285.41(3)(a)7.
7. The methods that will be used to achieve compliance with
sub. (2) (a) in the following year including, if applicable, the provisions of any trading agreement under
sub. (2) (b) 1.
285.41(3)(a)8.
8. The total anticipated annual sulfur dioxide emissions from all boilers under the ownership or control of the major utility for each of the next 3 years.
285.41(3)(b)
(b)
Review. The department shall review the adequacy of each compliance plan and, after consulting with the commission, shall approve or disapprove the plan within 90 days after its receipt.
285.41(4)(a)(a)
Request; variance conditions. A major utility may request a variance from the emission rate under
sub. (2) (a) by submitting the request to the commission and the department. No request for a variance may be submitted if the department has served the major utility with written notice under
s. 285.83 that the major utility has violated
sub. (2) (a). Upon receipt of a request, the commission shall, within 45 days, determine if any of the following variance conditions exists and shall report its determination to the department:
285.41(4)(a)1.
1. A major electrical supply emergency within or outside this state.
285.41(4)(a)3.
3. An extended and unplanned disruption in the operation of a nuclear plant or low sulfur coal-fired boiler under the ownership or control of the major utility.
285.41(4)(a)4.
4. The occurrence of an uncontrollable event not anticipated in the plan submitted under
sub. (3).
285.41(4)(a)5.
5. A plan by the major utility to install and place into operation new technological devices that will enable it to achieve compliance with
sub. (2) (a).
285.41(4)(b)
(b)
Compliance plan required. With the request for a variance, the major utility shall submit its plan for achieving compliance with the emission rate. If the request is based on a variance condition specified under
par. (a) 1. to
4., the request shall include an explanation of why the major utility cannot achieve or remain in compliance by using fuel with a lower sulfur content or by environmental dispatching.
285.41(4)(c)
(c)
Grant of variance. The department shall grant a request for a variance if the commission determines that a variance condition exists and the department determines that the major utility's compliance plan is adequate.
285.41(4)(d)
(d)
Denial of variance. The department shall deny a request for a variance if the commission determines that no variance condition exists or if the department determines that the major utility's compliance plan is not adequate.
285.41(4)(e)
(e)
Time limit for response. The department shall grant or deny a request for a variance within 90 days after its receipt of the request.
285.41(5)
(5) No impact on other provisions. Nothing in this section exempts a major utility from any provision of
ss. 285.01 to
285.39 or
285.51 to
285.87. Compliance with this section is not a defense to a violation of any of those provisions.
285.41(6)
(6) Determination of compliance. The department shall determine compliance with
sub. (2) (a) using data submitted by the major utilities. Each major utility shall provide the department with any information needed to determine compliance.
285.41(7)
(7) Penalty. Notwithstanding
s. 285.87, any major utility that exceeds the annual emission rate under
sub. (2) (a) in violation of this section shall forfeit not less than $100,000 nor more than $500,000 for each year of violation.
285.41 History
History: 1985 a. 296;
1995 a. 227 s.
481; Stats. 1995 s. 285.41.
285.43
285.43
Sulfur dioxide emission rates; state-owned facilities. 285.43(1)(1)
Limit. After June 30, 1988, the average number of pounds of sulfur dioxide emissions per million British thermal units of heat input during any year from any large source, as defined under
s. 285.45 (1) (a), that is owned by this state may not exceed 1.50.
285.43(2)
(2) Compliance. The department shall determine compliance with
sub. (1) using data submitted by state agencies. Each state agency shall provide the department with any information needed to determine compliance.
285.43(3)
(3) Noncompliance; report required. Noncompliance report required. If the department determines that any large source owned by this state is not in compliance with
sub. (1), the department shall submit to the governor and to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under
s. 13.172 (2), a report of the noncompliance and recommendations for bringing the large source into compliance.
285.43 History
History: 1985 a. 296;
1995 a. 227 s.
482; Stats. 1995 s. 285.43.
285.45
285.45
Sulfur dioxide emission goals after 1992; major utilities and other large air contaminant sources. 285.45(1)(a)
(a) "Large source" means a stationary source in this state, other than a fossil fuel-fired boiler under the ownership or control of a major utility, that had sulfur dioxide emissions averaging at least 1,000 tons annually in the most recent 5-year period, that became operational before May 2, 1986, and that is not a boiler subject to the standard of performance for new stationary sources for sulfur dioxide emissions established under
s. 285.27 (1).
285.45(2)
(2) Goals. It is the goal of this state that, beginning with 1993, total annual sulfur dioxide emissions do not exceed the following:
285.45(2)(a)
(a) From all major utilities and large sources, 325,000 tons.
285.45(2)(b)
(b) From all fossil fuel-fired boilers under the ownership and control of the major utilities, 250,000 tons.
285.45(3)
(3) Excess emissions; department report required. 285.45(3)(a)(a) If the department determines, based on its annual report under
s. 285.11 (12), that the total annual sulfur dioxide emissions from all major utilities and large sources exceeded 325,000 tons in the previous year, or if the department projects, based on the amounts anticipated by the major utilities under
s. 285.41 (3) (a) 8. and the department's estimates of emissions from large sources, that the total sulfur dioxide emissions in this state will exceed 325,000 tons in any of the 3 succeeding years, the department shall determine if the actual or projected excess emissions are or will be attributable to the major utilities, the large sources or both.
285.45(3)(b)1.1. If the department determines that the excess emissions are or will be attributable to the major utilities, the department shall, after consulting with the commission, prepare a report containing a recommendation as to whether the goal specified under
sub. (2) (b) should be replaced with an enforceable limit. If so, the report shall include the department's recommendation for a cost-effective mechanism for ensuring compliance with the limit, including any necessary changes in
s. 285.41. The department shall hold a public hearing on the report.
285.45(3)(b)2.
2. The department shall submit the report required under this paragraph to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under
s. 13.172 (3).
285.45(3)(c)1.1. If the department determines that the excess emissions are or will be attributable to the large sources, the department shall, after consulting with the commission, prepare a report containing a recommendation as to whether the goal specified under
sub. (2) (c) should be replaced with an enforceable limit. If so, the report shall include the department's recommendation for a cost-effective mechanism for ensuring compliance with the limit. The department shall hold a public hearing on the report.
285.45(3)(c)2.
2. The department shall submit the report required under this paragraph to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under
s. 13.172 (3).
285.45(3)(d)
(d) If the department determines that the excess emissions are or will be attributable to both the major utilities and the large sources, the department shall comply with both
pars. (b) and
(c). The reports and public hearings required under those paragraphs may be combined.
285.45 History
History: 1985 a. 296;
1987 a. 186;
1995 a. 227 s.
483; Stats. 1995 s. 288.45.
285.47
285.47
Nitrogen oxide emission goal; major utilities. 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.
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.
285.55
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.
