TITLE 35: ENVIRONMENTAL PROTECTION
     
    SUBTITLE B: AIR POLLUTION
     
    CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
     
    PART
    264
     
    INTERPRETATION OF POLLUTION CONTROL BOARD
     
    RULES AND RELATED DEFINITIONS CONCERNING
     
    GRAIN HANDLING AND GRAIN DRYING OPERATIONS
     
     
    Section
    264.101 Statutory Authority
    264.102 Determination of New and Existing Grain Handling Operations
    264.103 Annual Grain Through-put
    264.104 Control Equipment Requirements
    264.105 One-turn Storage
     
    APPENDIX A Rule into Section Table
     
    AUTHORITY: Implementing and authorized by Sections 4 and 39 of the Environmental
    Protection Act (Ill. Rev. Stat. 1981, ch. 111 1/2, pars. 1004 and 1039).
     
    SOURCE: "Interpretation of Rule 203(d)(9)(F) of the Pollution Control Board Rules and
    Regulations, Chapter 2: Air Pollution and Related Definitions Concerning Grain Handling and
    Grain Drying Operations," filed and effective December 30, 1977; codified at 8 Ill. Reg. 1449.
     
    Section 264.101 Statutory Authority
     
    These rules are promulgated pursuant to authority conferred on the Environmental Protection
    Agency (Agency) by Sections 4 and 39 of the Environmental Protection Act (Ill. Rev. 1981, ch.
    111 1/2, pars. 1004 and 1039) (Act).
     
    Section 264.102 Determination of New and Existing Grain Handling Operations
     
    a) Existing Grain Handling Operations: Any grain handling operation in existence prior to
    June 30, 1975 or for which construction or modification commenced prior to June 30,
    1975.
     
    b) New Grain Handling Operation: Any grain handling operation for which construction
    commenced on or after June 30, 1975.
     
    Section 264.103 Annual Grain Through-put
     
    a) Original annual grain through-put is the annual grain through-put upon which the
    operation's first operating or construction permit is granted and is determined as follows:
     
    1) For existing grain handling operations for which construction or modification
    commenced prior to June 30, 1972, an amount equal to the sum of grain receipts
    and shipments for the three fiscal years prior to June 30, 1975, divided by six;
     
    2) For existing grain handling operations for which construction or modification
    commenced after June 30, 1972, an amount determined by a reasonable three year
    estimate;
     
    3) For new grain handling operations, an amount determined by a reasonable three
    year estimate.
     
    b) Annual grain through-put, other than original annual grain through-put, shall be
    determined as follows:
     
    1) For grain handling operations less than three years old, an amount determined by
    a reasonable three year estimate;
     
    2) For grain handling operations more than 3 years old, an amount equal to the sum
    of grain receipts and shipments for the previous three fiscal years divided by six.
     
    c) Where the annual grain through-put is based on a reasonable estimate, the owner or
    operator shall document the reasonableness of the estimate.
     
    d) Where the annual grain through-put is based on the sum of grain receipts and shipments,
    the owner or operator shall document the accuracy of the records.
     
    Section 264.104 Control Equipment Requirements
     
    a) New grain handling operations: All new grain handling operations with an annual grain
    through-put of 300,000 bushels or more shall comply with the control equipment
    requirements of Rule 203(d)(8)(B) of the Pollution Control Board Rules and Regulations,
    Chapter 2: Air Pollution (codified as 35 Ill. Adm. Code 212.462(a)-(d)).
     
    b) Modification to existing grain handling operations:
     
    1) If modifications to an existing grain handling operation do not increase the annual
    grain through-put by more than 30% from the original annual grain through-put
    and the annual grain through-put after modification is 300,000 bushels or more,
    the modifications shall comply with the control equipment requirements of Rule
    203(d)(8)(B), but existing equipment need not be upgraded to comply with the
    control equipment requirements of Rule 203(d)(8)(B).
     
    2) If modifications to an existing grain handling operation increase the annual grain
    through-put by more than 30% from the original annual grain through-put and the
    annual grain through-put after modification is 300,000 bushels or more, the entire
    existing grain handling operation and the modifications shall comply with Rule
    203(d)(8)(B).
     
    3) If modifications to an existing grain handling operation with an annual grain
    handling through-put of less than 300,000 bushels do not increase the annual
    grain through-put to 300,000 bushels or more, the modifications need not comply
    with the control equipment requirements of Rule 203(d)(8)(B).
     
    Section 264.105 One-turn Storage
     
    One-turn storage is the storage of grain by the use of portable grain handling equipment
    exclusively in a space filled and emptied only once in any 365 day period.
     
    Section 264.APPENDIX A Rule into Section Table
     
     
    Rule Section
     
    1.0 264.101
    2.0 264.102
    3.0 264.103
    4.0 264.104
    5.0 264.105
     

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