Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 440 - Standards of performance for new stationary sources › Subchapter I - General Provisions › Section NR 440.02 - Definitions

Current through June 24, 2024
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:
(3) "Affected facility"
			  means, with reference to a stationary source, any apparatus to which a standard
			  set out in this chapter is applicable.
(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.
(5m)
			  "Calendar year" means 365 consecutive days, or 366 consecutive days for leap
			  years, starting on January 1 and ending on December 31.
(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.
(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.
(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.
(8) "Construction"
			  means fabrication, erection or installation of an affected facility.
(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.
(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.
(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.
(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.
(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.
(13m) "Existing unit",
			  for purposes of s.
			  NR
			  440.14(10), has the meaning given in
			  s.
			  NR
			  409.02(39).
(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.
(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.
(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.
(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.
(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.
(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.
(18m)
			  "New unit", for purposes s.
			  NR
			  440.14(10), has the meaning given in
			  s.
			  NR
			  409.02(49).
(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.
(20) "One-hour period" means any 60-minute
			  period commencing on the hour.
(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.
(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.
(25) "Proportional
			  sampling" means sampling at a rate that produces a constant ratio of sampling
			  rate to stack gas flow rate.
(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:
(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;
(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%.
(c) Is equipped
			  with low NOx burners prior to the time of commencement
			  of operations following reactivation; and
(d) Is otherwise in compliance with the
			  requirements of the act.