Wisconsin Administrative Code
Department of Natural Resources
NR 400-499 - Environmental Protection - Air Pollution Control
Chapter NR 460 - Emission Standards For Hazardous Air Pollutants For Source Categories-General Provisions
Section NR 460.04 - Prohibited activities and circumvention

(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.

(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.