Section 407.02. Definitions.

  The definitions contained in chs. NR 400 and 406 apply to the terms used in this chapter. In addition, the following definitions apply to the terms used in this chapter:

(1)  "Affected state" means either of the following:

(a) Any state that is within 50 miles of the stationary source obtaining an operation permit or undergoing revision or renewal of its operation permit.

(b) Michigan, Illinois, Iowa or Minnesota if that state's air quality may be affected by the stationary source obtaining an operation permit or undergoing revision or renewal of its operation permit.

(2)  "Emissions allowable under the permit" means an enforceable permit term or condition required by an applicable requirement that establishes an emission limit, including a work practice standard, or a federally enforceable emissions cap that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject.

(3)  "Facility" means all stationary sources emitting air contaminants which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person, or persons under common control. Emissions resulting from loading, unloading or stockpiling materials to or from vessels or vehicles while at a facility shall be considered as part of the facility's emissions. Air contaminant sources, other than transportation related activities, shall be considered as part of the same industrial grouping if they are classified under the same 2-digit major group as described in the Standard Industrial Classification Manual, 1987, incorporated by reference in s. NR 484.05 (1) .

(3e)  "Fugitive emissions" means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.

(3m)  "Individual operation permit" means an operation permit which is not a general operation permit issued under s. NR 407.10 or a registration operation permit issued under s. NR 407.105 .

(4)  "Major source" means any stationary source, or any group of stationary sources, that is located on one or more contiguous or adjacent properties, is under common control of the same person or persons under common control, belongs to a single major industrial grouping and that is described in par. (a) , (b) or (c) . For the purposes of defining "major source", a stationary source or group of stationary sources shall be considered part of a single major industrial grouping if all of the pollutant emitting activities at the source or group of sources have the same 2-digit code as described in the Standard Industrial Classification Manual, 1987, incorporated by reference in s. NR 484.05 .

(a) A stationary source that, for pollutants other than radionuclides, emits or has the potential to emit, in the aggregate, 10 tons per year (tpy) or more of any single hazardous air pollutant listed under section 112 (b) of the Act ( 42 USC 7412 (b)), 25 tpy or more of any combination of those hazardous air pollutants, or a lesser quantity as the administrator may establish by rule. Notwithstanding the preceding sentence, emissions from any oil or gas exploration or production well, with its associated equipment, and emissions from any pipeline compressor or pump station may not be aggregated with emissions from other similar units, whether or not the units are in a contiguous area or under common control, to determine whether the units or stations are major sources.

(b) A stationary source that directly emits, or has the potential to emit, 100 tpy or more of any air contaminant subject to regulation under the Act other than particulate matter. For particulate matter, a stationary source is a major source if it emits, or has the potential to emit, 100 tpy of PM 10 . The fugitive emissions of a stationary source may not be considered in determining whether it is a major source for the purposes of this definition, unless the source belongs to one of the following categories of stationary sources:

1. Coal cleaning plants with thermal dryers.

2. Kraft pulp mills.

3. Portland cement plants.

4. Primary zinc smelters.

5. Iron and steel mills.

6. Primary aluminum ore reduction plants.

7. Primary copper smelters.

8. Municipal incinerators capable of charging more than 250 tons of refuse per day.

9. Hydrofluoric, sulfuric or nitric acid plants.

10. Petroleum refineries.

11. Lime plants.

12. Phosphate rock processing plants.

13. Coke oven batteries.

14. Sulfur recovery plants.

15. Carbon black plants, furnace process.

16. Primary lead smelters.

17. Fuel conversion plants.

18. Sintering plants.

19. Secondary metal production plants.

20. Chemical process plants. The chemical processing plants category does not include ethanol production facilities that produce ethanol by natural fermentation, as described by the 6-digit code of 312140 or 325193 in the North American Industry Classification System United States, 2007, incorporated by reference in s. NR 484.05 (17) .

21. Fossil-fuel boilers, or combination thereof, totaling more than 250 million British thermal units per hour heat input.

22. Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels.

23. Taconite ore processing plants.

24. Glass fiber processing plants.

25. Charcoal production plants.

26. Fossil-fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input.

27. Any other stationary source category not included in this paragraph which as of August 7, 1980 is being regulated under section 111 or 112 of the Act ( 42 USC 7411 or 7412 ).

(c) A major stationary source as defined in part D of title I of the Act ( 42 USC 7501 to 7515 ), which is defined as:

1. For ozone nonattainment areas, sources with the potential to emit 100 tpy or more of volatile organic compounds or oxides of nitrogen in areas classified as "rural transport", "marginal" or "moderate", 50 tpy or more in areas classified as "serious", 25 tpy or more in areas classified as "severe", and 10 tpy or more in areas classified as "extreme"; except that the references in this paragraph to 100, 50, 25 and 10 tpy of nitrogen oxides do not apply with respect to any source for which the administrator has made a finding, under section 182 (f) (1) or (2) of the Act ( 42 USC 7511a (f) (1) or (2)), that requirements under section 182 (f) of the Act ( 42 USC 7511a (f)) do not apply.

2. For ozone transport regions established pursuant to section 184 of the Act ( 42 USC 7511c ), sources with the potential to emit 50 tpy or more of volatile organic compounds.

3. For carbon monoxide nonattainment areas that are classified as "serious", and in which stationary sources contribute significantly to carbon monoxide levels as determined under rules issued by the administrator, sources with the potential to emit 50 tpy or more of carbon monoxide.

4. For particulate matter (PM 10 ) nonattainment areas classified as "serious", sources with the potential to emit 70 tpy or more of PM 10 .

(4m)  "Natural minor source" means a source that meets all of the following criteria:

(a) Is not a major stationary source under ch. NR 405 , and is not a major source under this chapter or under ch. NR 408 .

(b) Is not a synthetic minor source under this chapter and does not have a permit containing conditions that allow the source to avoid being either a major stationary source under the definition in s. NR 405.02 (22) or a major source under the definition in s. NR 408.02 (21) .

(c) Is not a part 70 source.

(5)  "Non-part 70 source" means any stationary source required to obtain an operation permit that is not a part 70 source.

(6)  

(a) "Part 70 source" means any of the following stationary sources, except as provided in par. (b) :

1. Any major source.

2. Any source subject to a standard, limitation or other requirement under section 111 of the Act ( 42 USC 7411 ).

3. Any source subject to a standard or other requirement under section 112 of the Act ( 42 USC 7412 ), except for a source subject solely to regulations or requirements under section 112(d)(5) or (r) of the Act ( 42 USC 7412 (d)(5)or (r)).

4. Any affected source.

(b) Notwithstanding par. (a) , all sources listed in par. (a) 2. or 3. are not part 70 sources unless they are one of the following:

1. Major sources.

2. Affected sources.

3. Solid waste incineration units required to obtain permits pursuant to section 129 (e) of the Act ( 42 USC 7429 (e)).

(6m)  "Regulated asbestos-containing material" has the meaning given in s. NR 447.02 (33) .

(7)  "Renewal" means the process by which an operation permit is reissued at the end of its term.

(8)  "State-only requirement" means a requirement designated under s. NR 407.09 (3) (b) as not being federally enforceable.

(8m)  "Subject to regulation under the Act" has the meaning given in s. NR 405.02 (28m) .

(9)  "Synthetic minor source" means any stationary source that has its potential to emit limited by federally-enforceable permit conditions so that it is not a major source.

History: Cr. Register, December, 1984, No. 348 , eff. 1-1-85; renum. (1) to be (intro.), cr. (1), Register, September, 1986, No. 369 , eff. 10-1-86; r. and recr. Register, December, 1993, No. 456 , eff. 1-1-94; am. (17) (intro.), Register, February, 1995, No. 470 , eff. 3-1-95; renum. (1), (2), (4) to be NR 400.02 (1), (1c), (1v), and (5) to (12), (14), (15), (18), (19), (21), (23) to (30), (33), (34) to be NR 409.02 (10), (11), (15), (19), (22), (26), (28), (29), (37), (38), (47), (48), (50), (55), (56), (64), (66), (69) to (72), (78), (79) and am. (72), (78), (79), Register, April, 1995, No. 472 , eff. 5-1-95; am. (22) (b), Register, June, 1995, No. 474 , eff. 7-1-95; renum. (3), (13), (16), (17), (20), (22), (31), (32), (35) to be (1) to (9) and am. (4) (c) 1. and (6) (b) (intro.), Register, December, 1996, No. 492 , eff. 1-1-97; cr. (6) (b) 5. and 6., Register, March, 1997, No. 495 , eff. 4-1-97; cr. (6) (b) 7., Register, September, 1997, No. 501 , eff. 10-1-97; am. (4) (b) (intro.), Register, December, 1997, No. 504 , eff. 1-1-98 ; am. (4) (a), Register, October, 1999, No. 526 , eff. 11-1-99; CR 04-107 : r. and recr. (3), cr. (3m) Register August 2005 No. 596 , eff. 9-1-05; CR 07-040 : cr. (3e), am. (4) (b) 27., r. (6) (b) 4. to 7. Register April 2008 No. 628 , eff. 5-1-08; CR 07-104 : am. (4) (b) 20. Register July 2008 No. 631 , eff. 8-1-08; CR 09-020 : am. (4) (a), (b) 27., (c) (intro.), 1., 2. and (6) (a) 2., 3., and (b) 3., cr. (6m) Register January 2010 No. 649 , eff. 2-1-10; EmR1046 : emerg. am. (4) (b) (intro.), cr. (8m), eff. 12-15-10; CR 10-144 : am. (4) (b) (intro.), cr. (8m) Register August 2011 No. 668 , eff. 9-1-11; CR 15-005 : am. (4) (b) 27., cr. (4m) Register November 2015 No. 719 , eff. 12-1-15.

Note

A United States Environmental Protection Agency memorandum dated May 16, 1995, from John S. Seitz, Director Office of Air Quality Planning and Standards, addresses when a major source of hazardous air pollutants [a source subject to a standard under section 112 of the Act] can become an area source rather than comply with the major source requirements. Specifically, the memorandum clarifies that facilities may switch to area source status at any time until the "first compliance date" of the standard. The memorandum is available at http://www.epa.gov/oaqps001/permits/memoranda/pteguid.pdf . Microsoft Windows NT 6.1.7601 Service Pack 1