ILLINOIS POLLUTION CONTROL BOARD
July 11, 2002
IN THE MATTER OF:
PROPOSED AMENDMENTS TO
GENERAL PERMITTING PROVISIONS
FOR PORTABLE EMISSION UNITS
AMENDMENTS TO 35 ILL. ADM.CODE
201
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R02-10
(Rulemaking - Air)
Proposed Rule. First Notice.
OPINION AND ORDER OF THE BOARD (by M.E. Tristano):
This matter comes before the Board on a proposal for rulemaking filed by the Illinois
Environmental Protection Agency (Agency) on November 30, 2001. The Agency proposed
that the Board amend its permitting rules for the control of air pollution section 201.142 and
add section 201.170 (35 Ill. Adm. Code 201.142). As these rules are not required by the
Clean Air Act, the Agency proposed the rules under the regular rulemaking provision of
Section 27 of the Environmental Protection Act (Act), rather than the fast track procedures of
Section 28.5 (415 ILCS 5/27, 285).
The proposal seeks to exempt certain smaller emissions sources from the requirement
for owners and operators to obtain new construction permits that are currently required by
Section 39 of the Act (415 ILCS 5/39 (2000)) each time the site of small emission units are
changed.
By today’s action the Board adopts, with modifications, the Agency proposal for first
notice. As two hearings have been held on the proposal, the Board does not presently plan to
hold an additional hearing unless one is requested during the first-notice period under Section
5-40 of the Administrative Procedure Act.
PROCEDURAL HISTORY
The Board has held two hearings in this matter. The first was held in Springfield,
Illinois on March 20, 2002, and the second in Chicago on April 9, 2002. At the first hearing
two Agency employees presented testimony in support of the proposal. Included was the
testimony of Rachel Doctors, Assistant Counsel and Mr. Harish B. Desai, Unit Manager of the
State Operating Permit Unit of the Permit Section of the Illinois Environmental Protection
Agency.
At the second hearing the Agency offered additional testimony and additional questions
were asked by the Board.
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Three exhibits were admitted at hearing: Exhibit 1. ERRATA Sheet by proponents;
Exhibit 2. testimony of Mr. Harish Desai; Exhibit; and 3. Addendum to the testimony of Mr.
Harish Desai.
There were no members of the public in attendance at the hearings. The Board
received no public comments regarding the proposed rule.
PROPOSAL DEVELOPMENT
In 1997, Section 39 of the Act (415 ILCS 5/et. seq.) was amended to establish a
lifetime
permit program. Pursuant to P.A. 90-367, eff. June 17, 1998, the Board adopted revised rules
providing that emission sources not subject to Section 39.5 of the Act or required to have a
federally enforceable state operating permit (“FESOP”) shall have operating permits that are
required to be renewed only upon request by the Agency or if circumstances warrant a revised
permit. Amendments to General Permitting Provisions to Require Perpetual Permits for
Certain Sources: Amendment to 35 Illl. Adm. Code 201, R98-13 (June 17, 1998).
Circumstances requiring a revised operating permit or construction permit include change in
ownership, construction or modification of an emission unit at a source pursuant to Section
201.169(c). “Construction” is defined as “commencement of on-site fabrication, erection or
installation of an emission source or of air pollution control equipment.” 35 Ill. Adm. Code
201.102.
The Agency has identified a subset of emission units that despite having a
lifetime
operating permit, are required to repeatedly apply and obtain new construction and
lifetime
operating permits solely because of a change in location of the emission unit or units. The
Agency believes that the new permit applications for portable emission units contain essentially
the same information as previously submitted only modifying the address to the new location
or site. The Agency has stated that there are approximately 500 emission units that could
change sites at least once annually without increasing their emissions or changing their
operations. Stat. of Reasons at 2. The Agency expects 15 to 20% of the eligible units will
take advantage of this rulemaking. The amendments are intended to cover rock crushers,
concrete batch plants, debris grinders, and portable generators as well as certain solvent
recovery or tank cleaning operations. Stat. of Reasons at 7.
Pursuant to Section 39 of the Act, the Agency has 90 days to take final action on a
permit application. This timeframe has caused problems for some owners or operators
inhibiting them from accepting a contract or completing a contractual activity within the dates
specified. The Agency suggests this is an unnecessary administrative burden on both parties.
Stat. of Reasons at 2-3.
The Agency proposal would exempt an owner or operator from the requirements to
obtain a new construction/operating permit for certain portable emission units solely based on
location change. This concept of issuing a single permit to an emission unit that may operate
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at multiple sites is consistent with provisions for temporary sources under the Clean Air Act
Permit Program (CAAPP). Section 39.5(231) of the Act provides: The Agency may issue a
single permit authorizing emission from similar operations by the same source owner or
operator at multiple temporary locations, except for sources which are affected sources for acid
deposition under Title IV of the Clean Air Act. 415 ILCS 39.5(21)(a). Stat. of Reasons at 3.
PROPOSAL OVERVIEW
Section 201.142 – Construction Permit Required
Currently, this Section prohibits persons from constructing or modifying emission units
without first obtaining a construction permit from the Agency, unless the emission unit or units
is exempt pursuant to Section 210.146. When an owner or operator changes the site of an
emission unit or units, the owner or operator is required to obtain a new or revised permit.
The Agency is proposing to amend Section 201.142 to reference the proposed new Section
201.170 exempting portable emission units from this requirement under certain circumstances.
Section 201.170 – Portable Emission Units
The Agency is proposing to add Section 201.170 which specifies conditions under
which an owner/operator holding a lifetime permit for an emission unit may be exempted from
obtaining a new construction or operating permit each time the location of the unit or units is
changed or modified.
Section 201.170(a) outlines the criteria which must be met to be eligible for exemption
.
These criteria are:
1. Emissions from the unit(s) are temporary in nature, less than one year at any
one site;
2. Emission unit(s) are subject to the requirements of the “Lifetime Permit
Program” pursuant to Section 201.169;
3. Emission unit(s) must be permitted to emit less than 25 tons per year (TPY) of
any combination of regulated pollutants;
4. Emission unit(s) must be portable as demonstrated by being mounted on chassis
or skids designed to move; and
5. Emission unit(s) must not be used as a thermal desorption or incinerator system
pursuant to 35 Ill. Adm. Code 728. Table F.
Section 201.170(b) specifies conditions under which the owner or operator may change
the site of an emission unit without obtaining a new construction or operating permit pursuant
to Sections 201.142, 201.143, and 201.169. There are six conditions to qualify:
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1. The owner/operator has obtained a
lifetime
construction/operating permit for the
emission unit or units or is exempt from that requirement;
2. All units contained in the
lifetime
permit must relocate as a group;
3. The owner/operator may not move the emission unit(s) to a site that has a source
subject to the CAAPP pursuant to Section 39.5 of the Act or that would become
subject to the CAAPP if the emissions from the portable emission unit(s) are
included;
4. The portable emissions unit(s) may not be modified in any way so as to make
the unit(s) subject to New Source Review pursuant to 35 Ill. Adm. Code 203 or
to Prevention of Significant Deterioration pursuant to Section 9.1(a) of the Act;
5. The owner or operator must formally notify the Agency prior to site relocation;
and
6. The owner or operator is required to have a copy of the permit on-site where the
portable emission unit(s) operate.
At the second hearing, the Agency offered an amendment to Section 201.170(b)(5)
which included a three day pre-relocation notification and clarifying language. Tr. 2 at 10-11.
The Agency rejected the usage of E-Mail and alternative private delivery services because of
processing concerns. Tr. 2 at 14-16.
Section 201.170(c) requires owners or operators of portable emission unit or units to
obtain new or amended construction and operating permits containing special conditions for
changing the site pursuant to Sections 201.142, 201.143, and 201.169 prior to the initial site
change. It, also, mandates a yearly relocation of said portable emission unit or units to remain
eligible for consideration under Section 201.170.
Another issue raised at hearing was whether the proposed rule should include a
reference to 35 Adm. Code, Section 201.144 for existing units constructed or modified prior to
April 14, 1972. The Agency rejected the need to offer such a reference inclusion. The
Agency’s rationale was that the portable emissions unit or units subject to these proposed rule
revisions would not be subject to review under 35 Adm. Code, Section 201.144. Rather, the
permit application would be reviewed instead under 35 Adm. Code, Sections 201.142 and
201.143 for the
new
emission unit rules. The
existing
emission unit becomes subject to the
“new” emission unit rules by virtue of its change in location. Tr. 2 at 10-11.
ECONOMIC CONSIDERATIONS
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The only economic evidence currently in the record is that adoption of the proposed
amendments would have a beneficial economic impact on both the Agency and
owner/operators of portable emission unit or units. The Agency estimated savings to the State
of $150,000 per year. Stat. of Reas. at 8. Owners and operators would still be required to pay
a site fee of $100 for each location pursuant to Section 9.6(b) of the Environmental Protection
Act. Prefiled Testimony of Desai at 6. No estimate was given as to savings benefiting the
owner or operator due to more efficient permit processing for the portable emission units.
CONCLUSION
Based on the record developed to date in this matter, the Board finds that adoption of
the following amendments, as requested by the Illinois Environmental Protection Agency, for
the purposes of first notice is warranted. As two hearings have been held on the proposal, the
Board does not presently plan to hold an additional hearing unless one is requested during the
first-notice period under Section 5-40 of the Administrative Procedure Act.
ORDER
The Board directs the Clerk to cause the filing of the following with the Secretary of
State for first-notice publication in the
Illinois Register
.
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 201
PERMITS AND GENERAL PROVISIONS
SUBPART A: DEFINITIONS
Section
201.101 Other Definitions
201.102 Definitions
201.103 Abbreviations and Units
201.104 Incorporations by Reference
SUBPART B: GENERAL PROVISIONS
Section
201.121 Existence of Permit No Defense
201.122 Proof of Emissions
201.123 Burden of Persuasion Regarding Exceptions
201.124 Annual Report
201.125 Severability
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201.126 Repealer
SUBPART C: PROHIBITIONS
Section
201.141 Prohibition of Air Pollution
201.142 Construction Permit Required
201.143 Operating Permits for New Sources
201.144 Operating Permits for Existing Sources
201.146 Exemptions from State Permit Requirements
201.147 Former Permits
201.148 Operation Without Compliance Program and Project Completion Schedule
201.149 Operation During Malfunction, Breakdown or Startups
201.150 Circumvention
201.151 Design of Effluent Exhaust Systems
SUBPART D: PERMIT APPLICATIONS AND REVIEW PROCESS
Section
201.152 Contents of Application for Construction Permit
201.153 Incomplete Applications (Repealed)
201.154 Signatures (Repealed)
201.155 Standards for Issuance (Repealed)
201.156 Conditions
201.157 Contents of Application for Operating Permit
201.158 Incomplete Applications
201.159 Signatures
201.160 Standards for Issuance
201.161 Conditions
201.162 Duration
201.163 Joint Construction and Operating Permits
201.164 Design Criteria
201.165 Hearings
201.166 Revocation
201.167 Revisions to Permits
201.168 Appeals from Conditions
201.169 Special Provisions for Certain Operating Permits
201.170 Portable Emission Units
SUBPART E: SPECIAL PROVISIONS FOR OPERATING PERMITS FOR CERTAIN
SMALLER SOURCES
Section
201.180 Applicability (Repealed)
201.181 Expiration and Renewal (Repealed)
201.187 Requirement for a Revised Permit (Repealed)
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SUBPART F: CAAPP PERMITS
Section
201.207 Applicability
201.208 Supplemental Information
201.209 Emissions of Hazardous Air Pollutants
201.210 Categories of Insignificant Activities or Emission Levels
201.211 Application for Classification as an Insignificant Activity
201.212 Revisions to Lists of Insignificant Activities or Emission Levels
SUBPART G: EXPERIMENTAL PERMITS
(Reserved)
SUBPART H: COMPLIANCE PROGRAMS AND PROJECT COMPLETION SCHEDULES
Section
201.241 Contents of Compliance Program
201.242 Contents of Project Completion Schedule
201.243 Standards for Approval
201.244 Revisions
201.245 Effects of Approval
201.246 Records and Reports
201.247 Submission and Approval Dates
SUBPART I: MALFUNCTIONS, BREAKDOWNS OR STARTUPS
Section
201.261 Contents of Request for Permission to Operate During a Malfunction, Breakdown
or Startup
201.262 Standards for Granting Permission to Operate During a Malfunction, Breakdown
or Startup
201.263 Records and Reports
201.264 Continued Operation or Startup Prior to Granting of Operating Permit
201.265 Effect of Granting of Permission to Operate During a Malfunction, Breakdown or
Startup
SUBPART J: MONITORING AND TESTING
Section
201.281 Permit Monitoring Equipment Requirements
201.282 Testing
201.283 Records and Reports
SUBPART K: RECORDS AND REPORTS
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Section
201.301 Records
201.302 Reports
SUBPART L: CONTINUOUS MONITORING
Section
201.401 Continuous Monitoring Requirements
201.402 Alternative Monitoring
201.403 Exempt Sources
201.404 Monitoring System Malfunction
201.405 Excess Emission Reporting
201.406 Data Reduction
201.407 Retention of Information
201.408 Compliance Schedules
Appendix A Rule into Section Table
Appendix B Section into Rule Table
Appendix C Past Compliance Dates
AUTHORITY: Implementing Sections 10, 39, and 39.5 and authorized by Section 27 of the
Environmental Protection Act [415 ILCS 5/10, 27, 39, and 39.5].
SOURCE: Adopted as Chapter 2: Air Pollution, Part I: General Provisions, in R71-23, 4 PCB
191, filed and effective April 14, 1972; amended in R78-3 and 4, 35 PCB 75 and 243, at 3 Ill.
Reg.30, p. 124, effective July 28, 1979; amended in R80-5, at 7 Ill. Reg. 1244, effective January
21, 1983; codified at 7 Ill. Reg. 13579; amended in R82-1 (Docket A) at 10 Ill. Reg. 12628,
effective July 7, 1986; amended in R87-38 at 13 Ill. Reg. 2066, effective February 3, 1989;
amended in R89-7(A) at 13 Ill. Reg. 19444, effective December 5, 1989; amended in R89-7(B)
at 15 Ill. Reg. 17710, effective November 26, 1991; amended in R93-11 at 17 Ill. Reg. 21483,
effective December 7, 1993; amended in R94-12 at 18 Ill. Reg. 15002, effective September 21,
1994; amended in R94-14 at 18 Ill. Reg. 15760, effective October 17, 1994; amended in R96-17
at 21 Ill. Reg. 7878, effective June 17, 1997; amended in R98-13 at 22 Ill. Reg. 11451, effective
June 23, 1998; amended in R98-28 at 22 Ill. Reg. 11823, effective July 31, 1998; amended in
R02 -10, at ________ Ill. Reg_______, effective ___________.
SUBPART C: PROHIBITIONS
Section 201.142 Construction Permit Required
No person shall cause or allow the construction of any new emission source or any new air
pollution control equipment, or cause or allow the modification of any existing emission source
or air pollution control equipment, without first obtaining a construction permit from the
Agency, except as provided in Sections 201.146 or Section 201.170(b) of this Part.
(Source: Amended at _____ Ill. Reg. __________, effective ______________________)
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SUBPART D: PERMIT APPLICATIONS AND REVIEW PROCESS
Section 201.170 Portable Emission Units
a)
An emission unit or units is portable provided that the emission unit or units
meets the following criteria.
1)
Emissions from the emission unit or units are expected to occur for less
than one year at any one site.
2)
The emission unit or units of air pollution is subject to the requirements
of Section 201.169 of this Subpart.
3)
The emission unit or group of emission units that will be changing sites
is permitted to emit less than 25 tons per year of any combination of
regulated air pollutants.
4)
The emission unit or units is mounted on a chassis or skids and is
designed to be moveable.
5)
The emission unit or units is not used as a thermal desorption system
pursuant to 35 Ill. Adm. Code 728.Table F or as an incinerator system.
b)
An owner or operator of a portable emission unit or units meeting the
requirements of subsection (a) of this Section may change the site of such unit or
units without obtaining a new construction or operating permit pursuant to
Section 201.142, 201.143, or 201.169 of this Part, provided that the owner or
operator meets the following requirements:
1)
The owner or operator has obtained a construction and operating permit
containing special conditions as required by subsection (c) of this Section
for such emission unit or units, or is exempt pursuant to subsection (d) of
this Section.
2)
If a permit issued pursuant to subsection (c) of this Section includes more
than one emission unit, the owner or operator shall move all emission
units covered by the permit to the new site.
3)
The owner or operator does not locate the emission unit or units on a site
with a source:
A)
That is subject to the requirements of Section 39.5 of the Act; or
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B)
That would become subject to the requirements of Section 39.5 of
the Act if the emissions of all regulated pollutants from the
portable emission unit or units were included in such source’s
potential to emit.
4)
The owner or operator does not modify the operation of the emission
unit or units in such a way so as to:
A)
Make the emission unit or units subject to New Source Review
(NSR) requirements pursuant to 35 Ill. Adm. Code 203 or to
Prevention of Significant Deterioration (PSD) pursuant to Section
9.1(a) of the Act; or
B)
Make the emission unit or units a support facility of a source that
is subject to Section 39.5 of the Act.
5)
At least three days prior to moving the emission unit or units to a new
site, the owner or operator shall notify the Agency by certified mail.
The notification shall include the items listed below, unless the emission
unit or units is exempt pursuant to subsection (d) of this Section:
A)
The location of the new site;
B)
The estimated emissions of all regulated air pollutants while
located at the new site; and
C)
That the operation for such emission unit or units will be
consistent with its construction and operating permits.
6)
The owner or operator shall keep a copy of the construction and
operating permits for that emission unit or units on the site where the
emission unit or units are in operation.
c) Permit Requirements.
1)
The owner or operator of an emission unit or units must obtain a new or
amended construction and operating permit containing special conditions
for changing the site of the portable emission unit or units pursuant to the
requirements of Sections 201.142, 201.143 and 201.169 of this Subpart
prior to an initial change in site of an emission unit or units. The permit
application, in addition to the information required pursuant to Section
201.152, 201.157 and 201.169 of this Part, must contain the following
information:
A)
The initial site of the emission unit or units;
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B)
A permanent address where correspondence may be sent to the
owner or operator; and
C)
The permanent site of any required operating records.
2)
If the portable emission unit or units has a permit pursuant to this
subsection, but has not changed sites within the prior twelve months at
least once, the owner or operator shall obtain a revised permit prior to
changing the site of the emission unit or units.
d)
The owner or operator of a portable emission unit or units that is included in
more than one operating permit and meets the requirements of subsections (a)(2)
through (a)(5), (b)(3), (b)(4) and (b)(6) of this Section may change the site of
such unit or units without obtaining a new construction or operating permit
pursuant to Section 201.142, 201.143 or 201.169 of this Part when such unit or
units is moved to a site covered by such permit.
(Source: Added at _____ Ill. Reg. __________, effective ________________________)
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above opinion and order on July 11, 2002, by a vote of 5-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
