SOURCE DEFINITION

ILLINOIS POLLUTION CONTROL BOARD

November

25,

1987

IN THE MATTER OF:

PROPOSED AMENDMENTS TO

)

 R85—20

35 ILL.

 ADM. CODE 203

SECOND NOTICE

 PROPOSED RULE

PROPOSED OPINION AND ORDER OF THE BOARD

 (by J.D. Dumelle):

The Board today adopts

for

 Second Notice proposed amendments

to 35

 Ill. Adm.

 Code 203:

 MajorStationarySource Construction

and Modification, more commonly referred

 to as New Source Review

or NSR.

 The Board will withhold

 submi.tting this Second Notice

Opinion and Order

 to the Joint Committee on Administrative Rules

(JCAR)

for

 thirty

 (30) days.

 To permit the early detection of

problematical issues,

 if any, and thereby facilitate

the

expedient adoption of approvable rules,

 the United Stated

Environmental Protection Agency (USEPA) has agreed, time and

workload permitting,

 to conduct an informal review of this

proposal.

 The Board appreciates tJSEPA’s assistance

 in this

matter.

First Notice was proposed on April 30,

 1987, and published

at

11

 Ill.

 Reg. 10407, June

5,

 1987.

 The First Notice comment

period, which would have expired on July

22,

 1987, was extended

 to August

 28, 1987,

 to allow consideration of and comparison with

the federal NSR proposal published July 31,

1987

 (52 Fed.

 Reg.

28570).

 Eight public comments were received during

 the First

Notice comment period:

 three comments from USEPA; two comments

from Citizens

for

 a Better Environment

 (CBE); and one comment

each from the Illinois Environmental Protection Agency (Agency),

the Illinois Environmental Regulatory Group

 (IERG),

 and the

Illinois Steel Group.

 The details of this proposal were

discussed

 in the Board’s First Notice Opinion

 and Order, and that

discussion need not be repeated here.

 The majority of the public

comment addressed

 the two major

 issues discussed

 in the First

Notice Opinion

——

 the definition of “source” and vessel

emissions.

 In addition,

 the Agency submitted detailed responses

to the many questions raised

 in the Board’s First Notice

Opinion.

 The Board appreciates the Agency’s thorough review.

SOURCE DEFINITION

The First Notice proposal retained the existing dual

definition of

 “source” rather

 than propose

 the plantwide

definition for the reasons articulated therein.

 The Comments

filed by IERG and the Steel Group were directed solely to this

issue.

 IJSEPA,

 the Agency and CBE also responded.

83—155

—2—

IERG and

 the Steel Group advocated

 for adoption of the

plantwide definition.

 To support the view that USEPA can and

would

 approve incorporation of the plantwide definition

 in the

Board’s proposal,

 both IERG and the Steel Group pointed out that

USEPA is presently proposing

 a plantwide definition in the

parallel federal rulemaking.

 IERG also stated that USEPA

provided clear guidance

 in the June

26,

 1987, Federal

 Register

publication

 (52 Fed.

 Reg.

 24039)

 regarding the showing Illinois

must make before

 a plantwide definition may be federally adopted

and that that showing

 is much less arduous and infinitely more

achievable than proving

 a lack of impact on the State’s

attainment demonstration.

 Thus,

 argued

 IERG,

 the “reasoned

pragmatism”

 of the Agency in supporting

 the dual definition no

longer exists.

 Both IERG and the Steel Group

 argued that policy

considerations favor adoption of the plantwide definition.

 They

believe that the plantwide definition would enable facilities to

modernize individual emission sources without experiencing the

“cost and delays associated with the ~ew Source Review process”

 (Comments of the Illinois

 Steel Group, filed July 21, 1987)

whereas the dual definition would create

 a disincentive to

modernization in those instances where the action would trigger

application of the NSR rules.

 The plantwide definition,

the

argument goes, would therefore result

 in newer, cleaner—operating

equipment, thereby resulting in greater environmental benefit.

The Agency supports retention of the dual definition.

The

Agency pointed out that

 IJSEPA’s proposal of the plantwide

definition and statements regarding the less restrictive showing

must be read consistently with USEPA’s July 14,

1987

 (52 Fed.

Reg.

 26424) Notice of Proposed Rulemaking proposing to disapprove

the 1982 Illinois Ozone

 State Implementation Plan

 (SIP).

The

Notice states that USEPA proposes:

to find that the plan as a whole,

 taking into

account the legally adopted control measures,

does not adequately demonstrate attainment of

the NAAQS by the end of

1987

 or any near term

fixed

 date

 thereafter

(or

RFP

 reasonable

further

 progress

in

the

 interim)

Therefore,

the

 plan

 does

not

 meet

the

requirements

of

 Part

D

of

the

 Clean

Air

 Act.

 52 Fed.

 Reg.

 26427.”

The Agency noted that when USEPA published the NSR proposal

on

June 26,

 1987,

 it had not yet proposed

 to disapprove the 1982

ozone

 SIP.

 In its comment,

 the Agency stated

 that:

gjiven

the

 proposed

 findings

by

 USEPA

that

the

 State

 will

not

 attain

the

 ozone

NAAQS

 by the

end

of

1987

 and that

 the State

has

 failed

to

 achieve

 reasonable

 further

progress

 (RFP)

 towards

 attainment

of

the

83—156

—3—

ozone NAAQS,

 the February 27,

 1987, policy on

the

 definition

of

 source

...

and

the

statement

 in the June

26,

 1987, proposal

 that

the

 State

 must

 show

it

 is making

 reasonable

efforts

to

 adopt

and

 submit

a

 complete plan

for

 RFP and

 timely attainment

 preclude USEPA

from adopting

a

 plantwide definition

in

its

NSR

 rules

or

 approving

 State

 rules

 which

contain the plantwide definition.

Finally,

 the Agency responded

 to the arguments

 of the Steel

Group and IERG that

 the dual definition provides a disincentive

to modernization by pointing out that the dual definition affects

only those changes which involve major pieces of equipment.

 As a

consequence,

 the Agency believes that the dual definition will

have no

 impact on the great majority of Illinois industry.

 Thus,

the Agency continues to believe that the dual definition is

necessary to assure

 that the rules

 cafi be approved so that the

construction moratorium can finally be lifted.

The Board

 is not persuaded

 to replace the dual definition of

source with the plantwide definition.

 In light of USEPA’s

proposed disapproval of the 1982 Illinois ozone SIP,

 the Board

agrees that incorporation of the plantwide definition may

threaten the approvability of the NSR rules.

VESSEL

EMISSIONS

The Board’s First Notice Order discussed in detail the issue

of vessel emissions.

 The sole comment on this issue during the

first notice period came from the Agency.

 The Agency believes

that the Board’s interpretation of

 Section 203.112 is contrary to

the scope and intent of the Agency’s proposal and jeopardizes the

 approvability of

 the rules.

 Of specific concern

 to the Agency

is

the Board’s interpretation of Section 203.112 that only vessels

which are under

 the control

 of the person who owns

 the terminal

and further which belong

 to the same industrial grouping

 as the

terminal are covered.

 The Agency’s

 interpretation of its

proposed Section 203.112

 is that the emissions of all vessels and

conveyances

——

 irrespective of

 industrial grouping and ownership

or control by the

 terminal operator

——

 be attributed

 to the

terminal.

 The types of emissions which

 are attributable to the

terminal are those

 which are delineated

 in Section 203.112(b).

To support its interpretation the Agency pointed

 to the testimony

of

 Mr. Chris Romaine given at the February

4,

 1986 hearing

(Transcript pp.

 184—195).

 In essence, Mr. Romaine explained that

the criteria of location, common ownership and common SIC code do

not provide

 a useful

——

or

 rational

——

 basis

 for vessel emission

attribution.

The Agency believes that the solution

 it has fashioned,

whereby vessel emissions are attributable on

 the basis

 of the

83—157

—4—

type of activity and

 its relation

 to the terminal irrespective of

ownership or SIC code provides

 a predictable, rational and

equitable framework for attribution of vessel emissions.

 Also,

the Agency asserts that its solution was developed

in

consultation with USEPA’s Office of Air Quality Planning and

Standards and

 is unquestionably approvable by USEPA.

 To clarify

its intentions, the Agency suggests the inclusion of the language

“irrespective of ownership or

 industrial grouping” into Section

203.112(b) (i)

The Board accepts the Agency’s suggested revision of Section

203.112(b)(i)

 for incorporation into the Second Notice Order.

The Board believes that this additional language clarifies the

Agency’s intent, as described above.

 Without the added language

a plain reading of the language proposed

 at First Notice would

seem to allow for the interpretation that Sdbsections 203.112(a)

and

 (b) may be read together.

SECTION BY SECTION

REVIEW

The First Notice Opinion noted,

 section by section, changes

to

 the Agency’s proposal and language causing uncertainty

in

interpretation.

 The Board here responds, section by section,

to

comment received during First Notice.

Section 203.104:

 The Board has adopted the Agency’s suggested

language to clarify that the

 intent of the section

 is to

establish a presumption that the 2—year period immediately

proceeding

 the “particular

 date”

 is representative of normal

operations, with an opportunity for the source

 to rebut the

presumption and

 to demonstrate that another time period

 is more

representative.

Section 203.107:

 In Subsection

 (a), the Board has adopted the

Agency’s suggested clarifying

 language.

 Also,

 the Board noticed

that

 in subsection

(1)

 40 CFR 60 and 61 were being incorporated

by reference.

 To correctly incorporate material by reference,

a

specific date must be given and

 a statement must be made

declaring that

rio

 future editions or amendments are included.

In

response to Board

 inquiry as to which date would be appropriate,

the Agency stated that

 a specific date could not be inserted and

still be approvable by USEPA.

 Apparently,

 (JSEPA requires that

the standards used

 to determine allowable emissions be not

restricted to a date certain but be flexible enough to include

the most recent standard adopted

 in the CFR.

 USEPA’s requirement

of including the most up—to—date standards seems consistent with

the general goal of determining the “most stringent” applicable

 standards for purposes of determining allowable emissions.

Therefore the Board has revised the language

 in subsection

(1)

to

avoid the necessity of directly incorporating the federal

regulations by reference thereby triggering

 the necessity for

a

specified date.

 In addition,

 in subsection

 (2), the Board

83—158

—5—

changed

the

 term “subtitle”

 to “chapter”

 to clarify

th

 intent

of

the section.

Section 203.112:

 For purposes of clarity the Board replaced

 “or”

with

 “and”

 in the series “building,

 structure and

 facility.”

In

Subsection

 (b),

 the Board has

 adopted the Agency’s revised

language making

the

 language consistent with USEPA policy, which

does not generally consider limitations based on annual emissions

rates

 to be federally enforceable

 and,

as

 a practicable matter,

probably not enforceable

 at the State level either because

it

could

 take

 a year

 to determine compliance.

 The Board

 believes

the revised language

 is consistent with USEPA policy and

therefore approvable.

 In Subsection

(C),

 the Board has adopted

 the Agency’s suggested clarifying language.

Section 203.113:

 The Board’s First Notice~Opinionquestioned

the

appropriateness

 of the phrase

 “a reasonable

 time.”

 The Agency

responded that the phrase

 is appropr~iatein light of

 the fact

that the time for completion of

 a project

 is dependent on the

specifics of the particular project which vary depending

 on the

nature of

 the project,

 its size,

 the extent

 of upfront

engineering,

 the amount

 of off—site preparation, whether

equipment must

 be fabricated

or

 can be purchased,

 and many other

considerations.

 Although the Board recognizes

 that flexibility

is necessary in this area,

 the Board does not believe that the

language as written will pass review by

 the Joint Committee on

Administrative Rules

 (JCAR).

 Therefore,

 the Board has included

a

subsection

(C),

 which sets

 forth some of the factors

 to be

considered when determining

 “a reasonable

 time”.

Section 203.123:

 The word

 “a” was added

 to the first line of

“emissions

 unit.”

 Also,

 “subtitle” was changed

 to “chapter”.

Section

203.124:

 In the First Notice Order,

 the Board questioned

the appropriateness of the phrase “reasonably pass through.”

The

Agency responded that,

 because of the specific meaning

of

“fugitive emissions”

 in the regulatory context,

 the pnrase

“reasonably pass through” adequately distinguishes between

fugitive and non—fugitive emissions.

 The Agency further

responded

 that further elaboration would not match the stringency

of USEPA requirements.

 So as not

 to jeopardize approvability,

the Board has retained the language proposed at First Notice.

Section 203.127:

 The Board

 has,

 on its own motion, proposed

a

definition of “nonattainment area”.

 The Board believes

 it more

efficient to define non-attainment area

 in one place than

in

several.

 All of the sections

 that previously included the

definition have accordingly been revised.

 The Board notes that

this is not

 a substantive change because “nonattainrnent area” was

defined

 in each section

 in which

 it was used.

 Therefore,

the

Board

 views this definition

a

 a matter

 of efficiency and

housekeeping and not as

 a matter

 of change.

83—159

—6—

Section 203.128:

 The Agency correctly noted

 that the Board

omitted the text of Section 203.128 at First Notice:

 no amendment

was proposed

 to this section.

 After

 further review the Board has

proposed the capitalization of “Emit”

 to maintain consistency in

capitalization with the other proposed definitions.

Section 203.150:

 The Board

 has adopted

 the Agency’s suggested

language

 to clarify the reference to the proposed issuance of the

permit.

Section 203.206:

 The First Notice Order questioned the

appropriateness

 of the phrase “approximately half.”

 The Agency

responded that the phrase

is

 a direct consequence of the

structure of the federal determination of reconstruction.

The

Agency also noted that this language

 is unch’anged

 from that

in

the present rules.

 The Board notes that subsections

 (l)—(4)

of

subsection

 (c) provide directives

 for determining whether

reconstruction will occur.

 These directives provide guidance

in

the determination of

 “approximately half”

 of the capital costs.

Therefore,

 the Board has retained

 the phrase.

Section 203.207:

 In Subsection

(a)

 the Board has adopted the

Agency’s suggested clarifying

 language.

 In Subsection

(c)

the

Agency responded to Board inquiry that it did not intend to

delete

 the reference

 to 40 CFR 52.21.

 The Agency noted that

tJSEPA correctly interpreted

 such deletion as

 a relaxation of the

rule beyond

 the federal minimum requirements, and suggested that

that reference be reinstated into Section 203.207(c)(5)(A)

and

(c)(6).

 The Board has reinstated

 the reference and has adopted

the Agency’s suggested language

 to further clarify Section

203.207 (c) (5) (A).

In Section 203.207(c)(5)(B), USEPA indicated that inclusion of

permits issued pursuant

 to 40 CFR 51.21

 (PSD)

 is an unacceptable

relaxation as compared

 to its guidelines at

 40 CFR 51.164.

The

Agency agreed

 and suggested that the citation to 40 CFR 52.21

in

Section 203.207(c)(5)(B)

 be deleted.

 The Board has deleted

the

citation.

Section 203.208:

 The Agency suggested that,

 in line

 1 of the

introductory paragraph,

 the term “sum”

 is more appropriate than

“total” because determination of whether

 a modification results

in

 a net emissions increase

 is essentially

 a mathematical

calculation.

 The Board has taken out the proposed word “total”

and has retained the existing word

 “sum”.

 In Section

203.208(b) (1),

 the Board has adopted the Agency’s redraft,

 as the

new language better parallels the language in Subsection (c)(4),

is less awkward than the federal language, and

is

 identical in

substance

 to the federal language.

 In Subsection 203.208(c), the

Agency responded

 to Board inquiry concerning the language

“approximately the same qualitative significance on public health

83—160

—7—

and welfare”.

 The Agency pointed out USEPA’s explanation at 45

Fed.

 Reg.

 52701 which reads:

By

 this

 provision

 USEPA

 seeks

 mainly

to

prevent

an

 increase

in

 emissions

 with

considerable

 health

 and welfare

 significance

from

 escaping

 review

 merely

 because

of

a

contemporaneous

 decrease

in

 less

 harmful

emissions.

 The health and welfare provisions

of

the

 Clean

Air

Act

 mandates

 this

provision.

 (Comments

of

the

 IEPA,

 filed

August

4,

 1987).

The

 Agency recommended

 that the language

 in question be retained

in both Sections 203.208(c)

 and 203.303(b).

 So as not to

jeopardize approvability,

 the Board has retained the language.

Section 203.301:

 The Board has added’ the language “adopted by

(JSEPA pursuant to Section

 11 of the Clean

 Air Act and made

applicable to Illinois pursuant to Section 9.1 of the Act” to

clarify “applicable new source performance standard.”

Section 203.303:

 The Board has changed “subtitle”

 to “chapter”

in Section 203.303(c)(2), and has amended the language

 “40 CFR

60

or

 61” consistent with the amendments made to Section

 203.107

above.

 Again,

 the language proposed

 at first notice may threaten

USEPA approval.

 The Agency responded to Board inquiry concerning

Section 203.303(d).

 The Agency stated

 that it:

has

 endeavored

to

 paraphrase

 this provision

from an awkwardly written provision in 40 CFR

51

 appendix

5

 referenced

in

 USEPA’s

NSR

guidelines

so

as

to

 maintain

 identical

stringency.

 On the one hand, the requirement

for

 analysis

in

 Subsection

 (d)(l)

 could

be

made

 a mandatory obligation on

 the applicant

and

the

 language

in

 Subsection

 Cd) (3)

concerning “broad vicinity” could be removed,

considering

 subsequent

 language.

 This

was

not

 proposed

by

the

 TEPA

to

 avoid

 excess

stringency

and

 maintain

any

 unforeseen

benefits

to

 permit

 applications

 arising

out

of

 USEPA’s

 language.

On

the

 other

 hand,

specific

 analysis

 methodology

 could

 riot

be

specified

 because

 this

 would

 risk

 both

inadequate

or

 excess

 stringency.

 (Comments

of the IEPA,

 filed August

21,

 1987).

The Agency also responded that it would construe “appropriate

analysis”

 in the context of the particular sentence.

83—161

—8—

hf

the

 Agency

 declines

to

 perform

the

required

 analysis,

the

 applicant

 shall

perform

 either

 atmospheric

 simulation

modeling or determine effective stack height,

as

 appropriate

as

 explained

in

 preceding

sentences,

to

 demonstrate

as

 adequate

location for offsets.

 (Comments of the

 IEPA,

filed August 21,

 1987).

So

 as not to jeopardize approvability, the Board has retained the

language as proposed.

Section 203.602:

 The Board has adopted the Agency’s suggestion

to delete the commas after “providing”

 in line

 4 and after

“Section 203.302”

 in line

5.

Finally, the Board

 notes minor, non—substantive changes have

been incorporated

 into the text of the proposed regulations for

purposes of clarification.

ORDER

The Board hereby directs the proposed amendments

to

 35 Ill.

Adm.

 Code 203

 to Second Notice for review by the Joint Committee

on Administrative Rules.

TITLE 35:

 ENVIRONMENTAL PROTECTION

SUBTITLE B:

 AIR POLLUTION

CHAPTER

I:

 POLLUTION CONTROL BOARD

SUBCHAPTER a:

 PERMITS AND GENERAL PROVISIONS

PART 203

MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION

SUBPART A:

 GENERAL PROVISIONS

Section

203.101

 Definitions

203.103

 Actual Construction

203.104

 Actual Emissions

203.107

 Allowable Emissions

 203.110

 Available Growth Margin

203.112

 Building, Structure or Facility

203.113

 Commence

203.116

 Construction

203.117

 Dispersion Enhancement Techniques

203.119

 Emission Baseline

203.122

 Emission Offset

203.123

 Emissions Unit

203.124

 Fugitive Emissions

203.125

 Installation

203.~2Sl26

 LAER

203.127

 Nonattairunent Area

83—162

—9—

203.128

203.131

203.134

203.136

203.145

203.150

203.155

Potential

 to Emit

Reasonable Further Progress

Secondary Emissions

Stationary Source

Volatile Organic Compound

Public Participation

Severability

 (Repealed)

SUBPART B:

 MAJOR STATIONARY BM~SS~9NS

SOURCES

 IN NONATTAINMENT AREAS

Section

203.201

203. 202

203.203

203.204

203. 205

203. 206

203.207

203.208

203. 209

203.210

203. 211

Prohibition

Coordination With P~eee

 tte~cr~Permit

Requirement and Application Pursuant to 35 Ill. Adm.

Code 201

Construction Permit Requirement and Application

Duration of Construction Permit (Repealed)

 Effect of P

eo

 ~r~e~on

 ~rtdPermits

Major Stationary B~5~enSource

Major Modification of

 a Source

Net Emission Determination

Significant Emissions Determination

Relaxation of

 a Source—Specific Limitation

Permit Exemption Based on Fugitive Emissions

SUBPART C:

 REQUIREMENTS FOR MAJOR STATIONARY

SOURCES

 IN NONATTAINMENT AREAS

Lowest Achievable Emission Rate

Maintenance of Reasonable Further Progress and

Emission Offsets

203.303

 Baseline and Emission Offsets Determination

203.304

 Exemptions from Emissions Offset Requirement

(Repealed)

203.305

 Compliance by Existing Sources

203.306

 Analysis of Alternatives

SUBPART F:

 OPERATION OF A MAJOR STATIONARY SOURCE

OR MAJOR MODIFICATION

Lowest Achievable Emission Rate Compliance

Requirement

Emission Offset Maintenance Requirement

Ambient Monitoring Requirement

 (Repealed)

SUBPART

G:

 GENERAL MAINTENANCE OF EMISSION OFFSETS

Section

203.701

 General Maintenance of Emission Offsets

Section

203.301

203. 302

Section

203.601

203.602

203. 603

83—163

—10—

AUTHORITY:

 Implementing Section 9.1 and authorized

 by Sections

5

 arid

27

 of the Environmental Protection Act

 (Ill.

 Rev.

 Stat.

 1985,

ch.

 111 1/2, pars.

 1005,

 1009.1 and 1027).

SOURCE:

 Adopted and codified at 7

 Ill.

 Reg.

 9344, effective July

22,

 1983; codified at

7

 Ill.

 Reg.

 13588; amended

 in R85—20

at

____

 Ill. Reg.

_____,

 effective

__________

SUBPART A:

 GENERAL PROVISIONS

Section 203.103

 Actual Construction

“Actual Construction” means

 in general,

 initiation of physical

on—site construction activities on an emissions unit which are of

a permanent nature.

 Such activities include, but are not limited

to,

 installation of building supports.and foundations,

 laying of

underground pipework,

 and erection of permanent stora2e

structures.

 With respect to

 a change

 in method of operation,

this term refers to those on—site activities other

 than

preparatory activities which mark the

 initiation of the change.

(Source:

 Added at 11 Ill.

 Reg.

 effective

______________)

Section 203.104

 Actual Emissions

“Actual Eemissions” means the actual rate of annual emissions of

a pollutant from an ~per ~ene~

 emissions ~e~ree unit ~

 as of

a

particular date.

 Actual emissions are equal

 to the meen average

rate,

in

 tons per year,

 at which the emissions seuree unit

actually emitted the pollutant during the two—year period which

immediately precedes the particular date ~nd or such other period

which is determined by the Illinois Environmental Protection

Agency (Agency)

 to be representative of normal em

 ~er~ source

operation.

 Actual emissions shall be calculated

 using the unit’s

actual

 operating hours, production rates,

 and types

 of materials

processed, stored

 or combusted during

 the selected time period

however:

a)

 The Agency shall allow the use of a different time period

upon

 a ~e~e

 ~r~e~en demonstration by the applicant to

the Agency that 4~the time period

 is more representative

of normal

 e~rt ~en

 source operation.

 P~ebt~fdertshe~ be

~I’~eepp~4ee~t~e ~emen~ra~e

~

 eno~her

 Me ~erted

mete

 repre~e

e-

 Ae~t~e~

 em~en~&~e~be

eet~e~ed

 ~e e~4e~ ~o~,ree~-~

~

 epere~4~g

prodt~e~4ert

~e~e~r

er~d

~ype~ o~mer~e3s

preeeseed7 ~ered7

 er eemb~s~ed~

 ~he ~e~ee~ed ~me

perked-

Agency ~e~erm~nes ~

 ~ere 4~~ne~e~e

es ~n4ee~ed

~n

83— 164

—11—

~he p~eee~ng~eregre~9r

 ~l~eAgency ~he~

~e

~he

pen~ei ~e emt~ef

em±~eten~e~ee-.-

b)

 The Agency may presume

 in the absence of reliable data on

actual

 emissions that the source—specific allowable

emissions

 for the emissions unit are equivalent

 to the

actual emissions of the emissions unit.

 For any emissions unit which has not begun normal

operations on

 the particular date,

 the Agency shall

presume that the potential

 to emit of the emissions unit

is equivalent

 to the actual emissions on that date.

(Source:

 Amended at

11

 Ill. Reg.

_____,

 effective

_____________)

Section 203.107

 Allowable Emissions

a)

 “Allowable Eemissions” means

 the emission rate of en

emt~~na stationary source calculated using

the

maximum rated capacity of the em~tsstensource

 (unless

the em~ss~en

 source

 is subject

 to enforceable permit

conditions or other such enforceable limits which

restrict the operating rate,

 or hours of operation, or

both)

and

 the mere most stringent of the following:

1)

 Any applicable standards adopted by USEPA pursuant

to Sections 111 and 112 of

 the Clean

 Air Act

(42

U.S.C.

 7401,

et

 seq.)

 and made applicable

in

Illinois pursuant

 to Section 9.1 of the

Environmental Protection Act

 (Act)

 (Ill. Rev.

 Stat.

1985,

ch.

 111 1/2, pars.

1001

 et seq.)

2)

 The applicable emission standards or limitations

contained

 in this Chapter and approved by the

United States Environmental Protection Agency

(USEPA) pursuant

 to Section

 ll0(a)(2)

 or 110

 (a)(3)

of the Clean Air Act,

 including those standards or

limitations with a future compliance date and any

other emission standard

 or limitation enforceable

under

 the Environmental Protection Act or by the

USEPA under

 Section 113 of the Clean

 Air Act

or

3)

 The emissions rate specified as an enforceable

permit condition including those emissions rates

with

 a future compliance date.

b)

 The allowable emissions may be based on e~re~ede~e

an enforceable permit condition limiting ennt~e~

or material

or

 fuel throughput.

e+

 ?tHewab~eem~ee4en~

 ~he~

 4ne~t~ee ree~en~biee~Hme~e

of

 -~r~e~eeesof e~pi~eeb3e~enderds

 dt~Hng

83—165

—12—

er~—~~

m

fane~en7

 bfeekdowrt-r e~

4f ~he pro t~4enee~~S ~HT A~M~

ee~e

~

 heve

been eemp44ed wtth~

~+c) If

 a en em4~~ensource

 is not subject

 to an emission

standard t~n~er

 described

 in subsection

(a)

and

 is not

cend~4ene~pt~r~t~en~

 ~e subject to

 a permit condition

described

 in subsection

 (b),

 the allowable emissions

shall be the source’s potential

to

 emit.

(Source:

 Amended

at

11

 Ill. Reg.

 effective

___________

Section 203.110

 Available Growth Margin

~Ave~eb~e

 growth

Mergt&t

 meen~the ~4fference between ~

eHoweb~ee~4ens eons~~en~

 with ree~eneb~e

fttrther

 progre~

end prejee~edee~t~e~

 em~s~en~

 4n e rt~ne~4nmen~

 eree~

“Available Growth Margin” means

 the portion which remains of any

emission allowance for new or modified major stationary sources

expressly identified

 in the attainment demonstration approved by

the U.S. Environmental Protection Agency (USEPA)

 under

 Section

l72(b)(5)

 of the Clean Air Act

 (42 U.S.C.

 7502(b)(5))

for

a

particular pollutant and area.

(Source:

 Amended at 11

 Ill. Reg.

_____,

 effective

_____________)

Section 203.112

 Building, Structure and Facility

 The terms “building”,

 “structure”, and “facility”

include all of the pollutant—emitting activities which

belong

 to the same industrial grouping, are located on

one or more contiguous or adjacent properties, and are

under

 the control

 of the same person

 (or persons under

common control).

 Pollutant—emitting activities shall

be

considered

 as part of the same “Major Group”

 (i.e.,

which have the same two—digit code)

 as described

 in the

Standard Industrial Classification Manual,

 1972, as

amended by the 1977 Supplement

 (U.S.

 Government Printing

Office stock numbers 4101—0066 and 003—005—00176—0,

respectively)

 incorporated by reference

in

 35 Ill.

 Adm.

Code 720.111.

b)

 The terms “building”,

 “structure”, and “facility”

 shall

also include

1)

 the transfer of materials,

 including but not

limited

 to grain, gasoline, petroleum liquids,

coal,

 fertilizer, crushed

 stone and

 ore,

 from

vessels, motor vehicles or other

 conveyances,

irrespective of ownership or

 industrial grouping,

to or

 from

 a building, structure,

 or fa5ility as

defined

 in subsection

 (a),

and

83—166

—13—

2)

 activities

 at or adjacent

 to such building,

structure or facility which

 are associated with

such transfer, including but not limited

 to idling

of propulsion engines,

 the operation of engines

to

provide

 heat,

 refrigeration or lighting, operation

of auxiliary engines

 for pumps

 or cranes,

and

transfer of materials from hold

 to hold

 or tank to

tank during onloading

 or offloading operations.

(Source:

 Added at 11

 111. Reg.

______,

 effective

______________)

Section 203.113

 Commence

As applied

 to construction of

 a major

 stationary source

 or major

modification

 “commence” means that the owner

 or operator has

obtained all necessary preconstruction approvals or permits and

either

 rias:

a)

 Begun,

 or caused to begin,

 a continuous program of

actual on—site construction

 of the source,

 to be

completed within e4~g~eenMenth5 af~erthe de~ethe

±s~rantedi

 a reasonable time

or

b)

 Entered into binding agreements or contractual

obligations, which cannot be canceled or modified

without substantial loss

to

 trie

 owner

 or operator,

to

undertake a program of actual construction of the source

to be completed within

 a reasonable time.

C)

 For purposes

 of this Secton,

 a “reasonable

 time”

 shall

be determined considering

 but not limited

to

the

following factors:

 The nature and size of the project,

the extent of design engineering,

 the amount of off—site

preparation, whether equipment can

 be fabricated or can

be purchased, when the project

 begins

 (considering both

the seasonal nature of construction activity and the

existence of other projects competing for construction

labor

 at the same time,

 tne place of the environmental

permit

 in the sequence

 of corporate and overall

governmental approval),

 and the nature

of

 the permittee

(private, public,

 regulated,

 etc).

(Source:

 Amended

at

11

 Ill.

 Reg.

_____,

 effective

______________)

Section 203.116

 Construction

“Construction” means any physical change or change

 in the method

of operation,

 including but not limited

 to fabrication, erection,

installation, demolition,

 or modification of an emissions ~o~ree

unit, which would result

in

 a change

 in actual emissions.

83—167

—14—

(Source:

 Amended

at

11

 Ill.

 Reg.

______,

 effective

______________

Section

 203.117

 Dispersion Enhancement Techniques

“Dispersion Enhancement Techniques” mean

 so much of the stack

height

 of any source

 as exceeds good engineering practice or any

other dispersion technique, determined by regulations

 at 40 CFR

51.100

 (1987)

 (no future amendments or editions are included).

(Source:

 Added at 11 Ill.

 Reg.

______,

 effective

______________

Section 203.123

 Emissions Unit

“Emissions Unit” means any part of

 a stationary source which

emits or has the potential

 to emit any pollutant subject to

regulation under

 the Act or

 this Chapter or by USEPA under the

Clean Air Act

 (42 U.S.C. 7401 the Actor et seq.).

(Source:

 Added

at

 11 Ill.

 Reg.

______,

 effective

______________)

Section 203.124

 Fugitive Emissions

“Fugitive Emissions” means

 those emissions which

 could not

reasonably pass through

 a stack, chimney, vent or other

functionally equivalent opening.

(Source:

 Added

at

11

 Ill.

 Reg.

_____,

 effective

______________

Section 203.125

 Installation

“Installation” means an

 identifiable piece of equipment.

(Source:

 Section 203.125 renumbered

 to Section 203.126, New

Section 203.125 adopted at 11

 Ill.

 Reg.

_____

effective

_______________

Section 203.32S126

 LAER

“LAER”

 is an abbreviation for lowest achievable emission rate.

(Source:

 Section 203.126 renumbered from Section 203.125 at 11

Ill. Reg.

_____,

 effective

_____________)

Section 203.127

 Nonattainuient Area

An area designated by USEPA

 as nonattainment for

 a given

pollutant pursuant to Section 107

 of the Clean Air Act

 (42 U.S.C.

7407).

Section

 203.128

 Potential

 to Emit

83—168

—15—

“Potential

 to Eemit” means

 the maximum capacity of

 a stationary

source

 to emit

 a nollutant

 under

 its physical and operational

design.

 Any physical

 or operatonal

 limitationon

 the capacity

of

the source

 to emit

 a pollutant,

 including

 air pollution control

equipment and restrictions

 on hours of operation or on the type

or

 amount of material combusted,

 stored, or processed,

 shall

be

treated as part of

 its design only

if

 the limitation

or

the

effect

 it would have on emissions

 if enforceable.

 Secondary

emissions

 do not count

 in determining the potential

 to emit of

a

stationary

 source.

(Source:

 Amended at

11

 Ill.

 Reg.

 effective

______________

Section 203.131

 Reasonable Further Progress

“Reasonable Ffurther

 Pprogress” means

 the annual incremental

reductions

 in the emissions

 of the applicable

 air pollutant

~

 ~e ~re~4~e ~er ~

 e~the H~ene’~~m~en~

 ~Atr

~y S

 nder~eee ee~e~s~y ee

 ee~eeb~e7~n eeeo~enee

with as determined

 by USEPA pursuant

 to Part D of the Clean Air

Act (42 U.S.C.

 7501 et

 seq.)

 and 4~~PR

 --~Ses amen~e~e~ 44 FR

~

 Mey ~87 ~9~9~- federal regulations adopted pursuant

thereto.

(Source:

 Amended

at

11

 Ill.

 Reg.

 effective

______________

Section 203.134

 Secondary Emissions

“Secondary Eemissions” means the emissions which would occur

as

a

result of the construction

 or operation of

 a major stationary

source or major modification, but do not come from the major

stationary source or major modification

 itself.

 For the purpose

of this Part, secondary emissions must be specific, well defined,

quantifiable, and impact the same general area as the stationary

source or modification which causes the secondary emissions.

Secondary emissions may include, but are not limited

to,

emissions

 from any reesenth~yfe~seeeb~eoff—site support

facility which would not ethefw4se

 be constructed or

 increase

its

emissions except as

 a result of the construction

 or operation

of

the major stationary source

 or major modification.

(Source:

 Amended

 at 11

 Ill.

 Reg.

 effective

______________

Section 203.136

 Stationary Source

“Stationary Source” means any building,

 structure, facility

or

installation which emits or may emit any air pollutant subject

to

regulation

 under

 the Act

 or this Chapter

 or by USEPA under

the

Clean Air Act

 (42 U.S.C.

 7401 et seq.).

(Source:

 Added

at

11

 Ill.

 Beg.

_____,

 effective

______________

83—169

—16—

Section 203.145

 Volatile Organic Compound

“Volatile Organic

 Compound” means

 any cnemical

 compound

of

carbon,

 released

 to or present

 in the atmosphere

in

 a gaseous

state,

 including compounds which

 are liquids

 at standard

conditions,

 but excluding

 the fo1lo~ingcompounds~

 methane,

ethane,

 carbon monoxide,

 carbon dioxide,

 carzoonic acid, metallic

carbonic acid,

 metallic carbide, metallic carbonates, ammonium

carbonate,

 1,1,1 trichioroethane

 (methylchloroform),

 methylene

chloride,

 trichlorotrifluoroethane

 (Freon ±13),

trichiorofluoromethane

 (CFC—ll), dichlorodifluoromethane

 (CEC—

12), chlorodifluoromethane

 (CFC—22)

 trifluoromethane

 (FC—23)

trichiorotrifluoroetnane

 (CFC—1l3)

 dichlorotetrafluoroethane

(CFC—1l4),

 chioropentatluoroethane

 (CFC—ll5)

(Source:

 Added at

11

 111.

 Reg.

______,

 effective

______________

Section 203.150

 Public Participation

A~the ±a~on

e~

a

~erm~

app

 ea~~nPrior

 to the initial

issuance

of

 a permit pursuant

 to Subpart B,

 the Agency shall

provide

at

 a minimum, notice

 of the same proposed issuance

of

a

2ermit

and

 a comment period pursuant

 to the Agency public

participation procedures found

at

35

 111. Adm.

 Code

 156.

(Source:

 Amended at

11

 Ill.

 Reg.

______,

 effective

_______________

Section 203.155

 Severability

 (Repealed)

No~w4stan~4ng

5

 Adm~-eo~e

~

~

 any ~rev~s4en e~

Part ~3

 ~s stayed

or dee~are~ ~a

by

 a f~ne~erberT no

~enger s~eet

 to eppea~7e~any

 eetirt

e~eom~etent

 s~een-r

then

the

 ent~ret~e~Part ~

 sha~ be ~eeme~

 stayed

o~

~n~a~ated

 unt4~the stay ~s ~ed

 or the Board aets to

reva~4date the Part-~-

(Source:

 Repealed

at

11

 Ill.

 Rag.

_____,

 effective

______________

SUBPART B:

 MAJOR STATIONARY EMISSIONS

SOURCES

 IN NONATTAINMENT AREAS

Section 203.201

 Prohibition

In any nonattainment area,

 nNo person

 shall

 cause

 or allow

tne

construction

of

 a new major stationary source

 or major

modification

 ~n an area designated

as

 that

 is major

 for the

pollutant for which

 the area

 is designated

 a nonattainment

 area

as de~ned at Seet4en ~

o~

the e~eanA~r~et

 (-42

 ~-S--eT

~5O~-(-2-~+

 w4th respeet

to that

pe~~tant,except

as

 in compliance

with this Part for that pollutant.

(Source:

 Amended

at

11

 Ill.

 Req.

_____,

 effective

_____________)

83—170

—17—

Section 203.202

 Coordination With Preeenstr~et4enPermit

 Requirement and Application Pursuant

to

35

ill.

 Adm.

 Code

201

For new major sources and major modifications, the fulfillment of

the requirements

of

35

 Ill.

 Adm.

 Code

 201 related

to

construction, including

 the permit requirements

of

35

 Ill.

 Adm.

Code 201.142,

 shall

 be combined with the reauirements of this

Subpart.

0+

 App~eet~onsfor preeonstr~et~enpermits

shaH

 eot~ts4n

~f-4e~ent

 ~nformat4en to demonstrate

that the so~ree

eenst~thtes or does not eonst~t~te~ new major sot~reeor

~jor

med

 5eat~onpt~rs~antto thfs S~bpart~

A preeenstr~et~en

 perm4t des~gnat~n~

 the proposed

eenstruet~onas a new major so~ree or major med~4eat~en

fe reg~redpr~~or

 to--

Bnter~ng 4nto

bfnd~ng a~reements

 eontreethe~

ebHgat~ons7 wh~eheannet be eenee~edor mod~f4ed

w+thet~t

s~bstant’~a~

 ~ess

 to the owner or operator7

to ~ndertehe

 a pre~rame?

 eett~a4eonstr~et4en

so~reeto

be ee~p~etedw4thfn a reasenab~-et~mei-

2-)-

 ~nft~at4ng

phys4ee~

en—site

eenstr~et~en eet~~~t4es

wh~eh are

permanent

-~nrtathre

~ne~t~d~ng

b~t net

~~m~ted

 to ~nstaHat4on

 of b~4~dfngsupports and

fo~ndat~ons7~ey4ng

 ~ndergre~nd

 p~peworhand

eenstr~et4enof permanent storage struethres~ or

3+

 ~n~t-~at+ng a ehange ~n eperetfons wh~ehmay be

sttbjeet to

th-~sS~bpertor S~bpert

(Source:

 Amended at 11

 Ill. Beg.

_____,

 effective

______________

Section 203.203

 Construction Permit Requirement and

Application

a)

 A construction permit

 is required prior

 to he~4ng

or ha~4ng eatteed to begin a eont-~n~±o~s

 program of actual

en—s-~teconstruction of

 a major new source or major

modification.

 or ehange -~neperet~ensof the sot~ree~-

S~ehperm-~tshaH eonta~nenfereeab~eeond~t~ons

the reg~4rementsof S~bparts B end

b)

 Applications

 for construction permits required under

this Section shall

 contain sufficient information

to

demonstrate compliance with

35

 Ill.

 Adm.

 Code 201 and

the requirements of this Subchapter

 including,

 but not

limited

 to, Subpart

C.

83—17 1

—18—

c)

 The permit shall

 include conditions specifying the

manner

 in which

 the requirements of

 Subparts

 B and

 C of

this Part are satisfied.

 No oerrnittee shall violate any condition contained

in

a

construction permit

 issued

for

 a new major stationary

source

 or major modification which is subject

 to this

Part.

(Source:

 Amended

at

11

 Ill.

 Beg.

______,

 effective

______________)

Section 203.204

 Duration of Construction Permit

 (Repealed)

A permft to eenstr~etshaH beeome fnvaHd

4f

the permfttee has

net eemmeneed eenstrt~et4onw4thin ~

 months after reeefpt of st~eh

or eenstr~et~on4s d-iseont~nt,edfor a period

of ~8

eonseet~t4~emonths

or

 ifiereT

 However7 th~Sprovfs4en does not

app’y to the t4me per4ed between eonstrt~et~en

 ef the approved

phases of a

phased eenstr~et-ienprojeet~

eaeh phase mast

beg~n

aetha~eonstruet~onw~th~n~8 months of the dates eonta~ned~n

the perm~tappHeatfon--

(Source:

 Repealed

at

 11 Ill.

 Rag.

 effective

_____________)

Section 203.205

 Effect of P~eeonstr~et~en

 arid Genstr~et~on

Permits

The issuance of neither a preeenstr~et~on

 net a eenstr~et-~en

a

permit for

 a source subject to the requirements of this Part

shall

 not relieve any person of the responsibility to comply

fully with applicable provisions of the Environmental Protection

Act

 (Act)

 (Ill.

 Rev. Stat.

 l98~5,ch.

 1111/2, pars.

1001

 at seq.),

the reg~at~onseonta4ried

 fri this Chapter, the e~eanAft Aet

 -(-42

~-s~-e~

~

 et eegr+

 arid federa~reg~etforisadopted there~nder

and any other applicable requirements under

 local,

 state or

federal law. through

the

effeetfve date of thfs St~bpert-

(Source:

 Amended

 at 11

 Ill.

 Beg.

_____,

 effective

______________

Section 203.206

 Major Stationary Bmfssfen Source

A major ~tatforiaryemfasfon sot~reethat fa major for erganfe

materfai shaH be eertsfdered major for oterie~-

a)

 The following constitutes

 a major stationary emfasfon

source:

a-)-1) Any stationary emfesfon source of air pollutants

which emits,

or

 has the potential

 to emit,

 100 tons

per year or more of any po1lutant~-for which

 pollutant the area is

 a nonattainment area.

83—17 2

—19—

b-)-2)

 Any physical change that would

 occur

 at a

stationary emfssfon source not qualifying under

paragraph

 1 s~bseet~en

 -(-a-)-

as

 a major stationary

emfss4on source,

 the change would constitute

a

major stationary emfesfen source by itself.

b)

 A major stationary source that

 is major

 for volatile

organic

 compounds shall

 be considered major

 for ozone.

C)

 The reconstruction of

 a major stationary emfasfon source

will be treated as the construction of

 a new major

stationary source

 if the fixed capital cost of new

components exceeds approximately half of the fixed

capital

 cost of an entirely new stationary source.

Determining whether reconstruction will occur

 is based

on the

 following:

1)

 Fixed capital cost shall mean the capital needed to

provide all

 the depreciable components;

2)

 The fixed capital cost for the replacements

in

comparison to the

 fixed capital cost that would be

required

 to construct a comparable entirely new

source;

3)

 The estimated

 life of the source after the

replacements compared

 to the life of

 a comparable

entirely new source; and

4)

 The extent

 to which the components being replaced

cause or contribute

to

 the emissions from the

source.

d)

 For purposes of this Part,

 the fugitive emissions of

a

stationary source shall not be included

 in determining

whether

it

is

 a major stationary source, unless the

source belongs

 to one of the following categories of

stationary sources:

 Coal cleaning plants

 (with thermal dryers)

 Kraft pulp mills

 Portland cement plants

 Primary zinc smelters

5)

 Iron and steel mills

 Primary aluminum ore reduction plants

 Primary copper

 smelters

8)

 Municipal incinerators capable of charging

more than 250

 tons of refuse per day

9)

 Hydrofluoric, sulfuric, or nitric acid plants;

10)

 Petroleum refineries;

11)

 Lime plants

83—173

—20—

12)

 Phosphate rock processing plants;

13)

 Coke oven batteries;

14)

 ~u1fur

 recovery plants;

15)

 Carbon black plants

 (furnace process);

16)

 Primary lead smelters;

17)

 Fuel conversion plants;

18)

 Sintering plants;

19)

 Secondary metal production plants;

20)

 Chemical process plants;

21)

 Fossil—fuel boilers

 (or combination

 thereof)

totaling more than 250 million Btu per hour

heat input;

22)

 Petroleum storage and transfer

 units with

a

total

 storage capacity exceeding 300,000

barrels;

23)

 Taconite ore processing plants;

24)

 Glass fiber

 processing plants;

25)

 Charcoal

 production plants;

26)

 Fossil fuel—fired steam electric plants

of

more than 250 million Btu per hour heat input;

27)

 Any other stationary source category which was

regulated as of August

7,

 1980,

 by USEPA under

Section 111 or

 112 of the Clean Air Act

(42

U.S.C.

 7411,

 7412).

(Source:

 Amended

 at 11

 Ill.

 Beg.

_____,

 effective

_____________

Section

 203.207

 Major Modification of a Source

a)

 Any Except as provided

 in Subsection

 (c),

 a physical

change,

 or change

 in the method of operation of

 a major

stationary emfssfen source that would

 result

in

a

significant net emissions increase of any pollutant,-

for which

 the area

 is designated

 a nonattainment area,

that a phye4ea~ehange or change

 4~ri the method

of

operatfen shaH net 4rie~deany eetfvfty ~fsted be~ew--

shall constitute

 a major modification of

 a source.

b)

 Any net emissions increase that

 is significant

for

volatile organic compounds

 orgarife materfa~shall be

considered

 significant

 for ozone.

c)

 A physical change

 or change

 in the method

 of operation

shall not include:

1)

 Routine maintenance, repair, and replacement of

components which does not constitute reconstruction

pursuant to Section 203.206(c).

2)

 Use of

 an alternative

 fuel

 or raw material by

reason of any order

 under

 Sections 2(a)

and

(b)

of

the Energy Supply and Environmental Coordination

83—174

—21-

Act of 1974

 (15 U.S.C.

 791),

 the Power Plant and

Industrial Fuel

 Use Act of 1978

 (42 U.S.C.

 8301)

(or any superseding legislation)

 or by reason of

a

natural gas curtailment plan pursuant

 to the

Federal

 Power Act

 (16 U.S.C.

 791,

et

 seq.)

c-)

3)

 Use of an alternative fuel by reason of

 an order

or

rule under Section 125 of the Clean

Air

Act

(42

U.S.C.

 7425).

d-)

4)

 Use of

 an alternative fuel at

 a steam generating

unit

 to the extent that the fuel is generated from

municipal

 solid waste.

e-)

5)

 Use of

 an alternative fuel or

 raw material by

a

stationary source which:

~)-

A)

 ~t Wwas capable of accommodating such

alternative

 fuel

or

 raw material before

December

21,

 1976,

 and which has continuously

remained

 capable

 of accommodating

 such fuels

or materials unless such change would

be

prohibited

 under

 any enforceable permit

condition whfeh wee established after that

date December

21,

 1976,

 pursuant to

 40 CFR

52.21 as amended at 4~PR ~2~35,-h~g~st

~y

~&8-

or

 this Ehapter Part or

 35 Ill

 Adrn. Code

201.142

 or 201.143,

or

2-)-

B

 Is approved for use

 under any permit issued

pursuant

 to 48 ~PR

 ~2--2~,-as amended at

4~PR

52~35,-A~g~st

~-~-

~988

 or this ehapter Part

or

35

 Ill..

 Adrn.

 Code 201.142

 or 201.143.

f-)

6)

An

 increase

in

 the hours of operation or

in

the

production

 rate, unless such change wot~dbe

is

prohibited

 under any enforceable permit condition

which was established after December

21,

1976

pursuant to 40

 CFR 52.21,

 as amended at 4~PR

52~35-~-August

~,-

~988,-this Part, or

 35 Ill.

 Adm.

Code 201.142

 or 201.143.

 or thfs ehapter

Any frierease

 fri emfesfene

 of organfe materfa~d~eto the

temporary sh~tdewnef

 a eentro~devfee dur4ng seasona’

perfods as aHowed

by

 35 H-1~-Adm~Cede 2~5-

7)

 Any change

 in ownership at

 a stationary source.

(Source:

 Amended at

11

 Ill.

 Beg.

 effective

_____________

Section 203.208

 Net Emission Determination

83—175

—22—

A net emissions increase

 is the amount by which

 the sum of any

increase

 in actual

 emissions

 from

 a particular physical change or

change

 in method

 of operation at

 a an emfssfon source, and any

other increases and decreases

 in actual emissions at

 the emfesfen

source that are contemporaneous with

 the particular change and

are otherwise creditable, exceeds zero.

The

 following steps

determine whether the increase or decrease

 in emissions is

available.

a)

 An increase or decrease

 in actual

 emissions

 is contem-

poraneous only

if

 it occurs between the date that an

increase from

 a particular change occurs and

 the date

five years before

 a timely and complete application is

submitted

 for the particular change.

 ~n the ease of an

frierease,- fIt must also occur

 after

 either April

24,

1979,

or

 the date the area

 is designated by the United

States Environmental Protection 7~gency (USEPA)

as

a

nonattainment area

for

 the pollutant, whichever

 is more

recent;

b)

 An increase or decrease

 in actual emissions

 is credit-

able:

1)

 Only if there

 is not

 in effect no ether

permft

has

been fsstted7

 arid for

the

 source fa stfH

 fri effect

at the time when the particular change occurs

a

permit which relied on the same increase or

decrease

 in actual emissions;

and

2+

 ~n the case of

 a ~h~tdown of en emfssfon se~ree~

on~yte

the extent that ft

fs

 befrig rep3aeed by

a

sfm4~arse~ree~arid

3-3-2) Only to

 the extent the new and old levels differ.

c)

 A decrease

 in actual emissions is creditable to the

extent that:

1)

It

 is enforceable

 at and after

 the time that actual

construction on the particular change begins;

2)

 It has approximately the same qualitative

significance

 for public health and welfare as that

attributed

 to the increase from the particular

change;

3)

 That Tthe old level

 of actual emissions or the old

level

 of allowable emissions, whichever

 is lower,

exceeds the new level

 of actual emissions;

and

4)

 It is demonstrated by the Agency not to have been

previously relied on

 in issuing any permit pursuant

S3—176

—23—

to this Part or

35

 Ill.

 Adm. Code 201.142

or

201.143

 or for demonstrating attainment on or

reasonable further progress in the nonattainment

area which the phys5ea~particular

 change will

impact.

d)

An

 increase that results from

 a physical change at

a

source occurs when the emissions unit on which

construction occurred becomes operational

 and begins to

emit

 a particular pollutant.

 Any replacement unit that

requires shakedown becomes operational only after

a

reasonable shakedown period,

not

 to exceed

180

 days.

(Source:

 Amended

at

11

 Ill. Beg.

_____,

 effective

______________)

Section 203.209

 Significant Emissions Determination

A net emission increase

 in the pollutant emitted

 is significant

if the rate of emission

 is equal

 to or

 in excess of the

following:

a)

 Carbon monoxide:

 100 tons per year

 (tpy)

b)

 Nitrogen oxides:

 40 tpy

c)

 Sulfur dioxide:

 40 tpy

d)

 Particulate matter:

25

tpy

e)

 Ozone:

 40 tpy of ergarife materfe~volatile organic

compounds

f)

 Lead:

 0.6 tpy

g-)

 Asbesto~-~8--GG~tpy

h-)

 BeryH4tim-~

 G--88G4 tpy

f-)

 Meret~ry- 8~-~

tpy

V4ny~eh~orfde~~ tpy

k~

 F~erfdee~- 3 tpy

~+

 &~f~rfeeefd mfet~ ~ tpy

rn-)

 Hydrogen a~ffde

-?H2S+~

tpy

ri-)

 Pote

 red~eedst~ft~r+frie~dfngH2S+~- ~9 tpy

o-)

 Red~eeds~f~reornpo~ndeffne~dfngH2S+~ H

tpy

83—177

—24—

(Source:

 Amended at

11

 Ill. Beg.

 effective

______________)

Section 203.210

 Relaxation of

 a Source—Specific Limitation

E,~eeptthese medfffeetfens e~eemptedp~re~antto Seetfen 2C3~-2O~,-

at

st~ehtfme that a partfe~arse~reeor medfffeetfen becomes

a

major statfenary se~reeor major

rnodfffeetfen

vfrtt~e

fri any enforeeab~eHrnftatfon whfeh estabHehes

a

speefffe standard for that eo~ree

emft

poHtitant,-

thfs

S~bpert

shaH

app3y

the

eo~ree er

medfffeatfon

though

eenstr~etferihad riot yet eommeneed~

a)

 No person shall

 cause or

 allow the operation of

 a source

so

as

 to exceed

 any enforceable limitation which affects

defines

the

applicability

the

requirements

this

Part

stationary

source

modification

specifying

the

permissible

emission

rate,

operating

hours,

the

type

amount

material

processed,

stored

or combusted,

 or other aspects

 of source operation.

such

time

that

particular

source

modification

becomes

 a major stationary source or major modification

solely

virtue

relaxation

in,

expiration

of,

any enforceable limitation which was established after

August

7,

 1980 on the capacity of the source or

modification otherwise

 to emit

 a pollutant,

 such

as

a

restriction on hours

 of operation,

 then

 the requirements

of

 this Part shall apply as

 though construction

 had not

yet commenced on the source or modification.

(Source:

 Amended

at

11

 Ill.

Reg

 effective

______________

Section 203.211

 Permit Exemption Based on Fugitive Emissions

The provisions of this Part shall not apply to

 a source or

modification that would be

 a major

 stationary source or

 major

modification only if fugitive emissions,

 to the extent

quantifiable,

are

considered

calculating

the

potential

emit

of the stationary source or modification and the source does not

belong

 to any of the categories enumerated

 in Section 203.206(c).

(Source:

 Added

at

 11 Ill.

 Reg.

_____,

effective

_____________)

SUBPART C:

 REQUIREMENTS FOR MAJOR STATIONARY

SOURCES

 IN NONATTAINMENT AREAS

Section 203.301

 Lowest Achievable Emission Rate

a)

 For any source, lowest achievable emission rate

 (LAER)

will be the more most stringent

rate of emissions based

on the following:

83—178

—25—

1)

 The fewest most stringent emission limitation which

contained

the

implementation

plan

any

state

for

such

class

category

stationary

source,

unless

it

 is demonstrated

 that such

limitation

not

achievable;

The

~eweet

most

stringent

 emission limitation which

is achieved

 in practice or

aehfevab~e

such

class

 or category of stationary source.

or

 This

limitation,

 when applied

to

 a modification, means

the lowest achievable emissions rate

 for the new or

modified emissions

 units within the stationary

source.

 In no event

 shall the application of this

term permit

 a proposed new or modified stationary

source

 to emit any pollutant in excess

 of the

amount allowable under an applicable new source

performance standard adopted

 by USEPA pursuant to

Section 111

 of the Clean Air Act and made

appllicable

 in Illinois pursuant to Section 9.1

of

the Act.

3+

 The appHeab~enew so~reeperformance standard

eoritafned

 fri 35 ~H-~ Adm-- Code

 238--

b)

 The owner

 or operator of

 a new major stationary source

shall demonstrate that the control equipment and process

measures applied

 to the source will produce LAER.

c)

 The owner or operator of

 a major modification shall

demonstrate that the control equipment and process

measures applied

 to the major modification will produce

LAER.

 This requirement applies to at each emissions

so~reeunit

 at which

 a net sfgnff4eant increase

in

emissions of the pollutant has occurred or would

 occur

as

 a result of

 a physical change or change

 in the method

of operation.

d)

 The owner

 or operator shall provide

 a detailed showing

that the proposed emission limitations constitute

L~ER.

 Such demonstration shall

 include:

1)

 A description of the manner

 in which the proposed

emission limitation was selected, including

a

detailed listing of information resources,

2)

 Alternative emission limitations, and

3)

 Such other reasonable information as the Agency may

request

 as necessary to determine whether the

proposed emission limitation

is

 LAER.

(Source:

 Amended at

11

 Ill.

 Beg.

 effective

83—179

—26—

Section 203.302

 Maintenance

 of Reasonable Further Progress and

Emission Offsets

a)

 Per partfe~3atematter~s~f~rdfe~fde,-riotrogen oxfdes,-

or carbon mone~fdeemfesfons tThe owner

 or operator of

a

new major source or major modification shall provide

emission offsets equal

to

 or greater

 than the allowable

emissions from the source or

 the net increase

in

emissions from the modification sufficient to allow the

Agency to determine demenstrate that the source or

modification will not interfere with reasonable further

progress.

 by rneetfng one

 of the feHowfng

 regttfremerits--

i-)-

 Prevfdfng eg~a~or greater emfesfori offsets for the

aHowab~eemfesferis

from

the

se~ree

the

net

frierease

 fri emfesfone from the modfffcatfeny and

demoristratfrig that aet~a~average aft g~a~ftywfH

be fmproved

 fri the rionattafriment area and that at

no ~oeetfen w4H

 the fmpact e~eeedthe sfgnfffcant

aft g~aHty 4mpaet 3eve~scontafned

fri

 Seetfori

2-)

 Bemeristratfrig that

aft

~a3fty

 fn the rioriattafrirnent

area w4H

 be fmproved at every ~eeatf on affected by

the

new

major

se~tee

rnedfffeatferiy

bartfrig

the

t~seof dfspetsfon

 erihancemerit teehrif~es- or

 Prevfdfng

 fri the fmrnedfate vfefnfty of the sotiree

or

 rnedfffeatfori eet~a3emfesfon offsets

 at a ratfo

of

~-25~4

 or greater

 -(-f--e~7for each ton of

mew

aHowab~e emfssforis7

there

 shaH

 be at 3east ~-2S

tens of act~a~emfesfon

 offsets)- provfded that

staek

or

 emfesfori parameters do

 riot fridfeate a

sfgnf?fearit adverse effect on aft g~aHty fri

accordance wfth Sectfon

 283--384+d-)-,- dt~eto the

operatfori of the so~reeor modfffcatfori--

b-)

Pet

 otgarifc materfa~ernfeefonsy the owner or operator of

a new major

 sot~treeor major medfffeatfon shaH

demonstrate that ft does

 riot friterfere wfth reasoriab~e

f~rtherprogress by provfdfrig aett~a3emfesfon offsets

fri

e~eessof the aHowab~eernfseforie from the new so~ireeor

the net fricrease

 fri emfssferis from

the

 modfffeatfon~

b)

 The Agency shall allow the use

 of all

or

 some portion

of

the available growth margin

 to satisfy subsection

(a)

if

the owner

 or operator can show that the possible sources

of emission offsets were investigated and none were

reasonably available at that time.

(Source:

 Amended

at

11

 Ill.

 Reg.

 effective

)

83—180

—27—

Section 203.303

 Baseline and Emission Offsets Determination

a)

 An emission offset must be obtained from

 a source

in

operation

prior

the

permit

application

for

the

new

modified source.

 Emfssferi offsets can be ebtafried from

statforiary

f~gftfve

eo~rees~

Emission

offsets

must

be effective prior

 to start—up of the new or modified

source.

b)

 The emission offsets provided mt~st:

1)

 Must Bbe of the same pollutant and

 further be of

a

type

 with approximately the same qualitative

significance

 for public health and welfare

 as that

attributed

 to the increase from

fri

 a particular

change;

2)

 In the case of

 a shutdown, must have occurred since

April

24,

1979

the

date

the

area

designated

the

USEPA

nonattainment

area

for

the

pollutant,

whichever

recent,

and

the

shutdown source

 is being replaced by

 a similar new

source; and must,

 in the case of

 a fuel combustion

source,

 be based

 on the type of fuel

 being burned

at the time the permit application

 is filed,

 and,

if offset

is

 to be produced by

 a future switch to

a

cleaner

 fuel, be accompanied by

 a demonstration

that long—term supplies

 of the clean

 fuel are

available and

 a commitment

to

 a specified

alternative control measure which would achieve

the

same degree of emission reduction

 if return of the

dirtier

 fuel

 is proposed

3)

 Must,

 in the case of

 a shutdown of

 a source or

permanent curtailment of production

 or operating

hours occurring on or after

 the date

 a permit

application

 is filed

for

 a new or modified source,

have

been

made

known

the

affected

work

force

4)

 Must,

 in the case of

 a past shutdown of

 a source or

permanent

curtailment

production

operating

hours,

have

occurred

since

April

24,

1979,

the

date

the

area

 is designated

 a nonattainment area

for

 the pollutant, whichever

 is more recent,

and

the proposed new or modified source must be

replaced for

 the shutdown

 or curtailment

3)-5)

 Must Bbe enforceable by permit--

;

and

Must

not

have

 been previously relied on,

as

demonstrated

the

Agency,

issuing

any

permit

83—181

—28—

pursuant

to

 35 Ill.

 Adm.

Code 201.142

 or 201.143

or

this Part,

 or for demonstrating attainment

or

reasonable further progress.

c)

 The baselines for determining emission offsets are

as

follows:

i-)-

 For partfeü3ate matter

 -(-TSP-)-7 st~3furdfe~fde-(-SC~

+r ri4trogen ofde

 -fN9~-)- arid carbon mono~fde

*ee,-3

the eppHeeb3e emfee4on 3fmft eentafned

 fri thfs

?hapter7

thfs

rate

±s greater

than

the

t~ricentro33edemfsefen rater the base3fne shaH

be

the

~rieontreHed

rate--

~+

 Except for orgarife mater4a3y ff no emfssfon rate 4s

contafried

 fri thfs Chapter,- the baseHne shaH

be

the aet~a3emfesfori rete~-

1)

 Except as provided

 in subsection

 (2), the baseline

for determining the extent

 to which emission

reductions are creditable as offsets shall

 be the

actual emissions of the

source

from

which

the

offset

 is to be obtained, to the extent they are

within any applicable emissions limitations of this

Chapter

or

 the Act or any applicable standards

adopted by

 tJSEPA pursuant to

 Section 111 and

 112 of

the Clean Air Act.

2)

 If the demonstration of reasonable further progress

and attainment of ambient air quality standards

approved by USEPA pursuant to Section

 ll0(a)(2)

or

llO(a)(3)

 of the Clean Air Act

 is based on the

applicable emission limitations of

 this Chapter or

the Act or any applicable standards adopted by

USEPA pursuant to Section 111 and 112 of

 the Clean

Air Act for sources within

 an area,

 and the source

from which the offset

 is to be obtained

 is subject

to such limitations, the baseline for offsets shall

be the lesser

 of such limitation or the potential

to emit of the source.

 The base~4rie

for

organfe

materfa3

shaH

the

~esser

the

aett~e~ or

aHewab3e

emfesfori

rate-v

d)

 The location of emfssfen sources providing the emission

offsets:

~+

For

 TSPp- S93~NCR,-

or

 CC,- must be e~gnfffearit

eentrfb~tereto or 3eeated

 fri the

 rieriattafrimerit

area affected by the new

 or modfffed eo~reei-or

63—182

—‘~9—

1)

 Must,

 for particulate matter, sulfur dioxide and

carbon monoxide,

be

 suon that,

 relative to

 the site

of the proposed new

 or modified source,

the

location of tne offset,

 together with

 its eftective

stack height,

 ensures

 a positive net air quaity

benefit.

 This snali

 oe demonstrated

 by atmospheric

simulation modeling,

 unless

 the sources providing

 the offset

 are on

 tne same premises

or

 in tne

immediate vicinity of

 tne new

 or modified source

and

 the pollutants disperse

 from substantially the

same effective stack height.

 In determining

effective stack height,

 credit

 shall not

 be given

for dispersion ennancement

 techniques.

 Tne owner

or

 operator

of

 a proposed new

 or modified source

shall perform the appropriate analysis to

demonstrate

 the acceptability

 of the location

of

an

offset,

the

Agency

declines

 make sucn

analysis.

2)

 Per erganfe mater4a~,-muse be ~oeated wfthfn H~

mf~es of

the new or modf?fed ae~reeT ~f

the

appHeant ean demonstrate

 ~s4ng generaHy aeeepted

aft g~aHty

mede~s,-

triat the effeet

 of the proposed

offsets en afr g~a±ftyfa at ‘east as great as

the

eo~ree

t~e offsets

was

wftnfn

t~e

*92

mf+e

radf~s7these effsets shaH be aeeeptab*e-

 Must,

for nitrogen oxides,

be

in

 the general vicinity of

the proposed new or modified source.

3)

 Must,

 for volatile organic

 compounds,

be

 in the

broad viciniLy

of

 the proposed new or modified

source;

that

is,

offsets

must

obtained

from

within

 the Air ~uality

 Control Region of

 the new or

modified

 source,

 or from other

 areas which may be

contributing

 to the ozone problem at

 the site

of

the new or modified source.

e)

 Replacement of one volatile

 organic compound with

another

 of lesser

 reactivity does

not constitute

an

emission reduction.

(Source:

 Amended

at

11

 Ill.

 Rey.

______,

 effective

______________

Section 203.304

 Exemptions

from Emissions Offset Requirement

(Repealed)

a)-

 The Agency shaH cHew

the ~se of a** or some portfon

of

the avaf*ab*e growth margfn

to satfs?y Seetfon 293--&82

*+

 The owner or operator can st~owthat pessfb*e

se~rees

emfssfon

offsets

were

fnveetfgated

and

none were reasonab*y a~af*ab*e

at that

 tfme,- and

83—183

—30—

2-)-

The

owner

operator

agrees

permft

eoridftferis em a** futhre permfts for the source or

modfffeatfon deefgned to provfde the req~fred

emfeefori offset at the ear*feet f~t~retfme s~eh

offsets become reasenab~yavaab*e-~

b-)-

 Seetfon 283-382 shaH not app*y to

 a major statfonary

so~reeor major modfffeatfon

ff

the

emfssfons

from

the

so~ree7or the net emfssfons frierease from the

modfffeatfon wo~*dbe temporary, that

 fs,- exfstfng for a

perfod

tfme

 *055

than

two

years-c

c+

 Seetferi 2G~382+a-)-shaH

 riot app*y to a major

 statforiary

so~reeor major modfffcatfori ff an afr g~a*ftyana*ysfs

~how~ ft

 fs 4ocated

 fri a portfori of a

 gfveri

rioriattafrtmerit

area

where

the

aft

~a*fty

standards

are

riot

bef

 rig vfo*ated

 arid ft

wf**

riot

eat~se an

fmpaet

fri

the

area

fri

whfeh

aft

g~a*4ty

standards

are

befng

vfo*ated greater than the sfgnfffcarit aft g~a*fty fmpect

 -3eve*s

 fri s~bseetfen-(-d+-~- S~ehan aria*ysfs shaH

be

based upon dfspersfon mede*frig arid aft

g~a*fty

morifter4

rig

performed

 by the Agency or

 fri accordance wfth

Agency preeeth~res

purs~aritto ~!~Rt~*es

for

the

Performance

of Aft ~e*fty

 ~mpaet Ana*ysee to be Used

 fri Support of

Permft App*featfo&~arid ~ZLR~*esRegardf

rig

S~bmfssfori of

Ambfent Aft et~a*4ty~riformatforiGbtafned from Arnbfent

Aft

~a*fty

Moriftors

under

the

Centro*

Permft

as ?f*ed wfth the Secretary of State

fri

Becember7

*9~--

The

date

when

the

ernfssferi

offset

reg~frements

may

restrfcted

*fmf ted

part

the

rionattafriment area fe the date that s~eharia*ysfs fa

eemp*eted by the

Agency or the date st~ehana3ysfs fe

approved by the Ageriey,-

 arid redesfgriatfon of the area

where the major so~reeor major modfffeatfon

 to be

*ecated fa t~riderfedera* revfew-~-

~f the emfssfons from a

major

statfonary so~reeor major

medfffeatfori are demonstrated to be greater than the

 foHewfrig *eve*s7 e~emptfonpttrst~aritto et~bseetfori -(-e-)-

fs not avaf*ab*e for the major statforiary

 sottrce or

major

mod4ffeatfori-

Sp~F~e~eE~E~EbS

Pollutant

 Ariri~~*

24—Hot~r

 ~—He~r

 3—Hoer

 3—Hoer

592

 eg/m3

S

 eg7’rn3

TSP

~9

 eg/m3

 S eg,’m3

mg/m3

83—184

—31—

e-)-

 Seetfon

 293-392-(-a-)- shaH

 riot app*y to a major statfomary

soeree or major medfffcatfori for partfee*ate matter 4f

w4*3

3oeated

fri

area

whfeh

meets

the

fo**owfng

erfter4a~

3+

 The area fs an attafrimerit area for the prfmary

tota* suspended

partfeu*ate

 aft gea*fty

 staridard-~

2-)-

 The area fe

 *aekfrig reasomab*y avaf*ab*e

 emfssfori

offsetsi~

3+

 The aft gua*fty

 of the area fe domfriated

 by egrf—

ee*tura3 and re*ated fugftfve poHutarit soerees~-

4+

 The area

*aeks

major

fndestrfa*

deve*opmeriti-

arid

The

area

*0w

urban

popu*atfon

densfty-c

(Source:

 Repealed

at

11

 Ill.

 Reg.

_____,

 effective

______________

Section

203.305

 Compliance by Existing Sources

The owner

 or operator shall demonstrate

 that all major stationary

sources which

he

she

owns

operates

(or

which

are

owned

operated by any entity controlling

or

 controlled by,

 or under

common control, with the owner

or

operator)

 in Illinois are

in

compliance,

 or on a schedule for compliance, with all applicable

state and federal air pollution control

 requirements.

For

purposes of

this Section,

 a schedule for compliance must be

federally enforceable or contained

in

 an order

 of the Illinois

Pollution Control Board

or

 a court decree.

(Source:

 Amended

at

 11 Ill.

 Beg.

 effective

______________

Section 203.306

 Analysis of Alternatives

For emission of volatile organic compounds erganfe materfa*

or

carbon monoxide, the owner or

 operator shall demonstrate that

benefits of the new major source or major modification

significantly outweigh the environmental and social costs imposed

as

 a result of its location, construction, or modification, based

upon

 an analysis of alternative sites, sizes, production

processes,

 and environmental control

 techniques

 for such proposed

source.

(Source:

 Amended

at

 11 Ill.

 Reg.

______,

 effective

___________

SUBPART

F:

 OPERATION OF A MAJOR STATIONARY SOURCE

OR MAJOR MODIFICATION

Section

203.601

 Lowest Achievable

 Emission Rate Compliance

83—185

—j4—

Requirement

No person shall

 cause or allow tne operation

of

 a new major

stationary source

 or major modification

 subject

 to the

eonstruetfon requirements

 of Subpart

C,

 except as

in

 compliance

with applicable LAER provisions established pursuant

 to Section

203.301

 for such source or modification.

(Source:

 Amended

at

11

 Ill.

 Beg.

_____,

 effective

______________

Section 203.602

 Emission Offset Maintenance Requirement

No person shall

 cause or

 allow

 tne operation of

 a new major

stationary source

 or major modification where

 the owner

or

operator has whfeh ±sre~efredto demonstrated

 that

 it would not

interfere with reasonable further progress, by

providingy or

whfeh

must

 frie3ede emission offsets

 fri a demertstratfem pursuant

to Sections 203.302

 arid 283--323 without maintaining those

emission offsets or other equivalent

 offsets.

(Source:

 Amended

at

 11 111.

 Reg.

_____,

 effective

_____________

Section 203.603

 Ambient Monitoring Requirement

 (Repealed)

The owner or

 operator of

 a new statferiary source or major

medfffeatferi shaH conduct such ambfent men±ter-±ng

 as the Agency

45 reasonab3y necessary to estab3fsh

t~eeffect of the

emfasferis from the source er modfffeetfori em ambfent aft gua3fty

fri

the area--

(Source:

 Repealed

at

11

 Ill.

 Reg.

____,

 effective

____________

SUBPART

G:

 GENERAL MAINTENANCE OF

EMISSION OFFSETS

Section

203.701

General

Maintenance

Emission

Offsets

No person shall

 cease

 to maintain emission offsets which were

provided

for

source

modification

which

subject

this

Part.

(Source:

 Added

 at 11

 111.

 Beg.

_____,

effective

______________

IT IS SO ORDERED.

83—186

—33—

Dorothy

Gunn,

Clerk

the

 Illinois Pollution Control

Board,

hereby

certify

that

the

above

 Proposed Opinion and Order

was adopted on

the

 ~5~-

 day of ~

-r~~1.e.t1

1987

a

vote

of

_________________

Dorothy M.

 Gunn,

 Clerk

Illinois Pollution Control Board

83—187