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)(4)General requirements for establishing PALs.
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)3.3. The PAL permit contains all the requirements of sub. (7).
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)5.5. The PAL shall regulate emissions of only one air contaminant.
NR 405.18(4)(a)6.6. The PAL has a PAL effective period of 10 years.
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)(a)8.8. The department determines that the requirements of s. 285.63, Stats., and, if applicable, s. 285.64, Stats., are met.
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)(6)Setting the 10-year PAL level.
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.
NR 405.18(6)(b)(b) When establishing the PAL level, only one consecutive 24-month period may be used to determine the baseline actual emissions for all existing emissions units for each PAL regulated air contaminant.
NR 405.18(6)(c)(c) A different consecutive 24-month period may be used for each different PAL regulated air contaminant.
NR 405.18(6)(d)(d) Emissions associated with units that were permanently shut down after the 24-month period established under par. (b) shall be subtracted from the PAL level.
NR 405.18(6)(e)(e) For newly constructed units, which do not include modifications to existing units, on which actual construction began after the 24-month period, in lieu of adding the baseline actual emissions established under par. (b), the emissions shall be added to the PAL level in an amount equal to the potential to emit of the units.
NR 405.18(6)(f)(f) The department shall specify a reduced PAL level in the PAL permit to become effective on the future compliance date of any applicable federal or state regulatory requirements that the department is aware of prior to issuance of the PAL permit.
NR 405.18 NoteNote: If the source owner or operator will be required to reduce emissions from industrial boilers in half from baseline emissions of 60 ppm NOX to a new rule limit of 30 ppm, the permit shall contain a future effective PAL level that is equal to the current PAL level reduced by half of the original baseline emissions of the unit.
NR 405.18(7)(7)Contents of the PAL permit. The PAL permit shall contain all of the following information:
NR 405.18(7)(a)(a) The PAL regulated air contaminant and the corresponding plant-wide emission limitation in tons per year.
NR 405.18(7)(b)(b) The PAL effective date and the expiration date of the PAL.
NR 405.18(7)(c)(c) A specification that if the owner or operator applies to renew a PAL in accordance with sub. (10) before the end of the PAL effective period, the PAL does not expire at the end of the PAL effective period, but shall remain in effect until a revised PAL permit is issued by the department.
NR 405.18(7)(d)(d) A requirement that emission calculations for compliance purposes include emissions from startups, shutdowns and malfunctions.