NR 445.02(9)(a)(a) The most stringent emission limitation for the hazardous air contaminant which is contained in the air pollution regulatory program of any state for this class or category of source, unless an applicant for a permit demonstrates that this limitation is not achievable.

NR 445.02(11)(11) “Multipathway impact” means the impact determined through the use of a department approved air dispersion modeling and health effects risk screening analysis that incorporates multiple routes of exposures from the release of a hazardous air contaminant to the environment, including, inhalation and ingestion e.g., via soil, drinking water, or food.

NR 445.02(13)(13) “Rebuilt” means to have removed components from a CI engine and to have substituted these components with similar components to such an extent that the fixed capital cost of the substituted components over any 12 consecutive month period exceeds 50% of the fixed capital cost that would be required to purchase a comparable entirely new CI engine.

NR 445.02(14)(14) “Reference concentration” means a verified reference concentration developed by the United States environmental protection agency which is an estimate of an exposure of the human population, including sensitive subgroups, to a hazardous air contaminant that is likely to be without an appreciable risk of deleterious effects during a lifetime. A reference concentration is based on continuous inhalation exposures to the hazardous air contaminant and is expressed in units of micrograms per cubic meter (µg/m3).

NR 445.02(15)(15) “Refuse derived fuel” means municipal solid waste which has undergone a process to, at a minimum, remove hazardous waste, minimize metals, glass and other non-combustible material; and has been processed for use as a fuel. Refuse derived fuel does not include tires, tire fragments, waste oils, waste solvents, and other material not normally contained in household solid waste.

NR 445.02(16)(16) “Treats” or “treatment” means any method, technique or process, including thermal destruction, that changes the physical, chemical or biological character or composition of a hazardous air contaminant so as to render the contaminant less hazardous, safer for transport or management, amenable to recovery, convertible to another useable material or reduced in volume.

NR 445.02(17)(17) “Unit risk factor” means the upper-bound excess lifetime cancer risk estimated to result from continuous exposure to a hazardous air contaminant concentration of 1 microgram per cubic meter in the air. A unit risk factor is expressed in units of cubic meters per microgram (m3/mg).

NR 445.02 NoteNote: The interpretation of unit risk would be as follows: a unit risk factor = 1.5 x 10-6 m3/mg applied to a concentration of a hazardous air contaminant of 1 mg/m3 would result in an expectation of 1.5 excess tumors to develop per 1,000,000 people exposed daily for a lifetime.

NR 445.02(18)(18) “Virgin fossil fuel” means any solid, refined liquid or refined gaseous fossil fuel with a Btu content greater than 7,000 Btu/lb which is not blended with reprocessed or recycled fuels. Group 1 virgin fossil fuels consist of natural gas, liquid petroleum gas, distillate fuel oil, gasoline and diesel fuel. Group 2 virgin fossil fuels consist of coal and residual fuel oil.

NR 445.02 HistoryHistory: Renum. from NR 154.01 (19), (28e) and (116e), cr. (intro.), Register, September, 1986, No. 369, eff. 10-1-86; renum. (1) to (3) to be (2), (3) and (9), cr. (1), (4) to (8), (10) and (11), Register, September, 1988, No. 393, eff. 10-1-88; (9m) renum. from NR 400.02 (77), Register, December, 1988, No. 396, eff. 1-1-89; am. (9m), Register, May, 1992, No. 437, eff. 6-1-92; r. and recr. (2), Register, October, 1992, No. 442, eff. 11-1-92; cr. (9g), Register, December, 1994, No. 468, eff. 1-1-95; am. (intro.), (2), (6) and (9m), Register, December, 1995, No. 480, eff. 1-1-96; am. (1), Register, January, 1997, No. 493, eff. 2-1-97; am. (intro.) and (1), Register, November, 1999, No. 527, eff. 12-1-99; CR 02-097: renum. (1), (2), (4) to (8), (9g), (10) and (11) to be NR 400.02 (27m), 447.02 (4) and 445.02 (1m), (4), (7) to (9), (14), (15) and (18), am. (1m), (7) and (9) (intro.) as renumbered, cr. (1) to (3), (5), (6), (10) to (13), (16) and (17) Register June 2004 No. 582, eff. 7-1-04; CR 07-076: am. (5) (a) (intro.) Register July 2008 No. 631, eff. 8-1-08; correction in (7) made under s. 13.92 (4) (b) 7., Stats., Register July 2008 No. 631.

NR 445.03NR 445.03 General limitations. No person may cause, allow or permit emissions into the ambient air of any hazardous substance in a quantity or concentration or for a duration that is injurious to human health, plant or animal life unless the purpose of that emission is for the control of plant or animal life. Hazardous substances include but are not limited to the hazardous air contaminants listed in Tables A to C of s. NR 445.07.

NR 445.03 HistoryHistory: Renum. from NR 154.19 (1), Register, September, 1986, No. 369, eff. 10-1-86; am. Register, September, 1988, No. 393, eff. 10-1-88; am., Register, November, 1999, No. 527, eff. 12-1-99; CR 02-097: am. Register June 2004 No. 582, eff. 7-1-04.

NR 445.06(1)(1) An owner or operator of a facility shall be deemed to be in compliance with this subchapter and the requirements in chs. NR 406, 407 and 438 listed in this subsection for any hazardous air contaminant listed in Table A, B or C of s. NR 445.07 if the owner or operator identifies the contaminant through due diligence and determines that the emissions of the identified contaminant are below the applicable regulatory threshold in this chapter or otherwise exempt from regulation, or the facility is meeting the applicable provisions in this subchapter. The requirements from chs. NR 406, 407 and 438 are the following:

NR 445.06(2)(2) The owner or operator will not be deemed to be out of compliance with this subchapter or with the provisions identified in sub. (1) (a) to (e) for any hazardous air contaminant listed in Table A, B or C of s. NR 445.07 for the period of time prior to either of the determinations in par. (a) or (b) being made if the determination is submitted in writing to the department within 21 calendar days, and no later than 90 calendar days after the determination, the owner or operator certifies that the facility is in compliance with all applicable requirements for the hazardous air contaminant. The department may, in writing, extend the 90 calendar days for achieving compliance. The determinations are as follows:

NR 445.06(2)(a)(a) That a hazardous air contaminant that was not previously identified through due diligence is later determined to be emitted from the facility in an amount greater than the applicable emission threshold in any of the following: