ILLINOIS POLLUTION CONTROL BOARD
April 16, 1998
IN THE MATTER OF:
AMENDMENTS TO GENERAL
PERMITTING PROVISIONS TO REQUIRE
PERPETUAL PERMITS FOR CERTAIN
SOURCES: AMENDMENTS TO 35 ILL.
ADM. CODE 201
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R98-13
(Rulemaking - Air)
Proposed Rule. Second Notice.
OPINION AND ORDER OF THE BOARD (by M. McFawn):
On October 10, 1997, the Illinois Environmental Protection Agency (Agency),
pursuant to Sections 27 and 28 of the Environmental Protection Act (Act) (415 ILCS 5/27, 28
(1996)), filed a rulemaking proposal to amend the Board’s regulations concerning air permits
(35 Ill. Adm. Code 201, Permits and General Provisions). Specifically, the Agency’s
proposal requests that the Board amend certain sections of Part 201 to provide for perpetual
permits for air emission sources that emit 25 tons or more per year and are not subject to
Section 39.5 of the Act (415 ILCS 5/39.5 (1996)) or required to obtain a federally enforceable
State operating permit. On October 16, 1997, the Board adopted an order accepting the
Agency’s proposal for hearing and granting the Agency’s motion to expedite proceedings.
Due to stringent timeframes for adopting these proposed rules, the Board sent this matter to
first notice under the Illinois Administrative Procedure Act (APA) (5 ILCS 100/5-5
et seq.
(1996)) on November 20, 1997, without commenting on the merits of the proposal. The first
notice publication appeared at 50 Ill. Reg. 16,023 (December 12, 1997).
The purpose of this rulemaking is to comply with Section 39(a) of the Act (415 ILCS
5/39(a)) as amended by P.A. 90-367, effective August 10, 1997, which added the following
paragraph:
After June 30, 1998, operating permits issued under this Section
by the Agency for sources of air pollution that are not subject to
Section 39.5 of this Act and are not required to have a federally
enforceable State operating permit shall be required to be
renewed only upon written request by the Agency consistent with
applicable provisions of this Act and its rules. Such operating
permits shall expire 180 days after the date of such a request.
Before July 1, 1998, the Board shall revise its rules for the
existing State air pollution operating permit program consistent
with this paragraph and shall adopt rules that require a source to
demonstrate that it qualifies for a permit under this paragraph.
2
The Agency’s proposal is intended to bring about the revisions in the Board’s air
permitting rules required by this amendment to Section 39. The proposal also includes several
“clean up” amendments to delete duplicative sections of 35 Ill. Adm. Code 201.Subpart D.
Hearings were held on the proposal in Chicago on December 8, 1997, and in
Springfield on January 12, 1998, at which the Board received testimony in support of the
proposal from Harish Desai of the Agency. Representatives of the Chemical Industry Council
of Illinois and the Illinois Environmental Regulatory Group also appeared and expressed their
organizations’ support of the proposal.
Mr. Desai testified that the proposed rules will expand the existing authority of the
Agency to issue “lifetime” permits. Currently such permits are available to sources with
emissions of less than 25 tons per year which do not require a Clean Air Act Permit Program
(CAAPP) permit or Federally Enforceable State Operating Permits (FESOP). The proposed
rules will expand the lifetime permit program to include all sources which do not require
CAAPP or FESOP permits. Although permits issued under the proposed rules will not have
predetermined expiration dates, they must be renewed by the holder upon written request from
the Agency. The Agency can make such a request if new standards are developed or
circumstances warrant a review of the permit. Under the program as it now exists, the Agency
has issued lifetime permits to approximately 4,000 smaller sources (
i.e.
, sources with
emissions under 25 tons per year). These permits have not interfered with enforcement or
allowed deterioration of air quality. The Agency anticipates that expansion of the lifetime
permit program will save approximately $180,000 per year because the Agency will not have
to expend resources in connection with as many permit renewals. Tr. of 12/8/97 at 8-10.
Pursuant to Section 27(b) of the Act (415 ILCS 5/27(b) (1998)), on January 30, 1998,
the Board requested that the Illinois Department of Commerce and Community Affairs
(DCCA) conduct a study of the economic impact of the proposed rules and prepare an
economic impact statement. DCCA elected not to conduct an economic impact study or
prepare an economic impact statement. An additional hearing was held in Springfield on
March 30, 1998, on the sole issue of DCCA’s decision not to conduct an economic impact
study in connection with this rulemaking. No one testified at this hearing, and the Board has
not received any comments on the economic impact study issue.
Based upon Mr. Desai’s testimony and the other information in the record, the Board
finds that adoption of the proposed rules for the purposes of second notice is warranted. The
Board also finds that the proposed rule will not have an adverse economic impact on the people
of the State of Illinois. See 415 ILCS 5/27(b) (1998).
No one has requested any substantive changes to the proposal. Based predominantly on
comments from the legislature’s Joint Committee on Administrative Rules and the Agency, the
Board has made the following non-substantive changes to the first notice proposal:
•
The heading of Subpart E has been reinstated.
•
Text added to the Part 201 source note is no longer underlined.
3
•
In Section 201.157, the comma following the word “Chapter” in the last sentence
of the section has been deleted.
•
In Section 201.163, the word “that” has been deleted from the last clause of the
second sentence of the section.
•
In Section 201.169, the second occurrence of the word “that” has been deleted
from paragraph (a)(1). The word “it” has been deleted from the last sentence of
paragraph (a)(2). Paragraph (a)(4) has been deleted as unnecessary. The order of
paragraphs (b)(1) and (b)(2) has been reversed,
i.e.
, former paragraph (b)(1) is now
paragraph (b)(2), and vice versa. References to paragraph (b)(1) in paragraphs
(a)(2) and (b)(3) have been changed to refer to paragraph (b)(2). Duplicated
language has been deleted from paragraph (b)(4). (The words “Board only a final
determination by the Agency to deny a permit or to include conditions as provided
by Section 40 of the” appeared twice in the paragraph.) The phrase “insufficiencies
such as” has been added to paragraph (b)(4). Finally, the word “amended” in the
source note has been changed to “added.”
ORDER
The Board hereby proposes for second notice the following amendments to 35 Ill.
Adm. Code 201. The Clerk of the Board is directed to file these proposed rules with 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 201
PERMITS AND GENERAL PROVISIONS
SUBPART A: DEFINITIONS
Section
201.101
Other Definitions
201.102
Definitions
201.103
Abbreviations and Units
201.104
Incorporations by Reference
4
SUBPART B: GENERAL PROVISIONS
Section
201.121
Existence of Permit No Defense
201.122
Proof of Emissions
201.123
Burden of Persuasion Regarding Exceptions
201.124
Annual Report
201.125
Severability
201.126
Repealer
SUBPART C: PROHIBITIONS
Section
201.141
Prohibition of Air Pollution
201.142
Construction Permit Required
201.143
Operating Permits for New Sources
201.144
Operating Permits for Existing Sources
201.146
Exemptions from State Permit Requirements
201.147
Former Permits
201.148
Operation Without Compliance Program and Project Completion Schedule
201.149
Operation During Malfunction, Breakdown or Startups
201.150
Circumvention
201.151
Design of Effluent Exhaust Systems
SUBPART D: PERMIT APPLICATIONS AND REVIEW
PROCESS
Section
201.152
Contents of Application for Construction Permit
201.153
Incomplete Applications (Repealed)
201.154
Signatures (Repealed)
201.155
Standards for Issuance (Repealed)
201.156
Conditions
201.157
Contents of Application for Operating Permit
201.158
Incomplete Applications
201.159
Signatures
201.160
Standards for Issuance
201.161
Conditions
201.162
Duration
201.163
Joint Construction and Operating Permits
201.164
Design Criteria
201.165
Hearings
201.166
Revocation
201.167
Revisions to Permits
201.168
Appeals from Conditions
5
201.169 Special Provisions for Certain Operating Permits
SUBPART E: SPECIAL PROVISIONS FOR OPERATING
PERMITS FOR CERTAIN SMALLER SOURCES
Section
201.180
Applicability (Repealed)
201.181
Expiration and Renewal (Repealed)
201.187
Requirement for a Revised Permit (Repealed)
SUBPART F: CAAPP PERMITS
Section
201.207
Applicability
201.208
Supplemental Information
201.209
Emissions of Hazardous Air Pollutants
201.210
Categories of Insignificant Activities or Emission Levels
201.211
Application for Classification as an Insignificant Activity
201.212
Revisions to Lists of Insignificant Activities or Emission Levels
SUBPART G: EXPERIMENTAL PERMITS
(Reserved)
SUBPART H: COMPLIANCE PROGRAMS AND
PROJECT COMPLETION SCHEDULES
Section
201.241
Contents of Compliance Program
201.242
Contents of Project Completion Schedule
201.243
Standards for Approval
201.244
Revisions
201.245
Effects of Approval
201.246
Records and Reports
201.247
Submission and Approval Dates
SUBPART I: MALFUNCTIONS, BREAKDOWNS
OR STARTUPS
Section
201.261
Contents of Request for Permission to Operate During a Malfunction,
Breakdown or Startup
201.262
Standards for Granting Permission to Operate During a Malfunction,
Breakdown or Startup
201.263
Records and Reports
201.264
Continued Operation or Startup Prior to Granting of Operating Permit
6
201.265
Effect of Granting of Permission to Operate During a Malfunction, Breakdown
or Startup
SUBPART J: MONITORING AND TESTING
Section
201.281
Permit Monitoring Equipment Requirements
201.282
Testing
201.283
Records and Reports
SUBPART K: RECORDS AND REPORTS
Section
201.301
Records
201.302
Reports
SUBPART L: CONTINUOUS MONITORING
Section
201.401
Continuous Monitoring Requirements
201.402
Alternative Monitoring
201.403
Exempt Sources
201.404
Monitoring System Malfunction
201.405
Excess Emission Reporting
201.406
Data Reduction
201.407
Retention of Information
201.408
Compliance Schedules
Appendix A
Rule into Section Table
Appendix B
Section into Rule Table
Appendix C
Past Compliance Dates
AUTHORITY: Implementing Sections 10, 39, and 39.5 and authorized by Section 27 of the
Environmental Protection Act [415 ILCS 5/10, 27, 39, and 39.5].
SOURCE: Adopted as Chapter 2: Air Pollution, Part I: General Provisions, in R71-23, 4
PCB 191, filed and effective April 14, 1972; amended in R78-3 and 4, 35 PCB 75 and 243, at
3 Ill. Reg.30, p. 124, effective July 28, 1979; amended in R80-5, at 7 Ill. Reg. 1244,
effective January 21, 1983; codified at 7 Ill. Reg. 13579; amended in R82-1 (Docket A) at 10
Ill. Reg. 12628, effective July 7, 1986; amended in R87-38 at 13 Ill. Reg. 2066, effective
February 3, 1989; amended in R89-7(A) at 13 Ill. Reg. 19444, effective December 5, 1989;
amended in R89-7(B) at 15 Ill. Reg. 17710, effective November 26, 1991; amended in R93-11
at 17 Ill. Reg. 21483, effective December 7, 1993; amended in R94-12 at 18 Ill. Reg. 15002,
effective September 21, 1994; amended in R94-14 at 18 Ill. Reg. 15760, effective October 17,
1994; amended in R96-17 at 21 Ill. Reg. 7878, effective June 17, 1997; amended in R98-13 at
7
Ill. Reg. , effective .
SUBPART D: PERMIT APPLICATIONS
AND REVIEW PROCESS
Section 201.152
Contents of Application for Construction Permit
An application for a construction permit shall contain, as a minimum, the following data and
information: the nature of the emission unitsource and air pollution control equipment,
including the expected life and deterioration rate; information concerning processes to which
the emission unitsource or air pollution control equipment is related; the quantities and types of
raw materials to be used in the emission unitsource or air pollution control equipment; the
nature, specific points of emissionsources and quantities of uncontrolled and controlled air
contaminant emissions at the sourcefacility thatwhich includes the emission unitsource or air
pollution control equipment; the type, size, efficiency and specifications (including engineering
drawings, plans and specifications certified to by a registered Illinois professional engineer) of
the proposed emission unitsource or air pollution control equipment; maps, statistics and other
data reasonably sufficient to describe the location of the emission unitsource or air pollution
control equipment. The Agency may waive the submission by the applicant of such
engineering drawings, plans, specifications or such other portions of the above data or
information as it shall deem inappropriate or unnecessary to the construction permit
application, provided that any such waiver by the Agency shall be given in writing to the
applicant. The Agency may adopt procedures thatwhich require data and information in
addition to and in amplification of the matters specified in the first sentence of this
Sectionparagraph, thatwhich are reasonably designed to determine compliance with this
Chapter, and ambient air quality standards, or thatand which set forth the format by which all
data and information shall be submitted.
(Source: Amended at Ill. Reg. , effective )
Section 201.153
Incomplete Applications (Repealed)
An application shall not be deemed to be filed until the applicant has submitted all information
and completed all application forms required by Section 201.152 and procedures adopted and
effective pursuant thereto. Provided, however, that if the Agency fails to notify the applicant
within 30 days after the filing of a purported application that the application is incomplete and
of the reasons the Agency deems it incomplete, the application shall be deemed to have been
filed as of the date of such purported filing. The applicant may treat the Agency's notification
that an application is incomplete as a denial of the application for purposes of review.
(Source: Repealed at Ill. Reg. , effective )
Section 201.154
Signatures (Repealed)
All applications and supplements thereto shall be signed by the owner and operator of the
8
emission source or air pollution control equipment, or their authorized agent, and shall be
accompanied by evidence of authority to sign the application.
(Source: Repealed at Ill. Reg. , effective )
Section 201.155
Standards for Issuance (Repealed)
No construction permit shall be granted unless the applicant submits proof to the Agency that:
a) The emission source or air pollution control equipment will be constructed or
modified to operate so as not to cause a violation of the Act or of this Chapter;
and
b) If subject to a future compliance date, the applicant has an approved compliance
program and project completion schedule in accordance with the provisions of
Subpart H.
(Source: Repealed at Ill. Reg. , effective )
Section 201.157
Contents of Application for Operating Permit
An application for an operating permit shall contain, as a minimum, the data and information
specified in Section 201.152. Each application shall list all individual emission unitssources
and air pollution equipment for which a permit is sought. Any applicant may seek to obtain
from the Agency a permit for each emission unitsource, or such emission unitssources as are
similar in design or principle of operation or function, or for all emission unitssources
encompassed in an identifiable operating unit, unless subject to the provisions of Section
201.169 of this Subpart or required to obtain an operating permit with federal enforceable
conditions pursuant to Section 39.5 of the Act. To the extent that the above specified data and
information has previously been submitted to the Agency pursuant to this Subpart, the data and
information need not be resubmitted; provided, however, that the applicant must certify that
the data and information previously submitted remains true, correct and current. An
application for an operating permit shall contain a description of the startup procedure for each
emission unitsource, the duration and frequency of startups, the types and quantities of
emissions during startup, and the applicant's efforts to minimize any such startup emissions,
duration of individual startups, and frequency of startups. If applicable, pursuant to the
requirements of Subpart I of this Part, an application for a permit shall contain a description of
the startup procedure for each emission unit, the duration and frequency of startups and
quantities of emissions during startup in excess of emissions during operations, and the
applicant’s efforts to minimize any such startup emissions. The Agency may adopt procedures
thatwhich require data and information in addition to and in amplification of the matters
specified in the first sentence of this Section, thatwhich are reasonably designed to determine
compliance with this Chapter, and ambient air quality standards, and thatwhich set forth the
format by which all data and information shall be submitted.
9
(Source: Amended at Ill. Reg. , effective )
Section 201.158
Incomplete Applications
An application shall not be deemed to be filed until the applicant has submitted all information
and completed application forms required by Section 201.152 or 201.157 of this Subpart,
whichever is applicable, and procedures adopted and effective pursuant hereto. Provided,
however, that if the Agency fails to notify the applicant within 30 days after the filing of a
purported application that the application is incomplete and of the reasons the Agency deems it
incomplete, the application shall be deemed to have been filed as of the date of such purported
filing. The applicant may treat the Agency's notification that an application is incomplete as a
denial of the application for purposes of review, pursuant to Section 40 of the Act [415 ILCS
5/40].
(Source: Amended at Ill. Reg. , effective )
Section 201.159
Signatures
All applications and supplements thereto shall be signed by the owner and operator of the
emission source or air pollution control equipment, or their authorized agent, and shall be
accompanied by evidence of authority to sign the application.
(Source: Amended at Ill. Reg. , effective )
Section 201.160
Standards for Issuance
a)
No construction permit shall be granted unless the applicant submits proof to the
Agency that:
1)
The emission unit or air pollution control equipment will be constructed
or modified to operate so as not to cause a violation of the Act or of this
Chapter; and
2)
If subject to a future compliance date, the applicant has an approved
compliance program and project completion schedule in accordance with
the provisions of Subpart H of this Part.
b)
No operating permit shall be granted unless the applicant submits proof to the
Agency that:
1a)
The emission unitsource or air pollution control equipment has been
constructed or modified to operate so as not to cause a violation of the
Act or of this Chapter, or has been granted a variance therefrom by the
Board and is in full compliance with such variance; and
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2b)
The emission unitsource or air pollution control equipment has been
constructed or modified in accordance with all conditions in the
construction permit, where applicable; and
3c)
The emission unitsource or air pollution control equipment has been
shown by tests in accordance with the provisions of Subpart J of this
Part, applicable regulations, and permit conditions to operate in
accordance with the emission limitations set forth in this Chapter,
provided that the Agency may waive the requirement for actual tests
where sufficient standard testing information is available; and
4d)
The applicant has taken all technically feasible measures, including
changes in work rules, to minimize the duration and frequency of
startups and to reduce the quantity of emissions during startup; and
5e)
If subject to a future compliance date, the applicant has an approved
compliance program and project completion schedule in accordance with
the provisions of Subpart H of this Subpart; and
6f)
If required, the applicant has an approved episode action plan in effect in
accordance with the provisions of 35 Ill. Adm. Code 244.
(Source: Amended at Ill. Reg. , effective )
Section 201.162
Duration
No operating permit shall be valid longer than five years or such shorter period as the Agency
may specify in the operating permit as necessary to accomplish the purposes of the Act and
this Chapter unless the source is subject to Section 201.169 of this Subpart E of this Part.
Applications for renewal of an operating permit shall be submitted to the Agency at least 90
days prior to the expiration of the prior permit, and shall conform to Sections 201.157,
201.158 and 201.159. The standards for issuance of renewal of operating permits shall be as
set forth in Section 201.160.
(Source: Amended at Ill. Reg. , effective )
Section 201.163
Joint Construction and Operating Permits
In cases where the Agency determines that an emission unitsource or air pollution control
equipment is sufficiently standard so as to obviate the need for separate construction and
operating permits, the Agency may issue a joint construction and operating permit. The
Agency may adopt procedures thatwhich: set forth the circumstances under which joint
construction and operating permits may be issued; require data and information designed to
determine compliance with this Chapter, and ambient air quality standards; and which set forth
the format by which all data and information shall be submitted. The standards for issuance of
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joint construction and operating permits shall be as set forth in Sections 201.155 and 201.160.
Except as herein provided, nothing in this Chapter shall be deemed to limit the power of the
Agency in this regard. No joint construction and operating permit shall be valid for longer
than five years or such shorter period as the Agency may specify the joint construction and
operating permit as necessary to accomplish the purposes of this Chapter unless the source is
subject to Subpart E of this Part. Applications for renewal of a permit shall be submitted to
the Agency at least 90 days prior to the expiration of the prior permit, and shall conform to
such procedures as may have been adopted by the Agency; and the standards for issuance of
renewal permits shall be as set forth in Sections 201.155 and 201.160. The term "operating
permit" as used elsewhere in this Chapter shall be deemed to include a joint construction and
operating permit.
(Source: Amended at Ill. Reg. , effective )
Section 201.164
Design Criteria
a)
The Agency may adopt procedures thatwhich set forth criteria for the design,
operation or maintenance of emission unitssources and air pollution control
equipment. These procedures shall be revised from time to time to reflect
current engineering judgment and advances in the state of the art.
b)
Before adopting new criteria or making substantive changes to any criteria
adopted by the Agency, the Agency shall:
1)
Publish a summary of the proposed changes in the Environmental
Register or a comparable publication at the Agency's expense; and
2)
Provide a copy of the full text of the proposed changes to any person
who in writing so requests; and
3)
Defer adoption of the changes for 45 days from the date of publication to
allow submission and consideration of written comments on the proposed
changes.
(Source: Amended at Ill. Reg. , effective )
Section 201.169
Special Provisions for Certain Operating Permits
a)
Applicability:
1)
Operating permits issued pursuant to Section 39 of the Act for sources of
air pollution that are not subject to the requirements of Section 39.5 of
the Act and are not required to have a federally enforceable State
operating permit are subject to the provisions of this Section.
12
2)
This Section only applies to sources that meet the requirements of
subsection (a)(1) above and whose permit has not expired pursuant to a
renewal request under subsection (b)(2) of this Section. If this Section
no longer applies to a source and its permit has not expired pursuant to a
renewal request under subsection (b)(2) of this Section, the terms and
conditions of the permit shall remain in effect until the permit is
superseded by a new or revised permit or is withdrawn.
3)
Nothing in this Subpart shall be construed as exempting persons with
permits issued pursuant to this Section from the requirements of Section
201.142 of this Part requiring a construction permit or from review
under Part 203 procedures for new and modified emission units.
b)
Expiration and Renewal:
1)
The Agency may request the renewal of an operating permit subject to
this Section for reasons including, but not limited to, a change in the
requirements applicable to the source; an indication that the information
on the source’s application is inaccurate; or information that the source
may not be in compliance with the Act, a Board regulation or an existing
permit condition.
2)
Notwithstanding Section 201.162 of this Subpart, an operating permit
subject to this Section shall expire 180 days after the Agency sends a
written request for renewal of the permit. A permit shall terminate if it
is withdrawn upon written request by the permittee or is superseded by a
revised permit issued for the source.
3)
In its request for renewal pursuant to subsection (b)(2) above, the
Agency may include a request for any supplemental information that the
Agency may need to determine the continued applicability of this Section
or the ability of the source to comply with any requirement.
4)
An owner or operator may appeal to the Board only a final determination
by the Agency to deny a permit or to include conditions as provided by
Section 40 of the Act and Section 201.168 of this Subpart, or a
determination that a permit application is incomplete based upon
insufficiencies such as, but not limited to, a failure to submit information
requested under subsection (b)(3) above or Section 201.158 of this
Subpart.
c)
Requirement for a Revised Permit:
1)
Persons with operating permits subject to this Section must obtain a
revised permit prior to any of the following changes at the source:
13
A)
An increase in emissions above the amount the emission unit or
the source is permitted to emit; or
B)
A modification; or
C)
A change in operations that will result in the source's
noncompliance with a condition in the existing permit; or
D)
A change in ownership, company name, or address, so that the
application or existing permit is no longer accurate.
2) If changes in the source’s emission units or control equipment remove a
source from the applicability of this Section, an owner or operator shall
apply for a construction permit under Section 201.152 of this Subpart, if
applicable, and either a federally enforceable State operating permit or a
Clean Air Act Permit Program (CAAPP) permit pursuant to Section
39.5 of the Act.
(Source: Added at Ill. Reg. , effective )
SUBPART E: SPECIAL PROVISIONS FOR
OPERATING PERMITS FOR CERTAIN
SMALLER SOURCES
Section 201.180
Applicability (Repealed)
a) :Persons required to obtain operating permits under Part 201 are subject to this
Subpart if:
1) The total emissions of all regulated air pollutants, as defined by 35 Ill.
Adm. Code 211.5500(b), that the source is permitted to emit on an
annual basis are less than 25 tons; and
2) The source is not subject to the operating permit requirements under
Section 39.5 of the Act.
b) This Subpart only applies to sources which meet the requirements of subsection
(a) above and whose permit has not expired pursuant to a renewal request under
Section 201.181(a) of this Subpart. If this Subpart no longer applies to a source
and its permit has not expired pursuant to a renewal request under Section
201.181(a) of this Subpart, the terms and conditions of the permit shall remain
in effect until the permit is superseded by a new or revised permit or it is
withdrawn.
14
c) Nothing in this Subpart shall be construed as exempting persons with permits
issued pursuant to this Subpart from the requirements of Section 201.142 of this
Part requiring a construction permit or from review under Part 203 procedures
for new and modified emission units.
d) Unless specifically stated otherwise in this Subpart, all rules in this Part apply.
(Source: Repealed at Ill. Reg. , effective )
Section 201.181
Expiration and Renewal (Repealed)
a) Notwithstanding Section 201.162 of this part, an operating permit subject to this
Subpart shall expire 180 days after the Agency sends a written request for
renewal of the permit. A permit shall terminate if it is withdrawn upon written
request by the permittee or is superseded by a revised permit issued for the
source.
b) The Agency may request the renewal of an operating permit subject to this
Subpart for reasons including, but not limited to, a change in the requirements
applicable to the source; an indication that the information on the source’s
application is inaccurate; or information that the source may not be in
compliance with the Act, a Board regulation or an existing permit condition.
c) In its request for renewal pursuant to subsection a above, the Agency may
include a request for any supplemental information that the Agency may need to
determine the continued applicability of this Subpart or the ability of the source
to comply with any requirement.
d) An owner or operator may appeal to the Board only a final determination by the
Agency to deny a permit or to include conditions as provided by Section 40 of
the Board only a final determination by the Agency to deny a permit or to
include conditions as provided by Section 40 of the Act and Section 201.210 of
this Part, or a determination that a permit application is incomplete based upon,
but not limited to, a failure to submit information requested under subsection (c)
above or Section 201.158 of this Part.
(Source: Repealed at Ill. Reg. , effective )
Section 201.187
Requirement for a Revised Permit (Repealed)
a) Persons with operating permits subject to this Subpart must obtain a revised
permit prior to any of the following changes at the source:
1) An increase in emissions above the amount the emission unit or the
15
source is permitted to emit; or
2) A modification; or
3) A change in operations which will result in the source's noncompliance
with a condition in the existing permit; or
4) A change in ownership, company name, or address, so that the
application or existing permit is no longer accurate.
b)
If changes in the source's emission units or control equipment remove a source
from the applicability of this Subpart, an owner or operator shall apply for a
revised permit under Subpart D of this Part or under Section 39.5 of the Act.
(Source: Repealed at Ill. Reg. , effective )
SUBPART F: CAAPP PERMITS
Section 201.207
Applicability
This Subpart shall apply only to sources subject to Section 39.5 of the Act. The requirements
of Sections 201.143 through 201.148 of Subpart C, Sections 201.157 through 201.165 and
201.169 of Subpart D, and Subparts E, G, and H of this Part shall not apply to a source
subject to the requirements of Section 39.5 of the Act.
(Source: Amended at Ill. Reg. , effective )
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above order was adopted on the 16th day of April 1998 by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
