NR 425.05(3)(a) (a) Availability. An owner or operator of a source may request an extension to achieve compliance with the emission limitations of ss. NR 422.05 to 422.15 if the owner or operator demonstrates to the department’s satisfaction that it is technologically or economically infeasible for the source to achieve compliance with the applicable emission limitations as a result of the creation of this section which became effective on March 1, 1990. The department may grant a request and authorize the owner or operator, by order issued under s. 285.13 (2), Stats., to achieve compliance with the applicable emission limitation as expeditiously as practicable, but not later than March 1, 1993.

NR 425.05(3)(b) (b) Extension criteria. Authorization under par. (a) may not be granted unless the owner or operator had submitted a compliance plan for use of an internal offset under s. NR 425.04 (3) prior to March 1, 1990 and had maintained records to demonstrate compliance under that subsection. In addition, the owner or operator shall submit a proposed schedule which demonstrates reasonable progress towards, and contains a date for, achieving final compliance.

NR 425.05 Note Note: The reference to s. NR 425.04 (3) refers to that section as it existed prior to March 1, 1990. As of March 1, 1990, the internal offset requirements of this chapter were moved from s. NR 425.04 (3) to this section.

NR 425.05(3)(c) (c) Federal approval. Any compliance extension authorization under par. (a) may not become effective for federal purposes until it has met the following requirements:

NR 425.05(3)(c)1. 1. It has been submitted to the administrator pursuant to applicable law, including but not limited to 42 USC 7410 and 40 CFR parts 51 and 52, and all substantive requirements of the federal law have been met.

NR 425.05(3)(c)2. 2. It has been approved by the administrator or designee as a revision to the state implementation plan.

NR 425.05(4) (4) Enforceability. The emission limitations and conditions of any approval issued under this section are enforceable under s. 285.87, Stats.

NR 425.05 History History: Cr. Register, February, 1990, No. 410, eff. 3-1-90; reprinted to correct (1) (b) and (2) (b), Register, March, 1990, No. 411; correction in (2) (e) made under s. 13.93 (2m) (b) 5., Stats., Register, July, 1990, No. 415; am. (2) (a) 1., Register, May, 1992, No. 437, eff. 6-1-92; r. and recr. (1) (b) 2., am. (1) (c), Register, December, 1993, No. 456, eff. 1-1-94.; am. (1) (b) 2., (1) (d) 1., (2) (b) 2., (3) (c) 1., Register, February, 1995, No. 470, eff. 3-1-95.