TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER II: ENVIRONMENTAL PROTECTION
AGENCY
PART
270
CLEAN AIR ACT PERMIT PROGRAM PROCEDURES
SUBPART A: GENERAL PROVISIONS
Section
270.101 Purpose
270.102 Definitions
270.103 Existing CAAPP Source
270.104 Initial CAAPP Application
270.105 New CAAPP Source
270.106 Standard Industrial Classification (SIC) Code
270.107 Applicability
270.108 Incorporation by Reference
SUBPART B: TRANSITION
Section
270.201 Schedule for Submission of Initial CAAPP Applications for Existing CAAPP
Sources
270.202 Transition from the State Operating Permit Program
SUBPART C: CAAPP APPLICATIONS
Section
270.301 Application Submittal
270.302 Application Submittal for Modifications of CAAPP Permits
270.303 Agency Determination of Completeness
270.304 Effect of a Timely and Complete Application Submittal
270.305 Subsequent Agency Request for Information
270.306 Submittal of New or Revised Information
270.307 Agency Action on CAAPP Applications
270.308 Requests for Exclusion from the CAAPP
SUBPART D: CONTENTS OF CAAPP APPLICATIONS
Section
270.401 General Application Information
270.402 General Source Information
270.403 Information for Individual Emission Units
270.404 Compliance Plan/Schedule of Compliance
270.405 Compliance Certification
270.406 Operational Flexibility
270.407 Startup
270.408 Malfunction or Breakdown
270.409 Confidential Information
270.410 Permit Shield
270.411 Accidental Releases
270.412 MACT Determination
270.413 Acid Rain
SUBPART E: REOPENINGS
Section
270.501 Applicability
270.502 Purpose
270.503 Reopenings Initiated by the Agency
270.504 Reopenings Initiated by USEPA
SUBPART F: FEES
Section
270.601 Purpose
270.602 Definitions
270.603 Amount of Fee
270.604 Billing Procedures
270.605 Payment Procedures
270.606 Refund and Underpayment of Fees
270.607 Requests for Reconsideration of Fee Amount
270.608 Agency Response to Requests for Reconsideration
270.609 Appeal of Agency Response
AUTHORITY: Implementing and authorized by Section 39.5 of the Environmental Protection
Act (See P.A. 87-1213, effective September 26, 1992, and P.A. 88-464, effective August 20,
1993) [415 ILCS 5/39.5].
SOURCE: Adopted at 18 Ill. Reg. 9425, effective June 14, 1994; emergency amendment at 19
Ill. Adm. Code 7976, effective June 7, 1995, for a maximum of 150 days.
NOTE: Capitalization denotes statutory language.
SUBPART A: GENERAL PROVISIONS
Section 270.101 Purpose
This Part provides procedural rules to implement Section 39.5 of the Environmental
Protection Act (See P.A. 87-1213, effective September 26, 1992, and P.A. 88-464, effective
August 20, 1993) [415 ILCS 5/39.5] ("Act"), the permit program established for this State
pursuant to Title V of the Clean Air Act as amended (42 U.S.C. '7401 et seq.).
Section 270.102 Definitions
Except as otherwise defined in this Part, definitions of terms used in this Part shall be those
used in Section 39.5 of the Act and 35 Ill. Adm. Code 211.
Section 270.103 Existing CAAPP Source
"Existing CAAPP source" means a CAAPP source that commenced operation prior to the
effective date of the CAAPP.
Section 270.104 Initial CAAPP Application
"Initial CAAPP application" means the first CAAPP application submitted for an existing
CAAPP source.
Section 270.105 New CAAPP Source
"New CAAPP source" means a CAAPP source that is not an existing CAAPP source.
Section 270.106 Standard Industrial Classification (SIC) Code
"Standard Industrial Classification (SIC) Code" means the 2-, 3-, or 4- digit code for a source
based on the primary activity conducted at the source, as determined from the Standard
Industrial Classification Manual (1987), Superintendent of Documents, U.S. Government
Printing Office, Washington, D.C. 20402, incorporated by reference in Section 270.108 of
this Part.
Section 270.107 Applicability
This Part applies to the owner or operator of any source required to have an operating permit
pursuant to Section 39.5 of the Act.
Section 270.108 Incorporation by Reference
Standard Industrial Classification Manual, Superintendent of Documents, Washington, D.C.
20402, 1987, is incorporated by reference. This incorporation does not include any later
amendments or editions.
SUBPART B: TRANSITION
Section 270.201 Schedule for Submission of Initial CAAPP Applications for
Existing CAAPP Sources
An owner or operator of an existing CAAPP source shall submit to the Agency a complete
initial CAAPP application for the source no later than the applicable date specified below:
a) An owner or operator of a CAAPP source with the following SIC codes shall submit
its initial complete CAAPP application no later than 3 months after the effective date
of the CAAPP: 70, 80, 82, 92, and 97 (institutions); 44, 50, and 51 (material
handling); 10, 12, and 14 (mining); and 2951 (asphalt plants);
b) An owner or operator of a CAAPP source with the following SIC codes shall submit
its initial complete CAAPP application no later than 6 months after the effective date
of the CAAPP: 26 (paper and allied products); 27 (printing and publishing); 46, 494,
and 495 (pipelines and utilities other than natural gas pipelines); 491 and 493 (electric
utilities); and 32 (mineral products);
c) An owner or operator of a CAAPP source not included in (a) or (b) above or (d)
below shall submit its initial complete CAAPP application no later than 9 months
after the effective date of the CAAPP; and
d) An owner or operator of a CAAPP source with the following SIC codes shall submit
its initial complete CAAPP application no later than 12 months after the effective
date of the CAAPP: 20 (agricultural products); 28 (chemicals); 29 (petroleum
refining not including 2951); 33 (iron and steel products); and 37 (transportation
equipment).
Section 270.202 Transition from the State Operating Permit Program
a) AN OWNER OR OPERATOR OF A CAAPP SOURCE SHALL NOT BE
REQUIRED TO RENEW AN EXISTING STATE OPERATING PERMIT FOR
ANY EMISSION UNIT AT SUCH CAAPP SOURCE ONCE A CAAPP
APPLICATION TIMELY SUBMITTED PRIOR TO THE EXPIRATION OF THE
STATE OPERATING PERMIT HAS BEEN DEEMED COMPLETE. FOR
PURPOSES OTHER THAN PERMIT RENEWAL, THE OBLIGATION UPON
THE OWNER OR OPERATOR OF A CAAPP SOURCE TO OBTAIN A STATE
OPERATING PERMIT IS NOT REMOVED UPON SUBMITTAL OF A
COMPLETE CAAPP APPLICATION. AN OWNER OR OPERATOR OF A
CAAPP SOURCE SEEKING TO MAKE A MODIFICATION TO A SOURCE
PRIOR TO THE ISSUANCE OF ITS CAAPP PERMIT SHALL BE REQUIRED TO
OBTAIN A CONSTRUCTION AND/OR OPERATING PERMIT AS REQUIRED
FOR SUCH MODIFICATION IN ACCORDANCE WITH THE STATE PERMIT
PROGRAM UNDER SECTION 39(a) OF the ACT, AS AMENDED, AND
REGULATIONS PROMULGATED THEREUNDER. THE APPLICATION FOR
SUCH CONSTRUCTION AND/OR OPERATING PERMIT SHALL BE
CONSIDERED AN AMENDMENT TO THE CAAPP APPLICATION
SUBMITTED FOR SUCH SOURCE. (See Section 39.5(4)(a) of the Act)
b) AN OWNER OR OPERATOR OF A CAAPP SOURCE SHALL CONTINUE TO
OPERATE IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF ITS
APPLICABLE STATE OPERATING PERMIT NOTWITHSTANDING THE
EXPIRATION OF THE STATE OPERATING PERMIT UNTIL THE SOURCE'S
CAAPP PERMIT HAS BEEN ISSUED. (See Section 39.5(4)(b) of the Act)
c) THE CAAPP PERMIT SHALL, UPON BECOMING EFFECTIVE, SUPERSEDE
THE STATE OPERATING PERMIT. (See Section 39.5(4)(g) of the Act)
SUBPART C: CAAPP APPLICATIONS
Section 270.301 Application Submittal
a) In order for a submittal to be deemed timely, an owner or operator of an existing
CAAPP source shall submit to the Agency a complete initial CAAPP application in
accordance with the schedule set forth in Section 270.201 of this Part. An owner or
operator of an existing CAAPP source may voluntarily submit its initial CAAPP
application prior to the date required in this Part, provided that the CAAPP submittal
to the Agency is subsequent to the date the Agency submits the CAAPP to USEPA
for approval.
b) THE OWNER OR OPERATOR OF A NEW CAAPP SOURCE SHALL SUBMIT
ITS COMPLETE CAAPP APPLICATION CONSISTENT WITH Section 39.5(5) of
the Act.
c) An owner or operator of a new CAAPP source must comply with all applicable
construction permit requirements.
d) In order for a submittal to be deemed timely, an owner or operator of a CAAPP
source shall submit to the Agency a complete CAAPP application for the renewal of a
CAAPP permit not later than 9 months before the date of permit expiration of the
existing CAAPP permit.
Section 270.302 Application Submittal for Modifications of CAAPP Permits
a) A complete application for a significant modification of a CAAPP permit shall be
submitted to the Agency not later than 9 months prior to the date of implementation
of the proposed change. The proposed change may be implemented as soon as the
Agency has taken final action to approve the change.
b) A complete application for a permit modification under Section 112(g) of the Clean
Air Act shall be submitted to the Agency not later than 12 months after
implementation of the proposed change. However, if the proposed change is a
significant modification, subsection (a) above shall apply.
c) A complete application for a minor permit modification of a CAAPP permit using the
minor permit modification or group processing procedure shall be submitted to the
Agency prior to the date of implementation of the proposed change consistent with
Section 39.5(14) of the Act.
d) A written request for an administrative permit amendment of a CAAPP permit shall
be submitted to the Agency prior to the date of implementation of the proposed
change.
e) A construction permit may be incorporated into a CAAPP permit through the
administrative permit amendment procedures, pursuant to Section 39.5(13)(c)(v) of
the Act, if procedural and compliance requirements substantially equivalent to those
for the issuance of CAAPP permits were met in the issuance of the construction
permit; otherwise, the construction permit must be incorporated into the CAAPP
permit through the significant modification procedures.
Section 270.303 Agency Determination of Completeness
a) In order for an initial or renewal CAAPP application or an application for a
significant modification to be deemed complete by the Agency, the application shall
provide all of the information required in Subparts C and D of the Part applicable to
the source for which the application is being submitted.
b) THE AGENCY SHALL PROVIDE NOTICE TO A CAAPP APPLICANT AS TO
WHETHER A SUBMITTED CAAPP APPLICATION IS COMPLETE. UNLESS
THE AGENCY NOTIFIES THE APPLICANT OF INCOMPLETENESS WITHIN
60 DAYS OF RECEIPT OF THE CAAPP APPLICATION, THE APPLICATION
SHALL BE DEEMED COMPLETE. (See Section 39.5(5)(f) of the Act)
c) Where an applicant is proposing in its CAAPP application that an activity at the
source be treated as an insignificant activity, the Agency will make its completeness
determination in accordance with subsection (a) above. If the Agency requests any
additional information regarding the proposed insignificant activity, such information
shall be provided in accordance with Section 270.305 of this Part.
Section 270.304 Effect of a Timely and Complete Application Submittal
a) An owner or operator of a CAAPP source shall not be in violation of the requirement
to have a CAAPP permit under Section 39.5 of the Act if such owner or operator has
submitted a timely and complete CAAPP application, until the Agency takes final
action on the CAAPP application except as provided in subsection (b) below.
b) If the owner or operator of a CAAPP source fails to submit additional information
requested by the Agency by the reasonable deadline specified pursuant to Section
270.305 of this Part, the owner or operator shall lose the protection provided in
subsection(a) above.
Section 270.305 Subsequent Agency Request for Information
a) THE AGENCY MAY REQUEST ADDITIONAL INFORMATION AS NEEDED
TO MAKE a COMPLETENESS DETERMINATION. THE AGENCY MAY TO
THE EXTENT PRACTICABLE PROVIDE THE APPLICANT WITH A
REASONABLE OPPORTUNITY TO CORRECT DEFICIENCIES PRIOR TO A
FINAL DETERMINATION OF COMPLETENESS. (See Section 39.5(5)(f) of the
Act)
b) If, while processing an application that has been determined or deemed to be
complete, the Agency determines that additional information is necessary to evaluate
or take final action on that application, it may request such information in writing and
set a reasonable deadline for response.
Section 270.306 Submittal of New or Revised Information
ANY APPLICANT WHO FAILS TO SUBMIT ANY RELEVANT FACTS NECESSARY
TO EVALUATE THE SUBJECT SOURCE AND ITS CAAPP APPLICATION OR WHO
HAS SUBMITTED INCORRECT INFORMATION IN A CAAPP APPLICATION SHALL,
UPON BECOMING AWARE OF SUCH FAILURE OR INCORRECT SUBMITTAL,
SUBMIT SUPPLEMENTARY FACTS OR CORRECT INFORMATION TO THE
AGENCY. IN ADDITION, AN APPLICANT SHALL PROVIDE TO THE AGENCY
ADDITIONAL INFORMATION AS NECESSARY TO ADDRESS ANY
REQUIREMENTS WHICH BECOME APPLICABLE TO THE SOURCE SUBSEQUENT
TO THE DATE THE APPLICANT SUBMITTED ITS COMPLETE CAAPP
APPLICATION BUT PRIOR TO RELEASE OF THE DRAFT CAAPP PERMIT. (See
Section 39.5(5)(i) of the Act)
Section 270.307 Agency Action on CAAPP Applications
a) In accordance with Section 39.5(10) of the Act, THE AGENCY SHALL ISSUE OR
DENY THE CAAPP PERMIT WITHIN 18 MONTHS AFTER THE DATE OF
RECEIPT OF THE COMPLETE CAAPP APPLICATION, WITH THE
FOLLOWING EXCEPTIONS,
1) PERMITS FOR AFFECTED SOURCES FOR ACID DEPOSITION SHALL
BE ISSUED OR DENIED WITHIN 6 MONTHS AFTER RECEIPT OF A
COMPLETE APPLICATION IN ACCORDANCE WITH Section 39.5(17) of
the Act;
2) THE AGENCY SHALL ACT ON INITIAL CAAPP APPLICATIONS
WITHIN 24 MONTHS AFTER THE DATE OF RECEIPT OF THE
COMPLETE CAAPP APPLICATION; and
3) THE AGENCY SHALL ACT ON COMPLETE APPLICATIONS
CONTAINING EARLY REDUCTION DEMONSTRATIONS UNDER
SECTION 112(i)(5) OF THE CLEAN AIR ACT WITHIN 9 MONTHS OF
RECEIPT OF THE COMPLETE CAAPP APPLICATION. (See Section
39.5(5)(j) of the Act)
b) WHERE THE AGENCY DOES NOT TAKE FINAL ACTION ON THE PERMIT
WITHIN THE REQUIRED TIME PERIOD, THE PERMIT SHALL NOT BE
DEEMED ISSUED; RATHER, THE FAILURE TO ACT SHALL BE TREATED AS
A FINAL PERMIT ACTION FOR PURPOSES OF JUDICIAL REVIEW
PURSUANT TO SECTIONS 40.2 AND 41 OF the ACT. (See Section 39.5(5)(j) of
the Act)
Section 270.308 Requests for Exclusion from the CAAPP Due to Permanent
Physical Constraints
The owner or operator of a CAAPP source that has been issued a CAAPP permit and that has
reduced its potential to emit to a level below the major source threshold for each air pollutant
emitted at the source, as defined in Section 39.5(2) of the Act, may seek exclusion from the
CAAPP. The owner or operator of the source must request this exclusion from the Agency
and demonstrate that the source's potential to emit has been reduced to a level below the
major source threshold for each air pollutant emitted due to permanent physical constraints.
SUBPART D: CONTENTS OF CAAPP APPLICATIONS
Section 270.401 General Application Information
a) An owner or operator of a CAAPP source shall submit to the Agency four copies of a
single complete CAAPP application covering all emission units and air pollution
control equipment at the source.
b) A CAAPP application shall contain a table of contents and a list of items and
activities for which a permit is being sought.
c) In accordance with Section 39.5(5)(c) of the Act, a CAAPP application shall contain
all information sufficient to evaluate the subject source and its application, to
determine all applicable requirements, including establishing the basis for fees, and to
evaluate compliance of the subject source with these applicable requirements.
d) Information, as specified in Section 270.402 (excluding Section 207.402(a)) through
Section 270.405 of this Part, including data and calculations for emissions of
hazardous air pollutants listed in Section 112(b) of the Clean Air Act, is not required
to be submitted for insignificant activities or emission levels at the source, as defined
by applicable Board regulations, provided a list of such activities or emission levels is
submitted in the application identifying the particular definition under which each
listed activity or emission level qualifies as significant and accompanied by a
certification that all listed activities and emission levels qualify as insignificant,
unless additional information is requested by the Agency.
e) A CAAPP application in which the owner or operator of a CAAPP source is seeking
an alternative emission limit to that contained in the applicable Board regulations
shall include a showing that the applicable Board regulation and State
Implementation Plan adopted by USEPA allow for such an alternative emission limit
to be set by the Agency in a permit and shall demonstrate that the proposed limit is
equivalent to the applicable Board regulation.
f) A CAAPP application shall contain a certification by a responsible official that, based
on information and belief formed by the responsible official after reasonable inquiry,
the statements and information in the application are true, accurate, and complete.
This certification shall be dated and signed by the responsible official.
g) AN OWNER OR OPERATOR OF A CAAPP SOURCE WHICH SEEKS
EXCLUSION FROM THE CAAPP THROUGH THE IMPOSITION OF
FEDERALLY ENFORCEABLE CONDITIONS, limiting the potential to emit of the
source to a level below the major source threshold as described in Section 39.5(2)(c)
of the Act, MUST REQUEST SUCH EXCLUSION WITHIN A CAAPP
APPLICATION SUBMITTED CONSISTENT WITH THIS Part ON OR AFTER
THE DATE THAT THE CAAPP APPLICATION FOR THE SOURCE IS DUE.
PRIOR TO SUCH DATE, but in no case later than nine months after the effective
date of the CAAPP, SUCH OWNER OR OPERATOR MAY REQUEST THE
IMPOSITION OF FEDERALLY ENFORCEABLE CONDITIONS PURSUANT TO
Section 39.5(1.1)(b) of the Act. (See Section 39.5(5)(u) of the Act)
h) Notwithstanding other provisions of this Subpart, once the Agency has issued a
general permit for a source category, the Agency may waive the requirement for
submittal of particular information in subsequent applications for coverage under
such general permit, provided that such applications meet all requirements of Title V
of the Clean Air Act and include all information necessary to determine qualification
for and to assure compliance with the general permit.
(Note: To determine whether data and calculations for emissions of hazardous air
pollutants listed in Section 112(b) of the Clean Air Act must be included in the
CAAPP application, see 35 Ill. Adm. Code 201 Subpart F.)
Section 270.402 General Source Information
Consistent with Section 270.401(d) of this Part a CAAPP application shall contain the
following:
a) Source identifying information including company name and address (or plant name
and address if different from company name), owner's name and agent, operator's
name (if different from owner), and telephone number and names of plant site
manager/contact;
b) A process flow diagram that shows all emission units and air pollution control
equipment, and the relationship and connections between these items at the source. If
this information cannot be provided on a single diagram, process flow diagrams for
groups of related emission units or individual departments at the source and a source
overview diagram showing the relationship and connections between the different
groups or departments at the source may be provided;
c) Identification and description of the source's processes and products by Standard
Industrial Classification Code including any associated with each reasonably
anticipated operating scenario for which a permit is being sought, which may be
described in terms of ranges of operating parameters;
d) A plot plan/map of the location of the source which shows the location of buildings,
stacks and vents. The plot/plan map must also depict the area surrounding the source
including structures such as residences, hospitals, schools, nursing homes,
commercial establishments, and manufacturing sites within one-quarter mile of the
source;
e) Upon request by the Agency, a source layout drawing showing the basic geometric
shape of each building or structure at the source which contains an emission unit that
is itself major and indicating each stack and vent;
f) Limitations on source operations affecting emissions or any work practice standards,
where applicable, if different than those provided for individual emission units
pursuant to Section 270.403(l) of this Part;
g) Identification and description of each reasonably anticipated operating scenario of
processes at the source and the emission rates associated with each such operating
scenario;
h) A summary of all hazardous air pollutants listed in Section 112(b) of the Clean Air
Act emitted at the source that includes a list of such pollutants emitted and the
maximum and typical emission rates in tons-per-year and in such other terms as are
necessary to establish the applicability of requirements consistent with the applicable
standard reference test methods;
i) An early reduction demonstration for hazardous air pollutants if the owner or operator
of the source is applying for an extension pursuant to Section 112(i)(5) of the Clean
Air Act;
j) The name and address of the party to be billed and the name and telephone number of
an individual capable of answering questions concerning billing; and
k) Calculations used to determine all the emission rates as required above if different
than those provided for individual emission units pursuant to Section 270.403(g) of
this Part.
Section 270.403 Information for Individual Emission Units
A CAAPP application shall contain the following for each emission unit, for each mode of
operation for which a permit is being sought:
a) Identification and description of the emission unit and the mode of operation for
which a permit is being sought;
b) Citation and description of all applicable requirements, including requirements that
will become effective during the term of a permit if such requirement has been
promulgated at the time of permit application;
c) Description of the applicable test method relied upon for determining compliance
with each applicable requirement;
d) Identification and description of compliance monitoring devices or activities,
including recordkeeping and reporting activities to the extent that they are air
emissions related;
e) The maximum emission rates for each regulated air pollutant and air pollutant for
which the source is major in tons-per-year, pounds-per-hour (unless emissions are not
normally calculated in pounds-per-hour) and in such other terms that are necessary to
establish the applicability of requirements and compliance with the applicable
limitations and standards, and consistent with the applicable standard reference test
methods. Estimates of typical emissions shall be included if different than the above
maximum emission rates in the same terms as the maximum emission rates;
f) Allowable emissions in tons-per-year and in such other terms as necessary to allow
the determination of fees and to establish any associated permit limits;
g) Calculations on which the emission rates required by subsections (e) and (f) above
are based;
h) To the extent they are related to air emissions, fuels and raw materials used,
maximum and typical fuel use, raw material use rates, production rates and operating
schedules, characteristics of fuels or raw materials and material balance information
and the calculations on which this information is based;
i) To the extent that they are related to the determination of air emissions or compliance
with applicable requirements, identification and description of air pollution control
equipment and control methods and information describing their effectiveness,
including operating parameters or pollutant reduction efficiencies during maximum
and typical operation of associated emission units, and the calculations on which the
information is based;
j) Identification and description of pollutant exhaust points, including information
required by applicable rules to demonstrate compliance;
k) Identification of any proposed exemptions from otherwise applicable requirements,
including any explanation and justification of the applicability of such exemptions,
with supporting calculations;
l) Limitations on unit operations affecting emissions or any work practice standards,
where applicable; and
m) Other information that is specifically required by any applicable requirement.
Section 270.404 Compliance Plan/Schedule of Compliance
A CAAPP application shall contain a compliance plan/schedule of compliance for all
emission units at the source, regardless of the compliance status of each emission unit, that
contains the following:
a) A description of the compliance status of all emission units at the source with respect
to all applicable requirements as follows:
1) For applicable requirements with which the source is in compliance at the
time of application submittal, a statement that the source will continue to
comply with such requirements during the permit term;
2) For applicable requirements that will become effective during the permit term,
a statement that the source will achieve compliance with such requirements on
a timely basis and will continue to comply with such requirements during the
permit term;
3) For applicable requirements with which the source is not in compliance at the
time of application submittal but will be in compliance prior to permit
issuance, a statement that the source will achieve compliance prior to permit
issuance and will continue to comply with such requirements during the
permit term; and
4) For applicable requirements with which the source is not in compliance at the
time of application submittal and will not be in compliance at the time of
permit issuance, a narrative description of how the source will achieve
compliance with such requirements;
b) A compliance plan/schedule of compliance addendum for emission units described in
subsection (a)(4) above that includes a schedule of remedial measures, including an
enforceable sequence of actions with milestones, leading to compliance with any such
applicable requirements for which the source will be in noncompliance at the time of
application submittal. This compliance plan/schedule of compliance addendum shall
resemble and be at least as stringent as that contained in any judicial consent decree
or administrative order to which the source is subject;
c) A schedule for submission of certified progress reports no less frequently than every
6 months for sources required to have a compliance plan/schedule of compliance to
remedy a violation; and
d) For an effected source of acid rain deposition, the compliance plan/schedule of
compliance content requirements specified in this Section shall apply to and be
included in the compliance plan/schedule of compliance of such source's Phase II
acid rain permit, for an affected source for acid deposition, except as specifically
superseded by regulations promulgated under Title IV of the Clean Air Act with
regard to schedule and method(s) the source will use to achieve compliance with the
acid rain emissions limitations.
Section 270.405 Compliance Certification
A CAAPP application shall contain a compliance certification that contains the following:
a) A certification of compliance with all applicable requirements except those identified,
signed by a responsible official consistent with Section 270.401(e) of this Part;
b) A statement of methods used for determining compliance, including a description of
monitoring, record keeping, and reporting requirements and test methods;
c) A proposed schedule for submission of compliance certifications during the permit
term, to be submitted no less frequently than annually, or more frequently if specified
by the underlying applicable requirement or by the Agency; and
d) A statement indicating the source's compliance status with all applicable enhanced
monitoring and compliance certification requirements of the Clean Air Act.
Section 270.406 Operational Flexibility
If the owner or operator of a CAAPP source desires a CAAPP permit which contains terms
and conditions allowing for the trading of emissions increases and decreases at the CAAPP
source solely for the purpose of complying with a federally-enforceable emissions cap that is
established in the permit independent of otherwise applicable requirements, then the
application must contain such a request and include proposed replicable procedure and
permit terms (including reporting and record keeping procedures) that can be placed in the
permit to ensure that any proposed emissions trades are quantifiable and enforceable.
Section 270.407 Startup
A request to exceed the standards or limitations of Subchapter c of Chapter I of the Board's
Air Pollution regulations (35 Ill. Adm. Code 212 et seq.) during startup of an emission unit,
if desired, must be contained in the CAAPP application and shall include at a minimum a
description of the startup procedure, the duration and frequency of such startups, the types
and quantities of emissions during startup and the applicant's efforts to minimize any such
startup emissions, duration of individual startups and frequency of startups, and all
calculations used to determine the above information. In no event shall permission be given
to operate during startup where such startup would result in an exceedance of the ambient air
quality standard. The Agency may grant permission to operate during startup in accordance
with 35 Ill. Adm. Code 201.262.
Section 270.408 Malfunction or Breakdown
A request to continue to operate an emission unit in excess of the standards or limitations of
Subchapter c of Chapter I of the Board's Air Pollution regulations (35 Ill. Adm. Code 212 et
seq.) during a malfunction or breakdown of the emission unit or related air pollution control
equipment, if desired, must be contained in the CAAPP application and shall include, at a
minimum, a detailed explanation of why such continued operation will be necessary; the
nature of any anticipated malfunction or breakdown; emission points and quantities of
emissions which will occur during such continued operation; the anticipated length of time
during which such operation will continue; all measures, such as use of off-shift labor or
equipment, which will be taken to minimize the quantity of air contaminant emissions and
length of time during which such operation will continue; and the calculations used to
determine the above information. The Agency may grant permission to operate during a
malfunction or breakdown in accordance with 35 Ill. Adm. Code 201.262.
Section 270.409 Confidential Information
If the applicant determines that certain submitted information in the CAAPP application be
held confidential, the applicant shall mark and claim such information according to the Act
and applicable regulations.
Section 270.410 Permit Shield
THE OWNER OR OPERATOR OF A CAAPP SOURCE SEEKING A PERMIT SHIELD in
its CAAPP permit PURSUANT TO SECTION 39.5(7)(j) of the Act SHALL REQUEST
SUCH PERMIT SHIELD IN THE CAAPP APPLICATION REGARDING THAT
SOURCE. See Section 39.5(5)(p) of the Act
Section 270.411 Accidental Releases
The owner or operator of a CAAPP source shall certify in its CAAPP application, if
applicable, that it has registered its risk management plan pursuant to Section 112(r) of the
Clean Air Act or that it intends to comply with such requirement in accordance with its
compliance plan/schedule of compliance.
Section 270.412 MACT Determination
The CAAPP application must contain a proposed determination of maximum achievable
control technology (MACT) for hazardous air pollutants (HAPs) in accordance with Section
112 of the Clean Air Act, if applicable.
Section 270.413 Acid Rain
a) A DESIGNATED REPRESENTATIVE OF AN AFFECTED SOURCE FOR ACID
DEPOSITION SHALL SUBMIT A TIMELY AND COMPLETE PHASE II ACID
RAIN PERMIT APPLICATION AND COMPLIANCE PLAN TO THE AGENCY,
NOT LATER THAN JANUARY 1, 1996, THAT MEETS THE REQUIREMENTS
OF TITLES IV AND V OF THE CLEAN AIR ACT AND REGULATIONS, in
accordance with Section 39.5(17) of the Act. (See Section 39.5(17)(b) of the Act)
b) A DESIGNATED REPRESENTATIVE OF AN AFFECTED SOURCE FOR ACID
DEPOSITION SHALL SUBMIT A TIMELY AND COMPLETE TITLE IV NOX
PERMIT APPLICATION TO THE AGENCY, NOT LATER THAN JANUARY 1,
1998, THAT MEETS THE REQUIREMENTS OF TITLES IV AND V OF THE
CLEAN AIR ACT AND ITS REGULATIONS, in accordance with Section 39.5(17)
of the Act. (See Section 39.5(17)(e) of the Act)
SUBPART E: REOPENINGS
Section 270.501 Applicability
The provisions of this Subpart shall apply only if:
a) The Agency determines that cause exists to reopen and revise a CAAPP permit,
pursuant to Section 39.5(15)(a) of the Act; or
b) USEPA determines that cause exists to reopen and modify a CAAPP permit, pursuant
to Section 39.5(16) of the Act.
Section 270.502 Purpose
This Subpart specifies the procedures for the reopening and revision of a CAAPP permit
initiated by the Agency or USEPA pursuant to Section 270.501 of this Part. These
procedures shall affect only those parts of a CAAPP permit for which cause to reopen exists.
Section 270.503 Reopenings Initiated by the Agency
a) The Agency shall reopen and revise a CAAPP permit for any of the following
reasons:
1) ADDITIONAL REQUIREMENTS UNDER THE CLEAN AIR ACT
BECOME APPLICABLE TO A MAJOR CAAPP SOURCE FOR WHICH
THREE OR MORE YEARS REMAIN ON THE ORIGINAL TERM OF THE
PERMIT. SUCH A REOPENING SHALL BE COMPLETED NOT LATER
THAN 18 MONTHS AFTER THE PROMULGATION OF THE
APPLICABLE REQUIREMENT. NO SUCH REVISION IS REQUIRED IF
THE EFFECTIVE DATE OF THE REQUIREMENT IS LATER THAN THE
DATE ON WHICH THE PERMIT IS DUE TO EXPIRE (See Section
39.5(16)(a)(i) of the Act)
2) ADDITIONAL REQUIREMENTS (INCLUDING EXCESS EMISSIONS
REQUIREMENTS) BECOME APPLICABLE TO AN AFFECTED SOURCE
FOR ACID DEPOSITION UNDER THE ACID RAIN PROGRAM.
EXCESS EMISSIONS OFFSET PLANS SHALL BE DEEMED TO BE
INCORPORATED INTO THE PERMIT UPON APPROVAL BY USEPA
(See Section 39.5(16)(a)(ii) of the Act);
3) THE AGENCY OR USEPA DETERMINES THAT THE PERMIT
CONTAINS A MATERIAL MISTAKE OR THAT INACCURATE
STATEMENTS WERE MADE IN ESTABLISHING THE EMISSIONS
STANDARDS, LIMITATIONS, OR OTHER TERMS OR CONDITIONS OF
THE PERMIT (See Section 39.5(16)(a)(iii) of the Act); OR
4) THE AGENCY OR USEPA DETERMINES THAT THE PERMIT MUST
BE REVISED OR REVOKED TO ASSURE COMPLIANCE WITH THE
APPLICABLE REQUIREMENTS (See Section 39.5(16)(a)(iv) of the Act).
b) Notice to reopen
1) The Agency shall provide written notice to the owner or operator of the
CAAPP source of its intent to reopen a CAAPP permit at least 30 days prior
to the date the permit is to be reopened, except that the Agency may provide a
shorter time period in the case of an emergency.
2) The notice shall include the grounds for the reopening and revision, including
the terms and conditions that the Agency proposes to change, delete or add to
the permit, and the information relied upon to make such determination. If the
Agency deems it necessary, the notice shall include a request for the CAAPP
source to update and resubmit those parts of the CAAPP permit application
subject to the reopening within a reasonable time frame.
c) Response
1) The CAAPP source may submit to the Agency a written response to the notice
to reopen and revise the CAAPP permit within 30 days after receipt of the
Agency's notice.
2) The response shall include the following, as applicable:
A) Details as to immediate plans for compliance with applicable
requirements, including a proposed compliance plan and schedule of
compliance;
B) Any explanation of the source's current failure to comply with
applicable requirements;
C) An explanation for and correction of any inaccurate statements made
in the CAAPP application that were used to establish the emission
standards, limitations, or other terms or conditions in the CAAPP
permit; and
D) An assessment of the Agency's proposed correction of any material
mistake found in the CAAPP permit.
3) If requested in the notice, the owner or operator of the CAAPP source shall
submit to the Agency, within a reasonable time frame specified in the notice, a
revised CAAPP application.
d) Draft permit or statement
1) Within 90 days after receipt of the source's response or revised CAAPP
application, whichever is later, the Agency shall prepare a draft CAAPP
permit and statement of basis in compliance with the requirements of Section
39.5(8) of the Act and 35 Ill. Adm. Code 252 or a statement that the CAAPP
permit does not need to be reopened and revised.
2) The Agency shall include in the draft CAAPP permit such conditions as the
Agency determines are necessary to assure compliance with all applicable
requirements and correct any material mistakes or inaccurate statements
described in the notice.
3) The Agency may, to the extent practicable, provide the owner or operator of
the CAAPP source with a reasonable opportunity to review and comment on
the draft CAAPP permit prior to public notice.
4) The Agency shall give notice of the draft CAAPP permit to the public, the
owner or operator of the CAAPP source and affected states in accordance
with the requirements of Section 39.5(8) of the Act and 35 Ill. Adm. Code
252.
e) The requirements of Section 39.5(9) of the Act and 35 Ill. Adm. Code 252 regarding
USEPA notice and objection shall apply to this Subpart.
f) The Agency shall reissue the CAAPP only if all the requirements of Section 39.5(10)
of the Act have been met.
Section 270.504 Reopenings Initiated by USEPA
a) If USEPA notifies the Agency and permittee that cause exists to modify a CAAPP
permit, the Agency shall send to USEPA and the permittee a proposed determination
of modification, with supporting information explaining the grounds for the proposed
determination. THE PROPOSED DETERMINATION SHALL BE IN
ACCORDANCE WITH THE RECORD, THE CLEAN AIR ACT, REGULATIONS
PROMULGATED THEREUNDER, the ACT, AND REGULATIONS
PROMULGATED THEREUNDER. SUCH PROPOSED DETERMINATION
SHALL NOT AFFECT THE PERMIT OR CONSTITUTE A FINAL PERMIT
ACTION FOR PURPOSES OF the ACT OR THE ADMINISTRATIVE REVIEW
LAW [625 ILCS 32]. (See Section 39.5(16)(a) of the Act)
b) The proposed determination and supporting information shall be sent to USEPA and
the permittee within 90 days after receipt of USEPA's notification or 180 days if
USEPA has extended the period for response.
c) If USEPA objects to the proposed determination within 90 days after receipt, the
Agency shall, within 90 days after receipt of such objection, resolve the objection and
modify the CAAPP permit in accordance with USEPA's objection, based upon the
record, the Clean Air Act, regulations promulgated thereunder, the Act, and
regulations promulgated thereunder.
d) If USEPA does not object to the proposed determination within 90 days after receipt,
the Agency shall, within seven days after receipt of USEPA's final approval or within
seven days after expiration of the 90-day period, whichever is earlier, take final
action in accordance with the Agency's proposed determination.
SUBPART F: FEES
Section 270.601 Purpose
These rules specify the procedures for the determination and collection of fees required by
Section 39.5(18) of the Act.
Section 270.602 Definitions
The following terms are defined for purposes of this Subpart.
"Active substitution unit" means an affected unit for acid deposition that is designated as a
Phase I unit in an approved substitution plan pursuant to Section 404(c) of the Clean Air Act,
excluding: a unit under Section 410 of the Clean Air Act; a unit designated as a Phase I unit
in a reduced utilization plan, pursuant to Section 408(c)(1) of the Clean Air Act; and a unit in
a substitution plan that has been conditionally approved or terminated.
"Regulated air pollutant" has the meaning given to it under Section 39.5(1) of the Act but
shall exclude:
1) Carbon monoxide;
2) Any Class I or Class II substance which is regulated solely because it is listed
pursuant to Section 602 of the Clean Air Act;
3) Any pollutant that is a regulated air pollutant solely because it is subject to a
standard or regulation under Section 112(r) of the Clean Air Act based on the
emissions allowed in the permit effective in that calendar year, at the time the
bill is generated; and
4) During the years 1995 through 1999 inclusive, any emissions from affected
sources for acid deposition pursuant to Section 408(c)(4) of the Clean Air Act,
but not excluding emissions from any unit that is not either an active
substitution unit or an affected unit for acid deposition at the affected source.
Section 270.603 Amount of Fee
a) For each twelve-month period beginning after the date on which USEPA approves or
conditionally approves the CAAPP, but in no event prior to January 1, 1994, an
owner or operator of a source subject to the CAAPP or excluded pursuant to Section
39.5(1.1) or 39.5(3)(c) of the Act shall pay a fee in accordance with the following:
1) The fee for a source allowed to emit less than 100 tons per year of any
combination of regulated air pollutants shall be $1,000 per year; and
2) The fee for a source allowed to emit 100 tons or more per year of any
combination of regulated air pollutants shall be the dollar per ton amount set
forth within Section 39.5(18) of the Act for each ton of allowable emissions of
regulated air pollutants at that source.
b) The amount of the fee shall be based on the allowable emissions information
submitted by the applicant in the fee calculation portion of its CAAPP application,
not including emissions of insignificant levels or from insignificant activities,
pursuant to 35 Ill. Adm. Code 201.
c) No owner or operator of a source shall be required to pay an annual fee in excess of
$100,000.
d) Following the first year of the CAAPP, a fee in excess of $5,000 may be paid
annually or semiannually.
e) In the event that an owner or operator of a source has paid a fee pursuant to Section
9.6 of the Act during the twelve-month period that includes the date on which the
source's initial complete CAAPP application was received by the Agency, the portion
of the fee for the months remaining in the twelve-month period subsequent to the date
the initial complete CAAPP application was received shall be credited to the owner
or operator of the source.
f) No owner or operator of a source shall be required to pay more than a single dollar-
per-ton fee during any billing period for any ton of pollutant emitted (i.e., lead is a
particulate (PM-10) and a separate criteria pollutant but will only be subject to a
single dollar-per-ton fee).
Section 270.604 Billing Procedures
a) The amount of the fee and the due date of payment shall be included on a billing
statement sent to the source.
b) The initial billing statement under this Subpart shall be sent after the source's initial
CAAPP application has been received by the Agency.
c) The date of subsequent billing statements under this Subpart shall be based upon the
date on which the source's initial complete CAAPP application was received by the
Agency.
d) The due date of payment shall be forty-five (45) days after the billing date indicated
on each billing statement or five (5) days after the date the CAAPP application has
been deemed or determined to be complete by the Agency, whichever is later.
Section 270.605 Payment Procedures
a) Fee payment shall be made by check or money order payable to "Treasurer, State of
Illinois," and shall be accompanied by the billing statement that will include the
source name and identification number assigned by the Bureau of Air.
b) Payment shall be mailed to:
Illinois Environmental Protection Agency
Fiscal Services Section, Title V Fee Program
2200 Churchill Road
P.O. Box 19276
Springfield, Illinois 62794-9276
c) Payment shall not include any fees, penalties or other monies due to the Agency for
any purposes other than payment of the fee required under this Subpart.
d) Fees shall be paid no later than forty-five (45) days after the billing date indicated on
the billing statement.
e) An owner or operator of a source shall remain liable for payment of the fee specified
in the billing statement for the source unless a written request for withdrawal of the
permit for the source is submitted in writing to the Agency prior to the payment due
date indicated on the billing statement.
Section 270.606 Refund and Underpayment of Fees
a) A fee remitted to the Agency under this Subpart shall not be refunded in whole or
part unless the amount paid is in excess of the amount billed or the amount billed is
determined to be incorrect.
b) An owner or operator of a source entitled to a refund under subsection (a) above must
request such refund in writing; otherwise, the amount that was overpaid incorrectly
shall be credited against future fees for which the source will be billed under this
Subpart.
c) If the owner or operator of a source submits to the Agency an amount less that the
amount due pursuant to Section 39.5(18) of the Act and this Subpart due to an error
in the source's calculation of allowable emissions or an error in the Agency's
calculation of fees, the owner or operator shall submit the difference between the
amount paid and the amount due in accordance with subsections (1) or (2) below.
1) If a source discovers that its calculation of allowable emissions was incorrect,
it shall promptly submit to the Agency the correct information and the amount
of underpayment.
2) If the Agency discovers that it has incorrectly billed the source, the Agency
shall promptly notify the owner or operator of the CAAPP source. The
Agency must notify the owner or operator of the incorrect billing during the
term of the permit. The owner or operator of the CAAPP source shall submit
the amount of underpayment within 45 days after receipt of the notice.
Section 270.607 Requests for Reconsideration of Fee Amount
a) Requests for reconsideration of the fee amount indicated on a source's billing
statement shall be submitted in writing no later than 30 days after issuance of the
billing statement.
b) Requests for reconsideration shall include all pertinent facts and arguments in support
thereof. Such requests shall be addressed to:
Illinois Environmental Protection Agency
Bureau of Air, Program and Budget Officer
P.O. Box 19276
Springfield, Illinois 62794-9276
c) The submittal of a written request for reconsideration of the billed fee amount shall
automatically stay the due date of payment to a date thirty (30) days subsequent to
final Agency action on the request for reconsideration.
Section 270.608 Agency Response to Requests for Reconsideration
The Agency shall respond in writing to requests for reconsideration of the billed fee amount
within 30 days after receipt of the request. Such written response shall constitute final
Agency action on the request for reconsideration.
Section 270.609 Appeal of Agency Response
Final Agency action on a request for reconsideration may be appealed by the owner or
operator of a source pursuant to applicable Board regulations.