ILLINOIS POLLUTION CONTROL BOARD

March

10,

1988

IN THE MATTER OF:

PROPOSED AMENDMENTS TO

)

R85—20

35

ILL. ADM. CODE 203

FINAL ORDER

ADOPTED RULE

OPINION AND ORDER OF THE BOARD

(by J.D. Dumelle):

On September

4,

1985,

the Illinois Environmental Protection

Agency

(Agency) filed proposed amendments

to 35

111. Adm. Code

203:

Major Stationary Source Construction and Modification, more

commonly referred to as New Source Review or

NSR.

The Agency

amended that proposal on December

19,

1985,

and again on February

5,

1986.

Hearings were held

to consider

the proposal

on November

13 and December

10,

1985,

and on February

4

arid May 28,

1986.

On

September

29,

1986,

the Department of Energy and Natural

Resources

(DENR)

filed

a negative declaration indicating

that no

economic impact study

(ECIS) would be performed

regarding

this

proposal,

a determination

in which the Economic and Technical

Advisory Committee concurred by letter

filed on October

20,

1986.

First notice was proposed on April

30,

1987, and published

at

11 Ill.

Reg.

10407, June

5,

1987.

The first notice comment

period, which would have expired on July 22,

1987, was extended

to August

28,

1987,

to allow consideration of and comparison with

the federal NSR proposal published July 31,

1987

(52 Fed. Reg.

28570).

Eight public comments were received during the first

notice comment period:

three comments from USEPA;

two comments

from Citizens

for

a Better Environment

(CBE);

and one comment

each from the Illinois Environmental Protection Agency

(Agency),

the Illinois Environmental Regulatory Group

(IERG), and the

Illinois Steel Group.

The majority of the public comment

addressed

the two major issues discussed

in the first notice

Opinion

——

the definition of “source’~and vessel emissions.

In

addition,

the Agency submitted detailed responses

to the many

questions raised

in the Board’s first notice Opinion.

The Board

appreciates the Agency’s thorough review.

On November 25,

1987 the Board adopted

an Opinion and Order

sending

the proposed amendments

to second notice for review

by

the Joint Committee on Administrative Rules

(JCAR).

The second

notice period commenced on January 19,

1988.

During

the course

of its review,

the JCAR staff suggested several non—substantive

changes

to the second notice proposal which the Board agreed to

incorporate into the final

order.

The changes are noted below.

At its February 25,

1988 meeting, JCAR issued

a Certificate of No

Objection

to the proposed rulemaking.

87—87

---

—2—

The primary purpose of

the proposal

is

to enable the State

to obtain approval of

its New Source Review Rules as part of the

Illinois State Implementation Plan (SIP).

The Clean Air Act

provides that unless

a state has an approved new source review

program as part

of its SIP,

no major source may be

constructed

or

modified

in

a non—attainment

area.

(See Sections lll(a)(2)(D),

111

(a)(2)(I)

and 173 of

the Clean Air

Act).

In April,

1979,

the Agency submitted

its own NSR rules

to

the United States Environmental Protection Agency

(LJSEPA)

for

approval

as part of the Illinois

SIP, and they were conditionally

approved

in

1980.

(See

45 Fed.

Reg.

11472,

Feb.

21,

1980).

However,

in May,

1981,

that conditional approval was reversed by

the Seventh Circuit

in

the case of CBE v.

USEPA,

649 F.2d 522

(7th Cir..,

1981).

In turn,

the State became subject

to

a

construction moratorium

in non—attainment areas.

Thereafter,

the

General Assembly adopted Section 9.1(d)

of the Environmental

Protection Act (Act)

which mandated the Board

to adopt

regulations establishing

a permit program meeting the

requirements

of Section

173 of the Clean Air Act (42 USC Section

7503)

by October

1,

1981.

In response

to that directive,

the

Agency submitted an NSR proposal to the Board

in April,

1980,

which was docketed as R8l—16.

Final rules were adopted

under

that docket

in July,

1983, which were then submitted

to USEPA

for

approval.

On April

9,

1984,

IJSEPA proposed

to approve in part

and disapprove

in part.

(49 Fed.

Reg.

13893).

However,

in light

of the Seventh Circuit’s decision

in Bethlehem Steel

v.

Gorsuch,

742 F.2d

1028

(7th Cir.,

1984),

USEPA determined that such actT~on

was impermissible,

and

that it was obligated

to disapprove the

rules

in their entirety.

At that point the Agency and USEPA agreed to jointly develop

draft NSR rules which would be proposed

for promulgation by

tJSEPA

and which would

be filed with the Board

for adoption as state

rules.

As stated

by the Agency

Under

the terms of this

“parallel processing”

agreement,

were

the Board

regulations

to

be

finally

adopted

before

USEPA

has

completed

its promulgation, USEPA would review them

for

inclusion

in the SIP

in lieu of

the Federally

promulgated

rules.

If

USEPA

has

completed

promulgation

before

final

adoption

by

the

Board,

upon approval of

the Board regulations

for

inclusion

in

the SIP

tJSEPA will

rescind

the Federal

regulations.

Once

NSR

rules

are

in place,

whether

by

Federal

promulgation

or

approval

of the State

rules,

the construction

moratorium

will

be

terminated

to

the

extent

that

the

SIP

for

a

particular

area

and

contaminant

is

not

found

to

be

deficient

on

other grounds.

87—88

---

—3—

(Sept.

4,

1985 Statement of Reasons at

3).

Overview

of the Proposal

The proposal before the Board

is intended

to eliminate

deficiencies identified by USEPA

in

the NSR rules,

thereby

allowing expeditious approval

as

a SIP revision.

It also

includes clarification of certain administrative procedures

contained

in the rules, adjustments

to account

for changing (JSEPA

guidelines,

adjustments necessitated by

the Board’s decision not

to adopt state Prevention

of Significant Deterioration

of Air

Quality

(PSD)

rules,

and minor corrections

of the present

rules.

Finally,

the proposal includes some changes which reduce

the stringency

of currently existing rules

to conform

to

the

federal proposal which

is required to impose

a program which

is

minimally required under the Clean

Air

Act.

The Agency

summarizes the basis

for these changes as follows:

The complexity of

the present

rulemaking and

the

desire

to

expedite

the

process

are

certainly important,

as

is the lack

of major

projects

over

the

last

few years

to which

35

Ill.

Adrn.

Code

Part

203

would

apply.

Most

importantly,

however,

IEPA

believes

that the

points

of

greater

stringency

in

the

State

rules

would

not

result

in

any

significant

environmental benefits.

(Sept.

4,

1985 Statement of Reasons

at

4).

35

Ill.

Adm.

Code 203 establishes

a permit program which

is

designed to ensure that the construction

of

a major new source of

air pollution or

a large increase

of emissions

at an existing

source does not interfere with the attainment demonstration and

does not delay timely achievement

of the air quality standards.

The rules specify what projects are “major” and the requirements

which apply

to such projects.

There are essentially four such

requirements

imposed on owners or operators of such projects.

The first of

these

is the imposition

of LAER (Lowest

Achievable Emission Rate), which

is

a hardware based

requirement.

LAER is the most stringent of feasible emission

limits for a particular source and

is established on a case—by—

case basis

in the permitting process.

In essence,

it is

to

reflect the state—of—the—art

in process or emission control

technology.

The second requirement

is that

a major project must be

accompanied by compensating

“emission offsets”

from other sources

in the area or by

a demonstration

that

it

is within the allowance

for major projects already contemplated

in the attainment

87—89

---

—4—

demonstration.

In other words,

the source must either

demonstrate

that emissions of particular pollutants will

riot

be

increased in the general area of

the source

or that any increase

falls within the growth allowance which

is built into the

attainment demonstration.

The third requirement

is present compliance by other sources

in the State which are under common ownership or control.

Unless

this requirement

is met,

the new source cannot be constructed.

The final

requirement applies only to areas which are not

in

attainment

for ozone and carbon monoxide and

for which the

attainment deadline has been extended to December

31,

1987

pursuant

to Section 172(a)(2)

of the Clean Air Act,

42

USC

Section 7502(a)(2fl.

In these areas,

an analysis

of alternatives

to

a particular major project must be made which demonstrates

that the benefits of the project outweigh the environmental and

social costs.

The most intricate aspect of the NSR rules regards

applicability.

A project must be evaluated independently for

each contaminant for which the area

in which

the project

is

located is designated non—attainment.

There are several types

of

projects

to be considered;

1)

The construction

of

a new major

source;

2)

A “significant” modification

to

a major

source;

3)

A physical change at

a non—major source,

that by itself

constitutes

a major

source, and

4)

Reconstruction of

a major

source.

Finally,

there are specialized applicability provisions concerned

with changes

in the status

of projects and the handling of

fugitive emissions.

“Source” Definition

Two major

issues have arisen during the course of this

proceeding.

The first

is whether the dual definition

of source

should be replaced by

a plant—wide definition.

The other regards

whether,

and to what extent,

vessel emissions should

be included

in the NSR rules..

The first notice proposal retained the existing dual

definition of “source” rather than the plant—wide definition for

the reasons articulated therein.

The Comments filed by IERG and

the Steel Group were directed solely to this issue.

USEPA.,

the

Agency and CBE also responded.

87—90

---

—5—

IERG and the Steel Group advocated

for adoption of the

plant—wide definition.

To support the view that USEPA can and

would approve incorporation of the plant—wide definition

in the

Board’s proposal,

both IERG and the Steel Group pointed out that

USEPA

is presently proposing

a plant—wide definition

in the

parallel

federal rulemaking.

IERG also stated that USEPA

provided clear guidance

in the June

26,

1987,

Federal Register

publication

(52 Fed.

Reg.

24039)

regarding the showing Illinois

must make before

a plant—wide definition may be federally adopted

and that that showing

is much less arduous and infinitely more

achievable

than proving

a lack of

impact

on

the State’s

attainment demonstration.

Thus,

argued

IERG,

the “reasoned

pragmatism”

of the Agency

in supporting

the dual definition no

longer exists.

Both IERG and the Steel Group

argued that policy

considerations favor adoption of the plant—wide definition.

They

believe that the plant—wide definition would enable facilities

to

modernize individual emission sources without experiencing the

“cost and delays associated with the New Source Review process”

(Comments

of

the Illinois Steel Group,

filed July 21,

1987)

whereas the dual definition would create

a disincentive

to

modernization in those

instances where

the action would trigger

application of the NSR rules.

The plant—wide definition,

the

argument goes, would

therefore result

in newer, cleaner—operating

equipment,

thereby resulting

in greater environmental benefit.

The Agency supports retention of

the dual definition.

The

Agency pointed out that USEPA’s proposal

of the plant—wide

definition and statements regarding the less restrictive showing

must be read consistently with USEPA’s July 14,

1987

(52 Fed.

Reg.

26424)

Notice of Proposed Rulemaking proposing to disapprove

the 1982 Illinois Ozone State Implementation Plan

(SIP).

The

Notice states that USEPA proposes:

to find that the plan as

a whole,

taking into

account the legally adopted control measures,

does not adequately demonstrate attainment of

the NAAQS

by the end of

1987 or any near term

fixed

date

thereafter

(or

RFP

reasonable

further

progress)

in

the

interim).

Therefore,

the

plan

does

not

meet

the

requirements

of

Part

D

of

the

Clean

Air

Act.

52 Fed.

Reg.

26427.”

The

Agency noted

that when USEPA published the NSR proposal on

June 26,

1987,

it had not yet proposed to disapprove

the 1982

ozone SIP.

In

its comment,

the Agency stated

that:

gliven

the

proposed

findings

by

USEPA

that

the

State

will

not

attain

the

ozone

NAAQS

by

the

end

of

1987 and

that

the State

has

failed

to

achieve

reasonable

further

progress

(RFP)

towards

attainment

of

the

37—91

---

—6—

ozone NAAQS,

the February 27,

1987, policy

on

the

definition

of

source

...

and

the

statement

in the June

26,

1987, proposal

that

the

State

must

show

it

is making

reasonable

efforts

to

adopt

and

submit

a complete

plan

for

RFP

and timely attainment preclude USEPA

from adopting

a plant—wide definition

in

its

NSR

rules

or

approving

State

rules

which

contain the plant—wide definition.

Finally,

the Agency responded

to the arguments

of the Steel

Group and IERG that the dual definition provides

a disincentive

to modernization by pointing out that the dual definition affects

only those changes which involve major pieces of equipment.

As

a

consequence,

the Agency believes that the dual definition will

have no impact on the great majority of Illinois industry.

Thus,

the Agency continues

to believe that the dual definition is

necessary

to assure that the rules can be approved so that the

construction moratorium can finally be

lifted.

The Board

is not persuaded to replace the dual definition of

source with

the plant—wide definition.

In light of USEPA’s

proposed disapproval

of the 1982 Illinois ozone

SIP, the Board

agrees that incorporation of the plant-wide definition may

threaten the approvability of

the NSR rules.

Vessel Emissions

The Board’s first notice Order discussed

in detail the issue

of vessel emissions.

The sole comment on this issue during the

first notice period came from the Agency.

The Agency believes

that the Board’s interpretation of Section 203.112

is contrary

to

the scope and intent of the

gency’s proposal and jeopardizes the

approvability of the rules.

Of specific concern

to the Agency is

the Board’s

interpretation of Section 203.112 that only vessels

which are under

the control of the person who owns the terminal

and further which belong

to the same industrial grouping as the

terminal are covered.

The Agency’s interpretation of

its

proposed Section 203.112

is that the emissions of all vessels and

conveyances

——

irrespective

of

industrial grouping and ownership

or

control by the terminal operator

——

be attributed

to the

terminal.

The types of emissions which are attributable

to the

terminal are those which are delineated

in Section 203.112(b).

To support its interpretation the Agency pointed to the

testimony

of Mr. Chris Romaine given at the February

4,

1986 hearing

(Transcript pp.

184—195).

In essence,

Mr.

Romaine explained that

the criteria

of location, common ownership and common SIC code do

not provide

a useful

——

or rational

——

basis

for vessel emission

attr ibution.

The

Agency believes that the solution

it has fashioned,

whereby vessel emissions are attributable on the basis of the

37—92

---

—7—

type of activity and

its

relation to the

terminal irrespective of

ownership or SIC code provides

a predictable, rational and

equitable framework for attribution of vessel emissions.

Also,

the Agency asserts that its solution was developed

in

consultation with USEPA’s Office of Air Quality Planning and

Standards and is unquestionably approvable

by USEPA.

To clarify

its

intentions,

the Agency suggests the inclusion of

the language

“irrespective of ownership or industrial grouping”

into Section

203.1l2(b)(i).

The Board accepts the Agency’s suggested revision of Section

203.ll2(b)(i)

for incorporation into the second notice Order.

The Board believes

that this additional language clarifies the

Agency’s

intent,

as described above.

Without the added language

a plain reading of the language proposed at first notice would

seem to allow

for the interpretation that Subsections 203.112(a)

and

(b)

may be

read together.

First Notice Revisions

The first notice Opinion noted,

section by section, changes

to the Agency’s proposal and language causing uncertainty

in

interpretation.

The Board here responds,

section by section,

to

comment received during first notice.

Section 203.104:

The Board has adopted the Agency’s suggested

language

to clarify that the intent of the section

is to

establish

a presumption that the 2—year period immediately

proceeding

the “particular date”

is representative of normal

operations,

with

an opportunity for the source to rebut the

presumption and

to demonstrate that another time period

is more

representative.

Section

203.107:

In Subsection

(a), the Board has adopted the

Agency’s suggested clarifying language.

Also,

the Board noticed

that

in subsection

(1)

40 CFR 60 and 61 were being

incorporated

by reference.

To correctly incorporate material by reference,

a

specific date must be given and

a statement must be made

declaring that

rio

future editions or amendments are included.

In

response to Board inquiry as

to which date would be appropriate,

the Agency stated that

a specific date could not be inserted and

still

be approvable by USEPA.

Apparently,

USEPA requires that

the standards used to determine allowable emissions

be not

restricted

to

a date certain but be

flexible enough to include

the most recent standard adopted

in the CFR.

USEPA’s requirement

of including

the most up—to—date standards seems consistent with

the general goal

of determining the “most stringent” applicable

standards for purposes of determining allowable emissions.

Therefore the Board has revised the language

in subsection

(1)

to

avoid

the necessity of directly

incorporating the

federal

regulations by reference thereby triggering

the necessity

for

a

specified date.

In addition,

in subsection

(2), the Board

87—93

---

—8—

changed the term “subtitle”

to “chapter”

to clarify th intent of

the section.

In Subsection

(b),

the Board

has adopted the

Agency’s revised language making the language consistent with

tJSEPA policy,

which does not generally consider limitations based

on annual emissions rates

to be federally enforceable and,

as

a

practicable matter, probably not enforceable at the State

level

either because

it could take

a year

to determine compliance.

The

Board believes the revised language

is consistent with USEPA

policy

and therefore approvable.

In Subsection

(c),

the Board

has adopted

the Agency’s suggested clarifying language.

Section 203.112:

For purposes of clarity the Board replaced “or”

with “and”

in

the series

“building,

structure and facility.”

Section 203.113:

The Board’s first notice Opinion questioned the

appropriateness of the phrase “a reasonable

time.”

The Agency

responded that the phrase

is appropriate

in light of

the fact

that the time

for completion

of a project

is dependent on the

specifics of the particular project which vary depending on the

nature

of the project,

its size,

the extent

of upfront

engineering,

the amount of off—site preparation, whether

equipment must

be fabricated or can be purchased,

and many other

considerations.

Although the Board recognizes

that flexibility

is necessary

in this area,

the Board does not believe that the

language as written will pass review by the Joint Committee on

Administrative Rules

(JCAR).

Therefore,

the Board has included

a

subsection

(c), which sets forth some

of the factors

to be

considered when determining

“a reasonable time”.

Section

203.123:

The word

“a” was added

to the

first line of

“emissions unit.”

Also,

“subtitle” was changed

to “chapter”.

Section 203.124:

In the first notice Order,

the Board questioned

the appropriateness of the phrase “reasonably pass through.”

The

Agency

responded that, because of the specific meaning of

“fugitive emissions”

in the regulatory context, the phrase

“reasonably pass through” adequately distinguishes between

fugitive and non—fugitive emissions.

The Agency further

responded that further elaboration would not match the stringency

of tJSEPA requirements.

So as not

to jeopardize approvability,

the Board has retained the language proposed at first notice.

Section 203.127:

The Board

has, on its own motion, proposed

a

definition of

“non—attainment area”.

The Board believes

it more

efficient to define non—attainment area

in one place

than in

several.

All

of the sections that previously included the

definition have accordingly been revised.

The Board notes

that

this

is not

a substantive

change because “non—attainment area”

was defined

in each section

in which

it was used.

Therefore,

the

Board views this definition

a a Smatter of efficiency

and

housekeeping and not as a matter of change.

87—94

---

—9—

Section 203.128:

The Agency correctly noted

that the Board

omitted the text of Section 203.128

at first notice:

no amendment

was proposed to

this

section.

After further review

the Board has

proposed the capitalization of “Emit”

to maintain consistency in

capitalization with the other proposed definitions.

Section 203.150:

The Board has adopted the Agency’s suggested

language

to clarify the reference to the proposed issuance of the

permit.

Section 203.206:

The first notice Order questioned the

appropriateness

of the phrase “approximately half.”

The Agency

responded that the phrase

is

a direct consequence of the

structure

of the federal determination of reconstruction.

The

Agency also noted

that this language

is unchanged from that in

the present rules.

The Board

notes that subsections

(l)—(4)

of

subsection

(c)

provide directives

for determining whether

reconstruction will occur.

These directives provide guidance

in

the determination of “approximately half” of

the capital costs.

Therefore,

the Board has retained

the phrase.

Section

203.207:

In Subsection

(a)

the Board has adopted the

Agency’s suggested clarifying language.

In Subsection

(c)

the

Agency responded

to Board inquiry that it did not

intend to

delete the reference to 40 CFR 52.21.

The Agency noted that

USEPA correctly

interpreted such deletion as

a relaxation of the

rule beyond

the federal minimum requirements,

and suggested that

that reference be reinstated into Section 203.207(c)(5)(A) and

(c)(6).

The Board has reinstated the reference and has adopted

the Agency’s suggested language

to further clarify Section

203.207(c)

( 5) (A).

In Section 203.207(c)(5)(B), USEPA indicated that inclusion of

permits issued pursuant

to

40 CFR 51.21

(PSD)

is an unacceptable

relaxation as compared to its guidelines at

40 CFR 51.164.

The

Agency agreed and suggested that the citation to 40 CFR 52.21

in

Section 203.207(c)(5)(B)

be deleted.

The Board has deleted the

citation.

Section

203.208:

The Agency suggested that,

in line

1

of the

introductory paragraph,

the term “sum”

is more appropriate than

“total” because determination of whether

a modification results

in

a net emissions

increase

is essentially

a mathematical

calculation.

The Board has taken out the proposed word “total”

and has retained the existing word “sum”.

In Section

203.208(b)(l), the Board has adopted the Agency’s redraft,

as the

new language better parallels the language

in Subsection (c)(4),

is less awkward than

the federal language, and is identical

in

substance

to the federal language.

In Subsection 203.208(c),

the

Agency responded

to Board inquiry concerning

the language

“approximately the same qualitative significance on public health

and welfare”.

The Agency pointed out tJSEPA’s explanation at 45

Fed.

Reg.

52701 which

reads:

87—~~

---

—10W-

By

this

provision

US

EPA

seeks

mainly

to

prevent

an

increase

in

emissions

with

considerable health

and welfare

significance

from

escaping

review

merely

because

of

a

contemporaneous

decrease

in

less

harmful

emissions.

The health and welfare provisions

of

the

Clean

Air)

Act

mandates

this

provision.

(Comments

of

the

TEPA,

filed

August

4,

1987).

The Agency recommended that the language

in question be retained

in both Sections 203.208(c) and 203.303(b).

So as not to

jeopardize approvability,

the Board has retained the language.

Section 203.301:

The Board has added

the language “adopted by

USEPA pursuant

to Section 11 of

the Clean Air Act and made

applicable

to Illinois pursuant

to Section 9.1 of

the Act”

to

clarify “applicable new source performance standard.”

Section 203.303:

The Board has changed “subtitle”

to “chapter”

in Section 203.303(c)(2),

and has amended the language “40 CFR

60

or

61” consistent with

the amendments made

to Section 203.107

above.

Again,

the

language proposed at first notice may threaten

USEPA

approval.

The Agency responded to Board inquiry concerning

Section 203.303(d).

The Agency stated

that

it::

has

endeavored

to

paraphrase

this

provision

Ecom

an

~w~ward1y

written

trovision

in

40

CFR

51

appendix

S

referenced

in

USEPA’s

NSR

guidelines

so

as

to

maintain

identical

stringency.

On

the

one hand,

the requirement

for

analysis

in

Subsection

(d)(1)

could

be

made

a mandatory obligation

on

the applicant

and

the

language

in

Subsection

(d)(3)

concerning

“broad vicinity” could be removed,

considering

subsequent

language.

This

was

riot

proposed

by

the

IEPA

to

avoid

excess

stringency

and

maintain

any

unforeseen

benefits

to

permit

applications

arising

out

of

tJSEPA’S

language.

On

the

other

hand,

specific

analysis

methodology

could

riot

be

specified

because

this

would

risk

both

inadequate

or

excess

stringency.

(Comments

of the IEPA,

filed August 21,

1987).

The Agency also responded that it would construe “appropriate

analysis”

in the context of the particular sentence.

If

the

Agency

declines

to

perform

the

required

analysis,

the

applicant

shall

perform

either

atmospheric

simulation

87—96

---

—11—

modeling

or determine effective stack height,

as

appropriate

as

explained

in

preceding

sentences,

to

demonstrate

as

adequate

location

for

offsets.

(Comments of the IEP,

filed August

21,

1987).

So as not to jeopardize approvability,

the Board has retained the

language as proposed.

Section 203.602:

The Board has adopted the Agency’s suggestion

to delete the commas after

“providing”

in line

4 and after

“Section 203.302”

in line

5.

Second Notice Revisions

As previously noted, during

its second notice review of the

proposed rules,

the JCAR staff suggested several non—substantive

changes

to clarify the text of the proposed rules.

The Board

agreed

to add the suggested language and, pursuant to Section

5.01(a)

of the Administrative Procedures Act,

incorporates the

language into the final order.

The second notice changes are as

follows:

Section 203.104(A):

Add before

the last sentence “such

demonstration may include,

but need not be limited

to, operating

records or other documentation of events or circumstances

indicating that the preceding two years

is not representative of

normal source operation.”

Section 203.125:

Add

at end of

sentence “including,

but not

limited

to,

boilers,

furnaces, reactors,

dryers,

incinerators,

heaters and coating lines.”

Section 203.145:

“Metallic carbonic acid” was deleted.

“Metallic carbide” was changed

to “metal catbides.”

“Metallic

carbonate” was changed to “metal carbonates.”

Finally,

a

sentence was added

to define standard conditions.”

Section 203.208(d):

“only after

a reasonable shakedown period,

not

to exceed

180 days” was amended to read “only after

a

shakedown period not

to exceed 180 days.”

Section 203.211:

“As evidenced

by

35 Ill. Mm.

Code 201.122” was

added after

“quantifiable.”

The citation to Section 203.206(c)

was corrected to Section 203.206(d).

Section 203.302:

In subsection

(a),

“as set forth in Section 173

of the Clean Air Act” was added

after “reasonable further

progress.”

In subsection

(b),

“show” was changed to “evidence”,

and “reasonably” was deleted.

87—97

---

—12—

Section 203.303:

In subsection

(b)(2),

“a demonstration” was

changed

to “evidence.”

In subsection

(b)(4), the last two lines

were amended to read “source must be a replacement

for the

shutdown

or curtailment.”

In subsection

(d)(l), the following

two sentences were added “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, the creditable stack height shall

be used.”

Also,

“appropriate analysis” was amended

to “analysis.”

In subsection

(c)(l)

and

(2) citations

to Section 9.1

of the Environmental

Protection Act were added.

ORDER

The Clerk of

the Pollution Control Board

is hereby directed

to submit the following adopted amendir~ents to 35 Ill.

Mm.

Code

203

to the Secretary of

State for final notice:

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. 122

203.123

203. 124

203.125

~03.~25l26

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

Fugitive Emissions

Installation

LAER

Nonattainment Area

Potential to Emit

Reasonable Further Progress

Secondary Emissions

Stationary Source

Volatile Organic Compound

Public Participation

Severability

(Repealed)

87—98

---

—13—

SUBPART

B:

MAJOR STATIONARY EKfS5~BNS

SOURCES

IN

NONATTAINMENT

AREAS

Section

203.201

203. 203

203.204

203.205

203.206

203. 207

203. 208

203. 209

203.210

203.211

Prohibition

Coordination With

eeerts~e~4er~

Permit

Requirement and Application Pursuant

to

35 Ill.

Adm.

Code 201

Construction Permit Requirement and Application

Duration of Construction Permit

(Repealed)

Effect of Pfeee~e~o~ e~dPermits

Major Stationary £

e~ertSource

Major Modification of

a Source

Net

Emission

Determination

Significant

Emissions

Determination

Relaxation

of

a

Source—Specific

Limitation

Permit Exemption Based on Fugitive Emissions

SUBPART C:

REQUIREMENTS FOR MAJOR STATIONARY

SOURCES

IN NONATTAINMENT AREAS

Section

203. 301

203.303

203. 305

203.306

Lowest Achievable Emission Rate

Maintenance

of

Reasonable

Further

Progress

and

Emission

Offsets

Baseline

and.

Emission

Offsets

Determination

Exemptions

from Emissions Offset Requirement

(Repealed)

Compliance by Existing Sources

Analysis of Alternatives

SUBPART F:

OPERATION OF A MAJOR STATIONARY SOURCE

OR MAJOR MODIFICATION

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

AUTHORITY:

Implementing Section 9.1 and authorized by Sections

5

and

27 of the Environmental Protection Act

(Ill.

Rev.

Stat.

1985,

ch.

111 1/2, pars.

1005, 1009.1 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

Section

203. 602

203.603

at

Ill.

Reg.

______,

effective

87—99

---

—14—

SUBPART

A:

GENERAL PROVISIONS

Section 203.103

Actual Construction

“Actual Construction” means

in general, initiation

of physical

on—site construction activities on an emissions unit which are of

a permanent nature.

Such activities

include,

but are not limited

to, installation of building supports and foundations,

laying of

underground pipework,

and erection

of permanent storage

structures.

With respect to

a change

in method of operation,

this term refers

to those on—site activities other than

preparatory activities which mark

the initiation

of

the change.

(Source:

Added

at 12

Ill.

Reg.

,

effective

_____________)

Section 203.104

Actual Emissions

“Actual Eeinissions” means

the actual rate of

annual emissions of

a pollutant from an epaet’ta3

emissions ~et~ee unit ?e~ as of

a

particular

date.

Actual emissions are equal to the mean average

rate,

in tons per year,

at which the emissions ~et~ee unit

actually emitted the pollutant during the two—year period which

immediately precedes the particular date

~

or such other period

which

is determined by the Illinois Environmental Protection

Agency

(Agency)

to be representative of normal em~e~ source

operation.

Actual emissions shall

be calculated

using the unit’s

actual operating hours,

production rates,

and

types

of materials

processed,

stored or combusted during the selected time period

however:

a)

The Agency shall allow the use

of

a different time period

upon

a ~e~e~M

~or~demonstration by the applicant to

the Agency that 4~the time period

is more representative

of normal effi~es~et~

source operation.

Such demonstration

may include,

but need

riot be limited to, operating

records or other documentation

of events or circumstances

indicating that the preceding

two years is not

representative of normal source operations.

P~e

~ei~

~

~ea~

~e deMe~ ~e~e

~

~me

pe~4e~4~i~e~efep~ese

4~e~~

e~s~4ort~

&~a~~e

ea~et~a~ed

~s~g

~e

e~er~

3etff~ee~s&e~t~a~

epef~4rtg~e~s~- p~ee~e~~a~ee~ e~ ~ype~ e~

~a~e

peeees~e~7

e~e~ref

ee~t~s~e~âa~g

~1~e

~e~ee~e~

~Me

~I~e

~ertey de~e~m~es

~

~l~e~e~s

e~aa~e

~e4er~

~e de~ee~4r~e

~

em4~4erts~

d~ea~e~

4r~

eee~r~

pegp~’~ ~e

~ge~teys~~4~e

~e

~e

em4~4o~se~e~-

87—100

---

—15--

b)

The Agency may presume

in the absence of

reliable data on

actual emissions that the source—specific allowable

emissions

for the emissions unit are equivalent to the

actual emissions of the emissions unit.

C)

For any emissions unit which has not begun normal

operations on the particular date,

the Agency shall

presume

that

the potential to emit of the emissions unit

is equivalent to the actual emissions on that date.

(Source:

Amended at

12 Ill. Reg.

_____,

effective

______________)

Section 203.107

Allowable Emissions

a)

“Allowable Eemissions” means

the emission rate of

at~

a stationary source calculated

using the

maximum rated capacity of

the et~ss4er~source

(unless

the e4~er~source is subject to enforceable permit

conditions or other such enforceable limits which

restrict the operating rate,

or hours of operation, or

both)

and the ~e~e most stringent of the following:

1)

Any applicable standards adopted by 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.

1985,

ch.

111 1/2, pars.

1001

et seq.)

2)

The applicable emission standards or limitations

contained

in this Chapter

and approved by the

United States Environmental Protection Agency

(USEPA)

pursuant to Section 1l0(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 enforceable

permit condition including those emissions rates

with a future compliance date.

b)

The allowable emissions may

be based on exp~ea~e~

as a

an enforceable permit condition limiting at~a~

e~e~s e~material or fuel throughput.

e’)

~ewa~e e~ss~enss1~a~4i~e~ea ~ease~a~e

es~4ma~e

e~ eM±ssterts

4~ ei~eesa e~ app~ea~e

s~ar~a~s â4~g

a~—t~p7ma~?t~n~e

en7 e~b~ea4~ewt’t7as app~ep~a~ey

Ort~y 4?

~e

pfO

s±erts e?

35

~

~

?e~e

2~ l’tave

eei~p~4~e~

w~~-

87-101

---

—16—

c)

If

a er~ems~e~source

is not subject

to an emission

standard w~e~described

in subsection

(a) and

is not

ee4~er~edps~a~ ~e subject

to

a permit condition

described in subsection

(b),

the allowable emissions

shall

be the source’s potential

to emit.

(Source:

Amended

at 12

Ill. Reg.

—

,

effective

_____________)

Section 203.110

Available Growth Margin

va4~a~eg~ew~

Mafg±&L

i~eai~s~e

??et~e~ee

~e~weer~

~

a~ewa~ea

ss~e~see~s~s~ar~

w~1~

~ease~ab~e

~

p~e~ess

a~

p~o~ee~e~

ae~a~

a

ss~e~s

~

a

~o~e

a~me~

a~ea~

“Available Growth Margin”

means the~crtionwhich remains

of any

emission allowance for new or modified major statfonary sources

expressly

identified

in the attainment demonstration approved by

the U.S.

Environmental Protection Agency (USEPA)

under Section

172(b)(5)

of the Clean Air Act

(42 U.S.C.

7502(b)(5))

for

a

particular pollutant and area.

(Source:

Amended

at

12

Ill. Reg.

______,

effective

-___________

Section 203.112

Building, Structure and Facility

a)

The terms “building”,

“structure”,

and ‘jlit”

include all

of

the pollutant—emitting actLvities 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. Mm.

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 groupi~~

to or

from a building,

structure,

or facility as

defined

in subsection

(a),

and

87—102

---

—17—

2)

activities

at

or

adjacent

to

such

building,

structure or facility which are associated with

such transfer,

including but not limited to idling

of propulsion engines,

the operation of engines

to

provide heat,

refrigeration or lighting, operation

of auxiliary engines for pumps or cranes,

and

transfer

of

materials

from

hold

to hold

or tank

to

tank during onloading or offloading operations.

(Source:

Added

at

12 Ill.

Reg.

,

effective

______________)

Section 203.113

Commence

As applied

to construction of

a major stationary source or major

modification “commence”

means that the owner

or operator has

obtained all necessary oreconstruction approvals or permits and

either has:

a)

Begun,

or

caused

to begin,

a continuous program of

actual

on—site

construction

of the source,

to be

completed within e4~~eert

Me~1’~sa?~e~the èa~ethe

~s

g~a~ed~

a reasonable time

or

b)

Entered into binding agreements or contractual

obligations, which cannot be canceled

or modified

without substantial loss

to the owner

or operator,

to

undertake

a program of actual construction of

the source

to be completed within

a reasonable time.

c)

For purposes of this Secton,

a “reasonable time” shall

be determined considering but not limited

to

the

following factors:

The nature and size of the project,

the extent of design engineering,

the amount

of off—site

preparation, whether equipment can be fabricated or can

be purchased, when the project begins

(considering both

the seasonal nature of construction activity and

the

existence of other projects competing for construction

labor at the same time,

the place of the environmental

permit

in the sequence of corporate and overall

governmental approval),

and the nature of the permittee

(private, public,

regulated,

etc).

(Source:

Amended at 12

Ill. Reg.

,

effective

______________)

Section

203.116

Construction

“Construction” means any physical change or change

in the method

of operation,

including but not limited

to fabrication, erection,

installation, demolition,

or modification of an emissions ee~ee

unit, which would result

in

a change

in actual emissions.

(Source:

Amended at

12

Ill. Reg.

______,

effective

______________)

87— 103

---

—18—

Section 203.117

Dispersion Enhancement Techniques

“Dispersion Enhancement Techniques”

mean so much of

the stack

height

of any source as exceeds good engineering practice or

any

other dispersion technique,

determined by regulations

at

40 CFR

51.100

(1987)

(no future amendments or editions are

included).

(Source:

Added

at 12

Ill. Reg.

_____,

effective

______________

Section 203.123

Emissions Unit

“Emissions Unit” means any part of

a stationary source which

emits or has the potential

to emit any oollutant subject to

regulation under

the Act or this chapter

or by USEPA under the

Clean Air Act

(42 U.S.C.

7401 the Act or

et seq.).

(Source:

Added at

12 Ill.

Reg.

_____,

effective

_____________

Section 203.124

Fugitive Emissions

“Fugitive

Emissions”

means

those

emissions

which

could

not

reasonably pass through

a stack, chimney, vent or other

functionally equivalent opening.

(Source:

Added

at 12

Ill. Reg.

_____,

effective

______________)

Section 203.125

Installation

“Installation” means an identifiable piece of eQuipment,

including,

but

not

limited

to,

boilers,

furnaces,

reactors,

dryers,

incinerators, heaters, and coating lines.

(Source:

Section 203.125 renumbered to Section 203.126, New

Section 203.125 adopted at 12 Ill.

Reg.

_____

effective

______________

Section

203.~5126 LAER

“LAER”

is

an abbreviation for lowest achievable emission rate.

(Source:

Section 203.126 renumbered

from Section 203.125 at

12

Ill.

Reg.

_____,

effective

_____________

Section 203.127

Nonattainment Area

An area designated by

USEPA as nonattainment for

a given

pollutant pursuant

to Section 107 of

the Clean Air Act

(42 U.S.C.

7407).

(Source:

Added at

12 Ill.

Reg.

________,

effective

______________)

37—104

---

—19—

Section 203.128

Potential to Emit

“Potential

to Eeinit” means the maximum capacity of

a stationary

source

to emit

a pollutant under

its physical and operational

design.

Any physical

or operatonal limitationon 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

if enforceable.

Secondary

emissions do not count

in determining

the potential

to emit of

a

stationary

source.

(Source:

Amended at

12

Ill. Reg.

_____,

effective

______________

Section 203.131

Reasonable Further Progress

“Reasonable F?urther Pprogress” means

the annual incremental

reductions

in the emissions of the applicable air pollutant

s~e4e~ ~e p~ev~e~

~a4nmert~ e?

the Nae~a3

~ert~

~

et~a~±~y

S~ari~a~s

as as

e~s~yas psae~±~ea~e7

4~rt aeee~dartee

as determined by USEPA pursuant

to Part 0 of the Clean Air

Act

(42 U.S.C. 7501

et

seq.)

and 49 ?FR S~~Sas aMer~deda~44 FR

~?S697 May ~

?9~federal regulations adopted pursuant

thereto.

(Source:

Amended

at

12 Ill. Reg.

_____,

effective

______________

Section 203.134

Secondary Emissions

“Secondary Eamissions” means

the emissions which would occur as

a

result of the construction or

operation of

a major stationary

source or major modification,

but do not come from the major

stationary source or major modification itself.

For the purpose

of this Part,

secondary emissions must be specific, well defined,

quantifiable,

and impact the same general area as the stationary

source or modification which causes the secondary emissions.

Secondary emissions may

include,

but are not limited to,

emissions from any ~eesor~a~y ?ofseeab~eoff—site support

facility which would not ethe~w~sebe constructed

or

increase

its

emissions except as

a result of the construction or operation of

the major stationary source or major modification.

(Source:

Amended at

12 Ill.

Reg.

effective

______________

Section

203.136

Stationary Source

“Stationary Source” means any building,

structure,

facility or

installation which

emits or may emit any air pollutant subject to

regulation

under

the Act or this Chapter

or

by

tJSEPA under

the

Clean

Air Act

(42 U.S.C.

7401 et seq.).

87—105

---

—20—

(Source:

Added

at

12

Ill. Reg.

______,

effective

______________

Section 203.145

Volatile Organic Compound

“Volatile Organic Compound” means any chemical compound of

carbon,

released

to or present

in

the atmosphere

in

a gaseous

state,

including compounds which are liquids

at standard

conditions,

but excluding the following compounds:

methane,

ethane,

carbon monoxide,

carbon dioxide,

carbonic acid, metal

carbides, metal carbonates,

ammonium carbonate,

1,1,1-

trichloroethane

(methylchloroform), methylene chloride,

trichlorotrifiuoroethane

(Freon

113),

trichlorofluoromethane

(CFC—ll), dichlorodifluoromethane

(CFC—l2), chlorodifluorometharie

(CFC—22),

trifluoromethane

(FC—23), trichlorotrifluoroethane

(CFC—113),

dichlorotetrafluoroethane

(CFC—1l4),

chloropentafluoroethane

(CFC—ll5).

Standard conditions means

a

temperature

of

70

F

and

a pressure

of

14.7 pounds per square inch

absolute

(psia).

(Source:

Added at

12

Ill. Reg.

,

effective

_____________

Section

203.150

Public

Participation

A~

the ~a~4e~

aS a pe~m~ap

4ea~ertPrior

to the initial

issuance

of a permit pursuant to Subpart B,

the Agency shall

provide at

a minimum,

notice of the same proposed

issuance of

a

permit

and

a

comment

period

pursuant

to

the

Agency

public

participation

procedures

found

at

35

Ill.

Mm.

Code

166.

(Source:

Amended at

12

Ill. Reg.

,

effective

______________

Section 203.155

Severability

(Repealed)

Ne~w~a~rtg

~

~

A~m~

?o~e2~-~2Sy

~?

arty

es~erteS

~s s~aye~e~dee~af~e~

4rtvaH~~y a ?~rta~

e~efTno

~enge~ s~ee~~e appea~7

0?

arty

eo~~aS eempe~ert~

~84~~4~rty

then

the

ert~4~e~y

aS Pa~ ~O3

s1~a~

~e ~eeme~ s~aye~

e~’

~

the stay ~s ~4?~ed

es the Bea~ ae~s~e

~

the Paf~-

(Source:

Repealed at 12 Iii. Reg.

,

effective

_____________

)

SUBPART B:

MAJOR STATIONARY EMISSIONS

SOURCES

IN

NONATTAINMENT AREAS

Section 203.201

Prohibition

In any nortattainment area,

riNo person shall

cause or allow the

construction

of

a new major stationary source or major

modification

4rt

art

area ~es~-grta~ed

as that

is major

for the

pollutant for which

the area

is designated

a nonattainment area

as ~eS~rteda~See~4ort

~~-2+

oS the

?~eart~e

?~e~

~42

5~?~

87--106

---

—21—

~5~f2+~- w4th sespee~~e

thai

poHr~art~,except as

in compliance

with this Part

for

that

pollutant.

(Source:

Amended

at

12 Ill.

Reg.

______,

effective

______________)

Section 203.202

Coordination With Pfeeorts~f~e~ort

Permit

Requirement and Application Pursuant

to

35

Ill.

Mm. Code 201

For new major sources and major modifications, the fulfillment of

the requirements of

35

Ill. Mm.

Code

201

related to

construction,

including the permit requirements of

35

Ill. Mm.

Code 201.142,

shall be combined with the requirements of

this

Subpart.

0+

App~4~ea~orte

Sef ~

pe~rn~ss~ta~eon~a~rt

st~S?4e~en~

4n?efma~4en~e ~emorts~a~e that

the sou~ee

eorts~~t~es

Of

does no~eons

~e

a new ma~e~

sotisee

Of

maies me

?4~ea~ertpt~s~an~

~e th4s St~paf~

~-

A p~eeons ue~enpe~m~~es4~gna~4~rtg

the

p~epese~

eens~~t~e~on

as

a new ma~o~so~ee

Of

ma~ermeS~ea~4ort

~s ~

ps~e~~e-~

~3.

En~ef4rtg4?rt~e ~rt~4rtg ag~eemen~s

Of

een~ae~a~

e~ga~orts7w~e~eartrte~~e eartee~edet~

w~thet~

s

sthn~4a~3~ess~o

the

ewnef

Of

Opefa~Of7

~e w~ef~akea

~fO~f&M

aS ae~t~a~

eorts~~t~e~en

0?

a

se~*fee~o ~e ee~p~e~ed

w4th~rta ~easorta~e

~me~

~2+

~rt~~a~4ng

p~tys~ea~

ort—s~eeorts~s~eon ae~4~es

w~e~

OfS

pe~marten~

~rt

rta~~e

~ne~t~~rtg

~

M~e~~e ~rts~a~a~4en aS

~&~rtg s~ppo~sart~

?ettnda~4ons7~ay~ng w~efgfotinâp~pewethan~

eerts~fue~4~en

oS pe~marten~s~o~ege

~

Of

~

~n~~a~rtg

a e~ange 4n ope~a~ertsw~e~may ~e

s~~ee~

~e th4s Gu~paf~

Of

Si~paf~?~

(Source:

Amended at

12 Ill. Reg.

_____,

effective

_____________

Section 203.203

Construction Permit Requirement and

Application

a)

A construction permit is required prior

to ~‘ta~i~ng

~egi~rn

Of

1~a’~rtgea~se~~e ~eg~n a eon~4nuetfspsog~amaS actual

en—s~e construction

of

a major new source or major

modification.

Of

e~ange4n ope~a~onsoS the set~~ee~

St~e~pef~±~

s~a~eon~a~nen?efeee~e eort~~4ons

sa~s?y~ng

the

~

eS

S~paf~9 B

arts

G~

87—107

---

—22—

b)

Applications

for construction permits required under

this Section shall contain sufEicient information

to

demonstrate

compliance

with

35

Ill.

Adm.

Code

201

and

the requirements of

this Subchapter

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

12 Ill.

Reg.

_____,

effective

______________

Section 203.204

Duration of Construction Permit

(Repealed)

A pe~m~~e eens~~~e~

s19a~

~eeome ~nva24d ~?

the

pefm4~~ee has

ne~eemmertee~eens~f~e~en

w~th4n~S

menthe aS~ef

~eee~p~ eS

stteh

pefM±~-Of eens~~t~e~on

~s d4seen~n~e~SOf a pe~~e~

eS ~

eortsee~~emonths

e~mefe-

Hewe~’ef7th4s pfe

sen ~ees ne~

app’y ~e

the ~me

pef±od~e~ween eens~f~e~±en

oS

the

appfeved

phases eS

a phases eerts~f~e~on

pfejee~ eaeh phase

mtis~

ae~ta3~eens~~~e~on

w~h~n~8 menths eS

the

~a~es eon~a~rte~

4n

the

pe~m~ app~4ea~on~-

(Source:

Repealed at

12

111. Reg.

,

effective

_____________

Section 203.205

Effect of Pfeeens~f~e~ert

and ?ens~f~e~en

Permits

The issuance of ne4thef a pfeeorts~ftte

ort

rtOf a eerts~~~e~en

a

permit for

a source subject

to the requirements of this Part

shall not relieve any person of the responsibility

to comply

fully with applicable provisions of the Environmental Protection

Act

(Act)

(Ill.

Rev.

Stat.

l98~5, ch.

lll1~/~pars.

1001 et seq.),

the fegt~a~±ons

eon~a4ned 4n this Chapter, the

e2ean

A±f

Ae~

+42

s~-e-

~

e~se~+ an~Sedefa~fegt~a~*ertsadopted thefe~rtdef

and any other applicable requirements under

local,

state

or

federal

law. thfe~ghthe e??ee~ve

date aS this Sa~paf~--

(Source:

Amended

at

12

Ill. Reg.

______,

effective

____________

Section 203.206

Major Stationary Bm~ss~onSource

A

M0~0f

s~a~enafyem~ss~onse~~ee

~he~ ~s me~e~

SOf ofgan±e

Ma~ef~a~eha~

~e

eOns4defed

Me~ef

Sof

o~ene~

a)

The following constitutes

a major stationary er~4ss4en

source:

87—1~S

---

—23—

1) Any stationary em4ss4en source of air pollutants

which

emits,

or

has

the

potential

to

emit,

100

tons

per year or more of any pollutant~for

which

pollutant the area

is

a nonattainment area.

2) Any physical change that would

occur

at

a

stationary em~ss4ensource not qualifying under

paragraph

I s~hsee~on+a)-

as

a major stationary

em~ss~ensource,

if the change would constitute

a

major

stationary

em~ss4ensource by itself.

b)

A major stationary source that

is major

for volatile

organic compounds shall

be

considered

major

for

ozone.

C)

The reconstruction of

a major stationary em4ss~ensource

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

7)

Primary copper

smelters

87—109

---

—24—

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 category which was

regulated as

of August

7,

1980,

by USEP

under

Section ill or

112 of the Clean Air Act

(42

U.S.C.

7411,

7412).

(Source:

Amended at

12

Ill. Reg.

______,

effective

______________

Section 203.207

Major Modification of

a Source

a)

Any Except as provided

in Subsection

(c),

a physical

change,

or change

in the method of operation

of

a major

stationary em~ss4onsource that would result

in a

significant net emissions increase of any pollutant7

for

which

the

area

is

designated

a

nonattainmertt

area,

that

a phys~e~~

ehenge Of change 4n the method oS

epe~a~ortsha~ne~4ne~de arty ae~v~y~s~ed be~ew~

shall

constitute

a

major

modification

of

a

source.

b)

Any net emissions

increase that

is significant

for

volatile organic compounds efgan~ema~ef±a~

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

aS

eompertert~swhich does not constitute reconstruction

pursuant

to Section 203.206(c).

87—110

---

—25-

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)

~

Wwas 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

prohibited

under any enforceable permit

condition wh4eh was established

after ~ha~

de~eDecember

21,

1976, pursuant

to

40 CFR

52.21,

as amended a~45 FR 52~57M~g~s~

~

~9887

Of

this ehap~efPart,

or

35 Ill Mm.

Code 201.142

or 201.143, or

B)

Is approved for

use under any permit issued

pursuant

to

49

9FR

5~2-~~7

as

amended

a~ 45

FR

5~’35T

At~g~is~

~

~9~O

Of

this ehap~efPart or

35

Ill. Mm. Code 201.142

or 201.143.

6)

An increase in the hours of operation or

in the

production

rate,

unless

such

change

we~d

be

is

prohibited under any enforceable permit condition

which was established

after December

21,

1976

pursuant

to 40 CFR 52.21,

as amended a~45

FR

5~-~5~g~s~~

~98O7 this Part,

or

35

Ill. Mm.

Code 201.142 or 201.143.

Of

~h~s

ehap~ef

Any

~nefease ~n em4ss~ons

0?

oegen-~ema~e~~e~

d~eth the

thmpefafy sh~dswnaS a eort~~e~

dev~eedt~f~ngseasena2

pef~odsas a~owed by

5

~-

Adm~eede

~

7)

Any change

in ownership at

a stationary source.

87—111

---

—26—

(Source:

Amended

at 12

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

an

em4ss~en source,

and any

other increases and decreases

in actual emissions at the em~ss~en

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)

An increase or decrease

in actual emissions

is contem-

poraneous 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.

~n the ease eS an

±nefease7

41t must also occur after either April

24,

1979,

or the date the area

is designated by the 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 credit-

able:

1)

Only

if there

is not

in effect no ethef pe~m~has

been 4ssued7 and for the source ~s s’e4~~n e??ee~

at the time when the particular change occurs

a

permit which

relied on the same increase or

decrease

in actual emissions;

and

~n the case oS a sha~dewnaS an em~ss~ortse~eee7

en~yth the e~en~that 4~4s be4ng sep~aeedby

a

s~m~afset~fee~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 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)

Pha~

T~heold level of actual emissions

or the old

level

of allowable emissions, whichever

is lower,

exceeds

the new level of actual emissions;

and

87—112

---

—27—

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. Mm.

Code 201.142 or

201.143

or for demonstrating attainment on

or

reasonable further progress

in the nonattainrnent

area which

the phys4~ea~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

12

Ill.

Reg.

-,

effective

______________

Section 203.209

Significant Emissions Determination

A

net emission increase

in the pollutant emitted

is significant

if

the

rate

of

emission

is

equal

to

or

in

excess

of

the

following:

a)

Carbon monoxide:

100 tons per year

(tpy)

b)

Nitrogen ocides:

40

tpy

c)

Sulfur dioxide:

40

tpy

d)

Particulate matter:

25 tpy

e)

Ozone:

40 tpy of e~gart~ema~ef4~e~

volatile organic

compounds

f)

Lead:

0.6 tpy

g+

bes~os~9~9O~7

~py

h+

Befy~m~ 9~8O84~py

4+

Mefe~fy~9~ ~py

V4ny~eh~ef1de~~ ~py

k+

F~tiof±des~

3 ~py

~

Se~S~tf±e

ee4d m~s~i~ ~py

m*

Hydfegen st~?~de+H~S+~~8 ~py

n~

Pe~a4~

feth~eedst~?t~~~ne~td~ng H~5+~~O ~py

87—I 13

---

—28—

0+

Red~eeds~?~f eempo~nds+~me~d~ngF~5+-~~

~py

(Source:

Amended

at

12 Ill. Reg.

______,

effective

_______________)

Section 203.210

Relaxation of

a Source—Specific Limitation

E~eep~those med~?4ea~ense~emp~edpt~fsttan~~e See~4en~O3--29~7

a~st~eh~me

that

a

~0f~Ot~0f

so’dfee

Of

med S~ea~enbecomes a

M8~0f

s~a~±onafy

9OtifO~

Of

MO~efmod~?~ea~ert

by v±ethe

0?

a

re~a,ea~en

4rt

arty en?ofeeab~e~4m~a~4en

wh~ehes~ab~shesa

spee4?4e sthndafd

SOf

~ha~ set~~ee

th em4~a pe~a~art~y

th4~s

St~bpaf~sha~~app’y

~e the set~~eeOf

med~?4ea~enas thotigh

eOns~ftie~4onhad ne~ye~eemmerteed~

a)

No person shall cause or allow the operation

of

a source

so

as

to

exceed

any

enforceable

limitation

which

affects

or defines

the applicability of the requirements

of

this

Part

to

a

stationary

source

or

modification

by

specifying the permissible emission rate,

operating

hours,

the type

or amount of material processed, stored

or combusted,

or other aspects

of source operation.

b)

At such time that

a particular source or modification

becomes

a major stationary source or major modification

solely

by

virtue

of

a relaxation

in,

or expiration of,

any

enforceable

limitation

which

was

established

after

August

7,

1980 on

the capacity of

the source or

modification otherwise to emit

a collutant,

such

as

a

restriction on hours of operation,

then the requirements

of this Part shall apply as though construction had not

yet commenced on the source or modification.

(Source:

Amended at

12

Ill. Reg.

______,

effective

______________)

Section

203.211

Permit

Exemption

Based

on

Fugitive

Emissions

The provisions

of this Part shall not apply

to

a source or

modification that would

be

a

major

stationary source or major

modification only

if fugitive emissions,

to the extent

quantifiable as evidenced by

35

Ill. Mm. Code 201.122,

are

considered

in

calculating

the

potential

to

emit

of

the

stationary

source or modification and the source does not belong

to any

of

the categories enumerated

in Section 203.206(d).

(Source:

Added

at

12

Ill. Reg.

______,

effective

______________

SUBPART C:

REQUIREMENTS FOR MAJOR STATIONARY

SOURCES

IN NONATTINMENT

AREAS

Section 203.301

Lowest Achievable Emission Rate

37—114

---

—29—

a)

For any source,

lowest achievable emission rate

(LAER)

will

be the more mess stringent rate of emissions based

on

the following:

1)

The

~ewes~

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 ~ewes~

most stringent emission limitation which

is achieved

in practice

Of

±S

aeh4e~ab~e

by such

a

class

or category of stationary

source.

-~

Of

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.

3+

Phe app~eab3enew so~~ee

pef?efmartee s~artdafd

eortth~ned~n 35

~

Adm~-?ede

-239-v

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 a~each emissions

se~~eeunit at which

a net s~gn4?~ean~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

emission

limitation was selected,

including

a

detailed

listing

of information resources,

2)

Alternative emission limitations, and

87—115

---

—30—

3)

Such other

reasonable

information

as

the

Agency may

request as necessary

to determine whether

the

proposed emission limitation

is LAER.

(Source:

Amended

at

12

Ill.

Reg.

______,

effective

______________

Section 203.302

Maintenance of Reasonable

Further Progress and

Emission Offsets

a)

Pof pa~~et~a~e

Ma~ef~

5t~?~f

d~e~de7ne~~egeno~des7

Of

eafben meno,~deem4~ss~ens~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

demens~fe~ethat

the source or

modification will not interfere with reasonable further

progress as set forth

in Section 173

of the Clean Air

Act.

by mee~rtgone

eS the Se~ew4ngfegtitfemen~s~

~

Pfev±d±rtgeg~a~

Of

gfea~efeni~ss-~en

eSSeeth Sef the

a~ewab~eem4ss~onsffem the se~t~eee~the ne~

4nefease ~n ei~4ss~ons?fem the mod~?4~ea~en7

and

demens~fa~4ng~ha~ ae~a~average

a±f

a~4~y

~

be ~mpfoved ~n the nertatha~rtmert~area end that a~

no ~oee~on

w4~~

the

~mpae~

e~eeeedthe e~gn~S~eart~

a4~g~iaH~y~mpae~

~eve~s eenth4ned ~n See~4ert

~

Bemons~fa~4ngthat

0±f

q~e~~y

~n the nena~a~nmen~

area w~2~be ~mpfoved a~e~efy~eea~4~ena??eethd

by

the new ma~o~soti~eee~med~?~ea~on7

baff4rtg the

ase oS d4spefs~enenheneemen~~eehn~g~ies-7

Of

9+

PfoY~d~ng

~rt

the ~mmed~a~e

e4n~y eS

the

set~fee

Of

med~?i~ea~ort

aethe~em~ss~eno??se~s a~a

aS ~

Of

gfeathf f4~-e~7

SOf

each ~on aS new

a~ewab~eem~ss~ens7

thece she~ be a~~eas~ ~725

torts e? ac~a~em~ss4eno??se~s+ pfov~dedthe~

s~aek

Of

em4ss±enpa~ame~e~s

do no~~nd~ea~e a

s~gn~?i~ean~

ad~efsee??ee~

ert

0±f

qua~~y~n

aeeesdanee w~hSee~en 2O3~-384fd+7d~e~e the

epe~a~enaS

the

seti~ee

Of

med~S~ee~ort-

b+

Fef ofgan4e Ma~ef’±a~

em4ss~ens7the

ewrte~

Of

O~~f0~0f

OS

a new ma~e~sot~~ee

Of

M0~ofmed~?~ee~ort

sha~

demons~fe~e~ha~ ~

does no~trt~ef?efew4~hfeesonab~e

?t~fthefp~eg~essby pfov±d±ngaetha~em~es~onoSSeeth

~rt

e~eessaS

the a~owab~eem~ss~ens?fom

the new seti~ee

Of

the rte~~rte~ease~n em4ss~ons

?fOffi

the mod~?4ea~4en~

87—116

---

—31—

b)

The Agency shall

allow

the use

of all or

some portion

of

the available growth margin

to satisfy subsection

(a)

if

the owner or operator can evidence that the possible

sources of emission offsets were investigated

and none

were available at

that

time.

(Source:

~Amended at

12

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.

Em4ss4en e??se~s can be eb~a4ne4

?fOm

S~a~40rtafy Of

S~g4~e

5O~feeS- Emission offsets must

be effective prior

to start—up of the new or modified

source.

b)

The emission offsets provided mae~:

1)

Must Bbe 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

~rt

a particular

change;

2)

Must, i~nthe case of

a shutdown, have occurred

since April

24,

1979 or

the date the area is

designated by the 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

87—117

---

—32—

the proposed new or modified source must

be

a

replacement

for

the shutdown or curtailment

5) Must Bbe enforceable by permit~

;

and

6)

Must not have been previously relied on,

as

demonstrated by the Agency,

in issuing any permit

pursuant to

35 Ill. Mm.

Code 201.142

or 201.143

or

this

Part,

or for demonstrating attainment

or

reasonable

further progress.

c)

The baselines

for determining emission offsets are as

follows:

~+

Pe~paf

c~a~ema~e~+PSPh-

s~?~f d~e~de

+se

+7

n~~egeno~de +N9~+and eafben menex-~de

+ee7

the epp~eeb~eem~ss~en~4m4~ eenth4ned

4n

th4s

~?

th~s

fate 4s g~ea~e~

then the

tfneon~fe4~edem~ssienfa~eythe

bese~ne she~~be

the ~neen~ee2~ed fa~e~-

2+

E~eep~

SOf

e~gen~ema~ef±a~~

~f no em~rss4en~a~e ~s

eenth~ned i~nth4s

ehap~ef7

the base~4nesha~ be

the ae~tia~em~ss4~enfe~e~-

1)

Except as provided

in subsection

(2),

the baseline

for 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 EJSEPA 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.

2)

If

the demonstration of reasonable further progress

and attainment of ambient air quality standards

approved by USEPA pursuant to Section llO(a)(2)

or

llO(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

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 for

sources

within an area,

and the source from which

the offset

is

to be obtained

is subject to

such

limitations,

the baseline for offsets shall be

the

lesser

of such limitation or the potential

to emit

of

the source.

87—118

---

—33—

3+

The base~ne fef ef~an±ema~e~±a~

sha~~be the

~essec

eS the ae~tia~

Of

e~ewab4e em~ss~ert~a~e~-

d)

The location of em~ssiensources providing

the emission

offsets:

~+

FO~TSP7 ~

N9~7

Of

so7

m~s~be s4grt~f~ean~

eOn~f±bt~efs

~O

SC

~oea~ed

~n the none

e~nmen~

area aS?ee~ed by

the

new

Of

mod~?~edse~iCee1

Of

1)

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

he 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

acceptability ot~ 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.

2)

Fof ofgan±ema~ef±e~7

mt~s~

be ~eea~ed w4th4rt 290

m42ee oS the

new

Of

med~?~edset~~ee~~S

the

app~-4een~ean demens~fa~et~s4nggertefa~2yaeeep~ed

0±f

gt~a2~ymede2s7 that the eS?ee~ aS the

pfopesed

eS?se~son

a~C

a~~y~s a~2eas~ as g~ea~as 4?

the set~~ee

aS

the

o??se~s was

w~h4n

the ~09 m42e

fad±~iS7these e??se~s sha~ be aeeep~ab2e~-Must,

for nitrogen oxides,

be

in the general vicinity of

the proposed new or modified source.

3)

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

modified source,

or from other areas which may be

contributing

to the ozone problem

at

the site

of

the new or modified source.

87—i 19

---

—34—

e)

Replacement of one volatile organic

compound with

another

of lesser reactivity

does not constitute

an

emission reduction.

(Source:

Amended

at 12 Ill.

Reg.

_____,

effective

—

)

Section 203.304

Exemptions

from Emissions Offset Requirement

(Repealed)

e+

The Ageney sha~ aflew the

tise of a~

Of

some pof~±onof

the

eva42ab2e

gfowth

mafg±n

~o sa~4s?y See~4ort

3-302

~+

The

owner

Of 0~~fO~OC

cart show

~ha~ pess4b2e

sot~~eesof em4ss4en e?Sse~s were 4rtves~4ga~edand

none were feesertab2y a~a4~ab2ea~

that ~4me7 and

2+

The

ewne~ e~

0~~CC~Of

eg~ees

th

eeeep~

pe~m±~

en e22 ?tithfe pefm±~sSef

the

se~i~eeOf

med4?4ea~on des4gned

th pCo~4de the fegU4Ced

em4ss4on o??se~ a~

the

eaC24es~

?k~iCe ~me

s~eh

e?Sse~s

beeeme feasonab2y ava42ab2e~

b+

See~4on

9~3O2~h~~e2

rtO~epp2y ~o a ma~o~s~a~4onaCy

Of

~O~OC

mod4S4ea~4on

4?

the

em4ss4erts SCOm

the

soefee7 o~the

ne~em4ss4ons 4nefease SCom the

med4?4ea~4ertweti~dbe

~empoCeCy7

thee

±57

e~4s~4ngSOC a

pef±sdof ~4me 2ess than ~wo yeafsr

e+

See~4on29-3~2+a+sha22 ne~epp2y ~o a ma~eCsth~4onafy

so~~eeOf ~O~OC med4f4ee~4on

4?

an e4e gee~4~yene~ys4s

shows

4~4s 2oee~ed4n a ~eC~4on of

a g4ven

nenatha4rtmert~e~eawhefe the a4f gua~4~ys~andaCdsa~e

rtO~be4rtg v4o2a~edend

4~

w432 no~ea~sean 4mpae~4n

the area

4rt wh4eh a4~gt~a2~4~y

s~andaCdea~ebe4ng

~4o2ath8 g~ea~e~

than

the

s4gn4?4ean~ a4f~

e~4~y4mpae~

2~e~e2s4n et~bsee~4on+d+7

Stieh

an ana~ys4ssha~ be

based

tipon d4spefs4on mede24ng and e4~’gtia~4~y

mort4~of4rtgpeffoemed by

the Agency

Of

4n eeeefdanee w4th

Agency pfoeedafes pt~~stiart~

~o ~Rti2es Set the Petfotmenee

of At~e~a24~y~mpae~

Arta~yees~o

be &sed 4n 5t~ppof~of

Pefm4~ App24ea~4e&t

and

~Ru3~es

Regatd4ng

Stibm4ss4on

of

A4C etie24~y~n?otme~4on

eb~a4ned

Stem Amb4en~

A4C

a~4~yMort4~etstindef

the

5en~te2of Pefm±~

as S4~edw4th the Seete~atyof S~a~e

4rt

Beeembef7

4~~-

The da~ewhen

the

em4ss4on e??se~

fe~ti4tementhmay be fes~f4ethd~o a ~4m4~ed pat~of

the

rtona~a4rtmen~

atea

4s

the de~ethat

stieh ana~ys4s 4s

eomp2e~edby

the

Agency et

the de~e

stieh ane~ys4s4s

a~pfo~edby the Agency7 and tedes±gna~±en

of

the area

whefe

the

ma~otse~tee

Of ma~otmod4S4ca~4on 4s ~e be

2eea~ed45 w~tdef?edefa~ fev2ew~

87—120

---

—35—

~f the em4ss4ons

SCOM

a ma~e~sth~4onafyset~~eeat

med4?4ea~4en a~edemens~fa~ed~e be gtea~e~than the

fo22ew4rtg 2e~e2syexemp~4en

~s~an~

th atibsee~4en+e)-

4s ne~e~a42ab2e

SOC

the ma~o~sth~4enafyseti~ee

Of

ma~ot

mod4S~ea~on7

S?~fF~?AN?EBEVELS

_________

Ann~a2 24—He~f

8—Hetie

3—Heat

2—Hettt

b~9

ug7’m

S eg~’m3

25

tig,’M9

TSP

hO

~g’m3

5 ~gy~m9

hO eg/m~3

?0

9-5 mg7’m3

2 mg/m3

e+

See~4en2O3~9O2~-a+she2~ne~app2y ~e

a ma~o~sth~4enafy

5O~fC~

Of

me~etmed~?4ea~4enSet peth±e~e~emathef 4?

4~w~2 be 2oea~ed4n an area wh~ehmeets

the

Se22ow4ng

ef±~eC±a~-

2+

The a~ee4s an a~a4nmen~area

SOC

the pC±maCy

~o~a2 s~ispendedpaf

e~i2a~ee4t

e~4~ye~andafd~

2+

The atea 4s ~ee~4ng

teaeenab2y a~a4~ab2~e

em4ss4en

off

3+

The a4e gtia24~yof the area

4s dom4na~edby agf4—

eti2-thfa2 and te2e~ed?tig4~4~epe22ti~an~sotiCeee~

4)-

The atea 2aeks ma~ot4ndus~t4e~deve~opmen~~

and

5+

The a~ee4s of a 2ow t~fbanpop~a~4ondens4~y~

(Source:

Repealed at

12

Ill.

Reg.

,

effective

______________

Section 203.305

Compliance by Existing Sources

The owner or operator

shall demonstrate that all major stationary

sources which he or she owns or

operates

(or which are owned

or

operated by any entity controlling or

controlled by,

or under

common control, with the owner

or operator)

in Illinois are

in

compliance,

or on a schedule for compliance, with all applicable

state and federal air pollution control

requirements.

For

purposes of this Section,

a schedule for compliance must be

federally enforceable

or contained

in

an order

of the Illinois

Pollution Control

Board or

a court decree.

(Source:

Amended at

12

Ill.

Reg.

______,

effective

______________)

Section 203.306

Analysis of Alternatives

37—121

---

—36—

For emission of volatile organic compounds ofgen4e ma~ef4a~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

12

111.

Reg.

,

effective

______________

SUBPART F:

OPERATION OF

A MAJOR STATIONARY SOURCE

OR MAJOR MODIFICATION

Section

203.601

Lowest

Achievable

Emission

Rate

Compliance

Requirement

No

person

shall

cause

or

allow

the

operation

of

a

new

major

stationary

source

or

major

modification

subject

to

the

eons~ttie~4onrequirements of Subpart

C,

except as

in compliance

with applicable LAER provisions established pursuant

to Section

203.301

for such source or modification.

(Source:

Amended at

12 Ill.

Reg.

,

effective

_____________

Section 203.602

Emission Offset Maintenance Requirement

No person shall

cause or allow

the operation

of

a new major

stationary source or major modification where the owner

or

operator has

wh4eh 4s tegt~±ted

~e demonstrated that

it would not

interfere with reasonable further progress7

by providing7

Of

wh4eh

must

4ne2~de emission

offsets

4n

a

demens~ta~4enpursuant

to Sections 203.302 and

2O3~G3

without maintaining

those

emission offsets or other equivalent offsets.

(Source:

Amended at 12

Ill.

Reg.

_____,

effective

_____________)

Section 203.603

Ambient Monitoring Requirement

(Repealed)

The ewnet ot ope~a~etof a new sth~4ertatyseutce

Of

M~~0f

mod4?4ee~4on sha~ eondtie~s~iehamb4ert~mort4~ef4ngas the Agency

de~etm4rtes 45 teasenab2y rteeessaty th es~ab24sh the

ef?ee~ of the

em4ss4orts Stem the sot~tee

Of

mod4S4ea~4onon amb4ert~a4t

a~4~y

4n the atea--

(Source:

Repealed at 12 111.

Reg.

,

effective

_____________

SUBPART G:

GENERAL MAINTENANCE

OF

EMISSION OFFSETS

87—122

---

—37—

Section 203.701

General Maintenance of Emission Offsets

No

person

shall

cease

to maintain emission offsets which were

provided

for

a

source

or

modification

which

is

subject

to

this

Part.

(Source:

Added at

12

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

Z~.i

,

1988

by a vote

of

7

O

.

~.

Dorothy

M.

G nn, Clerk

Illinois Pollution Control Board

0~’

1~)