Chapter NR 400

Register January 2012 No. 673

Chapter NR 400

AIR POLLUTION CONTROL DEFINITIONS

NR 400.01   Applicability; purpose.

NR 400.02   Definitions.

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 Note Nothing 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 Note Chapters 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 NR 400.01 Applicability; purpose.

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) (2) “Acid rain phase I affected unit” means any unit listed in Table A of 42 USC 7651c. These are:

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(5) (5) “Act” means the federal Clean Air Act, as defined in s. 285.01 (19), Stats.

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(12) (12) “Air contaminant” has the meaning given in s. 285.01 (1), Stats.

NR 400.02(13) (13) “Air contaminant source” has the meaning given in s. 285.01 (2), Stats.

NR 400.02(14) (14) “Air curtain destructor” has the meaning given in s. 289.51, Stats.

NR 400.02(15) (15) “Air pollutant” means an air contaminant as defined in s. 285.01 (1), Stats.

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(17) (17) “Air pollution control permit” has the meaning given in s. 285.01 (4), Stats.

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(20) (20) “Allocation of the available air resource” has the meaning designated in s. 285.01 (5), Stats.

NR 400.02(21) (21) “Allowable emission” has the meaning given in s. 285.01 (7), Stats.

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)(c) (c) Any standard or other requirement under section 111 of the Act (42 USC 7411).

NR 400.02(26)(d) (d) Any standard or other requirement under section 112 of the Act (42 USC 7412).

NR 400.02(26)(e) (e) Any standard or other requirement of the acid rain program.

NR 400.02(26)(f) (f) Any requirements established pursuant to section 504 (b) or section 114 (a) (3) of the Act (42 USC 7661c (b) or 7414 (a) (3)).

NR 400.02(26)(g) (g) Any standard or other requirement governing solid waste incineration, under section 129 of the Act (42 USC 7429).

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)(i) (i) Any standard or other requirement for tank vessels, under section 183 (f) of the Act (42 USC 7511b (f)).