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.
285.55(6)
(6) Subsection (2) does not apply to the issuance of an air pollution control permit or a license under
s. 289.31 for the modification of a medical waste incinerator in operation on May 14, 1992, if the modification is designed to allow the medical waste incinerator to achieve compliance with the federal clean air act or the department's rules concerning the emission of hazardous air contaminants and does not expand the medical waste incinerator's capacity.
285.55(7)
(7) This section does not apply after July 1, 1998.
285.55 History
History: 1991 a. 300;
1993 a. 295;
1995 a. 227 s.
505; Stats. 1995 s. 285.55.
285.57
285.57
Emission of ozone-depleting substances. 285.57(1)(1)
Definition. In this section, "class I substance" has the meaning given in
42 USC 7671 (3).
285.57(2)(a)(a) The department shall evaluate the progress toward eliminating the use of class I substances in medical sterilizers. The department shall complete the evaluation no later than August 1, 1994.
285.57(2)(b)
(b) Based on the results of the evaluation under
par. (a), the department shall promulgate a rule that prohibits the use of class I substances in medical sterilizers or, if no adequate substitute for class I substances is available, requires persons who operate medical sterilizers that use class I substances to achieve the lowest achievable emission rate for class I substances.
285.57(3)
(3) Solvents. The department shall advise persons who use class I substances as solvents on ways to eliminate that use.
285.57(4)
(4) Citations. The department may follow the procedures for the issuance of a citation under
ss. 23.50 to
23.99 to collect a forfeiture for a violation of
sub. (2).
285.57(5)
(5) Penalties. Any person who violates
sub. (2) shall be required to forfeit not less than $250 nor more than $1,000. Each day of violation constitutes a separate offense.
285.57 History
History: 1993 a. 243;
1995 a. 227 s.
508; Stats. 1995 s. 285.57.
285.59
285.59
Recovery of ozone-depleting refrigerants. 285.59(1)(b)
(b) "State agency" means any office, department, agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law which is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority and the Wisconsin Health and Educational Facilities Authority.
285.59(2)
(2) Salvaging refrigeration equipment. After June 30, 1992, except as provided in
sub. (3), no person, including a state agency, may perform salvaging or dismantling of mechanical vapor compression refrigeration equipment in the course of which ozone-depleting refrigerant is or may be released or removed unless the person certifies all of the following to the department:
285.59(2)(a)
(a) That the person uses equipment that is approved by the department to transfer ozone-depleting refrigerant from mechanical vapor compression refrigeration equipment into storage tanks whenever it performs those activities.
285.59(2)(b)
(b) That the individuals who use the equipment under
par. (a) have, or are under the supervision of individuals who have, the qualifications established under
sub. (5) (a) 1.
285.59(3)(c)
(c) After June 30, 1992, except as provided in
par. (d), any person who sells, gives or transports mechanical vapor compression refrigeration equipment to a scrap metal processor shall do all of the following:
285.59(3)(c)1.
1. Transfer ozone-depleting refrigerant from the mechanical vapor compression refrigeration equipment into a storage tank as provided in
sub. (2) (a) and
(b) or obtain and possess documentation that another person performed that transfer.
285.59(3)(c)2.
2. Provide documentation to the scrap metal processor that it has complied with
subd. 1.
285.59(3)(d)
(d) Paragraph (c) does not apply to a person who sells, gives or transports mechanical vapor compression refrigeration equipment to a scrap metal processor that agrees in writing to transfer the ozone-depleting refrigerant into a storage tank as provided in
sub. (2) (a) and
(b).
285.59(4)(a)(a) During the salvaging, dismantling or transporting of mechanical vapor compression refrigeration equipment, no person may knowingly or negligently release ozone-depleting refrigerant to the environment, except for minimal releases that occur as a result of efforts to transfer ozone-depleting refrigerant into storage tanks.
285.59(4)(am)
(am) No person may knowingly or negligently release from a storage tank to the environment ozone-depleting refrigerant that was removed during the salvaging, dismantling or transporting of mechanical vapor compression refrigeration equipment, except that this paragraph does not apply to minimal releases that occur as a result of efforts to transfer ozone-depleting refrigerant into mechanical vapor compression refrigeration equipment or other storage tanks.
285.59(4)(b)
(b) Any person who transports, for purposes of salvaging or dismantling, mechanical vapor compression refrigeration equipment that contains ozone-depleting refrigerant shall certify to the department that it complies with
par. (a), except that this paragraph does not apply to an individual who transports his or her personal mechanical vapor compression refrigeration equipment.
285.59(5)
(5) Department duties. The department shall do all of the following:
285.59(5)(a)
(a) Promulgate rules for the administration of this section including establishing all of the following:
285.59(5)(a)1.
1. Qualifications, which may include training or certification requirements, for individuals who use equipment to transfer ozone-depleting refrigerant from mechanical vapor compression refrigeration equipment into storage tanks.
285.59(5)(b)
(b) Approve equipment for the transfer of ozone-depleting refrigerant from mechanical vapor compression refrigeration equipment into storage tanks.
285.59(6)
(6) Department powers. The department may promulgate rules providing that any portion of
sub. (2),
(3) or
(4) applies with respect to a substance used as a substitute for an ozone-depleting substance.
285.59(7)
(7) Citations. The department may follow the procedures for the issuance of a citation under
ss. 23.50 to
23.99 to collect a forfeiture for a violation of
sub. (2),
(3) (c) or
(4).
285.59(8)(a)(a) Any person who violates
sub. (2) shall be required to forfeit not less than $100 nor more than $1,000. Each act of salvaging or dismantling in violation of
sub. (2) constitutes a violation.
285.59(8)(b)
(b) Any person who violates
sub. (3) (c) shall be required to forfeit not less than $100 nor more than $1,000. Each sale, giving or transporting in violation of
sub. (3) (c) constitutes a violation.
285.59(8)(c)
(c) Any person who violates
sub. (4) shall be required to forfeit not less than $100 nor more than $1,000. Each release in violation of
sub. (4) constitutes a violation.
285.59 History
History: 1989 a. 284;
1991 a. 97;
1993 a. 243;
1995 a. 227 s.
509; Stats. 1995 s. 285.59;
1997 a. 27.
PERMITS AND FEES
285.60
285.60
Air pollution control permits. 285.60(1)(a)1.1. Except as provided in
sub. (6), no person may commence construction, reconstruction, replacement or modification of a stationary source unless the person has a construction permit from the department.
285.60(1)(a)2.
2. A construction permit may authorize the initial operation of a stationary source for a period specified in the permit to allow testing of the stationary source's equipment and monitoring of the emissions associated with the equipment.
285.60(1)(b)1.1. Except as provided in
subd. 2.,
par. (a) 2.,
sub. (6) or
s. 285.62 (8), no person may operate a new source or a modified source unless the person has an operation permit under
s. 285.62 from the department.
285.60(1)(b)2.
2. A person may continue to operate a new source or a modified source for which the department issued a permit under s.
144.392, 1989 stats., on or before November 15, 1992, but on which construction, reconstruction, replacement or modification began after November 15, 1992, but the person shall apply for an operation permit under
s. 285.62 no later than March 1, 1996.
285.60(2)(a)(a)
Operation permit requirement. Except as provided in
sub. (6) or
s. 285.62 (8), no person may operate an existing source after the operation permit requirement date specified under
s. 285.62 (11) (a) unless the person has an operation permit under
s. 285.62 from the department.
285.60(2)(b)
(b)
Elective operation permit. A person may apply for an operation permit for one or more points of emission from an existing source for which an operation permit is not required. No person may operate a stationary source under an emission reduction option program unless the person has an operation permit from the department. If a person elects to apply for an operation permit under this paragraph, the election may not be withdrawn and the stationary source may not be operated without the operation permit beginning on the date that the operation permit is first issued.
285.60(3)
(3) General operation permits. The department may, by rule, specify types of stationary sources that may obtain general operation permits. A general operation permit may cover numerous similar stationary sources. A general operation permit shall require any stationary source that is covered by the general operation permit to comply with
ss. 285.61 to
285.69. The department shall issue a general operation permit using the procedures and criteria in
ss. 285.62 to
285.69.
285.60(4)
(4) Permit flexibility. The department shall allow a person to make a change to a stationary source that has an operation permit, or for which the person has submitted a timely and complete application for an operation permit, for which the department would otherwise first require an operation permit revision, without first requiring a revision of the operation permit if the change is not a modification, as defined by the department by rule, and the change will not cause the stationary source to exceed the emissions allowable under the operation permit, whether expressed as an emission rate or in terms of total emissions. Except in the case of an emergency, a person shall notify the department and, for permits required under the federal clean air act, the administrator of the federal environmental protection agency in writing at least 21 days before the date on which the person proposes to make a change to a stationary source under this subsection. A person may not make a proposed change to a stationary source if the department informs the person before the end of that 21-day period that the proposed change is not a change authorized under this subsection. The department shall promulgate rules establishing a shorter time for advance notification of changes under this subsection in case of emergency.
285.60(5)
(5) Exemption from additional permit requirements for approved relocated sources. 285.60(5)(a)(a)
Approved relocated source. A source is an approved relocated source if all of the following requirements are met:
285.60(5)(a)1.
1. The source is to be relocated within an attainment area.
285.60(5)(a)2.
2. The source is a stationary source capable of being transported to a different location.
