Chapter NR 460

NR 460.01 Note Note: This paragraph addresses federal MACT standards that have not yet been promulgated by the department under chs. NR 460 to 469. Standards established under 40 CFR part 63 include a table that identifies special provisions which supersede the general provisions of 40 CFR part 63 Subpart A. This table in the federal standard will be used as a guide for identifying special provisions that supersede comparable provisions of this chapter.

NR 460.01(1)(c) (c) If the owner or operator of an existing source obtains a compliance date extension for the source in accordance with the provisions of 40 CFR part 63, Subpart D, the owner or operator shall comply with all requirements of this chapter except those requirements that are specifically overridden in the extension of the compliance for that source.

NR 460.01 Note Note: Extensions under the early reduction program of 40 CFR part 63, Subpart D, are only available from EPA.

NR 460.01(1)(d) (d) This chapter does not apply to the owner or operator of any facility subject to the provisions of s. NR 468.20.

NR 460.01(1)(e) (e) All references to 40 CFR part 60, 40 CFR part 61 and 40 CFR part 63 in this chapter mean those parts of the code of federal regulations as in effect on April 1, 2002, with the following exceptions:

NR 460.01(1)(e)1. 1. In par. (b), 40 CFR part 63 means that part as it exists on the effective date of the relevant federal standard, including future standards.

NR 460.01(1)(e)2. 2. In the case of CFR appendices incorporated by reference in ch. NR 484, if a more recent date is specified in the applicable section of ch. NR 484, that date shall apply.

NR 460.01(2) (2) Purpose. Chapters NR 460 to 469 are adopted to enable the department to implement and enforce standards for stationary sources promulgated by EPA under section 112 of the act (42 USC 7412), as required by ss. 285.27 (2) and 285.65, Stats. This chapter is adopted under ss. 285.11, 285.13 and 285.17, Stats., to establish general provisions for notification, recordkeeping, monitoring and reporting requirements for sources of hazardous air contaminants.

NR 460.01 Note Note: This chapter is based on federal regulations contained in 40 CFR part 63 subpart A as last revised on May 16, 2007. The chapter also reflects the federal authority delegation provisions of 40 CFR part 63 subpart E as last revised on September 14, 2000. In addition to meeting the requirements of this chapter, any major new or reconstructed source subject to a relevant standard under 40 CFR part 63 is required to obtain a construction permit under ch. NR 406 as indicated in s. NR 406.04 (2) (h). Also, most other new or modified sources are required to submit an operation permit application before commencing operation under s. NR 407.04 (1) (b) 3.

NR 460.01 History History: Cr. Register, March, 1997, No. 495, eff. 4-1-97; am. (2), Register, November, 1999, No. 527, eff. 12-1-99; CR 00-175: am. (1) (e) (intro.) Register March 2002 No. 555, eff. 4-1-02.

NR 460.02 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.

NR 460.02(1) (1) “Affected source” means one of the following:

NR 460.02(1)(a) (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.

NR 460.02(1)(b) (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).

NR 460.02 Note 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.

NR 460.02(2) (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.

NR 460.02(3) (3) “Alternative emission standard” means an alternative, at least equivalent means of emission limitation as determined by the administrator.

NR 460.02 Note Note: The procedure under which approval of an alternative emission standard may be requested is given in 40 CFR 63.6 (g).

NR 460.02(4) (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.

NR 460.02(5) (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.

NR 460.02(5m) (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.

NR 460.02(6) (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.

NR 460.02(7) (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).

NR 460.02(9) (9) “Compliance schedule” means any of the following:

NR 460.02(9)(a) (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.

NR 460.02(9)(b) (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.

NR 460.02(9)(c) (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.

NR 460.02(10) (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.

NR 460.02 Note Note: Section NR 460.05 (3m) addresses source relocation.

NR 460.02(11) (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.

NR 460.02(12) (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.

NR 460.02(13) (13) “Continuous opacity monitoring system” or “COMS” means a continuous monitoring system that measures the opacity of emissions.

NR 460.02(14) (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.

NR 460.02(14m) (14m) “Control system” means the combination of capture and control devices used to reduce emission of air contaminants.

NR 460.02(15) (15) “Effective date” means either of the following:

NR 460.02(15)(a) (a) With regard to an emission standard established under 40 CFR part 63, the date of promulgation in the federal register of the standard.

NR 460.02(15)(b) (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.

NR 460.02(16) (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)).

NR 460.02(17) (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.

NR 460.02(18) (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)).

NR 460.02(19) (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.

NR 460.02(20) (20) “Existing source” means any affected source that is not a new MACT source.

NR 460.02(20m) (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.

NR 460.02 Note 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.

NR 460.02(21) (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.

NR 460.02(22) (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.

NR 460.02(22g) (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:

NR 460.02(22g)(a) (a) Use of a continuous emission monitoring system in lieu of a parameter monitoring approach.

NR 460.02(22g)(b) (b) Decreased frequency for non-continuous parameter monitoring or physical inspections.

NR 460.02(22g)(c) (c) Changes to quality control requirements for parameter monitoring.

NR 460.02(22g)(d) (d) Use of an electronic data reduction system in lieu of manual data reduction.

NR 460.02(22r) (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:

NR 460.02(22r)(a) (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.

NR 460.02(22r)(b) (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.

NR 460.02(22r)(c) (c) Combining a federally required method with another proven method for application to processes emitting multiple pollutants.

NR 460.02(23) (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.

NR 460.02(23e) (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:

NR 460.02(23e)(a) (a) Use of a new monitoring approach developed to apply to a control technology not contemplated in the applicable regulation.

NR 460.02(23e)(b) (b) Use of a predictive emission monitoring system in place of a required continuous emission monitoring system.

NR 460.02(23e)(c) (c) Use of alternative calibration procedures that do not involve calibration gases or test cells.

NR 460.02(23e)(d) (d) Use of an analytical technology that differs from that specified by a performance specification.

NR 460.02(23e)(e) (e) Decreased monitoring frequency for a continuous emission monitoring system, continuous opacity monitoring system, predictive emission monitoring system or continuous parameter monitoring system.

NR 460.02(23e)(f) (f) Decreased monitoring frequency for a leak detection and repair program.

NR 460.02(23e)(g) (g) Use of alternative averaging times for reporting purposes.

NR 460.02(23m) (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:

NR 460.02(23m)(a) (a) Use of an unproven analytical finish.

NR 460.02(23m)(b) (b) Use of a method developed to fill a test method gap.

NR 460.02(23m)(c) (c) Use of a new test method developed to apply to a control technology not contemplated in the applicable regulation.

NR 460.02(23m)(d) (d) Combining 2 or more sampling or analytical methods, at least one being unproven, into one for application to processes emitting multiple pollutants.

NR 460.02(23s) (23s) “Major changes to recordkeeping and reporting” means:

NR 460.02(23s)(a) (a) A modification to federally required recordkeeping or reporting that meets one of the following criteria:

NR 460.02(23s)(a)1. 1. May decrease the stringency of the required compliance and enforcement measures for the relevant standards.

NR 460.02(23s)(a)2. 2. May have national significance.

NR 460.02(23s)(a)3. 3. Is not site-specific.

NR 460.02(23s)(b) (b) Examples of major changes to recordkeeping and reporting include, but are not limited to:

NR 460.02(23s)(b)1. 1. Decreases in the record retention for all records.

NR 460.02(23s)(b)2. 2. Waiver of all or most recordkeeping or reporting requirements.

NR 460.02(23s)(b)3. 3. Major changes to the contents of reports.

NR 460.02(23s)(b)4. 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.

NR 460.02(24) (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.

NR 460.02(24c) (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.

NR 460.02(24e) (24e) “Minor alternative monitoring” means:

NR 460.02(24e)(a) (a) Federally required monitoring with modifications that meet all of the following criteria:

NR 460.02(24e)(a)1. 1. Do not decrease the stringency of the compliance and enforcement measures for the relevant standard.

NR 460.02(24e)(a)2. 2. Have no national significance.

NR 460.02(24e)(a)3. 3. Are site-specific, made to reflect or accommodate the operational characteristics, physical constraints or safety concerns of an affected source.

NR 460.02(24e)(b) (b) Examples of minor modifications to monitoring include, but are not limited to:

NR 460.02(24e)(b)1. 1. Modifications to a sampling procedure, such as use of an improved sample conditioning system to reduce maintenance requirements.

NR 460.02(24e)(b)2. 2. Increased monitoring frequency.