RECEIVED
CLERK'S OFFICE
OCT 0 4 2005
STATE OF ILLINOIS
Pollution Control Board
OFFICE OFTHE SECRETARY OF STATE
JESSE WHITE
.
Secretary of State
09/30/2005
POLLUTION CONTROL BOARD
100 West Randolph 11-500
Dorothy Gunn
CHICAGO, IL 606010601
Dear Dorothy Gunn
Your rules Listed below met our codification standards and have been published in
Volume 29, Issue 41 of the Illinois Register, dated 10/07/2005 .
PROPOSED RULES
Permits and General Provisions
35 111. Adm . Code 201
Page 14738
Point Of Contact:Erin Conley
If you have any questions, you may contact the Administrative Code Division at
(217) 782 - 7017
.
Index Department -Administrative Code Division
- 111 East Monroe Springfield, IL 62756
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
1)
Heading of the Part
: Permits and General Provisions
2)
Code citation :
35 111. Adm. Code 201
3)
Section Numbers
:
Proposed Action
:
201.146
Amend
4)
Statutory authority : Implementing Sections 10, 39, and 39 .5 and authorized by Section
27 of the Environmental Protection Act [415 ILCS 5/10, 27, 39, and 39 .5]
5)
A complete description of the subjects and issues involved :
A more complete description of this rulemaking can be found in the Board's September
15, 2005 opinion and order in Board docket R05-19. This rulemaking proposes to add
four categories to the existing list of exemptions from state air permit requirements in
Section 201.146. The purpose of this rulemaking is to eliminate permitting delays for
minor projects having little environmental or regulatory impact . The four proposed
exemptions are as follows
:
Exemption for replacing or adding air pollution control equipment at existing emission
units. The proposed exemption would only apply to existing units, which are permitted
and have operated in compliance for the past year . The new pollution control equipment
must maintain or improve air pollution control over the prior levels of target pollutants,
and not result in a net increase in emissions of any collateral pollutant . This exemption
would not apply if the installation or operation of the new or replacement pollution
controls would trigger or change applicability of different regulatory requirements
.
Finally, required monitoring equipment must be carried over to the replacement control
device and must incorporate current technology
.
Exemption for sources with federally enforceable state operating permits (FESOP) having
a low potential to emit . This provision would affect some projects at FESOP sources that
do not fit under any of the existing listed exemptions under Section 201 .146 and that are
still insignificant from a permitting standpoint. Under this second exemption, permits
would be unnecessary for projects at minor FESOP sources with a low potential to emit
(less than 0.1 pound per hour or 0.44 tons per year) any regulated air pollutant absent air
pollution equipment from the new or modified unit that have no outstanding compliance
or enforcement issues. Also, raw materials and fuels that cause or contribute to emissions
must not contain a hazardous air pollutant equal to or greater than 0 .01 percent by weight
.
Further, this exemption is not available to a source that must meet New Source
14ECEIVED
SEP 2 0 2005
iOS-CODE DIV.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
Performance Standards and New Source Review requirements under the Clean Air Act or
if outstanding compliance or enforcement issues exist
.
Exemption for minor sources that are not CAAPPs or FESOPs
.
This third exemption
would be limited to sources with the low potential to emit any regulated air pollutant
absent air pollution equipment from the new or modified unit that have no outstanding
compliance or enforcement issues. This exemption would be available for minor sources
that have a slightly greater potential to emit (up to 0 .5 pounds per hour), so long as the
facility notifies the Agency of its intent to construct or install a new emissions unit or
modification. Only after notification can the facility begin construction, installation, or
modification. This provision would require permitting if the additional emissions from
the project could change the sources' status with respect to its potential to emit. This
exemption is also not available to a source that must meet New Source Performance
Standards and New Source Review requirements under the Clean Air Act .
Insignificant activities exemption . The proposal would create a list of permit exempt
insignificant activities similar to those for Clean Air Act Permit Program sources . See 35
Ill. Adm. Code 201.210 through 210.211 . Owners or operators must notify the Agency
when they add insignificant activities . Facilities must still comply with otherwise
applicable emission standards or other regulatory requirements
.
Will these proposed rules replace emergency rules currently in effect?
: No
Does this rulemaking contain an automatic repeal date?
: No
Do these proposed rules contain incorporations by reference? :No
Are there any other amendments pending on this Part?
Yes, the Board has proposed
amendments to Section 202 .146 in another docket, R05-20, which is also proposed for
first notice in this issue of the Illinois Register
.
10)
Statement of statewide policy objectives
:
The proposed amendments do not create or expand a State mandate as defined in Section
3 of the State Mandates Act [30 ILCS 805]
.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
11)
Time, place and manner in which interested persons may comment on this proposed
rulemaking :
The Board will accept written public comment on this proposal for a period of 45 days
after the date of this publication. Comments should reference Docket R05-19 and be
addressed to :
Ms. Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
State of Illinois Center, Suite 11-500
100 W. Randolph St .
Chicago, IL 60601
Address all questions to Amy Antoniolli at 312-814-3665, or email at
antonioa@ipcb.state.il .us .
Request copies of the Board's opinion and order at 312-814-3620, or download a copy
from the Board's Website at http
:\\www.ipcb.state .il.us .
12)
Initial regulatory flexibility analysis
:
A)
Types of small businesses, small municipalities, and not-for-profit corporations
affected :
This rulemaking will impact any small businesses, small municipalities, and not-
for-profit corporations that would qualify under these proposed exemptions .
B)
Reporting, bookkeeping or other procedures required for compliance
:
This rulemaking does not impose additional recordkeeping requirements .
C)
Types of professional skills necessary for compliance :
None
13)
Regulatory Agenda on which this rulemaking was summarized
This proposal appears in the Board's July 2005 regulatory agenda
.
The full text of the Proposed Amendments begins on the next page :
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I : POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 201
PERMITS AND GENERAL PROVISIONS
SUBPART A : DEFINITIONS
Section
201 .101
Other Definitions
201 .102
Definitions
201 .103
Abbreviations and Units
201 .104
Incorporations by Reference
SUBPART B: GENERAL PROVISIONS
Section
201 .121
Existence of Permit No Defense
201.122
Proof of Emissions
201.123
Burden of Persuasion Regarding Exceptions
201 .124
Annual Report
201 .125
Severability
201 .126
Repealer
SUBPART C: PROHIBITIONS
Section
201 .141
Prohibition of Air Pollution
201 .142
Construction Permit Required
201 .143
Operating Permits for New Sources
201.144
Operating Permits for Existing Sources
201.146
Exemptions from State Permit Requirements
201.147
Former Permits
201 .148
Operation Without Compliance Program and Project Completion Schedule
201 .149
Operation During Malfunction, Breakdown or Startups
201.150
Circumvention
201 .151
Design of Effluent Exhaust Systems
SUBPART D: PERMIT APPLICATIONS AND REVIEW PROCESS
Section
201.152
Contents of Application for Construction Permit
201 .153
Incomplete Applications (Repealed)
201 .154
Signatures (Repealed)
201 .155
Standards for Issuance (Repealed)
201 .156
Conditions
201 .157
Contents of Application for Operating Permit
201 .158
Incomplete Applications
201.159
Signatures
201.160
Standards for Issuance
201.161
Conditions
201 .162
Duration
201 .163
Joint Construction and Operating Permits
201 .164
Design Criteria
201 .165
Hearings
201 .166
Revocation
201 .167
Revisions to Permits
201 .168
Appeals from Conditions
201 .169
Special Provisions for Certain Operating Permits
201 .170
Portable Emission Units
SUBPART E: SPECIAL PROVISIONS FOR OPERATING PERMITS FOR CERTAIN
SMALLER SOURCES
Section
201.180
Applicability (Repealed)
201 .181
Expiration and Renewal (Repealed)
201 .187
Requirement for a Revised Permit (Repealed)
SUBPART F: CAAPP PERMITS
Section
201 .207
Applicability
201 .208
Supplemental Information
201.209
Emissions of Hazardous Air Pollutants
201.210
Categories of Insignificant Activities or Emission Levels
201.211
Application for Classification as an Insignificant Activity
201.212
Revisions to Lists of Insignificant Activities or Emission Levels
SUBPART G: EXPERIMENTAL PERMITS
(Reserved)
SUBPART H: COMPLIANCE PROGRAMS AND PROJECT COMPLETION SCHEDULES
Section
201.241
Contents of Compliance Program
201.242
Contents of Project Completion Schedule
201.243
Standards for Approval
201 .244
Revisions
201 .245
Effects of Approval
201 .246
Records and Reports
201 .247
Submission and Approval Dates
SUBPART 1: MALFUNCTIONS, BREAKDOWNS OR STARTUPS
Section
201 .261
Contents of Request for Permission to Operate During a Malfunction, Breakdown
or Startup
201 .262
Standards for Granting Permission to Operate During a Malfunction, Breakdown
or Startup
201.263
Records and Reports
201.264
Continued Operation or Startup Prior to Granting of Operating Permit
201 .265
Effect of Granting of Permission to Operate During a Malfunction, Breakdown or
Startup
SUBPART J: MONITORING AND TESTING
Section
201.281
Permit Monitoring Equipment Requirements
201 .282
Testing
201 .283
Records and Reports
SUBPART K: RECORDS AND REPORTS
Section
201 .301
Records
201 .302
Reports
SUBPART L: CONTINUOUS MONITORING
Section
201 .401
Continuous Monitoring Requirements
201 .402
Alternative Monitoring
201.403
Exempt Sources
201 .404
Monitoring System Malfunction
201 .405
Excess Emission Reporting
201.406
Data Reduction
201.407
Retention of Information
201 .408
Compliance Schedules
Appendix A
Rule into Section Table
Appendix B
Section into Rule Table
Appendix C
Past Compliance Dates
AUTHORITY: Implementing Sections 10, 39, and 39 .5 and authorized by Section 27 of the
Environmental Protection Act [415 ILCS 5/10, 27, 39, and 39 .5]
.
SOURCE: Adopted as Chapter 2: Air Pollution, Part I: General Provisions, in R71-23, 4 PCB
191, filed and effective April 14, 1972; amended in R78-3 and 4, 35 PCB 75 and 243, at 3 Ill .
Reg.30, p. 124, effective July 28, 1979; amended in R80-5, at 7 111 . Reg. 1244, effective January
21, 1983 ; codified at 7 Ill. Reg. 13579; amended in R82-1 (Docket A) at 10111
.Reg . 12628,
effective July 7, 1986; amended in R87-38 at 13 111. Reg. 2066, effective February 3, 1989 ;
amended in R89-7(A) at 13 111 . Reg. 19444, effective December 5, 1989 ; amended in R89-7(B)
at 15 111. Reg. 17710, effective November 26, 1991 ; amended in R93-11 at 17 Ill. Reg. 21483,
effective December 7, 1993 ; amended in R94-12 at 18 111 . Reg. 15002, effective September 21,
1994; amended in R94-14 at 18 111. Reg. 15760, effective October 17, 1994; amended in R96-17
at 21 111. Reg. 7878, effective June 17, 1997 ; amended in R98-13 at 22 Ill . Reg. 11451,
effective
June 23, 1998; amended in R98-28 at 22 Ill. Reg. 11823, effective July 31, 1998 ; amended in
R05-20 at 29 Ill. Reg . , effective ; amended in R05-19 at 29111. Reg.
, effective
SUBPARTC
: PROHIBITIONS
Section 201 .146
Exemptions from State Permit Requirements
Construction or operating permits, pursuant to Sections 201 .142, 201 .143 and 201 .144 of this
Part, are not required for the classes of equipment and activities listed below in this Section . The
permitting exemptions in this Section do not relieve the owner or operator of any source from
any obligation to comply with any other applicable requirements, including the obligation to
obtain a permit pursuant to Sections 9.1(d) and 39.5 of the Act, Sections 165, 173 and 502 of the
Clean Air Act or any other applicable permit or registration requirements
.
a)
Air contaminant detectors or recorders, combustion controllers or combustion
shutoffs ;
b)
Air conditioning or ventilating equipment not designed to remove air
contaminants generated by or released from associated equipment ;
c)
Each fuel burning emission unit for indirect systems and for heating and reheating
furnace systems used exclusively for residential, or commercial establishments
using gas and/or fuel oil exclusively with a design heat input capacity of less than
14.6 MW (50 mmbtu/hr), except that a permit shall be required for any such
emission unit with a design heat input capacity of at least 10 mmbtu/hr that was
constructed, reconstructed or modified after June 9, 1989 and that is subject to 40
CFR 60, Subpart D ;
d)
Each fuel burning emission unit other than those listed in subsection (c) of this
Section for direct systems used for comfort heating purposes and indirect heating
systems with a design heat input capacity of less than 2930 kW (10 mmbtu/hr) ;
e) Internal combustion engines or boilers (including the fuel system) of motor vehicles,
0
g)
locomotives, air craft, watercraft, lifttrucks and other vehicles powered by nonroad
engines ;
Bench scale laboratory equipment and laboratory equipment used exclusively for
chemical and physical analysis, including associated laboratory fume hoods,
vacuum producing devices and control devices installed primarily to address
potential accidental releases ;
Coating operations located at a source using not in excess of 18,925 1 (5,000 gal)
of coating (including thinner) per year ;
h)
Any emission unit acquired exclusively for domestic use, except that a permit
shall be required for any incinerator and for any fuel combustion emission unit
using solid fuel with a design heat input capacity of 14 .6 MW (50 mmbtu/hr) or
more ;
i)
Any stationary internal combustion engine with a rated power output of less than
1118 kW (1500 horsepower), except that a permit shall be required for any
stationary gas turbine engine with a rated heat input at peak load of 10.7
gigajoules/hr (10 mmbtu/hr) or more that is constructed, reconstructed or
modified after October 3, 1977 and that is subject to requirements of 40 CFR 60,
Subpart GG ;
j)
Rest room facilities and associated cleanup operations, and stacks or vents used to
prevent the escape of sewer gases through plumbing traps
;
k)
Safety devices designed to protect life and limb, provided that a permit is not
otherwise required for the emission unit with which the safety device is
associated ;
1)
Storage tanks for liquids for retail dispensing except for storage tanks that are
subject to the requirements of 35 Ill. Adm. Code 215.583(a)(2), 218.583(a)(2) or
219.583(a)(2)
;
m)
Printing operations with aggregate organic solvent usage that never exceeds 2,839
1 (750 gal) per year from all printing lines at the source, including organic solvent
from inks, dilutents, fountain solutions and cleaning materials
;
n)
Storage tanks of:
I)
Organic liquids with a capacity of less than 37,8501 (10,000 gal),
provided the storage tank is not used to store any material listed as a
hazardous air pollutant pursuant to Section 112(b) of the Clean Air Act,
and provided the storage tank is not subject to the requirements of 35 111
.
Adm. Code 215 .583(a)(2), 218 .583(a)(2) or 219 .583(a)(2) ;
p)
q)
2)
Any size containing exclusively soaps, detergents, surfactants, waxes,
glycerin, vegetable oils, greases, animal fats, sweetener, corn syrup,
aqueous salt solutions or aqueous caustic solutions, provided an organic
solvent has not been mixed with such materials; or
3)
Any size containing virgin or re-refined distillate oil, hydrocarbon
condensate from natural gas pipeline or storage systems, lubricating oil or
residual fuel oils .
o)
Threaded pipe connections, vessel manways, flanges, valves, pump seals, pressure
relief valves, pressure relief devices and pumps ;
Sampling connections used exclusively to withdraw materials for testing and
analyses ;
All storage tanks of Illinois crude oil with capacity of less than
151,400 1 (40,000
gal) located on oil field sites ;
r)
All organic material-water single or multiple compartment effluent water
separator facilities for Illinois crude oil of vapor pressure of less than
34.5
kPa
absolute (5 psia)
;
s)
Grain-handling operations, exclusive of grain-drying operations, with an annual
grain through-put not exceeding 300,000 bushels
;
t)
Grain-drying operations with a total grain-drying capacity not exceeding
750
bushels per hour for 5% moisture extraction at manufacturer's rated capacity,
using the American Society of Agricultural Engineers Standard
248 .2,
Section 9,
Basis for Stating Drying Capacity of Batch and Continuous-Flow Grain Dryers
;
u)
Portable grain-handling equipment and one-turn storage space ;
v)
Cold cleaning degreasers that are not in-line cleaning machines, where the vapor
pressure of the solvents used never exceeds
2
kPa
(15
mmHg or
0 .3
psi) measured
at 38°C (100°F) or 0.7 kPa (5 mmHg or 0.1 psi) at
20°C
(68°F) ;
w)
Coin-operated dry cleaning operations ;
x)
Dry cleaning operations at a source that consume less than 30 gallons per month
of perchloroethylene ;
y)
Brazing, soldering, wave soldering or welding equipment, including associated
ventilation hoods ;
z)
Cafeterias, kitchens, and other similar facilities, including smokehouses, used for
preparing food or beverages, but not including facilities used in the manufacturing
and wholesale distribution of food, beverages, food or beverage products, or food
or beverage components
;
aa)
Equipment for carving, cutting, routing, turning, drilling, machining, sawing,
surface grinding, sanding, planing, buffing, sand blast cleaning; shot blasting, shot
peening, or polishing ceramic artwork, leather, metals (other than beryllium),
plastics, concrete, rubber, paper stock, wood or wood products, where such
equipment is either
:
1)
Used for maintenance activity;
2)
Manually operated ;
3)
Exhausted inside a building; or
4)
Vented externally with emissions controlled by an appropriately operated
cyclonic inertial separator (cyclone), filter, electro-static precipitor or a
scrubber .
bb)
Feed mills that produce no more than 10,000 tons of feed per calendar year,
provided that a permit is not otherwise required for the source pursuant to Section
201.142, 201 .143 or 201 .144 ;
cc)
Extruders used for the extrusion of metals, minerals, plastics, rubber or wood,
excluding :
1)
Extruders used in the manufacture of polymers ;
2)
Extruders using foaming agents or release agents that contain volatile
organic materials or Class I or II substances subject to the requirements of
Title VI of the Clean Air Act ; and
3)
Extruders processing scrap material that was produced using foaming
agents containing volatile organic materials or Class I or II substances
subject to the requirements of Title VI of the Clean Air Act .
dd)
Furnaces used for melting metals, other than beryllium, with a brim full capacity
of less than 450 cubic inches by volume ;
ee)
Equipment used for the melting or application of less than 22,767 kg/yr (50,000
lbs/yr) of wax to which no organic solvent has been added
;
ff)
Equipment used for filling drums, pails or other packaging containers, excluding
aerosol cans, with soaps, detergents, surfactants, lubricating oils, waxes, vegetable
oils, greases, animal fats, glycerin, sweeteners, corn syrup, aqueous salt solutions
or aqueous caustic solutions, provided an organic solvent has not been mixed with
gg)
ii)
such materials ;
Loading and unloading systems for railcars, tank trucks, or watercraft that handle
only the following liquid materials : soaps, detergents, surfactants, lubricating oils,
waxes, glycerin, vegetable oils, greases, animal fats, sweetener, corn syrup,
aqueous salt solutions or aqueous caustic solutions, provided an organic solvent
has not been mixed with such materials
;
hh)
Equipment used for the mixing and blending of materials at ambient temperatures
to make water based adhesives, provided each material mixed or blended contains
less than
5%
organic solvent by weight ;
ii)
Die casting machines where a metal or plastic is formed under pressure in a die
located at a source with a throughput of less than
2,000,000
lbs of metal or plastic
per year, in the aggregate, from all die casting machines
;
Air pollution control devices used exclusively with other equipment that is
exempt from permitting, as provided in this Section ;
kk)
An emission unit for which a registration system designed to identify sources and
emission units subject to emission control requirements is in place, such as the
registration system found at
35 Ill
.
Adm. Code
218.586
(Gasoline Dispensing
Operations - Motor Vehicle Fueling Operations) and
35 Ill
.
Adm. Code
218,
Subpart HH (Motor Vehicle Refinishing)
;
11)
Photographic process equipment by which an image is reproduced upon material
sensitized to radiant energy ;
mm)
Equipment used for hydraulic or hydrostatic testing ;
nn)
General vehicle maintenance and servicing activities conducted at a source, motor
vehicle repair shops, and motor vehicle body shops, but not including
:
1)
Gasoline fuel handling; and
2)
Motor vehicle refinishing .
oo)
Equipment using water, water and soap or detergent, or a suspension of abrasives
in water for purposes of cleaning or finishing, provided no organic solvent has
been added to the water ;
Administrative activities including, but not limited to, paper shredding, copying,
photographic activities and blueprinting machines . This does not include
incinerators ;
pp)
qq)
Laundry dryers, extractors, and tumblers processing that have been cleaned with
water solutions of bleach or detergents that are
:
1)
Located at a source and process clothing, bedding and other fabric items
used at the source, provided that any organic solvent present in such items
before processing that is retained from cleanup operations shall be
addressed as part of the VOM emissions from use of cleaning materials
;
2)
Located at a commercial laundry ; or
3)
Coin operated .
rr)
Housekeeping activities for cleaning purposes, including collecting spilled and
accumulated materials, including operation of fixed vacuum cleaning systems
specifically for such purposes, but not including use of cleaning materials that
contain organic solvent
;
ss)
Refrigeration systems, including storage tanks used in refrigeration systems, but
excluding any combustion equipment associated with such systems ;
tt)
Activities associated with the construction, on-site repair, maintenance or
dismantlement of buildings, utility lines, pipelines, wells, excavations, earthworks
and other structures that do not constitute emission units
;
uu)
Piping and storage systems for natural gas, propane and liquefied petroleum gas
;
vv)
Water treatment or storage systems, as follows
:
1)
Systems for potable water or boiler feedwater
;
2)
Systems, including cooling towers, for process water, provided that such
water has not been in direct or indirect contact with process streams that
contain volatile organic material or materials listed as hazardous air
pollutants pursuant to Section 112(b) of the Clean Air Act
.
ww)
Lawn care, landscape maintenance and grounds keeping activities;
xx)
Containers, reservoirs or tanks used exclusively in dipping operations to coat
objects with oils, waxes or greases, provided no organic solvent has been mixed
with such materials ;
yy)
Use of consumer products, including hazardous substances as that term is defined
in the Federal Hazardous Substances Act (15 U .S.C. 1261 et seq.), where the
product is used at a source in the same manner as normal consumer use
;
zz)
Activities directly used in the diagnosis and treatment of disease, injury or other
medical condition ;
aaa)
Activities associated with the construction, repair or maintenance of roads or
other paved or open areas, including operation of street sweepers, vacuum trucks,
spray trucks and other vehicles related to the control of fugitive emissions of such
roads or other areas ;
bbb) Storage and handling of drums or other transportable containers, where the
containers are sealed during storage and handling ;
ccc) Activities at a source associated with the maintenance, repair or dismantlement of
an emission unit or other equipment installed at the source, not including the
shutdown of the unit or equipment, including preparation for maintenance, repair
or dismantlement, and preparation for subsequent startup, including preparation of
a shutdown vessel for entry, replacement of insulation, welding and cutting, and
steam purging of a vessel prior to startup
;
ddd) Equipment used for corona arc discharge surface treatment of plastic with a power
rating of 5 kW or less or equipped with an ozone destruction device
;
eee)
Equipment used to seal or cut plastic bags for commercial, industrial or domestic
use ;
fff)
Each direct-fired gas dryer used for a washing, cleaning, coating or printing line,
excluding :
1)
Dryers with a rated heat input capacity of 2930 kW (10 mmbtu/hr) or
more; and
2)
Dryers for which emissions other than those attributable to combustion of
fuel in the dryer, including emissions attributable to use or application of
cleaning agents, washing materials, coatings or inks or other process
materials that contain volatile organic material are not addressed as part of
the permitting of such line, if a permit is otherwise required for the line
;
aftd
ggg)
Municipal solid waste landfills with a maximum total design capacity of less than
2.5 million Mg or 2 .5 million m3 that are not required to install a gas collection
and control system pursuant to 35 Ill . Adm. Code 220 or 800 through 849 or
Section 9.1 of the Act, and:
hhh)
Replacement or addition of air pollution control equipment for existing emission
units in circumstances where
:
1~
The existing emission unit is permitted and has operated in compliance for
the past year ;
Ail
2)
The new control equipment will provide equal or better control of the
target pollutants;
3)
The new control device will not be accompanied by a net increase in
emissions of any non-targeted criteria air pollutant
;
4)
Different State or Federal regulatory requirements or newlvpronosed
regulatory requirements will not apply to the unit ; (Board Note: All
sources must comply with underlying Federal regulations and future State
regulations.) and
5)
Where the existing air pollution control equipment had required
monitoring equipment, the new air pollution control equipment will be
equipped with the instrumentation and monitoring devices that are
typically installed on the new equipment of such type. (Board note: For
major sources subject to Section 39 .5 of the Act, where the new air
pollution control equipment will require a different compliance
determination method in the facility's CAAPP permit, the facility may
peed a permit modification to address the changed compliance
determination method .)
Replacement, addition, or modification of emission units at facilities with
federally enforceable state operating permits limiting their potential to emit in
circumstances where
:
1)
The potential to emit of any regulated air pollutant in the absence of air
pollution control equipment from the new emission unit, or the increase in
the potential to emit resulting from the modification of any existing
emission unit, is less than 0.1 pound per hour or 0.44 tons per Year,
2)
The raw materials and fuels used or present in the emission unit that cause
or contribute to emissions, based on the information contained in Material
Safety Data Sheets for those materials, do not contain equal to or greater
than 0.01 percent by weight of any hazardous air pollutant as defined
under Section 112(b) of the federal Clean Air Act
;
3)
The emission unit or modification is not subject to an emission standard or
other regulatory requirement pursuant to Section 111 of the federal Clean
Air Act
4)
Potential emissions of regulated air pollutants from the emission unit or
modification will not, in combination with emissions from existing units
or other proposed units, trigger permitting requirements under Section
39.5, permitting requirements under Sections 165 or 173 of the federal
Clean Air Act, or the requirement to obtain a revised federally enforceable
state operating permit limiting the source's potential to emit: and
5)
The source is not currently the subject of a Non-compliance Advisory,
Clean Air Act Section 114 Request, Violation Notice, Notice of Violation,
Compliance Commitment Agreement, Administrative Order, or civil or
criminal enforcement action, related to the air emissions of the source
.
Replacement, addition, or modification of emission units at permitted sources that
are not major sources subject to Section 39 .5 and that do not have a federally
enforceable state operating permit limiting their potential to emit, in
circumstances where :
1)
The potential to emit of any regulated air pollutant in the absence of air
pollution control equipment from the new emission unit, or the increase in
the potential to emit resulting from the modification of any existing
emission unit is either :
al
Less than 0.1 pound per hour or 0 .44 tons per year ; or
121
Less than 0.5 pound per hour, and the Permittee provides prior
notification to the Agency of the intent to construct or install the
unit. The unit may be constructed, installed or modified
immediately after the notification is filed,
2)
The emission unit or modification is not subject to an emission standard or
other regulatory requirement under Section 111 or 112 of the federal
Clean Air Act;
3)
Potential emissions of regulated air pollutants from the emission unit or
modification will not, in combination with the emissions from existing
units or other proposed units, trigger permitting requirements under
Section 39.5 or the requirement to obtain a federally enforceable permit
limiting the source's potential to emit; and
4)
The source is not currently the subject of a Non-compliance Advisory,
Clean Air Act Section 114 Request, Violation Notice, Notice of Violation,
Compliance Commitment Agreement, Administrative Order, or civil or
criminal enforcement action, related to the air emissions of the source
.
The owner or operator of a CAAPP source is not required to obtain an air
pollution control construction permit for the construction or modification of an
emission unit or activity that is an insignificant activity as addressed by Section
201 .210 or 201 .211 of this Part . Section 201 .212 of this Part must still be
followed, as applicable. Other than excusing the owner or operator of a CAAPP
source from the requirement to obtain an air pollution control construction permit
for such emission units or activities, nothing in this provision shall alter or affect
the liability of the CAAPP source for compliance with emission standards and
other requirements that apply to such emission units or activities, either
individually or in conjunction with other emission units or activities constructed,
modified or located at the source
.
(Source: Amended at 29 111 . Reg . , effective )
