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.
285.65 Cross-reference
Cross Reference: See also chs.
NR 406,
407,
408,
409, and
439, Wis. adm. code.
285.66
285.66
Permit duration and renewal. 285.66(1)
(1)
Construction. Unless otherwise specified in a construction permit, the authorization to construct, reconstruct, replace, or modify a stationary source 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 authorization in 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 authorization in 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. Notwithstanding the fact that authorization to construct, reconstruct, replace, or modify a source expires under this subsection, all conditions in a construction permit are permanent unless the conditions are revised through a revision of the construction permit or through the issuance of a new construction permit.
285.66(2)(a)(a) 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(2)(b)
(b) Notwithstanding
par. (a), the department may not specify that coverage under a registration permit under
s. 285.60 (2g) or coverage under a general permit under
s. 285.60 (3) expires except as follows:
285.66(2)(b)1.
1. The department may specify an expiration date for coverage under a registration permit or for coverage under a general permit at the request of an owner or operator.
285.66(2)(b)2.
2. The department may specify a term of 5 years or longer for coverage under a registration permit or for coverage under a general permit if the department finds that expiring coverage would significantly improve the likelihood of continuing compliance with applicable requirements compared to coverage that does not expire.
285.66(2)(b)3.
3. The department may specify a term of 5 years or less for coverage under a registration permit or for coverage under a general permit if required by the federal clean air act.
285.66(3)(a)(a) A permittee shall apply for renewal of an operation permit at least 6 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 Cross-reference
Cross Reference: See also chs.
NR 406,
408,
409,
463,
466, and
469, Wis. adm. code.
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.
285.67 Cross-reference
Cross Reference: See also ch.
NR 407, Wis. adm. code.
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, except that the department may not impose a fee on any of the following persons who apply for a construction permit:
285.69(1)(a)1.
1. An owner or operator of an entire facility for which an operation permit is required under
s. 285.60 but not under the federal clean air act if the entire facility is covered by a registration permit under
s. 285.60 (2g).
285.69(1)(a)2.
2. An owner or operator of an entire facility for which an operation permit is required under
s. 285.60 but not under the federal clean air act if the entire facility is covered by a general permit under
s. 285.60 (3).
285.69(1)(a)3.
3. An owner or operator of an entire facility for which an operation permit is required under
s. 285.60 but not under the federal clean air act for which the department has issued an operation permit, if the owner or operator has paid the fee under
sub. (2) (h) at any time before applying for the 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(1d)
(1d) Request for waiver of construction permit requirement. An owner or operator that requests a waiver under
s. 285.60 (5m) of the requirement to obtain a construction permit shall pay to the department a fee of $300.
285.69(1g)
(1g) Annual fees for operation permit exemption. The owner or operator of a stationary source that is exempt from the requirement to obtain an operation permit under
s. 285.62 shall pay to the department a fee of $300 per year if the stationary source had actual emissions of a regulated pollutant in excess of 3 tons in the preceding year.
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 before 2002 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 and before 2002 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 5,000 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)(a)7.
7. That the fees billed for a stationary source in each year after 2001 are based on the fees billed for the stationary source in 2001.
285.69(2)(a)8.
8. That the fee billed for each stationary source in each year after 2001 is based on the 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)9.
9. That fees billed in years after 2001 are determined using a performance-based approach that increases a stationary source's fees in proportion to increases in the amount of pollutants emitted by the stationary source, as determined under
subd. 8., and decreases a stationary source's fees in proportion to decreases in the amount of pollutants emitted by the stationary source, as determined under
subd. 8.
285.69(2)(a)10.
10. That no multiplier or similar mechanism is used that would increase a stationary source's fees to compensate for decreases in overall amounts of emissions.
285.69(2)(a)11.
11. That no provision is used that would increase the fee per unit of pollutant emitted in order to compensate for decreases in overall amounts of emissions.
285.69(2)(b)
(b) The department may not charge a major utility fees on emissions in excess of 5,000 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.
285.69(2)(c)
(c) The fees collected under
pars. (a) and
(e) from the owner or operator of a stationary source for which an operation permit is required under the federal clean air act shall be credited to the appropriations under
s. 20.370 (2) (bg),
(3) (bg),
(8) (mg) and
(9) (mh) for the following:
285.69(2)(c)1.
1. The costs of reviewing and acting on applications for operation permits; implementing and enforcing operation permits except for court costs or other costs associated with an enforcement action; monitoring emissions and ambient air quality; preparing rules and materials to assist persons who are subject to the operation permit program; ambient air quality modeling; preparing and maintaining emission inventories; and any other direct and indirect costs of the operation permit program.
285.69(2)(c)2.
2. Costs of any other activities related to stationary sources of air contaminants.
285.69(2)(d)
(d) The department may promulgate a rule reducing any operation permit fee required to be paid under
par. (a) by small business stationary sources to take into account the financial resources of small business stationary sources.
285.69(2)(e)
(e) Beginning in 2001, the owner or operator of a stationary source for which an operation permit is required shall pay to the department an annual fee of $ .86 per ton of actual emissions in the preceding year of all air contaminants on which the fee under
par. (a) is based.
285.69(2)(f)
(f) Notwithstanding
pars. (a) and
(e), the owner or operator of an entire facility for which an operation permit is required under
s. 285.60 but not under the federal clean air act shall pay to the department a fee of $1,100 for a year if the preceding year was the first year in which the entire facility was covered by a registration permit under
s. 285.60 (2g).
Paragraphs (a) and
(e) apply in all other years.
285.69(2)(g)
(g) Notwithstanding
pars. (a) and
(e), the owner or operator of an entire facility for which an operation permit is required under
s. 285.60 but not under the federal clean air act shall pay to the department a fee of $2,300 for a year if the preceding year was the first year in which the entire facility was covered by a general permit under
s. 285.60 (3) and the facility was first covered by an operation permit after January 1, 2006.
Paragraphs (a) and
(e) apply in all other years.
