Section 204.1860  Renewal of a PAL

a)         The Agency shall follow the procedures specified in Section 204.1810 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.  During such public review, any person may propose a PAL level for the source for consideration by the Agency.

b)         Application Deadline.  A major stationary source owner or operator shall submit a timely application to the Agency to request renewal of a PAL.  A timely application is one that is submitted at least 6 months before, but not earlier than 18 months before, the date of permit expiration.  This deadline for application submittal is to ensure that the permit will not expire before the permit is renewed.  If the owner or operator of a major stationary source submits a complete application to renew the PAL within this time period, the PAL shall continue to be effective until the revised permit with the renewed PAL is issued.

c)         Application Requirements.  The application to renew a PAL permit shall contain:

1)         The information required in Section 204.1790.

2)         A proposed PAL level.

3)         The sum of the potential to emit of all emissions units under the PAL (with supporting documentation).

4)         Any other information the owner or operator wishes the Agency to consider in determining the appropriate level for renewing the PAL.

d)         PAL Adjustment.  In determining whether and how to adjust the PAL, the Agency shall consider the options outlined in subsections (d)(1) and (d)(2).  However, in no case may any such adjustment fail to comply with subsection (d)(3).

1)         If the emissions level calculated in accordance with Section 204.1820 is equal to or greater than 80 percent of the PAL level, the Agency may renew the PAL at the same level without considering the factors set forth in subsection (d)(2); or

2)         The Agency may 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 more appropriate considering air quality needs, advances in control technology, anticipated economic growth in the area, desire to reward or encourage the source's voluntary emissions reductions, or other factors as specifically identified by the Agency in its written rationale.

3)         Notwithstanding subsection (d)(1):

A)        If the potential to emit of the major stationary source is less than the PAL, the Agency shall adjust the PAL to a level no greater than the potential to emit of the source; and

B)        The Agency shall not approve a renewed PAL level higher than the current PAL, unless the major stationary source has complied with the provisions of Section 204.1870 (increasing a PAL).

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 Agency has not already adjusted for that requirement, the PAL shall be adjusted at the time of PAL permit renewal or CAAPP permit renewal, whichever occurs first.