Sec. NR 460.02 - Definitions

ยง NR 460.02. Definitions

For terms not defined in this section, the definitions contained in ch. NR 400 apply to the terms used in this chapter. In addition, the definitions in this section apply to the terms used in this chapter and, for terms not defined in chs. NR 462 to 464 and 466 to 469 or the subchapters of chs. NR 463 and 465, to the terms used in those chapters or subchapters as well. If this section defines a term which is also defined in ch. NR 400, the definition in this section applies in this chapter and in chs. NR 462 to 464 and 466 to 469 and the subchapters of chs. NR 463 and 465 rather than the definition in ch. NR 400, except that when one of those chapters or subchapters has its own definition of the term, that definition applies in that chapter or subchapter.

(1) "Affected source" means one of the following:

(a) For each section 112 (d) (42 USC 7412(d)) standard for which the initial proposed rule is signed by the administrator on or before June 30, 2002, the stationary source, the group of stationary sources, or the portion of a stationary source that is regulated by a relevant standard or other requirement established pursuant to section 112 of the Act (42 USC 7412). Each relevant standard in chs. NR 462 to 469 may further define the "affected source" for the purposes of that standard.

(b) For each standard published pursuant to section 112 (d) of the Act (42 USC 7412(d)) for which the initial proposed rule is signed by the administrator after June 30, 2002, the collection of equipment, activities, or both within a single contiguous area and under common control that is included in a section 112 (c) (42 USC 7412(c)) source category or subcategory for which a section 112 (d) (42 USC 7412(d)) standard or other relevant standard is established pursuant to section 112 of the Act (42 USC 7412).

Note: Each relevant standard will define the affected source as defined in sub. (1) unless the administrator finds that a different definition is warranted based on a published justification as to why this definition would result in significant administrative, practical or implementation problems and why the different definition would resolve those problems. The term affected source, as used in this chapter and chs. NR 462 to 469, is separate and distinct from any other use of that term in EPA or department regulations such as those implementing title IV of the Act or the Wisconsin acid rain control program. Affected source may be defined differently for 40 CFR part 63 than "affected facility" and "stationary source" in 40 CFR parts 60 and 61, respectively. The procedures for adopting an alternative definition of affected source apply to each section 112 (d) standard (42 USC 7412(d)) for which the initial proposed rule is signed by the administrator after June 30, 2002.

(2) "Alternative emission limitation" means conditions established pursuant to section 112 (i) (5) or (6) of the act (42 USC 7412(i) (5) or (6)) by the department.

(3) "Alternative emission standard" means an alternative, at least equivalent means of emission limitation as determined by the administrator.

Note: The procedure under which approval of an alternative emission standard may be requested is given in 40 CFR 63.6(g).

(4) "Alternative test method" means any method of sampling and analyzing for an air pollutant that has been demonstrated to the department's satisfaction, using Method 301 in Appendix A of 40 CFR part 63, incorporated by reference in s. NR 484.04(25), to produce results adequate for the department's determination of compliance when used in place of a test method specified in chs. NR 460 to 469.

(5) "Area source" means any stationary source of hazardous air pollutants that is not a major source as defined in this chapter or chs. NR 462 to 469.

(5m) "Capture device" means a hood, enclosed room, floor sweep or other means of collecting solvent emissions or other pollutants into a duct so that the pollutant can be directed to a pollution control device such as an incinerator or carbon adsorber.

(6) "Commenced" means, with respect to construction or reconstruction of an affected source, that an owner or operator has undertaken a continuous program of construction or reconstruction or that an owner or operator has entered into a contractual obligation to undertake and complete, within a reasonable time, a continuous program of construction or reconstruction.

(7) "Compliance date" means the date by which an affected source is required to be in compliance with a relevant standard, limitation, prohibition, or any federally enforceable requirement established by the department under chs. NR 406, 407 or 460 to 469 pursuant to section 112 of the act (42 USC 7412).

(9) "Compliance schedule" means any of the following:

(a) In the case of an affected source that is in compliance with all applicable requirements established under 40 CFR part 63, a statement that the source will continue to comply with the requirements.

(b) In the case of an affected source that is required to comply with applicable requirements by a future date, a statement that the source will meet the requirements on a timely basis and, if required by an applicable requirement, a detailed schedule of the dates by which each step toward compliance will be reached.

(c) In the case of an affected source not in compliance with all applicable requirements established under 40 CFR part 63, a schedule of remedial measures, including an enforceable sequence of actions or operations with milestones and a schedule for the submission of certified progress reports, where applicable, leading to compliance with a relevant standard, limitation, prohibition or any federally enforceable requirement established pursuant to section 112 of the act (42 USC 7412) for which the affected source is not in compliance. This compliance schedule shall resemble and be at least as stringent as that contained in any judicial consent decree or administrative order to which the source is subject. Any schedule of compliance shall be supplemental to, and may not sanction noncompliance with, the applicable requirements on which it is based.

(10) "Construction" means the on-site fabrication, erection or installation of an affected source. Construction does not include the removal of all equipment comprising an affected source from an existing location and reinstallation of the equipment at a new location.

Note: Section NR 460.05(3m) addresses source relocation.

(11) "Continuous emission monitoring system" or "CEMS" means the total equipment that may be required to meet the data acquisition and availability requirements of 40 CFR part 63, used to sample, condition, if applicable, analyze and provide a record of emissions.

(12) "Continuous monitoring system" or "CMS" means a continuous emission monitoring system, continuous opacity monitoring system, continuous parameter monitoring system, or other manual or automatic monitoring that is used for demonstrating compliance with an applicable regulation on a continuous basis.

(13) "Continuous opacity monitoring system" or "COMS" means a continuous monitoring system that measures the opacity of emissions.

(14) "Continuous parameter monitoring system" means the total equipment that may be required to meet the data acquisition and availability requirements of 40 CFR part 63, used to sample, condition, if applicable, analyze and provide a record of process or control system parameters.

(14m) "Control system" means the combination of capture and control devices used to reduce emission of air contaminants.

(15) "Effective date" means either of the following:

(a) With regard to an emission standard established under 40 CFR part 63, the date of promulgation in the federal register of the standard.

(b) With regard to an alternative emission limitation or equivalent emission limitation determined by the administrator or the department, the date that the alternative emission limitation or equivalent emission limitation becomes effective according to the provisions of 40 CFR part 63 or chs. NR 460 to 469.

(16) "Emission standard" means a national standard, limitation, prohibition or other regulation promulgated in a subpart of 40 CFR part 63 or in chs. NR 460 to 469 pursuant to section 112 (d), (h) or (f) of the act (42 USC 7412(d), (h) or (f)).

(17) "Emissions averaging" means a way to comply with the emission limitations specified in a relevant standard, whereby an affected source, if allowed under a subpart of 40 CFR part 63, may create emission credits by reducing emissions from specific points to a level below that required by the relevant standard, and those credits are used to offset emissions from points that are not controlled to the level required by the relevant standard.

(18) "Equivalent emission limitation" means any maximum achievable control technology emission limitation or requirements which are applicable to a major source of hazardous air pollutants and are adopted by the department on a case-by-case basis, pursuant to section 112 (g) or (j) of the Act (42 USC 7412(g) or (j)).

(19) "Excess emissions and continuous monitoring system performance report" means a report that shall be submitted periodically to the department by an affected source in order to provide data on its compliance with relevant emission limits, operating parameters, and the performance of its continuous parameter monitoring systems.

(20) "Existing source" means any affected source that is not a new MACT source.

(20m) "Force majeure" means, for purposes of s. NR 460.06, an event that will be or has been caused by circumstances beyond the control of the affected facility, its contractors or any entity controlled by the affected facility that prevents the owner or operator from complying with the regulatory requirement to conduct performance tests within the specified timeframe despite the affected facility's best efforts to fulfill the obligation.

Note: Examples of events included under this definition are acts of nature, acts of war or terrorism, equipment failure or safety hazard beyond the control of the affected facility.

(21) "Fugitive emissions" means those emissions from a stationary source that could not reasonably pass through a stack, chimney, vent or other functionally equivalent opening. Under section,112 of the act (42 USC 7412), all fugitive emissions are to be considered in determining whether a stationary source is a major source.

(22) "Hazardous air pollutant" or "HAP" means any air pollutant included in the list in section 112 (b) (1) of the act (42 USC 7412(b) (1)) as revised by 40 CFR part 63 subpart C.

(22g) "Intermediate alternative monitoring" means federally required monitoring with modifications that involve technology generally accepted by the scientific community as equivalent or better, that is applied on a site-specific basis and that may have the potential to decrease the stringency of the associated emission limitation or standard. Though site-specific, intermediate modifications of this sort may set a national precedent for a source category and may ultimately result in a revision to the federally required monitoring. Examples of intermediate modifications to monitoring include, but are not limited to:

(a) Use of a continuous emission monitoring system in lieu of a parameter monitoring approach.

(b) Decreased frequency for non-continuous parameter monitoring or physical inspections.

(c) Changes to quality control requirements for parameter monitoring.

(d) Use of an electronic data reduction system in lieu of manual data reduction.

(22r) "Intermediate alternative test method" means a federally enforceable test method with modifications that involve technology generally accepted by the scientific community as equivalent or better, that is applied on a site-specific basis and that may have the potential to decrease the stringency of the associated emission limitation or standard. Though site-specific, such intermediate modifications may set a national precedent for a source category and may ultimately result in a revision to the federally enforceable test method. In order to be approved, an intermediate modification shall be validated according to EPA Method 301 in Appendix A of 40 CFR part 63, incorporated by reference in s. NR 484.04(25), to demonstrate that it provides equal or improved accuracy and precision. Examples of intermediate modifications to a test method include, but are not limited to:

(a) Modifications to a test method's sampling procedure including substitution of sampling equipment that has been demonstrated for a particular sample matrix, and use of a different impinger absorbing solution.

(b) Changes in sample recovery procedures and analytical techniques, such as changes to sample holding times and use of a different analytical finish with proven capability for the analyte of interest.

(c) Combining a federally required method with another proven method for application to processes emitting multiple pollutants.

(23) "Lesser quantity" means a quantity of a hazardous air pollutant that is or may be emitted by a stationary source that the administrator establishes in order to define a major source under an applicable subpart of 40 CFR part 63.

(23e) "Major alternative monitoring" means federally required monitoring with modifications that use technology or procedures not generally accepted by the scientific community, or that is an entirely new method. These major modifications to monitoring may be site-specific or may apply to one or more source categories and will almost always set a national precedent. Examples of major modifications to monitoring include, but are not limited to:

(a) Use of a new monitoring approach developed to apply to a control technology not contemplated in the applicable regulation.

(b) Use of a predictive emission monitoring system in place of a required continuous emission monitoring system.

(c) Use of alternative calibration procedures that do not involve calibration gases or test cells.

(d) Use of an analytical technology that differs from that specified by a performance specification.

(e) Decreased monitoring frequency for a continuous emission monitoring system, continuous opacity monitoring system, predictive emission monitoring system or continuous parameter monitoring system.

(f) Decreased monitoring frequency for a leak detection and repair program.

(g) Use of alternative averaging times for reporting purposes.

(23m) "Major alternative test method" means a federally enforceable test method with modifications that use technology or procedures not generally accepted by the scientific community or that is an entirely new method. These major modifications to a test method may be site-specific, or may apply to one or more sources or source categories, and will almost always set a national precedent. In order to be approved, a major modification shall be validated according to EPA Method 301 in Appendix A of 40 CFR part 63, incorporated by reference in s. NR 484.04(25). Examples of major modifications to a test method include, but are not limited to:

(a) Use of an unproven analytical finish.

(b) Use of a method developed to fill a test method gap.

(c) Use of a new test method developed to apply to a control technology not contemplated in the applicable regulation.

(d) Combining 2 or more sampling or analytical methods, at least one being unproven, into one for application to processes emitting multiple pollutants.

(23s) "Major changes to recordkeeping and reporting" means:

(a) A modification to federally required recordkeeping or reporting that meets one of the following criteria:

1. May decrease the stringency of the required compliance and enforcement measures for the relevant standards.

2. May have national significance.

3. Is not site-specific.

(b) Examples of major changes to recordkeeping and reporting include, but are not limited to:

1. Decreases in the record retention for all records.

2. Waiver of all or most recordkeeping or reporting requirements.

3. Major changes to the contents of reports.

4. Decreases in the reliability of recordkeeping or reporting, such as manual recording of monitoring data instead of required automated or electronic recording or paper reports where electronic reporting may have been required.

(24) "Major source" means any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit considering controls, in the aggregate, 10 tons per year or more of any hazardous air pollutant or 25 tons per year or more of any combination of hazardous air pollutants, unless the administrator establishes a lesser quantity, or in the case of radionuclides, different criteria from those specified in this definition.

(24c) "Malfunction" means any sudden, infrequent and not reasonably preventable failure of air pollution control and monitoring equipment, process equipment, or a process to operate in a normal or usual manner which causes, or has the potential to cause, the emission limitations in an applicable standard to be exceeded. Failures that are caused in part by poor maintenance or careless operation are not malfunctions.

(24e) "Minor alternative monitoring" means:

(a) Federally required monitoring with modifications that meet all of the following criteria:

1. Do not decrease the stringency of the compliance and enforcement measures for the relevant standard.

2. Have no national significance.

3. Are site-specific, made to reflect or accommodate the operational characteristics, physical constraints or safety concerns of an affected source.

(b) Examples of minor modifications to monitoring include, but are not limited to:

1. Modifications to a sampling procedure, such as use of an improved sample conditioning system to reduce maintenance requirements.

2. Increased monitoring frequency.

3. Modification of the environmental shelter to moderate temperature fluctuation and thus protect the analytical instrumentation.

(24m) "Minor change to a test method" means:

(a) A modification to a federally enforceable test method that meets all of the following criteria:

1. Does not decrease the stringency of the emission limitation or standard.

2. Has no national significance.

3. Is site-specific, made to reflect or accommodate the operational characteristics, physical constraints or safety concerns of an affected source.

(b) Examples of minor changes to a test method include, but are not limited to:

1. Field adjustments in a test method's sampling procedure, such as a modified sampling traverse or location to avoid interference from an obstruction in the stack, increasing the sampling time or volume, use of additional impingers for a high moisture situation, accepting particulate emission results for a test run that was conducted with a lower than specified temperature, substitution of a material in the sampling train that has been demonstrated to be more inert for the sample matrix.

2. Changes in recovery and analytical techniques such as a change in quality control or quality assurance requirements needed to adjust for analysis of a certain sample matrix.

(24s) "Minor change to recordkeeping or reporting" means:

(a) A modification to federally required recordkeeping or reporting that meets all of the following criteria:

1. Does not decrease the stringency of the compliance and enforcement measures for the relevant standards.

2. Has no national significance.

3. Is site-specific.

(b) Examples of minor changes to recordkeeping or reporting include, but are not limited to:

1. Changes to recordkeeping necessitated by alternatives to monitoring.

2. Increased frequency of recordkeeping or reporting, or increased record retention periods.

3. Increased reliability in the form of recording monitoring data, such as electronic or automatic recording as opposed to manual recording of monitoring data.

4. Changes related to compliance extensions granted pursuant to s. NR 460.05(7).

5. Changes to recordkeeping for good cause shown for a fixed short duration, such as facility shutdown.

6. Changes to recordkeeping or reporting that is clearly redundant with equivalent recordkeeping or reporting requirements.

7. Decreases in the frequency of reporting for area sources to no less than once a year, for good cause shown, or for major sources to no less than twice a year, for good cause shown.

(24w) "Monitoring" means the collection and use of measurement data or other information to control the operation of a process or pollution control device or to verify a work practice standard relative to assuring compliance with applicable requirements. Monitoring is composed of 4 elements:

(a) Indicators of performance-the parameters you measure or observe for demonstrating proper operation of the pollution control measures or compliance with the applicable emissions limitation or standard. Indicators of performance may include direct or predicted emissions measurements, including opacity, operational parametric values that correspond to process or control device and capture system efficiencies or emissions rates, and recorded findings of inspection of work practice activities, materials tracking, or design characteristics. Indicators may be expressed as a single maximum or minimum value; a function of process variables, for example, within a range of pressure drops; a particular operational or work practice status, for example, a damper position, completion of a waste recovery task, materials tracking; or an interdependency between 2 or among more than 2 variables.

(b) Measurement techniques-the means by which you gather and record information of or about the indicators of performance. The components of the measurement technique include the detector type, location and installation specifications, inspection procedures, and quality assurance and quality control measures. Examples of measurement techniques include continuous emission monitoring systems, continuous opacity monitoring systems, continuous parametric monitoring systems, and manual inspections that include making records of process conditions or work practices.

(c) Monitoring frequency-the number of times you obtain and record monitoring data over a specified time interval. Examples of monitoring frequencies include at least 4 points equally spaced for each hour for continuous emissions or parametric monitoring systems, at least every 10 seconds for continuous opacity monitoring systems, and at least once per operating day or week, month, etc. for work practice or design inspections.

(d) Averaging time-the period over which you average and use data to verify proper operation of the pollution control approach or compliance with the emissions limitation or standard. Examples of averaging time include a 3-hour average in units of the emissions limitation, a 30-day rolling average emissions value, a daily average of a control device operational parametric range, and an instantaneous alarm.

(24y) "New affected source" means the collection of equipment, activities, or both within a single contiguous area and under common control that is included in a section 112 (c) source category or subcategory under section 112 of the Act (42 USC 7412) that is subject to a section 112 (d) or other relevant standard for new sources. This definition of new affected source, and the criteria to be utilized in implementing it, shall apply to each section 112 (d) standard for which the initial proposed rule is signed by the administrator after June 30, 2002. Each relevant standard will define the term new affected source, which will be the same as the affected source unless the administrator finds that a different collection is warranted based on consideration of factors including all of the following:

(a) Emission reduction impacts of controlling individual sources versus groups of sources.

(b) Cost effectiveness of controlling individual equipment.

(c) Flexibility to accommodate common control strategies.

(d) Cost and benefits of emissions averaging.

(e) Incentives for pollution prevention.

(f) Feasibility and cost of controlling processes that share common equipment, such as product recovery devices.

(g) Feasibility and cost of monitoring.

(h) Other relevant factors.

(25) "New MACT source" means any affected source the construction or reconstruction of which is commenced after the administrator first publishes in the federal register a proposed emission standard that would apply to the source under 40 CFR part 63.

(26) "One-hour period", unless otherwise defined in an applicable subpart of 40 CFR part 63 or in an applicable provision of chs. NR 460 to 469, means any 60-minute period commencing on the hour.

(27) "Opacity" means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background. For continuous opacity monitoring systems, opacity means the fraction of incident light that is attenuated by an optical medium.

(28) "Part 70 permit" means any permit issued, renewed or revised under ch. NR 407 for a part 70 source as defined in s. NR 407.02.

(29) "Performance audit" means a procedure to analyze blind samples, the content of which is known by the department, simultaneously with the analysis of performance test samples in order to provide a measure of test data quality.

(30) "Performance evaluation" means the conduct of relative accuracy testing, calibration error testing, and other measurements used in validating the continuous monitoring system data.

(31) "Performance test" means the collection of data resulting from the execution of a test method, usually 3 emission test runs, used to demonstrate compliance with a relevant emission standard as specified in the performance test section of the relevant standard.

(31g) "Pollution prevention" has the meaning given for "source reduction" in the Pollution Prevention Act (42 USC 13102(5)). The definition is as follows:

(a) "Source reduction" is any practice that does both of the following:

1. Reduces the amount of any hazardous substance, pollutant or contaminant entering any waste stream or otherwise released into the environment, including fugitive emissions, prior to recycling, treatment or disposal.

2. Reduces the hazards to public health and the environment associated with the release of the substances, pollutants or contaminants.

(b) The term "source reduction" includes equipment or technology modifications, process or procedure modifications, reformulation or redesign of products, substitution of raw materials, and improvements in housekeeping, maintenance, training or inventory control.

(c) The term "source reduction" does not include any practice that alters the physical, chemical or biological characteristics or the volume of a hazardous substance, pollutant or contaminant through a process or activity which itself is not integral to and necessary for the production of a product or the providing of a service.

(32) "Reconstruction", unless otherwise defined in a relevant standard, means the replacement of components of an affected or a previously nonaffected source to such an extent that all of the following apply:

(a) The fixed capital cost of the new components exceeds 50% of the fixed capital cost that would be required to construct a comparable new MACT source.

(b) It is technologically and economically feasible for the reconstructed source to meet the relevant standards established by the administrator or by the department pursuant to section 112 of the act (42 USC 7412). Upon reconstruction, an affected source, or a stationary source that becomes an affected source, is subject to relevant standards for new MACT sources, including compliance dates, irrespective of any change in emissions of hazardous air pollutants from that source.

Note: The question of whether a relocated source is reconstructed is addressed in s. NR 460.05(3m).

(33) "Regulation promulgation schedule" means the schedule for the promulgation of emission standards under 40 CFR part 63, established by the administrator pursuant to section 112 (e) of the act (42 USC 7412(e)) and published in the federal register.

(34)

(a) "Relevant standard" means any of the following established pursuant to section 112 of the Act (42 USC 7412) that applies to the collection of equipment, activities, or both regulated by the standard or limitation:

1. An emission standard.

2. An alternative emission standard.

3. An alternative emission limitation.

4. An equivalent emission limitation.

(b) A relevant standard may include or consist of a design, equipment, work practice or operational requirement, or other measure, process, method, system or technique, including prohibition of emissions, that the administrator or the department establishes for new or existing sources to which the standard or limitation applies. Every relevant standard established pursuant to section 112 of the Act (42 USC 7412) includes Subpart A of 40 CFR part 63, as provided by 40 CFR 63.1(a) (4), and all applicable appendices of 40 CFR part 63 or other parts of title 40 of the Code of Federal Regulations that are referenced in that standard.

(35) "Run" means one of a series of emission or other measurements needed to determine emissions for a representative operating period or cycle as specified in chs. NR 460 to 469.

(36) "Shutdown" means the cessation of operation of an affected source or portion of an affected source for any purpose.

(37) "Six-minute period" means, with respect to opacity determinations, any one of the 10 equal parts of a 1-hour period.

(37g) "Source at a performance track member facility" means a major or area source located at a facility which has been accepted by EPA for membership in its Performance Track Program and is still a member of the Program.

Note: The Performance Track Program is a voluntary program that encourages continuous environmental improvement through the use of environmental management systems, local community outreach, and measurable results. It is described on EPA's Web site at www.epa.gov/performancetrack.

(37r) "Startup" means the setting in operation of an affected source or portion of an affected source for any purpose.

(38) "Test method" or "method" means the validated procedure for sampling, preparing and analyzing for an air pollutant specified in a relevant standard as the performance test procedure. The test method may include methods described in an appendix of title 40 of the code of federal regulations which has been incorporated by reference in s. NR 484.04 for chs. NR 460 to 469, or methods validated for an application through procedures in Method 301 of Appendix A of 40 CFR part 63 which is incorporated by reference in s. NR 484.04(25).

(38g) "Title V permit" means any permit issued, renewed or revised under ch. NR 407 for a part 70 source as defined in s. NR 407.02(6).

(39) "Visible emission" means the observation of an emission of opacity or optical density above the threshold of vision.

(40) "Working day" has the meaning given for "business day" in s. NR 400.02(36m).

(41) "You" or "your" means the owner or operator of a facility that is subject to requirements under the chapter where the term is used.

(Cr. Register, March, 1997, No. 495, eff. 4-1-97; CR 00-175: am. (intro.), (5) and (22), cr. (5m), (14m), (22g), (22r), (23e), (23m), (23s), (24e), (24m) and (24s) Register March 2002 No. 555, eff. 4-1-02; corrections in (4) and (38) made under s. 13.93(2m) (b) 7, Stats., Register March 2002 No. 555; CR 03-037: am. (intro.) Register March 2004 No. 579, eff. 4-1-04; CR 05-039: am. (1), (6), (10), (15) (b), (18), (25), (32) (intro.), (34) (a) (intro.), (b), and (36), cr. (1) (b), (24c), (24w), (24y), (31g), (37g), (37r) and (40), r. (8) Register February 2006 No. 602, eff. 3-1-06; CR 05-116: am. (intro.), (1) (a) and (5), cr. (41) Register November 2006 No. 611, eff. 12-1-06; CR 04-023: am. (intro.) Register December 2008 No. 636, eff. 1-1-09; CR 07-105: cr. (20m) Register December 2008 No. 636, eff. 1-1-09.)

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