TITLE 35: ENVIRONMENTAL PROTECTION

TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
1. CHAPTER I: POLLUTION CONTROL BOARD
2. SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE B: AIR POLLUTION

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS

PART 202

ALTERNATIVE CONTROL STRATEGIES

SUBPART A: GENERAL PROVISIONS

Section

202.101 Definitions

202.104 Actual Emissions

202.107 Allowable Emissions

202.110

Alternative Control Strategy (ACS)

202.113 Chapter

202.116 Emission Baseline

202.119 Multi-person ACS

202.122

Potential to Emit

202.125 Abbreviations

202.140 Scope

202.142 Severability

SUBPART B: PERMIT APPLICATION

Section

202.201

Emission Baseline for Alternative Control Strategies

202.210

Permit Application Information

202.211

Analysis of Emissions

202.212

Analysis of Environmental Quality

202.213

Analysis of Methods of Assuring Compliance

SUBPART C: PERMIT CONDITIONS AND ISSUANCE

Section

202.301 Permit Conditions

202.302

Records and Reports

202.303

Monitoring and Testing

202.304 Compliance Dates

202.305 Public Participation

202.306

Standards for Issuance

202.307

Notification to USEPA

SUBPART D: PERMIT DURATION, REVISION AND RENEWAL

Section

202.401 Duration

202.402 Revision

202.403 Renewal

SUBPART E: ALTERNATIVE CONTROL STRATEGIES INVOLVING MORE

THAN ONE PERSON

Section

202.501 Applicability

202.502 Permit Application

202.503 Duration

202.504 Permit Conditions

Pre-Codification into Codified

Appendix B

Codified into Pre-Codification

AUTHORITY

: Implementing Section 9.3 and authorized by Sections 5 and 27 of the

Environmental Protection Act (Ill. Rev. Stat. 1981, ch. 111 1/2, pars. 1005, 1009.3,

and 1027).

SOURCE

: 35 Ill. Adm. Code 212 adopted in R81-20 (Interim) at 6 Ill. Reg. 6703,

effective May 20, 1982; renumbered to 35 Ill. Adm. Code 202 and amended in R81-

20(A) at 7 Ill. Reg. 8091, effective June 27, 1983; codified at 7 Ill. Reg. 13584;

corrected at 7 Ill. Reg. 14561; amended in R81-20(B) at 8 Ill. Reg. 4171, effective

March 16, 1984.

SUBPART A: GENERAL PROVISIONS

Section 202.101 Definitions

Unless a different meaning of a term is clear from its context, the definitions of terms

used for this Part shall be the same as those used in this Chapter, 35 Ill. Adm. Code

Subtitle B, Chapter I (Chapter).

Section 202.104 Actual Emissions

"Actual emissions" means the actual rate of annual emissions of a pollutant from an

operational emission source for a particular date equal to the mean rate at which the

emission source actually emitted the pollutant during the two-year period which

immediately precedes the particular date and which is determined by the Illinois

Environmental Protection Agency (Agency) to be representative of normal emission

source operation; however:

a) The Agency shall allow the use of a different time period upon a

determination that it is more representative of normal emission source

operation. The burden shall be on the applicant to demonstrate that

another time period is more representative. Actual emissions shall be

calculated using the emission source's actual operating hours, production

rates, and types of materials processed, stored, or combusted during the

selected time period.

b) If the Agency determines that there is inadequate information to determine

actual emissions as indicated in the preceding paragraphs, the Agency

shall use the potential to emit of the emission source.

Section 202.107 Allowable Emissions

a) "Allowable emissions" means the emission rate of an emission source

calculated using the maximum rated capacity of the emission source

(unless the emission source is subject to permit conditions or other

enforceable limits which restrict the operating rate, or hours of operation,

or both) and the more stringent of the following:

1) The applicable emission standard or limitation contained in this

Chapter, including those with a future compliance date; or

2) The emissions rate specified as a permit condition including those

with a future compliance date.

b) The allowable emissions may be expressed as a permit condition limiting

annual emissions or material or fuel throughput.

c) Allowable emissions shall include a reasonable estimate of emissions in

excess of applicable standards during start-up, malfunction, or breakdown,

as appropriate, only if the applicable provisions of 35 Ill. Adm. Code Part

201 have been complied with.

d) If an emission source is not subject to an emission standard under

subsection (a) and is not conditioned pursuant to subsection (b), the

allowable emissions shall be the source's potential to emit.

Section 202.110 Alternative Control Strategy (ACS)

"Alternative control strategy" means a specific program of emissions limitations and

requirements which is environmentally equivalent to that which would otherwise be

required by applicable statutes or regulations, and under which the owner or operator of

an emission source increases emissions of a regulated pollutant beyond the emission

baseline at one or more emission sources and correspondingly reduces emissions of the

same pollutant below the emission baseline at other emission sources.

Section 202.113 Chapter

References to "this Chapter" or "Chapter 2" in this Part shall mean Pollution Control

Board air pollution rules and regulations as contained in Chapter 2: Air Pollution

Regulations and as codified under 35 Ill. Adm. Code: Subtitle B, Chapter I.

Section 202.116 Emission Baseline

"Emission baseline" means the starting point or reference level from which increases and

decreases in emissions are measured. The rules governing determination of emission

offsets, calculation of net emission increases, and evaluation of ACS strategies specify

the particular emission baseline that applies for that purpose.

Section 202.119 Multi-person ACS

"Multi-person ACS" means an ACS which includes emission sources which are owned

and controlled by different persons who have formed a joint venture for purposes of the

ACS.

Section 202.122 Potential to Emit

"Potential to emit" means the maximum capacity of an emission source to emit a

pollutant under its physical and operational design. Any physical or operational

limitation on the capacity of the emission 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 enforceable. Secondary

emissions do not count in determining the potential to emit of a stationary source.

Section 202.125 Abbreviations

"ug" is an abbreviation for micrograms.

" is an abbreviation for cubic meter.

"SO2" is an abbreviation for sulfur dioxide.

"TSP" is an abbreviation for particulate matter.

"NOx" is an abbreviation for nitrogen oxides.

"CO" is an abbreviation for carbon monoxide.

Section 202.140 Scope

Pursuant to a permit issued by the Agency under this Part, a person or persons may use

an ACS for emission sources, including fugitive emission sources, in lieu of compliance

with conflicting requirements which would otherwise be applicable under this Chapter.

Section 202.142 Severability

Notwithstanding 35 Ill. Adm. Code 201.125, if any provision of Part 202 is stayed or

declared invalid by a final order, no longer subject to appeal, of any court of competent

jurisdiction, then the entirety of Part 202 shall be deemed stayed or invalidated until the

stay is lifted or the Pollution Control Board (Board) acts to revalidate the Part.

SUBPART B: PERMIT APPLICATION

Section 202.201 Emission Baseline for Alternative Control Strategies

a) The baseline for reviewing decreases or increases of emissions from

emission sources which are the subject of an ACS shall be the lesser of the

actual emissions or the allowable emissions prescribed by this Chapter.

b) Notwithstanding subsection (a), an increment of emission reduction shall

be creditable under an ACS to the extent that it:

1) Was achieved as a result of the installation of pollution control

equipment, changes in process, procedures, or materials, or the

shutdown of an emission source which would not have occurred

but for the purpose of creating an emission reduction;

2) Reduced emissions beyond the requirements of Board regulations;

and

3) Was not relied upon in the State Implementation Plan (SIP)

demonstration to demonstrate compliance with ambient air quality

standards in the compliance year in nonattainment areas or

maintenance of air quality in other areas.

c) For purposes of subsection (b), the burden shall generally be on the permit

applicant. However, for the purpose of subsection (b)(3) it shall be the

responsibility of the Agency to demonstrate that the SIP demonstration

either did or did not rely upon the emission reduction in question, whether

from the particular emission source or the category to which it belongs.

d) Notwithstanding subsection (b)(3), if an emission source is located in an

area for which the SIP does not demonstrate attainment of the air quality

standards by the compliance year for the pollutant which is the subject of

the ACS, it may utilize an emission reduction credit only to the extent that

that reduction reduces its emissions below actual emissions.

(Source: Amended at 7 Ill. Reg. 8091, effective June 27, 1983)

Section 202.210 Permit Application Information

In addition to other information which may be required under 35 Ill. Adm. Code 201, a

permit application under this Subpart shall:

a) List the emission sources to be included in the ACS, the emission baseline

the applicant believes to be applicable to each emission source, and the

remaining useful life of each emission source.

b) Describe the proposed modifications to the emission sources and quantify

the emission increases and decreases anticipated to occur as a result of

each modification.

c) Identify the Board regulations and the terms of the Environmental

Protection Act (Act) (Ill. Rev. Stat. 1981, ch. 111 1/2, pars. 1001 et

seq.) to which the applicant believes the ACS provides an alternative.

d) Describe the methods currently used to assure compliance and the

methods proposed to be used under the ACS. Such methods may include,

but are not limited to recordkeeping, equipment or emissions monitoring,

source testing, and material or process specifications.

e) Provide an analysis of the ACS pursuant to this Subpart.

f) Contain a certification, signed by all ACS applicants, stating that a copy of

the ACS application has been sent by certified mail to the United States

Environmental Protection Agency (USEPA) if any of the emission sources

included in the ACS are presently the subject of a federal notice of

violation or federal enforcement action under the provisions of the Clean

Air Act (42 U.S.C. 7401 et seq.), including civil actions filed under

Section 113(b), criminal actions filed under Section 113(c), a notice

imposing non-compliance penalties issued under Section 120,

administrative orders issued under Section 113(a), or a citizen suit filed

under Section 304 where the USEPA has intervened (42 U.S.C. 7413 and

7420).

g) Provide such other information as the Agency can demonstrate to be

necessary for the determination of compliance with the standards of

issuance in Section 202.306, including the results of any source tests or

ambient air monitoring.

(Source: Amended at 7 Ill. Reg. 8091, effective June 27, 1983)

Section 202.211 Analysis of Emissions

a) A permit application under this Subpart shall provide a comparison of the

baseline emissions and the emissions which would be permitted under the

proposed ACS for each emission source involved in the ACS. Where

appropriate, this analysis shall address differences between the emission

sources to be covered by the ACS with regard to:

1) Methods of determining emissions;

2) Consistency and reliability of the performance of the emission

sources and any associated control devices;

3) Frequency and duration of operating during malfunction or

breakdown, or excess emissions during start-up;

4) Methods of operation, including operating schedules, range of raw

materials or products, etc.; and

5) Other characteristics of the emission sources or their operation

which may affect equivalence of emissions.

b) The analysis shall describe any increases in emissions from emission

sources outside the ACS which may accompany the proposed ACS.

Section 202.212 Analysis of Environmental Quality

a) A permit application under this Subpart shall provide a comparison of the

ambient air quality under existing requirements and the ambient air quality

which would exist under the proposed ACS. This analysis shall include

dispersion modeling based on the best and most appropriate models for the

pollutant and emission sources involved, unless the Agency finds that:

1) Due to the characteristics of the pollutant and emission source,

dispersion modeling is inappropriate or unnecessary for

determining effects on air quality; or

2) The location of emission sources included in the ACS are not more

than 250 meters apart, the effective plume height of the emission

increases and decreases are not significantly different and the

differences in the characteristics of the emission sources are not

likely to affect ambient air quality; or

3) Differences in location, plume height, operating practice, and other

characteristics of the emission sources subject to the ACS are not

likely to significantly affect ambient air quality. An effect on

ambient air quality is significant if it equals or exceeds the levels

specified in the following table:

b) The applicant shall analyze the air quality impacts resulting from trades

between emission sources, including the impact of emissions which differ

in their qualitative impact on health or the environment.

c) The analysis shall describe any other impacts on the environment which

may accompany the proposed ACS.

Section 202.213 Analysis of Methods of Assuring Compliance

A permit application under this Subpart shall provide a comparison of the methods of

assuring compliance under existing requirements and the methods of assuring compliance

which would be used under the proposed ACS. As a minimum, the analysis shall address

the effectiveness, reliability, and accessibility of these methods.

SUBPART C: PERMIT CONDITIONS AND ISSUANCE

Section 202.301 Permit Conditions

a) The permit shall specify:

1) All emission limits which apply to emission sources under the

ACS, and

2) Any compliance procedures which shall be followed by the

permittee.

b) The permit may be conditioned so that compliance with the terms of the

ACS will continue in the event of change of ownership of emission

sources, and such terms will be made applicable to the new owner.

c) The Agency may impose such other permit conditions in a permit as are

necessary to accomplish the purposes of the Act or of this Part.

Section 202.302 Records and Reports

a) The Agency shall require that a permittee operating under an ACS

maintain such records as necessary to determine compliance with the

requirements of the ACS.

1) These records shall include, but shall not be limited to the actual

and allowable emission rates, or the parameters from which these

rates are determined or related operational parameters of the

equipment.

2) The records shall be maintained as prescribed in the permit.

3) These records shall be available to the Agency and copies of these

records shall be sent to the Agency upon written request. The

Agency shall make such records available to the public pursuant to

Sections 7 and 7.1 of the Act (Ill. Rev. Stat. 1981, ch. 111 1/2,

pars. 1007 and 1007.1) and regulations promulgated hereunder.

b) A permittee operating under an ACS shall submit to the Agency reports

containing such reasonable information and at such reasonable frequency

as the Agency may specify pursuant to a condition of a permit or general

procedures established by the Agency, to assure that the terms of the ACS

are met.

c) A permittee operating under an ACS shall notify the Agency within 72

hours by telephone or telegram of circumstances, which will make

compliance with the requirements of the ACS impossible.

1) This notice shall be followed within ten days by written

confirmation which describes the circumstances which prevent

compliance with the requirements of the ACS and supplies a

preliminary Compliance Program which will result in compliance

with this Chapter.

2) The permittee shall take all reasonable steps to come into

compliance with the ACS or this Chapter as expeditiously as

possible.

Section 202.303 Monitoring and Testing

The Agency may require that equipment testing and monitoring, as authorized elsewhere

in this Chapter, accompany the construction or operation of emission sources under a

permit containing an ACS.

Section 202.304 Compliance Dates

a) No owner or operator subject to a permit utilizing an ACS is relieved of

the responsibility for achieving and maintaining a reduction of emissions

as expeditiously as practicable, but not later than the compliance date

required under other applicable regulations.

b) Notwithstanding subsection (a), an owner or operator may demonstrate

compliance with 35 Ill. Adm. Code 215 pursuant to an Agency approved

alternative compliance plan contained in a permit utilizing an ACS which

is applied for prior to December 31, 1982. The Agency shall approve such

an alternative compliance plan if, and only if, the applicant demonstrates

that:

1) The alternative compliance plan extends the compliance date for

each emission source subject to the ACS no longer than necessary

to enable that emission source to utilize the ACS, but in no case

later than December 31, 1987;

2) The emission source belongs to a category of emission sources

having a compliance date of December 31, 1982 or later under 35

Ill. Adm. Code 215;

3) The use of an ACS will result in either greater or faster overall

emission reductions than would otherwise be achieved; and

4) Such extension is consistent with the requirements of the Clean Air

Act.

Section 202.305 Public Participation

The initial issuance of a permit containing an ACS shall be subject to applicable Agency

public participation procedures (35 Ill. Adm. Code 166) prior to issuance. At a

minimum, the Agency shall provide an opportunity for public comment.

Section 202.306 Standards for Issuance

The Agency shall issue a permit containing an ACS if, and only if, the permit applicant

demonstrates that:

a) The ACS provides, in the aggregate with respect to each regulated

pollutant, equivalent or less total emissions than would otherwise be

required.

b) The impact of the ACS is environmentally equivalent to that which would

otherwise be achieved and maintained under existing requirements.

c) The methods for assuring compliance with the conditions and

requirements of the permit under the ACS are equivalent to those that are

associated with otherwise applicable requirements.

d) The ACS complies with any applicable requirements contained in 35 Ill.

Adm. Code 203, 230 or 231.

e) USEPA has not disapproved the proposed ACS or any compliance

schedule it may contain due to the existence of a federal enforcement

action pending against a participant in the ACS.

f) The ACS does not permit an increase in emissions of any pollutant which

is listed or regulated pursuant to Section 112 of the Clean Air Act (42

U.S.C. 7412 et seq.).

(Source: Amended at 7 Ill. Reg. 8091, effective June 27, 1983)

Section 202.307 Notification to USEPA

Upon issuance of an ACS permit, the Agency shall notify USEPA of emission

limitations, alternative compliance plans, and any other permit conditions applicable to

emission sources under an ACS.

(Source: Amended at 7 Ill. Reg. 8091, effective June 27, 1983)

SUBPART D: PERMIT DURATION, REVISION AND RENEWAL

Section 202.401 Duration

a) A permit containing an ACS shall be issued for no longer than five years,

or for such shorter period as the Agency may specify as necessary for

periodic review of the ACS or to accomplish the purposes of the Act or of

this Chapter. However, an ACS permit may not be issued for a period of

time which is greater than the useful life of an emission source which

contributes an emission reduction to the ACS. The burden of proving the

useful life of the emission source is on the applicant.

b) Upon the initial issuance or renewal of an ACS permit, the Agency shall

consider all factors which it reasonably construes as bearing upon the

useful life of an emission source which contributes an emission reduction

to the ACS. Where a shutdown emission source contributes an emission

reduction to an ACS, the Agency shall specify the useful life of the

shutdown emission source in a permit condition. Factors which the

Agency considers shall include, as a minimum:

1) The anticipated useful life of the principal components of the

emission source upon purchase;

2) The physical condition of the principal components of the emission

source;

3) The technological acceptability of the emission source;

4) The economic viability of the emission source; and

5) The demonstrated useful life of emission sources of the same

category or functional type.

c) The Agency shall make a record of the factors considered and the basis for

its initial or modified determination of useful life made pursuant to

subsection (b).

(Source: Amended at 8 Ill. Reg. 4171, effective March 16, 1984)

Section 202.402 Revision

a) Timing

1) An application for revision of a permit containing an ACS shall be

submitted at least 180 days prior to the date on which the revision

is required to go into effect.

2) If the standard under this Chapter for an emission source included

in the ACS is changed and a revised ACS is being proposed, an

application for revision of a permit containing the ACS shall be

submitted at least 90 days prior to the date a compliance plan must

be submitted.

b) The applicant shall submit the information specified in Section 202.210

which is necessary to show that the revised ACS will meet the standards

of permit issuance specified in Section 202.306.

c) Unless the Agency finds that the proposed revisions to the ACS are not

substantive in nature and do not alter fundamental details of the ACS

which was approved under the prior permit, issuance of the revised permit

shall be subject to public participation pursuant to Section 202.305.

Section 202.403 Renewal

a) An application for renewal of a permit containing an ACS shall be

submitted at least 180 days prior to the expiration of the previous permit.

b) Applications for renewal shall contain the information specified in Section

202.210. However, an analysis of the effect of the ACS on air quality

pursuant to Section 202.212 need be provided only if:

1) The other information submitted pursuant to this subsection is

different from the information upon which the permit was

previously issued, and

2) the differences include a change in the applicable emission limit or

operation of the source or may otherwise significantly affect air

quality.

c) Unless the Agency finds that changes in the application are not

substantive in nature and do not alter fundamental details of the ACS

which was approved under the prior permit, renewal of the permit shall be

subject to public participation pursuant to Section 202.305.

(Source: Amended at 7 Ill. Reg. 8091, effective June 27, 1983)

SUBPART E: ALTERNATIVE CONTROL STRATEGIES INVOLVING MORE

THAN ONE PERSON

Section 202.501 Applicability

Persons who propose or participate in a multi-person ACS shall be subject to the rules

found in this Subpart in addition to the remainder of this Part.

Section 202.502 Permit Application

In addition to the information required in Section 212.210, persons who propose a multi-

person ACS shall:

a) Identify the persons having ownership and control of the emission sources

to be included in the ACS.

b) Provide a written agreement showing the participants' intent to pursue the

multi-person ACS and to be jointly bound by the terms and conditions of

any permits which are issued pursuant to the application.

Section 202.503 Duration

All permits issued under a multi-person ACS shall have the same expiration date.

Section 202.504 Permit Conditions

Each participant in a multi-person ACS shall be issued an individual permit which shall

be conditioned on the continuing compliance of the other participants with the limitations

in their permits.

Section 202.505 Records and Reports

All records and reports of the participants in a multi-person ACS which are not

confidential in nature shall be available for inspection to the other participants upon

reasonable notice of a request to inspect.

Section 202.506 Revocation

Permit revocation or other sanctions may be initiated before the Board against any and all

persons in the multi-person ACS, regardless of the ownership and control of the emission

source at which the violations occurred or any contracts or other agreements between the

participants.

Section 202.507 Termination

a) If a participant in a multi-person ACS intends to terminate involvement in

the ACS, it shall give written notice to the Agency and the other

participants in the ACS at least 180 days prior to the anticipated

termination date.

b) If the ACS will not meet the standards of issuance with only the remaining

participants, they may:

1) Propose a revised ACS to include the remaining sources and

persons; this proposal shall be submitted to the Agency at least 120

days before new permits are required; or

2) Apply for revised permits, pursuant to the otherwise applicable

regulations in this Chapter; such applications shall be submitted at

least 90 days before the permits are required; or

c) If the notice of termination of the multi-person ACS does not allow

sufficient time to meet the time periods in Subsection 202.507(b) above,

the participants may seek variance relief from the Board from the

requirements of this Chapter and of the Act.

APPENDIX A

Pre-Codification into Codified

APPENDIX B

Codified into Pre-Codification