Any standard or other requirement for consumer and commercial products, under section 183 (e) of the Act (42 USC 7511b
Any standard or other requirement of the regulations promulgated to protect stratospheric ozone under title VI of the Act (42 USC 7671
), unless the administrator has determined that the requirements need not be contained in an operation permit.
Any national ambient air quality standard or increment or visibility requirement under part C of title I of the Act (42 USC 7470
Any source-specific emission limitation established pursuant to ch. 285
, Stats., or rules promulgated thereunder.
“Application equipment" means a device used to apply adhesive, coating, ink or polyester resin materials.
“Approved" means approved by the department of natural resources.
“Approved material safety data sheet" means a material safety data sheet which meets the reporting requirements of the Superfund Amendments Reauthorization Act of 1986 (42 USC 9671
) or regulations of the occupational safety and health administration under 29 CFR 1910.1200
(g), as in effect on February 1, 1998.
“Basic emissions unit" means the smallest collection of equipment which in combination emits or is capable of emitting any air contaminant.
“Belt conveyor" means a conveying device that transports material from one location to another by means of an endless belt that is carried on a series of idlers and routed around a pulley at each end.
“Boiler" means any device with an enclosed combustion chamber in which fuel is burned to heat a liquid for the primary purpose of producing heat or power by indirect heat transfer.
“Breakdown" means a sudden failure of emission control or emission monitoring equipment to function as a result of wear, failure to repair, breakage, unavoidable damage, or other unintentional causes.
“Bucket elevator" means a conveying device for grain, minerals or other materials consisting of a head and foot assembly which supports and drives an endless single or double strand chain or belt to which buckets are attached.
“Bulk gasoline plant" means a gasoline storage and distribution facility which receives gasoline from bulk terminals, stores it in stationary storage tanks, and subsequently distributes it to gasoline dispensing facilities.
“Capacity" means, for purposes of nonmetallic mineral processing, the cumulative rated capacity of all initial crushers that are part of a processing plant.
“Capture efficiency" means the weight per unit time of an air contaminant entering a capture system and delivered to a control device divided by the weight per unit time of the air contaminant generated by the source, expressed as a percentage.
“Capture system" means the equipment (including hoods, ducts, fans, etc.) used to contain, capture, or transport an air contaminant to a control device.
“Coal" means all solid fuels classified as anthracite, bituminous, subbituminous or lignite by ASTM designation D388-99e1 (2004), incorporated by reference in s. NR 484.10 (7)
“Coal-derived fuel" means any fuel, whether in a solid, liquid or gaseous state, produced by the mechanical, thermal or chemical processing of coal, such as pulverized coal, coal refuse, liquified or gasified coal, washed coal, chemically cleaned coal, coal-oil mixtures and coke.
“Coin-operated dry cleaning machine" means a dry cleaning machine that is operated by the customer by placing articles into the machine, turning the machine on, and removing articles from the machine.
“Cold cleaning" means the batch process of cleaning and removing soils from metal surfaces by spraying, brushing, flushing or immersion while maintaining the solvent below its boiling point. Wipe cleaning is not included in this definition.
“Commence construction" means to engage in a program of on-site construction, including a site clearance, grading, dredging or landfilling specifically designed for a stationary source in preparation for the fabrication, erection or installation of the building components of the stationary source.
“Commence modification" means to engage in a program of on-site modification which may include site clearance, grading, dredging or landfilling in preparation for a specific modification of a stationary source.
“Contact adhesive" means an adhesive that is applied to 2 substrates, dried and mated under only enough pressure to result in good contact. The bond is immediate and sufficiently strong to hold pieces together without further clamping, pressure or airing.
“Control device" means equipment used to destroy or remove air contaminants in a gas stream exiting a capture system prior to emission.
“Control efficiency" means the percentage by which a control device or technique reduces the emissions from a stationary source.
“Control system" means any number of control devices, including condensers, which are designed and operated to reduce the quantity of air contaminants emitted to the atmosphere.
“Conveyorized non-vapor degreasing" means the continuous process of cleaning and removing soils from metal surfaces by operating with non-vaporized solvents.
“Conveyorized vapor degreasing" means the continuous process of cleaning and removing soils from metal surfaces by operating with vaporized solvents.
“Crusher" means a machine used to crush any nonmetallic minerals, and includes, but is not limited to, the following types: jaw, gyratory, cone, roll, rod mill, hammermill and impactor.
“Day" means a 24-hour period beginning at midnight.
“Department" means the department of natural resources, state of Wisconsin.
“Designated representative" means a responsible natural person authorized by the owners and operators of an affected source and of all affected units at the source, as evidenced by a certificate of representation submitted in accordance with 40 CFR 72.20
, to represent and legally bind each owner and operator, as a matter of federal law, in matters pertaining to the acid rain program.
“Digital printing" means the transfer of electronic files directly from a computer to an electronically driven output device that prints the image directly on the selected substrate. Printing using home and office equipment is excluded from this definition.
“Direct source" means any stationary source which may directly result in the emission of any air contaminant at a fixed location.
NR 400.02 Note
Note: Examples are a foundry, a grain elevator, a gravel or stone quarry, a paper mill, a power plant or the demolition of a building.
“Emission" means a release, whether directly or indirectly, of any air contaminant to the atmosphere.
“Emission point" means any individual opening at a fixed location through which air contaminants are emitted.
“Emissions unit" means any part of a stationary source which emits or is capable of emitting any air contaminant.
“Equivalent method" means any method of sampling and analyzing for an air pollutant which has been demonstrated to the department's satisfaction to have a consistent and quantitatively known relationship to the reference method, under specified conditions.
“Facility" means an establishment—
residential, commercial, institutional or industrial—which emits or causes emissions of air contaminants.
“Federally enforceable" means all limitations and conditions which are enforceable by the administrator, including those requirements developed pursuant to chs. NR 440
and subch. III of ch. NR 446
and under sections 111 and 112 of the Act (42 USC 7411
), requirements within any applicable state implementation plan and any permit requirements established pursuant to ch. NR 405
, or 409
except those limitations and conditions which are designated as not federally enforceable.
NR 400.02 Note
Note: Permit or state implementation plan limitations generally considered federally enforceable are limitations on the allowable capacity of the equipment, requirements for the installation, operation and maintenance of pollution control equipment, limits on hours of operation and restrictions on amounts of materials combusted, stored or produced. To be federally enforceable, restrictions on operation, production or emissions must reflect the shortest practicable time period, in no event for a period in excess of 30 days, and they must be tied to other enforceable operating restrictions at the source. General limitations on potential to emit, such as yearly limits in tons per year, by themselves, are not considered federally enforceable. The use of hourly, daily, weekly or monthly rolling averages are generally acceptable. Any federally enforceable limitations or conditions must be practically enforceable, ensure continuous compliance with the restrictions and include adequate testing, monitoring and recordkeeping procedures in an applicable federally issued permit, in a federally approved state implementation plan or in a permit issued under the state implementation plan.
“Fixed capital cost" means the capital needed to provide all of the depreciable components of a stationary source.
“Fixed plant" means any nonmetallic mineral processing plant at which the processing equipment is attached or clamped by a cable, chain, turnbuckle, bolt or other means, except electrical connections, to any anchor, slab or structure including bedrock.
“Forest County Potawatomi Community Class I area" or “FCPC Class I area" means those land parcels of the Forest County Potawatomi Reservation that are designated as a non-federal Class I area by EPA under 40 CFR 52.2581
. The FCPC Class I area has a geographic center, as determined by the department, at latitude 45.49978°
N, longitude 88.64377°
“Fossil fuel" means natural gas, petroleum, coal or any form of solid, liquid or gaseous fuel derived from such material.
“Fossil fuel-fired" means the combustion of fossil fuel or any derivative of fossil fuel, alone or in combination with any other fuel, without regard to the percentage of fossil fuel consumed in any calendar year.
“Fuel" means any solid, liquid or gaseous materials used to produce useful heat or power by burning.
“Fuel oil" means any petroleum-based fuel, including diesel fuel or petroleum derivatives such as oil tar, as defined in ASTM D396-02a, incorporated by reference in s. NR 484.10 (8)
, and any recycled or blended petroleum products or petroleum by-products used as a fuel whether in a liquid, solid or gaseous state.
“Fugitive emission" means an emission from any emission point within a facility other than a flue or stack.
“Gasoline" means any petroleum distillate or petroleum distillate/alcohol blend having a Reid vapor pressure of 27.6 kilopascals or greater which is used as a fuel for internal combustion engines.
“Gasoline dispensing facility" means any site where gasoline is dispensed to motor vehicle gasoline tanks from stationary storage tanks.
“General permit" means a permit that may be applicable to similar stationary sources and is issued in accordance with s. 285.60 (3)
“Graphic arts" means any printing operations described by 2-digit major group 27 in the Standard Industrial Classification Manual, 1987, incorporated by reference in s. NR 484.05 (1)
“Greenhouse gases" or “GHG" means an air pollutant that is the aggregate of carbon dioxide (CO2
), methane (CH4
), nitrous oxide (N2
O), sulfur hexafluoride (SF6
), hydrofluorocarbons (HFCs), and perfluorocarbons (PFCs).
“Grinding mill" means a machine used for the wet or dry fine crushing of any nonmetallic mineral. Grinding mills include, but are not limited to, the following types: hammer, roller, rod, pebble and ball, and fluid energy. The grinding mill includes the air conveying system, air separator or air classifier, where such systems are used.
"Halogenated hazardous air pollutant compound" or “halogenated HAP compound" means methylene chloride (CAS no. 75-09-2), perchloroethylene (CAS no. 127-18-4), trichloroethylene (CAS no. 79-01-6), 1,1,1-trichloroethane (CAS no. 71-55-6), carbon tetrachloride (CAS no. 56-23-5) or chloroform (CAS no. 67-66-3).
“Halogenated hazardous air pollutant solvent" or “halogenated HAP solvent" means any solvent that contains a halogenated HAP compound or a combination of halogenated HAP compounds, in a total concentration greater than 5% by weight. The concentration of these compounds in the solvent may be determined using Method 18 of Appendix A, 40 CFR part 60
, incorporated by reference in s. NR 484.04 (16)
, material safety data sheets or engineering calculations.
“Hazardous air pollutants listed under section 112(b) of the act" means the federally regulated air pollutants included in the list in section 112(b)(1) of the Act (42 USC 7412
(b)(1)) as revised by 40 CFR part 63
“Heat input" means the total gross calorific value per unit of time of all fuels being burned, where gross calorific value of a fuel is measured by ASTM Method D240-02, D1826-94 or D5865-04, incorporated by reference in s. NR 484.10 (4)
. Where the test method gives a higher and a lower heating value, heat input is calculated in Btu per hour using the higher heating value of the fuel.
“Implementation plan" means a plan adopted to implement, maintain and enforce air standards within the state, an air region, or a portion of the state or region.
“Incinerator" means a combustion apparatus designed for high temperature operation in which solid, semisolid, liquid, or gaseous combustible wastes are ignited and burned to produce solid and gaseous residues containing little or no combustible material.
“Increase in the net amount of emissions" has the same meaning as the phrase “net emissions increase" which is defined in s. NR 405.02 (24)
“Indirect source" means any stationary source which attracts or may attract mobile source activity or on which mobile source activity is conducted, thus resulting in the indirect emissions of any air contaminant, at or on the indirect source itself, attributable to the motor vehicles or the mobile source activity. Such indirect sources include, but are not limited to highways and roads; parking facilities; retail, commercial and industrial facilities; recreation, amusement, sports and entertainment facilities; airports, bus terminals and train stations; office and government buildings; and educational facilities.
“Industrial cleaning operations" means the process of cleaning products, product components, tools, equipment or general work areas during production, repair, maintenance or servicing with solvents or solvent solutions.
“Industrial sand mine" means any mine, pit or quarry to which the standard industrial classification (SIC) category number 1446 applies. The SIC category for a source is determined by reference to the Standard Industrial Classification Manual, 1987, which is incorporated by reference in s. NR 484.05 (1)
NR 400.02 Note
For more detailed information on what the department treats as infectious waste, see subch. II of ch. NR 526
“Kraft pulp" means any pulp produced with an alkaline sulfide solution containing sodium hydroxide and sodium sulfide for a cooking liquor.
“Laboratory" means a facility or portion of a multi-use facility which does not produce a product for regular commercial use or sale and which is used primarily for scientific or technical experimentation or observation of matter for the purpose of research, development, quality assurance, analysis or teaching.
“Ledge rock quarry" means any open pit to which the standard industrial classification (SIC) category number 1411, 1422, 1423, or 1429 applies where drilling and blasting is required to extract the nonmetallic mineral. The SIC category for a source is determined by reference to the Standard Industrial Classification Manual, 1987, which is incorporated by reference in s. NR 484.05 (1)
“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.
“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.
“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.
“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.