(a) During the PAL effective period, the PAL permit shall be reopened to:
- (1) Correct typographical/calculation errors made in setting the PAL or reflect a more accurate determination of emissions used to establish the PAL;
- (2) Reduce the PAL if the owner or operator of the major stationary source creates creditable emissions reductions for use as offsets under 8 CAR § 43-305(b) – (k);
- (3) Revise the PAL to reflect an increase in the PAL as provided under 8 CAR § 43-712.
(b) The PAL permit may be reopened to:
- (1) Reduce the PAL to reflect newly applicable federal requirements (for example, NSPS) with compliance dates after the PAL effective date;
- (2) Reduce the PAL consistent with any other requirement that is enforceable as a practical matter and that the state may impose on the major stationary source under the plan;
- (3) Reduce the PAL if the reviewing authority determines that a reduction is necessary to avoid causing or contributing to a NAAQS or PSD increment violation, or to an adverse impact on an air quality related value that has been identified for a Federal Class I area by a Federal Land Manager and for which information is available to the general public.
- (c) Except for the permit reopening in subdivision (a)(1) of this section for the correction of typographical/calculation errors that do not increase the PAL level, all other reopenings shall be carried out in accordance with the public participation requirements of 8 CAR § 43-705.
Codification Notes: “NAAQS” means National Ambient Air Quality Standards. "NSPS" means New Source Performance Standards.