NR 440.01(1)
(1)
Applicability. On and after February 1, 1984 the provisions of this chapter apply to the owner or operator of any stationary source which contains an affected facility.
NR 440.01(2)
(2) Purpose. This chapter is adopted to enable the department to implement and enforce standards of performance for new stationary sources promulgated by the United States environmental protection agency under section 111 of the federal clean air act, (
42 USC 7411) as required by s.
285.27 (1), Stats.
NR 440.01 Note
Note:
This chapter is based on the federal regulations contained in
40 CFR part 60. Sections of this chapter correspond to the subparts of
40 CFR part 60 as indicated in the following table:
-
See PDF for table 
NR 440.01 History
History: Cr.
Register, January, 1984, No. 337, eff. 2-1-84;
CR 06-109: cr. (2) (note) Register May 2008 No. 629, eff. 6-1-08. NR 440.02
NR 440.02 Definitions. The definitions contained in
s. NR 400.02 apply to the terms used in this chapter. In addition, the following definitions apply to the terms used in this chapter:
NR 440.02(3)
(3) “Affected facility" means, with reference to a stationary source, any apparatus to which a standard set out in this chapter is applicable.
NR 440.02(5)
(5) “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 administrator's satisfaction to produce, in specific cases, results adequate for his or her determination of compliance.
NR 440.02(5m)
(5m) “Calendar year" means 365 consecutive days, or 366 consecutive days for leap years, starting on January 1 and ending on December 31.
NR 440.02(6)
(6) “Capital expenditure" means an expenditure for a physical or operational change to an existing facility which exceeds the product of the applicable “annual asset guideline repair allowance percentage" specified in the latest edition of internal revenue service (IRS) publication 534 and the existing facility's basis, as defined by
26 USC 1012. However, the total expenditure for a physical or operational change to an existing facility may not be reduced by any“excluded additions" as defined in IRS publication 534, as would be done for tax purposes.
NR 440.02(6m)
(6m) “Clean coal technology demonstration project" means a project using funds appropriated under the heading `Department of Energy Clean Coal Technology', up to a total amount of $2,500,000,000 for commercial demonstrations of clean coal technology, or similar projects funded through appropriations for the U.S. environmental protection agency.
NR 440.02(7)
(7) “Commenced" means, with respect to the definition of “new source" in
sub. (18), that an owner or operator has undertaken a continuous program of construction or modification 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 modification.
NR 440.02(8)
(8) “Construction" means fabrication, erection or installation of an affected facility.
NR 440.02(9)
(9) “Continuous monitoring system" means the total equipment, required under the emission monitoring subsections in applicable sections of this chapter, used to sample and condition (if applicable), to analyze, and to provide a permanent record of emissions or process parameters.
NR 440.02(10)
(10) “Electric utility steam generating unit" means any steam electric generating unit that is constructed for the purpose of supplying more than one third of its potential electric output capacity and more than 25 MW electrical output to any utility power distribution system for sale. Any steam supplied to a steam distribution system for the purpose of providing steam to a steam electric generator that would produce electrical energy for sale is also considered in determining the electrical energy output capacity of the affected facility.
NR 440.02(11)
(11) “Equivalent method" means any method of sampling and analyzing for an air pollutant which has been demonstrated to the administrator's satisfaction to have a consistent and quantitatively known relationship to the reference method, under specified conditions.
NR 440.02(12)
(12) “Excess emissions and monitoring system performance report" means a report that must be submitted periodically by a source in order to provide data on its compliance with stated emission limits and operating parameters, and on the performance of its monitoring systems.
NR 440.02(13)
(13) “Existing facility" means, with reference to a stationary source, any apparatus of the type for which a standard is promulgated in this chapter, and the construction or modification of which was commenced before the applicability date of that standard; or any apparatus which could be altered in such a way as to be of that type.
NR 440.02(14)
(14) “Isokinetic sampling" means sampling in which the linear velocity of the gas entering the sampling nozzle is equal to that of the undisturbed gas stream at the sample point.
NR 440.02(15)
(15) “Malfunction" means any sudden, infrequent and not reasonably preventable failure of air pollution control equipment, process equipment or a process to operate in a normal or usual manner. Failures that are caused in part by poor maintenance or careless operation are not malfunctions.
NR 440.02(15m)
(15m) “Method X," where “X" is a number or a number followed by a letter, means the specified method contained in Appendix A of
40 CFR part 60, incorporated by reference in
s. NR 440.17.
NR 440.02(16)
(16) “Modification" means any physical change in, or change in the method of operation of, an existing facility which increases the amount of any air pollutant (to which a standard applies) emitted into the atmosphere by that facility or which results in the emission of any air pollutant (to which a standard applies) into the atmosphere not previously emitted.
NR 440.02(17)
(17) “Monitoring device" means the total equipment, required under the monitoring of operations subsections in applicable sections of this chapter, used to measure and, if applicable, record process parameters.
NR 440.02(18)
(18) “New source" means any stationary source, the construction or modification of which is commenced after the applicability date of a standard of performance in this chapter which will be applicable to the source.
NR 440.02(19)
(19) “Nitrogen oxides" means all oxides of nitrogen except nitrous oxide, as measured by test methods set forth in this chapter or incorporated by reference in this chapter by
s. NR 440.17.
NR 440.02(20)
(20) “One-hour period" means any 60-minute period commencing on the hour.
NR 440.02(22)
(22) “Owner or operator" means any person who owns, leases, operates, controls or supervises an affected facility or a stationary source of which an affected facility is a part.
NR 440.02(23)
(23) “Particulate matter" means any finely divided solid or liquid material, other than uncombined water, as measured by the reference methods specified under each applicable section of this chapter, or an equivalent or alternative method.
NR 440.02(25)
(25) “Proportional sampling" means sampling at a rate that produces a constant ratio of sampling rate to stack gas flow rate.
NR 440.02(25m)
(25m) “Reactivation of a very clean coal fired electric utility steam generating unit" means any physical change or change in the method of operation associated with the commencement of commercial operations by a coal fired utility unit after a period of discontinued operation where the unit:
NR 440.02(25m)(a)
(a) Has not been in operation for the 2 year period prior to the enactment of the clean air act amendments of 1990, and the emissions from the unit continue to be carried in the department's emissions inventory at the time of enactment;
NR 440.02(25m)(b)
(b) Was equipped prior to shutdown with a continuous system of emissions control that achieves a removal efficiency for sulfur dioxide of no less than 85% and a removal efficiency for particulates of no less than 98%.
NR 440.02(25m)(c)
(c) Is equipped with low NO
x burners prior to the time of commencement of operations following reactivation; and
NR 440.02(26)
(26) “Reference method" means any method of sampling and analyzing for an air pollutant as specified in the applicable section.
NR 440.02(26m)
(26m) “Repowering" means replacement of an existing coal fired boiler with one of the following clean coal technologies: atmospheric or pressurized fluidized bed combustion, integrated gasification combined cycle, magnetohydrodynamics, direct and indirect coal fired turbines, integrated gasification fuel cells, or as determined by the administrator of the U.S. environmental protection agency, in consultation with the secretary of energy, a derivative of one or more of these technologies, and any other technology capable of controlling multiple combustion emissions simultaneously with improved boiler or generation efficiency and with significantly greater waste reduction relative to the performance of technology in widespread commercial use as of November 15, 1990. Repowering shall also include any oil, oil and gas or gas fired unit which has been awarded clean coal technology demonstration funding as of January 1, 1991 by the United States department of energy.
NR 440.02(27)
(27) “Run" means the net period of time during which an emission sample is collected. Unless otherwise specified, a run may be either intermittent or continuous within the limits of good engineering practice.
NR 440.02(28)
(28) “Shutdown" means the cessation of operation of an affected facility for any purpose.
NR 440.02(29)
(29) “Six-minute period" means any one of the 10 equal parts of a one-hour period.
NR 440.02(33)
(33) “Startup" means the setting in operation of an affected facility for any purpose.
NR 440.02(34)
(34) “Stationary source" means any building, structure, facility or installation which emits or may emit any air pollutant.
NR 440.02(35)
(35) “Volatile organic compound" or “VOC" means any organic compound which participates in atmospheric photochemical reactions, or which is measured by a reference method, an equivalent method, an alternative method, or which is determined by procedures specified under any section of this chapter.
NR 440.02 History
History: Cr.
Register, January, 1984, No. 337, eff. 2-1-84; am. (intro.), (1), (5), (11) and (35), r. (24),
Register, September, 1990, No. 417; renum. (12) to be (13), cr. (12) and (15m), am. (26),
Register, July, 1993, No. 451, eff. 8-1-9
3; am. (intro.), r. (1), (2), (15), (31), cr. (6m), (13m), (18m), (25m), (26m), r. and recr. (10), renum. (21) to be NR 400.02 (60m) and am.,
Register, December, 1995, No. 480, eff. 1-1-96;
CR 06-109: cr. (5m) and (15) Register May 2008 No. 629, eff. 6-1-08.
NR 440.03
NR 440.03 Units and abbreviations. The definitions contained in
s. NR 400.03 apply to the abbreviations and symbols of units of measure used in this chapter. In addition, the following definitions apply to the units and abbreviations used in this chapter:
NR 440.03(1)
(1) System international (SI) units of measure:
MJ - megajoule—106 joule
P2O5 - phosphorus pentoxide
DNR - Wisconsin department of natural resources
NR 440.03 History
History: Cr.
Register, January, 1984, No. 337, eff. 2-1-84; am. (1) and (2),
Register, September, 1990, No. 417; am.
Register, December, 1995, No. 480, eff. 1-1-96.
NR 440.04
NR 440.04 Addresses. All requests, reports, applications, submittals and other communications to the department under this chapter shall be submitted in duplicate and addressed to the appropriate regional office of the department of natural resources, to the attention of the regional director. The regional offices are:
NR 440.04(1)
(1) DNR South Central Region, 2801 Coho St, Madison WI 53713.
NR 440.04(2)
(2) DNR Northeast Region, 1125 N Military Ave, PO Box 10448, Green Bay WI 54307-0448.
NR 440.04(3)
(3) DNR West Central Region, 1300 Clairemont Ave, Call Box 4001, Eau Claire WI 54702.
NR 440.04(4)
(4) DNR Southeast Region, Air Management Section, 2300 N Dr Martin Luther King Jr Dr, PO Box 12436, Milwaukee WI 53212.
NR 440.04(5)
(5) DNR Northern Region, Hwy 70 West, Box 309, Spooner WI 54801.
NR 440.04 Note
Note:
The counties in each administrative region are:
NR 440.04 Note
(1) South Central Region—Columbia, Crawford, Dane, Dodge, Grant, Green, Iowa, Jefferson, LaFayette, Richland, Rock and Sauk Counties.
NR 440.04 Note
(2) Northeast Region—Brown, Calumet, Door, Fond du Lac, Green Lake, Kewaunee, Manitowoc, Marinette, Marquette, Menominee, Oconto, Outagamie, Shawano, Waupaca, Waushara and Winnebago Counties.
NR 440.04 Note
(3) West Central Region—Adams, Buffalo, Chippewa, Clark, Dunn, Eau Claire, Jackson, Juneau, LaCrosse, Marathon, Monroe, Pepin, Pierce, Portage, St. Croix, Trempealeau, Vernon and Wood Counties.
NR 440.04 Note
(4) Southeast Region—Kenosha, Milwaukee, Ozaukee, Racine, Sheboygan, Walworth, Washington and Waukesha Counties.
NR 440.04 Note
(5) Northern Region—Ashland, Barron, Bayfield, Burnett, Douglas, Florence, Forest, Iron, Langlade, Lincoln, Oneida, Polk, Price, Rusk, Sawyer, Taylor, Vilas and Washburn Counties.
NR 440.04 History
History: Cr.
Register, January, 1984, No. 337, eff. 2-1-84; am. (1) to (5),
Register, September, 1990, No. 417; correction in (1) made under s. 13.93 (2m) (b) 6., Stats.,
Register, July, 1993, No. 451, eff. 8-1-93; am. (5),
Register, December, 1995, No. 480, eff. 1-1-96.
NR 440.05
NR 440.05 Determination of construction or modification. NR 440.05(1)(1) When requested to do so by an owner or operator, the department shall make a determination of whether action taken or intended to be taken by the owner or operator constitutes construction, including reconstruction, or modification or the commencement thereof within the meaning of this chapter.
NR 440.05(2)
(2) The department shall respond to any request for a determination under
sub. (1) within 30 days of receipt of the request.
NR 440.05 History
History: Cr.
Register, January, 1984, No. 337, eff. 2-1-84.
NR 440.06(1)
(1) When requested to do so by an owner or operator, the department shall review plans for construction or modification for the purpose of providing technical advice to the owner or operator.
NR 440.06(1)(a)
(a) A separate request shall be submitted for each construction or modification project.
NR 440.06(1)(b)
(b) Each request shall identify the location of the project and be accompanied by technical information describing the proposed nature, size, design and method of operation of each affected facility involved in the project, including information on any equipment to be used for measurement or control of emissions.
NR 440.06(2)
(2) Neither a request for plans review nor advice furnished by the department in response to a request shall relieve an owner or operator of legal responsibility for compliance with any provision of this chapter or of any other applicable requirement, or prevent the department from implementing or enforcing any provision of this chapter or taking any other action authorized by the law.
NR 440.06 History
History: Cr.
Register, January, 1984, No. 337, eff. 2-1-84.
