ILLINOIS REGISTER
1
06
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENT
1)
Heading of the Part :
Permits and General Provisions
2)
Code Citation :
35 Ill. Adm. Code 201
3)
Section Number:
Proposed Action :
201 .501
New Section
4)
Satutory Authority:
Implementing Sections 10, 39, 39 .5 and authorized by Section 27 of
the Environemental Protection Act [415 ILCS 5/10, 27, 39, and 39 .5]
5)
A Complete Description of the Subjects and Issues Involved
: This rulemaking is based
on a proposal filed on June 20, 2006, by the Illinois environmental Protection Agency
(Agency)
. The Board has granted the Agency's request to expidite condidertation of this
proposal, and has authorized this publication of the proposal as submitted by the Agency
.
In so doing, the Board makes no comment on the merits of the proposal
. This is
explained in greater detail in the Board's opinion and order, available from the address in
item 12 below, in "In the Matter of
: Amendments to 35 Ill . Adm. Code 201 (New
Section 201
.501 PSD Construction Permits), R06-27 (June 22, 2006) .
aEcEo~E
1CE
O
gut- \ ,o toot
STAGE OF
VO(A~d
The amendments seek to add a new Section to the Board's air regulations that would
eliminate an automatic 30-day stay of the effectiveness of prevention of significant
deterioration of air quality (PSD) permits
. The amendments propose to add a new
Subpart M to Part 201, the Board's general permit provisions
. The proposed new Section
201
.501 in effect provides that PSD permits are effective upon issuance a) unless the
permit states otherwise by its terms, orb) an appeal has been filed and a stay of the
permit has been granted.
In its Statement of Reasons that accompanied the proposal the Agency asserted that the
PSD provisions of the Clean Air Act, 42 USC 7401 et seq
., were enacted in 1977 to
regulate new major stationary sources and major modifications to existing sources
. The
PSD program applies in areas in the country that are deemed to be attainment or
unclassifiable with respect to national ambient air quality standards (NAAQS)
. The
Agency administers the PSD program through a delegation agreement with the United
States Environmental Protection Agency (USEPA)
. PSD involves a preconstruction
permitting process in which an applicant for a major new source or modification must
submit a permit application prior to commencing construction that demonstrates that
emissions from the proposed facility will not cause or contribute to an exceedance of any
applicable NAAQS or air quality increment, and that the proposed facility will employ
the Best Available Control Technology for all pollutants for which the source is major
.
NOTICE OF PROPOSED AMENDMENT
The Agency stated that an appeal of the PSD permit issued in Illinois is subject to the
procedural requirements of the federal regulations at 40 CFR Part 124, which provide
that final permits decisions are automatically stayed for 30 days after issuance . This
rulemaking proposes to eliminate the automatic 30-day stay, thereby "leveling the
playing field" between Illinois and surrounding states that have approved programs
without the automatic stay
. The Agency's goal is to remove an economic disincentive to
new development while not causing any adverse impact to the environment .
6)
Published studies or reports and sources of underlying data used to compose this
rulemaking : None
7)
Will this rulemaking replace any emergency rulemaking currently in effect?
No
8)
Does this rulemaking contain an automatic repeal date? No
9)
Does this rulemaking contain incorporations by reference?
No
10)
Are there any other proposed rulemakings pending on this Part?
No
11) Statement of Statewide Policy Objectives
: This proposed rule does not create or enlarge
a State mandate, as defined in Section 3(b) of the State Mandates Act
. [30 ILCS 805/3(b)
(2004)] .
12)
Time, Place, and Manner in which interested persons may comment on this rulemaking
:
The Board is currently in the process of scheduling hearings in this rulemaking
. The
Board will accept written public comment on this proposal for 45 days after the date of
publication in the
Illinois Register.
Comments should reference Docket R06-27 and be
addressed to :
Clerk's Office
Illinois Pollution Control Board
100 W
. Randolph St ., Suite 11-500
Chicago, IL 60601
Interested persons may request copies of the Board's opinion and order by calling
Dorothy Gunn at 312/814-3620, or download from the Board's Web site at
www.ipcb.state.il.us.
For more information contact John Knittle at 217/278-3111 or email at
knittlej @ipcb .state.il .us.
ILLINOIS REGISTER
2
POLLUTION CONTROL BOARD
06
NOTICE OF PROPOSED AMENDMENT
13)
Initial Regulatory Flexibility Analysis
:
A)
Types of small businesses, small municipalities and not for profit corporations
affected
:
This rulemaking could impact any small business, small municipality,
or not-for-profit corporation that either applies for or appeals a PSD permit
.
B)
Reporting, bookkeeping or other procedures required for compliance
:
This rulemaking does not propose any additional reporting or bookkeeping
requirements
.
C)
Types of professional skills necessary for compliance
:
No professional skills
beyond those currently required by the existing state and federal air pollution
control regulations applicable to affected sources will be required
.
14)
Reason this rulemaking was not included on the most recent regulatory agenda
: The
Board did not receive an indication from the Agency at the time that the January
regulatory agenda was compiled that this rulemaking would be proposed this year
.
The full text of the Proposed Amendment begins on the next page
:
ILLINOIS REGISTER
3
POLLUTION CONTROL BOARD
06
TITLE 35 :
ENVIRONMENTAL PROTECTION
SUBTITLE B : AIR POLLUTION
CHAPTER I : POLLUTION CONTROL BOARD
SUBCHAPTER a : PERMITS AND GENERAL PROVISIONS
PART 201
PERMITS AND GENERAL PROVISIONS
SUBPART A : DEFINITIONS
Section
201 .101
Other Definitions
201 .102
Definitions
201 .103
Abbreviations and Units
201 .104
Incorporations by Reference
SUBPART B : GENERAL PROVISIONS
Section
201 .121
Existence of Permit No Defense
201
.122
Proof of Emissions
201 .123
Burden of Persuasion Regarding Exceptions
201 .124
Annual Report
201 .125
Severability
201 .126
Repealer
SUBPART C : PROHIBITIONS
Section
201 .141
Prohibition of Air Pollution
201 .142
Construction Permit Required
201 .143
Operating Permits for New Sources
201 .144
Operating Permits for Existing Sources
201 .146
Exemptions from State Permit Requirements
201 .147
Former Permits
201 .148
Operation Without Compliance Program and Project Completion Schedule
201 .149
Operation During Malfunction, Breakdown or Startups
201 .150
Circumvention
201 .151
Design of Effluent Exhaust Systems
SUBPART D
: PERMIT APPLICATIONS AND REVIEW PROCESS
Section
201 .152
Contents of Application for Construction Permit
201 .153
Incomplete Applications (Repealed)
201 .154
Signatures (Repealed)
201 .155
Standards for Issuance (Repealed)
201 .156
Conditions
201 .157
Contents of Application for Operating Permit
201 .158
Incomplete Applications
201 .159
Signatures
201 .160
Standards for Issuance
201 .161
Conditions
201 .162
Duration
201 .163
Joint Construction and Operating Permits
201 .164
Design Criteria
201 .165
Hearings
201 .166
Revocation
201
.167
Revisions to
Permits
201 .168
Appeals from Conditions
201 .169
Special Provisions for
Certain Operating Permits
201 .170
Portable Emission Units
SUBPART E
: SPECIAL PROVISIONS FOR OPERATING
PERMITS FOR CERTAIN SMALLER SOURCES
Section
201 .180
Applicability (Repealed)
201 .181
Expiration and Renewal (Repealed)
201 .187
Requirement for a Revised Permit (Repealed)
SUBPART F : CAAPP PERMITS
Section
201 .207
Applicability
201 .208
Supplemental Information
201 .209
Emissions of Hazardous Air Pollutants
201
.210
Categories of Insignificant Activities or Emission Levels
201 .211
Application for Classification as an Insignificant Activity
201 .212
Revisions to Lists of Insignificant Activities or Emission Levels
SUBPART G
: EXPERIMENTAL PERMITS
(Reserved)
SUBPART H : COMPLIANCE PROGRAMS AND
PROJECT COMPLETION SCHEDULES
Section
201 .241
Contents of Compliance Program
201 .242
Contents of Project Completion Schedule
201 .243
Standards for Approval
201 .244
Revisions
201 .245
Effects of Approval
201 .246
Records and Reports
201 .247
Submission and Approval Dates
SUBPART 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
SUBPART M : PREVENTION OF SIGNIFICANT
DETERIORATION (PSD) CONSTRUCTION PERMITS
Section
201 .501
PSD Construction Permits
201 .APPENDIX A Rule into Section Table
201
.APPENDIX B Section into Rule Table
201 .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 22 Ill . Reg . 11451, effective June
SUBPART M
: PREVENTION OF SIGNIFICANT
DETERIORATION (PSD) CONSTRUCTION PERMITS
Section 201 .501
PSD Construction Permits
I
I
a)
This Section relates to any final permit decision by the Agency
relating to a Prevention of Significant Deterioration (PSD) construction permit
issued pursuant to Sections 9 .1 and 39 of the Act implementing Ccctiongertinu
165 of the Clean Air Act .
23, 1998 ; amended in
R98-28 at 22 Ill . Reg . 11823, effective July 31, 1998 ;
amended in R02-10 at 27 Ill . Reg . 5820, effective March 21, 2003 ; amended in
R05-19 and R05-20 at 30 Ill . Reg . 4901, effective March 3, 2006 ; amended in R06-
27 at 30 Ill . Reg .
, effective
b)
Notwithstanding the provisions of
40 C.F.R .C
PSD
construction permit shall become effective on the date of
124
issuance
.15(b), a
unlessfinal
otherwise stated in the final permit
. However, any person with standing in
accordance with 40 C .F .RCZ$ 124
.19 may seek to file an appeal with the United
States Environmental Protection Agency's Environmental Appeals Board and may
request a stay of the permit
.
c)
This Section applies to permits issued on or after the effective date of
the approval of this Subpart as part of Illinois' State Implementation Plan
under the Clean Air Act .
(Source : Added at 30 Ill . Reg .
effective )
JCAR350201-0631506r0J
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ILLINOIS REGISTER
POLLUTIO N
CONTROL DOARD
NOTICE OP PROPOSED AMENDMENTS
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JCAR350201-0611506r01
1
TITLE 35
: ENVIRONMENTAL PROTECTION
2
SUBTITLE B : AIR POLLUTION
3
CHAPTER I: POLLUTION CONTROL BOARD
4
SUBCHAPTER a
: PERMITS AND GENERAL PROVISIONS
5
6
PART 201
7
PERMITS AND GENERAL PROVISIONS
8
9
SUBPART A : DEFINITIONS
10
11 Section
12
201 .101
Other Definitions
13 201 .102
Definitions
14
201 .103
Abbreviations and Units
15 201 .104
Incorporations by Reference
16
17
SUBPART B
: GENERAL PROVISIONS
18
19 Section
20 201 .121
Existence of Permit No Defense
21 201 .122
Proof of Emissions
22 201 .123
Burden of Persuasion Regarding Exceptions
23 201 .124
Annual Report
24 201
.125
Severability
25
201 .126
Repealer
26
27
SUBPART C
: PROHIBITIONS
28
29 Section
30
201 .141
Prohibition of Air Pollution
31
201 .142
Construction Permit Required
32 201 .143
Operating Permits for New Sources
33 201 .144
Operating Permits for Existing Sources
34 201 .146
Exemptions from State Permit Requirements
35
201 .147
Former Permits
36 201 .148
Operation Without Compliance Program and Project Completion Schedule
37
201 .149
Operation During Malfunction, Breakdown or Startups
38
201 .150
Circumvention
39 201 .151
Design of Effluent Exhaust Systems
40
41
SUBPART D
: PERMIT APPLICATIONS AND REVIEW PROCESS
42
43 Section
JCAR350201-0611506r01
44 201 .152
Contents of Application for Construction Permit
45
201 .153
Incomplete Applications (Repealed)
46 201 .154
Signatures (Repealed)
47
201
.155
Standards for Issuance (Repealed)
48 201 .156
Conditions
49 201 .157
Contents of Application for Operating Permit
50 201 .158
Incomplete Applications
51
201 .159
Signatures
52 201 .160
Standards for Issuance
53 201 .161
Conditions
54 201 .162
Duration
55 201 .163
Joint Construction and Operating Permits
56
201 .164
Design Criteria
57 201 .165
Hearings
58 201 .166
Revocation
59 201 .167
Revisions to Permits
60
201 .168
Appeals from Conditions
61 201 .169
Special Provisions for Certain Operating Permits
62 201 .170
Portable Emission Units
63
64
SUBPART E : SPECIAL PROVISIONS FOR OPERATING
65
PERMITS FOR CERTAIN SMALLER SOURCES
66
67 Section
68
201 .180
Applicability (Repealed)
69 201 .181
Expiration and Renewal (Repealed)
70
201 .187
Requirement for a Revised Permit (Repealed)
71
72
SUBPART F : CAAPP PERMITS
73
74 Section
75 201 .207
Applicability
76
201 .208
Supplemental Information
77 201 .209
Emissions of Hazardous Air Pollutants
78
201 .210
Categories of Insignificant Activities or Emission Levels
79 201 .211
Application for Classification as an Insignificant Activity
80 201 .212
Revisions to Lists of Insignificant Activities or Emission Levels
81
82
SUBPART G : EXPERIMENTAL PERMITS (Reserved)
83
84
SUBPART H
: COMPLIANCE PROGRAMS AND
85
PROJECT COMPLETION SCHEDULES
86
JCAR350201-0611506r01
130 201 .407
Retention of Information
131
201 .408
Compliance Schedules
132
133
SUBPART M : PREVENTION OF SIGNIFICANT
134
DETERIORATION (PSD) CONSTRUCTION PERMITS
135
136
Section
137
201 .501
PSD Construction Permits
138
139 201 .APPENDIX A
Rule into Section Table
140 201 APPENDIX B
Section into Rule Table
141 201
.APPENDIX C Past Compliance Dates
142
143 AUTHORITY
: Implementing Sections 10, 39, and 39
.5 and authorized by Section 27 of the
144
Environmental Protection Act [415 ILCS 5/10, 27, 39, and 39
.5] .
145
146 SOURCE
: Adopted as Chapter 2 : Air Pollution, Part I
: General Provisions, in R71-23, 4 PCB
147
191, filed and effective April 14, 1972
; amended in R78-3 and 4, 35 PCB 75 and 243, at 3 Ill
.
148
Reg. 30, p. 124, effective July 28, 1979
; amended in R80-5, at 7 Ill . Reg
. 1244, effective January
149
21, 1983 ; codified at 7 Ill . Reg
. 13579; amended in R82-1 (Docket A) at 10111
. Reg. 12628,
150
effective July 7, 1986
; amended in R87-38 at 13 Ill . Reg
. 2066, effective February 3, 1989 ;
151
amended in R89-7(A) at 13 Ill . Reg
. 19444, effective December 5, 1989
; amended in R89-7(B)
152
at 15 111 . Reg . 17710, effective November 26, 1991
; amended in R93-11 at 17 111
. Reg . 21483,
153
effective December 7, 1993
; amended in R94-12 at 18 Ill
. Reg. 15002, effective September 21,
154
1994
; amended in R94-14 at 18 Ill . Reg
. 15760, effective October 17, 1994
; amended in R96-17
155
at 21111 . Reg . 7878, effective June 17, 1997
; amended in R98-13 at 22 Ill
. Reg . 11451, effective
156
June 23, 1998
; amended in R98-28 at 22111 . Reg
. 11823, effective July 31, 1998 ; amended in
157
R02-10 at 27 Ill
. Reg. 5820, effective March 21, 2003
; amended in R05-19 and R05-20 at 30111
.
158
Reg
. 4901, effective March 3, 2006
; amended in R06-27 at 30 I11 . Reg. ,
effective
159
160
161
SUBPART M
: PREVENTION OF SIGNIFICANT
162
DETERIORATION (PSD) CONSTRUCTION PERMITS
163
164 Section 201
.501 PSD Construction Permits
165
166
a)
This Section relates to any final permit decision by the Agency relating to a
167
Prevention of Significant Deterioration (PSD) construction permit issued pursuant
168
to Sections 9
.1 and 39 of the Act implementing section 165 of the Clean Air Act
.
169
170
b)
Notwithstanding the provisions of 40 CFR 124
.15(b), a final PSD construction
171
permit shall become effective on the date of issuance unless otherwise stated in
172
the final permit
. However, any person with standing in accordance with 40 CFR
JCAR350201-0611506r01
173
124.19
may seek to file an appeal with the United States Environmental
174
Protection Agency's Environmental Appeals Board and may request a stay of the
175
permit.
176
177
c)
This Section applies to permits issued on or after the effective date of the approval
178
of this Subpart as part of Illinois' State Implementation Plan under the Clean Air
179
Act .
180
181
(Source
: Added at 30111 . Reg. , effective )
