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 NoteNote: 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. NR 405.18(2)(g)(g) “PAL regulated air contaminant” means the regulated NSR air contaminant for which a PAL is established at a major stationary source. NR 405.18(2)(h)(h) “Significant emissions unit” means an emissions unit that emits or has the potential to emit a PAL regulated air contaminant in an amount that is equal to or greater than the significant level, as defined in s. NR 405.02 (27) or in the Act, whichever is lower, for that PAL regulated air contaminant, but less than the amount that would qualify the unit as a major emissions unit. NR 405.18(2)(i)(i) “Small emissions unit” means an emissions unit that emits or has the potential to emit the PAL regulated air contaminant in an amount less than the significant level for that PAL regulated air contaminant, as defined in s. NR 405.02 (27) or in the Act, whichever is lower. NR 405.18(3)(3) Permit application requirements. As part of a permit application requesting a PAL, the owner or operator of a major stationary source shall submit all of the following information to the department for approval: NR 405.18(3)(a)(a) A list of all emissions units at the source designated as small, significant or major based on their potential to emit. In addition, the owner or operator of the source shall indicate which, if any, federal or state applicable requirements, emission limitations or work practices apply to each unit. NR 405.18(3)(b)(b) Calculations of the baseline actual emissions with supporting documentation. Baseline actual emissions shall include emissions associated not only with operation of the unit, but also emissions associated with startups, shutdowns and malfunctions. NR 405.18(3)(c)(c) The calculation procedures that the major stationary source owner or operator proposes to use to convert the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total for each month as required by sub. (13) (a). NR 405.18(4)(a)(a) The department may establish a PAL in a permit for a major stationary source if all of the following requirements are met: NR 405.18(4)(a)1.1. The PAL imposes an annual emission limitation in tons per year, that is enforceable as a practical matter, for the entire major stationary source. For each month during the PAL effective period after the first 12 months of establishing a PAL, the major stationary source owner or operator shall show that the sum of the monthly emissions from each emissions unit under the PAL for the previous 12 consecutive months is less than the PAL. For each month during the first 11 months from the PAL effective date, the major stationary source owner or operator shall show that the sum of the preceding monthly emissions from the PAL effective date for each emissions unit under the PAL is less than the PAL. NR 405.18(4)(a)2.2. The PAL is established in a PAL permit that meets the public participation requirements in sub. (5). NR 405.18(4)(a)4.4. The PAL includes fugitive emissions, to the extent quantifiable, from all emissions units that emit or have the potential to emit the PAL regulated air contaminant at the major stationary source. NR 405.18(4)(a)7.7. The owner or operator of the major stationary source with a PAL complies with the monitoring, recordkeeping and reporting requirements provided in subs. (12) to (14) for each emissions unit under the PAL through the PAL effective period. NR 405.18(4)(b)(b) At no time during or after the PAL effective period are emissions reductions of a PAL regulated air contaminant that occur during the PAL effective period creditable as decreases for purposes of offsets under ch. NR 408 unless the PAL is reduced by the amount of the emissions reductions and the reductions would be creditable in the absence of the PAL. NR 405.18(5)(5) Public participation requirements for PALs. PALs shall be established, renewed or increased, through a procedure that is consistent with s. NR 405.15. This includes the requirement that the department provide the public with notice of the proposed approval of a PAL permit and at least a 30-day period for submittal of public comment. The department shall address all material comments before taking final action on the permit. NR 405.18(6)(a)(a) The PAL level shall be established as the sum of the baseline actual emissions, as defined in s. NR 405.02 (2m), of the PAL regulated air contaminant for each emissions unit at the source; plus an amount equal to the applicable significant level for the PAL regulated air contaminant under s. NR 405.02 (27) or the Act, whichever is lower.