NR 405.17(2)(d)3. 3. Impact any area where an applicable increment is known to be violated.

NR 405.17(2)(e) (e) All other applicable requirements including those for public participation have been met.

NR 405.17(3) (3) The department shall withdraw any approval to employ a system of innovative control technology made under this section, if any of the following occurs:

NR 405.17(3)(a) (a) The proposed system fails by the specified date in sub. (2) (b) to achieve the required continuous emissions reduction rate.

NR 405.17(3)(b) (b) The proposed system fails before the specified date in sub. (2) (b) so as to contribute to an unreasonable risk to public health, welfare, or safety.

NR 405.17(3)(c) (c) The department decides at any time that the proposed system is unlikely to achieve the required level of control or to protect the public health, welfare or safety.

NR 405.17(4) (4) If a major source or major modification fails to meet the required level of continuous emissions reduction within the specified time period, or if the approval is withdrawn in accordance with sub. (3), the department may allow the source of modification up to an additional 3 years to meet the requirement for the application of best available control technology through use of a demonstrated system of control.

NR 405.17 Note Note: The deadline for achieving the required continuous emissions reduction through innovative control technology in the federal regulations (not later than 4 years from the time of startup or 7 years from permit issuance) has been changed to no later than 3 years from time of startup or 6 years from the date of permit issuance in sub. (2) (b).

NR 405.17 History History: Cr. Register, January, 1987, No. 373, eff. 2-1-87; am. (2) (intro.), (d) (intro.), (3) (intro.), Register, December, 1996, No. 492, eff. 1-1-97.

NR 405.18 NR 405.18 Plant-wide applicability limitations (PALs).

NR 405.18(1) (1) Applicability.

NR 405.18(1)(a) (a) This section applies to any existing major stationary source which wishes to operate under a PAL. The department may approve the use of a PAL for any existing major stationary source if the source and its application for a PAL meets all of the requirements in this section.

NR 405.18(1)(b) (b) Any physical change in or change in the method of operation of a major stationary source that maintains its total source-wide emissions below the PAL level, meets the requirements in this section and complies with the PAL permit:

NR 405.18(1)(b)1. 1. Is not a major modification for the PAL regulated air contaminant.

NR 405.18(1)(b)2. 2. Does not have to be approved under this chapter.

NR 405.18(1)(b)3. 3. Is not subject to the provisions in s. NR 405.16 (2).

NR 405.18(1)(c) (c) Except as provided under par. (b) 3., a major stationary source shall continue to comply with all applicable federal or state requirements, emission limitations and work practice requirements that were established prior to the effective date of the PAL.

NR 405.18(2) (2) Definitions. The following definitions apply to terms used in this subsection for the purpose of developing and implementing PALs consistent with this section.

NR 405.18(2)(a) (a) “Allowable emissions” has the meaning given in s. NR 405.02 (2), except as this definition is modified according to both of the following:

NR 405.18(2)(a)1. 1. The allowable emissions for any emissions unit shall be calculated considering any emission limitations that are enforceable as a practical matter on the emissions unit’s potential to emit.

NR 405.18(2)(a)2. 2. An emissions unit’s potential to emit shall be determined using the definition in s. NR 405.02 (25), except that the words “or enforceable as a practical matter” should be added after “federally enforceable”.

NR 405.18(2)(b) (b) “Major emissions unit” means either of the following:

NR 405.18(2)(b)1. 1. Any emissions unit that emits or has the potential to emit 100 tons per year or more of the PAL regulated air contaminant in an attainment area.

NR 405.18(2)(b)2. 2. Any emissions unit that emits or has the potential to emit the PAL regulated air contaminant in an amount that is equal to or greater than the major source threshold for the PAL regulated air contaminant as defined by the Act for nonattainment areas.

NR 405.18 Note Note: In accordance with the definition of major stationary source in section 182 (c) of the Act, an emissions unit would be a major emissions unit for VOC if the emissions unit is located in a serious ozone nonattainment area and it emits or has the potential to emit 50 or more tons of VOC per year.

NR 405.18(2)(c) (c) “PAL effective date” means the date of issuance of the PAL permit except that, in the case of an increased PAL, “PAL effective date” means the date any emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL regulated air contaminant.

NR 405.18(2)(d) (d) “PAL effective period” means the period beginning with the PAL effective date and ending 10 years later.

NR 405.18(2)(e) (e) “PAL major modification” means, notwithstanding s. NR 405.02 (21) and (24), any physical change in or change in the method of operation of the PAL source that causes it to emit the PAL regulated air contaminant at a level equal to or greater than the PAL.

NR 405.18(2)(f) (f) “PAL permit” means the construction permit issued by the department that establishes a PAL for a major stationary source.