons determined under
par. (d) 1., in total nitrogen oxide emissions each summer from all electric generating facilities located in northwestern counties that are owned by public utilities.
285.48(3)(a)3.
3. Require less than 15,157 tons, or the greater number of tons determined under
par. (d) 1., in total nitrogen oxide emissions each summer from all electric generating facilities located in other counties owned by public utilities or electric cooperatives.
285.48(3)(b)
(b) The department shall issue emissions allowances in a number that is sufficient to allow the emissions specified in
par. (a).
285.48(3)(c)
(c) In establishing nitrogen oxide emission reduction requirements for the control of atmospheric ozone in another state pursuant to a call, the department may not, with respect to any nonutility stationary or mobile source in this state, in a state implementation plan, by rule or through the adoption of control strategies, establish nitrogen oxide emissions standards or limitations that do any of the following:
285.48(3)(c)1.
1. Require any reductions in nitrogen oxide emissions for any boiler, turbine or internal combustion engine the designed heat input of which is 250 million British thermal units per hour or less.
285.48(3)(c)2.
2. Require reductions of nitrogen oxide emissions that are in addition to those reductions required by or projected for nonutility stationary or mobile sources based on source-specific nitrogen oxide inventory data or other subinventory information used by the federal environmental protection agency to establish state nitrogen oxide emission budgets concerning interstate pollution transport.
285.48(3)(c)3.
3. Require any additional reductions of nitrogen oxide emissions from nonutility stationary or mobile sources in this state due to this section, including the reduction requirements under
par. (a).
285.48(3)(d)
(d) If the department of natural resources implements a state implementation plan specified in
sub. (2) in a manner that requires reductions in nitrogen oxide emissions that are lower than the reductions set forth in the call published on October 27, 1998, the department of natural resources shall do each of the following:
285.48(3)(d)1.
1. Determine the amounts by which the number of tons specified in
par. (a) 1.,
2. and
3. shall be increased to reflect the lower reductions.
285.48(3)(d)2.
2. Take action that is necessary to relax any related emissions control requirements in a manner that reflects the lower reductions.
285.48(3)(d)2m.
2m. Determine the amounts by which reduction requirements for any nonutility stationary or mobile source in this state shall be relaxed to reflect the lower reductions.
285.48(3)(d)3.
3. Determine the amount by which the $2,400,000 in assessments under
s. 196.86 (2) shall be decreased to reflect the lower reductions and provide notice of the decreased amount to the public service commission.
285.48(3)(d)4.
4. Determine the amount by which the $2,500,000 that is transferred to the air quality improvement fund under
s. 16.958 (2) (a) shall be decreased to reflect the lower reductions and provide notice of the decreased amount to the department of administration.
285.48(4)
(4) Low-income weatherization and energy conservation measures; renewable energy uses. The department shall ensure that at least 866 tons of total annual reductions in nitrogen oxide emissions required under the state implementation plan are achieved through any of the following:
285.48(4)(a)
(a) The use of renewable energy, including renewable energy that is provided by electric providers for the purpose of complying with the requirements of
s. 196.378 (2) (a), or renewable energy that is used under programs specified in
s. 196.374 (2) (d) that are funded by expenditures under
s. 196.374 (3).
285.48 History
History: 1999 a. 9,
75.
285.49
285.49
Trading program for nitrogen oxide emissions credits. The department shall establish or authorize air contaminant sources to participate in a market-based trading program for the purchase, sale and transfer of nitrogen oxide emissions credits for use in any state implementation plan under
s. 285.11 (6) that requires reductions in nitrogen oxide emissions. To the extent allowed under federal law, the department shall allow nitrogen oxide emissions reductions by any source in this state, regardless of whether the source is subject to nitrogen oxide controls under a state implementation plan, to be purchased, sold or transferred under the trading program.
285.49 History
History: 1999 a. 9.
WASTE INCINERATORS; OZONE DEPLETING
SUBSTANCES; EMISSION LIMITS
AND OTHER REQUIREMENTS
285.51
285.51
Solid waste incinerator operator certification. 285.51(2)
(2) The department shall, by rule, establish a program for the certification of persons participating in or responsible for the operation of solid waste treatment facilities that burn solid waste. The certification requirements shall take effect on January 1, 1993. The department shall do all of the following:
285.51(2)(a)
(a) Identify those persons or positions involved in the operation of a solid waste treatment facility who are required to obtain certification.
285.51(2)(b)
(b) Establish the requirements for and term of initial certification and requirements for recertification upon expiration of that term. At a minimum, the department shall require applicants to complete a program of training and pass an examination in order to receive initial certification.
285.51(2)(c)
(c) Establish different levels of certification and requirements for certification for different sizes or types of facilities, as the department determines is appropriate.
285.51(2)(d)
(d) Impose fees for the operator training and certification program.
285.51(2)(e)
(e) Require that there be one or more certified operators on the site of a solid waste treatment facility at all times during the facility's hours of operation.
285.51(3)
(3) The program under
sub. (2) does not apply with respect to any of the following:
285.51(3)(b)
(b) A solid waste treatment facility for the treatment of hazardous waste.
285.51(3)(d)
(d) A solid waste treatment facility of a type exempted from the program by the department by rule.
285.51(4)
(4) The training required under
sub. (2) (b) may be conducted by the department or by another person with the approval of the department.
285.51(5)
(5) The department may suspend or revoke a solid waste treatment facility's operating license if persons at the facility fail to obtain certification required under
sub. (2) (a) or for failure to have a certified operator on the site as required under
sub. (2) (e).
285.51(6)
(6) The department may suspend or revoke an operator's certification for failure to comply with this chapter, rules promulgated under this chapter or conditions of operation made applicable to a solid waste treatment facility by the department.
285.51 History
History: 1995 a. 227 s.
457,
989.
285.53
285.53
Testing emissions from medical waste incinerators. 285.53(1)(1)
Testing for hazardous substances. 285.53(1)(a)(a)
Applicability. This subsection applies to a medical waste incinerator, as defined in
s. 287.07 (7) (c) 1. cr., that has a capacity of 5 tons or more per day.
285.53(1)(b)1.1. A person operating or responsible for the operation of a medical waste incinerator described in
par. (a) shall test emissions of particulates, dioxins, furans, arsenic, lead, hexavalent chromium, cadmium, mercury and any other hazardous substance identified by the department by rule, at least as often as follows:
285.53(1)(b)2.
2. A person operating or responsible for the operation of a medical waste incinerator described in
par. (a) shall report the results of the testing under
subd. 1. to the department and the city, village or town in which the medical waste incinerator is located.
285.53(1)(c)1.1. The department shall provide an analysis of the test results submitted under
par. (b) 2. to the city, village or town in which the medical waste incinerator is located.
285.53(1)(c)2.
2. The city, village or town in which the medical waste incinerator is located shall publish the analysis provided under
subd. 1. as a class 1 notice under
ch. 985.
285.53(1)(c)3.
3. The department may charge the person operating or responsible for the operation of the medical waste incinerator a fee for reviewing and preparing the analysis of the test results.
285.53(2)
(2) Continuous monitoring. A person operating or responsible for the operation of a medical waste incinerator, as defined in
s. 287.07 (7) (c) 1. cr., shall continuously monitor emissions from the medical waste incinerator.
285.53 History
History: 1989 a. 335;
1991 a. 300;
1995 a. 227 s.
479; Stats. 1995 s. 285.53.
285.54
285.54
Medical waste incinerator fees. 285.54(1)(b)
(b) "Municipality" means a city, village or town.
285.54(2)
(2) A municipality may, by ordinance, impose a fee, in accordance with rules promulgated under
s. 287.03 (1) (am), on the operator of a medical waste incinerator located in the municipality to cover the costs incurred because of the presence of the medical waste incinerator, including costs of monitoring emissions and of providing periodic notification to residents concerning the medical waste incinerator. The fee imposed under this section may not exceed $1 per ton of waste that is incinerated at the medical waste incinerator unless the municipality and the operator of the medical waste incinerator agree to a higher fee.
285.54 History
History: 1989 a. 335;
1995 a. 227;
1999 a. 150 s.
373; Stats. 1999 s. 285.54.
285.55
285.55
Medical waste incinerator moratorium. 285.55(2)
(2) Except as provided in
sub. (3),
(4),
(5) or
(6), the department may not issue an air pollution control permit for the construction or modification of a medical waste incinerator or an initial license under
s. 289.31 for a medical waste incinerator.
285.55(3)
(3) Subsection (2) does not apply to the issuance of a license under
s. 289.31 for ash management for a medical waste incinerator that is operating on May 14, 1992, or has an air pollution control permit on May 14, 1992.
285.55(4)
(4) Subsection (2) does not apply to the issuance of an air pollution control permit or a license under
s. 289.31 for the construction or modification of a medical waste incinerator by one or more hospitals, as defined in
s. 50.33 (2), clinics, as defined in
s. 287.07 (7) (c) 1. a., or nursing homes, as defined in
s. 50.01 (3), if all of the following apply:
285.55(4)(a)
(a) The construction or modification is designed to treat medical waste generated by one or more hospitals, clinics or nursing homes that are identified in the application for the air pollution control permit or the license under
s. 289.31 and that are located in the county in which the medical waste incinerator is located or in an adjacent county in this state.
285.55(4)(b)
(b) If the air pollution control permit is for modification of a medical waste incinerator, the modification does not expand the capacity of the medical waste incinerator, except that if the modified medical waste incinerator replaces one or more other medical waste incinerators that are in operation on May 14, 1992, and that are used by the hospitals, nursing homes or clinics identified in the application for the air pollution control permit, the modification may increase the capacity of the medical waste incinerator that is proposed to be modified by no more than the capacity of the medical waste incinerators that it replaces.
285.55(4)(c)
(c) If the air pollution control permit is for construction of a medical waste incinerator, the proposed medical waste incinerator replaces one or more medical waste incinerators that are in operation on May 14, 1992, and that are used by the hospitals, nursing homes or clinics identified in the application for the air pollution control permit and the proposed medical waste incinerator does not have a greater capacity than the medical waste incinerators that it replaces.
285.55(5)
(5) Subsection (2) does not apply to the issuance of an air pollution control permit or a license under
s. 289.31 for the construction of a medical waste incinerator in a 4th class city if all of the following apply:
285.55(5)(a)
(a) The air pollution control permit for the proposed medical waste incinerator replaces an air pollution control permit that was issued by the department before May 14, 1992, for a medical waste incinerator that was proposed to be constructed at the same location but that has not been constructed before April 28, 1994.
285.55(5)(b)
(b) The proposed medical waste incinerator does not have a greater capacity than the medical waste incinerator that it replaces.
285.55(5)(c)
(c) The air pollution control permit for the proposed medical waste incinerator contains an emission limit for each air contaminant covered by the air pollution control permit that is lower than the emission limit for that air contaminant in the air pollution control permit that is being replaced.
