1. (a)

   1. (1) The reviewing authority shall follow the procedures specified in 8 CAR § 43-705 in approving any request to renew a PAL for a major stationary source and shall provide both the proposed PAL level and a written rationale for the proposed PAL level to the public for review and comment.
   2. (2) During such public review, any person may propose a PAL level for the source for consideration by the reviewing authority.

2. (b) Application deadline.

   1. (1)

      1. (A) A major stationary source owner or operator shall submit a timely application to the reviewing authority to request renewal of a PAL.
      2. (B) A timely application is one that is submitted at least six (6) months prior to, but not earlier than eighteen (18) months from, the date of permit expiration.
      3. (C) This deadline for application submittal is to ensure that the permit will not expire before the permit is renewed.
   2. (2) If the owner or operator of a major stationary source submits a complete application to renew the PAL within this time period, then the PAL shall continue to be effective until the revised permit with the renewed PAL is issued.

3. (c) Application requirements. The application to renew a PAL permit shall contain:

   1. (1) The information required in subdivisions (c)(2) – (5) of this section;
   2. (2) The information required in 8 CAR § 43-703(1) – (3);
   3. (3) A proposed PAL level;
   4. (4) The sum of the potential to emit of all emissions units under the PAL with supporting documentation; and
   5. (5) Any other information the owner or operator wishes the reviewing authority to consider in determining the appropriate level for renewing the PAL.

4. (d) PAL adjustment.

   1. (1)

      1. (A) In determining whether and how to adjust the PAL, the reviewing authority shall consider the options outlined in subdivisions (d)(2)(A) and (B) of this section.
      2. (B) However, in no case may any such adjustment fail to comply with subdivision (d)(2)(C) of this section.

   2. (2) If the emissions level calculated in accordance with 8 CAR § 43-706 is equal to or greater than eighty percent (80%) of the PAL level, the reviewing authority may:

      1. (A) Renew the PAL at the same level without considering the factors set forth in subdivision (d)(2)(B) of this section; or
      2. (B) Set the PAL at a level that it determines to be more representative of the source's baseline actual emissions, or that it determines to be appropriate considering:

5. (i) Air quality needs;

   1. (ii) Advances in control technology;

      1. (iii) Anticipated economic growth in the area;

         1. (iv) Desire to reward or encourage the source's voluntary emissions reductions; or
         2. (v) Other factors as specifically identified by the reviewing authority in its written rationale.

      2. (C) Notwithstanding subdivision (d)(2)(A) and (B) of this section, if the potential to emit of the major stationary source is less than the PAL, the reviewing authority shall:

         1. (i) Adjust the PAL to a level no greater than the potential to emit of the source; and
         2. (ii) Not approve a renewed PAL level higher than the current PAL, unless the major stationary source has complied with the provisions of 8 CAR § 43-712 (increasing a PAL).
6. (e) If the compliance date for a state or federal requirement that applies to the PAL source occurs during the PAL effective period, and if the reviewing authority has not already adjusted for such requirement, the PAL shall be adjusted at the time of PAL permit renewal or Title V permit renewal, whichever occurs first.

Codification Notes: “Title V” means Title V of the Clean Air Act, Pub. L. No. 101-549, which is codified at 42 U.S.C. § 7401 et seq.