ILLINOIS POLLUTION CONTROL BOARD
November 19, 1992
IN THE MATTER OF:
AMENDMENTS TO THE NEW
)
R92-21
SOURCE REVIEW RULES
)
(Rulemaking)
35 ILL. ADM. CODE 203
)
Proposed Rule. First 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.
This proposal was filed pursuant to Section 28.5 of the Act
and is 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. Therefore, the Board acts
today to send this proposal to first notice under the Illinois
Administrative Procedure Act without commenting on the merits of
the proposal. The following schedule1 indicates the deadlines by
which the Board must act under the provisions of Section 28.5:
First Notice
November 28, 1992
First Hearing
January 7, 1993
Second Hearing
February 6, 1993
Third Hearing
February 20, 1993
Second Notice
March 15 or April 5, 1993
Final Filing
21 days after
receipt of JCAR certification
of no objection
The Agency has filed a motion asking that the Board waive
several requirements which govern the filing of a regulatory
proposal. Specifically, the Agency asks that it be allowed to
submit the original and five complete copies of the proposal and
This schedule includes a second and third hearing which may
be cancelled if unnecessary. Hearings will be continued from day
to day as necessary to complete the subject matter established by
statute for each set of hearings.
0
2
four partial copies of the proposal, rather than the original and
nine complete copies to the Board. Further, the Agency asks that
it not be required to supply the Attorney Gereral or the
Department of Energy and Natural Resources with a complete copy
of the proposal. Lastly, the Agency asks that it not be required
to submit documents which are readily available to the Board on
which the Agency will rely at hearing. The Board grants the
Agency’s motion.
The Board notes that it was necessary to format the proposal
submitted by the Agency to comport with filing and other
requirements of the Administrative Code Unit of the Secretary of
State’s Office. The specific changes necessary were:
1. The table of contents contained italicized
material;
2. The authority note did not include
Section 10 of the Act;
3. Section 203.145 included a Source note
which was struck through and was
incorrectly numbered;
4. Section 203.206 contained incorrect strike-
through and underlines and required
renumbering;
5. The indent levels in Section 203.302 (a) (3) (A)
and (B) were incorrect;
6. Section 203.303 contained incorrect
strike—through and underlines and an
error in a citation;
7. Subpart H in the text had incorrect
spacing.
The Board notes that the text of the proposal contains several
typographical and grammatical errors which the Board cannot
correct under the provisions of Section 28.5(m) of the Act.
In the interest of administrative economy, the Board directs
the Hearing Officer to verify that the persons on the Notice List
in this proceeding wish to continue to receive mailings in this
proceeding.
ORDER
The Board directs the Clerk to cause the filing of the
following proposal for First Notice in the Illinois Register:
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
0137-0500
3
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AW) 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
.
l2~2~
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
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
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 EMICCIONS SOURCES IN
NONATTAINMENT AREAS
Section
203.201 Prohibition
203.202 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
Ot37-O5~1
203
•
203
203.204
203.205
203.206
203.207
203.208
203 .209
203.210
203.211
4
203.301 Lowest Achievable Emission Rate
203.302 Maintenance of Reasonable Further Progress and Emission
Offsets
203. 303
203
.
304
203.305
203.306
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
Offsets for Emission Increases from Rocket Engines and
Motor Firing
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).
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 R9l—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 diffcrcnt meaning of thc term io clear fr
otherwise sDecifled within this Part, the definitions of the
terms used in this Part shall be the same as those used in the
Pollution Control Board (Board) Rules and Regulations 35 Ill.
Adm. Code 201 and 211.
Section 203.107
Allowable Emissions
a) “Allowable Eeinissions” means the emission rate of a
ni37~502
5
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 Agency (USEPA)
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. 19891991, ch. 111 1/2, pars. 1001 et seq.);
2) The applicable emission standards or limitations
contained in this Chapter and approved by ~e
United Ctatca Environmental Protection Agency
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 a~
~,
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
_____
Ill. Reg.
______,
effective
_________)
Section 203.110
Available Growth Margin
“Available ~growth M~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 States U.S. Environmental Protection
Agency (USEPA) under Section l72(~)(~)(4) of the Clean Air Act
a(42zoneU.S.C.(within7502(~)(?~)(4))a nonattainmentfor
aarea)particularto
whichpollutanteconomicand
area j11
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)).
0137-3503
6
(Source: Amended at
_____
Ill. Reg.
______,
effective
_________
Section 203.112
Building, Structure and Facility
a) The terms “building”, “structure”, and “facility”
include all of the pollutant-emitting activities which
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 propuloion cngine3, 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 off loading operations
except those activities causing emissions
resulting directly from internal combustion
engines from transportation purposes or from a non
road engine or non road vehicle.
(Source: Amended at
Ill. Reg.
______,
effective
___________)
Section 2O3.12~. Emission Offset
“Emission OQffset” 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.
0137~05014
7
(Source: Amended at
—
Ill. Reg.
______,
effective
Section 203.1232.
Emissions Unit
“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: Added at
Ill. Reg.
effective
)
Section 203.123
Federally Enforceable
“Federally enforceable” means enforceable by the United States
Environmental Protection Agency.
(Source: Added at
Ill. Reg.
_____,
effective
___________
Section 203.126
LAERLowest Achievable Emission Rate
“LAER” is an abbrcviationacronvm for lowest achievable emission
rate.
(Source: Amended at
—
Ill. Req.
______,
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.
—
Ill. Req.
,
effective
Volatile Organic CompounciMaterial
“Volatile Organic Compound” means “volatile organic material”, as
that term io dcfincd at 35 IlL Adin. Code 211.122.
~yp~p~j~p
nrcs~r,ir~
m~t~ri~1
“
(VflM’i
m~~ri~
~nv r~nmnniini
e~f
r~rhrn
excluding carbon monoxide, carbon dioxide. carbonic acid,
metallic carbides or carbonates, and ammoniuin arbonate, which
participates in atmospheric ~hotochemica1 reactions.
— —— ~.—--——
————— ———
-~—---
~j This includes any such organic compound other than the
0137-0505
(Source: Amended at
Section 203.145
)
8
following, which have been determined to have
negligible photochemical reactivity: Methane; ethane;
methylene chloride (dichiormethane).
l,l,l-trichlorethane (methyl chloroform);
1,1. 1-trichloro-2 .2, 2-trifluoroethane (CFC-113);
trichlorofluoromethane (CFC—1l);
dichlorodifluoromethane (CFC-12); chlorodifluoromethane
(CFC-22); trifluoroinethane (FC-23); 1,2-dichloro
1, 1,2,2-tetrafluoroethane (CFC-114);
cloropentafluoroethane (CFC-115); 1,1. 1-trifluoro
2 ,2—dichloroethane (HCFC-123); 1,1, 12-tetrafluoroethane
(HFC-134a); 1, 1—dichloro 1—f luoroethane (HCFC-141b);
1-chloro 1,1-difluoroethane (HCFC-142b);
2-chloro-1, 1,1, 2-tetrafluoroethane (HCFC-l24);
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:
jj~ Cyclic, branched, or linear, completely
fluorinated alkanes
Z1. Cyclic, branched, or linear, completely
fluorinated ethers with no unsaturations
~j. Cyclic, branched, or linear, completely
fluorinated tertiary amines with no unsaturations
and
jj.
Sulfur containing perfluorocarbons with no
unsaturations and with sulfur bonds only to carbon
and fluroine.
~ For purposes of determining VON emissions and
compliance with emissions limits, 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 a~~rpvedor promulgated under
Title V of the Clean Air Act or under 40 CFR Part 5i,~
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.
0 13-/-0506
9
~gj As a precondition to excluding these
negligibly-reactive compounds as VO~or at any time
thereafter, the Agency may require an owner or operator
to provide monitoring or testing methods and results
demonstrating, to the satisfaction of the Agency. the
amount of negli~ib1y—reactive compounds in the source’s
emissions.
~ The USEPA shall not be bound by any State determination
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
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~&n4 a comment period, and
opportunity for public hearing pursuant to the Agency public
participation procedures found at set forth at 35 Ill. Adm. Code
~64
2~Z.
(Source: Amended at
—
Ill. Reg.
_____,
effective
___________
SUBPART B: MAJOR STATIONARY EMISSIONS SOURCES IN
NONATTAINNENT 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 malor stationary
sources or malor modifications of sources that emit volatile
organic materials or nitrogen oxides.
(Source: Amended at
—
Ill. Reg.
_____,
effective
__________
Section 203.203
Construction Permit Requirement and
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
0137-0507
10
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
—
Ill. Reg.
_____,
effective
____________)
Section 203.206
Major Stationary Source
a) The following constitute a major stationary source:
1) Any otationary oource of air pollutanto which
emito, or haa the potential to emit, 100 tono per
year or more of any pollutant for which pollutant
the area ic a nenattainment arca.For an area
designated as nonattainment for ozone, a major
stationary source is a stationary source which
emits or has the potential to emit volatile
organic material in an amount equal to or greater
than the following:
~ 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
~j 25 tons per year in an area classified as
severe nonattainment for ozone; and
Qj
10 tons per year in an area classified as
extreme nonattairunent for ozone
2) Any phyaioal change that would occur at a
ui~.&on~rycrnurcc not qualifying under paragraph 1
a major otationary couroc, if the change would
constitute a major otationary oource by it~clf.
For an area designated as nonattainment for
nitrogen dioxide, a major stationary source is a
stationary source which emits or has the potential
to emit 100 tons per year or more of nitrogen
dioxide.
a
j37-0508
11
fl For an area designated as nonattainment for ozone,
a malor stationary source is a stationary source
which emits or has the potential to emit nitrogen
oxides in an amount equal to or greater than the
following, unless USEPA has made a finding under
Sections 110 and 182(f) of the Clean Air Act that
controlling of emissions of nitrogen oxides from
such sources shall not be required:
~j 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,
çj 25 tons per year in an area classified as
severe nonattainment for ozone, and
Qj 10 tons ~er year in an area classified as
extreme nonattainment for ozone.
41 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 nonattaininent.
~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
in a nonattainment area, except as provided
in (B) below,
~j 50 tons ~er 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.
~
an area designated nonattainment for a
pollutant other than ozone, nitrogen dioxideL
PM-la or carbon monoxide, a malor stationary
source is a stationary source which emits or has
0137-0509
12
the potential to emit 100 tons per year or more of
the pollutant.
b) A major otationary ocuroc that ic a major for volatile
organic compoundo ohall be oonoidcrcd major for ozone.
Any physical change that occurs at a stationary source
which does not qualify under paragraph (a) of this
Section as a maior stationary source will be considered
a malor stationary source, if the change would
constitute a major stationary source by itself.
c) 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:
1) 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.
d) For purposes of this Part, 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;
0137-05 10
13
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;
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 categorjg~which was
regulated as of Auguct 7, 1980 by USEPA by a
standard promulgated under Section ill or 112 of
the Clean Air Act (42 U.S.C. 7411, 7412), but only
witn respect to those air pollutants that have
been regulated for that category
0137-0511
14
211. Any other stationary source category designated by
the United States Environmenta! Protection Agency
bY rule.
(Source: Amended at
—
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 compoundo 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 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
0137-0512
15
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 nonattaininent
for ozone, beginning November 15, 1992 or such later
date that an area is classified by the United States
Environmental Protection A~encv (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 pollutants i.e.. volatile organic material or
nitrogen oxides, are less than 100 tons ~er year.
and
~ 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 nonattairiment area for ozone, any
physical change in or chan~ein the method of operation
of a mai~rstationary 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
0137-0513
16
major modification.
(Source: Amended at
—
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 VOC and NOx
emissions in serious and severe ozone nonattainment
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.C.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
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,
0137-051
i~
17
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
—
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:
~j Carbon monoxide: 100 tons per year (tpy)
~j Nitrogen oxides: 40 tpy for a nonattainment area
for nitrogen dioxide and 40 t~vfor an ozone
nonattainment area, except as provided in
subsection (b) of this Section
~ej Sulfur dioxide: 40 tpy
4.41 Particulate matter measured as PM-b: 15 tpy
~e) Ozone: 40 tpy of volatile organic compoundo
material, except as provided in subsection (b) of
this Section
~) Lead: 0.6 tpy
~j 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
p~lutant from a stationary source located within such
area exceeds 25 tons when agre~atedwith 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
01370515
18
serious or severe nonattainment area for ozone.
(Source: Amended at
—
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
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
0137-0516
19
emission limitation was selected, including a
detailed listing of informatior 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)
for volatile organic material and nitrogen oxide
emissions, LAER shall a~~lvexcept 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 Technolo~v (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 USEPA.
~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 a~P1v
if the owner or oPerator of the source elects to
offset the increase by
p
greater reduction in
emissions of such pollutant from other operations.
units or activities within the source at an
internal offset ratio of at least 1.3. to 1.
(Source: Amended at
—
Ill. Reg.
______,
effective
___________
ection 203.302
Maintenance of Reasonable Further Progress
and Emission Offsets
a) j~) 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.).
21
For new major sources or malor modifications in
0 137-0517
20
ozone nonattainment areas the ratio of total
emission reductions provided by emission offsets
for volatile organic material ~ nitrogen oxides
to total increased emissions of such contaminants
shall be at least as follows:
~j 1.1 to 1 in areas classified as marginal
~J 1.15 to 1 in areas classified as moderate
,çj 1.2 to 1 in areas classified as serious
~j 1.3 to 1 in areas classified as severe; and
~j 1.5 to 1 in areas classified as extreme.
~ The offset requirement 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 equipment required 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 pollutant from other
discrete operations, units, or activities
within the source at an internal offset ratio
of at least 1.3 to 1.
b) The Agency shall allow the use of all or some portion
of the available growth margin to satisfy subsection
(a) above if the owner or operator can Present evidence
that the possible sources of emission offsets were
investigated~a*~4none were available at that time ~
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
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.
0137-0518
21
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) Must, in the case of a shutdown, have occurred
since April 24, 1979 or the date the area is
designated by the UCEPAUnited States Environmental
Protection Aaencv (USEPA) as a nonattainment area
for the pollutant, whichever is more recent, and
the shutdown source is being replaced by a similar
new source; and must, in the case of a fuel
combustion source, 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;
3) Must, in the case of a shutdown of a source or
permanent curtailment of production or operating
hours occurring on or after the date a permit
application is filed for a new or modified source,
have been made known to the affected work force;
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 the proposed new or modified
source must be a replacement for the shutdown or
curtailment;
5) Must be federally enforceable by permit;
6) 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 ~~nco for determining cmiooion of fsct3 arc
Q3
folbowo:
Except ao provided in oubocotion (2), tlhe baseline for
0137-0519
22
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).
progress and attainment of ambient air quality
standards approved by UCEPA 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
standards adopted by UCEPA 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 for sources within an
area, and thc source from which the offset is to
be obtained is subject to ouch limitations, the
baseline for offsets shall be the lesser of ouch
limitation or the potential to emit of the source.
d) The location of sources providing the emission
effects ireductions to fulfill the offset requirements
of this Section:
Must, for particulate matter, sulfur dioxide and
carbon monoxide, be ouch 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 arc on the same
premises or in the immediate vicinity of the new
or modified source and the pollutants disperse
substantiall”
.7
the same effective stack
height. In dctcrminin; off~..4....stack height,
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 enginccrii~g
practices, as determined pursuant to 40 CFR 51.100
(1987) (no future amendments or editions are
---
~-
cfl
37-0520
1)
23
21
uecd. 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 eaual or higher nonattainment
classification than the area in which the
source is located, and
~ The emission reductions from such other area
contribute to a violation of the national
ambient air quality standard in the
nonattainment area in which the new or
modified source is located.
0137-0521
---—4
.3
—
1__ -i
—
-— —~
t.
_~_ £
—
— ~ S
Must, for nitrogen oxides, be in the general
vicinity of the proposed new or modified
sourcc.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.
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 acce~tabiljtyof
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 new or modified
source; that is, offsets must be obtained from
within the Air Quality Control Region of the new
or moril
fit~d
~niirr~
~
frni.~
~t-~h~r
nr~rir~
~.jhieh
24
buting to the o~oncnroblcm at the site
:w or moaiziea source.
e) Replacement of one volatile organic eompoundmaterial
with another of lesser reactivity does not constitute
an emission reduction.
~j Emission reductions otherwise required by the Clean Air
Act (42 U.S.C. 7401 et seq.) 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 this subpart.
(Source: Amended at
—
Ill. Reg.
,
effective
___________
Section 203.306
Analysis of Alternatives
For emission of volatile organic compounds or carbon monoxide,
~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
—
Ill. Reg.
,
effective
___________)
SUBPART H: OFFSETS FOR EMISSION INCREASES FROM ROCKET ENGINES
AND MOTOR FIRING
Section 203.801
Offsets for Emission Increases from Rocket
Engines and Motor Firing
A source may offset, by alternative or innovative means emission
increases from rocket engine and motor firing, and cleaning
related to such firing, at an existing or modified ina-jor source
that tests rocket engines or motors under the following
conditions:
al.
Any modification proposed is solely for the purpose of
expanding the testing of rocket engines or motors at an
existing 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
It
~7-nc~
25
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
proaram essential to the national security; and
~ The source will comply with an alternative measure,
im.posed by the A~encvor Board, designed to offset any
emission increases beyond permitted levels not directly
offset by the source.
(Source: Added at
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
_______________,
1992, by a vote
of
7-C
.
‘~Dorothy N.
Gui~, Clerk
Illinois PolUition Control Board
0137-0523