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(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 NoteNote: 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 HistoryHistory: 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 460.02NR 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)(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 NoteNote: 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 NoteNote: 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(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)(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 NoteNote: 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.