NR 460.04(1) (1) Prohibited activities.

NR 460.04(1)(a) (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)).

NR 460.04(1)(b) (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.

NR 460.04(1)(b)1. 1. A part 70 permit has been issued to that source.

NR 460.04(1)(b)2. 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.

NR 460.04(2) (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:

NR 460.04(2)(a) (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.

NR 460.04(2)(b) (b) The use of gaseous diluents to achieve compliance with a relevant standard for visible emissions.

NR 460.04(2)(c) (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.

NR 460.04 History 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.

NR 460.05 NR 460.05 Compliance with standards and maintenance requirements.

NR 460.05(1) (1) Applicability.

NR 460.05(1)(a) (a) The requirements in this section apply to the owner or operator of affected sources for which any relevant standard has been established pursuant to section 112 of the Act (42 USC 7412) and the applicability of the requirements is set out in accordance with 40 CFR 63.1 (a) (4) unless one of the following applies:

NR 460.05(1)(a)1. 1. The administrator or the department has granted an extension of compliance consistent with sub. (7).

NR 460.05(1)(a)2. 2. The president of the United States has granted an exemption from compliance with any relevant standard in accordance with section 112 (i) (4) of the Act (42 USC 7412 (i) (4)).

NR 460.05(1)(b) (b) If an area source, that otherwise would be subject to an emission standard or other requirement established under 40 CFR part 63 or under chs. NR 460 to 469 if it were a major source, subsequently increases its emissions of hazardous air pollutants, or its potential to emit hazardous air pollutants, such that the source is a major source, the source shall be subject to the relevant emission standard or other requirement.

NR 460.05(2) (2) Compliance dates for new and reconstructed sources.

NR 460.05(2)(a) (a) Except as specified in pars. (c) and (d), the owner or operator of a new or reconstructed affected source for which construction or reconstruction commences after proposal of a relevant standard that has an initial startup before the effective date of a relevant standard established under 40 CFR part 63 pursuant to section 112 (d), (f) or (h) of the Act (42 USC 7412 (d), (f) or (h)) shall comply with the standard not later than the standard’s effective date.

NR 460.05(2)(b) (b) Except as specified in pars. (c) and (d), the owner or operator of a new or reconstructed source that has an initial startup after the effective date of a relevant standard established under 40 CFR part 63 pursuant to section 112 (d), (f) or (h) of the act (42 USC 7412 (d), (f) or (h)) shall comply with the standard upon startup of the source.

NR 460.05(2)(c) (c) The owner or operator of an affected source for which construction or reconstruction is commenced after the proposal date of a relevant standard established under 40 CFR part 63 pursuant to section 112 (d), (f) or (h) of the act (42 USC 7412 (d), (f) or (h)) but before federal promulgation of the standard shall comply with the relevant emission standard not later than the date 3 years after the federal promulgation date if:

NR 460.05(2)(c)1. 1. The promulgated standard, that is, the relevant standard, is more stringent than the proposed standard; for purposes of this subdivision, a finding that controls or compliance methods are “more stringent” shall include control technologies or performance criteria and compliance or compliance assurance methods that are different but are substantially equivalent to those required by the promulgated rule, as determined by the administrator or his or her authorized representative.

NR 460.05(2)(c)2. 2. The owner or operator complies with the standard as proposed during the 3-year period immediately after the effective date.

NR 460.05(2)(d) (d) The owner or operator of an affected source for which construction or reconstruction is commenced after the proposal date of a relevant standard established pursuant to section 112 (d) of the Act (42 USC 7412 (d)) but before the proposal date of a relevant standard established pursuant to section 112 (f) (42 USC 7412 (f)) may not be required to comply with the section 112 (f) emission standard until the date 10 years after the date construction or reconstruction is commenced, except that, if the section 112 (f) standard is promulgated more than 10 years after construction or reconstruction is commenced, the owner or operator shall comply with the standard as provided in pars. (a) and (b).

NR 460.05(2)(e) (e) The owner or operator of a new MACT source that is subject to the compliance requirements of par. (c) or (d) shall notify the department in accordance with s. NR 460.08 (4).

NR 460.05(2)(f) (f) When an area source becomes a major source by the addition of equipment or operations that meet the definition of new affected source in the relevant standard, the portion of the existing facility that is a new affected source shall comply with all requirements of that standard applicable to new MACT sources. The source owner or operator shall comply with the relevant standard upon startup.

NR 460.05(3) (3) Compliance dates for existing sources.

NR 460.05(3)(a) (a) After the effective date of a relevant standard established under 40 CFR part 63 pursuant to section 112 (d) or (h) of the act (42 USC 7412 (d) or (h)), the owner or operator of an existing source shall comply with the standard by the compliance date established in the applicable subparts of 40 CFR part 63.

NR 460.05 Note Note: Except as otherwise provided for in section 112 of the act (42 USC 7412), the compliance date established for an existing source in an applicable subpart of 40 CFR part 63 will not exceed 3 years after the effective date of the standard.

NR 460.05(3)(b) (b) If an existing source is subject to a standard established under 40 CFR part 63 pursuant to section 112 (f) of the Act (42 USC 7412 (f)), the owner or operator shall comply with the standard by the date 90 days after the standard’s effective date, or by the date specified in an extension granted to the source by the department under sub. (7) (c) 2., whichever is later.