Section NR 408.08 - Additional conditions for approvalFor the department to approve a permit required or allowed under s. 285.60, Stats., and this chapter the following criteria shall be met:
(1) All major sources owned or operated by the owner or operator of the proposed source, or by any entity controlling, controlled by, or under common control with the owner or operator, in the state are subject to emission limitations and are in compliance, or on a schedule for compliance, with all applicable emissions limitations and standards under the Act and chs. NR 400 to 499.(2) By means of an analysis of alternative sites, sizes, production processes and environmental control techniques for proposed new or modified stationary source, the owner or operator of the proposed stationary source or modification can demonstrate to the satisfaction of the department that the benefits of the proposed source significantly outweigh the environmental and social costs imposed as a result of its location, construction or modification.(3) The administrator has not determined that the applicable implementation plan is not being adequately implemented for the nonattainment area in which the proposed stationary source or modification is to be constructed in accordance with the requirements of part D of title I of the Act (42 USC 7501 to 7515).Wis. Admin. Code Department of Natural Resources NR 408.08
Cr. Register, May, 1993, No. 449, eff. 6-1-93; am. (3), Register, December, 1996, No. 492, eff. 1-1-97; correction made under s. 13.93(2m) (b) 7, Stats., Register, December, 1996, No. 492.