ILLINOIS POLLUTION CONTROL BOARD
September 23,
1993
IN THE MATTER OF:
)
ANENDMENTS TO THE RULES
)
FOR CLEAN AIR ACT PERMIT
)
R93-24
APPEALS AND HEARINGS
)
(Rulemaking)
PURSUANT TO SPECIFIC RULES
35
ILL. ADN.
CODE PARTS
)
105
AND
106.
)
Proposed Rule.
First Notice.
OPINION AND ORDER OF THE BOARD
(by G.
T.
Girard):
On September 14,
1993, the Illinois Environmental Protection
Agency
(Agency)
filed this proposal for rulemaking.
The proposal
is intended to address permit appeals under the Clean Air Act and
procedures for review of emissions limitations for a proposed
case—by--case MAct determination pursuant to Section
112 of the
Clean Air Act.
The proposal represents one part of Illinois’
submittal of a complete state implementation plan
(SIP).
Pursuant to Section 502(d)
of the Clean Air Act,
as amended
in
1990,
Illinois
is to adopt and submit its permit program by
November 15,
1993.
This proposal was filed pursuant to Section 28.5 of the Act
and is accepted for hearing.
(P.A.
87—1213, effective September
26,
1992;
415 ILCS 5/28.5.)
Pursuant to the provisions of that
section the Board
is required to proceed within set time-frames
toward the adoption of this regulation.
The Board has no
discretion to adjust these time-frames under any circumstances.
Therefore,
the Board acts today to send this proposal to first
notice under the Illinois Administrative Procedure Act without
commenting on the merits of the proposal. The following schedule1
indicates the deadlines by which the Board must act under the
provisions
of Section 28.5:
First Notice
on or before September 28,
1993
First Hearing
on or before November
8,
1993
Second Hearing on or before December
8,
1993
Third Hearing
on or before December 22,
1993
Second Notice
on or before January 22 or February 11,
1994
Final Filing
21 days after receipt of JCAR certification
of no objection
This schedule includes a second and third hearing which may
be cancelled
if unnecessary.
Hearings will be continued from day
to day as necessary to complete the subject matter established by
statute for each set of hearings.
2
The Agency has filed
a motion asking that the Board waive
several requirements which govern the filing of
a regulatory
proposal.
Specifically, the Agency asks that it be allowed to
submit the original and five complete copies of the proposal and
four partial copies of the proposal,
rather than the original and
nine complete copies to the Board.
Further, the Agency asks that
it not be required to supply the Attorney General or the
Department of Energy and Natural Resources with a complete copy
of the proposal.
Lastly, the Agency asks that
it not be required
to submit documents which are readily available to the Board on
which the Agency will rely at hearing.
The Board grants the
Agency’s motion.
In the interest of administrative economy, the Board directs
the Hearing Officer to verify that the persons
on the Notice List
in this proceeding wish to continue to receive mailings in this
proceeding.
ORDER
The Board directs the Clerk to cause the filing of the
following proposal for First Notice in the Illinois Register:
TITLE 35:
ENVIRONMENTAL PROTECTION
SUBTITLE A:
GENERAL PROVISIONS
CHAPTER
I:
POLLUTION CONTROL BOARD
PART 105
PERMITS
Section
105.101
setting Standards
105.102
Permit Appeals
105.103
Permit Review
105.104
Cost of Review
Appendix: Old Rule Numbers Referenced
AUTHORITY:
Authorized by Section 26
of the Environmental
Protection Act
(Ill.
Rev.
Stat.
19791991,
ch.
111½,
par.
1026)
415
ILCS 5/261
and implementing Sections 5,
39,
39.5. 40~a-~~
40.1 and 40.2
of the Illinois Environmental Protection Act
(Ill.
Rev.
Stat.
19791991,
ch.
111½,
pars.
1005,
1039,
1040 and 1040.1,
as amended by P.A.
82-682,
P.A.
87-1213. effective September 26,
1992, and P.A.
88—464,
effective August 20,
1993)
1415 ILCS 5/5~,
39,
39.5,
40, 40.1 and 40.23.
SOURCE:
Filed with Secretary of State January
1,
1978; amended
4
Ill. Reg.
52, page 41, effective December
11,
1980;
codified
6
Ill. Reg.
8357; amended
in R93—24
at
—
Ill.
Reg.
_________
effective
3
NOTE:
Capitalization denotes statutory language.
Section 105.102
Permit Appeals
a)
Permit A~ppea1sOQther than NPDES
(National Pollutant
Discharge Elimination System)
and CAAPP (Clean Air Act
Permit Program) Ppermit A~ppeals:
1)
If the Agency denies the permit,
it shall advise the
permit applicant in writing in accordance with the
requirements of Section 39(a)
of the Environmental
Protection Act
(Act).
2)
In the case of
a denial of a permit or issuance by the
Agency of
a permit with one or more conditions or
limitations to which an applicant objects,
an applicant
who seeks to appeal the Agency decision shall file a
petition for a hearing before the Board within 35 days
of the date of mailing of the Agency’s final decision.
The petition shall include:
A)
Citation of the particular standards under which a
permit
is sought;
B)
A complete and precise description of the
facility,
equipment,
vehicle,
vessel,
or aircraft
for which a permit
is sought,
including its
location;
C)
A complete description of contaminant emissions
and of proposed methods for their control; and
D)
Such other materials as may be necessary to
demonstrate that the activity for which the permit
is sought will not cause a violation of the Act or
the regulations.
3)
The method of filing service shall be in accordance
with Sections 103.122 and 103.123.
4)
The Agency shall appear as respondent
in the hearing
and shall, within
14 days, upon notice of the petition,
file with the Board the entire Agency record of the
permit application,
including:
A)
The application;
B)
Correspondence with the applicant,
and
C)
The denial.
4
5)
The Clerk shall give notice of the petition and hearing
in accordance with Part
103.
6)
The proceedings shall be
in accordance with the rules
set forth in Part
103.
b)
NPDES Permit Appeals:
1)
If the Agency denies an NPDES Permit,
it shall advise
the permit applicant in writing in accordance with the
requirements of Section 39(a)
of the Act.
2)
In the case of the denial of an NPDES Permit or the
issuance by the Agency of an NPDES Permit with one or
more conditions or limitations to which the applicant
objects, the applicant may contest the decision of the
Agency by filing with the Clerk of the Board a petition
for review of the Agency’s action in accordance with
this Section.
3)
Any person other than the applicant who has been a
party to or participant at an Agency hearing with
respect to the issuance or denial of an NPDES Permit by
the Agency,
or any person who requested such a hearing
in accordance with applicable rules, may contest the
final decision of the Agency by filing with the Clerk a
petition for review of the Agency’s action.
4)
The petition shall
be filed and notice issued within 30
days from the date the Agency’s final decision has been
mailed to the applicant and all other persons who have
right of appeal.
The method of filing and service
shall be
in accordance with Sections 103.122 and
103.123.
5)
The Agency shall appear as respondent and shall file an
answer consisting of the hearing file of any hearing
which may have been held before the Agency,
including
any exhibits, and the following documents: NPDES Permit
application,
NPDES Permit denial or issuance letter,
and all correspondence with the applicant concerning
the appliOation
6)
All parties other than the petitioner who were partied
to or participants at any Agency hearing shall be made
respondents.
7)
The petition shall contain a statement of the decision
or part thereof to be reviewed.
The Board upon motion
of any respondent shall,
or upon its own motion may,
require of the petitioner
a specification of the errors
upon which the petitioner relies
in his petition.
5
8)
The hearings before the Board shall extend to all
questions of
law and fact presented by the entire
record.
The Agency’s findings and conclusions on
questions of fact shall
be prima facie true and
correct.
If the Agency’s conclusions of fact are
disputed by the party or if issues of fact are raised
in the review proceeding,
the Board may make its own
determination of fact based on the record.
If any
party desires to introduce evidence before the Board
with respect to any disputed issue of fact,
the Board
shall conduct a de novo hearing and receive evidence
with respect to such issue of fact.
9)
This proceeding shall be
in accordance with Part
103.
10)
The order of the Board entered pursuant to hearing may
affirm or reverse the decision of the Agency,
in whole
or in part, may remand the proceeding to the Agency for
the taking of further evidence,
or may direct the
issuance of the permit in such form
as it deems
just,
based upon the law and the evidence.
~j
CAAPP Permit Appeals:
fl
The definitions of
35 Ill.
Adm. Code 101.101 and
Section 39.5
of the Environmental Protection Act
(P.A.
87—1213, effective September 26,
1992)
f415 ILCS
5/39.51
(“Act”)
shall apply to this subsection.
21
If the Agency denies
a CAAPP permit, permit
modification or permit renewal,
it shall provide to
USEPA,
the permit applicant and, upon reguest, affected
States, any person who participated
in the public
comment process and any other person who could obtain
judicial review under Sections 40.2 and
41 of the Act
a
copy
of each notification
of denial pertaining to the
permit applicant.
~j
In the case of
a denial of
a CAAPP permit,
including a
permit revision or permit renewal,
or a determination
of incompleteness by the Agency regarding
a submitted
CAAPP application,
or the issuance by the Agency of
a
CAAPP permit with one or more conditions or
limitations,
or the failure of the Agency to act on an
application for a CAAPP permit, permit renewal,
administrative permit amendment
or significant permit
modification within the time frames specified
in
Section 39.5(5)
(j)
or Section 39.5(13)
of the Act,
as
applicable,
or the failure of the Agency to take final
action within 90 days of receipt
of an application
requesting minor permit modification procedures
(or 180
days for modifications sub-ject to group processing
6
requirements) pursuant to Section 39.5(14)
of the Act,
to which the applicant,~anyperson who participated
in
the public comment process pursuant to Section
39.5(8)
of the Act, or any other person who could obtain
judicial review pursuant to Section
41(a)
of the Act
objects, such persons may contest the decision of the
Agency by filing with the Clerk of the Board
a petition
for review of the Agency’s action in accordance with
this Section.
j)
For purposes of this subsection,
a person who
p~rticipated in the public comment process
is someone
who,
during the public comment period,
either commented
on the draft permit,
submitted written comments,
or
reguested notice of the final action on
a specific
permit application.
~j
The petition filed pursuant to subsection
(c) (3) above
shall be filed within 35 days of the Agency’s final
permit action.
Notwithstanding the above,
if the
petition is based solely on grounds arising after the
35-day period expires, the petition may be filed within
35 days after the new grounds for review arise.
If the
applicant is challenging the Agency’s failure to timely
take final action pursuant to Section 39.5 of the Act,
the petition shall
be filed before the Agency takes
such final action.
Under no circumstances,
however,
‘may a petition challenging the final permit action on a
Phase II acid rain permit be filed more than 90 days
subsequent to such final permit action.
~j
The petition shall include:
~J
A concise description of the CAAPP source for
which the permit
is sought
~j.
A statement of the Agency’s decision or part
thereof to be reviewed
~j
A -justification as to why the Agency’s decision or
part thereof was
in error;
and
Qj
Such other materials upon which the petitioner
relies
in its petition.
fl
The petition may include
a request to stay the
effectiveness of a denial of the CAAPP permit until
final action
is taken by the Board pursuant to Section
40.2
of the Act.
fi
The Agency shall appear
as respondent at the hearing
and shall
file,
within
30 days after service
of the
7
petition,
an answer consisting of the entire Agency
record of the CAAPP application including the CAAPP
permit application,
the hearing record, the CAAPP
permit denial or issuance letter,
and correspondence
with the applicant concerning the CAAPP permit
application.
~j
The Clerk shall give notice of the petition and hearing
in accorc~ancewith Part 103.
IQI
The proceeding
shall be conducted
in accordance with
Part
103.
j~j’ THE AGENCY SHALL NOTIFY USEPA,
IN WRITING, OF ANY
PETITION BROUGHT UNDER THIS SUBSECTION INVOLVING A
PROVISION OR DENIAL OF A PHASE II ACID RAIN PERMIT
WITHIN
30 DAYS OF THE FILING OF THE PETITION.
USEPA
NAY
INTERVENE AS A MATTER OF RIGHT
IN ANY SUCH HEARING.
THE AGENCY SHALL NOTIFY USEPA,
IN WRITING,
OF ANY
DETERMINATION OR ORDER IN A HEARING BROUGHT UNDER THIS
SUBSECTION THAT INTERPRETS,
VOIDS, OR OTHERWISE RELATES
TO ANY PORTION OF A PHASE II ACID RAIN PERMIT.
(Section 40.2(e)
of the Act as amended by P.A.
88—464,
effective August 20,
1993.)
(Source:
Amended at
—
Ill. Reg.
_________,
effective
TITLE 35:
ENVIRONMENTAL PROTECTION
SUBTITLE A:
GENERAL PROVISIONS
CHAPTER I:
POLLUTION CONTROL BOARD
PART 106
HEARINGS PURSUANT TO SPECIFIC RULES
SUBPART
A:
HEATED EFFLUENT DEMONSTRATIONS
Section
106.101
Petition
106.102
Requirements for Petition
106.103
Parties
106. 104
Recommendation
106.105
Notice and Hearing
106. 106
Transcripts
106.107
Opinion and Order
SUBPART B:
ARTIFICIAL COOLING LAKE
DEMONSTRATIONS
Section
106.201
Petition
106.202
Notice and Hearing
8
106.203
Transcripts
106.204
Effective Date
SUBPART
C:
SULFUR DIOXIDE DEMONSTRATIONS
Petition
Requirements for Petition
Parties
Recommendation
Notice and Hearing
Transcripts
Petition
(Repealed)
Notice of Petition
(Repealed)
Recommendation
(Repealed)
Response (Repealed)
Public Comment
(Repealed)
Public Hearings
(Repealed)
Decision
(Repealed)
Appeal
(Repealed)
Scope of Applicability
Joint or Single Petition
Request to Agency to Join as Co-Petitioner
Contents of Petition
Response and Reply
Notice and Conduct of Hearing
Opinions and Orders
SUBPART E:
AIR ADJUSTED STANDARD PROCEDURES
Section
106.501
Scope and Applicability
106.502
Joint or Single Petition
106.503
Request to Agency to Join As Co-Petitioner
106.504
Contents of Petition
106.505
Response and Reply
106.506
Notice and Conduct of Hearing
106.507
Opinions and Orders
SUBPART F:
WATER WELL SETBACK
EXCEPTION PROCEDURES
Scope and Applicability
Contents of Petition
Response and Reply
Notice and Conduct of Hearing
SUBPART
D:
RCRA ADJUSTED STANDARD
PROCEDURES
Section
106. 301
106.302
106.303
106.304
106.305
106.306
Section
106.401
106. 402
106.403
106.404
106.405
106.406
106. 407
106.408
106.410
106.411
106.412
106.413
106.414
106.415
106.416
Section
106.601
106.602
106.603
106.604
9
106.605
Opinions and Orders
SUBPART G:
ADJUSTED STANDARDS
Section
106.701
106.702
106.703
106.704
106.705
106.706
106.707
106.708
106. 709
106. 710
106.711
106.712
106.713
106.714
106. 715
106.801
106.802
106.803
106.804
106.805
106.806
106.807
106.808
106.901
106.902
106.903
106.904
106.905
106.906
106.907
Applicability
Definitions
Joint or Single Petition
Request to Agency to Join As Co—Petitioner
Petition Contents
Petition Verification
Federal Procedural Requirements
Incorporated Material
Motions
Service of Filings
Petition Notice
Proof of Petition Notice
Request for Public Hearing
Agency Response
Amended Petition and Amended Response
Hearing Scheduled
Hearing Notice
Pre-hearing Submission of Testimony and Exhibits
Discovery
Admissible Evidence
Order of Hearing
Post—hearing Comments
Burden of Proof
Board Deliberations
Dismissal of Petition
Board Decision
Opinion and Order
Appeal of Board Decisions
Publication of Adjusted Standards
Effect of Filing
a Petition
SUBPART
H:
REVOCATION AND REOPENING OF CLEAN AIR ACT PERMIT
PROGRAM
(CAAPP)
PERMITS
Section
106.910
106.911
106.912
106.913
106.914
106.915
106.916
A~pplicability
Definitions
Petition
Response and Reply
Notice and Hearing
Opinion and Order
USEPA Review of Proposed Determination
SUBPART
I:
MAXIMUM
ACHIEVABLE CONTROL TECHNOLOGY DETERMINATIONS
Section
106.920
________________
Applicability
10
106.921
Definitions
106.922
Petition
106.923
Response and Reply
106.924
Notice and Hearing
106.925
Opinion and Order
Appendix A:
Old Rule Numbers Referenced
AUTHORITY:
Implementing Sections
5,
14.2(c),
22.4,
27, 28~ai~4
28.1,
28.5 and 39.5 and authorized by Section~26 and 39.5 of the
Environmental Protection Act
(Ill.
Rev. Stat.
19871991,
ch.
111½,
pars.
1005,
1014.2(c),
1022.4,
1027,
1028,
1028.1--~and 1026),
(P.A.
87—1213, effective September
26,
1992,
and P.A.
88—464,
effective August
28,
1993)
1415 ILCS 5/5,
14.2(c),
22.4,
27,
28,
28.1,
28.5,
26 and 39.51.
SOURCE:
Filed with Secretary of State January
1,
1978; amended
at
4 Ill.
Reg.
2,
page
186,
effective December 27,
1979; codified
at
6 Ill.
Req.
8357; amended in R85—22 at
10 Ill. Reg.
992,
effective February
2,
1986; amended
in R86—46 at 11
Ill. Reg.
13457,
effective August 4,
1987; amended
in R82—1 at 12
Ill.
Req.
12484,
effective July 13,
1988;
amended in P.88—10 at 12
Ill.
Reg.
12817,
effective July 21,
1988;
amended in P.88—5(A)
at 13
Ill.
Reg.
12094, effective July 10,
1989; amended in R88—5(B)
at
14
Ill.
Reg.
9442,
effective June
5,
1990; amended in R93—
at
Ill.
Req.
_________,
effective
_____________________
NOTE:
Capitalization denotes statutory language.
SUBPART H:
REVOCATION AND REOPENING OF CLEAN AIR ACT PERMIT
PROGRAM
(CAAPP)
PERMITS
Section 106.910
Applicability
The provisions
of this Subpart shall apply to:
~j
Any revocation proceeding initiated by the Agency when
it determines that there are grounds to revoke and
reissue
a CAAPP permit for cause, pursuant to Section
39.5(15) (b)
of the Environmental Protection Act
(P.A.
87—1213, effective September 26,
1992)
415
ILCS
5/39.5(15) (b)
3
(“Act”)
;
and
~j
Any reopening proceeding
initiated by USEPA when USEPA
determines that there are grounds to terminate or
revoke and reissue
a CAAPP permit for cause, pursuant
to Section 39.5(16)
of the Act.
(Source:
Added at
—
Ill.
Reg.
_________,
effective
Section 106.911
Definitions
11
The definitions of
35
Ill.
Adm.
Code 101.101 and Section 39.5 of
the Act shall apply to this Subpart.
(Source:
Added at
Ill.
Reg.
_________/
effective
Section
106.912
Petition
~j
Agency Revocation Proceeding
fl
A revocation proceeding shall be commenced by the
Agency by its serving a petition for revocation
upon the respondent and filing 10 copies with the
Clerk of the Board.
21
The petition shall include the permit record and
the grounds for the revocation
of the CAAPP
permit.
~j
USEPA Reopening Proceeding
fl
If the Agency receives from USEPA
a notice to
terminate or revoke and reissue
a CAAPP permit for
cause, the Agency shall, within 30 days of receipt
of USEPA’s notice, serve a petition upon the
respondent and file
10 copies with the Clerk of
the Board.
21
The petition shall include USEPA’s obiection,
the
permit record, the Agency’s proposed determination
and the -justification for the proposed
determination.
(Source:
Added at
—
Ill. Reg.
_________,
effective
Section 106.913
Response and Reply
~j
The respondent may file
a response to the Agency’s
petition within 21 days after service
of the petition.
~j
The Agency may file a reply within 21 days after filing
of any response.
(Source:
Added at
—
Ill.
Reg.
_________,
effective
Section 106.914
Notice and Hearing
~j
The Clerk shall give notice of the petition and hearing
in accordance with Part 103.
The proceeding shall be
conducted
in accordance with Part
103.
12
~j
In a
hearinq,
the burden
of proof shall be on the
Agency.
(Source:
Added at
Ill.
Req.
________
,
effective
Section 106.915
ppinion and Order
~j
Agency Revocation Proceeding
fl
The Board shall
issue a written opinion and order
within 120 days after the filing of the petition
that sets forth the Board’s decision and
supporting rationale.
21
If the Board determines that the permit should be
revoked and reissued,
its final order shall direct
the Agency to revoke and reissue the CAAPP permit
consistent with Section 39.5 of the Act.
~j
USEPA Reopening Proceeding
fl
AFTER DUE CONSIDERATION OF THE WRITTEN AND ORAL
STATEMENTS,
THE TESTIMONY
AND ARGUMENTS
THAT SHALL
BE SUBMITTED AT HEARING, THE BOARD SHALL ISSUE AND
ENTER AN INTERIM ORDER FOR THE PROPOSED
DETERMINATION within 120 days after the filing of
the petition,
WHICH SHALL SET FORTH ALL CHANGES,
IF ANY, REQUIRED IN THE AGENCY’S PROPOSED
DETERMINATION.
THE INTERIM ORDER SHALL COMPLY
WITH THE REQUIREMENTS FOR FINAL ORDERS AS SET
FORTH
IN SECTION
33 OF the ACT.
ISSUANCE OF AN
INTERIM ORDER BY
THE
BOARD UNDER THIS subsection
,,,ft),
HOWEVER,
SHALL NOT AFFECT THE PERMIT STATUS
AND DOES NOT CONSTITUTE
A FINAL ACTION FOR
PURPOSES
OF the ACT OR THE ADMINISTRATIVE
REVIEW
LAW.
(Section 39.5(16) (b) (ii)
of the Act as
amended by
P.A.
88-464,
effective August 20,
1993.)
21
THE BOARD SHALL CAUSE A COPY OF ITS INTERIM ORDER
TO BE SERVED UPON ALL PARTIES TO THE PROCEEDING AS
WELL AS UPON USEPA.
THE AGENCY SHALL SUBMIT THE
~RQPOSED
DETERMINATION TO USEPA IN ACCORDANCE WITH
TH1~
BOARD’S INTERIM ORDER WITHIN
180 DAYS AFTER
RECEIPT OF THE NOTIFICATION
FROM USEPA.
(Section
39.5(16) (b) (iii)
of the Act
as amended
by P.A.
88—
464, effective August
20,
1993.)
(Source:
Added at
—
Ill.
Req.
_________,
effective
13
Section 106.916
USEPA Review of Proposed Determination
~j
If USEPA does not object to the proposed determin-
ation within 90 days of receipt, THE BOARD SHALL,
WITHIN
7 DAYS OF RECEIPT OF USEPA’S FINAL APPROVAL
or within
7 days after expiration of the 90—day
period, whichever
is earlier, ENTER THE INTERIM
ORDER AS A FINAL ORDER.
THE FINAL ORDER MAY BE
APPEALED AS PROVIDED BY TITLE XI OF the ACT.
THE
AGENCY SHALL TAKE FINAL ACTION IN ACCORDANCE WITH
THE. BOARD’S FINAL ORDER.
(Section 39.5(16) (c) (i)
of the Act as amended by P.A.
88—464,
effective
August
20,
1993.)
fl
If USEPA objects to the proposed determin-
ation within 90 days of receipt, THE AGENCY
SHALL SUBMIT USEPA’S OBJECTION AND THE
AGENCY’S COMMENTS AND RECOMMENDATION ON THE
OBJECTION TO THE BOARD AND PERNITTEE within
15 days of receipt of USEPA’s objection.
(Section 39.5(16’j(c)(ii)
of the Act as
amended by P.A.
88—464,
effective August 20,
1993.)
21
THE BOARD SHALL REVIEW ITS INTERIM ORDER IN
RESPONSE TO USEPA’S OBJECTION AND THE
AGENCY’S COMMENTS AND RECOMMENDATION AND
ISSUE A FINAL ORDER IN ACCORDANCE WITH
SECTIONS
32 AND 33 OF the ACT within 60 days
of receipt of USEPA’s objection and the
Agency’s comments a~ndrecommendation.
THE
AGENCY
SHALL,
WITHIN
90 DAYS
AFTER RECEIPT
OF
SUCH OBJECTION, RESPOND TO USEPA’S OBJECTION
IN ACCORDANCE WITH THE BOARD’S FINAL ORDER.
(Section 39.5(16)
(C)
(ii)
of the Act as
amended by
P.A.
88—464,
effective August
20,
1993.)
(Source:
Added at
—
Ill.
Reg.
________,
effective
SUBPART I:
MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY DETERMINATIONS
Section 106.920
Applicability
The provisions of this Subpart shall apply to any proceeding
initiated by an owner or operator
of
a CAAPP source pursuant to
Section
39.5(19)
(a)
or
Section
39.5(19)
(e)
of
the
Environmental
Protection
Act
(P.A.
87—1213,
effective
September
26,
1992)
1415
ILCS 5/39.5(19) (a)
,
5/39.5(19) (e)
1
(“Act”)
when the Agency has
refused to include the emission limitation for a case-by—case
maximum achievable control
technology
(“MACT”)
determination
14
proposed by the owner or operator of the CAAPP source in the
source’s CAAPP application.
(Source:
Added at
Ill.
Reg.
_________
,
effective
Section 106.921
Definitions
The definitions of 35 Ill.
Adm.
Code 101.101 and Section 39.5 of
the Act shall apply to this Subpart.
(Source:
Added at
Ill.
Req.
,
effective
Section 106.922
Petition
~j
A proceeding brought under this Subpart shall be
commenced by the owner or operator of
a CAAPP source by
serving
a petition upon the Agency and filing 10 copies
with the Clerk of the Board.
~j
A petition filed pursuant to Sections 39.5(19) (a) and
39.5(19) Ce)
of the Act shall include
a detailed
description of and justification for the emission
limitation that
is being proposed for the source and an
explanation of how such emission limitation provides
for the level
of control required under Section
112 of
the Clean Air Act
(42 U.S.C.
7412).
~j
~petition
filed pursuant to Section 39.5(19) (a)
of the
Act shall also request that the Board establish whether
the emission limitation proposed by the owner or
operator of the CAAPP source provides for the emission
limitation equivalent to the emission limitation that
would apply to the source
if USEPA had promulgated the
applicable emission standard pursuant to Section
112(d)
of the Clean Air Act
(42 U.S.C.
7412(d))
in
a timely
manner.
(Source:
Added at
Ill.
Req.
,
effective
Section 106.923
Response and Reply
~j
The Agency may file
a response to the petition of the
owner or operator within 21 days after service of the
p~tition.
~j
The owner or operator may file
a reply within 21 days
after the filing of any response.
15
(Source:
Added
at
—
Ill.
Reg.
_________
,
effective
Section
106.924
Notice
and
Hearing
~j
The
Clerk
of
the
Board
shall
give
notice
of
the
petition
and
any
hearing
in
accordance
with
Part
103.
The proceeding shall be conducted
in accordance with
Part 103.
~
The burden of proof
in such proceedings shall be on the
petitioner.
(Source:
Added at
Ill.
Reg.
________,
effective
_________________________________ .)
Section 106.925
Opinion and Order
~j
The Board shall issue a written opinion and order
within 120 days after the filing of the petition that
sets forth the Board’s decision and supporting
rationale.
~j
The Board shall determine whether the emission
limitation proposed by the owner or operator of the
CAAPP source or an alternative emission limitation
proposed by the Agency provides for the level of
control required under Section 112 of the Clean Air Act
(42 U.S.C.
7412), or shall otherwise establish an
~ppropriate
emission limitation pursuant to Section
112
of the Clean Air Act
(42 U.S.C.
7412).
(Source:
Added at
—
Ill. Req.
________,
effective
IT IS SO ORDERED.
I,
Dorothy N.
Gunn,
Clerk of the Illinois Pollution Control
Board, do hereby certify that the abov~o~nion and order was
adopted on the
___________
day of
-~L~-’1
,
1993, by a
vote of
/
~
.
I
/;-
.
‘—
/
.
‘-
/
‘1.-
‘~‘
~
.
2
/
~.
Dorothy
M.
~lnn,
Clerk
Illinois
P~1’~lutionControl
Board
