ILLINOIS POLLUTION CONTROL BOARD
    July 22, 1993
    IN THE MATTER OF:
    )
    )
    SMALLER SOURCE PERMIT RULES:
    )
    R93—11
    AMENDMENTS TO 35 ILL. ADM. CODE
    )
    (Rulemaking)
    PARTS 201 AND 211
    )
    Proposed Rule.
    First Notice.
    OPINION AND ORDER OF THE BOARD (by R.C. Flemal):
    This matter comes before the Board upon the April 2, 1993
    filing by the Illinois Environmental Protection Agency (Agency)
    of a proposal for rulemaking. The proposal is intended to
    implement the small—source permit rules of the State’s air
    pollution permit program. The small—source provision is at
    Section 39(a) of the Illinois Environmental Protection Act 415
    ILCS 5/1 et
    seq.
    (Act) as added by P.A. 87—1213’, effective
    September 26, 1992, and currently proposed to be amended in SB
    9522. That provision, with the pending amendment, is as
    follows:
    After January 1, 1994 July 1, 1993, operating permits
    issued under this Section by the Agency for sources of
    air pollution permitted to emit less no morc than 25
    tons per year of any combination of regulated air
    pollutants, as defined in Section 39.5 of this Act,
    shall be required to be renewed only upon written
    request by the Agency consistent with applicable
    provisions of this Act and regulations promulgated
    hereunder. Such operating permits shall expire 180
    days after the date of such a request. The Board shall
    revise its regulations for the existing State air
    pollution operating permit program consistent with this
    provision by January 1. 1994 March 31, 1993.
    The Board’s responsibility in this matter is part of its
    broader responsibilities under the Act. The Board is charged
    under the Act to “determine, define and implement the
    environmental control standards applicable in the State of
    1 P.A. 87-1213, in addition to establishing the small-source
    provision, also established the operating permit program for
    major sources found at Section 39.5 of the Act and required by
    Title V of the Clean Air Act Amendments.
    2 SB 952 passed both houses and was sent to the Governor on
    June 23, 1993.

    —2—
    Illinois”3. More generally, the Board’s rulemaking charge is
    based on the system of checks and balances integral to Illinois
    environmental governance: the Board is responsible for the
    rulemaking and principal adjudicatory functions, whereas the
    Illinois Environmental Protection Agency (Agency) is responsible
    for carrying out the principal administrative duties. The
    latter’s duties include administration of the State’s
    environmental permitting programs, including any modifications to
    the permitting program that may stem from today’s action.
    By today’s action the Board adopts the Agency’s proposal for
    first notice, pursuant to the Illinois Administrative Procedure
    Act.
    PROCEDURAL HISTORY
    Beginning in October 1992 and prior to filing its proposal
    with the Board, the Agency conducted outreach sessions with
    persons potentially affected by the proposed rules. Response
    from these sessions was used by the Agency to help frame the
    proposal before the proposal was submitted to the Board.
    (Statement of Reasons at p. 5—6).
    Hearings were held May 25, 1993 in Chicago and May 26, 1993
    in DeKaib. Participants at the Chicago hearing in addition to
    the Agency included Maribeth Flowers of the City of Chicago,
    Raymond Bodnar of the Illinois State Chamber of Commerce, Victor
    A. Denslow of Chemical Regulations Services, and Mary Ross of the
    Sierra Club.
    The City of Chicago filed a post—hearing public comment on
    July 6, 1993, in which it expressed support for the proposal.
    A post—hearing public comment was also filed by the Agency
    on July 13, 1993, in which the Agency recommended minor
    amendments to its original proposed language based on matters
    raised at hearing, some of which are discussed below. The Board
    accepts these recommendations and today adopts the full amended
    Agency proposal for first notice.
    OVERVIEW
    The purpose of today’s action is to implement the regulatory
    portion of the State’s new small—source air permit program. The
    program provides that a source that emits less than 25 tons per
    year of regulated air contaminants will no longer be subject to
    an automatic five—year renewal cycle for its operating permit.
    ~ Act at Section 5(b).

    —3—
    Rather, such permits may be of unlimited duration, subject only
    to review upon cause.
    Today’s provisions implementing the small—source air permit
    program are proposed to be located at Subpart E4 of 35 Ill. Adin.
    Code 201. For purpose of discussion, these provisions are
    accordingly in short-form today identified as the “Subpart E
    provisions”.
    The Agency estimates that approximately 6000 air emission
    sources are eligible under the Subpart E provisions. (Tr. at
    51.) All of these currently hold permits for which renewal must
    be made on no less than a five—year cycle. (Tr. at 52.) This
    automatic renewal process constitutes a time, expense, and
    paperwork burden for both the affected sources and the Agency.
    Elimination of the automatic need for renewal will therefore
    provide an economy for all concerned.
    The economy generated by the Subpart E provisions will not
    be offset by a crucial loss of oversight. All other existing
    rules that pertain to operating permits other than the duration
    and renewal provisions will continue to apply to all small
    sources5 among such continuing provisions are annual reporting
    requirements. Additionally, all requirements for construction
    permits will remain in place6. Moreover, the statute and
    Subpart E provide that the Agency can require an affected source
    to seek renewal of its operating permit, and exercise oversight
    thereby.
    DISCUSSION
    25-ton Limit
    These proposed rules, by statute (see above), apply to
    sources where the amount of emissions the source is permitted to
    emit is less than twenty-five (25) tons per year (TPY) of
    regulated air pollutants.
    Subpart E previously had been held in reserve for
    provisions dealing with conditions attached to permits. There is
    no longer any need seen for holding the subpart in reserve, and
    accordingly its use is proposed to be given over to today’s new
    rules.
    ~ See proposed Section 201.180(d).
    6 See proposed Section 201.180(c). Note also that a
    corollary to the obligation to obtain a construction permit is
    the obligation to obtain a revised operating permit that covers
    the new equipment (see proposed Section 201.187).

    —4—
    Historically in the Illinois air permitting process the
    emissions that a source is “permitted to emit” is the amount of
    emissions that a source is authorized to emit as specified by a
    permit, including any allowance for excess emissions during
    startup, but not including excess emissions during malfunction or
    breakdown. If the permit for the source does not contain an
    emission limit, then the source’s permitted emissions are
    considered to be its potential to emit.
    If a source does not wish to be constrained to the 25 TPY
    limit, it would remain eligible for the standard air operating
    permit with a maximum term of five years.
    Regulated Air Pollutant
    The term “regulated air pollutant” is defined at Section
    39.5 of the Act. The Agency observes with respect to “regulated
    air pollutants”, as a practical matter, that in implementing the
    proposed rule it will address the “five historic criteria air
    contaminants, i.e., particulate matter, sulfur dioxide, nitrogen
    oxide, volatile organic material/organic material and carbon
    monoxide” (Exh. 1 at 8). The Agency in its post-hearing comments
    further states that:
    The current definition of regulated air pollutant
    under Section 39.5 of the Act was intended to apply to
    sources required to obtain permits under Title V of the
    Clean Air Act and includes air pollutants for which the
    Board has no emission standards. It would be
    inappropriate to include in a calculation of
    eligibility for a Smaller Source Permit emissions from
    air pollutants for which the State has no emission
    standards. Therefore, the definition of regulated air
    pollutant for purposes of the Smaller Source rules
    should include the same pollutants as are presently
    included under the State program. (PC #2 at ¶4.)
    The Agency now recommends amending Part 211 in this proceeding to
    include the definition of regulated air pollutant from Section
    39.5 of the Act at new Section 211.5500, with appropriate changes
    pertaining to smaller sources, and to add a reference to the
    definition where the term “regulated air pollutant” is.used in
    Section 201.180(a). The definition is today proposed as follows:
    (a) “Regulated air pollutant” means the following:
    (1) Nitrogen oxides (NOr) or any volatile organic
    compound.
    (2) Any pollutant for which a national ambient air
    quality standard has been promulgated.

    —5—
    (3) Any pollutant that is subject to any standard
    promulgated under Section 111 of the Clean Air
    Act.
    (4) Any Class I or II substance subject to a standard
    promulgated under Section 112 of the Clean Air
    Act, including Sections 112(g),
    (j)
    and (r).
    (I) Any pollutant subject to requirements under
    Section 112(j) of the Clean Air Act. Any
    pollutant listed under Section 112(b) shall
    be considered to be regulated 18 months after
    the date on which United States Environmental
    Protection Agency
    (“USEPA”)
    was required to
    promulgate an applicable standard pursant to
    Section 112(e) of the Clean Air Act, if USEPA
    fails to promulgate such standard.
    (ii) Any pollutant for which the requirements of
    Section 112(g) (2) of the Clean Air Act have
    been met, but only with respect to the
    individual source subject to Section
    112(g) (2) requirement.
    (b) “Regulated air pollutant” shall, for the purposes of 35
    Ill. Adm. Code 201.180(a), mean any air contaminant as
    to which this Subtitle contains emission standards or
    other specific limitations and any contaminant
    regulated in Illinois pursuant to Section 9.1 of the
    Act.
    CAAPP Exception
    Neither the Section 39 statutory small-source provision nor
    today’s proposed implementation in the Subpart E provisions apply
    to a source that is required to obtain a Clean Air Act Permit
    Program (CAAPP) permit under Section 39.5 of the Act7. An
    example would be a source that, although it emits less than 25
    TPY total, emits more than 10 TPY of a hazardous air pollutant
    and is thereby a “major source” pursuant to Section 39.5.
    Permit Termination
    The statute and Subpart E provide that the Agency may cause
    a Subpart E permit to terminate by exercising its authority to
    have the permittee submit a renewal application. A permit for
    which renewal has been requested by the Agency expires 180 days
    ~‘
    See proposed Section 201.180(a) (2)

    —6—
    after the Agency sends its renewal notice8. If the permittee in
    turn submits a renewal application at least 90 days prior to
    expiration, Section 9.1(f) of the Act provides that the terms and
    conditions of the old permit remain in effect until the final
    administrative action on the application has been taken,
    including any appeals to this Board.
    A Subpart E permit also terminates if it is withdrawn upon
    written request by the permittee or is superseded by a revised
    permit issued for the source9.
    Grounds for Agency Request of Renewal
    Although the small-source permit enabling legislation at
    Section 39 of the Act clearly gives the Agency broad authority to
    request permit renewal, that authority is explicitly limited to
    be “consistent with applicable provisions of this Act and
    regulations promulgated” thereunder. As the Agency itself
    observes, it “cannot arbitrarily request that a smaller source
    operating permit be renewed” (Statement of Reasons at p. 3).
    At the Agency request, the Board is today including in the
    proposed rules three examples of conditions under which a renewal
    request explicitly may be made. These are a change in law
    applicable to the source, inaccuracy in the information upon
    which the permit was granted, and information that the source may
    not be in compliance with the Act, Board regulations, or an
    existing permit condition10.
    In other respects the renewal procedures for Subpart E
    sources will continue to be governed by the existing rules for
    air permit processing, including the permit application and
    review process rules found at Subpart D of 35 Ill. Adm. Code 201
    and the revocation and revisions rules found at Subpart F of 35
    Ill. Adm. Code 201.
    Appeal Rights
    Today’s proposal is intended to comport with the standard
    provisions regarding appeal of permit decisions that are
    articulated at Section 40 of the Act. Among the central
    provisions found there is the statement at 40(a) (1) that:
    8 Section 39 of the Act and proposed 35 Ill. Adm. Code
    201.181(a).
    ~ Ibid.
    10 See proposed Section 201.181(b).

    —7—
    If the Agency refuses to grant or grants with
    conditions a permit under Section 39 of this Act, the
    applicant may, within 35 days, petition for hearing
    before the Board to contest the decision of the Agency.
    In general the Board will entertain review of an Agency action
    only when that action isa final action, complete as regards
    Agency decision in all respects except for consequences that flow
    from exercise of appeal rights. In the instant context, an
    appeal to the Board will not be ripe until the Agency has taken
    final action by (a) denying a permit outright, (b) denying a
    permit based on a determination of insufficiency of information
    in the application or failure of the a?plicant to supplement the
    application as requested by the Agency
    ,
    or (c) issuing a
    permit with conditions12. The Agency provided some clarifying
    language for Section 201.181(d) via its post-hearing comment.
    That language which includes reference to Section 40 of the Act
    is made part of today’s order.
    An Agency notice that renewal is required is by itself not a
    final Agency action, and will not be entertained by the Board as
    a basis for appeal until the Agency has taken one of the final
    actions listed above.
    Permittee’s Obligation to Obtain a Revised Permit
    Today’s proposal imposes an affirmative obligation upon a
    permittee to obtain a new or revised permit if operations change
    at the source13. This obligation must be discharged prior to
    the occurrence of the changes. Events considered to be “changes”
    in this context are:
    1) An increase in emissions above the amount the
    source is permitted to emit; or
    2) A modification; or
    3) A change in operations which will result in the
    source’s noncompliance with a condition in the
    existing permit; or
    4) A change in ownership, company name, or address,
    so that the application or existing permit is no
    longer accurate.
    11 See proposed Section 201.181(c).
    12 See proposed Section 201.181(d).
    13 See proposed Section 201.187.

    —8—
    The term “modification” listed above is a term—of—art used in the
    State’s air program relating to alteration in the nature of air
    emissions; “modification” is defined at 35 Ill. Adm. Code
    201.102.
    If a person fails to apply for a new permit where a change
    requires obtaining a revised permit, the source and the permittee
    remain subject to the conditions of the existing Subpart E
    permit. However, the permittee is in violation of the obligation
    to have a new or revised permit and thereby open to an
    enforcement action.
    ORDER
    The Board hereby adopts for first notice the following
    additions and amendments to 35 Ill. Adin. Code Part 201 and 211.
    The Clerk of the Board is directed to file these proposed rules
    with the Secretary of State.

    —9—
    TITLE 35: ENVIRONMENTAL PROTECTION
    SUBTITLE B: AIR POLLUTION
    CHAPTER I: POLLUTION CONTROL BOARD
    SUBCHAPTER
    a: PERMITS AND
    GENERAL PROVISIONS
    PART 201
    PERMITS AND GENERAL PROVISIONS
    SUBPART A: DEFINITIONS
    Section
    201.101 Other Definitions
    201.102 Definitions
    201.103 Abbreviations and Units
    201.104 Incorporations by Reference
    SUBPART B: GENERAL PROVISIONS
    Section
    201.121 Existence of Permit No Defense
    201.122 Proof of Emissions
    201.123 Burden of Persuasion Regarding Exceptions
    201.124 Annual Report
    201.125 Severability
    201.126 Repealer
    SUBPART C: PROHIBITIONS
    Section
    201.141 Prohibition of Air Pollution
    201.142 Construction Permit Required
    201.143 Operating Permits for New Sources
    201.144 Operating Permits for Existing Sources
    201.146 Exemptions from Permit Requirement
    201.147 Former Permits
    201.148 Operation Without Compliance Program and Project
    Completion Schedule
    201.149 Operation During Malfunction, Breakdown or Startups
    201.150 Circumvention
    201.151 Design of Effluent Exhaust Systems
    SUBPART D: PERMIT APPLICATIONS AND REVIEW
    PROCESS
    Section
    201.152 Contents of Application for Construction Permit
    201.153 Incomplete Applications
    201. 154 Signatures
    201.155 Standards for Issuance
    201. 156 Conditions

    —10—
    201.157 Contents of Application for Operating Permit
    201.158 Incomplete Applications
    201. 159 Signatures
    201.160 Standards for Issuance
    201. 161 Conditions
    201.162 Duration
    201.163 Joint Construction and Operating Permits
    201.164 Design Criteria
    201.165 Hearings
    SUBPART E: CONDITIONS OF PERMITS
    (Rcocrved)
    SPECIAL PROVISIONS FOR OPERATING
    PERMITS FOR CERTAIN SMALLER SOURCES
    Section
    201.180 Applicability
    201.181 Expiration and Renewal
    201.187 Requirement for a Revised Permit
    SUBPART F: RENEWAL, REVOCATION, REVISION
    AND APPEAL
    Section
    201.207 Revocation
    201.209 Revisions to Permits
    201.210 Appeals from Conditions
    SUBPART G: EXPERIMENTAL PERMITS
    (Reserved)
    SUBPART H: COMPLIANCE PROGRAMS AND
    PROJECT COMPLETION SCHEDULES
    Section
    201.241 Contents of Compliance Program
    201.242 Contents of Project Completion Schedule
    201.243 Standards for Approval
    201.244 Revisions
    201.245 Effects of Approval
    201.246 Records and Reports
    201.247 Submission and Approval Dates
    SUBPART I: MALFUNCTIONS, BREAKDOWNS
    OR STARTUPS
    Section
    201.261 Contents of Request for Permission to Operate During a
    Malfunction, Breakdown or Startup
    201.262 Standards for Granting Permission to Operate During a
    Malfunction, Breakdown or Startup

    —11—
    201.263 Records and Reports
    201.264 Continued Operation or Startup Prior to Granting of
    Operating Permit
    201.265 Effect of Granting of Permission to Operate During a
    Malfunction, Breakdown or Startup
    SUBPART J: MONITORING AND TESTING
    Section
    201.281 Permit Monitoring Equipment Requirements
    201.282 Testing
    201.283 Records and Reports
    SUBPART K: RECORDS AND REPORTS
    Section
    201.301 Records
    201.302 Reports
    SUBPART L: CONTINUOUS MONITORING
    Section
    201.401 Continuous Monitoring Requirements
    201.402 Alternative Monitoring
    201.403 Exempt Sources
    201.404 Monitoring System Malfunction
    201.405 Excess Emission Reporting
    201.406 Data Reduction
    201.407 Retention of Information
    201.408 Compliance Schedules
    Appendix A
    Rule into Section Table
    Appendix B
    Section into Rule Table
    Appendix C
    Past Compliance Dates
    AUTHORITY: Implementing Section,~10 and 39 and authorized by
    Section 27 of the Environmental Protection Act (Ill. Rev. Stat.
    1991, ch. 111 1/2, pars. 1010~an~1027, and 1039) 415 ILCS
    5/10, 27, and 39.
    SOURCE: Adopted as Chapter 2: Air Pollution, Part I: General
    Provisions, in R71-23, 4 PCB 191, filed and effective April 14,
    1972; amended in R78—3 and 4, 35 PCB 75 and 243, at 3 Ill.
    Reg.30, p. 124, effective July 28, 1979; amended in R80—5, at 7
    Ill. Reg. 1244, effective January 21, 1983; codified at 7 Ill.
    Reg. 13579; amended in R82-1 (Docket A) at 10 Ill. Reg. 12628,
    effective July 7, 1986; amended in R87—38 at 13 Ill. Reg. 2066,
    effective February 3, 1989; amended in R89-7(A) at 13 Ill. Reg.
    19444, effective December 5, 1989; amended in R89—7(B) at 15 Ill.
    Reg. 17710, effective November 26, 1991; amended in R93—1l at 17
    Ill. Reg.
    _______ ,
    effective ______________________

    —12—
    SUBPART D: PERMIT APPLICATIONS
    AND REVIEW PROCESS
    Section 201.162
    Duration
    No operating permit shall be valid longer than five years or such
    shorter period as the Agency may specify in the operating permit
    as necessary to accomplish the purposes of the Act and this
    Chapter unless the source is subiect to Subpart E of this Part.
    Applications for renewal of an operating permit shall be
    submitted to the Agency at least 90 days prior to the expiration
    of the prior permit, and shall conform to Sections 201.157,
    201.158 and 201.159. The standards for issuance of renewal ~j
    operating permits shall be as set forth in Section 201.160.
    (Source: Amended at 17 Ill. Reg.
    ______,
    effective
    Section 201.163
    Joint Construction and Operating Permits
    In cases where the Agency determines that an emission source or
    air pollution control equipment is sufficiently standard so as to
    obviate the need for separate construction and operating permits,
    the Agency may issue a joint construction and operating permit.
    The Agency may adopt procedures which: set forth the
    circumstances under which joint construction and operating
    permits may be issued; require data and information designed to
    determine compliance with this Chapter, and ambient air quality
    standards; and which set forth the format by which all data and
    information shall be submitted. The standards for issuance of
    joint construction and operating permits shall be as set forth in
    Sections 201.155 and 201.160. Except as herein provided, nothing
    in this Chapter shall be deemed to limit the power of the Agency
    in this regard. No joint construction and operating permit shall
    be valid for longer than five years or such shorter period as the
    Agency may specify the joint construction and operating permit as
    necessary to accomplish the purposes of this Chapter unless the
    source is subject to Subpart E of this Part. Applications for
    renewal of a permit shall be submitted to the Agency at least 90
    days prior to the expiration of the prior permit, and shall
    conform to such procedures as may have been adopted by the
    Agency; and the standards for issuance of renewal permits shall
    be as set forth in Sections 201.155 and 201.160. The term
    “operating permit” as used elsewhere in this Chapter shall be
    deemed to include a joint construction and operating permit.
    (Source: Amended at 17 Ill. Reg.
    _____,
    effective
    SUBPART E: CONDITIONS OF PERMITS
    SPECIAL PROVISIONS FOR OPERATING PERMITS FOR

    —13—
    CERTAIN SMALLER SOURCES
    Rc~crvcd
    Section 201.180
    Applicability
    ~j. Persons required to obtain operating permits under Part 201
    are sublect to this Subpart if:
    fl
    The total emissions of all regulated air pollutants, as
    defined by 35 Ill. Adin. Code 211.5500(b), that the
    source is permitted to emit on an annual basis are less
    than 25 tons; and
    21
    The source is not sub-i ect to the operating permit
    requirements under Section 39.5 of the Act.
    ~1
    This Subpart only applies to sources which meet the
    requirements of subsection (a) above and whose permit has
    not expired pursuant to a renewal request under Section
    201.181(a) of this Part. If this Subpart no longer applies
    to a source and its permit has not expired pursuant to a
    renewal request under Section 201.181(a) of this Subpart,
    the terms and conditions of the permit shall remain in
    effect until the permit is superseded by a new or revised
    permit or it is withdrawn.
    çj~. Nothing in this Subpart shall be construed as exempting
    p~rsons with permits issued pursuant to this Subpart from
    the requirements of Section 201.142 of this Part requiring a
    construction permit or from review under Part 203 procedures
    for new and modified emission units.
    ~ Unless specifically stated otherwise in this Subpart, all
    rules in this Part apply.
    (Source: Added at 17 Ill. Reg.
    _____,
    effective
    ____________________________________________________________
    )
    Section 201.181
    Expiration and Renewal
    ~j Notwithstanding Section 201.162 of this Part, an operating
    p~rmitsubject to this Subpart shall expire 180 days after
    the Agency sends a written request for renewal of the
    permit. A permit shall also terminate if it is withdrawn
    upon written request by the perinittee or is superseded by a
    revised permit issued for the source.
    ~j The Agency may request the renewal of an operating permit
    sublect to this Subpart for reasons including, but not
    limited to, a change in the requirements applicable to the
    source; an indication that the information on the source’s
    application is inaccurate; or information that the source

    —14—
    may not be in compliance with the Act, a Board regulation or
    an existing permit condition.
    gj In its request for renewal pursuant to subsection (a) above,
    the Agency may include a request for any supplemental
    information that the Agency may need to determine the
    continued applicability of this Subpart or the ability of
    the source to comply with any applicable requirement.
    ~ An owner or operator may appeal to the Board only a final
    determination by the Agency to deny a permit or to include
    conditions as provided by Section 40 of the Act and Section
    201.210 of this Part, or a determination that a permit
    application is incomplete based upon, but not limited to, a
    failure to submit information requested under subsection (C)
    above or Section 201.158 of this Part.
    (Source: Added at 17 Ill. Reg.
    _____,
    effective
    Section 201.187
    Requirement for a Revised Permit
    ~ Persons with operating permits subiect to this Subpart must
    obtain a revised permit prior to any of the following
    changes at the source:
    jj An increase in emissions above the amount the emission
    unit or the source is permitted to emit; or
    21
    A modification; or
    ~j A change in operations which will result in the
    source’s noncompliance with a condition in the existing
    permit; or
    4j A change in ownership, company name, or address, so
    that the application or existing permit is no longer
    accurate.
    ~j If changes in the source’s emission units or control
    equipment remove a source from the applicability of this
    Subpart, an owner or operator shall apply for a revised
    permit under Subpart D of this Part or under Section 39.5 of
    the Act.
    (Source: Added at 17 Ill. Reg.
    _____ ,
    effective
    )

    —15—
    TITLE 35: ENVIRONMENTAL PROTECTION
    SUBTITLE B: AIR POLLUTION
    CHAPTER I: POLLUTION CONTROL BOARD
    SUBCHAPTER c: EMISSION STANDARDS AND LIMITATIONS
    FOR STATIONARY SOURCES
    PART 211
    DEFINITIONS AND GENERAL PROVISIONS
    SUBPART A: GENERAL PROVISIONS
    Section
    211.101 Incorporations by Reference
    211.102 Abbreviations and Units
    SUBPART B: DEFINITIONS
    Section
    211.121 Other Definitions
    211.122 Definitions (Repealed)
    211.130 Accelacota
    211.150 Accumulator
    211.170 Acid Gases
    211.210 Actual Heat Input
    211.230 Adhesive
    211.250 Aeration
    211.290 Afterburner
    211.310 Air Contaminant
    211.330 Air Dried Coatings
    211.350 Air Oxidation Process
    211.370 Air Pollutant
    211.390 Air Pollution
    211.410 Air Pollution Control Equipment
    211.430 Air Suspension Coater/Dryer
    211.450 Airless Spray
    211.470 Air Assisted Airless Spray
    211.490 Annual Grain Through-Put
    211.510 Application Area
    211.530 Architectural Coating
    211.550 As Applied
    211.570 Asphalt
    211.590 Asphalt Prime Coat
    211.610 Automobile
    211.630 Automobile or Light—Duty Truck Assembly Source or
    Automobile or Light-Duty Truck Manufacturing Plant
    211.650 Automobile or Light—Duty Truck Refinishing
    211.670 Baked Coatings
    211.690 Batch Loading
    211. 710 Bead-Dipping
    211.730 Binders
    211.750 British Thermal Unit
    211.770 Brush or Wipe Coating

    —16—
    2 11. 790
    2 11. 810
    2 11. 830
    2 11. 850
    211. 870
    211. 890
    211.910
    211. 930
    211.950
    211.970
    211.990
    211.1010
    211. 1050
    211. 1090
    211.1110
    211.1130
    211. 1150
    211. 1170
    211.1190
    211.1210
    211. 1230
    211. 1250
    211.1270
    211. 1290
    211. 1310
    211. 1330
    211. 1350
    211. 1370
    211. 1390
    211. 1410
    211. 1430
    211. 1470
    211.1490
    211.1510
    211. 1530
    211.1550
    211.1570
    211.1590
    211.1610
    211. 1630
    211.1650
    211. 1670
    211. 1690
    211. 1710
    211. 1730
    211. 1750
    211. 1770
    211.1790
    211. 1810
    211. 1830
    211.1850
    211.1870
    Bulk Gasoline Plant
    Bulk Gasoline Terminal
    Can
    Can Coating
    Can Coating Line
    Capture
    Capture Device
    Capture Efficiency
    Capture System
    Certified Investigation
    Choke Loading
    Clean Air Act
    Cleaning and Separating Operation
    Clear Coating
    Clear Topcoat
    Closed Purge System
    Closed Vent System
    Coal Refuse
    Coating
    Coating Applicator
    Coating Line
    Coating Plant
    Coil Coating
    Coil Coating Line
    Cold Cleaning
    Complete Combustion
    Component
    Concrete Curing Compounds
    Concentrated Nitric Acid Manufacturing Process
    Condensate
    Condensible PM-b
    Continuous Process
    Control Device
    Control Device Efficiency
    Conventional Soybean Crushing Source
    Conveyorized Degreasing
    Crude Oil
    Crude Oil Gathering
    Crushing
    Custody Transfer
    Cutback Asphalt
    Daily-Weighted Average VOM Content
    Decireaser
    Delivery Vessel
    Dip Coating
    Distillate Fuel Oil
    Drum
    Dry Cleaning Operation or Dry Cleaning Facility
    Dump-Pit Area
    Effective Grate Area
    Effluent Water Separator

    —17—
    211.1890 Electrostatic Bell or Disc Spray
    211.1910 Electrostatic Spray
    211.1930 Emission Rate
    211.1950 Emission Unit
    211.1970 Enamel
    211.1990 Enclose
    211.2010 End Sealing Compound Coat
    211.2050 Ethanol Blend Gasoline
    211.2070 Excess Air
    211.2090 Excessive Release
    211.2110 Existing Grain-Drying Operation
    211.2130 Existing Grain—Handlinci Operation
    211.2150 Exterior Base Coat
    211.2170 Exterior End Coat
    211.2190 External Floating Roof
    211.2210 Extreme Performance Coating
    211.2230 Fabric Coating
    211.2250 Fabric Coating Line
    211.2270 Federally Enforceable Limitations and Conditions
    211.2310 Final Repair Coat
    211.2330 Firebox
    211.2350 Fixed—Roof Tank
    211.2370 Flexographic Printing
    211.2390 Flexographic Printing Line
    211.2410 Floating Roof
    211.2430 Fountain Solution
    211.2450 Freeboard Height
    211.2470 Fuel Combustion Emission Unit or Fuel Combustion
    Emission Source
    211.2490 Fugitive Particulate Matter
    211.2510 Full Operating Flowrate
    211.2530 Gas Service
    211.2550 Gas/Gas Method
    211.2570 Gasoline
    211.2590 Gasoline Dispensing Operation or Gasoline Dispensing
    Facility
    211.2650 Grain
    211.2670 Q~in-Drying Operation
    211.2690 Grain-Handling and Conditioning Operation
    211.2710 QL~in-HandbingOperation
    211.2730 Green-Tire Spraying
    211.2750 Green Tires
    211.2770 Gross Heating Value
    211.2790 Gross Vehicle Weight Rating
    211.2810 Heated Airless Spray
    211.2830 Heatset
    211.2850 Heatset-Web-Offset Lithographic Printing Line
    211.2870 Heavy Liquid
    211.2890 Heavy Metals
    211.2910 Heavy Off-Highway Vehicle Products
    211.2930 Heavy Off-Highway Vehicle Products Coating
    211.2950 Heavy Off-Highway Vehicle Products Coating Line

    —18—
    High Temperature Aluminum Coating
    High Volume Low Pressure (HVLP) SPray
    Hood
    Hot Well
    Housekeeping Practices
    In—Process Tank
    In-Situ Sampling Systems
    Incinerator
    Indirect Heat Transfer
    •Interior Body Spray Coat
    Internal-Floating Roof
    Internal Transferring Area
    Lacauers
    Large Appliance
    Large Appliance Coating
    Large Appliance Coating Line
    ~ight Liquid
    ~ight-Duty Truck
    Light Oil
    Liquid/Gas Method
    Liquid-Mounted Seal
    Liquid Service
    Liquids Dripping
    Lithographic Printing Line
    Load-Out Area
    Low Solvent Coating
    Magnet Wire
    Magnet Wire Coating
    Magnet Wire Coating Line
    Malor Dump Pit
    Major Metropolitan Area (MMAJ
    Ma-ior Population Area (MPA)
    Manufacturing Process
    Marine Terminal
    Material Recovery Section
    Maximum Theoretical Emissions
    Metal Furniture
    Metal Furniture Coating
    Metal Furniture Coating Line
    _____lic_Shoe-Tv~e Seal
    ~Janeous Fabricated Product Manufacturing Process
    1~laneous Formulation Manufacturing Process
    Laneous Metal Parts and Products
    Niscellaneous Metal Parts and Products Coating
    ~_~~)aneous Metal Parts or Products Coating Line
    Miscellaneous Organic Chemical Manufacturing Process
    Mixing Operation
    Monitor
    Multiple Package Coating
    L
    L
    211.2970
    211.2990
    211.3010
    211.3030
    211.3050
    211. 3070
    211.3090
    211.3110
    211. 3130
    211. 3150
    211.3170
    211.3190
    211. 3210
    211.3230
    211.3250
    211.3270
    211.3290
    211. 3310
    211.3330
    211.3350
    211.3370
    211.3390
    211.3410
    211.3430
    211.3450
    211.3470
    211.3490
    211.3510
    211.3530
    211.3550
    211.3570
    211.3590
    211.3610
    211.3630
    211.3650
    211.3670
    211.3690
    211.3710
    211.3730
    211.3750
    211.3770
    211.3790
    211.3810
    211.3830
    211.3850
    211.3870
    211.3890
    211.3910
    211.3930
    211.3970
    211.3990
    211.4010
    Metal~
    Misc~1
    Misce
    Misce
    Misc~
    New Grain-Drying Operation
    New Grain-Handling Operation

    —19—
    211.4030
    211.4050
    211.4070
    211.4090
    211.4110
    211.4130
    211.4150
    211.4170
    211.4190
    211.4210
    211.4230
    211.4250
    211.4270
    211.4290
    211.4310
    211.4330
    211.4350
    211.4370
    211.4390
    211.4410
    211.4430
    211.4450
    211.4470
    211.4490
    211. 4510
    211.4530
    211.4550
    211.4590
    211.4610
    211.4630
    211.4650
    211.4670
    211.4690
    211.4710
    211.4730
    211.4750
    211.4770
    211.4790
    211.4810
    211.4870
    211.4890
    211.4910
    211.4930
    211.4950
    211.4990
    211.5030
    211.5050
    211 .5070
    No Detectable Volatile Organic Material Emissions
    Non—contact Process Water Cooling Tower
    Offset
    One Hundred Percent Acid
    One—Turn Storage Space
    Opacity
    Opaque Stains
    ~pen To~Vapor Degreasing
    Open-Ended Valve
    Operator of a Gasoline Dispensing Operation or Operator
    of a Gasoline Dispensing Facility
    Organic Compound
    Organic Material and Organic Materials
    Organic Vapor
    Oven
    Overall Control
    Overvarni sh
    Owner of a Gasoline Dispensing Operation or Owner of a
    Gasoline Dispensing Facility
    Owner or Operator
    Packaging Rotogravure Printing
    Packaging Rotogravure Printing Line
    Pail
    Paint Manufacturing Source or Paint Manufacturing Plant
    Paper Coating
    Paper Coating Line
    Particulate Matter
    Parts Per Million (Volume) or PPM (Vol)
    Person
    Petroleum
    Petroleum Liquid
    Petroleum Refinery
    Pharmaceutical
    Pharmaceutical Coating Operation
    Photochemically Reactive Material
    Pigmented Coatings
    Plant
    Plasticizers
    PM-b
    Pneumatic Rubber Tire Manufacture
    Polybasic Organic Acid Partial Oxidation Manufacturing
    Process
    Polystyrene Plant
    Polystyrene Resin
    Portable Grain-Handling Equipment
    Portland Cement Manufacturing Process Emission Source
    Portland Cement Process or Portland Cement
    Manufacturing Plant
    Power Driven Fastener Coating
    Pressure Release
    Pressure Tank
    Prime Coat

    —20—
    211.5090
    211.5110
    211.5130
    211.5150
    211.5170
    211.5185
    211.5190
    211.5210
    211.5230
    211.5250
    211.5270
    211.5310
    211.5330
    211.5350
    211.5370
    211.5410
    211.5430
    211.5450
    211.5470
    211.5490
    211. 5500
    211. 5510
    211.5550
    211.5570
    211.5590
    211.5610
    211.5630
    211.5650
    211.5670
    211.5690
    211. 5710
    211.5730
    211.5750
    211.5770
    211.5790
    211.5810
    211.5830
    211.5850
    211.5870
    211.5890
    211.5910
    211.5930
    211.5950
    211.5970
    211.5990
    211.6010
    211.6030
    211.6050
    211.6070
    211.6090
    211. 6130
    211. 6150
    Primer Surfacer Coat
    Primer Surfacer Operation
    Primers
    Printing
    Printing Line
    Process Emission Source
    Process Emission Unit
    Process Unit
    Process Unit Shutdown
    Process Weight Rate
    Production Equipment Exhaust System
    Publication Rotogravure Printing Line
    Purged Process Fluid
    Reactor
    Reasonably Available Control Technology (RACT)
    Refiner
    Refinery Fuel Gas
    Refinery Fuel Gas System
    Refinery Unit or Refinery Process Unit
    Refrigerated Condenser
    Regulated Air Pollutant
    Reid Vapor Pressure
    Repair Coat
    Repaired
    Residual Fuel Oil
    Restricted Area
    Retail Outlet
    Ringelmann Chart
    Roadway
    Roll Coater
    Roll Coating
    Roll Printer
    Roll Printing
    Rotogravure Printing
    Rotogravure Printing Line
    Safety Relief Valve
    Sandblasting
    Sanding Sealers
    Screening
    Sealer
    Semi-Transparent Stains
    Sensor
    Set of Safety Relief Valves
    Sheet Basecoat
    Shotblasting
    Side—Seam Spray Coat
    Smoke
    Smokeless Flare
    Solvent
    Solvent Cleaning
    Source
    Specialty High Gloss Catalyzed Coating

    —21—
    211.6190
    211.6210
    211.6230
    211.6270
    211.6290
    211. 6310
    211.6330
    211.6350
    211.6370
    211.6390
    211. 6410
    211.6430
    211.6450
    211.6470
    211.6490
    211.6510
    211.6530
    211.6550
    211.6570
    211.6590
    211. 6610
    211.6670
    211.6690
    211.6730
    211.6750
    211.6770
    211.6790
    211.6810
    211.6850
    211.6870
    211.6890
    211.6910
    211.6930
    211.6950
    211.6970
    211. 6990
    211.7010
    211.7030
    211.7070
    211.7090
    211.7110
    211.7130
    211.7150
    211.7170
    211.7190
    211.7210
    211.7230
    211.7250
    211.7270
    211.7290
    Specialty Soybean Crushing Source
    Splash Loading
    Stack
    Standard Conditions
    Standard Cubic Foot (scf)
    Start-Up
    Stationary Emission Source
    Stationary Emission Unit
    Stationary Source
    Stationary Storage Tank
    Storage Tank or Storage Vessel
    Styrene Devolatilizer Unit
    Styrene Recovery Unit
    Submerged Loading Pipe
    Substrate
    Sulfuric Acid Mist
    Surface Condenser
    Synthetic Organic Chemical or Polymer Manufacturing
    Plant
    Tablet Coating Operation
    Thirty-Day Rolling Average
    Three—Piece Can
    Topcoat
    Topcoat Operation
    Transfer Efficiency
    Tread End Cementing
    True Vapor Pressure
    Turnaround
    Two—Piece Can
    Undertread Cementing
    Unregulated Safety Relief Valve
    Vacuum Producing System
    Vacuum Service
    Valves Not Externally Regulated
    Vapor Balance System
    Vapor Collection System
    Vapor Control System
    Vapor-Mounted Primary Seal
    Vapor Recovery System
    Vinyl Coating
    Vinyl Coating Line
    Volatile Organic Liquid (VOL)
    Volatile Organic Material Content (VONC)
    Volatile Organic Material (VOM) or Volatile Organic
    Compound (VOC)
    Volatile Petroleum Liquid
    Wash Coat
    Wastewater (Oil/Water) Separator
    Weak Nitric Acid Manufacturing Process
    Web
    Wholesale Purchase
    -
    Consumer
    Wood Furniture

    —22—
    211.7310 Wood Furniture Coating
    211.7330 Wood Furniture Coating Line
    211.7350 Woodworking
    Section 211.AppcndixPPENDIX A Rule into Section Table
    Section 211.AppcndiXPPENDIX B Section into Rule Table
    AUTHORITY: Implementing Sections 9 and 10 and authorized by
    Section 27 and 28.5 of the Environmental Protection Act (Ill.
    Rev. Stat. 1991, ch. 111½, pars. 1009, 1010 and 1027), (P.A. 87—
    1213, effective September 26, 1992) (415 ILCS 5/9, 10, 27 and
    28.5).
    SOURCE: Adopted as Chapter 2: Air Pollution, Rule 201:
    Definitions, R71—23, 4 PCB 191, filed and effective April 14,
    1972; amended in R74-2 and R75—5, 32 PCB 295, at 3 Ill. Reg. 5,
    p. 777, effective February 3, 1979; amended in R78—3 and 4, 35
    PCB 75 and 243, at 3 Ill. Reg. 30, p. 124, effective July 28,~
    1979; amended in R80—5, at 7 Ill. Reg. 1244, effective January
    21, 1983; codified at 7 Ill. Reg. 13590; amended in R82—l (Docket
    A) at 10 Ill. Reg. 12624, effective July 7, 1986; amended in
    R85—2l(A) at 11 Ill. Reg. 11747, effective June 29, 1987; amended
    in R86—34 at 11 Ill. Reg. 12267, effective July 10, 1987; amended
    in R86—39 at 11 Ill. Reg. 20804, effective December 14, 1987;
    amended in R82—14 and R86—37 at 12 Ill. Reg. 787, effective
    December 24, 1987; amended in R86—18 at 12 Ill. Reg. 7284,
    effective April 8, 1988; amended in R86—10 at 12 Ill Reg. 7621,
    effective April 11, 1988; amended in R88—23 at 13 Ill. Reg.
    10862, effective June 27, 1989; amended in R89—8 at 13 Ill. Reg.
    17457, effective January 1, 1990; amended in R89—16(A) at 14 Ill.
    Reg. 9141, effective May 23, 1990; amended in R88—30(B) at 15
    Ill. Reg. 5223, effective March 28, 1991; amended in R88—l4 at 15
    Ill. Reg. 7901, effective May 14, 1991; amended in R91—10 at 15
    Ill. Reg. 15564, effective October 11, 1991; amended in R91—6 at
    15 Ill. Reg. 15673, effective October 14, 1991; amended in R91—22
    at 16 Ill. Reg. 7656, effective May 1, 1992; amended in R91—24 at
    16 Ill. Reg. 13526, effective August 24, 1992; amended in R93—11
    at 17 Ill. Reg.
    ______,
    effective
    ___________
    SUBPART B: DEFINITIONS
    Section 211.5500
    Regulated Air Pollutant
    j~j “Regulated air pollutant” means the following:
    jfl
    Nitrogen oxides (NQ) or any volatile organic compound.
    ilL
    Any pollutant for which a national ambient air quality
    standard has been promulgated.

    —23—
    Qj Any pollutant that is sub-lect to any standard
    promulgated under Section 111 of the Clean Air Act.
    141 Any Class I or II substance sub~iectto a standard
    promulgated under Section 112 of the Clean Air Act,
    including Sections 112(g). (-1) and (r).
    11).. Any pollutant sublect to requirements under
    Section 112(-i) of the Clean Air Act. Any
    pollutant listed under Section 112(b) shall be
    considered to be regulated 18 months after the
    date on which United States Environmental
    Protection Agency (“USEPA”) was required to
    promulgate an applicable standard pursant to
    Section 112(e) of the Clean Air Act, if USEPA
    fails to promulgate such standard.
    (ii) Any pollutant for which the requirements of
    Section 112(g) (2) of the Clean Air Act have been
    met, but only with respect to the individual
    source sub-ject to Section 112(g) (2) requirement.
    ~j “Regulated air pollutant” shall, for the purposes of 35 Ill.
    Adm. Code 201.180(a), mean any air contaminant as to which
    this Subtitle contains emission standards or other specific
    limitations and any contaminant regulated in Illinois
    pursuant to Section 9.1 of the Act.
    (Source: Added at 17 Ill. Reg.
    _____,
    effective
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above opinion and order was
    adopted on the
    ________
    day of
    /1
    ,
    1993, by
    a vote of /
    .
    /
    -
    /
    /
    /?
    / ~
    /
    /
    (
    - /~
    ~Dorothy M. Gumi, Clerk
    Illinois Pollution Control Board

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