285.61 (2) Plans, specifications and other information. Within 20 days after receipt of the application the department shall indicate the plans, specifications and any other information necessary to determine if the proposed construction, reconstruction, replacement or modification will meet the requirements of ss. 144.30 to 144.426 and 144.96 this chapter and s. 299.15 and rules promulgated under these sections this chapter and s. 299.15.
(8) (a) Criteria; considerations. The department may approve the construction permit application and issue a construction permit according to the criteria established under s. 144.393 285.63 after consideration of the comments received under subs. (6) and (7) and after consideration of the environmental impact as required under s. 1.11.
(9) Mining hearing. If a hearing on the construction permit is conducted as a part of a hearing under s. 144.836 293.43, the notice, comment and hearing provisions in that section supersede the provisions of subs. (4) to (8).
227,487
Section
487. 144.3925 (title), (1), (2), (3), (4), (5), (5m), (6), (7), (8) and (9) of the statutes, as affected by 1995 Wisconsin Act 27, are renumbered 285.62 (title), (1), (2), (3), (4), (5), (6), (7), (8), (9) and (10), and 285.62 (1), (2), (3) (b) 2., (6) (a) and (b), (7) (a) and (b), (8), (9) (a) and (10), as renumbered, are amended to read:
285.62 (1) Applicant notice required. A person who is required to obtain an operation permit for a stationary source shall apply to the department for the permit on or before the operation permit application date specified under s. 144.374 (2) sub. (11) (b). The department shall specify by rule the content of applications under this subsection. If required by the federal clean air act, the department shall provide a copy of the complete application to the federal environmental protection agency. The department may not accept an application submitted to the department before November 15, 1992, as an application under this subsection.
(2) Plans, specifications and other information. Within 20 days after receipt of the application the department shall indicate any additional information required under sub. (1) necessary to determine if the source, upon issuance of the permit, will meet the requirements of ss. 144.30 to 144.426 and 144.96 this chapter and s. 299.15 and rules promulgated under those sections this chapter and s. 299.15.
(3) (b) 2. Any local air pollution control agency that has a program under s. 144.41 285.73 that is approved by the department and that has jurisdiction over the area in which the stationary source is located.
(6) (a) After considering any public comments concerning an application, the department may prepare a proposed operation permit or deny the application for an operation permit. If the criteria in ss. 144.393 and 144.3935 285.63 and 285.64 are met, the department shall prepare a proposed operation permit. If required by the federal clean air act, the department shall provide a copy of a proposed operation permit to the federal environmental protection agency. If a state has submitted recommendations in response to the notice under sub. (3) (b) 7. and the department has not accepted those recommendations, the department shall notify that state and the federal environmental protection agency in writing of its decision not to accept the recommendations and the reasons for that decision.
(b) The federal environmental protection agency may object in writing to the issuance of an operation permit that it determines is not in compliance with the federal clean air act or an implementation plan prepared under s. 144.31 (1) (f) 285.11 (6). The department shall respond in writing to the objection if the federal environmental protection agency provides the reasons for the objection and submits the objection to the department and the applicant within 45 days after receiving either a copy of the proposed operation permit under par. (a) or notice under par. (a) of the department's decision not to accept the recommendations of another state.
(7) (a) The department shall approve or deny the operation permit application for an existing source. The department shall issue the operation permit for an existing source if the criteria established under ss. 144.393 and 144.3935 285.63 and 285.64 are met. The department shall issue an operation permit for an existing source or deny the application within 18 months after receiving a complete application, except that the department may, by rule, extend the 18-month period for specified existing sources by establishing a phased schedule for acting on applications received within one year after the effective date of the rule promulgated under sub. (1) that specifies the content of applications for operation permits. The phased schedule may not extend the 18-month period for more than 3 years.
(b) The department shall approve or deny the operation permit application for a new source or modified source. The department shall issue the operation permit for a new source or modified source if the criteria established under ss. 144.393 and 144.3935 285.63 and 285.64 are met. The department shall issue an operation permit for a new source or modified source or deny the application within 180 days after the permit applicant submits to the department the results of all equipment testing and emission monitoring required under the construction permit.
(8) Operation continued during application. If a person timely submits a complete application for an existing source under sub. (1) and submits any additional information requested by the department within the time set by the department, the existing source may not be required to discontinue operation and the person may not be prosecuted for lack of an operation permit until the department acts under sub. (6) (7).
(9) (a) If the department fails to issue an operation permit or to deny the application within the period specified in sub. (6) (7) or in a rule promulgated under sub. (6) (7), that failure is considered a final decision on the application solely for the purpose of obtaining judicial review under ss. 227.52 and 227.53 to require the department to act on the application without additional delay.
(10) Effect of permit. (a) Except as provided in par. (b), the issuance of an operation permit, including an operation permit that contains a compliance schedule, does not preclude enforcement actions based on violations of ss. 144.30 to 144.426 this chapter that occur before, on or after the date that the operation permit is issued. The inclusion of a compliance schedule in an operation permit does not preclude enforcement actions based on violations of ss. 144.30 to 144.426 this chapter to which the compliance schedule relates, whether or not the source is violating the compliance schedule.
(b) Unless precluded by the administrator of the federal environmental protection agency under 42 USC 7661c (f), compliance with all emission limitations included in an operation permit is considered to be compliance with all emission limitations established under ss. 144.30 to 144.426 this chapter and emission limitations under the federal clean air act that are applicable to the stationary source as of the date of issuance of the operation permit if the permit includes the applicable emission limitations or the department, in acting on the application for the operation permit, determines in writing that the emission limitations do not apply to the stationary source and the operation permit includes that determination.
227,488
Section 488
. 144.393 of the statutes is renumbered 285.63, and 285.63 (1) (intro.), (a), (b) and (d), (2) (c), (7) (b) 2., 3., 4., 5. and 8. and (10) (a), (b) and (c) 4., as renumbered, are amended to read:
285.63 (1) Requirements for all sources. (intro.) The department may approve the application for a permit required or allowed under s. 144.391 285.60 if it finds:
(a) Source will meet requirements. The stationary source will meet all applicable emission limitations and other requirements promulgated under ss. 144.30 to 144.426 this chapter, standards of performance for new stationary sources under s. 144.375 (4) 285.27 (1) and emission standards for hazardous air contaminants under s. 144.375 (5) 285.27 (2);
(b) Source will not violate or exacerbate violation of air quality standard or ambient air increment. The source will not cause or exacerbate a violation of any ambient air quality standard or ambient air increment under s. 144.375 285.21 (1) or (2);
(d) Source will not preclude construction or operation of other source. The stationary source will not degrade the air quality in an area sufficiently to prevent the construction, reconstruction, replacement, modification or operation of another stationary source if the department received plans, specifications and other information under s. 144.392 285.61 (2) for the other stationary source prior to commencing its analysis under s. 144.392 285.61 (3) for the former stationary source. This paragraph does not apply to an existing source required to have an operation permit.
(2) (c) Applicant's other major sources meet or on schedule to meet requirements. All other major sources that are located in this state and that are owned or operated by the permit applicant or by any entity controlling, controlled by or under common control with the permit applicant, as determined under s. 180.1140 (6), meet or are on schedule to meet the requirements of ss. 144.30 to 144.426 and 144.96 this chapter and s. 299.15 and rules promulgated under those sections this chapter and s. 299.15 and are in compliance with or are on schedule to come into compliance with all applicable emission limitations and emission standards under the federal clean air act.
(7) (b) 2. Except as provided in s. 144.399 285.69 (5) (d), the applicant is in compliance or is complying with an approved schedule to be in compliance with ss. 144.30 to 144.426 and 144.96 this chapter and s. 299.15 with respect to all stationary sources that it owns or operates and has paid the fees required under s. 144.399 285.69 (5).
3. Except as provided in subd. 8., the growth accommodation reported for the current year under s. 144.40 285.39 (2) (b) 1., after reduction by the amount of the proposed growth accommodation credit and any growth accommodation credits issued since the date of the report, is greater than 2,500 tons.
4. If the growth accommodation reported for the current year under s. 144.40 285.39 (2) (b) 1., less a reduction by the amount of any growth accommodation credits issued since the date of the report under s. 144.40
285.39 (2) (b) 1., is greater than 3,000 tons, the department may certify to the applicant no more than the amount of the growth accommodation reported for the current year under s. 144.40 285.39 (2) (b) 1., less the sum of 2,750 tons and any growth accommodation credits issued since the date of the report under s. 144.40 285.39 (2) (b).
5. If the growth accommodation reported for the current year under s. 144.40 285.39 (2) (b) 1., after reduction by the amount of any growth accommodation credits issued since the date of the report under s. 144.40
285.39 (2) (b) 1., is greater than 2,500 tons but less than or equal to 3,000 tons, the department may certify no more than 250 tons to the applicant in that year.
8. If the growth accommodation reported for the current year under s. 144.40 285.39 (2) (b) 1., after reduction by the amount of the proposed growth accommodation credit and any growth accommodation credits issued since the date of the report, would be 2,500 tons or less, the department may certify to the applicant a growth accommodation credit in the amount determined under this section if, because of facility shutdowns or replenishment activities under s. 144.40 285.39 that have occurred, the growth accommodation for the next succeeding year after reduction by the amount of the growth accommodation credit will be greater than 2,500 tons.
(10) (a) In this subsection, “medical waste incinerator" has the meaning given in s. 159.07 287.07 (7) (c) 1. cr.
(b) In addition to the requirements under subs. (1) to (3), the department may approve an application submitted after May 14, 1992, for a permit required or allowed under s. 144.391 285.60 for the construction of a medical waste incinerator or for the modification of a medical waste incinerator that expands the capacity of the medical waste incinerator only if it finds that the new or modified medical waste incinerator will be needed and that the site of the medical waste incinerator is appropriate.
(c) 4. The quantity of waste having the potential to be burned in the medical waste incinerator that may be managed in an effective recycling program created under s. 159.11 287.11.
227,489
Section 489
. 144.3935 of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 285.64, and 285.64 (1) (a) (intro.) and (b) and (2), as renumbered, are amended to read:
285.64 (1) (a) (intro.) Notwithstanding s. 144.393 285.63, the department may issue an operation permit for a stationary source that does not comply with the requirements in the operation permit, in the federal clean air act, in an implementation plan under s. 144.31 (1) (f)
285.11 (6) or in s. 144.393 285.63 when the operation permit is issued if the operation permit includes all of the following:
(b) Notwithstanding par. (a) and s. 144.393
285.63, the department may not issue an operation permit to a stationary source if the federal environmental protection agency objects to the issuance of the operation permit as provided in s. 144.3925 (5m) 285.62 (6) unless the department revises the operation permit to meet the objection.
(2) One-year moratorium on revocation. (a) The department may not revoke an operation permit for an existing source for one year after the issuance of that permit based upon failure of the existing source at the time of permit issuance to comply with ss. 144.30 to 144.426 and 144.96 this chapter and s. 299.15 and rules promulgated under these sections this chapter and s. 299.15.
(b) Notwithstanding par. (a), the department may take any other action necessary to enforce an operation permit and ss. 144.30 to 144.426 and 144.96 this chapter and s. 299.15 and rules promulgated under these sections this chapter and s. 299.15 which apply to the existing source after issuance of an operation permit under this section.
227,490
Section 490
. 144.394 (intro.), (1), (2), (3), (4), (5), (6), (7), (7m), (8), (9), (10), (11), (12) and (13) of the statutes are renumbered 285.65 (intro.), (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13) and (14), and 285.65 (intro.), (3), (8) and (9), as renumbered, are amended to read:
285.65 Permit conditions. (intro.) The department may prescribe conditions for an air pollution control permit to ensure compliance with ss. 144.30 to 144.426 and 144.96 this chapter and s. 299.15 and rules promulgated under these sections this chapter and s. 299.15 and to ensure compliance with the federal clean air act if each condition is one of the following and if each condition is applicable to the source:
(3) Requirements necessary to assure compliance with s. 144.393 285.63.
(8) The terms for use of growth accommodation credits under s. 144.393 285.63 (7) or (8), including the dates that the source expects to use the credits.
(9) Requirements concerning entry and inspection as provided in s. 144.34 285.19.
227,491
Section 491
. 144.395 of the statutes is renumbered 285.67.
227,492
Section 492
. 144.396 of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 285.66, and 285.66 (2) and (3) (b) and (c), as renumbered, are amended to read:
285.66 (2) Operation. The department shall specify the term of an operation permit in the operation permit. The term of an operation permit issued under s. 144.3925 285.62 or renewed under sub. (3) may not exceed 5 years from the date of issuance or renewal.
(3) (b) The department shall follow the procedures in s. 144.3925 285.62 in renewing an operation permit for a new source, a modified source or an existing source.
(c) The department may renew an operation permit if the criteria in ss. 144.393 and 144.3935 285.63 and 285.64 are met. Notwithstanding s. 144.3935
285.64 (1) (a), the department may deny an application for renewal of an operation permit for a stationary source if the stationary source is in violation of its current operation permit.
227,493
Section 493
. 144.398 of the statutes is renumbered 285.68.
227,494
Section 494
. 144.399 (title) and (1) of the statutes are renumbered 285.69 (title) and (1).
227,495
Section 495
. 144.399 (2) (title) and (a) (intro.), 1., 2., 2g., 2r., 3. and 4. of the statutes, as affected by 1995 Wisconsin Act 27, are renumbered 285.69 (2) (title) and (a) (intro.), 1., 2., 3., 4., 5. and 6., and 285.69 (2) (a) 2., 3. and 5., as renumbered, are amended to read:
285.69 (2) (a) 2. Except as provided under par.
(c) (d), that the fees collected in 1993 are $18 per ton of each regulated pollutant.
3. Except as provided under par. (c) (d), that the fees collected in 1994 are $25 per ton increased by the percentage by which the consumer price index, as defined in 42 USC 7661a (b) (3) (B) (v), for 1993 exceeds the consumer price index for 1989.
5. That fees are not based on emissions by an air contaminant source in excess of 4,000 tons per year of each regulated pollutant, except that, subject to par. (am) (b), this limitation does not apply to a major utility, as defined in s. 144.385 (2) (b) 285.41 (1) (f), that owns or operates a phase I affected unit as listed in Table A of 42 USC 7651c.
227,496
Section 496
. 144.399 (2) (am) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 285.69 (2) (b) and amended to read:
285.69 (2) (b) The department may not charge a major utility fees on emissions in excess of 4,000 tons per year of each regulated pollutant beyond the amount necessary to recover the fees that would have been charged for any phase I affected unit under 42 USC 7651c owned by that major utility if the prohibition in par. (a) 4. 6. did not exist.
227,497
Section
497. 144.399 (2) (b) and (c) of the statutes are renumbered 285.69 (2) (c) and (d).
227,498
Section 498
. 144.399 (3) to (6) of the statutes are renumbered 285.69 (3) to (6), and 285.69 (5) (a) and (d), as renumbered, are amended to read:
285.69 (5) (a) A one-time growth accommodation use fee shall be imposed at the time of application upon any person who obtains a certified growth accommodation credit under s. 144.393 285.63 (7). If the amount of credit per calendar year varies between calendar years, the amount of the fee shall be based upon the largest annual credit for any calendar year. If the person submits more than one application in any calendar year, the fee for the application shall be based upon the largest cumulative credit obtained for any calendar year. A fee is nonrefundable, except that in determining a fee for an application in any calendar year, the department shall credit once to the person an amount equal to any fee previously paid in the same calendar year. All fees collected under this subsection shall be deposited in the general fund.
(d) A stationary source which is operating without an air pollution control permit required under s. 144.391 285.60 but which can demonstrate to the satisfaction of the department the ability to comply with ss. 144.30 to 144.426 and 144.96 this chapter and s. 299.15 after obtaining a growth accommodation credit under s. 144.393 285.63 (7) shall be required to pay an amount from $200 to $1,000 times the amount of the growth accommodation credit certified to the person, expressed in tons per year.
227,499
Section 499
. 144.399 (7) of the statutes, as created by 1995 Wisconsin Act 27, is renumbered 285.69 (7) and amended to read:
285.69 (7) Emission reduction credit fees. The department may promulgate rules for the payment of fees by persons who hold emission reduction credits that may be used to satisfy the offset requirements in s. 144.393 285.63 (2) (a) and that have been certified by the department. The rules may waive the payment of fees under this subsection for categories of emission reduction credits. The fees collected under this subsection shall be credited to the appropriation under s. 20.370 (2) (bg).
227,500
Section 500
. 144.40 of the statutes is renumbered 285.39, and 285.39 (1) (d), (3) (a) and (5), as renumbered, are amended to read:
285.39 (1) (d) Net certified accommodation credits are the sum of all volatile organic compound growth accommodation credits certified to date under s. 144.393 285.63 (7) or (8) minus the sum of the actual annual emissions of volatile organic compounds for the year 2 years before the specified year attributable to the sources receiving volatile organic compound growth accommodation credits certified to date under s. 144.393
285.63 (7) or (8).
(3) (a) Promulgate rules under s. 144.42 285.30 (6) (e), relating to the inspection of vehicles for tampering with air pollution control equipment.
(5) Contingent restrictions on existing sources. If at any time the department finds that the growth accommodation is less than 2,500 tons and determines that it is unlikely that the growth accommodation will exceed 2,500 tons in the report under sub. (2) (b) 1. for the following year because of the inadequacy of replenishment activities at the time or because of facility shutdowns, the department shall implement the rules that specify emission limitations for emissions of volatile organic compounds from stationary sources located in the volatile organic compound accommodation area that were required to report their emissions under s. 144.96 299.15 during calendar year 1987. The emission limitations shall be designed to ensure that the growth accommodation in the subsequent year is not less than 2,500 tons. The emission limitations may not be more restrictive than the lowest achievable emission rate. The department shall implement the emission limitations by source category. For the purpose of this section, the department shall determine a source category according to the type and level of emissions. The department may also use other characteristics which relate to air pollution to determine source categories. The department shall implement the emission limitations based upon ease of implementation, cost-effectiveness and the relative equity of imposing a limitation upon a source category, given any prior limitations of emissions imposed upon that source category. To the extent feasible, the emission limitations shall provide affected sources the opportunity to choose to be subject to either an annual emission limitation or a more restrictive applicable reasonably available control technology rule than was in effect in 1987.
227,501
Section 501
. 144.401 of the statutes is renumbered 285.75.
227,502
Section 502
. 144.403 of the statutes is renumbered 285.81, and 285.81 (1) (intro.), (2), (3) and (4), as renumbered, are amended to read:
285.81 (1) Permit holder; permit applicant; order recipient. (intro.) Any permit, part of a permit, order, decision or determination by the department under ss. 144.391 to 144.401 285.39, 285.60 to 285.69 or 285.75 shall become effective unless the permit holder or applicant or the order recipient seeks a hearing on the action in the following manner:
(2) Other persons. Any person who is not entitled to seek a hearing under sub. (1) (intro.) and who meets the requirements of s. 227.42 (1) or who submitted comments in the public comment process under s. 144.3925 285.62 (4) or (5) may seek review under sub. (1) of any permit, part of a permit, order, decision or determination by the department under ss. 144.391 to 144.401 285.39, 285.60 to 285.69 or 285.75.
(3) Mining hearing. Subsections (1) and (2) do not apply if a hearing on the matter is conducted as a part of a hearing under s. 144.836 293.43.
(4) Review of department determinations. An air pollution control permit, part of an air pollution control permit or determination by the department under ss. 144.391 to 144.401 285.39, 285.60 to 285.69 or 285.75 is not subject to review in any civil or criminal enforcement action for a violation of ss. 144.30 to 144.426
this chapter. This subsection does not restrict the ability of a person to challenge an administrative rule as provided in s. 227.40 (2).
227,503
Section 503
. 144.404 of the statutes is renumbered 285.77.
227,504
Section 504
. 144.405 of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (Senate Bill 345), is renumbered 285.31.
227,505
Section 505
. 144.407 (title), (1), (1g), (1m), (1r), (1t), (1w) and (2) of the statutes are renumbered 285.55 (title), (1), (2), (3), (4), (5), (6) and (7), and 285.55 (1), (2), (3), (4) (intro.) and (a), (5) (intro.) and (6), as renumbered, are amended to read:
285.55 (1) In this section, “medical waste incinerator" means a facility for solid waste treatment, as defined in s. 144.43 (7r) 289.01 (39), that burns medical waste, as defined in s. 159.07 287.07 (7) (c) 1. cg.
(2) Except as provided in sub. (1m), (1r), (1t) or (1w) (3), (4), (5) or (6), the department may not issue an air pollution control permit for the construction or modification of a medical waste incinerator or an initial license under s. 144.44 (4) 289.31 for a medical waste incinerator.
(3) Subsection (1g) (2) does not apply to the issuance of a license under s. 144.44 (4)
289.31 for ash management for a medical waste incinerator that is operating on May 14, 1992, or has an air pollution control permit on May 14, 1992.
(4) (intro.) Subsection (1g)
(2) does not apply to the issuance of an air pollution control permit or a license under s. 144.44 (4) 289.31 for the construction or modification of a medical waste incinerator by one or more hospitals, as defined in s. 50.33 (2), clinics, as defined in s. 159.07 287.07 (7) (c) 1. a., or nursing homes, as defined in s. 50.01 (3), if all of the following apply:
(a) The construction or modification is designed to treat medical waste generated by one or more hospitals, clinics or nursing homes that are identified in the application for the air pollution control permit or the license under s. 144.44 (4) 289.31 and that are located in the county in which the medical waste incinerator is located or in an adjacent county in this state.
(5) (intro.) Subsection (1g)
(2) does not apply to the issuance of an air pollution control permit or a license under s. 144.44 (4) 289.31 for the construction of a medical waste incinerator in a 4th class city if all of the following apply:
(6) Subsection (1g) (2) does not apply to the issuance of an air pollution control permit or a license under s. 144.44 (4) 289.31 for the modification of a medical waste incinerator in operation on May 14, 1992, if the modification is designed to allow the medical waste incinerator to achieve compliance with the federal clean air act or the department's rules concerning the emission of hazardous air contaminants and does not expand the medical waste incinerator's capacity.
227,506
Section 506
. 144.41 of the statutes is renumbered 285.73, and 285.73 (1) (a) and (e), (4) and (6), as renumbered, are amended to read:
285.73 (1) (a) Provides by ordinance for requirements compatible with, or stricter or more extensive than those imposed by ss. 144.30 to 144.426 this chapter and rules issued thereunder. Such ordinances shall supersede any existing local ordinances;
(e) Is approved by the department as adequate to meet the requirements of ss. 144.30 to 144.426 this chapter and any applicable rules pursuant thereto.
(4) (a) If the department has reason to believe that a program in force pursuant to this section is inadequate to prevent and control air pollution in the jurisdiction to which such program relates, or that such program is being administered in a manner inconsistent with the requirements of ss. 144.30 to 144.426 this chapter, the department shall, on due notice, conduct a hearing on the matter.
(b) If, after such hearing, the department determines that a program is inadequate to prevent and control air pollution in the county to which such program relates, or that such program is not accomplishing the purposes of ss. 144.30 to 144.426 this chapter, it shall require that necessary corrective measures be taken within a reasonable period of time, not to exceed 60 days.
(c) If the county fails to take such necessary corrective action within the time required, the department shall administer within such county all of the regulatory provisions of ss. 144.30 to 144.426 this chapter. Such air pollution control program shall supersede all county air pollution regulations, ordinances and requirements in the affected jurisdiction.
(6) Nothing in ss. 144.30 to 144.426 this chapter supersedes the jurisdiction of any county air pollution control program in operation on July 26, 1967, but any such program shall meet all requirements of ss. 144.30 to 144.426 this chapter for a county air pollution control program. Any approval required from the department shall be deemed granted unless the department takes specific action to the contrary.
227,507
Section 507
. 144.42 of the statutes, as affected by 1993 Wisconsin Act 288 and 1995 Wisconsin Act 137, is renumbered 285.30.
227,508
Section
508. 144.421 of the statutes is renumbered 285.57.
227,509
Section 509
. 144.422 (title), (1), (2), (2m), (2r), (3), (3e), (3m) and (4) of the statutes are renumbered 285.59 (title), (1), (2), (3), (4), (5), (6), (7) and (8), and 285.59 (2) (intro.) and (b), (5) (a) 2., (6), (7) and (8) (b) and (c), as renumbered, are amended to read:
285.59 (2) Salvaging refrigeration equipment. (intro.) After June 30, 1992, except as provided in sub. (2m) (3), no person, including a state agency, as defined in s. 234.75 (10), may perform salvaging or dismantling of mechanical vapor compression refrigeration equipment in the course of which ozone-depleting refrigerant is or may be released or removed unless the person certifies all of the following to the department:
