Wis. Admin. Code NR 400.02
Definitions
Cite as Wis. Admin. Code NR § 400.02
Definitions.
Definitions. Except when another definition is specifically made applicable, in chs. NR 401 to 499 :
(1) “Acid rain allowance” or “allowance” means an authorization by the administrator under the acid rain program to emit up to one ton of sulfur dioxide during or after a specified calendar year.
(2) “Acid rain phase I affected unit” means any unit listed in Table A of 42 USC 7651c . These are:
(a) Wisconsin Power and Light — Edgewater generating station unit 4.
(b) Dairyland Power Cooperative — Genoa generating station unit 3.
(c) Wisconsin Power and Light — Nelson Dewey generating station units 1 and 2.
(d) Wisconsin Electric Power Company — North Oak Creek generating station units 1, 2, 3 and 4 and South Oak Creek generating station units 5, 6, 7 and 8.
(e) Wisconsin Public Service Corporation — Pulliam generating station unit 8.
(3) “Acid rain program” means the national sulfur dioxide and nitrogen oxides air pollution control and emissions reduction program established in accordance with title IV of the Act ( 42 USC 7651 to 7651o ) and 40 CFR parts 72 to 78 .
(4) “Acid rain provision” means any provision of an operation permit implementing an applicable requirement of the acid rain program.
(5) “Act” means the federal Clean Air Act, as defined in s. 285.01 (19) , Stats.
(6) “Actual emissions” means the total emissions generated by a facility over a specified period of time taking into account any reductions made by a control device or technique.
(7) “Actual operation” means, for purposes of nonmetallic mineral quarrying or mining, the number of calendar days on which there is operation of any blasting, drilling or other movement or transfer of naturally occurring rock at a quarry or mine.
(8) “Actual production” means, for purposes of nonmetallic mineral quarrying or mining, sales amount in tons of nonmetallic mineral as measured at the quarry or mine.
(9) “Administrator” means the administrator of the EPA or designee.
(10) “Affected source” means a stationary source that includes one or more affected units that are subject to an emissions reduction requirement or emissions limitation under the acid rain program.
(11) “Affected unit” means an emissions unit that is subject to any emissions reduction requirement or emissions limitation under the acid rain program.
(12) “Air contaminant” has the meaning given in s. 285.01 (1) , Stats.
(13) “Air contaminant source” has the meaning given in s. 285.01 (2) , Stats.
(14) “Air curtain destructor” has the meaning given in s. 289.51 , Stats.
(15) “Air pollutant” means an air contaminant as defined in s. 285.01 (1) , Stats.
(16) “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.
(17) “Air pollution control permit” has the meaning given in s. 285.01 (4) , Stats.
(18) “Air quality control region” or “AQCR” means an area designated under 42 USC 7407 or s. NR 404.03 in which a plan to maintain or achieve air standards is implemented on a regional basis. Air quality control regions include both interstate and intrastate regions.
(19) “Air region” means an area such as an AQCR designated pursuant to federal or Wisconsin laws in which a program to maintain or achieve air standards is implemented on a regional basis.
(19m) “Air standard” or “ambient air quality standard” means the specified levels of air quality which are necessary to protect public health and welfare. Ambient air quality standards include primary and secondary air standards.
(20) “Allocation of the available air resource” has the meaning designated in s. 285.01 (5) , Stats.
(21) “Allowable emission” has the meaning given in s. 285.01 (7) , Stats.
(22) “Alternate designated representative” means a responsible natural person, authorized by the owners and operators of an affected source and of all affected units at the source to act in lieu of the designated representative, as evidenced by a certificate of representation submitted in accordance with 40 CFR 72.22 , who may act on behalf of the designated representative to represent and legally bind each owner and operator, as a matter of federal law, in matters pertaining to the acid rain program.
(23) “Alternative method” means any method of sampling and analyzing for an air pollutant which is not a reference or equivalent method but which has been demonstrated to the department’s satisfaction to produce, in specific cases, results adequate for the department’s determination of compliance.
(24) “Ambient air” means the portion of the atmosphere external to buildings and to which the general public has access.
(25) “Ambient air increment” or “air increment” means the maximum allowable increase in concentration of an air contaminant above the base line concentration of the air contaminant.
(26) “Applicable requirement” means all of the following as they apply to emissions units at a source, including requirements that have been promulgated or approved by EPA or the department through rulemaking at the time of permit issuance but for which compliance is required after the date of permit issuance:
(a) Any standard or other requirement provided for in the applicable implementation plan approved or promulgated by EPA through rulemaking in 40 CFR part 52 .
(b) Any term or condition of any construction permit issued pursuant to ch. NR 405 , 406 or 408 or to regulations approved or promulgated by EPA through rulemaking under title I of the Act ( 42 USC 7401 to 7515 ).
(c) Any standard or other requirement under section 111 of the Act ( 42 USC 7411 ).
(d) Any standard or other requirement under section 112 of the Act ( 42 USC 7412 ).
(e) Any standard or other requirement of the acid rain program.
(f) Any requirements established pursuant to section 504 (b) or section 114 (a) (3) of the Act ( 42 USC 7661c (b) or 7414 (a) (3)).
(g) Any standard or other requirement governing solid waste incineration, under section 129 of the Act ( 42 USC 7429 ).
(h) Any standard or other requirement for consumer and commercial products, under section 183 (e) of the Act ( 42 USC 7511b (e)).
(i) Any standard or other requirement for tank vessels, under section 183 (f) of the Act ( 42 USC 7511b (f)).
(j) Any standard or other requirement of the regulations promulgated to protect stratospheric ozone under title VI of the Act ( 42 USC 7671 to 7671q ), unless the administrator has determined that the requirements need not be contained in an operation permit.
(k) Any national ambient air quality standard or increment or visibility requirement under part C of title I of the Act ( 42 USC 7470 to 7492 ).
(L) Any emission limit or other requirement in ch. 285 , Stats., or chs. NR 400 to 499 .
(m) Any source-specific emission limitation established pursuant to ch. 285 , Stats., or rules promulgated thereunder.
(26m) “Application equipment” means a device used to apply adhesive, coating, ink or polyester resin materials.
(27) “Approved” means approved by the department of natural resources.
(27m) “Approved material safety data sheet” means a material safety data sheet which meets the reporting requirements of the Superfund Amendments Reauthorization Act of 1986 ( 42 USC 9671 to 9675 ) or regulations of the occupational safety and health administration under 29 CFR 1910.1200 (g) , as in effect on February 1, 1998.
(28) “Baseline concentration” has the meaning given in s. 285.01 (11) , Stats.
(29) “Basic emissions unit” means the smallest collection of equipment which in combination emits or is capable of emitting any air contaminant.
(30) “Belt conveyor” means a conveying device that transports material from one location to another by means of an endless belt that is carried on a series of idlers and routed around a pulley at each end.
(31) “Best available control technology” has the meaning given in s. 285.01 (12) , Stats.
(32) “Biweekly” means any 14-day period of time.
(33) “Boiler” means any device with an enclosed combustion chamber in which fuel is burned to heat a liquid for the primary purpose of producing heat or power by indirect heat transfer.
(34) “Breakdown” means a sudden failure of emission control or emission monitoring equipment to function as a result of wear, failure to repair, breakage, unavoidable damage, or other unintentional causes.
(35) “Bucket elevator” means a conveying device for grain, minerals or other materials consisting of a head and foot assembly which supports and drives an endless single or double strand chain or belt to which buckets are attached.
(36) “Bulk gasoline plant” means a gasoline storage and distribution facility which receives gasoline from bulk terminals, stores it in stationary storage tanks, and subsequently distributes it to gasoline dispensing facilities.
(36m) “Business day” means any day except Saturday, Sunday or a state holiday as designated in s. 230.35 (4) (a) , Stats.
(37) “Capacity” means, for purposes of nonmetallic mineral processing, the cumulative rated capacity of all initial crushers that are part of a processing plant.