Section 460.04. Prohibited activities and circumvention.

 

(1)   Prohibited activities.

(a) No owner or operator subject to the provisions of chs. NR 460 to 469 may operate any affected source in violation of the requirements of chs. NR 460 to 469 . Affected sources subject to and in compliance with either an extension of compliance or an exemption from compliance are not in violation of the requirements of chs. NR 460 to 469 . An extension of compliance may be granted by the administrator under 40 CFR part 63 , by the department or by the president under section 112 (i) (4) of the Act ( 42 USC 7412 (i) (4)).

(b) No owner or operator subject to the provisions of chs. NR 460 to 469 may fail to keep records, notify, report or revise reports as required under chs. NR 460 to 469 .

1. A part 70 permit has been issued to that source.

2. If a part 70 permit has been issued to that source, whether the permit has been revised or modified to incorporate the emission standard.

(2)   Circumvention. No owner or operator subject to the provisions of chs. NR 460 to 469 may build, erect, install or use any article, machine, equipment or process to conceal an emission that would otherwise constitute noncompliance with a relevant standard. Concealment includes, but is not limited to, all of the following:

(a) The use of diluents to achieve compliance with a relevant standard based on the concentration of a pollutant in the effluent discharged to the atmosphere.

(b) The use of gaseous diluents to achieve compliance with a relevant standard for visible emissions.

(c) Fragmentation after November 15, 1990 which divides ownership of an operation within the same facility among various owners where there is no real change in control. The owner and operator may not use fragmentation or phasing of reconstruction activities to avoid becoming subject to new source requirements.

History: Cr. Register, March, 1997, No. 495 , eff. 4-1-97; CR 05-039 : renum. (1) (a) (intro.) to be (1) (a) and am., r. (1) (a) 1. to 3., (c) and (d), am. (2) (c) Register February 2006 No. 602 , eff. 3-1-06.