Chapter NR 400
AIR POLLUTION CONTROL DEFINITIONS
NR 400.01 Applicability; purpose.
NR 400.03 Units and abbreviations.
Ch. NR 400 Note
Note: Chapter
285, Stats., directs the department of natural resources to organize a comprehensive program to enhance the quality, management and protection of the state's air resources. Chapters
NR 400 to
499 are the central part of that program. Chapter
285, Stats., also addresses the role of county government in establishing local air pollution control programs in cooperation with the department.
Ch. NR 400 Note
The objectives of these rules are to maintain standards of air quality at a level which will provide adequate protection to public health and welfare, and prevent detrimental effects on property and our environment.
Ch. NR 400 NoteNothing in chs.
NR 400 to
499 or in ch.
285, Stats., prohibits a county or local jurisdiction from adopting more restrictive ordinances where local conditions indicate their need. Chapters
NR 400 to
499, all or in part, may be adopted by reference by a county or municipality.
Ch. NR 400 Note
It is the department's policy to seek reasonable uniformity among local air pollution control ordinances in order to make the statewide comprehensive program more effective and less complicated for all persons concerned.
Ch. NR 400 NoteChapters
NR 400 to
499 are subject to periodic revision to reflect changing state and federal mandates, advancing control technology, increasing knowledge of the effect on human health of sub-acute long term exposure to air pollutants, and increased knowledge of the effect of pollutants on plant life, animal life, soils and water resources.
NR 400.01(1)(1)
Applicability. This chapter applies to terms, units and abbreviations used in chs.
NR 400 to
499. In addition to the definitions in this chapter, other definitions may be included in individual chapters or sections in chs.
NR 401 to
499 which are applicable to terms, units or abbreviations used in those respective chapters or sections. If an individual chapter or section defines a term which is also defined in this chapter, the definition contained in the individual chapter or section shall apply within that chapter or section, rather than the definition in this chapter.
NR 400.01(2)
(2)
Purpose. This chapter is adopted under ss.
285.11 and
285.13, Stats., to establish a set of definitions for terms commonly used throughout chs.
NR 400 to
499. Individual chapters or sections in chs.
NR 401 to
499 may contain additional definitions for terms unique to an individual chapter or section or to a specified series of chapters.
NR 400.01 History
History: Cr.
Register, September, 1986, No. 369, eff. 10-1-86; am.
Register, February, 1990, No. 410, eff. 3-1-90; am. (1),
Register, April, 1995, No. 472, eff. 5-1-95; correction in (2) made under s. 13.93 (2m) (b) 7., Stats.,
Register, 1996, No. 492; am. (1) and (2),
Register, March, 1997, No. 495, eff. 4-1-97.
NR 400.02
NR 400.02 Definitions. Except
when another definition is specifically made applicable, in chs.
NR 401 to
499:
NR 400.02(1)
(1) “
Acid rain allowance" or “allowance" means an authorization by the administrator under the acid rain program to emit up to one ton of sulfur dioxide during or after a specified calendar year.
NR 400.02(2)(a)
(a) Wisconsin Power and Light — Edgewater generating station unit 4.
NR 400.02(2)(b)
(b) Dairyland Power Cooperative — Genoa generating station unit 3.
NR 400.02(2)(c)
(c) Wisconsin Power and Light — Nelson Dewey generating station units 1 and 2.
NR 400.02(2)(d)
(d) Wisconsin Electric Power Company — North Oak Creek generating station units 1, 2, 3 and 4 and South Oak Creek generating station units 5, 6, 7 and 8.
NR 400.02(2)(e)
(e) Wisconsin Public Service Corporation — Pulliam generating station unit 8.
NR 400.02(3)
(3) “Acid rain program" means the national sulfur dioxide and nitrogen oxides air pollution control and emissions reduction program established in accordance with title IV of the Act (
42 USC 7651 to
7651o) and
40 CFR parts 72 to
78.
NR 400.02(4)
(4) “Acid rain provision" means any provision of an operation permit implementing an applicable requirement of the acid rain program.
NR 400.02(6)
(6) “Actual emissions" means the total emissions generated by a facility over a specified period of time taking into account any reductions made by a control device or technique.
NR 400.02(7)
(7) “Actual operation" means, for purposes of nonmetallic mineral quarrying or mining, the number of calendar days on which there is operation of any blasting, drilling or other movement or transfer of naturally occurring rock at a quarry or mine.
NR 400.02(8)
(8) “Actual production" means, for purposes of nonmetallic mineral quarrying or mining, sales amount in tons of nonmetallic mineral as measured at the quarry or mine.
NR 400.02(9)
(9) “Administrator" means the administrator of the EPA or designee.
NR 400.02(10)
(10) “Affected source" means a stationary source that includes one or more affected units that are subject to an emissions reduction requirement or emissions limitation under the acid rain program.
NR 400.02(11)
(11) “Affected unit" means an emissions unit that is subject to any emissions reduction requirement or emissions limitation under the acid rain program.
NR 400.02(16)
(16) “Air pollution" means the presence in the atmosphere of one or more air contaminants in such quantities and of such duration as is or tends to be injurious to human health or welfare, animal or plant life, or property, or would unreasonably interfere with the enjoyment of life or property.
NR 400.02(18)
(18) “Air quality control region" or “AQCR" means an area designated under
42 USC 7407 or s.
NR 404.03 in which a plan to maintain or achieve air standards is implemented on a regional basis. Air quality control regions include both interstate and intrastate regions.
NR 400.02(19)
(19) “Air region" means an area such as an AQCR designated pursuant to federal or Wisconsin laws in which a program to maintain or achieve air standards is implemented on a regional basis.
NR 400.02(19m)
(19m) “Air standard" or “ambient air quality standard" means the specified levels of air quality which are necessary to protect public health and welfare. Ambient air quality standards include primary and secondary air standards.
NR 400.02(22)
(22) “Alternate 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 to act in lieu of the designated representative, as evidenced by a certificate of representation submitted in accordance with
40 CFR 72.22, who may act on behalf of the designated representative to represent and legally bind each owner and operator, as a matter of federal law, in matters pertaining to the acid rain program.
NR 400.02(23)
(23) “Alternative method" means any method of sampling and analyzing for an air pollutant which is not a reference or equivalent method but which has been demonstrated to the department's satisfaction to produce, in specific cases, results adequate for the department's determination of compliance.
NR 400.02(24)
(24) “Ambient air" means the portion of the atmosphere external to buildings and to which the general public has access.
NR 400.02(25)
(25) “Ambient air increment" or “air increment" means the maximum allowable increase in concentration of an air contaminant above the base line concentration of the air contaminant.
NR 400.02(26)
(26) “Applicable requirement" means all of the following as they apply to emissions units at a source, including requirements that have been promulgated or approved by EPA or the department through rulemaking at the time of permit issuance but for which compliance is required after the date of permit issuance:
NR 400.02(26)(a)
(a) Any standard or other requirement provided for in the applicable implementation plan approved or promulgated by EPA through rulemaking in
40 CFR part 52.
NR 400.02(26)(b)
(b) Any term or condition of any construction permit issued pursuant to ch.
NR 405,
406 or
408 or to regulations approved or promulgated by EPA through rulemaking under title I of the Act (
42 USC 7401 to
7515).
NR 400.02(26)(e)
(e) Any standard or other requirement of the acid rain program.
NR 400.02(26)(h)
(h) Any standard or other requirement for consumer and commercial products, under section 183 (e) of the Act (
42 USC 7511b (e)).
NR 400.02(26)(j)
(j) Any standard or other requirement of the regulations promulgated to protect stratospheric ozone under title VI of the Act (
42 USC 7671 to
7671q), unless the administrator has determined that the requirements need not be contained in an operation permit.
NR 400.02(26)(k)
(k) Any national ambient air quality standard or increment or visibility requirement under part C of title I of the Act (
42 USC 7470 to
7492).
NR 400.02(26)(m)
(m) Any source-specific emission limitation established pursuant to ch.
285, Stats., or rules promulgated thereunder.
NR 400.02(26m)
(26m) “Application equipment" means a device used to apply adhesive, coating, ink or polyester resin materials.
NR 400.02(27)
(27) “Approved" means approved by the department of natural resources.
NR 400.02(27m)
(27m) “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 to
9675) or regulations of the occupational safety and health administration under
29 CFR 1910.1200 (g), as in effect on February 1, 1998.
NR 400.02(29)
(29) “Basic emissions unit" means the smallest collection of equipment which in combination emits or is capable of emitting any air contaminant.
NR 400.02(30)
(30) “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.
NR 400.02(33)
(33) “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.
NR 400.02(34)
(34) “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.
NR 400.02(35)
(35) “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.
NR 400.02(36)
(36) “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.
NR 400.02(37)
(37) “Capacity" means, for purposes of nonmetallic mineral processing, the cumulative rated capacity of all initial crushers that are part of a processing plant.
NR 400.02(38)
(38) “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.
NR 400.02(39)
(39) “Capture system" means the equipment (including hoods, ducts, fans, etc.) used to contain, capture, or transport an air contaminant to a control device.
NR 400.02(40)
(40) “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).
NR 400.02(41)
(41) “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.
NR 400.02(42)
(42) “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.
NR 400.02(43)
(43) “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.
NR 400.02(44)
(44) “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.
NR 400.02(45)
(45) “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.
NR 400.02(45m)
(45m) “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.
NR 400.02(46)
(46) “Control device" means equipment used to destroy or remove air contaminants in a gas stream exiting a capture system prior to emission.
NR 400.02(47)
(47) “Control efficiency" means the percentage by which a control device or technique reduces the emissions from a stationary source.
NR 400.02(48)
(48) “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.
NR 400.02(49)
(49) “Conveyorized non-vapor degreasing" means the continuous process of cleaning and removing soils from metal surfaces by operating with non-vaporized solvents.
NR 400.02(50)
(50) “Conveyorized vapor degreasing" means the continuous process of cleaning and removing soils from metal surfaces by operating with vaporized solvents.
