ILLINOIS POLLUTION CONTROL BOARD
    February 17,
    1994
    IN THE
    MATTER
    OF:
    )
    )
    AMENDMENTS TO THE
    NEW
    )
    R93-26
    SOURCE
    REVIEW
    RULES
    )
    (Rulemaking)
    35 ILL.
    ADM.
    CODE 203
    )
    Proposed Rule. Second Notice.
    OPINION
    AND
    ORDER OF THE BOARD
    (by G.
    T. Girard):
    On October
    7,
    1993, the Board sent this proceeding to first
    notice by directing the Clerk to cause publication of the
    proposal in the Illinois Reciister.
    The Board held two hearings
    on this proposal one on December
    8,
    1993 and one on January 27,
    1994.
    The Illinois Environmental’ Protection Agency was the only
    participant at those hearings.
    Today, the Board proceeds with
    this rulemaking to second notice with no substantive changes in
    the proposal.
    BACKGROUND
    On September 23,
    1993, the Illinois Environmental Protection
    Agency (Agency) filed a “Motion For Expedited Correction and
    Affidavit” in R92—21 Amendments to New Source Review Rules.
    The
    Agency’s motion asked that the Board submit to the Joint
    Committee on Administrative Rules
    (JCAR)
    a request for an
    expedited correction of
    35 Ill. Adm. Code 203, pursuant to
    Section 5—85 of the Illinois Administrative Procedures Act (APA).
    (5 ILCS 100/5—85; Not.
    at 1.)
    On October
    1,
    1993, the Board
    received a response to the Agency’s motion filed by the Illinois
    Steel Group
    (Steel Group)
    opposing the adoption of an expedited
    correction.
    The Board agreed that an error occurred and that the error
    should be corrected as quickly as possible since this section of
    the rules is a part of Illinois’ SIP submittal.
    However, the
    question before the Board was how best to correct the
    typographical error.
    The Board determined that the best way to
    proceed was to open a new rulemaking docket under Section 28.2 of
    the Act.
    On December 14,
    1993, the Board received a motion filed by
    the Agency asking the Board to rule on the Agency’s oral motion
    to dismiss this docket presented by the Agency at the December 8,
    1993 hearing.
    The Board denied that motion on January
    6,
    1994.
    DISCUSSION
    The Board has received three public comments on this rule.
    In addition, the hearing officer at the December 8,
    1993, hearing
    incorporated the motions filed in docket R92-21 onto this docket.
    2
    The comments were received from the Illinois Department of
    Commerce and Community Affairs
    (P.C.
    1), the Secretary of State
    Administrative Code, Unit
    (P.C.
    2) and Browning-Ferris Industries
    (SF1)
    (P. C.
    3).
    Other than comments by the Agency, no other
    testimony was presented at the hearings on this rulemaking.
    There have been no suggested amendments from the public, the
    Agency or the Board to this rulemaking.
    Therefore, the Board
    will proceed to second notice with this proposal.
    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
    203
    .
    103
    203
    .
    104
    203
    .
    107
    203.110
    203.112
    203.113
    203.116
    203.117
    203.119
    203
    •
    121
    203
    •
    122
    203
    •
    123
    203.124
    203.125
    203.126
    203.127
    203.128
    203.131
    203.134
    203.136
    203.145
    203.150
    203.155
    Definitions
    Actual Construction
    Actual Emissions
    Allowable Emissions
    Available Growth Margin
    Building, Structure and Facility
    Commence
    Construction
    Dispersion Enhancement Techniques
    Emission Baseline
    Emission Offset
    Emissions Unit
    Federally Enforceable
    Fugitive Emissions
    Installation
    Lowest Achievable Emission Rate
    Nonattainment Area
    Potential to
    Emit
    Reasonable Further Progress
    Secondary Emissions
    Stationary Source
    Volatile Organic Material
    Public Participation
    Severability
    (Repealed)
    SUBPART B:
    MAJOR STATIONARY
    SOURCES IN
    3
    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
    NONATTAINMENT
    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
    Section
    203.601
    203.602
    203.603
    Lowest Achievable Emission Rate Compliance Requirement
    Emission Offset Maintenance Requirement
    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
    Offsetting 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)
    415
    ILCS 5/9.1,
    10 and 27.
    4
    SOURCE:
    Adopted and codified at
    7 Ill. Reg.
    9344, effective July
    22,
    1983; codified at 7 Iii. 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 R92—21 at
    17 Ill.
    Reg.
    6973, effective April 30,
    1993; amended in R93—9 at
    17 Ill. Reg. 16630, effective September 27,
    1993; amended in R93-
    26 at
    —
    Il..
    Reg.
    ,
    effective
    ______________
    SUBPART
    B:
    MAJOR STATIONARY
    SOURCES IN
    NONATTAINNENT
    AREAS
    Section 203.209
    Significant Emissions Determination
    a)
    A net emission increase in the pollutant emitted is
    significant if the rate of emission is equal to or in
    excess of the following:
    1)
    Carbon monoxide:
    100 tons per year
    (tpy)
    2)
    Nitrogen oxides:
    40 tpy for a nonattainment area
    for nitrogen dioxide and 40 tpy for an ozone
    nonattainment area,
    except as provided in
    subsection
    (b)
    of this Section
    3)
    Sulfur dioxide:
    40 tpy
    4)
    Particulate matter measured as PM-b:
    ~5
    tpy
    5)
    Ozone:
    40 tpy of volatile organic material,except
    as provided in subsection
    (b) of this Section
    6)
    Lead:
    0.6 tpy
    b)
    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
    pollutant from 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
    __________
    5
    IT IS SO
    ORDERED
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above opinion an
    order was
    adopted on the
    /7~
    day of
    __________________
    1994, by a vote of
    /0—0
    .
    (
    ~
    i~—’~DorothyN.
    Gu,r1~, Cler1~
    Illinois Pol~)(tionControl Board

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