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(5)(5) “Area source” means any stationary source of hazardous air pollutants that is not a major source as defined in this chapter or chs. NR 462 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)(9) “Compliance schedule” means any of the following: 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. NR 460.02(13)(13) “Continuous opacity monitoring system” or “COMS” means a continuous monitoring system that measures the opacity of emissions. NR 460.02(14)(14) “Continuous parameter monitoring system” 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 process or control system parameters. NR 460.02(14m)(14m) “Control system” means the combination of capture and control devices used to reduce emission of air contaminants. NR 460.02(15)(15) “Effective date” means either of the following: NR 460.02(15)(a)(a) With regard to an emission standard established under 40 CFR part 63, the date of promulgation in the federal register of the standard. NR 460.02(15)(b)(b) With regard to an alternative emission limitation or equivalent emission limitation determined by the administrator or the department, the date that the alternative emission limitation or equivalent emission limitation becomes effective according to the provisions of 40 CFR part 63 or chs. NR 460 to 469. NR 460.02(16)(16) “Emission standard” means a national standard, limitation, prohibition or other regulation promulgated in a subpart of 40 CFR part 63 or in chs. NR 460 to 469 pursuant to section 112 (d), (h) or (f) of the act (42 USC 7412 (d), (h) or (f)). NR 460.02(17)(17) “Emissions averaging” means a way to comply with the emission limitations specified in a relevant standard, whereby an affected source, if allowed under a subpart of 40 CFR part 63, may create emission credits by reducing emissions from specific points to a level below that required by the relevant standard, and those credits are used to offset emissions from points that are not controlled to the level required by the relevant standard. NR 460.02(18)(18) “Equivalent emission limitation” means any maximum achievable control technology emission limitation or requirements which are applicable to a major source of hazardous air pollutants and are adopted by the department on a case-by-case basis, pursuant to section 112 (g) or (j) of the Act (42 USC 7412 (g) or (j)). NR 460.02(19)(19) “Excess emissions and continuous monitoring system performance report” means a report that shall be submitted periodically to the department by an affected source in order to provide data on its compliance with relevant emission limits, operating parameters, and the performance of its continuous parameter monitoring systems. NR 460.02(20)(20) “Existing source” means any affected source that is not a new MACT source. NR 460.02(20m)(20m) “Force majeure” means, for purposes of s. NR 460.06, an event that will be or has been caused by circumstances beyond the control of the affected facility, its contractors or any entity controlled by the affected facility that prevents the owner or operator from complying with the regulatory requirement to conduct performance tests within the specified timeframe despite the affected facility’s best efforts to fulfill the obligation. NR 460.02 NoteNote: Examples of events included under this definition are acts of nature, acts of war or terrorism, equipment failure or safety hazard beyond the control of the affected facility.
NR 460.02(21)(21) “Fugitive emissions” means those emissions from a stationary source that could not reasonably pass through a stack, chimney, vent or other functionally equivalent opening. Under section 112 of the act (42 USC 7412), all fugitive emissions are to be considered in determining whether a stationary source is a major source. NR 460.02(22)(22) “Hazardous air pollutant” or “HAP” means any air pollutant included in the list in section 112 (b) (1) of the act (42 USC 7412 (b) (1)) as revised by 40 CFR part 63 subpart C. NR 460.02(22g)(22g) “Intermediate alternative monitoring” means federally required monitoring with modifications that involve technology generally accepted by the scientific community as equivalent or better, that is applied on a site-specific basis and that may have the potential to decrease the stringency of the associated emission limitation or standard. Though site-specific, intermediate modifications of this sort may set a national precedent for a source category and may ultimately result in a revision to the federally required monitoring. Examples of intermediate modifications to monitoring include, but are not limited to: NR 460.02(22g)(a)(a) Use of a continuous emission monitoring system in lieu of a parameter monitoring approach. NR 460.02(22g)(b)(b) Decreased frequency for non-continuous parameter monitoring or physical inspections. NR 460.02(22g)(c)(c) Changes to quality control requirements for parameter monitoring. NR 460.02(22g)(d)(d) Use of an electronic data reduction system in lieu of manual data reduction. NR 460.02(22r)(22r) “Intermediate alternative test method” means a federally enforceable test method with modifications that involve technology generally accepted by the scientific community as equivalent or better, that is applied on a site-specific basis and that may have the potential to decrease the stringency of the associated emission limitation or standard. Though site-specific, such intermediate modifications may set a national precedent for a source category and may ultimately result in a revision to the federally enforceable test method. In order to be approved, an intermediate modification shall be validated according to EPA Method 301 in Appendix A of 40 CFR part 63, incorporated by reference in s. NR 484.04 (25), to demonstrate that it provides equal or improved accuracy and precision. Examples of intermediate modifications to a test method include, but are not limited to: NR 460.02(22r)(a)(a) Modifications to a test method’s sampling procedure including substitution of sampling equipment that has been demonstrated for a particular sample matrix, and use of a different impinger absorbing solution. NR 460.02(22r)(b)(b) Changes in sample recovery procedures and analytical techniques, such as changes to sample holding times and use of a different analytical finish with proven capability for the analyte of interest. NR 460.02(22r)(c)(c) Combining a federally required method with another proven method for application to processes emitting multiple pollutants. NR 460.02(23)(23) “Lesser quantity” means a quantity of a hazardous air pollutant that is or may be emitted by a stationary source that the administrator establishes in order to define a major source under an applicable subpart of 40 CFR part 63. NR 460.02(23e)(23e) “Major alternative monitoring” means federally required monitoring with modifications that use technology or procedures not generally accepted by the scientific community, or that is an entirely new method. These major modifications to monitoring may be site-specific or may apply to one or more source categories and will almost always set a national precedent. Examples of major modifications to monitoring include, but are not limited to: NR 460.02(23e)(a)(a) Use of a new monitoring approach developed to apply to a control technology not contemplated in the applicable regulation. NR 460.02(23e)(b)(b) Use of a predictive emission monitoring system in place of a required continuous emission monitoring system. NR 460.02(23e)(c)(c) Use of alternative calibration procedures that do not involve calibration gases or test cells. NR 460.02(23e)(d)(d) Use of an analytical technology that differs from that specified by a performance specification. NR 460.02(23e)(e)(e) Decreased monitoring frequency for a continuous emission monitoring system, continuous opacity monitoring system, predictive emission monitoring system or continuous parameter monitoring system. NR 460.02(23e)(f)(f) Decreased monitoring frequency for a leak detection and repair program. NR 460.02(23m)(23m) “Major alternative test method” means a federally enforceable test method with modifications that use technology or procedures not generally accepted by the scientific community or that is an entirely new method. These major modifications to a test method may be site-specific, or may apply to one or more sources or source categories, and will almost always set a national precedent. In order to be approved, a major modification shall be validated according to EPA Method 301 in Appendix A of 40 CFR part 63, incorporated by reference in s. NR 484.04 (25). Examples of major modifications to a test method include, but are not limited to: NR 460.02(23m)(c)(c) Use of a new test method developed to apply to a control technology not contemplated in the applicable regulation. NR 460.02(23m)(d)(d) Combining 2 or more sampling or analytical methods, at least one being unproven, into one for application to processes emitting multiple pollutants. NR 460.02(23s)(23s) “Major changes to recordkeeping and reporting” means: NR 460.02(23s)(a)(a) A modification to federally required recordkeeping or reporting that meets one of the following criteria: NR 460.02(23s)(a)1.1. May decrease the stringency of the required compliance and enforcement measures for the relevant standards. NR 460.02(23s)(b)(b) Examples of major changes to recordkeeping and reporting include, but are not limited to: NR 460.02(23s)(b)4.4. Decreases in the reliability of recordkeeping or reporting, such as manual recording of monitoring data instead of required automated or electronic recording or paper reports where electronic reporting may have been required. NR 460.02(24)(24) “Major source” means any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit considering controls, in the aggregate, 10 tons per year or more of any hazardous air pollutant or 25 tons per year or more of any combination of hazardous air pollutants, unless the administrator establishes a lesser quantity, or in the case of radionuclides, different criteria from those specified in this definition. NR 460.02(24c)(24c) “Malfunction” means any sudden, infrequent and not reasonably preventable failure of air pollution control and monitoring equipment, process equipment, or a process to operate in a normal or usual manner which causes, or has the potential to cause, the emission limitations in an applicable standard to be exceeded. Failures that are caused in part by poor maintenance or careless operation are not malfunctions. NR 460.02(24e)(a)(a) Federally required monitoring with modifications that meet all of the following criteria: NR 460.02(24e)(a)1.1. Do not decrease the stringency of the compliance and enforcement measures for the relevant standard. NR 460.02(24e)(a)3.3. Are site-specific, made to reflect or accommodate the operational characteristics, physical constraints or safety concerns of an affected source. NR 460.02(24e)(b)(b) Examples of minor modifications to monitoring include, but are not limited to: NR 460.02(24e)(b)1.1. Modifications to a sampling procedure, such as use of an improved sample conditioning system to reduce maintenance requirements. NR 460.02(24e)(b)3.3. Modification of the environmental shelter to moderate temperature fluctuation and thus protect the analytical instrumentation. NR 460.02(24m)(a)(a) A modification to a federally enforceable test method that meets all of the following criteria: NR 460.02(24m)(a)3.3. Is site-specific, made to reflect or accommodate the operational characteristics, physical constraints or safety concerns of an affected source. NR 460.02(24m)(b)(b) Examples of minor changes to a test method include, but are not limited to: NR 460.02(24m)(b)1.1. Field adjustments in a test method’s sampling procedure, such as a modified sampling traverse or location to avoid interference from an obstruction in the stack, increasing the sampling time or volume, use of additional impingers for a high moisture situation, accepting particulate emission results for a test run that was conducted with a lower than specified temperature, substitution of a material in the sampling train that has been demonstrated to be more inert for the sample matrix. NR 460.02(24m)(b)2.2. Changes in recovery and analytical techniques such as a change in quality control or quality assurance requirements needed to adjust for analysis of a certain sample matrix. NR 460.02(24s)(24s) “Minor change to recordkeeping or reporting” means: NR 460.02(24s)(a)(a) A modification to federally required recordkeeping or reporting that meets all of the following criteria: NR 460.02(24s)(a)1.1. Does not decrease the stringency of the compliance and enforcement measures for the relevant standards. NR 460.02(24s)(b)(b) Examples of minor changes to recordkeeping or reporting include, but are not limited to: NR 460.02(24s)(b)2.2. Increased frequency of recordkeeping or reporting, or increased record retention periods.
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