ILLINOIS POLLUTION CONTROL BOARD
    March 31, 1994
    IN THE
    MATTER
    OF:
    )
    )
    AMENDMENTS
    TO
    THE
    NEW
    )
    R93-26
    SOURCE
    REVIEW
    RULES
    )
    (Rulemaking)
    35 ILL.
    ADM.
    CODE 203
    )
    AdoDted Rule.
    Final Order.
    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 Register.
    The Board held two hearings
    on this proposal one on December
    8,
    1993, and one on January 27,
    1994.
    The Illinois Environmental Protection Agency
    (Agency) was
    the only participant at those hearings.
    On February
    17,
    1994,
    the Board proceeded to second notice with no substantive changes
    in the proposal.
    On March 22,
    1994,
    the Joint Committee on Administrative
    Rules
    (JCAR)
    voted a certificate of no objection to this
    rulemaking.
    The Board today adopts the rule, which amends
    Section 302.209(a) (4) to read “15 tpy” from “25 tpy” and directs
    the publication of the rule in the Illinois Register.
    BACKGROUND
    On September 23,
    1993, the 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; Mot. 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.
    2
    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 into this docket.
    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
    (BFI)
    (P.C.
    3).
    Other than comments by the Agency, no other
    testimony was presented at the hearings on this rulemaking.
    During first notice there were no suggested amendments from the
    public, the Agency or the Board to this rulemaking.
    On March 22,
    1994, JCAR voted a certification of no objection to this
    rulemaking.
    JCAR made no suggestions for substantive changes
    during second notice.
    The Board finds that the proposal meets
    the requirements of the Act.
    Therefore the Board adopts the
    rule.
    ORDER
    The Board directs the Clerk to cause the filing of the
    following proposal for Final Notice with the Administrative Code
    Division of the Secretary of State’s office and to cause the
    publication in the Illinois Register:
    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
    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
    3
    203.127
    Nonattainment Area
    203.128
    Potential to
    Emit
    203.131
    Reasonable Further Progress
    203.134
    secondary Emissions
    203.136
    Stationary Source
    203.145
    Volatile Organic Material
    203.150
    Public Participation
    203.155
    Severability (Repealed)
    SUBPART B:
    MAJOR STATIONARY
    SOURCES IN
    NONATTAINMENT
    AREAS
    Section
    203.201
    Prohibition
    203.202
    Coordination with Permit Requirement and Application
    Pursuant to 35
    Ill.
    Adin. Code 201
    203.203
    Construction Permit Requirement and Application
    203.204
    Duration of Construction Permit (Repealed)
    203.205
    Effect of Permits
    203.206
    Major Stationary Source
    203.207
    Major Modification of a Source
    203.208
    Net Emission Determination
    203.209
    Significant Emissions Determination
    203.210
    Relaxation of a Source-Specific Limitation
    203.211
    Permit Exemption Based on Fugitive Emissions
    SUBPART
    C:
    REQUIREMENTS
    FOR
    MAJOR
    STATIONARY
    SOURCES
    IN
    NONATTAINNENT
    AREAS
    Section
    203.301
    Lowest
    Achievable
    Emission
    Rate
    203.302
    Maintenance of Reasonable Further Progress and Emission
    Offsets
    203.303
    Baseline and Emission Offsets Determination
    203.304
    Exemptions from Emissions Offset Requirement
    (Repealed)
    203.305
    Compliance by Existing Sources
    203.306
    Analysis of Alternatives
    SUBPART F:
    OPERATION
    OF
    A
    MAJOR
    STATIONARY
    SOURCE
    OR
    MAJOR
    MODIFICATION
    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
    4
    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.
    SOURCE:
    Adopted and codified at 7 Ill. 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 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
    —
    Ill. 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 nonattaininent 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 materialexcept
    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
    5
    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
    __________
    IT IS SO ORDERED
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above opinion and order was
    adopted on the
    _________________
    day of
    ~
    1994, by a vote of
    ~5—c
    ~
    ~
    Dorothy N. ~(inn,Clerk
    Illinois Po4lution Control Board

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