NR 405.17(1) (1) An owner or operator of a proposed major stationary source or major modification may request the department to approve a system of innovative control technology.

NR 405.17(2) (2) The department may, with the consent of the governor of any other affected state, determine that the major source or major modification may employ a system of innovative control technology if all of the following conditions are met:

NR 405.17(2)(a) (a) The proposed control system would not cause or contribute to an unreasonable risk to public health, welfare, or safety in its operation or function.

NR 405.17(2)(b) (b) The owner or operator agrees to achieve a level of continuous emissions reduction equivalent to that which would have been required under s. NR 405.08 (2) no later than 3 years from the time of start-up or 6 years from the date of permit issuance.

NR 405.17(2)(c) (c) The source or modification would meet the requirements equivalent to those in ss. NR 405.08 and 405.09 based on the emissions rate that the stationary source employing the system of innovative control technology would be required to meet on the date specified in par. (b).

NR 405.17(2)(d) (d) The major source or major modification would not before the date specified do any of the following:

NR 405.17(2)(d)1. 1. Cause or contribute to any violation of an applicable national ambient air quality standard.

NR 405.17(2)(d)2. 2. Impact any Class I area.

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”.