ILLINOIS POLLUTION CONTROL BOARD
March 11,
1993
IN THE MATTER OF:
)
AMENDMENTS TO THE NEW
)
R92-21
SOURCE REVIEW RULES
)
(Rulemaking)
35 ILL. ADM. CODE 203
)
Proposed Rule. Second Notice.
OPINION
AND
ORDER OF THE BOARD
(by
G.
T.
Girard):
On November
13,
1992, the Illinois Environmental Protection
Agency
(Agency)
filed this proposal for rulemaking.
The proposal
is intended to address permitting for the construction and
operation of new or modified major stationary sources in
nonattainment areas.
The proposal represents one part of
Illinois’ submittal of a complete state implementation plan
(SIP).
Pursuant to Section 182(a)
of the Clean Air Act,
as
amended
in 1990, Illinois is to adopt and submit its plan by
November 15,
1992.
On November 19,
1992,
the Board adopted the
First Notice Opinion and Order in this proceeding without comment
on the substance of the rule.
This proposal was filed pursuant to Section 28.5 of the Act
and was accepted for hearing.
(P.A.
87-1213, effective September
26,
1992.)
Pursuant to the provisions of that section the Board
is required to proceed within set time—frames toward the adoption
of this regulation.
The Board has no discretion to adjust these
time—frames under any circumstances.
The Board held two hearings
as prescribed by Section 28.5 on January
6,
1993, and February
5,
1993.
The record in this proceeding was closed on February 23,
1993,
fourteen days after the availability of transcripts from
the February 5 hearing.
Preliminary Matters
Before proceeding to the substance of this matter, the Board
will first address outstanding motions in the proceeding.
The
first is a motion to incorporate information from previous
proceedings into this docket filed on February 23,
1993,
by the
Illinois Steel Group.
The Board did not receive responses to
this motion.
The Board denies the motion to incorporate the
material.
On February 24,
1993, the American Automobile Manufacturers
filed motion to file its public comment instanter.
The Board did
not receive responses to this motion.
The Board denies the
motion to file instanter.
On January 29,
1993, the Agency and the Illinois
Environmental Regulatory Group filed a joint motion requesting
that the Board interpret Section 203.209(b)
as set forth in the
01 ~O-0
139
2
motion.
The Board will discuss this motion in more detail below
as the interpretation of Section 203.209(b)
was a substantive
issue in the proceeding.
The Board also notes that the Agency at hearing and in its
final comment renewed its objection to answering questions at the
second hearing.
(Tr.
at 133; PC 10 at 12_13.)1
The Board notes
the objection.
DISCUSSION
The Agency presented testimony in support of the proposal at
the January
6 hearing.
Mr. Christopher Romaine testified for the
Agency.
Mr. Romaine indicated that the New Source Rules
(NSR)
apply only in nonattainment areas for the contaminants for which
the area is designated nonattainment.
(Exh.
1 at 5.)
The rules
establish a construction permit program with four essential
requirements imposed on owners or operators of major projects.
(Exh.
1 at 2.)
The four requirements are:
1.
The imposition of the lowest achievable
emission rate (LAER);
2.
A major project must be accompanied by
compensating emission offsets from other
sources in the area;
3.
Present compliance by other sources in the
state which are under common ownership or
control with the person proposing the
project;
4.
The final requirement applies only to
nonattainment areas for ozone and carbon
monoxide.
In these areas an analysis of
alternatives to a particular major project
must be made which demonstrates that the
benefits of the project outweigh the
environmental and social costs.
(Exh.
1 at 3—4.)
A source is considered to be “major” if there is a new
source,
if there is a physical change at a source which is not
major where the physical change itself constitutes a major
‘The
transcripts
from the
1/6/93
and
2/5/93
hearings
were
consecutively numbered and will be cited as “Tr. at
_“;
testimony
was entered as if read and given an exhibit number, exhibits will
be cited as “Exh.
—
at
_“;
public comments will be cited as “PC
at
01 ~4O-O
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3
source,
if there is reconstruction of a major source, or if there
is a significant modification to a major source.
(Exh.
1 at
4.)
Significant modifications are an emissions increase of 100 and 25
tons per year
(tpy)
for carbon monoxide and particulate matter,
respectively.
A significant modification for volatile organic
compounds,
nitrogen oxides and sulfur dioxide is 40 tpy.
(Exh.
1
at 5.)
The adoption of these rules is important to Illinois in
order to meet our obligations to adopt appropriate new source
review rules and avoid federal sanctions if we do not have rules
in place.
The adoption of these rules will also codify in
Illinois several provisions which USEPA considers requirements
for permit issuance.
(Exh.
1 at 19.)
Further, in Attachment A
to the Statement of Reasons filed with the proposal, the USEPA
indicated that the proposal is federally approvable.
The Agency
also indicated that the changes discussed below would not alter
the approvability of the proposal.
(PC 10 at 11—12.)
The economic impact of these regulations on sources range
from incidental to a maximum of $6500 per ton for offsets and
control.
The participants in this proceeding were in general
agreement with the proposal.
For the most part in areas where
there was disagreement an agreement was worked out before
submission of final comments.
The discussion following is a
section by section analysis of changes made pursuant to comments,
as well as a discussion of the areas of contention.
Interpretation of Section 203.209(b).
The Board notes that the interpretation of Section
203.209(b) was an issue discussed at the January
6,
1993 hearing.
The Agency had indicated that it would interpret the language in
Section 203.209(b)
as allowing the Agency to look prospectively
as well as retroactively at emissions from a source.
Mr.
Romaine, testifying for the Agency stated:
“It
is our intent
that these rules are written so that one could look back prior to
the time an area is designated nonattainment,
a severe or serious
ozone nonattainment area.”
(Tr.
1 at 43.)
The testimony of the Chicago Lung Association and the Sierra
Club stated the “Agency should be able to use a period of five
consecutive years for determining significant emissions increases
which goes back prior to designation of an area as nonattainment
or reclassification of a nonattainment.”
(Exh.
7 at 1.)
The January 29,
1993,
joint motion asked that the Board
adopt an interpretation of Section 203.209(b) that was
significantly different than the interpretation first espoused by
the Agency.
Specifically, the motion provides that “for purposes
01 40QIt~I
4
of determining whether a net emissions increase of a particular
pollutant is significant, the calculation commences with the date
of designation of an area as nonattainment for ozone”.
(1/29/93
at
1.)2
The motion also requests that the Board’s opinion
reflect that it is the Board’s intent that Section 203.209(b)
be
interpreted consistently with federal guidelines and if USEPA
should issue guidelines or promulgate a rule which is contrary to
the interpretation proposed the federal interpretation
immediately takes precedence over the Board’s opinion.
(1/29/93
at 1.)
At the February 5,
1993, hearing, Mr. Sid Marder of IERG
testified in support of the motion.
(Tr.
at 138—155.)
Mr.
Marder pointed out that USEPA has not issued any guidance on the
interpretation of Section 203.209(b); therefore “the review
period pursuant to Section 203.209(b)
should extend only to the
date of such designation for equity reasons.”
(Exh.
3 at 2.)
Mr. Marder also sets forth the specific dates for the review to
commence under Section 203.209(b).
Those dates are:
a.
For sources located in the newly
designated nonattainment areas in the
Chicago area,
for example, Will and
McHenry Counties, and the designated
townships in Kendall and Grundy
Counties, the calculation for VON
emissions commences no earlier than
January
6,
1992.
b.
For sources located in all ozone
nonattainment areas of the state,
for
example,
Chicago and the Metro—East area,
the
calculation for NO~emissions commences no
earlier than November 15,
1992.
c.
For sources with potential to emit at least
25 tons per year but less than 100 tons per
year and which are located in the Chicago
nonattainment area, the calculation for VON
emissions commences at either the time that
the source became major or November 15,
1990,
whichever time is later.
d.
In the case where a source has filed a
complete application for a construction
permit,
a PSD permit, prior to the date of an
area as nonattainment,
or dates given above,
whichever occurs late, the calculation shall
2The January 29, 1993, motion will be cited as “1/29/93 at
“
0
I 1~0-O
I
~2
5
not include emission increases allowed by
that permit.
(Tr.
at 140—141.)
Mr. Marder further notes that “these dates and times are critical
and we ask that they be explicitly noted in the Board’s opinion”.
(Tr.
at 141.)
Mr. Romaine responded to questions at the February 5,
1993,
hearing regarding the joint motion.
Mr. Romaine was asked if the
dates and circumstances espoused in Mr. Marder’s testimony
accurately reflected the Agency’s position.
Mr. Romaine agreed
that the dates and circumstances stated by Mr. Marder did reflect
the Agency’s position.
(Tr. at 156-158.)
Mr. Romaine also
agreed that the Board’s opinion should state the interpretation
set forth in the motion as well as the dates and circumstances of
applicability.
(Tr. at 158.)
The city of Chicago submitted comments in support of the
joint motion
(PC 5 at 1)
and Mr. Daniel Muno on behalf of Stepan
Company and Ms. Maria Heiberger on behalf of CPC International,
Inc., also testified in support of the interpretation put forward
in the January 29,
1993, motion.
(Tr. at 208 and 212; Exh.
9 and
11.)
The testimony provided by Mr. Muno included extensive
statutory construction arguments in support of a non—retroactive
application of Section 203.209(b).
(Exh.
9 at 4—7.)
The Board finds the arguments put forward regarding the
interpretation of Section 203.209(b)
persuasive.
Therefore, the
Board will grant in part the joint motion put forward by the
Agency and IERG.
Thus, the Board adopts an interpretation of
Section 203.209(b)
that provides “for purposes of determining
whether a net emissions increase of a particular pollutant is
significant,
the calculation commences with the date of
designation of an area as nonattainment for ozone.”
(1/29/93 at
1.)
The specific dates of designation are those stated above in
Mr. Marder’s testimony.
The Board however hesitates to provide
for an automatic change
in interpretation of Section 203.209.
Therefore, the Board will allow any party, upon notice of a
different interpretation by USEPA, to move for reconsideration on
this issue at anytime.
Such a filing may be filed under Section
101.300 or 101.301 and the Board hereby waives,
for purposes of
this issue, the time deadlines set forth in those procedural
rules.
Section 203.206.
Mr. Narder also testified concerning the “dual source
definition” currently contained in Section 203.206.
Mr. Marder
points out that the USEPA in its December 17,
1992, Federal
Register notice of USEPA’s final approval of the state’s existing
01 ~O-O I
t~3
6
new source review rules
(Exh.
4) discussed the dual source
definition.3
The TJSEPA indicated in that notice that a plant-
wide definition of source would be acceptable under the Clean Air
Act.
(Tr.
at 143;
Exh.
4 at 59933.)
Thus,
Mr. Marder suggested
that Section 203.206(a)
be amended to reflect a plant—wide
definition of source.
(Tr. at 144.)
The specific language
suggested by Mr. Marder in Section 203.206
is:
a)
For purposes of this Part,
the term “major
stationary source” shall exclusively mean
“building,
structure and facility,” as those
terms are defined in Section 203.113 of this
Part.
(Renumbering the remainder of the Section).
The Steel Group points out in its comments
(PC 6) that the
current definition of source found in the Board’s rules allows
for an individual piece of equipment to be considered a major
source
if the emission rate is high enough.
(PC
6 at 3.)
As a
result changes
in such equipment would have to be offset by
changes within that “source”.
(PC
6 at 3.)
The Steel Group
maintains that such a definition acts as
a disincentive to the
replacement of control equipment.
(PC at 4.)
The Steel Group
agrees that the change in Section 203.206(a)
proposed by IERG
would have the desired effect.
(PC
6 at 4.)
However, the Steel
Group believes such a change would create a confusing definition
section.
(PC 6 at 4.)
The Steel Group advocates deleting the
definition of “installation” at Section 203.125 to adopt the
plant—wide definition of source.
(PC
6 at 5.)
The Agency at the February
5 hearing and in its final
comments expressed support for the language proposed by IERG.
(Tr. at 160; PC 10 at 3-4.)
In addition, CPC and Stepan
expressed support for this change.
(Exh.
11 at
4; Exh.
9
at 12.)
The Board agrees that the adoption of a plant-wide source
definition is advisable at this time.
Without discussing the
merits of the two alternatives to adopting the plant-wide
definition the Board will accept the IERG proposal.
The Board
notes that Section 203.125 was not proposed for amendment at
First Notice and therefore the Board will not open that section
at this time.
Mr. Ron Burke, testifying on behalf of the Chicago Lung
Association and the Sierra Club,
offered an amendment to Section
203.206(d).
Mr. Burke offered a change regarding fugitive
emissions.
(Tr. at 193.)
Specifically, the amendment would
3The Board notes that the USEPA final approval appeared after
the initial filing of the proposal.
01 ~0-O
I
t~
7
include fugitive emissions in calculation of whether a source is
a major source in a nonattainment area and provides:
d)
For purposes of this Part,
in
area.s
ttiat
are
classified
~,
ser~.
~
or ex~rem~
~
~he
~giti~e
e~ti~ionsøt
a
stationary
søurce
shall
~
at~tionary søurce
In
areas
that
a~enot
~lassi~ied
as
~r~.aus.
~v~e
~
ti~e~
~on~
a~me.n~.
the
fugitive
~I1ss1ons
~fäit~fläi~±~”sóurce
shall
not
be
included
in
determining
whether
it
is
a
major
stationary
source,
unless
the
source belongs to one of the following
categories of stationary sources.
The Agency supports this change as it incorporates guidance
received by the Agency from USEPA.
(Exh.
6.)
In
addition
the
city of Chicago stated in support for the amendment.
(PC 5 at
2.)
The Board will accept the amendment put forward by Mr.
Burke.
Section
203.201.
The
Illinois
Manufacturer’
Association
(INA)
expressed
concern with the applicability of the proposal to sources with
pending permit applications or which have permits but have not
been constructed.
(PC 4 at 1.)
IMA
asks the Board to exempt
from these regulations any source which had filed its application
on or before the date on which the Clean Air Act required the
states to adopt those rules.
IMA
points out that the provisions
of these regulations include requirements that the control
equipment and process measures produce LAER (Section 203.301) and
that the source provide offsets
(Section 203.302).
(PC
4 at 2.)
The
IMA
points that both of these procedures are intended to be
met prior to permit application.
(PC 4 at 2.)
The
IMA
also points that Mr. Romaine testified on behalf of
the Agency that the Agency did not intend to apply the amended
provisions to include sources which had applied for their permits
before November 15,
1992.
(PC 4 at 2.)
The
IMA
also cites to
the USEPA transitional guidance document entered in this
proceeding as Exhibit 2 which indicates that sources which
submitted complete applications by the submittal deadline may
receive final permits under the existing rules.
(PC 4 at 3.)
Therefore, the
IMA
asks that the Board amend Section 203.201
to reflect the policy expressed in the USEPA guidance documents
as well as that expressed by the Agency.
That policy is one
whereby a permit application filed by November 15,
1992,
for
nitrogen oxides and volatile organic material emission for
sources located in ozone nonattainment areas are not subject to
these amendments.
Further, these amendments do not apply to
permit applications filed by June 30,
1992,
for PN1O or by May
0k0-OI~5
8
15,
1992,
for SO2.
(PC 4 at 4.)
The specific change requested
would add to the end of Section 203.201, the following:
Revisions to this Part which were adopted to
implement the Clean Air Act Amendments of
1990 shall not apply to any new major
stationary source or major modification for
which a permit application was submitted by
June 30,
1992 for PM1O, May 15,
1992 for SO2,
or by November 15,
1992
for nitrogen oxides
and volatile organic material emissions for
sources located in all ozone nonattainment
areas.
CPC International,
Inc., also expressed concern regarding
the status of construction permits issued where the facility is
not complete.
(Exh.
11 at 4; PC 7 at 5.)
The Agency states that it has “no objection” to the revision
to Section 203.201 being proposed by the IMA.
The Board is
persuaded that the IMA’s offered amendment will accurately
reflect the transition policy of the USEPA and the Agency.
The
Board will amend Section 203.201 as requested by the IMA.
Section 203.303(b).
The Illinois Steel Group recommends that Section 203.303(b)
be amended to clear up an inconsistency within that section.
The
Steel Group points out that Section 203.303(b) (2) directly
conflicts with subsection
(b) (3)
and
(b) (4).
(PC
6 at 16.)
Subsection
(b) (2)
could be construed for any source shutdown
whether past or present.
Subsection
(b) (3)
is directed towards
future shutdowns and
(b) (4) toward past shutdowns.
(PC 6 at 17.)
Therefore, the Steel Group recommends that Section 203.303(b)
be
amended to clear up the inconsistency as follows:
b)
The emission offsets provided:
1)
Must be of the same pollutant and further be of a
type with approximately the same qualitative
significance for public health and welfare as that
attributed to the increase from a particular
change;
2)
!~t,
.~
1~1.~::
I:~Pfa:~cthUtd
~
~.tno~
April ~4, l97!~~r the date the ~
ia
dccignatcd by the UCEFI&Unitcd Ct~itc3Environmental
rratcotion
Agcnay (U?EPAI a~
~i
nonattain~ncntarea
for the pollutant, whichcvcr ~
~noro
rcoont, and
thc~i~hutdø~nsourcc~isbcingre
~~W~iiIth~
01 ~Q-O
I ~6
9
~
~
and ~inn~t~in the case of a fuel
combustion
sou±ce be
based
on
the
type
of
fuel
being burned at the time the permit application is
filed,
and,
if offset is to be produced by a
future
switch
to
a
cleaner
fuel,
be accompanied by
evidence that long—term supplies of the clean fuel
are available and a commitment to a specified
alternative control measure which would achieve
the
same
degree
of
emission
reduction
if
return
of
the dirtier fuel is proposed;
pcn~in*~nt
~urthi1im~ntof
prothi~otionor oporating
h~tW~
~
~n ~
~
~pp1in~tio~i
i~
fI1~4for ~ n~vor inodificd~~ouroe,
1~A~
~
~
~
r~p~rJ~j
4~)
Must,
in the case of a past shutdown of
a source
or
permanent curtailment of production or
operating hours, have occurred since April 24,
1979, or the date the area is designated a
nonattainment area for the pollutant, whichever is
more recent, and.~~x~t~4
~
s~*y~d~
tI~
tatn~ent
4emonetrattoi~and
state
trading or
~
~u~es
~*rt~~levant
~
the
new
or
mOd
fled
source
be a
replacement for the shutdown or curtailment;
4~
~)
Must be federally enforceable by permit,
~
~)
Must not have been previously relied on,
as
demonstrated by the Agency,
in issuing any permit
pursuant to 35 Ill. Adm. Code 201.142 or 201.143
or this Part,
or for demonstrating attainment or
reasonable further progress.
The Agency states that it has no objection to the amendment
proposed by the Steel Group.
(PC 10 at 10.)
The City of Chicago
also indicated that it “supports any modifications to the
language in the current proposal that may be necessary in order
to comport with the original intent and to avoid any
inconsistencies that may exist with other subparts of this
section”.
(PC 5 at 2.)
The Board agrees that the language
proposed by the Steel Group will help to make the intent of the
rule clear.
Therefore the Board will adopt the amendment.
Section 203.207
Pennzoil Company raises a concern regarding the major
modification de minimis criteria of 25 tons per year or more of
01 ~0-Q1~47
10
VOCs and NO~.
(PC
2 at 5.)
Pennzoil maintains that the phrase
“an increase in emissions of 25 tons per year”
in Section
203.207(d)
should include the word “net” before emissions.
Pennzoil believes that such a change is consistent with the Clean
Air Act and reflects the intent of the proposal.
(PC
2 at 5.)
The Steel Group echoes the concern initially brought by
Pennzoil and argues that an amendment to Section 203.207(d)
would
more accurately reflect the intent of the Clean Air Act.
(PC 6
at 13-14.)
The Steel Group states:
The effect of the rule as IEPA has proposed
it is that a source which could net out of
the NSR rules under the de minimis exemption
could be brought back into the rules by
proposed Section 203.207(d)
if it had a
greater than 25 tpy increase at any emission
unit.
(PC
6 at 13.)
The Agency opposes an amendment to Section 203.207(d).
(PC
10 at 6-7.)
The Agency argues that the intent of the Clean Air
Act under these provisions refer to an increase from a single
change.
(PC
10 at 6.)
The Agency states that it is
inappropriate and inconsistent to introduce the “net increase”
concept of Section 182(c) (6)
of the Clean Air Act into this
section.
(PC 10 at 6.)
The Board finds that the record lacks sufficient information
for the Board to amend Section 203.207(d).
Other Comments
Pennzoll suggested that the definition in Section 203.112(a)
should be revised to include “installation” in order to be
completely consistent with USEPA’s definition.
(PC
2 at 2.)
In
addition, Pennzoil suggested that the listing of sources in
Section 203.206(a)
should be reorganized so that the listings are
in a more logical order.
(PC
2 at 4.)
The Agency indicated that it did not concur with the changes
suggested by Pennzoil.
Specifically, the Agency indicated that a
change was not necessary to Section 203.112(a) given the agreed
upon change Section 203.206(a).
(PC 10 at 5.)
The Agency also
stated that the order of Section 203.206(a) did not create an
ambiguity.
(PC
10 at 5.)
The Society of Plastics Industry
(SPI) suggested that “non-
volatile compounds also be exempted from the VOC definition”.
(PC
3 at 2.)
The Agency indicated that it had specifically
included the definition promulgated by USEPA in 1992 and that no
01 ~0-O
1
I.e8
11
further
change
was
necessary.
(PC
10
at
7.)
Stepan and CPC also expressed a concern regarding statements
made at hearing by Mr. Romaine on the issue of “negligible”
increases in emissions.
(PC 8 at 6; Exh.
9 at 12; Exh.
11 at 4.)
Stepan and CPC are requesting written guidance from the Agency on
how it will interpret “negligible” increases.
The Agency
indicated in testimony that such written guidance would be
forthcoming.
The Chicago Lung Association and Sierra Club also suggested
that the Agency and the Board amend the rules to include
pollution prevention.
Mr. Burke testified that this was not
federally required at this time.
(Tr. at 203.)
The Board does
not believe that a proceeding brought under Section 28.5 of the
Act is the proper place to address this issue.
CONCLUSION
This proposal is necessary to insure USEPA approval of a
state implementation plan under the Clean Air Act Amendments of
1990.
The Agency’s proposal includes economic information,
technical review and indications that the proposal
is approvable.
The
participants
in
this
proceeding
all
indicated
general
agreement and support of the proposal.
The Board finds that the
record supports proceeding to second notice with the proposal as
amended in this opinion.
The Board hereby adopts this proposal
for second notice.
ORDER
The Board directs the Clerk to cause the filing of the
following proposal for Second Notice with the Joint Committee on
Administrative
Rules:
TITLE 35:
ENVIRONMENTAL PROTECTION
SUBTITLE
B:
AIR
POLLUTION
CHAPTER
I:
POLLUTION CONTROL BOARD
SUBCHAPTER a:
PERMITS AND
GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION
AND
MODIFICATION
SUBPART A:
GENERAL PROVISIONS
Section
203.101
Definitions
203.103
Actual Construction
203.104
Actual Emissions
203.107
Allowable Emissions
203.110
Available Growth Margin
01
~0-U
I
L~9
12
203.112
203.113
203
.
116
203.117
203.119
203.12~j,
203. 123.~.
203.123
203.124
203.125
203.126
203.127
203.128
203.131
203.134
203.
136
203.145
203.150
203.155
Building,
Structure
and
Facility
Commence
Construction
Dispersion Enhancement Techniques
Emission Baseline
Emission Offset
Emissions Unit
FederallY Enforceable
Fugitive Emissions
Installation
LAERLowest Achievable Emission Rate
Nonattainment Area
Potential to Emit
Reasonable Further Progress
Secondary Emissions
Stationary Source
Volatile Organic CompoundMaterial
Public Participation
Severability (Repealed)
SUBPART B:
MAJOR STATIONARY EMISSIONS SOURCES IN
NONATTAINMENT
AREAS
Section
203.201
203.202
203.203
203.204
203.205
203.206
203.207
203.208
203.209
203.210
203.211
Prohibition
Coordination with Permit Requirement and Application
Pursuant to 35 Ill. Adm. Code 201
Construction Permit Requirement and Application
Duration of Construction Permit
(Repealed)
Effect of Permits
Major Stationary Source
Major Modification of a Source
Net Emission Determination
Significant Emissions Determination
Relaxation of a Source-Specific Limitation
Permit Exemption Based on Fugitive Emissions
SUBPART
C:
REQUIREMENTS FOR MAJOR STATIONARY SOURCES IN
NONATTAINNENT AREAS
Section
203.301
203.302
203.303
203.304
203.305
203.306
Lowest Achievable Emission Rate
Maintenance of Reasonable Further Progress and Emission
Offsets
Baseline and Emission Offsets Determination
Exemptions from Emissions Offset Requirement (Repealed)
Compliance by Existing Sources
Analysis of Alternatives
SUBPART
F:
OPERATION
OF
A MAJOR STATIONARY SOURCE OR MAJOR
MODIFICATION
Ut ~0-U
150
13
Section
203.601
Lowest
Achievable
Emission
Rate
Compliance
Requirement
203.602
Emission Offset Maintenance Requirement
203.603
Ambient Monitoring Requirement
(Repealed)
SUBPART
G:
GENERAL
MAINTENANCE
OF
EMISSION
OFFSETS
Section
203.701
General Maintenance of Emission Offsets
SUBPART
H:
OFFSETS
FOR
EMISSION
INCREASES
FROM
ROCKET
ENGINES
AND
MOTOR
FIRING
Section
203.801
Offsetinci by Alternative or Innovative Means
AUTHORITY:
Implementing Section 9.1 and 10 and authorized by
Section 27 of the Environmental Protection Act
(Ill.
Rev. Stat.
1991,
ch.
111
1/2,
pars
1009
1,
1010
and
1027)
(41~
ILCS 5/9
1,
..................
..............
.......
SOURCE:
Adopted
and
codified
at
7
Iii.
Reg.
9344,
effective
July
22,
1983; codified at
7 Ill. Reg.
13588;
amended in R85—20 at 12
Ill.
Reg.
6118,
effective March 22,
1988; amended in R91-24 at 16
Ill.
Reg.
13551,
effective August 24,
1992; amended in
_______
at
—
Ill. Reg.
_________,
effective
___________________
SUBPART
A:
GENERAL
PROVISIONS
Section 203.101
Definitions
Unless
a different meaning of the term i~clear from it~contcxt
otherwise specified within this Part, the definitions of the
terms
used
~
this Part shall be the same as those used in the
Pollution
C~ii’~r
51
Board (Board) Rules and Regulations
35 Ill.
Adm.
Code
201
and
211.
Section 203.107
Allowable Emissions
a)
“Allowable Emissions” means the emission rate of
a
stationary
source
calculated
using
the
maximum
rated
capacity of the source
(unless the source is subject to
federally enforceable permit conditions or other such
federally enforceable limits which restrict the
operating rate,
or hours of operation, or both) and the
most stringent of the following:
1)
Any applicable standards adopted by the United
States Environmental Protection Aciencv
(USEPA)
0
I
~O-O 151
14
pursuant
to
Sections
111
and
112
of
the
Clean
Air
Act
(42
U.S.C.
7401,
et
seq.)
and
made
applicable
in
Illinois
pursuant
to
Section
9.1
of
the
Environmental
Protection
Act
(Act)
(Ill.
Rev.
Stat
9851991,
ch.
111
1/2,
pars.
1001
et
seq.)
t415
XLçS
5/iL
2)
The applicable emission standards or limitations
contained
in
this
Chapter and approved by ~e
United Ctate3 Environmental Protection Agcncy
USEPA
pursuant
to
Section
110(a)
(2)
or
110
(a)
(3)
of the Clean Air Act, including those standards or
limitations
with
a
future
compliance date and any
other
emission
standard
or
limitation
enforceable
under
the Environmental Protection
Act
or
by
the
USEPA
under
Section
113
of
the
Clean
Air
Act;
or
3)
The
emissions
rate
specified
as
an, a federally
enforceable permit condition including those
emissions
rates
with
a
future
compliance
date.
b)
The allowable emissions may be based on e~
~,
federally
enforceable permit condition limiting material or fuel
throughput.
c)
If
a source is not subject to an emission standard
described in subsection
(a) above and is not subject to
a
permit
condition described in subsection
(b)
above,
the allowable emissions shall be the source’s potential
to emit.
(Source:
Amended
at
17
Ill.
Reg.
______,
effective
_________)
Section 203.110
Available Growth Margin
“Available
Ggrowth
14~argin”means the portion which remains of
any
emission
allowance
for new or modified major stationary
sources expressly identified in the attainment demonstration
approved
by
the United StatesU.S. Environmental Protection Agency
(USEPA)
under
Section 172(~c)
(~)
(4)
of
the
Clean
Air Act
(42
U.S.C.
7502(~ç)(~)(4))
for a particular pollutant and area in a
zone
(within
a nonattainment area)
to which economic development
should be targeted.
in accordance with Section 173 (a) (1) (B) of
the Clean Air Act
(42 U.S.C.
7503(a)
(1) (B)).
(Source:
Amended at 17 Ill. Req.
______,
effective
_________)
Section 203.112
Building, Structure and Facility
a)
The terms “building”, “structure”, and “facility”
include all of the pollutant—emitting activities which
01
i~0-O
152
15
belong to the same industrial grouping,
are
located
on
one or more contiguous or adjacent properties,
and are
under the control of the same person
(or persons under
common control).
Pollutant-emitting activities shall
be considered as part of the same “Major Group”
(i.e.,
which
have
the
same two—digit code)
as described in the
Standard Industrial Classification Manual,
1972,
as
amended by the 1977 Supplement
(U.S. Government
Printing Office stock numbers 4101-0066 and
003-005—00176-0, respectively)
incorporated by
reference
in
35 Ill. Adm. Code 720.111.
b)
The
terms
“building”,
“structure”, and “facility” shall
also
include:
1)
the transfer of materials,
including but not
limited
to grain, gasoline, petroleum liquids,
coal,
fertilizer, crushed stone and ore, from
vessels, motor vehicles or other conveyances,
irrespective of ownership or industrial grouping,
to or from a building, structure,
or facility as
defined in subsection
(a)
above,
and
2)
activities at or adjacent to such building,
structure or facility which are associated with
such transfer,
including but not limited to idling
of propulr3ion cnginc~,the operation of engines to
provide heat, refrigeration or lighting, operating
of
auxiliary
engines
for
pumps
or cranes, and
transfer of materials from hold to hold or tank to
tank during onloading or offloading operations
except those activities causing emissions
resulting directly from internal combustion
engines from transportation purpose
or from a non
road engine or non road vehicle ~
Section
~16
of
the
Clean
.~ir ~ct
(42
~
7401
(Source:
Amended
at
17
Ill.
Reg.
______,
effective
__________
Section 203.1221
Emission Offset
“Emission offset” means a creditable emission reduction used to
compensate for the increase in emissions
resulting
from
a
new
major source or a major modification in accordance with Sections
203.302 and 203.303 of this Part.
(Source:
$
amended
..“‘
Section 203.1232
Emissions Unit
o
i~O-Ot53
16
“Emissions
~~nit”
means
any
part
of
a
stationary
source
which
emits or has the potential to emit any ~
pollutant subject to
regulation
under
the
Act
or
this
Chapter
or
by
the
United
States
Environmental
Protection
Agency
UCEPA
under
the
Clean
Air
Act
(42
U.S.C.
7401, the Act or et seq.).
(Source
Section 2~3~fl2
ren~beredfr~*mSection
2O~123
and
Addcd
a~ended
at
17
Ill
Reg
_____,
effective
_____________
Section 203.123
Federally Enforceable
“Federally enforceable” means enforceable by the United States
Environmental Protection Aciency.
(Source
Former 8ectiox~2U3~12~renuirthered to
Section
21~2,
~ew~Seot~ou
added
at
17
Iii
Reg
_____,
effective
_____________
.
..,.....................,......
.
Section
203.126
LAERLowest
Achievable
Emission
Rate
“LAER”
is
an
abbrcviationacronym for lowest achievable emission
rate.
(Source:
Amended at 17 Ill.
Reg.
______,
effective
___________
Section 203.128
Potential to
Emit
“Potential to ~mit”
means the maximum capacity of a stationary
source to emit a pollutant under its physical and operational
design.
Any physical or operational limitation on the capacity
of the source to emit a pollutant, including air pollution
control equipment
and
restrictions
on
hours
of
operation
or
on
the type or amount of material combusted,
stored, or processed,
shall be treated as part of its design only if the limitation or
the effect it would have on emissions is federally enforceable.
Secondary emissions do not count in determining the potential to
emit
of
a stationary source.
(Source:
Amended
at
17
Ill.
Reg.
______,
effective
___________)
Section 203.145
Volatile Organic CompoundNaterial
“Volatile Organic Compouna~means ~voia~iie organic material”, a~
that
term
ic defined at 35 Iii.
Adin.
Code 211.122.
“Volatile organic material”
(VON) means any compound of carbon,
excluding carbon monoxide, carbon dioxide, carbonic acid.
metallic carbides or carbonates, and ammonium ~arbonate, which
participates in atmospheric photochemicpl reactions.
~j
This includes any such organic compound other than the
following, which have been determined to have
Ut
17
negligible photochemical reactivity:
Methane; ethane;
methylene chloride (dichlormethane).
1,1,1-trichlorethane
(methyl
chloroform);
1, 1,1—trichloro-2
.2, 2—trifluoroethane
(CFC-113);
trichlorofluoromethane (CFC—ll);
dichiorodifluoromethane (CFC-12); chlorodifluoromethane
(CFC—22);
trifluoromethane
(FC—23); 1,2—dichloro
1.1,2,2—tetrafluoroethane (CFC—114)
cloropentafluoroethane (CFC—l15);
1.1, 1—trifluoro
2,2-dichloroethane
(HCFC-123);
1,1.12—tetrafluoroethane
(HFC—134a);
1.l—dichloro
1-f luoroethane
(HCFC—l4lb)
1-chloro_l,1—difluoroethane (HCFC—142b);
2-chloro--1,
1,1,
2-tetrafluoroethane
(HCFC-124);
pentafluoroethane
(HFC-125);
1,1,2.
2-tetrafluoroethane
(HFC—134);
1,1,
1—trifluoroethane
(HFC—143a);
1, 1-difluroethane
(HFC-152a); and perfluorocarbon
compounds
which
fall
into
these
classes:
fl
Cyclic,
branched,
or linear, completely
fluorinated alkanes
~
Cyclic,
branched,
or linear, completely
fluorinated
ethers
with
no unsaturations
fl
Cyclic,
branched, or linear, completely
fluorinated tertiary amines with no unsaturations
and
4J
Sulfur containing perfluorocarbons with no
unsaturations and with sulfur bonds only to carbon
and fluprine.
~j
For purposes of determining VOM emissions and
compliance with emissions limit~,s~
VOM will be measured
by the test methods in the approved implementation plan
or 40 CFR Part 60, Appendix A, incorporated by
reference at Sections 215.105, 218.112, and 219.112, as
applicable or by source-specific test methods which
have
been established pursuant to a permit issued
pursuant to a program approved or promulgated under
Title
V
of the Clean Air Act or under 40 CFR Part 51,
Subpart
I or Appendix
S. incorporated by reference at
Sections 218.112 and 219.112 or under 40 CFR Part
52.21,
incorporated by reference at Sections 218.112
and 219.112.
as applicable.
Where such a method also
measures compounds with negligible photochemical
reactivity, these negligibly—reactive compounds may be
excluded as VON if the amount of such compounds is
accurately quantified. and such exclusions is approved
by the Agency.
~j
As
a precondition to excluding these
01 ~O-O
155
18
negligibly—reactive
compounds
as
VON
or
at
any
time
thereafter,
the
Agency
may
reciuire
an
owner
or
operator
to_provide monitoring or testing methods and results
demonstratinci,
to
the
satisfaction
of
the
Agency,
the
amount of negligibly—reactive compounds in the source’s
emissions.
~j..
The
U
shall
not
be’
b’Si3”ñd”b~”a
i~i”y
State
dé’té±~m
i’ná’tion
as
to
appropriate methods for testing or monitoring
negligibly-reactive
compounds
if
such
determination
is
not
reflected
in
any
of the provisions of paragraph
(2)
(Source:
Amended
at
17
Ill.
Reg.
________,
effective
_________)
Section 203.150
Public Participation
Prior to the initial issuance or revision of a permit pursuant to
Subpart
B,
the
Agency
shall
provide
at
a
minimum,
notice
of
the
proposed issuance of a permit~ai~4a comment period, and
opportunity for public hearing pursuant to the Agency public
participation procedures found at set forth at 35 Ill. Adm. Code
~4& 252.
(Source:
Amended at 17 Ill. Reg.
_____,
effective
___________)
SUBPART
B:
MAJOR
STATIONARY
EflICCIONS
SOURCES
IN
NONATTAINMENT
AREAS
Section 203.201
Prohibition
In any nonattainment area, no person shall cause or allow the
construction of a new major stationary source or major
modification
that
is
major
for
the
pollutant
for
which
the
area
is designated a nonattainment area,
except as in compliance with
this Part for that pollutant.
In areas designated nonattainment
for ozone, this prohibition shall apply to new major stationary
sources or ma-br modifications of sources that emit volatile
organic materials or nitrocien oxides
~
~4S ~
which
~iere
adopt~
t~
j~tplemeritthe c~ea~
Mx
~ct
~eri~mertts
o~
Z~ ~ba~
~
~pt~1içt~~
~
~i~r
~
~,
maio~
~odi~t4p~
~i~4o1~
~
~r~dt
~pp~cat~,
wasPsu~t~te~b~
June
~
~
~
~
~
~I
~
I~~~PMX~IF
~
~
I
~~SI
~
“~“~‘
.....................
‘..~.
............
(Source:
Amended at 17 Ill. Reg.
_____,
effective
____
Section 203.203
Construction Permit Requirement and
0 kU-U
156
19
Application
a)
A
construction
permit
is
required
prior
to
actual
construction
of
a
major
new
source or major
modification.
b)
Applications for construction permits required under
this Section shall contain sufficient information to
demonstrate
compliance
with
35
Ill.
Adm.
Code
201
and
the
requirements
of
this
Subchapter
Part
including,
but
not
limited
to,
Subpart C.
c)
The permit shall include conditions specifying the
manner
in
which
the
requirements
of
Subparts
B
and
C
of
this
Part
are
satisfied.
d)
No
permittee
shall
violate
any
condition
contained in a
construction
permit
issued
for
a
new
major
stationary
source
or
major
modification
which
is
subject
to
this
Part.
(Source:
Amended
at
17
Ill.
Reg.
_____,
effective
___________
Section
203.206
Major
Stationary
Source
S~~Y
‘~c~’
I~I~~1
~xç
siy~~
~ea~
~build~1
s1~r~çtur~
an~
~aci1ity~!t
as those
~
~
~ec~on
~
~
~,
~
~i~:~)The following constitute a major stationary source:
1)
Any 3tationary couroc
of
air
pollutant3
which
emith,
or ha3 the potential to emit,
100 ton3 per
year or more of
mw
nr~11ut~nt
for which nollutant
the area i3 a nonatta~..~...arca.For an area
designated as nonattainment for ozone,
a malor
stationary source is a stationary source which
emits
or
has the potential to emit volatile
organic material in an amount egual to or greater
than the following:
~j.
100 tons per year in an area classified as
marginal or moderate nonattainment for ozone
~
50 tons per year in an area classified as
serious nonattainment for ozone
~
25 tons per year in an area classified as
severe nonattainment for ozone;
and
Q~
L~Q-U
157
20
Qj
10 tons per year in an area classified as
extreme
nonattainment
for
ozone
2)
Any phy
~ionary
~ourcc not qualifying under paragraph
1
a~a major stationary 3ouroe,
if the change would
conGtitute a major Qtationary source by itocif.
For an area designated as nonattainment for
nitrogen dioxide,
a malor stationary source is a
stationary source which emits or has the potential
to
emit
100
tons
per
year
or
more
of
nitrogen
dioxide.
~j.
For
an
area
designated
as
nonattainment
for
ozone,
a major stationary source is a stationary source
which
emits
or
has
the
potential
to
emit
nitrogen
oxides in an amount egual to or greater than the
following, unless U
Pro~tection~ge~cv
has made a finding under
SectIOn
S
I’I”äM”182
(f)
of
the
Clean
Air
Act
that
controlling of emissions of nitrogen oxides from
such sources shall not be reguired:
~
100 tons per year in an area classified as
marginal or moderate nonattainment for ozone
~j
50 tons per year in an area classified as
serious nonattainment for ozone,
~j
25 tons per year in an area classified as
severe nonattainment for ozone, and
~
10 tons per year in an area classified as
extreme nonattainment for ozo~~
j)
For an area designated nonattainment for PM—b
a
malor stationary source is a stationary source
which emits
or has the potential to emit:
~J
100 tons per year or more of PM—b
in an area
classified as moderate nonattainment area, or
~j
70 tons per year or more of PM—b
in an area
classified as serious nonattainment.
~j
For an area designated nonattainment for carbon
monoxide, carbon monoxide,
a malor stationary
source is a stationary source which emits or has
the potential to emit:
~j
100 tons per year or more of carbon monoxide
3ii~O-0t58
21
in
a
nonattainment
area,
except
as
provided
in
(B)
below,
~j
50
tons
Per
year
or
more
in
an
area
classified as “serious” nonattainment for
carbon monoxide where stationary sources
significantly
contribute
to
ambient
carbon
monoxide
levels,
as
determined
under
rules
issued
by
USEPA
DUr~T~ tç~1th~ ~le~r~i
~jr
~
For an area designated nonattainment for a
pollutant
other
than
ozone, nitrogen dioxide
PM—b
or carbon monoxide,
a xaaior stationary
source
is
a
stationary
source
which
emits
or
has
the potential to emit 100
tons
per
year
or
more
of
the pollutant.
~
A major stationary source that
is
a
major
for
volatile
organic
compounds
shall
be considered major for ozone.
AnY
physical
chancie
that
occurs
at
a
stationary
source
which
does
not
qualify
under
p~r~tqr~!Iph
subsection
(a)
of this Section as a malor
stà’t’ionãry
söürce
will
be
considered a major stationary source,
if the chancie
would
constitute
a major stationary source by itself.
e~) The reconstruction of a major stationary source will be
treated
as the construction of a new major stationary
source if the fixed capital cost of new components
exceeds
approximately
half
of
the
fixed
capital cost of
an entirely new stationary source.
Determining whether
reconstruction will occur is based on the following:
b)
Fixed capital cost shall mean the capital needed
to provide all the depreciable components;
2)
The fixed capital cost for the replacements
in
comparison to the fixed capital cost that would be
required to construct a comparable entirely new
source;
3)
The estimated life of the source after the
replacements compared to the life of a comparable
entirely new source; and
4)
The
extent
to
which
the
components
being
replaced
cause
or
contribute
to
the
emissions
from
the
source.
For
purposes
of
this
Part,
in areas that are
eias~i~ie~
~çt~e~
~qr~
22
inclUded in determining whether it
is p malor
statiónary.•.•:.’sàurce”.
,,~:‘.,In.a~~s,.:that::are.
nOt’ :~1assifi’ed’as
serious
severe or extreme nonattainment
the
fugitive
emissions of
a stationary source shall not be included
in determining whether it is a major stationary source,
unless
the
source
belongs
to
one
of
the
following
categories of stationary sources:
1)
Coal cleaning plants
(with thermal dryers);
2)
Kraft
pulp
mills;
3)
Portland
cement
plants;
4)
Primary zinc smelters;
5)
Iron
and
steel
mills;
6)
Primary
aluminum
ore
reduction
plants;
7)
Primary copper smelters;
8)
Municipal incinerators capable of charging more
than
250
tons
of
refuse per day;
9)
Hydrofluoric,
sulfuric,
or
nitric
acid plants;
10)
Petroleum
refineries;
11)
Lime
plants;
12)
Phosphate
rock
processing
plants;
13)
Coke
oven
batteries;
14)
Sulfur
recovery
plants;
15)
Carbon
black
plants
(furnace
process);
16)
Primary lead smelters;
17)
Fuel
conversion
plants;
18)
Sintering
plants;
19)
Secondary
metal
production
plants;
20)
Chemical process plants;
21)
Fossil—fuel boilers
(or combination thereof)
totaling more than 250 million
Btu
per hour heat
input;
o1~3_~60
23
22)
Petroleum storage and transfer units with a total
storage
capacity
exceeding
300,000
barrels;
23)
Taconite ore processing plants;
24)
Glass fiber processing plants;
25)
Charcoal production plants;
26)
Fossil fuel-fired steam electric plants of more
than
250
million
Btu
per
hour
heat
input;
27)
Any
other
stationary
source
categoryj~
which
wa~
regulated ø~’p~August
7,
1980
by
UCEPA
by
a
standard pi”omt”Igated under Section 111 or 112 of
the Clean Air Act
(42 U.S.C.
7411,
7412),
but only
with
respect
to
those
air
pollutants
that
have
been
regulated for that category
~fl
Any other stationary source category designated
by,
the
United
States
Environmental
Protection
Agency
by
rule.
(Source:
Amended
at
17
Ill.
Reg.
_____,
effective
___________
Section
203.207
Major Modification of a Source
a)
Except as provided in subsection
(c)
below,
a physical
change,
or
change
in
the
method
of
operation
of
a
major
stationary
source
that
would
result
in
a
significant
net
emissions
increase
of
any
pollutant
for
which
the
area
is
designated
a
nonattainment
area,
shall
constitute a major modification of a source.
b)
Any
net
emissions
increase
that is significant for
volatile organic compounds material or nitrogen oxides
shall be considered significant for ozone.
c)
A physical change or change in the method of operation
shall not include:
1)
Routine maintenance,
repair, and replacement which
does not constitute reconstruction pursuant to
Section 203.206(c).
2)
Use of an alternative fuel or
raw
material
by
reason
of
any
order
under
Sections
2 (a)
and
(b)
of
the Energy Supply and Environmental Coordination
Act
of
1974
(15
U.S.C.
791),
the
Power
Plant
and
Industrial
Fuel
Use
Act
of
1978
(42
U.S.C.
8301)
(or any superseding legislation) or by reason of a
natural
gas
curtailment
plan
pursuant
to
the
ORG-3161
24
Federal
Power
Act
(16
U.S.C.
791,
et
seq.).
3)
Use of an alternative fuel by reason of an order
or
rule
under
Section
125
of
the
Clean
Air
Act
(42
U.S.C.
7425).
4)
Use of an alternative fuel at a steam generating
unit to the extent that the fuel is generated from
municipal
solid
waste.
5)
Use of an alternative fuel or raw material by a
stationary source which:
A)
Was
capable
of
accommodating
such
alternative
fuel or raw material before December 21,
1976,
and which has continuously remained
capable of accommodating such fuels or
materials unless such change would be
prohibited under any enforceable permit
condition established after December 21,
1976,
pursuant
to
40
CFR
52.21,
this
Part,
or
35
Ill.
Adm. Code 201.142 or 201.143,
or
B)
Is approved for use under any permit issued
pursuant to this Part or
35 Ill. Adm. Code
201.142 or 201.143.
6)
An increase in the hours of operation or in the
production rate,
unless such change is prohibited
under any enforceable permit condition which was
established after December 21,
1976 pursuant to 40
CFR 52.21, this Part,
or 35 Ill. Adm. Code 201.142
or 201.143.
7)
Any change in ownership at a stationary source.
~j
In areas classified as serious or severe nonattainment
for ozone, beginning November 15,
1992 or such later
date that an area is classified by the United States
Environmental Protection Agency
(USEPA)
as a serious or
severe nonattainment area for ozone,
any physical
change or change in the method of operation of a major
stationary source which results in an increase in
emissions of 25 tons per year or more of volatile
organic material or nitrogen oxides from any discrete
operation,
unit,
or other pollutant emitting activity
at the source shall be considered a malor modification
unless:
fl.
The emissions and potential to emit emissions of
such pollutant.
i.e., volatile organic material or
nitrogen oxides, are less than 100 tons Per year,
üti~U-O162
25
and
21
The owner or operator of the source elects to
offset the increase by
a greater reduction in
emissions of such Pollutant i.e. volatile organic
material or nitrogen oxides, from other
operations,
units,
or activities within the source
at an internal offset ratio of at least 1.3. to
1.
~j
In areas classified as extreme nonattainment for ozone,
beginning on the date that an area is classified by
USEPA as an extreme nonattainment area for ozone, any
physical chancie
in or chancie in the method of operation
of a malor stationary source which results
in any
increase in emissions of volatile organic material or
nitrogen oxides from a discrete operation,
unit, or
other pollutant emitting activity shall be considered a
malor modification.
(Source:
Amended at
17 Ill. Reg.
______,
effective
___________
Section 203.208
Net Emission Determination
A net emissions increase is the amount by which the sum of any
increase in actual emissions from a particular physical change or
change in method of operation at a source, and any other
increases and decreases in actual emissions at the source that
are contemporaneous with the particular change and are otherwise
creditable, exceeds zero.
The following steps determine whether
the increase or decrease in emissions is available.
a)
Except for increases or decreases in ~GG vo~a~iLe
OrcffiTUO
materi~aX
and N-Q~nitrogen oxides emissions in
re ozone ~“b~’~’~E”
‘~“~?
areas which are
addressed in Section 203.209(b), an increase or
decrease in actual emissions is contemporaneous only
if
it occurs between the date that an increase from a
particular change occurs and the date five years before
a timely and complete application is submitted for the
particular change.
It must also occur after either
April 24,
1979,
or the date the area is designated by
the U.S.United States Environmental Protection Agency
(USEPA)
as a nonattainment area for the pollutant,
whichever is more recent;
b)
An increase or decrease in actual emissions is
creditable:
1)
Only if there is not in effect for the source at
the time the particular change occurs,
a permit
which
relied
on
the
same
increase
or
decrease
in
011~Q-U
163
26
actual
emissions;
and
2)
Only
to
the
extent
the
new
and
old
levels
differ.
c)
A decrease in actual emissions is creditable to the
extent that:
1)
It
is
federally
enforceable
at
and
after
the
time
that actual construction on the particular change
begins;
2)
It has approximately the same qualitative
significance for public health and welfare as that
attributed to the increase from the particular
change;
3)
The old level of actual emissions or the old level
of allowable emissions, whichever is lower,
exceeds the new level of actual emissions; and
4)
It is demonstrated by the Agency not to have been
previously relied on in issuing any permit
pursuant to this part or 35 Ill. Adm. Code 201.142
or 201.143 or for demonstrating attainment or
reasonable further progress in the nonattainment
area which the particular change will impact.
d)
An increase that results from a physical change at a
source occurs when the emissions unit on which
construction occurred becomes operational and begins to
emit a particular pollutant.
Any replacement unit that
requires shakedown becomes operational only after a
shakedown period not to exceed 180 days.
(Source:
Amended at 17 Ill. Reg.
_____,
effective
____________
Section 203.209
Significant Emissions Determination
~j
A net emission increase in the pollutant emitted is
significant if the rate of emission is equal to or in
excess of the following:
~
Carbon monoxide:
100 tons per year
(tpy)
2~1 Nitrogen oxides:
40 tpy for a nonattainment area
for nitrogen dioxide and 40 thy for an ozone
nonattainment area,
except as provided in
subsection
(b)
of this Section
~.ej
Sulfur
dioxide:
40
tpy
4.8j
Particulate matter measured as PM-b
3~25tpy
01 ~O-0
I 6~
27
~e)
Ozone:
40 tpy of volatile organic compounds
material, except as provided in subsection
(b)
of
this
Section
6~) Lead:
0.6 tpy
~
For areas classified as serious or severe nonattainment
for ozone. an increase in emissions of volatile organic
material or nitrogen oxides shall be considered
significant if the net emissions increase of such air
pp~1utantfrom
a stationary source located within such
area exceeds 25 tons when aggregated with all other net
increases in emissions from the source over any period
of
5 consecutive calendar years which includes the
calendar year in which such increase occurred.
This
provision shall become effective beginning November 15,
1992 or such later date that an area is classified as a
serious or severe nonattainment area for ozone.
(Source:
Amended at 17
Ill.
Reg.
______,
effective
__________
SUBPART
C:
REQUIREMENTS FOR MAJOR STATIONARY SOURCES IN
NONATTAINMENT AREAS
Section 203.301
Lowest Achievable Emission Rate
a)
For
any
source,
lowest
achievable
emission
rate
(LAER)
will be the more stringent rate of emissions based on
the following:
1)
The most stringent emission limitation which is
contained in the implementation plan of any state
for such class or category of stationary source,
unless it is demonstrated that such limitation
is
not achievable; or
2)
The most stringent emission limitation which is
achieved in practice by such a class or category
of stationary source.
This limitation, when
applied to a modification, means the lowest
achievable emissions rate for the new or modified
emissions units within the stationary source.
In
no event shall the application of this term permit
a proposed new or modified stationary source to
emit any pollutant in excess of the amount
allowable under an applicable new source
performance standard adopted by USEPA pursuant to
Section 111 of the Clean Air Act and made
applicable in Illinois pursuant to Section 9.1 of
the Act.
b)
The owner or operator of
a new major stationary source
DI ~Q-O
I 65
28
shall demonstrate that the control equipment and
process measures applied to the source will produce
LAER.
c)
The owner or operator of a major modification shall
demonstrate that the control equipment and process
measures applied to the major modification will produce
LAER.
This requirement applies to each emissions unit
at which a net increase in emissions of the pollutant
has occurred or would occur
as a result of a physical
change or change in the method of operation.
d)
The owner or operator shall provide a detailed showing
that the proposed emission limitations constitute LAER.
Such demonstration shall include:
1)
A description of the manner in which the proposed
emission limitation was selected, including a
detailed listing of information resources,
2)
Alternative emission limitations, and
3)
Such other reasonable information as the Agency
may request as necessary to determine whether the
proposed emission limitation is LAER.
~j
In areas classified as serious or severe nonattainment
for_ozone,
for modifications which are malor pursuant
to the applicability provisions of Section 203.207(d)
£or volatile organic material and nitrogen oxide
emissions, LAER shall apply except as provided as
follows:
fl
In
the
case
of
a stationary source which does not
emit or have the potential to emit 100 tons per
year or more of volatile organic material or
nitrogen oxides,
a requirement for Best Available
Control Technology
(BACT)
as defined in Section
169 of the Clean Air Act
(42 U.S.C. 7401 et seQ.)
substitutes for LAER.
BACT shall be determined in
accordance with policies and procedures published
by the UCEPAIJnited
States
~nvironmentai
Proteotton
~j
In the case of a stationary source which emits or
has the potential to emit 100 tons per year or
more of volatile organic material or nitrogen
oxides, the requirements for LAER shall not apply
if the owner or operator of the source elects to
offset_the increase by a greater reduction in
emissions of such pollutant from other operations,
units or activities within the source at an
~tL~00166
29
internal offset ratio of at least 1.3 to
1.
(Source:
Amended at 17
Ill. Reg.
______,
effective
__________
Section 203.302
Maintenance of Reasonable Further Progress
and Emission Offsets
a)
~
The owner or operator of a new major source or
major modification shall provide emission offsets
equal to or greater than the allowable emissions
from the source or the net increase in emissions
from the modification sufficient to allow the
Agency to determine that the source or
modification will not interfere with reasonable
further progress as set forth in Section 173 of
the Clean Air Act
(42 U.S.C. 7401 et seq.).
~
For new maior sources or maior modifications in
ozone nonattainment areas the ratio of total
emission reductions provided by emission offsets
for volatile organic material or nitrogen oxides
to total increased emissions of such contaminants
shall be at least as follows:
~j
1.1 to
b in areas classified as marginal
~j
1.15 to
1 in areas classified as moderate
~j
1.2 to
1 in areas classified as serious
Qj
1.3 to
1 in areas classified as severe; and
~j
1.5 to
1 in areas classified as extreme.
~j
The offset reauirement provided in subsection
(2)
“
above shall not be applicable
in extreme areas to
a modification of an existing source:
~j
if such modification consists of installation
of eguipment reguired to comply with the
implementation plan or the Clean Air Act; or
~j
if
the owner or operator of the source elects
to offset the increase by a greater reduction
in emissions of such ~o1butant from other
discrete operations, units, or activities
within the source at an internal offset ratio
of at least b.3 to
1.
b)
The Agency shall allow the use of all or some portion
of the available growth margin to satisfy subsection
0
30
(a)
above if the owner or operator can present evidence
that the possible sources of emission offsets were
investigated~~4
none were available at that time and
the new or modified major stationary source is located
in
a zone (within the nonattainment area)
identified bY
USEPA in consultation with the Secretary of Housing and
Urban Development,
as a zone to which economic
development should be targeted.
(Source:
Amended at 17 Ill.
Reg.
______,
effective
__________
Section 203.303
Baseline and Emission Offsets Determination
a)
An emission offset must be obtained from a source in
operation prior to the permit application for the new
or modified source.
Emission offsets must be effective
prior to start—up of the new or modified source.
b)
The emission offsets provided:
1)
Must be of the same pollutant and further be of a
type with approximately the same qualitative
significance for public health and welfare as that
attributed to the increase from a particular
change;
2)
ust1~.i’~””i”~”c’E”,”b’e
based on the type of fuel
being burned at the time the permit application is
filed,
and,
if offset is to be produced by a
future switch to a cleaner fuel,
be accompanied by
evidence that long—term supplies of the clean fuel
are available and a commitment to a specified
alternative control measure which would achieve
the same degree of emission reduction if return of
the dirtier fuel is proposed;
permanent ourtailment of produetion or operating
on
or
~tttci~
thc
d~tc ~
application is filed for a nc~t
or
modified soU~ro~,
been ~n~idc
~noim
to the
~eot~4
~tork1~ozroe~
4
~)
Must,
in the case of
a past shutdown of a source
or permanent curtailment of production or
operating hours, have occurred since April 24,
Ut
i~-Q
168
31
1979,
or the date the area is designated a
nonattainment area for the pollutant, whichever is
more recent,
and. ~int~.i~
tI~U~P~~
~~roy~
t~
att~ininent
demonstration
and
state
trading
or
r~p~ct
rules
for,
~he
~
p~ll~t~it.~
the
~Ose~”
new or
dif’ièd”säürcé”I~üC?”b~”á”
replacement for the shutdown or curtailment;
4
f)
Must be federally enforceable by permit,
~
~)
Must not have been previously relied on,
as
demonstrated by the Agency,
in issuing any permit
pursuant to 35
Ill. Adm. Code 201.142 or 201.143
or this Part,
or for demonstrating attainment or
reasonable further progress.
c)
The baselines for determining emission offsets are as
follows:
Except as provided in subsection
(2), tlhe baseline for
determining the extent to which emission reductions are
creditable as offsets shall be the actual emissions of
the source from which the offset is to be obtained, to
the extent they are within any applicable emissions
limitations of this Chapter or the Act or any
applicable standards adopted by USEPA pursuant to
Section 111 and 112 of the Clean Air Act,
and made
applicable in Illinois pursuant to Section 9.1 of the
Environmental Protection Act
(Ill.
Rev. Stat.
1991 ch.
111 1/2, par
1009.1) ~415
ILC~
5~ 1~)
progress and attainment of ambient air quality
standards approved by USEPA pursuant to Section
110(a) (2)
or 110(a) (3)
of the Clean Air Act is
based on the applicable emission limitations of
this Chapter or the
Act
or any applicable
stanUarW~
~u~p~eu
~y
uc~z~i~
pursuant
~c
c
.‘t..iuii
111
and 112 of the Clean Air Act and made applicable
i-n Illinois pursuant to Section 9.1 of the
an
Environmental Protection Act for sources within
area,
and the source from which the offset is to
be obtained is subject to such limitations, the
baseline for offsets shall be the lesser of such
limitation or the potential to emit of the source.
d)
The location of sources providing the emission
pffscto:reductjons to fulfill the offset reguirements
of this Section:
Must,
for particulate matter, sulfur dioxide and
carbon monoxide, be such that
,
relative to the
01
i~.O-01
69
1)
32
site of the proposed new or modified source,
the
location of the offset, together with its
effective stack height, ensures a positive net air
quality benefit.
This shall be demonstrated by
atmospheric simulation modeling, unless the
sources providing the offset arc on the same
or in the immediate vicinity ~
£~
or modified source and the pollutants disperse
from
substantially
the
height.
In
determining
same
effective
stack
effective
stack
height,
creait shall not be givz.r~for d
enhancement techniques.
The
owner
or operator
of
a proposed new or modified source shall perform
the analysis to demonstrate the acceptability of
the location of an offset,
if the Agency declines
to make such analysis.
Effective stack height
means actual stack height plus plume rise.
Where
actual stack height exceeds good engineering
practices,
as determined pursuant to 40 CFR 51.100
(1987)
(no
future amendments or editions arc
included),
the creditable stack height shall be
used.
Must be achieved in the same nonattainment
area as the increase being offset, except as
provided as follows:
~j
An owner or operator may obtain the necessary
emission reductions from another
nonattainment area where such other area has
an equal or higher nonattainment
classification than the area in which the
source is located, and
~J
The emission reductions from such other area
contrilDute.,to
a violation of the national
ambient air quality standard in the
nonattainment area in which the new or
modified source
is located.
21
Must,
for
nitrogen
oxides,
be in the general
vicinity of the proposed new or modified
source.Must,
for particulate matter,
sulfur
dioxide and carbon monoxide, be such that,
relative
to
the
site
of
the
proposed
new
or
modified source, the location of the offset,
together with its effective stack height,
ensures
a positive net air quality benefit.
This shall be
demonstrated by atmospheric simulation modeling,
unless the sources providing the offset are on the
same premises or in the immediate vicinity of the
new or modified source and the pollutants disperse
from substantially the same effective stack
height.
In determining effective stack height,
01 i~ü-0
170
~vrcm
33
credit shall not be given for dispersion
enhancement techniques.
The owner or oPerator of
a ProPosed new or modified source shall perform
the analysis to demonstrate the acceptability of
the location of an offset,
if the Agency declines
to make such analysis.
Effective stack height
means actual stack height Plus plume rise.
Where
actual stack height exceeds good engineering
practices,
as determined pursuant to 40 CFR 51.100
(1987)
(no future amendments or editions are
included), the creditable stack height shall be
used.
Must,
for volatile organic compounds,
be in the
broad vicinity of the proposed
.~_—
._.c.c._,._4—__-
~odificd
~
t4~at
~,
~
must be
~
from
within the Air Quality Control Region of the new
or modified source,
or from other areas which may
-~econtributir~to the ozone problem
-~-~-
i-hr’
~tif-s-
of the new or modified source.
LJL.L..~~A
-
e)
Replacement of one volatile organic compoundmaterial
with another of lesser reactivity does not constitute
an emission reduction.
,fJ
Emission reductions otherwise reguired bY the Clean Air
Act
(42 U.S.C.
7401 et sea.)
shall not be creditable
for purposes of any such offset requirement.
Incidental emission reductions which are not otherwise
required by the Clean Air Act shall be creditable as
emission reductions for such purposes if such emissions
reductions meet the requirements of thj~~abp,a~,,t~.
(Source:
Amended at 17 Ill. Reg.
______,
effective
Section 203.306
Analysis of Alternatives
_,c
___~
_~s_1
-.
~The owner or operator shall demonstrate that benefits of the new
major source or major modification significantly outweigh the
environmental and social costs imposed as a result of its
location, construction, or modification, based upon an analysis
of alternative sites, sizes, production processes and
environmental control techniques for such proposed source.
(Source:
Amended at
17 Ill. Reg.
______
effective
SUBPART H:
OFFSETS FOR EMISSION INCREASES FROM ROCKET
ENGINES
AND
MOTOR FIRING
01 L~0-0
171
34
Section 203.801
Offset~~~for Emi
Rocket Engines and Motor Firing ~
A source may offset, by alternative or innovative means emission
increases from rocket enaine and motor firing,
and cleaning
related to such firing,
at an existing or modified malor source
that tests rocket engines or motors under the followin2
conditions:
~j
Any modification Proposed
is solely for the purpose of
expanding
the
testing
of
rocket
engines
or
motors
at
an
existina source that is permitted to test such engines
on
November
15,
1990
~
The source demonstrates to the satisfaction of the
Agency
that
it
has
used
all
reasonable
means
to
obtain
and
utilize
offsets,
as
determined on an annual basis,
for the emissions increases beyond allowable levels,
that all available offsets are being used,
and that
sufficient offsets are not available to the source
~j
The source has obtained a written finding from the
Department of Defense, Department of Transportation,
National Aeronautics and Space Administration or other
appropriate Federal agency, that the testing of rocket
motors or engines at the facility is required for
a
program essential to the national security; and
~j.. The source will comply with an alternative measure,
imposed by the Agency or Board, designed to offset any
emission
increases
beYond
permitted
bevels
not
directly
offset by the source.
(Source:
Added at 17 Ill. Reg.
______,
effective
____________
IT IS SO ORDERED.
I, Dorothy N. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that the abQve opinion and order was
adopted on the
//
~‘-
day of
77i
~&—e~.I-.-’
,
1992,
by
a
vote
of
~-O.
-,
~7~i
~
Dorothy M.
9’uy~n, Clerk
Illinois Po~,XutionControl Board
01
L~.0-D
172