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285.30   Motor vehicle emissions limitations; inspections.
285.31   Gasoline vapor recovery.
285.33   Employee trip reduction program.
285.35   Clean fuel fleet program.
285.37   Reformulated gasoline.
285.39   Volatile organic compounds growth accommodation and replenishment.
285.41   Sulfur dioxide emission rates after 1992; major utilities.
285.43   Sulfur dioxide emission rates; state-owned facilities.
285.45   Sulfur dioxide emission goals after 1992; major utilities and other large air contaminant sources.
285.47   Nitrogen oxide emission goal; major utilities.
285.48   Nitrogen oxide emissions reductions.
285.49   Trading program for nitrogen oxide emissions credits.
285.51   Solid waste incinerator operator certification.
285.53   Testing emissions from medical waste incinerators.
285.54   Medical waste incinerator fees.
285.57   Emission of ozone-depleting substances.
285.59   Recovery of ozone-depleting refrigerants.
285.60   Air pollution control permits.
285.61   Construction permit application and review.
285.62   Operation permit; application, review and effect.
285.63   Criteria for permit approval.
285.64   Criteria for operation permits for stationary sources.
285.65   Permit conditions.
285.66   Permit duration and renewal.
285.67   Permit revision, suspension and revocation.
285.675   Pilot program for manufacturing facilities on brownfields.
285.68   Failure to adopt rule or issue permit or exemption.
285.69   Fees.
285.70   Confidentiality of records.
285.71   Federal aid.
285.72   Air quality monitoring stations.
285.73   Local air pollution control programs.
285.75   County program.
285.76   Notice concerning proposed area redesignations.
285.77   Machinery use.
285.78   Registration of early emission reductions.
285.79   Small business stationary source technical and environmental compliance assistance program.
285.795   Small business environmental council.
285.81   Hearings on certain air pollution actions.
285.83   Violations: enforcement.
285.85   Emergency procedure.
285.86   Asbestos citations.
285.87   Penalties for violations relating to air pollution.
subch. I of ch. 285 SUBCHAPTER I
285.01 285.01 Definitions. In this chapter, unless the context requires otherwise:
285.01(1) (1)“Air contaminant" means dust, fumes, mist, liquid, smoke, other particulate matter, vapor, gas, odorous substances or any combination thereof but shall not include uncombined water vapor.
285.01(2) (2)“Air contaminant source", or “source" if not otherwise modified, means any facility, building, structure, installation, equipment, vehicle or action that emits or may emit an air contaminant directly, indirectly or in combination with another facility, building, structure, installation, equipment, vehicle or action.
285.01(3) (3)“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.
285.01(4) (4)“Air pollution control permit" means any permit required or allowed under s. 285.60.
285.01(5) (5)“Allocation of the available air resource" means either:
285.01(5)(a) (a) The apportionment among air contaminant sources of the difference between an ambient air quality standard and the concentration in the atmosphere of the corresponding air contaminant in existence at the time the rule promulgated under s. 285.25 becomes effective; or
285.01(5)(b) (b) The apportionment among air contaminant sources of the difference between an ambient air increment and the baseline concentration if a baseline concentration is established.
285.01(7) (7)“Allowable emission" means the emission rate calculated using the maximum rated capacity of the origin of, or the equipment emitting an air contaminant based on the most stringent applicable emission limitation and accounting for any enforceable permit conditions which limit operating rate, or hours of operation, or both.
285.01(8) (8)“Ambient air increment" means the maximum allowable concentration of an air contaminant above the base line concentration.
285.01(9) (9)“Ambient air quality standard" means a level of air quality which will protect public health with an adequate margin of safety or may be necessary to protect public welfare from anticipated adverse effects.
285.01(9m) (9m)“Architectural coating" means a coating applied to a stationary structure, including a parking lot, and its appurtenances or to a mobile home.
285.01(10) (10)“Attainment area" means an area which is not a nonattainment area.
285.01(11) (11)“Base line concentration" means concentration in the atmosphere of an air contaminant which exists in an area at the time of the first application to the U.S. environmental protection agency for a prevention of significant deterioration permit under 42 USC 7475 or the first application for an air pollution control permit under s. 285.60 for a major source located in an attainment area, whichever occurs first, less any contribution from stationary sources identified in 42 USC 7479 (4).
285.01(12) (12)“Best available control technology" means an emission limitation for an air contaminant based on the maximum degree of reduction achievable as specified by the department on an individual case-by-case basis taking into account energy, economic and environmental impacts and other costs related to the source.
285.01(13) (13)“Department" means the department of natural resources.
285.01(15) (15)“Emission" means a release of air contaminants into the atmosphere.
285.01(16) (16)“Emission limitation" or “emission standard" means a requirement which limits the quantity, rate or concentration of emissions of air contaminants on a continuous basis. An emission limitation or emission standard includes a requirement relating to the operation or maintenance of a source to assure continuous emission reduction.
285.01(17) (17)“Emission reduction option" means:
285.01(17)(a) (a) An offsetting of greater emissions from a stationary source against lower emissions from the same or another stationary source.
285.01(17)(b) (b) A reduction in emissions from a stationary source which is reserved as a credit against future emissions from the same or another stationary source.
285.01(17)(c) (c) Other arrangements for emission reduction, trade-off, credit or offset permitted by rule by the department.
285.01(17m) (17m)“Entire facility" means all stationary sources that are under the control of one person or under the control of persons who are under common control and that are located on contiguous properties.
285.01(18) (18)“Existing source" means a stationary source that is not a new source or a modified source.
285.01(19) (19)“Federal clean air act" means the federal clean air act, 42 USC 7401 to 7671q, and regulations issued by the federal environmental protection agency under that act.
285.01(20) (20)“Growth accommodation" means the amount of volatile organic compounds specified in s. 285.39 (1) (a).
285.01(21) (21)“Hazardous substance" means any substance or combination of substances including any waste of a solid, semisolid, liquid or gaseous form which may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or which may pose a substantial present or potential hazard to human health or the environment because of its quantity, concentration or physical, chemical or infectious characteristics. This term includes, but is not limited to, substances which are toxic, corrosive, flammable, irritants, strong sensitizers or explosives as determined by the department.
285.01(23) (23)“Lowest achievable emission rate" means the rate of emission which reflects the more stringent of the following:
285.01(23)(a) (a) The most stringent emission limitation 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 these limitations are not achievable; or
285.01(23)(b) (b) The most stringent emission limitation which is achieved in practice by the class or category of source.
285.01(24) (24)“Major source" means a stationary source that is capable of emitting an air contaminant in an amount in excess of an amount specified by the department by rule under s. 285.11 (16).
This is an archival version of the Wis. Stats. database for 2019. See Are the Statutes on this Website Official?