Examples of major changes to recordkeeping and reporting include, but are not limited to:
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.
“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.
“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.
Federally required monitoring with modifications that meet all of the following criteria:
Do not decrease the stringency of the compliance and enforcement measures for the relevant standard.
Are site-specific, made to reflect or accommodate the operational characteristics, physical constraints or safety concerns of an affected source.
Examples of minor modifications to monitoring include, but are not limited to:
Modifications to a sampling procedure, such as use of an improved sample conditioning system to reduce maintenance requirements.
Modification of the environmental shelter to moderate temperature fluctuation and thus protect the analytical instrumentation.
A modification to a federally enforceable test method that meets all of the following criteria:
Does not decrease the stringency of the emission limitation or standard.
Is site-specific, made to reflect or accommodate the operational characteristics, physical constraints or safety concerns of an affected source.
Examples of minor changes to a test method include, but are not limited to:
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.
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.
“Minor change to recordkeeping or reporting" means:
A modification to federally required recordkeeping or reporting that meets all of the following criteria:
Does not decrease the stringency of the compliance and enforcement measures for the relevant standards.
Examples of minor changes to recordkeeping or reporting include, but are not limited to:
Increased frequency of recordkeeping or reporting, or increased record retention periods.
Increased reliability in the form of recording monitoring data, such as electronic or automatic recording as opposed to manual recording of monitoring data.
Changes to recordkeeping for good cause shown for a fixed short duration, such as facility shutdown.
Changes to recordkeeping or reporting that is clearly redundant with equivalent recordkeeping or reporting requirements.
Decreases in the frequency of reporting for area sources to no less than once a year, for good cause shown, or for major sources to no less than twice a year, for good cause shown.
“Monitoring" means the collection and use of measurement data or other information to control the operation of a process or pollution control device or to verify a work practice standard relative to assuring compliance with applicable requirements. Monitoring is composed of 4 elements:
Indicators of performance—the parameters you measure or observe for demonstrating proper operation of the pollution control measures or compliance with the applicable emissions limitation or standard. Indicators of performance may include direct or predicted emissions measurements, including opacity, operational parametric values that correspond to process or control device and capture system efficiencies or emissions rates, and recorded findings of inspection of work practice activities, materials tracking, or design characteristics. Indicators may be expressed as a single maximum or minimum value; a function of process variables, for example, within a range of pressure drops; a particular operational or work practice status, for example, a damper position, completion of a waste recovery task, materials tracking; or an interdependency between 2 or among more than 2 variables.
Measurement techniques—the means by which you gather and record information of or about the indicators of performance. The components of the measurement technique include the detector type, location and installation specifications, inspection procedures, and quality assurance and quality control measures. Examples of measurement techniques include continuous emission monitoring systems, continuous opacity monitoring systems, continuous parametric monitoring systems, and manual inspections that include making records of process conditions or work practices.
Monitoring frequency—the number of times you obtain and record monitoring data over a specified time interval. Examples of monitoring frequencies include at least 4 points equally spaced for each hour for continuous emissions or parametric monitoring systems, at least every 10 seconds for continuous opacity monitoring systems, and at least once per operating day or week, month, etc. for work practice or design inspections.
Averaging time—the period over which you average and use data to verify proper operation of the pollution control approach or compliance with the emissions limitation or standard. Examples of averaging time include a 3-hour average in units of the emissions limitation, a 30-day rolling average emissions value, a daily average of a control device operational parametric range, and an instantaneous alarm.
“New affected source" means the collection of equipment, activities, or both within a single contiguous area and under common control that is included in a section 112 (c) source category or subcategory under section 112 of the Act (42 USC 7412
) that is subject to a section 112 (d) or other relevant standard for new sources. This definition of new affected source, and the criteria to be utilized in implementing it, shall apply to each section 112 (d) standard for which the initial proposed rule is signed by the administrator after June 30, 2002. Each relevant standard will define the term new affected source, which will be the same as the affected source unless the administrator finds that a different collection is warranted based on consideration of factors including all of the following:
Emission reduction impacts of controlling individual sources versus groups of sources.
Feasibility and cost of controlling processes that share common equipment, such as product recovery devices.
“New MACT source" means any affected source the construction or reconstruction of which is commenced after the administrator first publishes in the federal register a proposed emission standard that would apply to the source under 40 CFR part 63
“One-hour period", unless otherwise defined in an applicable subpart of 40 CFR part 63
or in an applicable provision of chs. NR 460
, means any 60-minute period commencing on the hour.
“Opacity" means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background. For continuous opacity monitoring systems, opacity means the fraction of incident light that is attenuated by an optical medium.
“Part 70 permit" means any permit issued, renewed or revised under ch. NR 407
for a part 70 source as defined in s. NR 407.02
“Performance audit" means a procedure to analyze blind samples, the content of which is known by the department, simultaneously with the analysis of performance test samples in order to provide a measure of test data quality.
“Performance evaluation" means the conduct of relative accuracy testing, calibration error testing, and other measurements used in validating the continuous monitoring system data.
“Performance test" means the collection of data resulting from the execution of a test method, usually 3 emission test runs, used to demonstrate compliance with a relevant emission standard as specified in the performance test section of the relevant standard.
“Pollution prevention" has the meaning given for “source reduction" in the Pollution Prevention Act (42 USC 13102
(5)). The definition is as follows:
“Source reduction" is any practice that does both of the following:
Reduces the amount of any hazardous substance, pollutant or contaminant entering any waste stream or otherwise released into the environment, including fugitive emissions, prior to recycling, treatment or disposal.
Reduces the hazards to public health and the environment associated with the release of the substances, pollutants or contaminants.
The term “source reduction" includes equipment or technology modifications, process or procedure modifications, reformulation or redesign of products, substitution of raw materials, and improvements in housekeeping, maintenance, training or inventory control.
The term “source reduction" does not include any practice that alters the physical, chemical or biological characteristics or the volume of a hazardous substance, pollutant or contaminant through a process or activity which itself is not integral to and necessary for the production of a product or the providing of a service.
“Reconstruction", unless otherwise defined in a relevant standard, means the replacement of components of an affected or a previously nonaffected source to such an extent that all of the following apply:
The fixed capital cost of the new components exceeds 50% of the fixed capital cost that would be required to construct a comparable new MACT source.
It is technologically and economically feasible for the reconstructed source to meet the relevant standards established by the administrator or by the department pursuant to section 112 of the act (42 USC 7412
). Upon reconstruction, an affected source, or a stationary source that becomes an affected source, is subject to relevant standards for new MACT sources, including compliance dates, irrespective of any change in emissions of hazardous air pollutants from that source.
NR 460.02 Note
The question of whether a relocated source is reconstructed is addressed in s. NR 460.05 (3m)
“Regulation promulgation schedule" means the schedule for the promulgation of emission standards under 40 CFR part 63
, established by the administrator pursuant to section 112 (e) of the act (42 USC 7412
(e)) and published in the federal register.
“Relevant standard" means any of the following established pursuant to section 112 of the Act (42 USC 7412
) that applies to the collection of equipment, activities, or both regulated by the standard or limitation:
A relevant standard may include or consist of a design, equipment, work practice or operational requirement, or other measure, process, method, system or technique, including prohibition of emissions, that the administrator or the department establishes for new or existing sources to which the standard or limitation applies. Every relevant standard established pursuant to section 112 of the Act (42 USC 7412
) includes Subpart A of 40 CFR part 63
, as provided by 40 CFR 63.1
(a) (4), and all applicable appendices of 40 CFR part 63
or other parts of title 40 of the Code of Federal Regulations that are referenced in that standard.
“Run" means one of a series of emission or other measurements needed to determine emissions for a representative operating period or cycle as specified in chs. NR 460
“Shutdown" means the cessation of operation of an affected source or portion of an affected source for any purpose.
“Six-minute period" means, with respect to opacity determinations, any one of the 10 equal parts of a 1-hour period.
“Source at a performance track member facility" means a major or area source located at a facility which has been accepted by EPA for membership in its Performance Track Program and is still a member of the Program.
NR 460.02 Note
The Performance Track Program is a voluntary program that encourages continuous environmental improvement through the use of environmental management systems, local community outreach, and measurable results. It is described on EPA's Web site at www.epa.gov/performancetrack
“Startup" means the setting in operation of an affected source or portion of an affected source for any purpose.
“Test method" or “method" means the validated procedure for sampling, preparing and analyzing for an air pollutant specified in a relevant standard as the performance test procedure. The test method may include methods described in an appendix of title 40 of the code of federal regulations which has been incorporated by reference in s. NR 484.04
for chs. NR 460
, or methods validated for an application through procedures in Method 301 of Appendix A of 40 CFR part 63
which is incorporated by reference in s. NR 484.04 (25)
“Visible emission" means the observation of an emission of opacity or optical density above the threshold of vision.
“You" or “your" means the owner or operator of a facility that is subject to requirements under the chapter where the term is used.
NR 460.02 History
Cr. Register, March, 1997, No. 495
, eff. 4-1-97; CR 00-175
: am. (intro.), (5) and (22), cr. (5m), (14m), (22g), (22r), (23e), (23m), (23s), (24e), (24m) and (24s) Register March 2002 No. 555
, eff. 4-1-02; corrections in (4) and (38) made under s. 13.93 (2m) (b) 7., Stats., Register March 2002 No. 555
; CR 03-037
: am. (intro.) Register March 2004 No. 579
, eff. 4-1-04; CR 05-039
: am. (1), (6), (10), (15) (b), (18), (25), (32) (intro.), (34) (a) (intro.), (b), and (36), cr. (1) (b), (24c), (24w), (24y), (31g), (37g), (37r) and (40), r. (8) Register February 2006 No. 602
, eff. 3-1-06; CR 05-116
: am. (intro.), (1) (a) and (5), cr. (41) Register November 2006 No. 611
, eff. 12-1-06; CR 04-023
: am. (intro.) Register December 2008 No. 636
, eff. 1-1-09; CR 07-105
: cr. (20m) Register December 2008 No. 636
, eff. 1-1-09.
NR 460.03 Units and abbreviations.
The definitions contained in s. NR 400.03
apply to the abbreviations and symbols of units of measure used in chs. NR 460
. In addition, the following definitions apply to the units and abbreviations used in chs. NR 460