285.63(7)(a)(a) Subject to the conditions and restrictions specified in this subsection, the department shall grant use of the growth accommodation as a means for a stationary source to comply with either
sub. (1) (b) or
(2) (a), or both
subs. (1) (b) and
(2) (a).
285.63(7)(b)
(b) Upon application by a source, the department shall certify to the applicant a growth accommodation credit in the amount requested subject to all of the following conditions:
285.63(7)(b)1.
1. The applicant demonstrates to the satisfaction of the department that it is unable, through reasonable means which could include installation of the best available control technology, to eliminate its need for a growth accommodation credit by reducing emissions of volatile organic compounds from any stationary sources that it owns or operates in the volatile organic compound accommodation area. If the department determines that an applicant could, through reasonable means, reduce the amount of growth accommodation credit applied for by reducing emissions of volatile organic compounds from any stationary sources that it owns or operates in the volatile organic compound accommodation area, the department shall certify to the applicant a growth accommodation credit equal to the amount requested by the applicant minus the amount by which the department finds the source could, through reasonable means, reduce emissions from other stationary sources that it owns or operates in the volatile organic compound accommodation area.
285.63(7)(b)2.
2. Except as provided in
s. 285.69 (5) (d), the applicant is in compliance or is complying with an approved schedule to be in compliance with this chapter and
s. 299.15 with respect to all stationary sources that it owns or operates and has paid the fees required under
s. 285.69 (5).
285.63(7)(b)3.
3. Except as provided in
subd. 8., the growth accommodation reported for the current year under
s. 285.39 (2) (b) 1., after reduction by the amount of the proposed growth accommodation credit and any growth accommodation credits issued since the date of the report, is greater than 2,500 tons.
285.63(7)(b)4.
4. If the growth accommodation reported for the current year under
s. 285.39 (2) (b) 1., less a reduction by the amount of any growth accommodation credits issued since the date of the report under
s. 285.39 (2) (b) 1., is greater than 3,000 tons, the department may certify to the applicant no more than the amount of the growth accommodation reported for the current year under
s. 285.39 (2) (b) 1., less the sum of 2,750 tons and any growth accommodation credits issued since the date of the report under
s. 285.39 (2) (b).
285.63(7)(b)5.
5. If the growth accommodation reported for the current year under
s. 285.39 (2) (b) 1., after reduction by the amount of any growth accommodation credits issued since the date of the report under
s. 285.39 (2) (b) 1., is greater than 2,500 tons but less than or equal to 3,000 tons, the department may certify no more than 250 tons to the applicant in that year.
285.63(7)(b)6.
6. The applicant agrees to forfeit any unused growth accommodation credits that the department determines the applicant does not need, as provided under
sub. (8).
285.63(7)(b)7.
7. The applicant agrees not to sell or transfer any amount of the growth accommodation credit to any person other than the department.
285.63(7)(b)8.
8. If the growth accommodation reported for the current year under
s. 285.39 (2) (b) 1., after reduction by the amount of the proposed growth accommodation credit and any growth accommodation credits issued since the date of the report, would be 2,500 tons or less, the department may certify to the applicant a growth accommodation credit in the amount determined under this section if, because of facility shutdowns or replenishment activities under
s. 285.39 that have occurred, the growth accommodation for the next succeeding year after reduction by the amount of the growth accommodation credit will be greater than 2,500 tons.
285.63(7)(b)9.
9. An applicant shall inform the department of the date or dates when it will need to use any given amount of the growth accommodation credit. The department shall certify to the applicant the proper amount of the growth accommodation credit on the date which the applicant states it will need it and shall reserve the proper amount of the growth accommodation credit for certification to the applicant upon the date needed, except for any amount which is forfeited under
sub. (8). The department may use reserved growth accommodation credits to certify temporary growth accommodation credits which expire on or before the date when they are certified to the source which reserved them.
285.63(7)(b)10.
10. Upon request by an applicant, the department may certify to the applicant a growth accommodation credit which expires upon a date designated in the permit. The applicant shall sign a statement to acknowledge the expiration date of the permit. Growth accommodation credits issued under this subdivision may be certified from growth accommodation credits reserved by another source under
subd. 9.
285.63(7)(c)
(c) Nothing in this subsection grants the recipient of a growth accommodation credit a property right to emit volatile organic compounds.
285.63(7)(d)
(d) Notwithstanding
pars. (a) and
(b) (intro.), the department may not grant use of the growth accommodation under this subsection for an air pollution control permit application submitted after July 1, 1992, as long as the growth accommodation area is designated under
42 USC 7407 as an ozone nonattainment area.
285.63(8)
(8) Forfeiture of growth accommodation credits. Within 4 years after the department certifies, under
sub. (7), a growth accommodation credit to an applicant or reserves for the future use of an applicant a growth accommodation credit, and at least every 4 years thereafter, the department shall determine whether the certified or reserved growth accommodation credit is reasonably necessary for the applicant's current use and future plans. If the department determines that any amount of the certified or reserved growth accommodation credit is not reasonably necessary for the applicant's current use and if the applicant cannot demonstrate to the satisfaction of the department that any amount of the certified or reserved growth accommodation credit is reasonably necessary for the applicant's future plans, the applicant shall forfeit an amount of the growth accommodation credit, as determined by the department. The department shall deposit the forfeited amount of the growth accommodation credit in the growth accommodation replenishment.
285.63(9)
(9) Restriction on emission reduction option programs. 285.63(9)(a)(a) No emissions of volatile organic compounds may be used in an emission reduction option program if:
285.63(9)(a)1.
1. The program involves a grantee of emissions of volatile organic compounds that is different than the grantor of emissions of volatile organic compounds; and
285.63(9)(a)2.
2. The emissions of volatile organic compounds specified in the program are from a recorded source.
285.63(9)(b)
(b) In this subsection, "recorded source" means a stationary source in the volatile organic compound accommodation area owned or operated by any person who owns or operates on May 17, 1988, a stationary source whose actual 1980 emissions of volatile organic compounds are recorded as zero in the 1982 plan approved by the U.S. environmental protection agency under
42 USC 7502 (a).
285.63(10)
(10) Requirements for medical waste incinerators. 285.63(10)(b)
(b) In addition to the requirements under
subs. (1) to
(3), the department may approve an application submitted after May 14, 1992, for a permit required or allowed under
s. 285.60 for the construction of a medical waste incinerator or for the modification of a medical waste incinerator that expands the capacity of the medical waste incinerator only if it finds that the new or modified medical waste incinerator will be needed and that the site of the medical waste incinerator is appropriate.
285.63(10)(c)
(c) The department shall consider all of the following in evaluating the need for the proposed medical waste incinerator:
285.63(10)(c)1.
1. An approximate service area for the proposed medical waste incinerator that encompasses all sources of waste that could potentially be burned in the medical waste incinerator. The department shall delineate the service area based on the economics of waste collection, transportation and treatment.
285.63(10)(c)2.
2. The quantity of waste that could potentially be burned in the proposed medical waste incinerator and that is generated within the anticipated service area.
285.63(10)(c)3.
3. The remaining capacity or design capacity of other solid waste facilities, if those facilities are located within the anticipated service area of the proposed medical waste incinerator and are currently providing or are expected to provide solid waste management for any sources of solid waste that could potentially be burned in the medical waste incinerator.
285.63(10)(c)4.
4. The quantity of waste having the potential to be burned in the medical waste incinerator that may be managed in an effective recycling program created under
s. 287.11.
285.63(10)(c)5.
5. The potential for reducing the quantity of waste having the potential to be burned in the medical waste incinerator by reducing the amount of waste that is generated within the anticipated service area and the potential for using alternative technologies for disposing of the waste.
285.63(10)(d)
(d) The department may not determine that the site of a proposed medical waste incinerator is appropriate if the medical waste incinerator or the transportation of solid waste to the medical waste incinerator will have an adverse effect that is both substantial and unreasonable on any of the following:
285.63(10)(d)5.
5. Schools, churches, hospitals, nursing homes or day care facilities.
285.63(10)(d)6.
6. Projected land uses identified in any municipal master plan or official map that is in effect at least 15 months prior to the submission to the department of the permit application, if the land uses are expected to occur during the site life of the medical waste incinerator and any expansions of the medical waste incinerator.
285.63(10)(e)
(e) The department shall promulgate rules for making the findings under
par. (b).
285.64
285.64
Criteria for operation permits for stationary sources. 285.64(1)(1)
Issuance to sources not in compliance; federal objection. 285.64(1)(a)(a) Notwithstanding
s. 285.63, the department may issue an operation permit for a stationary source that does not comply with the requirements in the operation permit, in the federal clean air act, in an implementation plan under
s. 285.11 (6) or in
s. 285.63 when the operation permit is issued if the operation permit includes all of the following:
285.64(1)(a)1.
1. A compliance schedule that sets forth a series of remedial measures that the owner or operator of the stationary source must take to comply with the requirements with which the stationary source is in violation when the operation permit is issued.
285.64(1)(a)2.
2. A requirement that, at least once every 6 months, the owner or operator of the stationary source submit reports to the department concerning the progress in meeting the compliance schedule and the requirements with which the stationary source is in violation when the operation permit is issued.
285.64(1)(b)
(b) Notwithstanding
par. (a) and
s. 285.63, the department may not issue an operation permit to a stationary source if the federal environmental protection agency objects to the issuance of the operation permit as provided in
s. 285.62 (6) unless the department revises the operation permit to meet the objection.
285.64(2)
(2) One-year moratorium on revocation. 285.64(2)(a)(a) The department may not revoke an operation permit for an existing source for one year after the issuance of that permit based upon failure of the existing source at the time of permit issuance to comply with this chapter and
s. 299.15 and rules promulgated under this chapter and
s. 299.15.
285.64(2)(b)
(b) Notwithstanding
par. (a), the department may take any other action necessary to enforce an operation permit and this chapter and
s. 299.15 and rules promulgated under this chapter and
s. 299.15 which apply to the existing source after issuance of an operation permit under this section.
285.64 History
History: 1979 c. 221,
355;
1991 a. 302;
1995 a. 27;
1995 a. 227 s.
489; Stats. 1995 s. 285.64.
285.65
285.65
Permit conditions. The department may prescribe conditions for an air pollution control permit to ensure compliance with this chapter and
s. 299.15 and rules promulgated under this chapter and
s. 299.15 and to ensure compliance with the federal clean air act if each condition is one of the following and if each condition is applicable to the source:
285.65(1)
(1) Final inspection and release of the project for permanent operation upon completion of construction, reconstruction, replacement or modification.
285.65(2)
(2) Variances, orders or compliance schedules.
285.65(4)
(4) Reasonable construction and applicable operating conditions, emission control equipment maintenance requirements and emergency episode plans.
285.65(6)
(6) Documentation of the allocation of the available air resource.
285.65(7)
(7) The terms of any election by the permit applicant to meet more stringent emission limitations or to limit hourly, daily or annual emissions beyond what is otherwise required or to obtain an emission reduction option.
285.65(8)
(8) The terms for use of growth accommodation credits under
s. 285.63 (7) or
(8), including the dates that the source expects to use the credits.
285.65(9)
(9) Requirements concerning entry and inspection as provided in
s. 285.19.
285.65(10)
(10) Monitoring, record-keeping, reporting and compliance certification requirements.
285.65(11)
(11) Requirements to submit compliance plans and schedules and progress reports.
285.65(13)
(13) Other conditions applicable to the source under the federal clean air act.
285.65(14)
(14) Other requirements specified by rule by the department.
285.65 History
History: 1979 c. 34,
221;
1987 a. 27;
1991 a. 302;
1995 a. 227 s.
490; Stats. 1995 s. 285.65.
285.66
285.66
Permit duration and renewal. 285.66(1)
(1)
Construction. Unless otherwise specified in the permit, a construction permit is valid for 18 months from the date of issuance of the permit unless the permit is revoked or suspended. The department may extend the term of the construction permit for the purposes of commencing or completing construction, reconstruction, replacement or modification. Unless otherwise specified in a construction permit, the department may only extend the term of the permit for up to 18 additional months beyond the original 18-month period. If construction, reconstruction, replacement or modification is not completed within the term specified in the permit or any extension granted by the department, the applicant shall apply for a new construction permit.
285.66(2)
(2) Operation. The department shall specify the term of an operation permit in the operation permit. The term of an operation permit issued under
s. 285.62 or renewed under
sub. (3) may not exceed 5 years from the date of issuance or renewal.
285.66(3)(a)(a) A permittee shall apply for renewal of an operation permit at least 12 months before the operation permit expires. The permittee shall include any new or revised information needed to process the application for renewal.
285.66(3)(b)
(b) The department shall follow the procedures in
s. 285.62 in renewing an operation permit for a new source, a modified source or an existing source.
285.66(3)(c)
(c) The department may renew an operation permit if the criteria in
ss. 285.63 and
285.64 are met. Notwithstanding
s. 285.64 (1) (a), the department may deny an application for renewal of an operation permit for a stationary source if the stationary source is in violation of its current operation permit.
285.66 History
History: 1979 c. 34,
221;
1991 a. 302;
1995 a. 27;
1995 a. 227 s.
492; Stats. 1995 s. 285.66.
285.67
285.67
Permit revision, suspension and revocation. The department shall promulgate rules establishing criteria and procedures for revising, suspending and revoking air pollution control permits.
285.67 History
History: 1979 c. 34,
221;
1989 a. 335;
1991 a. 302;
1995 a. 227 s.
491; Stats. 1995 s. 285.67.
285.68
285.68
Failure to adopt rule or issue permit or exemption. The failure to adopt a rule or issue an air pollution control permit or the exemption or granting of an exemption from an air pollution control permit requirement does not relieve any person from compliance with any emission limitation or with any other provision of law.
285.68 History
History: 1979 c. 34;
1995 a. 227 s.
493; Stats. 1995 s. 285.68.
285.69(1)(1)
Rule making. The department may promulgate rules for the payment and collection of reasonable fees for all of the following:
285.69(1)(a)
(a)
Application for permit. Reviewing and acting upon any application for a construction permit.
285.69(1)(c)
(c)
Request for exemption. Reviewing and acting upon any request for an exemption from the requirement to obtain an air pollution control permit.
285.69(2)
(2) Fees for persons required to have operation permits. 285.69(2)(a)(a) The department shall promulgate rules for the payment and collection of fees by the owner or operator of a stationary source for which an operation permit is required. The rules shall provide all of the following:
285.69(2)(a)1.
1. That fees collected in a year are based on actual emissions of all regulated pollutants and any other air contaminant specified by the department in the rules in the preceding year.
285.69(2)(a)2.
2. Except as provided under
par. (d), that the fees collected in 1993 are $18 per ton of each regulated pollutant.
285.69(2)(a)3.
3. Except as provided under
par. (d), that the fees collected in 1994 are $25 per ton increased by the percentage by which the consumer price index, as defined in
42 USC 7661a (b) (3) (B) (v), for 1993 exceeds the consumer price index for 1989.
285.69(2)(a)4.
4. That the fees collected in each year after 1994 are calculated by increasing the fees collected in the preceding year by the percentage by which the consumer price index, as defined in
42 USC 7661a (b) (3) (B) (v), increased in the preceding year.
285.69(2)(a)5.
5. That fees are not based on emissions by an air contaminant source in excess of 4,000 tons per year of each regulated pollutant, except that, subject to
par. (b), this limitation does not apply to a major utility, as defined in
s. 285.41 (1) (f), that owns or operates a phase I affected unit as listed in Table A of
42 USC 7651c.
285.69(2)(a)6.
6. That during 1995 to 1999, no fee is required to be paid under this subsection for emissions from any affected unit listed in Table A of
42 USC 7651c.
285.69(2)(b)
(b) The department may not charge a major utility fees on emissions in excess of 4,000 tons per year of each regulated pollutant beyond the amount necessary to recover the fees that would have been charged for any phase I affected unit listed in Table A of
42 USC 7651c owned by that major utility if the prohibition in
par. (a) 6. did not exist.
