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NR 440.76(3)(i)1. 1. As specified under sub. (13) (a), submit the 5 items in subds. a. to e. to the department by the date you submit the application for a construction permit under ch. NR 405 or 408. If you are not required to submit an application for a construction permit under ch. NR 405 or 408, submit the 5 items to the department by the date of your notice of construction under sub. (13) (b).
NR 440.76(3)(i)1.a. a. Your draft materials separation plan.
NR 440.76(3)(i)1.b. b. Your revised materials separation plan.
NR 440.76(3)(i)1.c. c. Your notice of the public meeting for your draft materials separation plan.
NR 440.76(3)(i)1.d. d. A transcript of the public meeting on your draft materials separation plan.
NR 440.76(3)(i)1.e. e. The document that summarizes your responses to the public comments you received during the public comment period on your draft materials separation plan.
NR 440.76(3)(i)2. 2. Make your revised materials separation plan available to the public as part of the siting analysis procedures under sub. (4) (e).
NR 440.76(3)(j) (j) What must I include in the public meeting on my revised materials separation plan? As part of the public meeting for review of the siting analysis, as specified under sub. (4) (g), you shall discuss the following 2 areas:
NR 440.76(3)(j)1. 1. Differences between your revised materials separation plan and your draft materials separation plan discussed at the first public meeting, conducted under par. (g).
NR 440.76(3)(j)2. 2. Questions about your revised materials separation plan.
NR 440.76(3)(k) (k) What must I do with any public comments I receive on my revised materials separation plan?
NR 440.76(3)(k)1.1. You shall prepare written responses to any public comments and include them in the document that summarizes your responses to public comments on the siting analysis.
NR 440.76(3)(k)2. 2. You shall prepare a final materials separation plan that includes, as appropriate, changes made in response to any public comments you received on your revised materials separation plan.
NR 440.76(3)(L) (L) How do I submit my final materials separation plan? As specified under sub. (13) (b), you shall submit your final materials separation plan to the department as part of the notice of construction for the municipal waste combustion unit.
NR 440.76(4) (4)Preconstruction requirements: siting analysis.
NR 440.76(4)(a)(a) Who must submit a siting analysis?
NR 440.76(4)(a)1.1. You shall prepare a siting analysis if you commence construction of a small municipal waste combustion unit after December 6, 2000.
NR 440.76(4)(a)2. 2. If you commence construction on your municipal waste combustion unit after August 30, 1999, but before December 6, 2000, you are not required to prepare the siting analysis specified in this subsection.
NR 440.76(4)(a)3. 3. You shall prepare a siting analysis if you are required to submit an initial application for a construction permit, under ch. NR 405 or 408, as applicable, for the reconstruction or modification of your municipal waste combustion unit.
NR 440.76(4)(b) (b) What is a siting analysis? The siting analysis addresses how your municipal waste combustion unit affects ambient air quality, visibility, soils, vegetation and other relevant factors. The analysis can be used to determine whether the benefits of your proposed facility significantly outweigh the environmental and social costs resulting from its location and construction. The analysis shall also consider other major industrial facilities near the proposed site.
NR 440.76(4)(c) (c) What steps must I complete for my siting analysis?
NR 440.76(4)(c)1.1. For your siting analysis, you shall complete the following 5 steps:
NR 440.76(4)(c)1.a. a. Prepare an analysis.
NR 440.76(4)(c)1.b. b. Make your analysis available to the public.
NR 440.76(4)(c)1.c. c. Hold a public meeting on your analysis.
NR 440.76(4)(c)1.d. d. Prepare responses to public comments received on your analysis.
NR 440.76(4)(c)1.e. e. Submit your analysis.
NR 440.76(4)(c)2. 2. You may use analyses conducted under the requirements of ch. NR 405 or 408 to comply with some of the siting analysis requirements of this section.
NR 440.76(4)(d) (d) What must I include in my siting analysis?
NR 440.76(4)(d)1.1. You shall include an analysis of how your municipal waste combustion unit affects the following 4 areas:
NR 440.76(4)(d)1.a. a. Ambient air quality.
NR 440.76(4)(d)1.b. b. Visibility.
NR 440.76(4)(d)1.d. d. Vegetation.
NR 440.76(4)(d)2. 2. You shall include an analysis of alternatives for controlling air pollution that minimize potential risks to the public health and the environment.
NR 440.76(4)(e) (e) How do I make my siting analysis available to the public?
NR 440.76(4)(e)1.1. You shall distribute your siting analysis and revised materials separation plan to the main public libraries in the area where you will construct your municipal waste combustion unit.
NR 440.76(4)(e)2. 2. You shall publish a notice of a public meeting in the main newspapers that serve the following 2 areas:
NR 440.76(4)(e)2.a. a. The area where you will construct your municipal waste combustion unit.
NR 440.76(4)(e)2.b. b. The areas where the waste that your municipal waste combustion unit combusts will be collected.
NR 440.76(4)(e)3. 3. You shall include the following 6 items in your notice of the public meeting:
NR 440.76(4)(e)3.a. a. The date of the public meeting.
NR 440.76(4)(e)3.b. b. The time of the public meeting.
NR 440.76(4)(e)3.c. c. The location of the public meeting.
NR 440.76(4)(e)3.d. d. The location of the public libraries where the public can find your siting analysis and revised materials separation plan. Include the normal business hours of each library.
NR 440.76(4)(e)3.e. e. An agenda of the topics that will be discussed at the public meeting.
NR 440.76(4)(e)3.f. f. The beginning and ending dates of the public comment period on your siting analysis and revised materials separation plan.
NR 440.76(4)(f) (f) When must I accept comments on the siting analysis and revised materials separation plan?
NR 440.76(4)(f)1.1. You shall accept verbal comments at the public meeting.
NR 440.76(4)(f)2. 2. You shall accept written comments anytime during the period that begins on the date the document is distributed to the main public libraries and ends 30 days after the date of the public meeting.
NR 440.76(4)(g) (g) Where and when must I hold a public meeting on the siting analysis?
NR 440.76(4)(g)1.1. You shall hold a public meeting to discuss and accept comments on your siting analysis and your revised materials separation plan.
NR 440.76(4)(g)2. 2. You shall hold the public meeting in the county where you will construct your municipal waste combustion unit.
NR 440.76(4)(g)3. 3. You shall schedule the public meeting to occur at least 30 days after you make your siting analysis and revised materials separation plan available to the public.
NR 440.76(4)(g)4. 4. You shall prepare a transcript of the public meeting on your siting analysis.
NR 440.76(4)(h) (h) What must I do with any public comments I receive during the public comment period on my siting analysis? You shall do the following 3 things:
NR 440.76(4)(h)1. 1. Prepare written responses to any public comments on your siting analysis and the revised materials separation plan you received during the public comment period. Summarize the responses to public comments in a document that is separate from your materials separation plan and siting analysis.
NR 440.76(4)(h)2. 2. Make the comment response document available to the public in the service area where you will construct your municipal waste combustion unit. You shall distribute the document at least to the main public libraries used to announce the public meeting for the siting analysis.
NR 440.76(4)(h)3. 3. Prepare a revised siting analysis for the municipal waste combustion unit that includes, as appropriate, changes made in response to any public comments you received during the public comment period.
NR 440.76(4)(i) (i) How do I submit my siting analysis? As specified under sub. (13) (b), submit the following 4 items as part of the notice of construction:
NR 440.76(4)(i)1. 1. Your siting analysis.
NR 440.76(4)(i)2. 2. Your notice of the public meeting on your siting analysis.
NR 440.76(4)(i)3. 3. A transcript of the public meeting on your siting analysis.
NR 440.76(4)(i)4. 4. The document that summarizes your responses to the public comments you received during the public comment period.
NR 440.76(5) (5)Good combustion practices: operator training.
NR 440.76(5)(a)(a) What types of training must I do? You are required to do the following 2 types of training:
NR 440.76(5)(a)1. 1. Training of operators of municipal waste combustion units using the U.S. environmental protection agency or department approved training course.
NR 440.76(5)(a)2. 2. Training of plant personnel using a plant-specific training course.
NR 440.76(5)(b) (b) Who must complete the operator training course and by when?
NR 440.76(5)(b)1.1. The following 3 types of employees shall complete the EPA or department approved operator training course:
NR 440.76(5)(b)1.a. a. Chief facility operators.
NR 440.76(5)(b)1.b. b. Shift supervisors.
NR 440.76(5)(b)1.c. c. Control room operators.
NR 440.76(5)(b)2. 2. The employees identified in subd. 1. shall complete the operator training course by the later of the following 3 dates:
NR 440.76(5)(b)2.a. a. Six months after the initial startup of your municipal waste combustion.
NR 440.76(5)(b)2.b. b. December 6, 2001.
NR 440.76(5)(b)2.c. c. The date before an employee assumes responsibilities that affect operation of the municipal waste combustion unit.
NR 440.76(5)(c) (c) Who must complete the plant-specific training course? All employees with responsibilities that affect how a municipal waste combustion unit operates, including the following 6 types of employees, shall complete the plant-specific training course:
NR 440.76(5)(c)1. 1. Chief facility operators.
NR 440.76(5)(c)2. 2. Shift supervisors.
NR 440.76(5)(c)3. 3. Control room operators.
NR 440.76(5)(c)4. 4. Ash handlers.
NR 440.76(5)(c)5. 5. Maintenance personnel.
NR 440.76(5)(c)6. 6. Crane or load handlers.
NR 440.76(5)(d) (d) What plant-specific training must I provide? For plant-specific training, you shall do the following 4 things:
NR 440.76(5)(d)1. 1. For training at a particular plant, develop a specific operating manual for that plant by the later of the following 2 dates:
NR 440.76(5)(d)1.a. a. Six months after the initial startup of your municipal waste combustion unit.
NR 440.76(5)(d)1.b. b. December 6, 2001.
NR 440.76(5)(d)2. 2. Establish a program to review the plant-specific operating manual with people whose responsibilities affect the operation of your municipal waste combustion unit. Complete the initial review by the later of the following 3 dates:
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.