ILLINOIS POLLUTION CONTROL BOARD
June 2, 2005
IN THE MATTER OF:
AMENDMENTS TO 35 ILL. ADM. CODE
205, EMISSIONS REDUCTION MARKET
SYSTEM, AND 35 ILL. ADM. CODE 211
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R05-11
(Rulemaking - Air)
Adopted Rule. Final Notice.
OPINION AND ORDER OF THE BOARD (by T.E. Johnson):
On November 19, 2004, the Illinois Environmental Protection Agency (Agency) filed a
proposal for rulemaking pursuant to Sections 9.8, 27 and 28 of the Environmental Protection Act
(Act). 415 ILCS 5/9.8, 27 and 28 (2002). The Agency proposes to amend the Board’s air rules,
specifically the rules relating to Emissions Reduction Market System (ERMS). The Agency’s
proposal is intended to ensure the continued maintenance of the Volatile Organic Material
(VOM) reductions in the Chicago nonattainment area with the revocation of the 1-hour ozone
standard and implementation of the new 8-hour ozone. The Board sent the proposal to first
notice on December 2, 2005, without commenting on the
By today’s action the Board adopts the proposed rule. The rules adopted here are
substantively unchanged from those adopted in the Board’s first-notice and second-notice
opinion and orders. On April 21, 2005, the Board adopted the rule for second notice. The Board
directed that the rule be submitted to the Joint Committee on Administrative Rules (JCAR) for
ackground, summarize the procedural history,
nd technical feasibility of the rule.
BACKGROUND
Part 205, ERMS, was adopted by the Board on November 20, 1997, and received
approval by the United States Environmental Protection Agency (USEPA) as part of the Illinois
State Implementation Plan (SIP) for ozone, effective November 14, 2001. Agency Stat. of Reas.
at 1. The ERMS system is a cap and trade program that involves VOM emissions in the Chicago
ozone nonattainment area (Chicago area).
Id
. It is designed to reduce VOM emission in the
Chicago area below the levels required by reasonably available control technology and other
emission standards.
Id
. The ERMS applies to certain participating sources located in the
Chicago area that are currently required to obtain Clean Air Act Permit Program (CAAPP)
permits and have seasonal emissions of at least 10 tons of VOM in a seasonal allotment period,
which is the period from May 1 through September 30 of each year. Agency Stat. of Reas. at 1-
2. The Agency is proposing revisions to the program rules affecting sources in the Chicago area.
2
The Agency asserts that revisions are needed because the USEPA is revoking the 1-hour
ozone national ambient air quality standard (NAAQS) effective on June 15, 2005, as a part of the
implementation process of the new 8-hour ozone NAAQS. Agency Stat. of Reas. at 2. The
Agency notes that upon the revocation of the 1-hour ozone NAAQS, the Chicago area will be
classified as a moderate nonattainment area for the 8-hour NAAQS.
Id
. The Agency contends
that the redesignation of the Chicago area as “moderate” under the 8-hour ozone NAAQS affects
applicability thresholds for major sources, which are regulated under Illinois’ CAAPP - currently
major sources subject to the CAAPP are those with potential to emit 25 tons or more of VOM
per year, but once the 1-hour ozone NAAQS is revoked, the applicability threshold raises to 100
tons or more per year of VOM under the new 8-hour ozone NAAQS. Agency Stat. of Reas. at 2-
3.
Since ERMS applies to certain sources that are required to obtain CAAPP permits, the
Agency asserts that the change in CAAPP threshold will result in less facilities being subject to
the rules and a corresponding loss of approximately 330 tons of VOM emissions reductions for
each seasonal allotment period. Agency Stat. of Reas. at 3. The Agency asserts that it must
ensure that ERMS remains in place in its current form so the required VOM emissions
reductions in the Chicago area is maintained. Agency Stat. of Reas. at 4.
PROCEDURAL HISTORY
On November 19, 2004, the Agency filed a petition, accompanied by a motion for
expedited consideration. On December 2, 2004, the Board opened regulatory docket R05-11
without commenting on the merits of the proposal. The Board also granted the motion for
expedited review.
Hearings in this matter were held on January 27, 2005 and February 22, 2005, both at 100
West Randolph Street, Chicago, Cook County. The Agency appeared and presented testimony at
the hearing. A representative from the Illinois Environmental Regulatory Group (IERG) was
present at the first hearing. No members of the public attended either hearing. No public
comments were filed after either hearing. The February 22, 2005 hearing was held, in part, on
the requested economic impact study of this rulemaking, in order to fulfill the requirements of
Section 27(b) of the Act. 415 ILCS 5/27(b) (2002). Section 27(b) of the Act requires the Board
to request the Illinois Department of Commerce and Economic Opportunity (DCEO) to conduct
an economic impact study (EcIS) on certain proposed rules prior to adoption of those rules.
On December 9, 2004, the Board sent a letter to DCEO requesting a study for this
rulemaking. On January 20, 2005, the Board received a response from DCEO indicating that it
would not perform an economic impact study on this rule. Copies of the letters were available
at both hearings, and in the Board’s Chicago office. The Board received no comments on the
letters.
In its second-notice opinion and order issued on April 21, 2005, the Board found that
adoption of the Agency’s proposed rule was warranted, and proposed the rulemaking for second-
notice review by the JCAR.
3
JCAR considered the second-notice proposal at its May 17, 2005 meeting and determined
that no objection would be made. JCAR suggested four non-substantive changes, and issued a
formal certification of no objection to the proposed rulemaking dated May 17, 2005.
The second-notice period commenced on April 28, 2005, and ended on May 17, 2005,
when the Board received notification from JCAR that no objection will be issued.
See
5 ILCS
100/5-40(c) (2002); 35 Ill. Adm. Code 102.606. Other than the non-substantive comments
suggested by JCAR, the Board received no comments during the second-notice period.
DISCUSSION
At first notice, the Board adopted the proposed rule for first notice, but did not make any
decisions regarding the proposal itself. At second notice, the Board found that adoption of the
proposal is warranted to ensure the maintenance of the VOM reductions in the Chicago area.
The Board found that the proposal was economically reasonable and technically feasible. More
specifically, the Board agreed with the Agency that the proposal does not raise any questions
regarding technical feasibility or economic reasonableness since the proposed amendments do
not impose any new emission limitations or require new control devices on affected sources.
The Board noted that, based on an extensive record in Docket 97-13, it has already found that the
ERMS in its present form is technically feasible and economically reasonable. To date, the
Board has received no additional comments discussing economic reasonableness and technical
feasibility of the proposed rule.
As discussed in the second-notice order, the Board requested that DCEO conduct an
economic impact study for this rulemaking. On January 20, 2005, the Board received a response
from DCEO indicating that it would not perform an economic impact study on this rule. Copies
of the letters were available at both hearings, and in the Board’s Chicago Office. The Board
received no comments on the letters.
As noted, the Board did receive four non-substantive comments from JCAR. The Board
has incorporated the suggested changes into the adopted proposal.
CONCLUSION
Based on the record before it, the Board finds that adoption of the Agency’s proposal is
warranted.
ORDER
The Board directs the Clerk to file the following adopted rule with the Secretary of State
for publication in the
Illinois Register
for final notice and adoption in the
Illinois Administrative
Code
.
4
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER b: ALTERNATIVE REDUCTION PROGRAM
PART 205
EMISSIONS REDUCTION MARKET SYSTEM
SUBPART A: GENERAL PROVISIONS
Section
205.100 Severability
205.110 Purpose
205.120 Abbreviations and Acronyms
205.130 Definitions
205.150 Emissions Management Periods
SUBPART B: APPLICABILITY
Section
205.200 Participating Source
205.205 Exempt Source
205.210 New Participating Source
205.220 Insignificant Emission Units
205.225 Startup, Malfunction or Breakdown
SUBPART C: OPERATIONAL IMPLEMENTATION
Section
205.300 Seasonal Emissions Component of the Annual Emissions Report
205.310 ERMS Applications
205.315 CAAPP Permits for ERMS Sources
205.316
Federally Enforceable State Operating Permits for ERMS Sources
205.318 Certification for Exempt CAAPP Sources
205.320 Baseline Emissions
205.330 Emissions Determination Methods
205.335 Sampling, Testing, Monitoring and Recordkeeping Practices
205.337 Changes in Emissions Determination Methods and Sampling, Testing, Monitoring
and Recordkeeping Practices
SUBPART D: SEASONAL EMISSIONS MANAGEMENT
Section
205.400 Seasonal Emissions Allotment
205.405 Exclusions from Further Reductions
205.410 Participating Source Shutdowns
5
SUBPART E: ALTERNATIVE ATU GENERATION
Section
205.500 Emissions Reduction Generator
205.510 Inter-Sector Transaction
SUBPART F: MARKET TRANSACTIONS
Section
205.600 ERMS Database
205.610 Application for Transaction Account
205.620 Account Officer
205.630 ATU Transaction Procedures
SUBPART G: PERFORMANCE ACCOUNTABILITY
Section
205.700 Compliance Accounting
205.710 Alternative Compliance
Market Account (ACMA)
205.720 Emissions Excursion Compensation
205.730 Excursion Reporting
205.740 Enforcement Authority
205.750 Emergency Conditions
205.760 Market System Review Procedures
AUTHORITY: Implementing Section 9.8 and authorized by Sections 27 and 28 of the
Environmental Protection Act [415 ILCS 5/9.8, 27 and 28].
SOURCE: Adopted at 21 Ill. Reg. 15777, effective November 27, 1997; amended at __ Ill. Reg.
_____, effective_________________.
SUBPART A: GENERAL PROVISIONS
Section 205.120 Abbreviations and Acronyms
Unless otherwise specified within this Part, the abbreviations used in this Part shall be the same
as those found in 35 Ill. Adm. Code 211. The following abbreviations and acronyms are used in
this Part:
ACMA Alternative Compliance Market Account
Act Environmental Protection Act [415 ILCS 5]
ATU Allotment Trading Unit
BAT Best Available Technology
CAA Clean Air Act as amended in 1990 [42 U.S.C. 7401 through 7671q]
CAAPP Clean Air Act Permit Program
6
ERMS Emissions Reduction Market System
FESOP
Federally Enforceable State Operating Permit
LAER Lowest Achievable Emission Rate
MACT Maximum Achievable Control Technology
NAAQS National Ambient Air Quality Standard
NESHAP National Emission Standards for Hazardous Air Pollutants
RFP Reasonable Further Progress
ROP Rate of Progress
USEPA United States Environmental Protection Agency
VOM Volatile Organic Material
(Source: Amended at __ Ill. Reg. _____, effective ______________)
Section 205.130 Definitions
Unless otherwise specified within this Part, the definitions for the terms used in this Part shall be
the same as those found in Section 39.5 of the Act [415 ILCS 5/39.5] and in 35 Ill. Adm. Code
211.
“Account officer” means a natural person who has been approved by the Agency, as
specified in Section 205.620 of this Part, and is subsequently responsible for one or more
Transaction Accounts to which he or she is designated.
“Allotment” means the number of allotment trading units (ATUs) allotted to a source by
the Agency, as established in the source’s CAAPP permit or FESOP.
“Allotment Trading Unit (ATU)” means a tradable unit that represents 200 lbs of VOM
emissions and is a limited authorization to emit 200 lbs of VOM emissions during the
seasonal allotment period.
“Annual Emissions Report” means the report submitted to the Agency annually pursuant
to 35 Ill. Adm. Code 254.
“Baseline emissions” means a participating source's VOM emissions for the seasonal
allotment period based on historical operations as determined under Subpart C of this
Part. Baseline emissions shall be the basis of the allotment for each participating source.
“Best Available Technology (BAT)” means an emission level based on the maximum
degree of reduction of VOM emitted from or which results from any emission unit, which
the Agency, on a case-by-case basis, taking into account energy, environmental and
economic impacts, determines is achievable for such unit through application of
production processes and available methods, systems, and techniques for control of
VOM, considering the features and production process and control methods, systems and
techniques already used for the unit. BAT for an emission unit shall not be more
stringent than Best Available Control Technology (BACT) as would be determined
contemporaneously for such unit under the federal rules for Prevention of Significant
Deterioration of Air Quality (PSD), 40 CFR 52.21 (1996). In no event shall application
7
of “best available technology” result in emissions of VOM which exceed the emissions
allowed by any standard established pursuant to Section 111 of the Clean Air Act, if such
a standard is applicable to the category of emission unit.
“CAAPP” means the Clean Air Act Permit Program, pursuant to Section 39.5 of the Act
[415 ILCS 5/39.5].
“Chicago ozone nonattainment area” means the area composed of Cook, DuPage, Kane,
Lake, McHenry, and Will Counties and Aux Sable Township and Goose Lake Township
in Grundy County and Oswego Township in Kendall County.
“Emergency” means any situation arising from sudden and reasonably unforeseeable
events beyond the control of the source, such as an act of God, that requires immediate
corrective action to restore normal operation.
“Emissions excursion” refers to the event that occurs when a participating source or new
participating source does not hold sufficient ATUs at the end of a reconciliation period to
account for its VOM emissions from the preceding seasonal allotment period, in
accordance with Section 205.150(c) or (d) of this Subpart.
“Excursion Compensation Notice” means an administrative notice issued by the Agency,
pursuant to Section 205.720 of this Part, that notifies the owner or operator of a
participating source or new participating source that the Agency has determined that the
source has had an emissions excursion.
“General participant” means any person, other than a participating source or new
participating source, that obtains a Transaction Account and is allowed to buy and sell
ATUs.
“New participating source” means a source not operating prior to May 1, 1999, located in
the Chicago ozone nonattainment area, that emits or has the potential to emit 25 tons per
year or more of VOM or is required to obtain a CAAPP permit; and has or will have
seasonal emissions of at least 10 tons of VOM.
“Participating source” means a source operating prior to May 1, 1999, located in the
Chicago ozone nonattainment area, that emits or has the potential to emit 25 tons per year
or more of VOM or is required to obtain a CAAPP permit; and has baseline emissions of
at least 10 tons, as specified in Section 205.320(a) of this Part, or seasonal emissions of at
least 10 tons in any seasonal allotment period beginning in 1999.
“Reconciliation period” means the period from October 1 through December 31 of each
year during which the owner or operator of a participating source or new participating
source must compile actual VOM emissions for the previous seasonal allotment period
and may also buy or sell ATUs so that sufficient ATUs are held by the source by the
conclusion of the reconciliation period.
8
“Seasonal allotment period” means the period from May 1 through September 30 of each
year.
“Seasonal emissions” means actual VOM emissions at a source that occur during a
seasonal allotment period.
“Sell” means to transfer ATUs to another person through sale, lease, trade or other means
of transfer.
“Special participant” means any person that registers with the Agency and may purchase
and retire ATUs but not sell ATUs, as specified in Section 205.610 of this Part.
“Throughput” means the activity of an emission unit during a particular period relevant to
its generation of VOM emissions, including, but not limited to, the amount of material
transferred for a liquid storage operation, the amount of material processed through or
produced by the emission unit, fuel usage, or the weight or volume of coatings or inks.
“Transaction Account” means an account authorized by the Agency or its designee that
allows an account officer to buy or sell ATUs.
(Source: Amended at __ Ill. Reg. _____, effective ______________)
Section 205.150 Emissions Management Periods
a) The VOM emissions control period is the seasonal allotment period, which is
from May 1 through September 30, annually.
b) The reconciliation period is from October 1 to December 31, annually. During
each reconciliation period, participating sources and new participating sources
shall:
1) Compile data of actual VOM emissions during the immediately preceding
seasonal allotment period; and
2) Submit its seasonal emissions component of its Annual Emissions Report,
in accordance with Section 205.300 of this Part.
c) At the end of each reconciliation period, on and after the dates specified in
Section 205.200 of this Part, each participating source shall:
1) Hold ATUs in an amount not less than its VOM emissions during the
preceding seasonal allotment period, except as provided in Sections
205.220, 205.225, 205.315, 205.316, 205.320(e)(3) or (f) and 205.750 of
this Part; or
9
2)
Except as provided in subsection (f) of this Section, hold Hold ATUs in an
amount not less than 1.3 times its seasonal emissions during the preceding
seasonal allotment period that are attributable to a major modification
during the preceding seasonal allotment period, if a participating source
commences operation of a major modification pursuant to 35 Ill. Adm.
Code 203 on or after May 1, 1999. Additionally, such source must hold
ATUs in accordance with subsection (c)(1) of this Section for VOM
emissions not attributable to this major modification during the preceding
seasonal allotment period that are not attributable to this major
modification.
d) At the end of each reconciliation period, on and after the date on which the source
commences operation beginning with the reconciliation period immediately
following the seasonal allotment period in which the source first becomes a new
participating source, as specified in Section 205.210 of this Part, each new
participating source shall:
1)
Except as provided in subsection (f) of this Section, if If the new
participating source is a new major source pursuant to 35 Ill. Adm. Code
203, hold ATUs in an amount not less than 1.3 times its VOM emissions
during the preceding seasonal allotment period; or
2) If the new participating source is not a new major source pursuant to 35
Ill. Adm. 203, hold ATUs in an amount not less than its VOM emissions
during the preceding seasonal allotment period, except as provided in
Sections 205.220, 205.225 and 205.750 of this Part.
e)
Except as provided in subsection (f) of this Section, any Any participating source
that commences operation of a major modification on or after May 1, 1999, or any
new participating source that is a new major source, which, at the end of each
reconciliation period, holds ATUs in an amount not less than 1.3 times the VOM
emissions during the preceding seasonal allotment period, in accordance with
subsection (c)(2) or (d)(1) of this Section, as applicable, shall be deemed to have
satisfied the VOM offset requirements of 35 Ill. Adm. Code 203.302(a), 203.602
and 203.701.
f) Chicago area classification
1)
If the nonattainment classification of the Chicago area for ozone is
changed such that the required offset ratio is no longer 1.3 to 1 and a new
offset ratio applies, as specified in 35 Ill. Adm. Code 203.302, that ratio
shall then apply in lieu of the 1.3 to 1 ratio set forth in subsections (c)(2),
(d)(1), and (e) of this Section. Such new ratio shall not apply to any part
of a source or any modification already subject to the 1.3 to 1 ratio or
other previously-effective offset ratio established prior to the effective
date of the new ratio.
10
2)
If the Chicago area is designated as attainment for ozone, the 1.3 to 1 ratio
set forth in subsections (c)(2), (d)(1), and (e) of this Section or any new
ratio established pursuant to subsection (f)(1) of this Section shall cease to
apply. However, such ratio shall continue to apply to any part of a source
or any modification that is already subject to the ratio prior to such
designation.
(Source: Amended at __ Ill. Reg. _____, effective ______________)
SUBPART B: APPLICABILITY
Section 205.200 Participating Source
a) The requirements of this Part shall apply to any source operating prior to May 1,
1999, located in the Chicago ozone nonattainment area, that
1)
emits or has the potential to emit 25 tons per year or more of VOM or is
required to obtain a CAAPP permit; and
2) has baseline emissions of at least 10 tons, as specified in Section
205.320(a) of this Part, or seasonal emissions of at least 10 tons in any
seasonal allotment period beginning in 1999.
b) Each participating source shall hold ATUs, as specified in Section 205.150(c) of
this Part, in accordance with the following schedule:
1)a) For any participating source that has baseline emissions of at least 10 tons
of VOM, as determined in accordance with Section 205.320(a) of this
Part, beginning with the 1999 seasonal allotment period;
2)b) For any source that first becomes a participating source because its VOM
emissions increase to 10 tons per season or more in any seasonal allotment
period beginning with 1999 and this emissions increase is not a major
modification pursuant to 35 Ill. Adm. Code 203, beginning with the first
seasonal allotment period after such increased emissions occurred; or
3)c) For any source that will first be subject to the requirements of this Part
because of a VOM emissions increase at any time on or after May 1, 1999
that constitutes a major modification pursuant to 35 Ill. Adm. Code 203,
upon commencing operation of this modification.
(Source: Amended at __ Ill. Reg. _____, effective ______________)
Section 205.205 Exempt Source
11
a) Any source that otherwise meets the criteria for participating sources shall be
exempt from the requirements of this Part, except that any such source shall be
required to obtain a CAAPP permit or FESOP and submit the seasonal emissions
component of the Annual Emissions Report as specified in Section 205.300 of
this Part, if the source accepts a 15 tons per seasonal allotment period limit on its
VOM emissions in its CAAPP permit or FESOP for each seasonal allotment
period in which the source would be required to participate in the ERMS in
accordance with the following:
1) If the source would be required to participate in the ERMS beginning with
the 1999 seasonal allotment period in accordance with Section
205.200(b)(1)(a) of this Subpart, such source shall apply for the applicable
permit limitation by March 1, 1998; or
2) If the source is required to participate in the ERMS in any seasonal
allotment period after 1999 because its VOM emissions increase to 10
tons or more in any seasonal allotment period beginning with 1999 in
accordance with Section 205.200(b)(2) of this Subpart, such source shall
apply for the applicable permit limitation by December 1 of the first year
in which its seasonal emissions are at least 10 tons.
b) Any source that otherwise meets the criteria for participating sources shall be
exempt from the requirements of this Part, except that any such source shall be
required to submit the seasonal emissions component of the Annual Emissions
Report and an ERMS application as specified in Sections 205.300 and 205.310(d)
of this Part, respectively, if such source reduces its seasonal emissions by at least
18 percent beginning in 1999. Any such source shall accept conditions in its
CAAPP permit or FESOP limiting its seasonal emissions to at least 18 percent
less than its baseline emissions, as determined in accordance with Section
205.320 of this Part. Any such source shall apply for the applicable permit
limitation(s) by March 1, 1998. ATUs equivalent to any amount of VOM
emissions reductions achieved by the source beyond 12 percent (at least six
percent) shall be issued by the Agency to the ACMA.
(Source: Amended at __ Ill. Reg. _____, effective ______________)
Section 205.210 New Participating Source
a) The requirements of this Part shall apply to any new participating source, a source
not operating prior to May 1, 1999, located in the Chicago ozone nonattainment
area, that
1)
emits or has the potential to emit 25 tons per year or more of VOM or is
required to obtain a CAAPP permit; and
2) has or will have seasonal emissions of at least 10 tons of VOM.
12
b) Each new participating source shall hold ATUs, as specified in Section
205.150(d) of this Part, upon commencing operation.
(Source: Amended at __ Ill. Reg. _____, effective ______________)
Section 205.220 Insignificant Emission Units
a) Emission units identified as insignificant activities pursuant to the CAAPP permit
for a each participating or new participating source are exempt from the
requirements of this Part.
b)
Emission units that the Agency determines would qualify as insignificant
activities under 35 Ill. Adm. Code 201.Subpart F if the source were a CAAPP
source and for which a statement to this effect is contained in the FESOP for a
participating or new participating source are exempt from the requirements of this
Part.
(Source: Amended at __ Ill. Reg. _____, effective ______________)
SUBPART C: OPERATIONAL IMPLEMENTATION
Section 205.300 Seasonal Emissions Component of the Annual Emissions Report
a) For each year in which the source is operational, the owner or operator of each
participating source and new participating source shall submit, as a component of
its Annual Emissions Report, seasonal emissions information to the Agency for
each seasonal allotment period after the effective date of this Part in accordance
with the following schedule:
1) For each participating source or new participating source that generates
VOM emissions from less than 10 emission units, by October 31 of each
year; and
2) For each participating source or new participating source that generates
VOM emissions from 10 or more emission units, by November 30 of each
year.
b) In addition to any information required pursuant to 35 Ill. Adm. Code 254, the
seasonal emissions component of the Annual Emissions Report shall contain the
following information for the preceding seasonal allotment period for each
emission unit emitting or capable of emitting VOM, except that such information
is not required for emission units excluded pursuant to Section 205.220 of this
Part or for VOM emissions attributable to startup, malfunction or breakdown, as
specified in Section 205.225 of this Part:
13
1) Actual seasonal emissions of VOM from the source;
2) A description of the methods and practices used to determine VOM
emissions, as required by the source’s CAAPP permit or FESOP,
including any supporting documentation and calculations;
3) A detailed description of any monitoring methods that differ from the
methods specified in the CAAPP permit or FESOP for the source, as
provided in Section 205.337 of this Subpart;
4) If a source has experienced an emergency, as provided in Section 205.750
of this Part, it shall reference the associated emergency conditions report
that has been approved by the Agency;
5) If a source's baseline emissions have been adjusted because of a variance,
consent order or CAAPP permit compliance schedule, as provided for in
Section 205.320(e)(3) of this Subpart, it shall provide documentation
quantifying the adjusted VOM emissions amount; and
6) If a source is operating a new or modified emission unit for which three
years of operational data is not yet available, as specified in Section
205.320(f) of this Subpart, it shall specify seasonal emissions attributable
to the new emission unit or the modification of the emission unit.
(Source: Amended at __ Ill. Reg. _____, effective ______________)
Section 205.310 ERMS Applications
a) The owner or operator of each participating source or new participating source
shall submit to the Agency an ERMS application in accordance with the following
schedule:
1) For a participating source with baseline emissions of at least 10 tons of
VOM, as determined in accordance with Section 205.320(a) of this
Subpart, by March 1, 1998;
2) For any source that first becomes a participating source or new
participating source because its VOM emissions increase to 10 tons or
greater during any seasonal allotment period beginning with 1999, on or
before December 1 of the year of the first seasonal allotment period in
which its VOM emissions are at least 10 tons, provided that this emissions
increase is not a major modification pursuant to 35 Ill. Adm. Code 203; or
3) For
a new participating source or for a major modification of any source
existing prior to May 1, 1999, that first becomes a participating source or
new participating source due to a major modification subject to 35 Ill.
Adm. Code 203 based on VOM emissions, at the time a construction
14
permit application is submitted or due for the source or modification,
whichever occurs first.; or
4) For a source that will be a new participating source when it commences
construction and that is also a major new source under 35 Ill. Adm. Code
203 based on VOM emissions, at the time a construction permit
application is submitted or due for the source, whichever occurs first.
b) Except as provided in subsection (d) of this Section, each ERMS application for
participating sources shall contain all information required by the Agency
pursuant to Section 39.5 of the Act [415 ILCS 5/39.5] or reference such
information if previously submitted to the Agency, including the following
information:
1) Data sufficient to establish the appropriate baseline emissions for the
source in accordance with Section 205.320 of this Subpart, including but
not limited to the following:
A) VOM emissions data and production types and levels from the
baseline emissions year(s), as specified in Section 205.320(a)(1),
(b) or (c) of this Subpart, as appropriate;
B) If the source is proposing a substitute baseline emissions year(s),
as provided in Section 205.320(a)(2) of this Subpart, a justification
that the year is more representative than 1994, 1995 or 1996,
including data on production types and levels from the proposed
substitute year(s) and historical production data, as needed to
justify that the proposed substitute year(s) is representative; and
C) If the source is proposing a baseline emissions adjustment based on
voluntary over-compliance, as provided in Section 205.320(d) of
this Subpart, sufficient information for the Agency to determine
the appropriate adjustment;
2) A description of methods and practices used to determine baseline
emissions and that will be used to determine seasonal emissions for
purposes of demonstrating compliance with this Part, in accordance with
Sections 205.330 and 205.335 of this Subpart;
3) Identification of any emission unit for which exclusion from further
reductions is sought pursuant to Section 205.405(b) of this Part and
including all of the information required pursuant to Section 205.405(b) of
this Part;
4) Identification of any emission unit excluded from further reductions
pursuant to Section 205.405(a) of this Part; and
15
5) Identification of any new or modified emission unit for which a
construction permit was issued prior to January 1, 1998, but for which
three years of operational data is not available, and the permitted VOM
emissions or the permitted increase in VOM emissions from such emission
unit(s), adjusted for the seasonal allotment period.
c) Except as provided in subsection (h) of this Section, the ERMS application
submitted by each participating source shall also be an application for a
significant modification of its CAAPP permit or a revision to its FESOP, or a
revision to its CAAPP or FESOP application if a CAAPP permit or FESOP has
not yet been issued for the source.
d) The ERMS application for any source that elects to reduce its seasonal emissions
by at least 18 percent from its baseline emissions, as provided in Section
205.205(b) of this Part, shall include:
1) VOM emissions data sufficient to establish the appropriate baseline
emissions for the source in accordance with Section 205.320 of this
Subpart; and
2) A description of methods and practices used to determine baseline
emissions and that will be used to demonstrate that its seasonal emissions
will be at least 18 percent less than its baseline emissions, in accordance
with Sections 205.330 and 205.335 of this Subpart.
e) Within 120 days after receipt of an ERMS application, the Agency shall provide
written notification to the source of a preliminary baseline emissions
determination. Public notice of a draft CAAPP permit or FESOP in accordance
with Section 39.5(8) of the Act [415 ILCS 5/39.5(8)] shall fulfill this requirement
for a preliminary baseline emissions determination if issued within 120 days.
f) The ERMS application for each source applying for a major modification, as
provided in subsection (a)(3) of this Section, shall include the information
specified in subsection (b) of this Section and a certification by the owner or
operator recognizing that the source will be required to hold ATUs by the end of
each reconciliation period in accordance with Section 205.150(c)(2) of this Part,
and provide a plan explaining the means by which it will obtain ATUs for the
VOM emissions attributable to the major modification for the first three seasonal
allotment periods in which this major modification is operational.
g) The ERMS application for each new participating source shall include:
1) A description of methods and practices that will be used to determine
seasonal emissions for purposes of demonstrating compliance with this
Part, in accordance with Sections 205.330 and 205.335 of this Subpart;
16
2) A certification by the owner or operator recognizing that the source will be
required to hold ATUs by the end of each reconciliation period in
accordance with Section 205.150(d) of this Part for each seasonal
allotment period in which it is operational; and
3) If the source is a new major source subject to 35 Ill. Adm. Code 203, a
plan explaining means by which it will obtain such ATUs for the first
three seasonal allotment periods in which it is operational.
h) The owner or operator of any participating source that has identified a new or
modified emission unit, as specified in subsection (b)(5) of this Section, shall
submit a written request for, or an application for, a revised emissions baseline
and allotment. Such written request or application shall be submitted by
December 1 of the year of the third complete seasonal allotment period in which
such newly constructed emission unit is operational, which submittal shall include
information on the seasonal emissions for these first three seasonal allotment
periods.
(Source: Amended at __ Ill. Reg. _____, effective ______________)
Section 205.315 CAAPP Permits for ERMS Sources
a)
Except as provided in Section 205.316(c) of this Subpart, the The Agency shall
determine the baseline emissions for each participating source in accordance with
Section 205.320 of this Subpart, through its final permit action on a new or
modified CAAPP permit for the each such source. The Agency’s baseline
emissions determination may be appealed in accordance with the CAAPP appeal
procedures specified in Section 40.2 of the Act [415 ILCS 5/40.2]. If the permit
conditions establishing a source’s baseline emissions are appealed, the baseline
emissions for the source shall be as proposed in the source’s ERMS application
during the pendency of the appeal. During the pendency of the appeal, ATUs
shall be allotted to the source pursuant to the part of the source’s proposed
baseline emissions that is not disputed in the appeal. If such source’s seasonal
VOM emissions exceed the ATUs it holds at the end of reconciliation periods
during the pendency of the appeal, the source will not be deemed to have had an
emissions excursion to the extent that such seasonal VOM emissions do not
exceed the amount it proposed as its baseline in its ERMS application, less
reductions required pursuant to Section 205.400(c) or (e) of this Part, if
applicable. Such source shall not be allowed to sell ATUs during the pendency of
the appeal.
b)
Except as provided in Section 205.316(c) of this Subpart, the The Agency shall
determine, in accordance with Sections 205.330 and 205.335 of this Subpart, the
methods and practices applicable to each participating source and new
17
participating source to determine seasonal emissions through its final permit
action on a new or modified CAAPP permit for the each such source. The
Agency's determination of the methods and practices applicable may be appealed
in accordance with the CAAPP appeal procedures specified in Section 40.2 of the
Act [415 ILCS 5/40.2].
c)
Except as provided in Section 205.316(c) of this Subpart, the The Agency shall
determine, in accordance with Section 205.405(b) of this Part, if an emission unit
qualifies for exclusion from further reductions in its final permit action on a new
or modified CAAPP permit for each such source. The Agency’s determination
may be appealed in accordance with the CAAPP appeal procedures specified in
Section 40.2 of the Act [415 ILCS 5/40.2 ]. If the permit conditions establishing
the Agency’s BAT determination are appealed, ATUs shall be allotted to the
source for any emission unit for which the Agency’s BAT determination is being
appealed with the emissions reduction required by Section 205.400(c) or (e) of
this Part during the pendency of the appeal. If the seasonal VOM emissions for
the subject emission unit(s) exceed the ATUs that are attributed to the unit(s)
during the pendency of the appeal, the source will not be deemed to have an
emissions excursion to the extent that such seasonal VOM emissions do not
exceed the amount of ATUs that would be attributed to this unit if the BAT
exclusion was accepted. Such source shall not be allowed to sell ATUs during the
pendency of the appeal.
d) The
CAAPP permit for a allotment for each participating source shall specify the
allotment for each seasonal allotment period shall be specified in its CAAPP
permit.
e) To the extent possible, the Agency shall initiate the procedures of 35 Ill. Adm.
Code 252, as required by Section 39.5 of the Act [415 ILCS 5/39.5], by grouping
the draft CAAPP permits and supporting documents for participating sources.
Specifically, to the extent possible, the Agency shall issue a joint public notice
and hold a joint hearing, as appropriate, addressing participating sources for
which a hearing is requested.
f) When a CAAPP permit for a participating source or new participating source is
transferred from the current permittee to another person:
1) In the case of a name change of the participating source or new
participating source where ownership is not altered, appropriate
documentation shall be submitted to revise the Transaction Account to
reflect the name change; or
2) In the case of an ownership change of the participating source or new
participating source, the allotment shall also
be transferred by the owner or
operator of the permitted source to the new owner or operator, or the new
owner or operator shall submit a statement to the Agency certifying that
18
such transfer is not occurring and demonstrating that necessary ATUs are
or will be available by other means for the intended operation of the
source.
g) Upon reopening or renewal of the CAAPP permit for any participating source or
new participating source, any multiple season transfer agreement, as provided in
Section 205.630(a)(2)(B) of this Part, that has three or more years of transfers
remaining shall be identified in the renewed or reissued CAAPP permit for each
such source.
h) Upon reopening or renewal of the CAAPP permit for any participating source or
new participating source, any ATUs that will be issued by the Agency for three
years or more to any such source pursuant to Section 205.410, 205.500 or 205.510
of this Part shall be identified in the renewed or reissued CAAPP permit for each
such source.
(Source: Amended at __ Ill. Reg. _____, effective ______________)
Section 205.316
Federally Enforceable State Operating Permits for ERMS Sources
a)
Any participating or new participating source shall not operate without a CAAPP
permit or FESOP.
1)
If a source has a CAAPP permit containing ERMS provisions and the
source elects to obtain a different permit in lieu of the CAAPP permit, the
source shall apply for and obtain a FESOP that contains ERMS provisions
including, but not limited to, emissions calculation methodologies,
baseline emissions, and allotment for each seasonal allotment period, all of
which are identical to those provisions contained in its CAAPP permit.
2)
If a participating or new participating source does not have a CAAPP
permit containing ERMS provisions and the source elects to obtain a
permit other than a CAAPP permit, the source shall apply for and obtain a
FESOP that contains, in addition to other necessary provisions, federally
enforceable ERMS provisions, including baseline emissions, allotment for
each seasonal allotment period, identification of any units deemed to be
insignificant activities for the purposes of the ERMS, emissions
calculation methodologies, and provisions addressing all other applicable
requirements of this Part.
b)
When determining the baseline emissions and allotment for a participating source
as required under subsection (a)(2) of this Section:
1)
The Agency shall determine baseline emissions in accordance with
Section 205.320 of this Subpart, through its final permit action on the new
or modified FESOP for the source. The Agency’s baseline emissions
19
determination may be appealed in accordance with the appeal procedures
specified in Section 40 of the Act [415 ILCS 5/40]. If the permit
conditions establishing a source’s baseline emissions are appealed, the
baseline emissions for the source shall be as proposed in the source’s
ERMS application during the pendency of the appeal. During the
pendency of the appeal, ATUs shall be allotted to the source pursuant to
the part of the source’s proposed baseline emissions that is not disputed in
the appeal. If such source’s seasonal VOM emissions exceed the ATUs it
holds at the end of reconciliation periods during the pendency of the
appeal, the source will not be deemed to have had an emissions excursion
to the extent that such seasonal VOM emissions do not exceed the amount
it proposed as its baseline in its ERMS application, less reductions
required pursuant to Section 205.400(c) or (e) of this Part, if applicable.
Such source shall not be allowed to sell ATUs during the pendency of the
appeal.
2)
The Agency shall determine, in accordance with Section 205.405(b) of
this Part, if an emission unit qualifies for exclusion from further reductions
in its final permit action on a new or modified FESOP for the source. The
Agency’s determination may be appealed in accordance with the appeal
procedures specified in Section 40 of the Act [415 ILCS 5/40]. If the
permit conditions establishing the Agency’s BAT determination are
appealed, ATUs shall be allotted to the source for any emission unit for
which the Agency’s BAT determination is being appealed with the
emissions reduction required by Section 205.400(c) or (e) of this Part
during the pendency of the appeal. If the seasonal VOM emissions for the
subject emission unit(s) exceed the ATUs that are attributed to the unit(s)
during the pendency of the appeal, the source will not be deemed to have
an emissions excursion to the extent that such seasonal VOM emissions do
not exceed the amount of ATUs that would be attributed to this unit if the
BAT exclusion was accepted. Such source shall not be allowed to sell
ATUs during the pendency of the appeal.
c)
The Agency shall determine, in accordance with Sections 205.330 and 205.335 of
this Subpart, the methods and practices applicable to the participating source or
new participating source to determine seasonal emissions through its final permit
action on the new or modified FESOP for such source. The Agency's
determination of the methods and practices applicable may be appealed in
accordance with the appeal procedures specified in Section 40 of the Act [415
ILCS 5/40].
d)
When a FESOP for a participating source or new participating source is
transferred from the current permittee to another person:
1)
In the case of a name change of the participating source or new
participating source where ownership is not altered, appropriate
20
documentation shall be submitted to revise the Transaction Account to
reflect the name change; or
2)
In the case of an ownership change of the participating source or new
participating source, the allotment shall also be transferred by the owner or
operator of the permitted source to the new owner or operator, or the new
owner or operator shall submit a statement to the Agency certifying that
such transfer is not occurring and demonstrating that necessary ATUs are
or will be available by other means for the intended operation of the
source.
e)
Upon reopening or renewal of the FESOP for any participating source or new
participating source, any multiple season transfer agreement, as provided in
Section 205.630(a)(2)(B) of this Part, that has three or more years of transfers
remaining shall be identified in the renewed or reissued FESOP for such source.
f)
Upon reopening or renewal of the FESOP for any participating source or new
participating source, any ATUs that will be issued by the Agency for three years
or more to any such source pursuant to Section 205.410, 205.500 or 205.510 of
this Part shall be identified in the renewed or reissued FESOP for such source.
(Source: Added at __ Ill. Reg. _____, effective ______________)
Section 205.318
Certification for Exempt CAAPP Sources
The owner or operator of any source that is located in the Chicago ozone nonattainment area that
is required to obtain a CAAPP permit, and has seasonal emissions, as determined in accordance
with Section 205.320(a) of this Subpart, of less than 10 tons shall submit a written certification to
the Agency by March 1, 1998, certifying that its VOM emissions are below 10 tons per season as
specified in Section 205.320(a) of this Subpart. Such certification shall include the amount of
VOM emissions at the source during the 1994, 1995, 1996 and 1997 seasonal allotment periods,
and supporting calculations.
(Source: Amended at __ Ill. Reg. _____, effective ______________)
Section 205.320 Baseline Emissions
a) Except as provided in subsection (b) or (c) of this Section, baseline emissions
shall be determined by the Agency in accordance with the following, adjusted as
specified in subsections (d), (e) and (f) of this Section:
1) Baseline emissions shall be calculated using the average of the two
seasonal allotment periods with the highest VOM emissions during 1994,
1995 or 1996.
21
2) Any source may propose to substitute seasonal emissions on a year-for-
year basis due to non-representative conditions in 1994, 1995 or 1996, but
must stay within the period from 1990 through 1997, and must have
accurate seasonal emissions data for the substitute year(s). When
considering whether to substitute a seasonal baseline emission year(s), the
Agency must consider the information submitted by the source pursuant to
Section 205.310(b)(1)(B) of this Subpart, as well as the accuracy of that
data. For the purposes of this subsection (a)(2), “non-representative
conditions” include, but are not limited to, events such as strikes, fires,
floods and market conditions.
b)
Except as provided below in subsection (c) of this Section, for For any source that
has seasonal emissions of less than 10 tons, as determined in accordance with
subsection (a) of this Section, but becomes a participating source because its
seasonal emissions increase to 10 tons or more in any seasonal allotment period
beginning with 1999, baseline emissions shall be determined by the Agency based
on actual VOM emissions from the first seasonal allotment period in which the
source’s sources emissions equaled or exceeded 10 tons, adjusted as specified in
subsections (d), (e) and (f) of this Section, provided such emissions increase is not
a major modification pursuant to 35 Ill. Adm. Code 203.
c) For any source that has seasonal emissions of less than 10 tons, as determined in
accordance with subsection (a) of this Section, but becomes a participating source
because its seasonal emissions increase to 10 tons or more in any seasonal
allotment period beginning with 1999 and this emissions increase constitutes a
major modification pursuant to 35 Ill. Adm. Code 203, baseline emissions shall be
determined by the Agency based on the average of the actual seasonal emissions
from the two seasonal periods prior to a timely submittal of its application for the
major modification, adjusted as specified in subsections (d) and (e) of this
Section. Any such source may substitute seasonal emissions on a year-for-year
basis due to non-representative conditions in either of the two seasonal allotment
periods prior to submittal of its application for the major modification but must
stay within the five year period prior to submittal of such application. For the
purposes of this subsection, “non-representative conditions” include, but are not
limited to, conditions such as strikes, fires, floods and market conditions.
d) The baseline emissions of any participating source shall be increased for
voluntary over-compliance that occurred after October 31, 1990 and results in a
VOM emissions level that is lower than the level required by applicable
requirements effective in 1996, including limitations in the source’s permit(s)
based on such applicable requirements. Voluntary over-compliance shall be
determined in accordance with the following:
1) Determine the actual activity or production types and levels from the
seasonal allotment period(s) selected for baseline emissions pursuant to
subsection (a), (b) or (c) of this Section;
22
2) Determine seasonal emissions for each emission unit as the product of the
amount of activity or production, as determined in accordance with
subsection (d)(1) of this Section, and the actual emissions level;
3) Determine seasonal emissions for each emission unit as the product of the
amount of activity or production, as determined in accordance with
subsection (d)(1) of this Section, and the allowable emissions level
pursuant to all applicable requirements effective through 1996, including
limitations in the source’s permit(s) based on such applicable
requirements; and
4) Determine the appropriate adjustment to baseline emissions by subtracting
the seasonal emissions determined pursuant to subsection (d)(2) of this
Section from the seasonal emissions determined pursuant to subsection
(d)(3) of this Section.
e) The baseline emissions of any participating source shall be decreased if any of the
following circumstances exist:
1) If a source is out of compliance with any applicable requirements,
including limitations in the source’s permit(s) based on such applicable
requirements, in any of the seasonal allotment periods used for baseline
emissions, its baseline emissions shall be lowered to reflect the amount of
VOM emissions that would be achieved if in compliance with such
requirements.
2) If any of the seasonal allotment periods selected for baseline emissions do
not reflect compliance with requirements effective through 1996 that
became applicable after any of the years selected as baseline years, the
source’s baseline emissions shall be lowered to reflect the amount of
VOM emissions that would be achieved if in compliance with such
requirements.
3) If, in any of the years selected for baseline emissions, a source’s VOM
emissions are in excess of the amount of VOM emissions allowed by
applicable rules because it has been granted a variance, has entered into a
consent order, or is operating pursuant to a CAAPP permit compliance
schedule, the baseline emissions for such source shall be lowered to reflect
the VOM emissions amount that would be achieved if in compliance with
such requirements, subject to the following:
A) Each such source shall be allowed to emit VOM emissions in
excess of the ATUs it holds at the end of the reconciliation period
each year until compliance with the applicable regulation is
achieved, or upon expiration of the relief allowed for in the
23
variance, consent order or CAAPP permit compliance schedule,
whichever occurs first;
B) Such excess VOM emissions shall be allowed to the extent allowed
in the variance, consent order or CAAPP permit compliance
schedule; and
C) The seasonal component of the Annual Emissions Report for each
such source shall be adjusted each year until compliance with the
applicable requirement(s) is achieved, or upon expiration of the
relief allowed for in the variance, consent order or CAAPP permit
compliance schedule, whichever occurs first, as specified in
subsection (e)(3)(B) of this Section.
4) For any participating source that operated with excess emissions during
startup, malfunction or breakdown during any year used to determine its
baseline emissions, whether or not such operation was authorized pursuant
to the source’s permit, excess VOM emissions attributable to startup,
malfunction or breakdown shall be excluded from the baseline emissions.
f) For new or modified emission units at a source for which a construction permit
was issued prior to January 1, 1998, but for which three years of operational data
is not available, the baseline emissions determination for the source shall include
VOM emissions from such new emission unit or the increase in emissions from
the modification of such emission unit based on the two seasonal allotment
periods with the highest VOM emissions from the first three complete seasonal
allotment periods in which any such new or modified emission unit is operational.
ATUs shall only be issued in accordance with this subsection after the baseline
emissions has been determined. Any such source shall not be required to hold
ATUs for VOM emissions attributable to the new emission unit or the
modification of the existing emission unit for the first three complete seasonal
allotment periods in which it is operational.
g) For any source which acquired emission reduction credits pursuant to a written
agreement, entered into prior to January 1, 1998, and such emission reduction
credits were acquired for use as emissions offsets, in accordance with 35 Ill. Adm.
Code 203, such emission reduction credits, adjusted for the seasonal allotment
period, and reduced by 24 percent, shall be included in the baseline emissions
determination for the source, only to the extent that:
1) The Agency has issued a federally enforceable permit, prior to January 1,
1998, to the source from which the emission reduction credits were
acquired, and such federally enforceable permit recognized the creation of
the VOM emission reduction credits by the cessation of all VOM-emitting
activities and the withdrawal of the operating permits for VOM-emitting
activities at such other sources; and
24
2) The Agency has not relied upon the emission reduction credits to
demonstrate attainment or reasonable further progress.
(Source: Amended at __ Ill. Reg. _____, effective ______________)
Section 205.330
Emissions Determination Methods
The owner or operator of a participating source or new participating source shall determine
VOM emissions from the source during the seasonal allotment period using methods as
necessary to demonstrate compliance with this Part. Such methods shall be, at a minimum, as
stringent as those required by any applicable requirement and any permit condition. The Agency
shall establish the emissions determination methods applicable to each such source in the
source’s CAAPP permit or FESOP. The following methods, in conjunction with relevant
source-specific throughput and operating data, are acceptable methods a source may use to
determine seasonal emissions, depending on the type of emission unit:
a) Material balance calculation, based on the VOM content of raw materials and
recovered materials, as is typically used for degreasers, coating lines, and printing
lines equipped with a carbon adsorption system (recovery-type control device) or
without any control device;
b) A standard engineering formula for estimation of emissions, as is typically used
for storage and transfer of volatile organic liquids;
c) A source-specific emission factor(s), based on representative testing and sampling
data and appropriate analysis, as typically used for petroleum refining processes;
d) A published USEPA emission factor(s), as is typically used for component leaks;
e) A source-specific emission rate or VOM control efficiency, based on
representative testing, as is typically used for chemical processes and afterburners
(destruction-type control device), respectively;
f) A method not listed above that is sufficient to demonstrate compliance with this
Section; or
g) An appropriate combination of the above methods, as typically used for a coating
or printing line equipped with a control device, where the available emissions are
determined by material balance and the control efficiency is determined by
representative testing.
(Source: Amended at __ Ill. Reg. _____, effective ______________)
Section 205.335 Sampling, Testing, Monitoring and Recordkeeping Practices
25
The owner or operator of a participating source or new participating source shall conduct
sampling, perform testing, conduct monitoring and maintain records as needed to support its
method for determining seasonal emissions in accordance with Section 205.330 of this Subpart
and to demonstrate compliance with this Part. Such sampling, testing, monitoring and
recordkeeping shall be, at a minimum, as stringent as that required by any applicable requirement
and any permit condition. The Agency shall establish the practices applicable to each such
source in the source’s CAAPP permit or FESOP.
(Source: Amended at __ Ill. Reg. _____, effective ______________)
Section 205.337 Changes in Emission Determination Methods and Sampling, Testing,
Monitoring and Recordkeeping Practices
a) The methods used for determining seasonal emissions from a source shall
generally be consistent with the methods used to determine its baseline emissions
unless the source's permit accommodates the use of alternate methods to
determine VOM emissions.
b) Modification of Methods and Practices
1) If a source proposes new or revised methods to determine VOM emissions
or new or revised supporting practices for sampling, testing, monitoring or
recordkeeping that differ significantly from the methods and practices
specified by its current permit, the source shall obtain a revised CAAPP
permit in accordance with the procedures specified in Section 39.5 of the
Act [415 ILCS 5/39.5], or a revised FESOP, prior to relying on such
methods and practices.
2) The Agency shall issue a revised permit if it finds, based upon submission
of an appropriate permit application, that the proposed methods or
practices are needed or appropriate to address changes in the operation of
the source or emission units that were not considered when the current
permit was issued, that the proposed methods and procedures will not
significantly affect the determination of actual seasonal emissions, or that
the proposed methods and procedures incorporate new or improved
analytical techniques or estimation methods that will increase the accuracy
with which actual seasonal emissions are determined, and other applicable
requirements for issuance of a revised permit are met.
3) If the Agency approves the use of a modified method or practice, the
Agency is authorized to determine a corrected baseline and thereafter issue
ATUs in accordance with Section 205.400(c) of this Part pursuant to this
corrected baseline.
(Source: Amended at __ Ill. Reg. _____, effective ______________)
26
SUBPART D: SEASONAL EMISSIONS MANAGEMENT
Section 205.400 Seasonal Emissions Allotment
a) Each participating source shall receive an allotment which shall be issued by the
Agency and distributed in ATUs.
b) Except for ATUs issued pursuant to Sections 205.500 and 205.510 of this Part,
ATUs issued for any seasonal allotment period are valid for use during the
seasonal allotment period following issuance and the next succeeding seasonal
allotment period. All ATUs shall be valid until such ATUs expire or are retired.
c) The initial allotment for each participating source shall be based on the baseline
emissions for such source, as determined in accordance with Section 205.320 of
this Part, and shall be reduced by 12 percent in 1999 or in such other year that a
source is issued its initial allotment, except as provided in Section 205.405 of this
Subpart.
d) Except as provided in Section 205.337(b)(3) of this Part and subsections (c) and
(e) of this Section, allotments shall remain at 1999 or initial levels unless the
Agency makes a demonstration to the Board, in accordance with the rulemaking
provisions of Sections 9.8, 27 and 28 of the Act [415 ILCS 5/9.8, 27 and 28], that
further reductions are needed. An allotment or a baseline under this Part does not
constitute a property right. Nothing in this Part shall be construed to limit the
authority of the Board to terminate or limit such allotment or baseline pursuant to
its rulemaking authority under Sections 9.8, 27 and 28 of the Act [415 ILCS 5/9.8,
27 and 28].
e) If the baseline emissions for any participating source are increased in accordance
with Section 205.320(f) of this Part, the allotment shall be increased by the
modified portion of the baseline emissions amount, reduced by 12 percent, except
as provided in Section 205.405 of this Subpart.
f) Except as provided in subsection (h) of this Section, any new participating source
shall not be issued ATUs by the Agency, but shall be required to hold ATUs at
the end of the reconciliation period as specified in Section 205.150(d) of this Part
for each seasonal allotment period in which it is operational.
g) Any source existing as of May 1, 1999, which first becomes subject to the
requirements of this Part because its seasonal emissions increase to 10 tons or
more as a result of a major modification pursuant to 35 Ill. Adm. Code 203, in any
seasonal allotment period beginning with 1999, shall not be allotted ATUs by the
Agency for the VOM emissions attributable to this modification, except as
provided in subsection (h) of this Section, but shall be allotted ATUs by the
Agency based on its baseline emissions, as determined in accordance with Section
205.320 of this Part. Any such participating source shall be required to hold
27
ATUs at the end of the reconciliation period as specified in Section 205.150(c) of
this Part, for each seasonal allotment period in which it is subject to this Part.
h) If a participating source or new participating source submits an ATU transfer
agreement authorizing the transfer of ATUs for more than one year, as provided
in Section 205.630(a)(2)(B) of this Part, the ATUs shall be automatically
transferred by the Agency from the transferor’s Transaction Account to the
transferee’s Transaction Account. Upon reopening or renewal of the CAAPP
permit or FESOP for any such source, any multiple season transfer agreement that
has three or more years of transfers remaining shall be identified in the renewed
or reissued CAAPP permit or FESOP for each such source.
(Source: Amended at __ Ill. Reg. _____, effective ______________)
Section 205.405 Exclusions from Further Reductions
a) VOM emissions from the following emission units, if satisfying subsection (a)(1),
(a)(2) or (a)(3) of this Section prior to May 1, 1999, shall be excluded from the
VOM emissions reductions requirements specified in Section 205.400(c) and (e)
of this Subpart as long as such emission units continue to satisfy subsection (a)(1),
(a)(2) or (a)(3) of this Section:
1) Emission units that comply with any NESHAP or MACT standard
promulgated pursuant to the CAA;
2) Direct combustion emission units designed and used for comfort heating
purposes, fuel combustion emission units and internal combustion
engines; and
3) An emission unit for which a LAER demonstration has been approved by
the Agency on or after November 15, 1990.
b) When it is determined that an emission unit is using, prior to May 1, 1999, BAT
for controlling VOM emissions, VOM emissions from such emission unit shall
not be subject to the VOM emissions reductions requirement specified in Section
205.400(c) or (e) of this Subpart as long as such emission unit continues to use
such BAT. The owner or operator of a source may request such exclusion from
further reductions by providing the following information, in addition to the
information required in Section 205.310 of this Part, in its ERMS application:
1) Identification of each emission unit for which exclusion is requested,
including the year of initial operation of such emission unit;
2) Identification of all requirements applicable to the emission unit;
28
3) A demonstration that the emission unit is using BAT for controlling VOM
emissions;
4) Identification of the permitted VOM emissions from the emission unit;
5) VOM emissions from the emission unit for each seasonal allotment period
used in the baseline emissions determination for the source; and
6) A description and quantification of any reductions in VOM emissions that
were achieved at the emission unit or source based on its use of BAT.
c) As part of its review of an ERMS application or application for a modified
allotment, the Agency may determine that any such emission unit qualifies for
exclusion from further reductions under subsection (a) or (b) of this Section. The
Agency shall make its proposed determination in a draft CAAPP permit or
FESOP subject to public notice and participation, accompanied by an explanation
of its proposed action.
(Source: Amended at __ Ill. Reg. _____, effective ______________)
Section 205.410 Participating Source Shutdowns
a) If a participating source shuts down all operations at the source, and withdraws its
permit or its permit is revoked or terminates, allotments issued to such a source
for each seasonal allotment period after the shutdown occurred shall be subject to
the following:
1) 80 percent of all such ATUs shall continue to be allotted to the owner or
operator of such source or its duly authorized recipient; and
2) 20 percent of all such ATUs shall be issued to the ACMA.
b) Except as provided in subsection (c) of this Section, the owner or operator of any
participating source that shuts down all operations, in accordance with subsection
(a) of this Section, shall submit a written request to have its status changed to a
general participant, upon withdrawal, revocation or termination of its permit.
c) The owner or operator of any participating source that shuts down all operations,
in accordance with subsection (a) of this Section, may authorize the issuance of
future ATUs to the Transaction Account of another participating source, new
participating source or general participant by submitting a transfer agreement
authorizing a permanent transfer of all future ATUs. The CAAPP permit or
FESOP of any participating source or new participating source designated to
receive future allotments of ATUs pursuant to such a transfer agreement shall be
modified to reflect this transfer upon reopening or renewal. Any ATUs issued
pursuant to a transfer agreement entered into under this subsection before shut
29
down of all operations of the participating source shall not be subject to
subsection (a) of this Section.
(Source: Amended at __ Ill. Reg. _____, effective ______________)
SUBPART E: ALTERNATIVE ATU GENERATION
Section 205.500 Emissions Reduction Generator
Any participating source, new participating source or general participant may submit a proposal
for issuance of ATUs to it based on VOM emissions reductions, as specified in subsection (a) of
this Section, achieved by any source or group of sources located in the Chicago ozone
nonattainment area with an operating permit(s) other than a participating source or new
participating source. The owner or operator of each source from which the VOM emissions
reductions have been or will be achieved shall certify its acceptance of the terms of the proposal
and that it has achieved or will achieve the emissions reductions specified in the proposal. An
emissions reduction generator may apply for a modification to its operating permit to incorporate
limitations that make the VOM emissions reductions specified in the relevant proposal
enforceable.
a) ATUs will only be issued pursuant to this Section if based on actual VOM
emissions reductions that meet one or more of the following:
1) If, based on the same actual production rate, VOM emissions at the source
for any seasonal allotment period beginning in 1999 are or will be lower
due to the use of technology or materials at the source than if operating at
the same production rate at the emissions level allowed by applicable
requirements effective in 1996 or any requirements included in the State
Implementation Plan, provided such reductions occurred after 1990;
2) The source shuts down a portion or all of its operation(s) after 1996 and
withdraws the relevant operating permit(s), provided the VOM emissions
from the shut down activity or activities will not be distributed elsewhere
within the Chicago ozone nonattainment area;
3) The source(s) curtails its seasonal production activity resulting in an actual
reduction in VOM emissions during any seasonal allotment period
beginning in 1999, provided the VOM emissions from the curtailment will
not be distributed elsewhere within the Chicago nonattainment area. Such
emissions reduction shall be based on the difference between the average
production level for the two seasonal allotment periods prior to the year of
curtailment and the curtailed production level, calculated at the VOM
emission rate allowed by applicable requirements effective in 1996; or
4) The source shuts down operations or curtails seasonal production activity
as described in subsections (a)(2) and (a)(3) of this Section, respectively,
30
and the VOM emissions from the shut down activity or activities or
curtailment will be distributed to a participating or new participating
source or sources within the Chicago ozone nonattainment area, and the
proposal provides that all ATUs issued pursuant to this Section on account
of such shut down or curtailment are to be issued to the corresponding
participating or new participating source or sources.
b) If any proposal is based on a shut down of operations, as specified in subsection
(a)(2) of this Section, that results in seasonal emissions reductions of 10 tons or
more, 20 percent of ATUs issued based on such an emissions reduction generator
proposal shall be allocated to the ACMA.
c) Any proposal based on seasonal emissions reductions of 10 tons or more and the
Agency’s approval thereof shall be subject to the public notice requirements in
accordance with the regulations governing CAAPP permit or FESOP issuance of
Section 39.5 of the Act [415 ILCS 5/39.5].
d) Any proposal submitted shall include the following:
1) Information identifying the source(s) from which the VOM emissions
reductions has been or will be achieved and its owner or operator;
2) An explanation of the method used to achieve the VOM emissions
reductions;
3) Relevant information describing the nature of the underlying activity that
generated the VOM emissions and the relationship of the units at which
the VOM emissions reduction occurred to other units or sources
performing the same or related activity in the Chicago ozone
nonattainment area, if the VOM emissions reduction is attributable to a
partial or complete source shutdown or a production curtailment, as
specified in subsection (a)(2), (a)(3) or (a)(4) of this Section;
4) The amount of VOM emissions for the two seasonal allotment periods
prior to the year(s) of curtailment, including supporting calculations, if the
VOM emissions reduction is attributable to a production curtailment as
specified in subsection (a)(3) or (a)(4) of this Section;
5) The amount of the VOM emissions reduction, including supporting
calculations and documentation, such as material usage information;
6) The name and address of the participating source(s), new participating
source(s) or general participant(s) to which ATUs will be issued, including
the name and telephone number of the account officer for such source or
participant; and
31
7) The owner or operator of each proposed emission reduction generator
shall certify its acceptance of the terms of the proposal and certify that it
has achieved or will achieve the emissions reductions specified in the
proposal.
e) The owner or operator of any emissions reduction generator may modify its
operating permit to incorporate limitations that make the VOM emissions
reductions specified in the relevant proposal enforceable.
f) If the emissions reduction generator does not modify its permit, as specified in
subsection (e) of this Section, or experiences a shutdown, as specified in
subsection (a)(2) or (a)(4) of this Section, and the proposal is submitted prior to
the availability of actual VOM emissions data from the relevant seasonal
allotment period, the Agency shall determine if the proposal is acceptable on a
preliminary basis and provide notification of this determination. The Agency
shall not issue final approval, in accordance with subsection (g) of this Section, of
any such proposal until the actual VOM emissions data is submitted.
g) The Agency shall notify the participating source, new participating source or
general participant in writing of its final decision with respect to the proposal
within 45 days after receipt of such proposal or receipt of VOM emissions data to
verify that the specified reductions occurred, whichever occurs later. If the
Agency denies or conditionally approves a proposal, this written notice shall
include a statement of the specific reasons for denying or modifying the proposal.
The Agency’s determination as to the approvability of any proposal submitted
pursuant to this Section is subject to review by the Board as provided at 35 Ill.
Adm. Code 105.102, provided the proposed emissions reduction generator is not
requesting a permit revision. If such a permit revision is requested, the applicable
permit review and appeal procedures shall apply.
h) If the Agency deems that the proposal is sufficient to receive final approval, the
Agency shall issue ATUs in accordance with the following:
1) Any ATUs issued pursuant to this subsection shall be issued to the
participating source(s), new participating source(s) or general participant
identified in the proposal;
2) If the emissions reduction generator modifies its operating permit as
specified in subsection (e) of this Section, to incorporate limitations that
make the VOM emissions reductions specified in the relevant proposal
enforceable, ATUs shall be issued on the date such source is required to
comply with the limitations in the permit and for each seasonal allotment
period thereafter in which the VOM emissions reductions are required by
the source’s permit;
32
3) If the proposal is based on a partial or complete shut down, as specified in
subsection (a)(2) or (a)(4) of this Section, ATUs shall be issued before the
seasonal allotment period for each year specified in the proposal;
4) If the emissions reduction generator does not modify its permit and the
proposal is submitted prior to the availability of actual VOM emissions
data from the relevant seasonal allotment period(s), the Agency shall issue
ATUs upon final approval which shall occur after actual VOM emissions
data is evaluated for the relevant seasonal allotment period;
5) If the emissions reduction generator includes information on actual VOM
emissions reductions during the seasonal allotment period for which ATUs
are sought, ATUs will be issued by the Agency upon final approval of the
proposal;
6) Except as provided in subsection (h)(7) of this Section, ATUs issued
pursuant to this subsection shall only be valid for the seasonal allotment
period in which the emissions reductions were achieved;
7) If the VOM emissions reductions specified in a proposal are incorporated
into the emissions reduction generator’s permit or, if the emissions
reduction generator shuts down all or a portion of its operations and
withdraws all relevant operating permits, ATUs issued pursuant to this
subsection shall be valid for the seasonal allotment period following
issuance and for the next seasonal allotment period; and
8) The number of ATUs issued pursuant to subsection (h)(2) or (h)(3) of this
Section based on a proposal under subsection (a)(4) of this Section shall
be equal to the number of ATUs otherwise issuable under this Section
reduced by 12 percent.
(Source: Amended at __ Ill. Reg. _____, effective ______________)
Section 205.510 Inter-Sector Transaction
Any person may submit a proposal to the Agency to have ATUs issued to the Transaction
Account of a participating source, new participating source or general participant equivalent to
VOM emissions reductions from mobile sources or area sources in the Chicago area. Any such
proposal for the VOM emissions reduction project is subject to Agency review and approval,
shall be consistent with laws and regulations and shall include all supporting documentation.
The Agency shall review all such proposals in accordance with the following:
a) Regulatory Based Proposal
If the VOM emission reductions that have been generated or will be generated are
pursuant to a regulation that provides the procedure to determine VOM emissions
33
reductions and allows for such reductions to be converted to ATUs, the Agency
shall approve the proposal if based on the provisions of the applicable regulation.
The Agency shall approve, conditionally approve or deny any complete and
adequately supported proposal within 45 days after the Agency's receipt thereof
by sending written notification of its decision. If the Agency denies or
conditionally approves a proposal, this written notice shall include a statement of
the specific reasons for denying or modifying the proposal.
b) Other Proposals
If the proposal is based on VOM emissions reductions that have been generated or
will be generated which are beyond VOM emissions reductions required by any
mandatory applicable rules, the proposal shall include an explanation of the
method(s) used to achieve the VOM emissions reductions and the method(s) used
to quantify the VOM emissions reductions, including supporting documentation
and calculations. The Agency shall evaluate the validity of VOM emission
reductions that allegedly were generated or will be generated and approve,
conditionally approve or deny any complete proposal within 90 days after the
Agency's receipt by sending written notification of its decision to the source. If
the Agency denies or conditionally approves a proposal, this written notice shall
include a statement of the specific reasons for denying or modifying the proposal.
c) No ATUs shall be issued based on mobile or area source VOM emissions
reductions unless a proposal, in accordance with this Section, has been approved
by the Agency.
d) All ATUs issued pursuant to a proposal approved pursuant to this Section shall be
issued to the Transaction Account identified in the proposal. Such ATUs shall
only be valid for the seasonal allotment period in which the emissions reductions
were achieved, unless the Agency specifies in its approval that such ATUs shall
be valid for the seasonal allotment period following issuance and for the next
seasonal allotment period.
e) The Agency’s determination that a proposal submitted pursuant to this Section is
denied or conditionally approved is subject to review by the Board as provided at
35 Ill. Adm. Code 105.102.
(Source: Amended at __ Ill. Reg. _____, effective ______________)
SUBPART F: MARKET TRANSACTIONS
Section 205.610 Application for Transaction Account
a) Each participating source, new participating source and general participant shall
apply for and obtain authorization for a Transaction Account from the Agency
prior to conducting any market transactions. Each participating source shall
34
submit to the Agency its completed application for a Transaction Account no later
than 30 days prior to the beginning of the first seasonal allotment period in which
the source is required to participate. Each new participating source shall submit
to the Agency its completed application for a Transaction Account no later than
30 days prior to the beginning of the first seasonal allotment period in which it is
operational.
b) Each Transaction Account application shall include the following information:
1) The name and address of the participating source, new participating source
or general participant, and the name and address of its owner or operator;
2) The names and addresses of all designated account officers;
3) The certification specified in Section 205.620(a)(5) of this Subpart signed
by each account officer; and
4) For a participating source or new participating source, identification of the
CAAPP permit or FESOP number for the source.
c) Special Participants
Any person may purchase ATUs to retire for air quality benefit only. Such person
shall be a special participant and shall register with the Agency prior to its first
ATU purchase. Special participants will not have Transaction Accounts in the
Transaction Account database. All ATUs purchased by special participants will
be retired effective on the date of purchase and will be listed as retired in the
appropriate database.
d) Special participants will be given a registration number by the Agency so that
their purchases of ATUs can be recorded.
(Source: Amended at __ Ill. Reg. _____, effective ______________)
SUBPART G: PERFORMANCE ACCOUNTABILITY
Section 205.700 Compliance Accounting
a) The owner or operator of each participating source or new participating source
shall maintain and retain for five years at the source or at another location agreed
to by the Agency, in conjunction with the records it maintains to demonstrate
compliance with its CAAPP permit or FESOP, all of the following documents as
its compliance master file:
1) A copy of its seasonal component of its Annual Emissions Report;
35
2) Information on actual VOM emissions, as recorded in accordance with
Section 205.335 of this Part, and as required by the CAAPP permit or
FESOP for the source; and
3) Copies of any transfer agreements for the purchase or sale of ATUs and
other documentation associated with the transfer of ATUs.
b) Compliance Master File Review
1) The owner or operator of each participating source or new participating
source shall allow the Agency or an authorized representative to enter and
inspect the premises as described by in accordance with Section
39.5(7)(p)(ii) of the Act [415 ILCS 5/39.5(7)(p)(ii)] and to review its
compliance master file.
2) After the conclusion of each compliance master file review, a report shall
be prepared by the Agency and issued to the inspected source that includes
the following information:
A) An identification of any noncompliance with the requirements of
his Part; and
B) An evaluation of increases and decreases in seasonal emissions of
VOMs that are also hazardous air pollutants, as related to ATU
transactions.
3) Nothing in this Part shall affect any other obligations of a source to allow
inspection(s) under State or federal laws or regulations.
(Source: Amended at __ Ill. Reg. _____, effective ______________)
Section 205.730 Excursion Reporting
Upon issuance of each Excursion Compensation Notice to any source that has already had one
previous admitted or adjudicated emissions excursion, the source shall submit to the Agency any
additional reports required by the source’s CAAPP permit or FESOP pursuant to Section
39.5(7)(f) of the Act [415 ILCS 5/39.5(7)(f)].
(Source: Amended at __ Ill. Reg. _____, effective ______________)
Section 205.750 Emergency Conditions
VOM emissions that are a consequence of an emergency, and are in excess of the technology-
based emission rates which are achieved during normal operating conditions, to the extent that
such excess emissions are not caused by improperly designed equipment, lack of preventative
maintenance, careless or improper operation, or operation error, shall be deducted from the
36
calculation of actual VOM emissions during the seasonal allotment period in which the
emergency occurred, subject to the following:
a) The owner or operator of the participating source or new participating source shall
submit an initial emergency conditions report to the Agency within two days after
the time when such excess emissions occurred due to the emergency. The
submittal of this initial emergency conditions report shall be sufficient to fulfill
the notice requirements of Section 39.5(7)(k) of the Act [415 ILCS 5/39.5(7)(k)]
as it relates to VOM emissions at the source if the report provides a detailed
description of the emergency, any steps taken to mitigate emissions and corrective
actions taken, to the extent practicable. The final report shall contain the
following information:
1) A description of the cause(s) of the emergency and the duration of the
episode;
2) Verification that the source was being operated properly at the time of the
emergency;
3) A demonstration that the source took all reasonable steps to minimize
excess VOM emissions during the emergency period, including but not
limited to the following actions, if technically and economically feasible:
A) The level of operation of the affected emission unit(s) was
minimized;
B) The level of emissions from the affected emission units(s) was
minimized by use of alternative raw materials or alternative control
measures;
C) The duration of the excess emissions was minimized; and
D) The amount of VOM emissions from other emission units at the
source or other sources located in the Chicago ozone
nonattainment area owned or operated by the person or entity were
reduced;
4) A demonstration that appropriate corrective action(s) were taken
promptly;
5) A demonstration that the affected emission units were:
A) Being carefully and properly operated at the time of the
emergency, including copies of appropriate records and other
relevant evidence;
37
B) Properly designed; and
C) Properly maintained with appropriate preventative maintenance;
and
6) An estimate of the amount of VOM emissions that occurred during the
emergency in excess of the technology-based emission factor achieved
during normal operating conditions, including supporting data, the
relevant emissions factor, and calculations.
b) The owner or operator of any such source may supplement its initial emergency
conditions report within 10 days after the conclusion of the emergency situation.
If an initial emergency conditions report is not supplemented, such report is
deemed the final emergency conditions report. If, however, an initial emergency
conditions report is supplemented, the combination of such initial report plus the
supplemental information is deemed the final emergency conditions report.
c) The Agency must approve, conditionally approve or reject the findings in the final
emergency conditions report, submitted by the source, in writing within 45 30
days after receipt of the initial emergency conditions a complete
report, subject to
the following:
1) If the Agency concurs with the emergency conditions report, the source is
not required to hold ATUs for the excess VOM emissions attributable to
the emergency;
2) If the Agency approves with conditions or rejects the emergency
conditions report, the source shall be required to hold ATUs by the end of
the reconciliation period in an amount not less than the emissions
identified as excess in the emergency conditions report or provide
emissions excursion compensation in accordance with Section 205.720 of
this Subpart, if an emissions excursion occurred;
3) If the Agency approves with conditions an emergency conditions report,
the Agency must identify in its written notice the amount of VOM
emissions that are not attributable to an emergency; and
4) If the Agency approves with conditions or rejects a source’s emergency
conditions report, the source may raise the emergency as an affirmative
defense pursuant to Section 39.5(7)(k) of the Act [415 ILCS 5/39.5(7)(k)]
in any action brought for noncompliance with this Part or an action
brought to review the Agency’s issuance of an Excursion Compensation
Notice, as provided in Section 205.720(d) of this Subpart.
38
d) Nothing in this Section relieves any source of any obligation to comply with other
applicable requirements, permit conditions, or other provisions addressing
emergency situations.
(Source: Amended at __ Ill. Reg. _____, effective ______________)
Section 205.760 Market System Review Procedures
Beginning in 2000, the Agency shall prepare an Annual Performance Review Report that
addresses the effect of VOM emissions reductions in the Chicago ozone nonattainment area on
progress toward meeting the RFP requirements and achieving attainment of the NAAQS for
ozone by 2007.
a) The Annual Performance Review Report will review trends and patterns which
may have emerged in the operation of the ERMS, and shall include, but not be
limited to, the following:
1) Total aggregate VOM emissions during the previous seasonal allotment
period;
2) The number of ATUs retired for compliance purposes or for air quality
benefit, currently being banked, or used by new participating sources for
the previous seasonal allotment period;
3) An evaluation of trading activities, including sources with no trading
activity, sources that are net purchasers of ATUs and sources that are net
sellers of ATUs;
4) ACMA transactions since the preparation of the previous report and the
account balance;
5) A summary of emissions reduction generator and inter-sector proposals;
6) Distribution of transactions by geographic area or character of source;
7) Availability of ATUs for purchase;
8) The average market price for ATU transactions from the previous seasonal
allotment period; and
9) Trends and spatial distributions of hazardous air pollutants.
b) The Agency shall prepare the Report by June 30 May 15 of the year following the
seasonal allotment period addressed by the Report. The Agency will make copies
of its Report available to interested parties upon request.
39
(Source: Amended at __ Ill. Reg. _____, effective ______________)
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: EMISSION STANDARDS AND LIMITATIONS FOR
STATIONARY SOURCES
PART 211
DEFINITIONS AND GENERAL PROVISIONS
SUBPART A: GENERAL PROVISIONS
Section
211.101 Incorporations by Reference
211.102 Abbreviations and Conversion Factors
SUBPART B: DEFINITIONS
Section
211.121 Other Definitions
211.122 Definitions (Repealed)
211.130 Accelacota
211.150 Accumulator
211.170 Acid Gases
211.210 Actual Heat Input
211.230 Adhesive
211.240 Adhesion Promoter
211.250 Aeration
211.270 Aerosol Can Filling Line
211.290 Afterburner
211.310 Air Contaminant
211.330 Air Dried Coatings
211.350 Air Oxidation Process
211.370 Air Pollutant
211.390 Air Pollution
211.410 Air Pollution Control Equipment
211.430 Air Suspension Coater/Dryer
211.450 Airless Spray
211.470 Air Assisted Airless Spray
211.474 Alcohol
211.479 Allowance
211.484 Animal
211.485 Animal Pathological Waste
211.490 Annual Grain Through-Put
211.495 Anti-Glare/Safety Coating
211.510 Application Area
40
211.530 Architectural Coating
211.550 As Applied
211.560 As-Applied Fountain Solution
211.570 Asphalt
211.590 Asphalt Prime Coat
211.610 Automobile
211.630 Automobile or Light-Duty Truck Assembly Source or Automobile or Light-Duty
Truck Manufacturing Plant
211.650 Automobile or Light-Duty Truck Refinishing
211.660 Automotive/Transportation Plastic Parts
211.670 Baked Coatings
211.680 Bakery Oven
211.685 Basecoat/Clearcoat System
211.690 Batch Loading
211.695 Batch Operation
211.696 Batch Process Train
211.710 Bead-Dipping
211.730 Binders
211.750 British Thermal Unit
211.770 Brush or Wipe Coating
211.790 Bulk Gasoline Plant
211.810 Bulk Gasoline Terminal
211.820 Business Machine Plastic Parts
211.830 Can
211.850 Can Coating
211.870 Can Coating Line
211.890 Capture
211.910 Capture Device
211.930 Capture Efficiency
211.950 Capture System
211.955 Cement
211.960 Cement Kiln
211.970 Certified Investigation
211.980 Chemical Manufacturing Process Unit
211.990 Choke Loading
211.1010 Clean Air Act
211.1050 Cleaning and Separating Operation
211.1070 Cleaning Materials
211.1090 Clear Coating
211.1110 Clear Topcoat
211.1120 Clinker
211.1130 Closed Purge System
211.1150 Closed Vent System
211.1170 Coal Refuse
211.1190 Coating
211.1210 Coating Applicator
41
211.1230 Coating Line
211.1250 Coating Plant
211.1270 Coil Coating
211.1290 Coil Coating Line
211.1310 Cold Cleaning
211.1312 Combined Cycle System
211.1316 Combustion Turbine
211.1320 Commence Commercial Operation
211.1324 Commence Operation
211.1328 Common Stack
211.1330 Complete Combustion
211.1350 Component
211.1370 Concrete Curing Compounds
211.1390 Concentrated Nitric Acid Manufacturing Process
211.1410 Condensate
211.1430 Condensible PM-10
211.1465 Continuous Automatic Stoking
211.1467 Continuous Coater
211.1470 Continuous Process
211.1490 Control Device
211.1510 Control Device Efficiency
211.1515 Control Period
211.1520 Conventional Air Spray
211.1530 Conventional Soybean Crushing Source
211.1550 Conveyorized Degreasing
211.1570 Crude Oil
211.1590 Crude Oil Gathering
211.1610 Crushing
211.1630 Custody Transfer
211.1650 Cutback Asphalt
211.1670 Daily-Weighted Average VOM Content
211.1690 Day
211.1710 Degreaser
211.1730 Delivery Vessel
211.1750 Dip Coating
211.1770 Distillate Fuel Oil
211.1780 Distillation Unit
211.1790 Drum
211.1810 Dry Cleaning Operation or Dry Cleaning Facility
211.1830 Dump-Pit Area
211.1850 Effective Grate Area
211.1870 Effluent Water Separator
211.1875 Elastomeric Materials
211.1880 Electromagnetic Interference/Radio Frequency Interference (EMI/RFI) Shielding
Coatings
211.1885 Electronic Component
42
211.1890 Electrostatic Bell or Disc Spray
211.1900 Electrostatic Prep Coat
211.1910 Electrostatic Spray
211.1920 Emergency or Standby Unit
211.1930 Emission Rate
211.1950 Emission Unit
211.1970 Enamel
211.1990 Enclose
211.2010 End Sealing Compound Coat
211.2030 Enhanced Under-the-Cup Fill
211.2050 Ethanol Blend Gasoline
211.2070 Excess Air
211.2080 Excess Emissions
211.2090 Excessive Release
211.2110 Existing Grain-Drying Operation (Repealed)
211.2130 Existing Grain-Handling Operation (Repealed)
211.2150 Exterior Base Coat
211.2170 Exterior End Coat
211.2190 External Floating Roof
211.2210 Extreme Performance Coating
211.2230 Fabric Coating
211.2250 Fabric Coating Line
211.2270 Federally Enforceable Limitations and Conditions
211.2285 Feed Mill
211.2290 Fermentation Time
211.2300 Fill
211.2310 Final Repair Coat
211.2330 Firebox
211.2350 Fixed-Roof Tank
211.2360 Flexible Coating
211.2365 Flexible Operation Unit
211.2370 Flexographic Printing
211.2390 Flexographic Printing Line
211.2410 Floating Roof
211.2420 Fossil Fuel
211.2425 Fossil Fuel-Fired
211.2430 Fountain Solution
211.2450 Freeboard Height
211.2470 Fuel Combustion Emission Unit or Fuel Combustion Emission Source
211.2490 Fugitive Particulate Matter
211.2510 Full Operating Flowrate
211.2530 Gas Service
211.2550 Gas/Gas Method
211.2570 Gasoline
211.2590 Gasoline Dispensing Operation or Gasoline Dispensing Facility
211.2610 Gel Coat
43
211.2620 Generator
211.2630 Gloss Reducers
211.2650 Grain
211.2670 Grain-Drying Operation
211.2690 Grain-Handling and Conditioning Operation
211.2710 Grain-Handling Operation
211.2730 Green-Tire Spraying
211.2750 Green Tires
211.2770 Gross Heating Value
211.2790 Gross Vehicle Weight Rating
211.2810 Heated Airless Spray
211.2815 Heat Input
211.2820 Heat Input Rate
211.2830 Heatset
211.2850 Heatset Web Offset Lithographic Printing Line
211.2870 Heavy Liquid
211.2890 Heavy Metals
211.2910 Heavy Off-Highway Vehicle Products
211.2930 Heavy Off-Highway Vehicle Products Coating
211.2950 Heavy Off-Highway Vehicle Products Coating Line
211.2970 High Temperature Aluminum Coating
211.2990 High Volume Low Pressure (HVLP) Spray
211.3010 Hood
211.3030 Hot Well
211.3050 Housekeeping Practices
211.3070 Incinerator
211.3090 Indirect Heat Transfer
211.3110 Ink
211.3130 In-Process Tank
211.3150 In-Situ Sampling Systems
211.3170 Interior Body Spray Coat
211.3190 Internal-Floating Roof
211.3210 Internal Transferring Area
211.3230 Lacquers
211.3250 Large Appliance
211.3270 Large Appliance Coating
211.3290 Large Appliance Coating Line
211.3310 Light Liquid
211.3330 Light-Duty Truck
211.3350 Light Oil
211.3370 Liquid/Gas Method
211.3390 Liquid-Mounted Seal
211.3410 Liquid Service
211.3430 Liquids Dripping
211.3450 Lithographic Printing Line
211.3470 Load-Out Area
44
211.3480 Loading Event
211.3483 Long Dry Kiln
211.3485 Long Wet Kiln
211.3487 Low-NOx Burner
211.3490 Low Solvent Coating
211.3500 Lubricating Oil
211.3510 Magnet Wire
211.3530 Magnet Wire Coating
211.3550 Magnet Wire Coating Line
211.3570 Major Dump Pit
211.3590 Major Metropolitan Area (MMA)
211.3610 Major Population Area (MPA)
211.3620 Manually Operated Equipment
211.3630 Manufacturing Process
211.3650 Marine Terminal
211.3660 Marine Vessel
211.3670 Material Recovery Section
211.3690 Maximum Theoretical Emissions
211.3695 Maximum True Vapor Pressure
211.3710 Metal Furniture
211.3730 Metal Furniture Coating
211.3750 Metal Furniture Coating Line
211.3770 Metallic Shoe-Type Seal
211.3780 Mid-Kiln Firing
211.3790 Miscellaneous Fabricated
Product Manufacturing Process
211.3810 Miscellaneous Formulation Manufacturing Process
211.3830 Miscellaneous Metal Parts and Products
211.3850 Miscellaneous Metal Parts and Products Coating
211.3870 Miscellaneous Metal Parts or Products Coating Line
211.3890 Miscellaneous Organic Chemical Manufacturing Process
211.3910 Mixing Operation
211.3915 Mobile Equipment
211.3930 Monitor
211.3950 Monomer
211.3960 Motor Vehicles
211.3965 Motor Vehicle Refinishing
211.3970 Multiple Package Coating
211.3980 Nameplate Capacity
211.3990 New Grain-Drying Operation (Repealed)
211.4010 New Grain-Handling Operation (Repealed)
211.4030 No Detectable Volatile Organic Material Emissions
211.4050 Non-Contact Process Water Cooling Tower
211.4055 Non-Flexible Coating
211.4065 Non-Heatset
211.4067 NOx Trading Program
211.4070 Offset
45
211.4090 One Hundred Percent Acid
211.4110 One-Turn Storage Space
211.4130 Opacity
211.4150 Opaque Stains
211.4170 Open Top Vapor Degreasing
211.4190 Open-Ended Valve
211.4210 Operator of a Gasoline Dispensing Operation or Operator of a Gasoline
Dispensing Facility
211.4230 Organic Compound
211.4250 Organic Material and Organic Materials
211.4260 Organic Solvent
211.4270 Organic Vapor
211.4290 Oven
211.4310 Overall Control
211.4330 Overvarnish
211.4350 Owner of a Gasoline Dispensing Operation or Owner of a Gasoline Dispensing
Facility
211.4370 Owner or Operator
211.4390 Packaging Rotogravure Printing
211.4410 Packaging Rotogravure Printing Line
211.4430 Pail
211.4450 Paint Manufacturing Source or Paint Manufacturing Plant
211.4470 Paper Coating
211.4490 Paper Coating Line
211.4510 Particulate Matter
211.4530 Parts Per Million (Volume) or PPM (Vol)
211.4550 Person
211.4590 Petroleum
211.4610 Petroleum Liquid
211.4630 Petroleum Refinery
211.4650 Pharmaceutical
211.4670 Pharmaceutical Coating Operation
211.4690 Photochemically Reactive Material
211.4710 Pigmented Coatings
211.4730 Plant
211.4740 Plastic Part
211.4750 Plasticizers
211.4770 PM-10
211.4790 Pneumatic Rubber Tire Manufacture
211.4810 Polybasic Organic Acid Partial Oxidation Manufacturing Process
211.4830 Polyester Resin Material(s)
211.4850 Polyester Resin Products Manufacturing Process
211.4870 Polystyrene Plant
211.4890 Polystyrene Resin
211.4910 Portable Grain-Handling Equipment
211.4930 Portland Cement Manufacturing Process Emission Source
46
211.4950.1 Portland Cement Process or Portland Cement Manufacturing Plant
211.4960 Potential Electrical Output Capacity
211.4970 Potential to Emit
211.4990 Power Driven Fastener Coating
211.5010 Precoat
211.5015 Preheater Kiln
211.5020 Preheater/Precalciner Kiln
211.5030 Pressure Release
211.5050 Pressure Tank
211.5060 Pressure/Vacuum Relief Valve
211.5061 Pretreatment Wash Primer
211.5065 Primary Product
211.5070 Prime Coat
211.5080 Primer Sealer
211.5090 Primer Surfacer Coat
211.5110 Primer Surfacer Operation
211.5130 Primers
211.5150 Printing
211.5170 Printing Line
211.5185 Process Emission Source
211.5190 Process Emission Unit
211.5210 Process Unit
211.5230 Process Unit Shutdown
211.5245 Process Vent
211.5250 Process Weight Rate
211.5270 Production Equipment Exhaust System
211.5310 Publication Rotogravure Printing Line
211.5330 Purged Process Fluid
211.5340 Rated Heat Input Capacity
211.5350 Reactor
211.5370 Reasonably Available Control Technology (RACT)
211.5390 Reclamation System
211.5410 Refiner
211.5430 Refinery Fuel Gas
211.5450 Refinery Fuel Gas System
211.5470 Refinery Unit or Refinery Process Unit
211.5480 Reflective Argent Coating
211.5490 Refrigerated Condenser
211.5500 Regulated Air Pollutant
211.5510 Reid Vapor Pressure
211.5530 Repair
211.5550 Repair Coat
211.5570 Repaired
211.5580 Repowering
211.5590 Residual Fuel Oil
211.5600 Resist Coat
47
211.5610 Restricted Area
211.5630 Retail Outlet
211.5650 Ringelmann Chart
211.5670 Roadway
211.5690 Roll Coater
211.5710 Roll Coating
211.5730 Roll Printer
211.5750 Roll Printing
211.5770 Rotogravure Printing
211.5790 Rotogravure Printing Line
211.5810 Safety Relief Valve
211.5830 Sandblasting
211.5850 Sanding Sealers
211.5870 Screening
211.5890 Sealer
211.5910 Semi-Transparent Stains
211.5930 Sensor
211.5950 Set of Safety Relief Valves
211.5970 Sheet Basecoat
211.5980 Sheet-Fed
211.5990 Shotblasting
211.6010 Side-Seam Spray Coat
211.6025 Single Unit Operation
211.6030 Smoke
211.6050 Smokeless Flare
211.6060 Soft Coat
211.6070 Solvent
211.6090 Solvent Cleaning
211.6110 Solvent Recovery System
211.6130 Source
211.6140 Specialty Coatings
211.6145 Specialty Coatings for Motor Vehicles
211.6150 Specialty High Gloss Catalyzed Coating
211.6170 Specialty Leather
211.6190 Specialty Soybean Crushing Source
211.6210 Splash Loading
211.6230 Stack
211.6250 Stain Coating
211.6270 Standard Conditions
211.6290 Standard Cubic Foot (scf)
211.6310 Start-Up
211.6330 Stationary Emission Source
211.6350 Stationary Emission Unit
211.6355 Stationary Gas Turbine
211.6360 Stationary Reciprocating
Internal Combustion Engine
211.6370 Stationary Source
48
211.6390 Stationary Storage Tank
211.6400 Stencil Coat
211.6410 Storage Tank or Storage Vessel
211.6420 Strippable Spray Booth Coating
211.6430 Styrene Devolatilizer Unit
211.6450 Styrene Recovery Unit
211.6470 Submerged Loading Pipe
211.6490 Substrate
211.6510 Sulfuric Acid Mist
211.6530 Surface Condenser
211.6540 Surface Preparation Materials
211.6550 Synthetic Organic Chemical or Polymer Manufacturing Plant
211.6570 Tablet Coating Operation
211.6580 Texture Coat
211.6590 Thirty-Day Rolling Average
211.6610 Three-Piece Can
211.6620 Three or Four Stage Coating System
211.6630 Through-the-Valve Fill
211.6650 Tooling Resin
211.6670 Topcoat
211.6690 Topcoat Operation
211.6695 Topcoat System
211.6710 Touch-Up
211.6720 Touch-Up Coating
211.6730 Transfer Efficiency
211.6750 Tread End Cementing
211.6770 True Vapor Pressure
211.6790 Turnaround
211.6810 Two-Piece Can
211.6830 Under-the-Cup Fill
211.6850 Undertread Cementing
211.6860 Uniform Finish Blender
211.6870 Unregulated Safety Relief Valve
211.6880 Vacuum Metallizing
211.6890 Vacuum Producing System
211.6910 Vacuum Service
211.6930 Valves Not Externally Regulated
211.6950 Vapor Balance System
211.6970 Vapor Collection System
211.6990 Vapor Control System
211.7010 Vapor-Mounted Primary Seal
211.7030 Vapor Recovery System
211.7050 Vapor-Suppressed Polyester Resin
211.7070 Vinyl Coating
211.7090 Vinyl Coating Line
211.7110 Volatile Organic Liquid (VOL)
49
211.7130 Volatile Organic Material Content (VOMC)
211.7150 Volatile Organic Material (VOM) or Volatile Organic Compound (VOC)
211.7170 Volatile Petroleum Liquid
211.7190 Wash Coat
211.7200 Washoff Operations
211.7210 Wastewater (Oil/Water) Separator
211.7230 Weak Nitric Acid Manufacturing Process
211.7250 Web
211.7270 Wholesale Purchase - Consumer
211.7290 Wood Furniture
211.7310 Wood Furniture Coating
211.7330 Wood Furniture Coating Line
211.7350 Woodworking
211.7400 Yeast Percentage
Appendix A Rule into Section Table
Appendix B Section into Rule Table
AUTHORITY: Implementing Sections 9, 9.1, 9.9 and 10 and authorized by Sections 27 and
28.5 of the Environmental Protection Act [415 ILCS 5/9, 9.1, 9.9, 10, 27 and 28.5].
SOURCE: Adopted as Chapter 2: Air Pollution, Rule 201: Definitions, R71-23, 4 PCB 191,
filed and effective April 14, 1972; amended in R74-2 and R75-5, 32 PCB 295, at 3 Ill. Reg. 5, p.
777, effective February 3, 1979; 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. 13590; amended in R82-1 (Docket A) at 10 Ill. Reg. 12624, effective
July 7, 1986; amended in R85-21(A) at 11 Ill. Reg. 11747, effective June 29, 1987; amended in
R86-34 at 11 Ill. Reg. 12267, effective July 10, 1987; amended in R86-39 at 11 Ill. Reg. 20804,
effective December 14, 1987; amended in R82-14 and R86-37 at 12 Ill. Reg. 787, effective
December 24, 1987; amended in R86-18 at 12 Ill. Reg. 7284, effective April 8, 1988; amended
in R86-10 at 12 Ill. Reg. 7621, effective April 11, 1988; amended in R88-23 at 13 Ill. Reg.
10862, effective June 27, 1989; amended in R89-8 at 13 Ill. Reg. 17457, effective January 1,
1990; amended in R89-16(A) at 14 Ill. Reg. 9141, effective May 23, 1990; amended in R88-
30(B) at 15 Ill. Reg. 5223, effective March 28, 1991; amended in R88-14 at 15 Ill. Reg. 7901,
effective May 14, 1991; amended in R91-10 at 15 Ill. Reg. 15564, effective October 11, 1991;
amended in R91-6 at 15 Ill. Reg. 15673, effective October 14, 1991; amended in R91-22 at 16
Ill. Reg. 7656, effective May 1, 1992; amended in R91-24 at 16 Ill. Reg. 13526, effective August
24, 1992; amended in R93-9 at 17 Ill. Reg. 16504, effective September 27, 1993; amended in
R93-11 at 17 Ill. Reg. 21471, effective December 7, 1993; amended in R93-14 at 18 Ill. Reg.
1253, effective January 18, 1994; amended in R94-12 at 18 Ill. Reg. 14962, effective September
21, 1994; amended in R94-14 at 18 Ill. Reg. 15744, effective October 17, 1994; amended in
R94-15 at 18 Ill. Reg. 16379, effective October 25, 1994; amended in R94-16 at 18 Ill. Reg.
16929, effective November 15, 1994; amended in R94-21, R94-31 and R94-32 at 19 Ill. Reg.
6823, effective May 9, 1995; amended in R94-33 at 19 Ill. Reg. 7344, effective May 22, 1995;
amended in R95-2 at 19 Ill. Reg. 11066, effective July 12, 1995; amended in R95-16 at 19 Ill.
Reg. 15176, effective October 19, 1995; amended in R96-5 at 20 Ill. Reg. 7590, effective May
50
22, 1996; amended in R96-16 at 21 Ill. Reg. 2641, effective February 7, 1997; amended in R97-
17 at 21 Ill. Reg. 6489, effective May 16, 1997; amended in R97-24 at 21 Ill. Reg. 7695,
effective June 9, 1997; amended in R96-17 at 21 Ill. Reg. 7856, effective June 17, 1997;
amended in R97-31 at 22 Ill. Reg. 3497, effective February 2, 1998; amended in R98-17 at 22 Ill.
Reg.11405, effective June 22, 1998; amended in R01-9 at 25 Ill. Reg. 128, effective December
26, 2000; amended in R01-11 at 25 Ill. Reg. 4597, effective March 15, 2001; amended in R01-17
at 25 Ill. Reg. 5900, effective April 17, 2001; amended in R05-11 at Ill. Reg. ,
effective ________________.
BOARD NOTE: This Part implements the Illinois Environmental Protection Act as of July 1,
1994.
SUBPART B: DEFINITIONS
Section 211.3695
Maximum True Vapor Pressure
"Maximum true vapor pressure" means the equilibrium partial pressure exerted by stored VOL at
the temperature equal to the highest calendar-month average of the VOL storage temperature for
VOLs stored above or below the ambient temperature or at the local maximum monthly average
temperature of 75
°
F for the Chicago nonattainment area as defined at 35 Ill. Adm. Code
218.100 or 79
°
F for the Metro-East nonattainment area as defined at 35 Ill. Adm. Code 219.100
for VOLs stored at the ambient temperature, as determined:
a)
In accordance with methods described in American Petroleum Institute bulletin
2517, Evaporation Loss from External Floating Roof Tanks, incorporated by
reference at 35 Ill. Adm. Code 218.112 and 219.112; or
b)
By ASTM Method D2879-83, incorporated by reference at 35 Ill. Adm. Code
218.112(a)(1) and 219.112(a)(1).
(Source: Amended at __ Ill. Reg. _____, effective ______________)
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above opinion and order on June 2, 2005, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
