Section 406.15. Relocation of portable sources.

 

(1)   Applicability. This section applies to all portable sources of air contaminants which are required under s. 285.60 , Stats., to have a construction permit and to notify the department prior to relocation.

(2)   Permit requirement. No person may cause, allow or permit the relocation of a portable source to a new site without first obtaining a construction permit unless the portable source is exempt from the requirement to obtain a permit under s. NR 406.04 , the portable source is an approved relocated source under s. 285.60 (5) , Stats., or the portable source is exempt from the requirement to obtain an additional permit under sub. (3) .

(3)   Relocation into and within ozone nonattainment areas. Notwithstanding s. 285.60 (5) (a) 1. , Stats., and pursuant to s. 285.60 (6) , Stats., a portable source may relocate into or within a nonattainment area for ozone without obtaining an additional permit if all of the following requirements are met:

(a) The source's potential to emit is less than the major source thresholds for both VOCs and NO x contained in s. NR 408.02 (21) .

(b) The source has an operation permit under s. 285.60 , Stats., prior to relocation.

(c) The owner or operator of the source provides written notice to the department at least 20 days prior to relocation and the department does not object to the relocation.

(d) The source in its new location will meet all applicable emission limitations and any visibility requirements in chs. NR 401 to 499 .

(e) The source is not an affected source.

Renum. (1) from NR 409.01 (1) and am., (2) from NR 409.025 and am., (3) from NR 409.03, Register, April, 1995, No. 472 , eff. 5-1-95; CR 07-040 : am. (3) (a) Register April 2008 No. 628 , eff. 5-1-08.