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NR 400.02(92)(92)“Light-duty trucks” means any motor vehicles rated at 3864 kilograms (8500 pounds) gross weight or less which are designed primarily for the purpose of transporting goods and materials, or derivatives of such vehicles.
NR 400.02(93)(93)“Lowest achievable emission rate” has the meaning given in s. 285.01 (23), Stats.
NR 400.02(93m)(93m)“Maintenance cleaning” means an activity carried out to keep general work areas, tools, machinery or equipment, excluding application equipment, in clean and good operational condition.
NR 400.02(94)(94)“Malfunction” means any sudden failure of air pollution control equipment or process equipment or of a process to operate in a normal or usual manner. Failures that are caused entirely or in part by poor maintenance, careless operation or any other preventable upset condition or preventable equipment breakdown are not malfunctions.
NR 400.02(95)(95)“Maximum theoretical emissions” means the quantity of air contaminants that theoretically could be emitted by a stationary source without control devices based on the design capacity or maximum production capacity of the source. When determining annual maximum theoretical emissions, a source shall be presumed to operate 8,760 hours per year unless its physical design precludes 8,760 hours of operation per year. Where a source’s physical design restricts the number of hours it may operate, annual maximum theoretical emissions shall be calculated taking this restriction into account. In determining the maximum theoretical emissions of VOCs for a source, the design capacity or maximum production capacity shall include the use of raw materials, coatings and inks with the highest VOC content used in practice by the source. In determining the maximum theoretical emissions of a hazardous air contaminant for a source, the design capacity or maximum production capacity shall include the use of raw materials, coatings, inks and fuels with the highest hazardous air contaminant content used in practice by the source. Realistic operating conditions shall be taken into account in determining emissions under this subsection.
NR 400.02(96)(96)“Metropolitan county” means a county which has been designated as either a metropolitan statistical area or a primary metropolitan statistical area by the federal office of management and budget in Metropolitan Areas, 1993, incorporated by reference in s. NR 484.05 (3).
NR 400.02 NoteNote: The 20 Wisconsin counties which have been so designated are the counties of Brown, Calumet, Chippewa, Dane, Douglas, Eau Claire, Kenosha, La Crosse, Marathon, Milwaukee, Outagamie, Ozaukee, Pierce, Racine, Rock, Sheboygan, St. Croix, Washington, Waukesha and Winnebago.
NR 400.02(97)(97)“Minor source” means any stationary source which is not a major source.
NR 400.02 NoteNote: Definitions for “major source” which apply in different situations are given in ss. NR 405.02 (22), 407.02 (4), 408.02 (21), 460.02 (24), 468.20 (2) (L) and 468.30 (2) (g).
NR 400.02(98)(98)“Mobile source” means any motor vehicle, vessel, aircraft or equipment other than a semistationary source which is capable of emitting any air contaminant while moving or idling on the ground or in the water. Mobile sources include automobiles, motorcycles, trucks, buses, snowmobiles, motorboats, steamships, earthmoving equipment, locomotives and aircraft.
NR 400.02(99)(99)“Modification” means any physical change in, or change in the method of operation of, a stationary source that increases the amount of emissions of an air contaminant or that results in the emission of an air contaminant not previously emitted. A modification does not include any changes identified in s. NR 406.04 (4).
NR 400.02(102)(102)“Motor vehicle” or “vehicle” means every self-propelled device, except railroad trains, by which any person or property is or may be transported or drawn upon a highway.
NR 400.02(103)(103)“Municipality” has the meaning given it in s. 285.01 (28), Stats.
NR 400.02(104)(104)“Natural gas” means a naturally occurring fluid mixture of hydrocarbons containing little or no sulfur such as methane, ethane or propane, produced in geological formations beneath the earth’s surface, and maintaining a gaseous state at standard atmospheric temperature and pressure conditions.
NR 400.02(105)(105)“New direct or portable source” means a direct or portable source, the construction or modification of which is commenced after April 1, 1972, or the effective date of promulgation of an emission limit which applies.
NR 400.02(107)(107)“Nitrogen oxides” or “NOx” means all oxides of nitrogen except nitrous oxide.
NR 400.02(107m)(107m)“Non-atomized flow” means the use of solvent or solvent solution in the form of a liquid stream without atomization to remove uncured adhesives, uncured inks, uncured coatings or contaminants from an article.
NR 400.02(108)(108)“Nonattainment area” has the meaning given in s. 285.01 (30), Stats.
NR 400.02(109)(109)“Nonmetallic mineral” means any of the following minerals or any mixture of which more than half the weight is any combination of the following minerals:
NR 400.02(109)(a)(a) Crushed and broken stone, including limestone, dolomite, granite, traprock, sandstone, quartz, quartzite, marl, marble, slate, shale, oil shale and shell.
NR 400.02(109)(b)(b) Sand and gravel.
NR 400.02(109)(c)(c) Clay including kaolin, fireclay, bentonite, Fuller’s earth, Ball clay and common clay.
NR 400.02(109)(d)(d) Rock salt.
NR 400.02(109)(f)(f) Sodium compounds, including sodium carbonate, sodium chloride and sodium sulfate.
NR 400.02(109)(h)(h) Gilsonite.
NR 400.02(109)(i)(i) Talc and pyrophyllite.
NR 400.02(109)(j)(j) Boron, including borax, kernite and colemanite.
NR 400.02(109)(L)(L) Fluorospar.
NR 400.02(109)(m)(m) Feldspar.
NR 400.02(109)(n)(n) Diatomite.
NR 400.02(109)(o)(o) Perlite.
NR 400.02(109)(p)(p) Vermiculite.
NR 400.02(109)(r)(r) Kyanite, including andalusite, sillimanite, topaz and dumortierite.
NR 400.02(110)(110)“Nonmetallic mineral processing plant” means any combination of equipment that is used to crush or grind any nonmetallic mineral wherever located, including but not limited to lime plants, power plants, steel mills, asphalt concrete plants and portland cement plants.
NR 400.02(111)(111)“Opacity” means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background.
NR 400.02 NoteNote: 20% opacity is equal to one unit on the Ringlemann Chart.
NR 400.02(112)(112)“Open top vapor degreasing” means the batch process of cleaning and removing soils from metal surfaces by condensing hot solvent vapor on the colder metal parts.
NR 400.02(113)(113)“Operator” means any person who leases, controls, operates or supervises a facility, an air contaminant source, or air pollution control equipment.
NR 400.02(114)(114)“Organic compound” means a compound of carbon excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides, metallic carbonates and ammonium carbonate.
NR 400.02(115)(115)“Overall emission reduction efficiency” means the weight per unit time of an air contaminant removed by a control device divided by the weight per unit time of the air contaminant generated by the source, expressed as a percentage.
NR 400.02(116)(116)“Ozone” means an allotropic form of oxygen found in the atmosphere which is a photochemical oxidant that oxidizes compounds not readily oxidized by oxygen alone; ozone is a secondary pollutant resulting from the conversion of oxygen in the presence of sunlight and such precursors as volatile organic compounds and nitrogen oxides.
NR 400.02(117)(117)“Ozone season” means the period from May 1 through September 30 of any year.
NR 400.02(118)(118)“Particulate” or “particulate matter” means any airborne finely divided solid or liquid material with an aerodynamic diameter smaller than 100 micrometers.
NR 400.02(119)(119)“Particulate matter emissions” means all finely divided solid or liquid material, other than uncombined water, emitted to the ambient air as measured by an applicable reference method or an equivalent or alternative method specified by the department.
NR 400.02(120)(120)“Parts per million” or “ppm” means parts of a contaminant per million parts of gas by volume.
NR 400.02(121)(121)“Performance test” means measurements of emissions or other procedures used for the purpose of determining compliance with a standard of performance.
NR 400.02(122)(122)“Permit” means any air pollution control permit issued by the department under s. 285.60, Stats.
NR 400.02(123)(123)“Person” means any individual, corporation, company, cooperative, operator, tenant, lessee, syndicate, partnership, co-partnership, firm, association, trust, estate, public or private institution, joint stock company, political subdivision of the state of Wisconsin, state agency, interstate agency, federal agency, or any legal successor, representative, agent or agency of the foregoing.
NR 400.02(123e)(123e)“PM2.5” means particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers as measured in the ambient air by a reference method based on Appendix L of 40 CFR part 50, incorporated by reference in s. NR 484.04 (6g), and designated in accordance with 40 CFR part 53, incorporated by reference in s. NR 484.03 (5), or by an equivalent method.
NR 400.02(123m)(123m)“PM2.5 emissions” means PM2.5 emitted to the ambient air as measured by an applicable reference method or an equivalent or alternative method specified by the department. PM2.5 emissions include filterable emissions and gaseous emissions from a source or activity that condense to form particulate matter at ambient temperatures.
NR 400.02(123s)(123s)“PM10” means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers as measured in the ambient air by a reference method based on Appendix J of 40 CFR part 50, incorporated by reference in s. NR 484.04 (5), and designated in accordance with 40 CFR part 53, incorporated by reference in s. NR 484.03 (5), or by an equivalent method.
NR 400.02(124)(124)“PM10 emissions” means finely divided solid or liquid material, with an aerodynamic diameter less than or equal to a nominal 10 micrometers, emitted to the ambient air as measured by an applicable reference method or an equivalent or alternative method specified by the department. PM10 emissions include filterable emissions and gaseous emissions from a source or activity that condense to form particulate matter at ambient temperatures.
NR 400.02(125)(125)“Portable plant” means, with reference to any nonmetallic mineral processing plant, any plant that is mounted on any chassis or skids and may be moved by the application of a lifting or pulling force. In addition, there may be no cable, chain, turnbuckle, bolt or other means, except electrical connections, by which any piece of equipment is attached or clamped to any anchor, slab or structure, including bedrock, that would have to be removed prior to the application of a lifting or pulling force for the purpose of transporting the unit.
NR 400.02(126)(126)“Portable source” means any facility, installation, operation or equipment which may directly result in the emission of any air contaminant only while at a fixed location but is capable of being transported to a different location. A portable source is a type of direct stationary source.
NR 400.02 NoteNote: Examples are a portable asphalt plant, a portable package boiler or a portable air curtain destructor.
NR 400.02(127)(127)“Potential to emit” means the maximum capacity of a stationary source to emit any air contaminant under its physical and operational design. Any physical or operational limitation on the capacity of a source to emit an air contaminant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored or processed, shall be treated as part of its design if the limitation is enforceable by the administrator.
NR 400.02(128)(128)“Process line” means one or more actions or unit operations which must function simultaneously or in sequence in order to manufacture or modify a product.
NR 400.02 NoteNote: For example, a spray booth, conveyor and drying oven are considered a process line.
NR 400.02(129)(129)“Reasonably available control technology” or “RACT” means that which provides the lowest emission rate that a particular source is capable of achieving by the application of control technology that is reasonably available considering technological and economic feasibility. Such technology may previously have been applied to similar, but not necessarily identical, source categories.
NR 400.02(130)(130)“Reconstruction” means the removal of components of a stationary source and the substitution of those components with similar new components to such an extent that the fixed capital cost of the new components exceeds 50% of the fixed capital cost that would be required to construct a comparable entirely new stationary source. The term “reconstruction” does not apply to minor sources.
NR 400.02(131)(131)“Reference method” means any method of sampling and analyzing for an air pollutant as described in Appendix A of 40 CFR part 60, Appendix B of 40 CFR part 61 or Appendix A of 40 CFR part 63, incorporated by reference in s. NR 484.04 (13), (23), and (25).
NR 400.02(131m)(131m)“Registration permit” means a permit that may be applicable to stationary sources with low actual or potential emissions and is issued in accordance with s. 285.60 (2g), Stats.
NR 400.02(132)(132)“Relocation” means the removal of a stationary source from one location and the siting of the stationary source at a different location.
NR 400.02(133)(133)“Remediation” means the removal of a contaminant from a solid or liquid material.
NR 400.02(133e)(133e)“Remote reservoir cleaner” means a cleaning device in which solvents or solvent solutions are pumped from a container to a sink-like work area and the solvents or solvent solutions from the sink-like area drain into an enclosed container while parts are being cleaned.
NR 400.02(133m)(133m)“Repair cleaning” means a cleaning operation or activity carried out during a repair process.
NR 400.02(133s)(133s)“Repair process” means the process of returning a damaged object or an object not operating properly to good operating condition.
NR 400.02(134)(134)“Replacement of a source” means the physical dismantling of a stationary source and the substitution of that source with a stationary source which is similar in operating capacity and function.
NR 400.02(135)(135)“Residual fuel oil” means an industrial fuel oil of grade No. 4, 5 or 6, as determined by the specifications in ASTM D396-02a, incorporated by reference in s. NR 484.10 (8).
NR 400.02(136)(136)“Responsible official” means one of the following:
NR 400.02(136)(a)(a) For a corporation, one of the following:
NR 400.02(136)(a)1.1. A president, secretary, treasurer or vice-president of the corporation in charge of a principal business function.
NR 400.02(136)(a)2.2. Any other person who performs similar policy or decision-making functions for the corporation.
NR 400.02(136)(a)3.3. A duly authorized representative of a person listed in subd. 1. or 2. if the representative is responsible for the overall operation of one or more manufacturing, production or operating facilities applying for or subject to a permit and the representative is approved in advance by the department.
NR 400.02(136)(b)(b) For a partnership or sole proprietorship: a general partner or the proprietor, respectively.
NR 400.02(136)(c)(c) For a municipality, or a state, federal or other public agency: either a principal executive officer or ranking elected official. For the purposes of this paragraph, a principal executive officer of a federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency, for example, a regional administrator of EPA.
NR 400.02(136)(d)(d) Notwithstanding pars. (a), (b) and (c), for affected sources, the designated representative.
NR 400.02(136m)(136m)“Restricted use RICE” means a stationary RICE that is one of the following:
NR 400.02(136m)(a)(a) Operated no more than 200 hours per year and that meets the definition of emergency stationary RICE or black start engine in 40 CFR 63.6675.
NR 400.02(136m)(b)(b) Operated in accordance with the definition of limited use stationary RICE in 40 CFR 63.6675.
NR 400.02 NoteNote: An internal combustion engine that meets the definition of non-road engine in 40 CFR 63.6675 is not a stationary RICE.
NR 400.02(136r)(136r)“RICE” means a reciprocating internal combustion engine.
NR 400.02(137)(137)“Ringlemann Chart” means the chart published by the U.S. bureau of mines in which are illustrated graduated shades of grey to black for use in estimating the shade or density of smoke.
NR 400.02 NoteNote: One unit on the Ringlemann Chart equals 20% opacity. The Ringlemann Chart is published as Figure 1 in “Fundamentals of Smoke Abatement,” December 1950, bureau of mines Information Circular 7588, which is incorporated by reference in s. NR 484.06 (2).
NR 400.02(138)(138)“Road” means the entire width between boundary lines of any way open to the public for vehicular travel.
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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.