Current through August 26, 2024
(1) ALTERNATIVE AUTHORITY. The owner or
operator of a NOx emissions source may submit a request to the department
requesting approval to establish an alternative site-specific emission
limitation to one or more of the requirements under s.
NR 428.04 or 428.05.
The owner or operator shall demonstrate that compliance with requirements under
s.
NR 428.04 or 428.05
are technologically or economically infeasible. Application for an alternative
to any emission limitation under this subchapter does not become effective
until approved by the department and the administrator as a site-specific SIP
revision and shall be subject to requirements under subs. (2) to (5).
(2) ALTERNATIVE CRITERIA. The department may
not approve an alternative site-specific emission limitation under sub. (1)
unless:
(a) The alternative will not delay
attainment or prevent maintenance of any ambient air quality standard, as
determined by methods acceptable to the department.
(b) The owner or operator of the air
contaminant source for which an alternative is requested demonstrates that all
other direct or portable sources that it owns or operates in the state are in
compliance with all applicable requirements under chs.
NR
400 to
499 or are on a schedule for
compliance with the requirements.
(c) The owner or operator submits to the
department information concerning the conditions or special circumstances that
demonstrate, to the department's satisfaction, that the applicable requirements
from which variance is sought are technologically or economically infeasible.
In addition, all of the following conditions are applicable:
1. The owner or operator shall submit
proposed emission limitations to the department in writing.
2. The responsible official shall sign the
request for alternatives on behalf of the owner or operator.
3. The owner or operator shall submit other
relevant information as required by the department.
(3) PROCEDURES FOR ISSUANCE OF
ALTERNATIVES. The department, in acting upon any request for an alternative
site-specific emission limitation under this section, shall do all of the
following:
(a) Act on requests for
alternatives within 3 months of the filing of a completed request.
(b) Offer, through public notice, the
opportunity for public comments including, where requested, a public
hearing.
(c) State in writing the
reasons for denying, granting, or for granting in modified form any
request.
(4) REVOCATION
AND MODIFICATION OF ALTERNATIVES. The department may, after notice and
opportunity for hearing, revoke or modify any alternative site-specific
emission limitation when any of the following occurs:
(a) Any term or condition of the alternative
has been violated.
(b) Changes in
ambient air quality indicate that the source has a significant adverse impact
as determined by methods acceptable to the department on the attainment or
maintenance of any ambient air quality standard.
(c) The owner or operator did not act in good
faith in demonstrating the technological or economic infeasibility of
compliance with the limitations or in submitting other relevant information in
support of the alternative request.
(5) EFFECTIVE DATE OF ALTERNATIVES. When the
department grants, modifies, or revokes a site-specific alternative to a
limitation that has been approved by the administrator as part of the SIP, the
alternative will not become effective until all of the following conditions
have been met:
(a) The department has
submitted the alternative to the administrator pursuant to applicable law,
including 42 USC
7410 and 40 CFR parts 51 and 52, and all such
requirements have been met.
(b) The
alternative has been approved by the administrator as a site-specific SIP
revision.
