ILLINOIS POLLUTION CONTROL BOARD
    June 17, 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)
    Adopted Rule. Final Order.
    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 requested 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.
    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.
    The rules adopted today revise the Board’s air permitting rules as 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. For the most part, these
    amendments are based upon the Agency’s proposal which the Board accepted on October 16,
    1997, and sent 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

    2
    proposal due to the stringent timeframes for adopting the proposed rules. The first notice
    publication appeared at 21 Ill. Reg. 16,023 (December 12, 1997). The second notice opinion
    and order was adopted by the Board on April 16, 1998 after three hearings were held.
    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 for the proposal. A third hearing was held in Springfield on March 30, 1998, on the
    sole issue of Department of Commerce and Community Affairs’ 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. The Joint
    Committee on Administrative Rules considered this rulemaking at its May 19, 1998, meeting
    and issued a “Notice of No Objection.”
    In sum, these rules will expand the existing authority of the Agency to issue “lifetime”
    permits. Prior to these amendments such permits were only 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 a Federally Enforceable State Operating Permit (FESOP). These new
    rules will expand the lifetime permit program to include all sources which do not require
    CAAPP or FESOP permits. Although permits issued under these new 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 previous program, the Agency had
    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.
    Based upon Mr. Desai’s testimony at hearing and the other information in the record,
    the Board finds that adoption of the proposed rules is warranted. The Board also finds that
    these amendment will not have an adverse economic impact on the people of the State of
    Illinois. See 415 ILCS 5/27(b) (1998).
    ORDER
    The Board hereby adopts the following amendments to 35 Ill. Adm. Code 201. The
    Clerk of the Board is directed cause the following amendments to be published in the
    Illinois
    Register
    :
    TITLE 35: ENVIRONMENTAL PROTECTION
    SUBTITLE B: AIR POLLUTION
    CHAPTER I: POLLUTION CONTROL BOARD
    SUBCHAPTER a: PERMITS AND
    GENERAL PROVISIONS

    3
    PART 201
    PERMITS AND GENERAL PROVISIONS
    SUBPART A: DEFINITIONS
    Section
    201.101
    Other Definitions
    201.102
    Definitions
    201.103
    Abbreviations and Units
    201.104
    Incorporations by Reference
    SUBPART B: GENERAL PROVISIONS
    Section
    201.121
    Existence of Permit No Defense
    201.122
    Proof of Emissions
    201.123
    Burden of Persuasion Regarding Exceptions
    201.124
    Annual Report
    201.125
    Severability
    201.126
    Repealer
    SUBPART C: PROHIBITIONS
    Section
    201.141
    Prohibition of Air Pollution
    201.142
    Construction Permit Required
    201.143
    Operating Permits for New Sources
    201.144
    Operating Permits for Existing Sources
    201.146
    Exemptions from State Permit Requirements
    201.147
    Former Permits
    201.148
    Operation Without Compliance Program and Project Completion Schedule
    201.149
    Operation During Malfunction, Breakdown or Startups
    201.150
    Circumvention
    201.151
    Design of Effluent Exhaust Systems
    SUBPART D: PERMIT APPLICATIONS AND REVIEW
    PROCESS
    Section
    201.152
    Contents of Application for Construction Permit
    201.153
    Incomplete Applications (Repealed)
    201.154
    Signatures (Repealed)
    201.155
    Standards for Issuance (Repealed)
    201.156
    Conditions

    4
    201.157
    Contents of Application for Operating Permit
    201.158
    Incomplete Applications
    201.159
    Signatures
    201.160
    Standards for Issuance
    201.161
    Conditions
    201.162
    Duration
    201.163
    Joint Construction and Operating Permits
    201.164
    Design Criteria
    201.165
    Hearings
    201.166
    Revocation
    201.167
    Revisions to Permits
    201.168
    Appeals from Conditions
    201.169
    Special Provisions for Certain Operating Permits
    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

    5
    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
    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

    6
    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
    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

    7
    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
    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

    8
    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.
    (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

    9
    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
    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.

    10
    (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
    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.

    11
    (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.
    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.

    12
    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:
    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

    13
    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.
    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

    14
    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
    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 opinion and order was adopted on the 17th day of June 1998 by a vote of 6-0.

    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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