Chapter NR 460

NR 460.02(31g)(a) (a) “Source reduction” is any practice that does both of the following:

NR 460.02(31g)(a)1. 1. Reduces the amount of any hazardous substance, pollutant or contaminant entering any waste stream or otherwise released into the environment, including fugitive emissions, prior to recycling, treatment or disposal.

NR 460.02(31g)(a)2. 2. Reduces the hazards to public health and the environment associated with the release of the substances, pollutants or contaminants.

NR 460.02(31g)(b) (b) The term “source reduction” includes equipment or technology modifications, process or procedure modifications, reformulation or redesign of products, substitution of raw materials, and improvements in housekeeping, maintenance, training or inventory control.

NR 460.02(31g)(c) (c) The term “source reduction” does not include any practice that alters the physical, chemical or biological characteristics or the volume of a hazardous substance, pollutant or contaminant through a process or activity which itself is not integral to and necessary for the production of a product or the providing of a service.

NR 460.02(32) (32) “Reconstruction”, unless otherwise defined in a relevant standard, means the replacement of components of an affected or a previously nonaffected source to such an extent that all of the following apply:

NR 460.02(32)(a) (a) The fixed capital cost of the new components exceeds 50% of the fixed capital cost that would be required to construct a comparable new MACT source.

NR 460.02(32)(b) (b) It is technologically and economically feasible for the reconstructed source to meet the relevant standards established by the administrator or by the department pursuant to section 112 of the act (42 USC 7412). Upon reconstruction, an affected source, or a stationary source that becomes an affected source, is subject to relevant standards for new MACT sources, including compliance dates, irrespective of any change in emissions of hazardous air pollutants from that source.

NR 460.02 Note Note: The question of whether a relocated source is reconstructed is addressed in s. NR 460.05 (3m).

NR 460.02(33) (33) “Regulation promulgation schedule” means the schedule for the promulgation of emission standards under 40 CFR part 63, established by the administrator pursuant to section 112 (e) of the act (42 USC 7412 (e)) and published in the federal register.

NR 460.02(34) (34) 

NR 460.02(34)(a) (a) “Relevant standard” means any of the following established pursuant to section 112 of the Act (42 USC 7412) that applies to the collection of equipment, activities, or both regulated by the standard or limitation:

NR 460.02(34)(a)1. 1. An emission standard.

NR 460.02(34)(a)2. 2. An alternative emission standard.

NR 460.02(34)(a)3. 3. An alternative emission limitation.

NR 460.02(34)(a)4. 4. An equivalent emission limitation.

NR 460.02(34)(b) (b) A relevant standard may include or consist of a design, equipment, work practice or operational requirement, or other measure, process, method, system or technique, including prohibition of emissions, that the administrator or the department establishes for new or existing sources to which the standard or limitation applies. Every relevant standard established pursuant to section 112 of the Act (42 USC 7412) includes Subpart A of 40 CFR part 63, as provided by 40 CFR 63.1 (a) (4), and all applicable appendices of 40 CFR part 63 or other parts of title 40 of the Code of Federal Regulations that are referenced in that standard.

NR 460.02(35) (35) “Run” means one of a series of emission or other measurements needed to determine emissions for a representative operating period or cycle as specified in chs. NR 460 to 469.

NR 460.02(36) (36) “Shutdown” means the cessation of operation of an affected source or portion of an affected source for any purpose.

NR 460.02(37) (37) “Six-minute period” means, with respect to opacity determinations, any one of the 10 equal parts of a 1-hour period.

NR 460.02(37g) (37g) “Source at a performance track member facility” means a major or area source located at a facility which has been accepted by EPA for membership in its Performance Track Program and is still a member of the Program.

NR 460.02 Note Note: The Performance Track Program is a voluntary program that encourages continuous environmental improvement through the use of environmental management systems, local community outreach, and measurable results. It is described on EPA’s Web site at www.epa.gov/performancetrack.

NR 460.02(37r) (37r) “Startup” means the setting in operation of an affected source or portion of an affected source for any purpose.

NR 460.02(38) (38) “Test method” or “method” means the validated procedure for sampling, preparing and analyzing for an air pollutant specified in a relevant standard as the performance test procedure. The test method may include methods described in an appendix of title 40 of the code of federal regulations which has been incorporated by reference in s. NR 484.04 for chs. NR 460 to 469, or methods validated for an application through procedures in Method 301 of Appendix A of 40 CFR part 63 which is incorporated by reference in s. NR 484.04 (25).

NR 460.02(38g) (38g) “Title V permit” means any permit issued, renewed or revised under ch. NR 407 for a part 70 source as defined in s. NR 407.02 (6).

NR 460.02(39) (39) “Visible emission” means the observation of an emission of opacity or optical density above the threshold of vision.

NR 460.02(40) (40) “Working day” has the meaning given for “business day” in s. NR 400.02 (36m).

NR 460.02(41) (41) “You” or “your” means the owner or operator of a facility that is subject to requirements under the chapter where the term is used.

NR 460.02 History History: Cr. Register, March, 1997, No. 495, eff. 4-1-97; CR 00-175: am. (intro.), (5) and (22), cr. (5m), (14m), (22g), (22r), (23e), (23m), (23s), (24e), (24m) and (24s) Register March 2002 No. 555, eff. 4-1-02; corrections in (4) and (38) made under s. 13.93 (2m) (b) 7., Stats., Register March 2002 No. 555; CR 03-037: am. (intro.) Register March 2004 No. 579, eff. 4-1-04; CR 05-039: am. (1), (6), (10), (15) (b), (18), (25), (32) (intro.), (34) (a) (intro.), (b), and (36), cr. (1) (b), (24c), (24w), (24y), (31g), (37g), (37r) and (40), r. (8) Register February 2006 No. 602, eff. 3-1-06; CR 05-116: am. (intro.), (1) (a) and (5), cr. (41) Register November 2006 No. 611, eff. 12-1-06; CR 04-023: am. (intro.) Register December 2008 No. 636, eff. 1-1-09; CR 07-105: cr. (20m) Register December 2008 No. 636, eff. 1-1-09.

NR 460.03 NR 460.03 Units and abbreviations. The definitions contained in s. NR 400.03 apply to the abbreviations and symbols of units of measure used in chs. NR 460 to 469. In addition, the following definitions apply to the units and abbreviations used in chs. NR 460 to 469:

NR 460.03(1) (1) System International units of measure:

NR 460.03(1)(a) (a) MJ - megajoule = 106 joule

NR 460.03(2) (2) Other units of measure:

NR 460.03(2)(a) (a) cal - calorie

NR 460.03(2)(b) (b) g-eq - gram equivalent

NR 460.03(2)(c) (c) g-mole - gram mole

NR 460.03(2)(d) (d) K = 1,000

NR 460.03(2)(e) (e) kcal - kilocalorie

NR 460.03(2)(f) (f) meq - milliequivalent

NR 460.03(2)(g) (g) ppb - parts per billion

NR 460.03(2)(h) (h) ppbv - parts per billion by volume

NR 460.03(2)(i) (i) ppbw - parts per billion by weight

NR 460.03(2)(j) (j) ppmw - parts per million by weight

NR 460.03(2)(k) (k) scf - cubic feet at standard conditions

NR 460.03(2)(L) (L) scfh - cubic feet at standard conditions per hour

NR 460.03(2)(m) (m) scm - cubic meter at standard conditions

NR 460.03(2)(n) (n) scmm - cubic meter at standard conditions per minute

NR 460.03(2)(o) (o) sec - second

NR 460.03(2)(p) (p) std - at standard conditions

NR 460.03(3) (3) Miscellaneous:

NR 460.03(3)(a) (a) avg - average

NR 460.03(3)(b) (b) CEMS - continuous emission monitoring system

NR 460.03(3)(c) (c) CMS - continuous monitoring systems

NR 460.03(3)(d) (d) COMS - continuous opacity monitoring system

NR 460.03(3)(e) (e) CPMS - continuous parameter monitoring system

NR 460.03(3)(f) (f) M - molar

NR 460.03(3)(g) (g) “PS” - performance specification

NR 460.03(3)(h) (h) “SSM” - startup, shutdown or malfunction

NR 460.03(3)(i) (i) “SSMP” - startup, shutdown and malfunction plan

NR 460.03 History History: Cr. Register, March, 1997, No. 495, eff. 4-1-97; CR 05-039: renum. (2) (n), (o) and (3) (e) to be (2) (o), (p) and (3) (f), cr. (2) (n) and (3) (e) Register February 2006 No. 602, eff. 3-1-06; CR 05-116: cr. (3) (g), (h) and (i) Register November 2006 No. 611, eff. 12-1-06.

NR 460.04 NR 460.04 Prohibited activities and circumvention.

NR 460.04(1) (1) Prohibited activities.

NR 460.04(1)(a) (a) No owner or operator subject to the provisions of chs. NR 460 to 469 may operate any affected source in violation of the requirements of chs. NR 460 to 469. Affected sources subject to and in compliance with either an extension of compliance or an exemption from compliance are not in violation of the requirements of chs. NR 460 to 469. An extension of compliance may be granted by the administrator under 40 CFR part 63, by the department or by the president under section 112 (i) (4) of the Act (42 USC 7412 (i) (4)).

NR 460.04(1)(b) (b) No owner or operator subject to the provisions of chs. NR 460 to 469 may fail to keep records, notify, report or revise reports as required under chs. NR 460 to 469.

NR 460.04(1)(b)1. 1. A part 70 permit has been issued to that source.

NR 460.04(1)(b)2. 2. If a part 70 permit has been issued to that source, whether the permit has been revised or modified to incorporate the emission standard.

NR 460.04(2) (2) Circumvention. No owner or operator subject to the provisions of chs. NR 460 to 469 may build, erect, install or use any article, machine, equipment or process to conceal an emission that would otherwise constitute noncompliance with a relevant standard. Concealment includes, but is not limited to, all of the following:

NR 460.04(2)(a) (a) The use of diluents to achieve compliance with a relevant standard based on the concentration of a pollutant in the effluent discharged to the atmosphere.

NR 460.04(2)(b) (b) The use of gaseous diluents to achieve compliance with a relevant standard for visible emissions.

NR 460.04(2)(c) (c) Fragmentation after November 15, 1990 which divides ownership of an operation within the same facility among various owners where there is no real change in control. The owner and operator may not use fragmentation or phasing of reconstruction activities to avoid becoming subject to new source requirements.

NR 460.04 History History: Cr. Register, March, 1997, No. 495, eff. 4-1-97; CR 05-039: renum. (1) (a) (intro.) to be (1) (a) and am., r. (1) (a) 1. to 3., (c) and (d), am. (2) (c) Register February 2006 No. 602, eff. 3-1-06.

NR 460.05 NR 460.05 Compliance with standards and maintenance requirements.

NR 460.05(1) (1) Applicability.

NR 460.05(1)(a) (a) The requirements in this section apply to the owner or operator of affected sources for which any relevant standard has been established pursuant to section 112 of the Act (42 USC 7412) and the applicability of the requirements is set out in accordance with 40 CFR 63.1 (a) (4) unless one of the following applies:

NR 460.05(1)(a)1. 1. The administrator or the department has granted an extension of compliance consistent with sub. (7).

NR 460.05(1)(a)2. 2. The president of the United States has granted an exemption from compliance with any relevant standard in accordance with section 112 (i) (4) of the Act (42 USC 7412 (i) (4)).

NR 460.05(1)(b) (b) If an area source, that otherwise would be subject to an emission standard or other requirement established under 40 CFR part 63 or under chs. NR 460 to 469 if it were a major source, subsequently increases its emissions of hazardous air pollutants, or its potential to emit hazardous air pollutants, such that the source is a major source, the source shall be subject to the relevant emission standard or other requirement.

NR 460.05(2) (2) Compliance dates for new and reconstructed sources.

NR 460.05(2)(a) (a) Except as specified in pars. (c) and (d), the owner or operator of a new or reconstructed affected source for which construction or reconstruction commences after proposal of a relevant standard that has an initial startup before the effective date of a relevant standard established under 40 CFR part 63 pursuant to section 112 (d), (f) or (h) of the Act (42 USC 7412 (d), (f) or (h)) shall comply with the standard not later than the standard’s effective date.

NR 460.05(2)(b) (b) Except as specified in pars. (c) and (d), the owner or operator of a new or reconstructed source that has an initial startup after the effective date of a relevant standard established under 40 CFR part 63 pursuant to section 112 (d), (f) or (h) of the act (42 USC 7412 (d), (f) or (h)) shall comply with the standard upon startup of the source.

NR 460.05(2)(c) (c) The owner or operator of an affected source for which construction or reconstruction is commenced after the proposal date of a relevant standard established under 40 CFR part 63 pursuant to section 112 (d), (f) or (h) of the act (42 USC 7412 (d), (f) or (h)) but before federal promulgation of the standard shall comply with the relevant emission standard not later than the date 3 years after the federal promulgation date if:

NR 460.05(2)(c)1. 1. The promulgated standard, that is, the relevant standard, is more stringent than the proposed standard; for purposes of this subdivision, a finding that controls or compliance methods are “more stringent” shall include control technologies or performance criteria and compliance or compliance assurance methods that are different but are substantially equivalent to those required by the promulgated rule, as determined by the administrator or his or her authorized representative.

NR 460.05(2)(c)2. 2. The owner or operator complies with the standard as proposed during the 3-year period immediately after the effective date.

NR 460.05(2)(d) (d) The owner or operator of an affected source for which construction or reconstruction is commenced after the proposal date of a relevant standard established pursuant to section 112 (d) of the Act (42 USC 7412 (d)) but before the proposal date of a relevant standard established pursuant to section 112 (f) (42 USC 7412 (f)) may not be required to comply with the section 112 (f) emission standard until the date 10 years after the date construction or reconstruction is commenced, except that, if the section 112 (f) standard is promulgated more than 10 years after construction or reconstruction is commenced, the owner or operator shall comply with the standard as provided in pars. (a) and (b).

NR 460.05(2)(e) (e) The owner or operator of a new MACT source that is subject to the compliance requirements of par. (c) or (d) shall notify the department in accordance with s. NR 460.08 (4).

NR 460.05(2)(f) (f) When an area source becomes a major source by the addition of equipment or operations that meet the definition of new affected source in the relevant standard, the portion of the existing facility that is a new affected source shall comply with all requirements of that standard applicable to new MACT sources. The source owner or operator shall comply with the relevant standard upon startup.

NR 460.05(3) (3) Compliance dates for existing sources.

NR 460.05(3)(a) (a) After the effective date of a relevant standard established under 40 CFR part 63 pursuant to section 112 (d) or (h) of the act (42 USC 7412 (d) or (h)), the owner or operator of an existing source shall comply with the standard by the compliance date established in the applicable subparts of 40 CFR part 63.

NR 460.05 Note Note: Except as otherwise provided for in section 112 of the act (42 USC 7412), the compliance date established for an existing source in an applicable subpart of 40 CFR part 63 will not exceed 3 years after the effective date of the standard.