ILLINOIS POLLUTION CONTROL BOARD
July 14,
1983
IN THE
MATTER
OF:
MAJOR STATIONARY SOURCES
)
R81--16
CONSTRUCTION AND MODIFICATION
)
Docket B
PART 203 OF
CHAPTER
2:
AIR POLLUTION
ADOPTED_RULE.
FINAL ORDER.
ORDER OF THE BOARD
(by J.
D.
I)umelle):
It
is the Order of the Pollution Control Board that Chapter
2:
Air Pollution Regulations be amended by the addition of
Part 203:
Major Stationary Source Construction and Modification,
as set out below.
This Order conforms to the Opinion adopted
in this matter this same day.
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
Definitions
Unless a different meaning of the term is clear from its context,
the definitions of terms used for this Part shall
be the same as
those used in the Pollution Control Board Rules and Regulations,
Chapter
2:
Air Pollution.
Section 203,104
Actual Emissions
The actual rate of annual emissions of a pollutant from an
operational emission source for a particular date equal
to
the mean rate at which the emission source actually emitted
the pollutant during the two—year period which immediately
precedes the particular date and which is determined by the
Illinois Environmental Protection Agency (Agency)
to be
representative of normal emission source operation;
however:
53-29
2
a)
The
Agency shall allow the use of a different time
period upon a determination that it is more repre-
sentative of normal emission source operation.
The
burden shall
be on the applicant to demonstrate that
another time period is more representative.
Actual
emissions shall
be calculated using the emission
source~sactual operating hours, production rates,
and types of materials processed,
stored, or corn—
busted during the selected time period.
b)
If the Agency determines that there is inadequate
information to determine actual emissions as indi-
cated in the preceding paragraphs,
the Agency shall
use the potential to emit of the emission source.
Section 203.107
Allowable Emissions
a)
The emission rate of an emission source is calculated
using the maximum rated capacity of the emission
source
(unless the emission source is subject
to permit
conditions or other enforceable limits which restrict
the operating rate,
or hours of operation, or both)
and the more stringent of the following:
1)
the applicable emission standard or limitation
contained in this Chapter,
including those with
a future compliance date; or
2)
the emissions rate specified as
a permit condition
including those with a future compliance date.
b)
The allowable emissions may be expressed as a permit
condition limiting annual emissions or material or
fuel throughput.
c)
Allowable emissions shall include
a reasonable esti-
mate of emissions in excess of applicable standards
during start—up, malfunction, or breakdown,
as appro-
priate, only if
the
provisions of Rule 105 of this
Chapter have been complied with.
d)
If an
emission
source
is
not
subject
to
an
emission
standard under provision
(a) and is not conditioned
pursuant to provision
(b), the allowable emissions
shall
be the source1s potential
to emit.
Section 203.110
Available Growth Margin
The
difference
between
total
allowable
emissions
consistent
with reasonable further progress and projected actual
emissions in a nonattainment area.
53-30
3
Section 203.113
Commence
As applied to construction of a major stationary source
or major modification means that the owner or operator has:
a~
Begun, or caused
to begin, a
continuous program of
actual on-site construction of the source, to be
completed.
within
eighteen months after the date the
permit
is granted;
or
b)
Entered
into
binding
agreements
or contractual obliga-
tions, which cannot be cancelled or modified without
substantial
loss
to
the
owner
or
operator,
to
undertake
a
program
of
actual
construction
of
the
source.
Section
203.116
Construction
Any
physical
change
or
change
in
the
method of operation,
including
hut not limited to
fabrication,
erection,
installation,
demolition, or modification
of an emissions source, which would
result in
a change
in actual emissions.
Section 203.119
Emission
Baseline
The starting point or reference level
from which increases and
decreases
in
emissions
are
measured.
The
rules
governing
determination
of
emission
offsets,
calculations
of
net emission
increases, and evaluation
of
alternative control strategies
specify the particular emission baseline that applies for that
purpose.
Section
203,122
Emission
Offset
A
creditable
emission
reduction
used
to
compensate
for
the
increase
in
emissions
resulting
from a new
major
source
or
a
major
modification.
Section 203.125
LAER
Abbreviation
for lowest achievable emission
rate,
Section 203.128
Potential
to
~it
The maximum capacity of
a stationary source
to emit
a pollutant
under its physical and operational design. Any physical or
operational
limitation
on
the capacity of the
source
to
emit
a
pollutant,
including
air
pollution
control
equipment
and
restrictions
on
hours of operation or on the type or amount of
material combusted,
stored, or processed,
shall
be
treated as
part of its design only if the limitation or the
effect it
would have on emissions is enforceable.
Secondary emissions
do not count in determining the potential to emit of a
stationary source.
53-31
4
Section 203.131
Reasonable Further Progress
Annual incremental reductions in the emissions of
the
applicable
air pollutant sufficient to provide for attainment of the National
Ambient
Air
Quality Standards as expeditiously as practicable, in
accordance with Part D of the Clean
Air Act
(42 U.S.C. 7501
fl
~q.)
and 40 CFR 51.15 as amended at
44
FR
27569,
May
10,
1979.
Section 203.134
Secondary Emissions
Emissions which 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 reasonably
foreseeable offsite support facility which would not otherwise
be constructed or increase its emissions as a result of thb
construction or operation of the major stationary source or
major modification.
Section 203.150
Public Participation
At the initiation of a
permit
application pursuant to Subpart
B,
the
Agency
shall
provide
at
a
minimum,
notice
of
the
same
and
a
comment
period
pursuant
to
the
Agency
public
partici-
pation
procedures.
Section
203.155
Severability
Notwithstanding
Rule
113
of
this
Chapter,
if
any
provision
of
Part
203
is
stayed
or
declared
invalid
by
a
final
order,
no
longer
subject
to
appeal,
of
any
court
of
competent
juris-
diction, then the entirety of Part 203 shall be deemed stayed
or
invalidated
until
the
stay
is
lifted
or
the
Pollution
Control
Board
acts
to
revalidate
the
Part.
SUBPART
B:
MAJOR
STATIONARY
EMISSIONS
SOURCES
IN
NONATTAINMENT
AREAS
Section 203.201
Prohibition
No person shall cause or allow the construction of a new major
stationary
source
or
major
modification
in
an
area
designated
as
nonattainment
as
defined
at
Section 171(2) of the Clean
Air
Act
(42
U.S.C.
7501.2)
with
respect
to
that
pollutant,
except
as
in
compliance with this Part for that pollutant.
53-32
5
Section 203.202
Preconstruction Permit Application and
Requirement
a)
Applications for preconstruction permits shall contain
sufficient information to demonstrate that the source
constitutes
or
does
not
constitute
a
new
major
source
or major modification pursuant to this Subpart.
b)
A preconstruction permit designating the proposed
construction as
a new major source or major modifica-
tion
is
required
prior
to:
1)
entering into binding agreements or contractual
obligations,
which cannot be cancelled or
modified without substantial loss to the owner
or operator,
to undertake a program of actual
construction of
a source to be completed within
a reasonable
time;
2)
initiating physical on—site construction activities
which are permanent in nature including but
not limited to installation of building sqpports
and foundations,
laying underground pipework
and construction of permanent storage structures;
or
3)
initiating a change
in operations which may be
subject to this Subpart and Subpart C.
Section 203.203 Construction Permit Requirement and Application
a)
A construction permit is required prior to having
begun or having caused to begin a continuous program
of actual on—site construction or change in opera-
tions of the source.
Such permit shall contain enforce-
able conditions satisfying the requirements Subparts
B
and C.
b)
Applications for construction permits required
under this Section shall contain sufficient information
to demonstrate compliance with Rule 103,
and the
requirements of this Subchapter including,
but not
limited to,
Subpart
C.
Section 203,204
Duration of Construction Permit
A permit to construct shall become invalid if the permittee has
not commenced construction within
18 months after receipt of
such permit, construction is discontinued for a period of 18
consecutive months or more.
However, this provision does not
apply
to
the
time
period
between
construction
of
the
approved
phases of
a phased construction project; each phase must begin
actual construction within
18 months of the dates contained in
the permit application.
53-33
6
Section 203.205
Effect of Preconstruction and Construction Permits
Neither a preconstruction nor a construction permit shall
relieve
any person of the responsibility to comply fully with applicable
provisions of the Environmental Protection Act
(Ill.
Rev.
Stat.
1981,
ch.
111½, pars.
1001
et
~.),
the
regulations
contained
in
35
Ill.
Adm.
Code,
the
Clean
Air
Act
(42
U.S.C.
7401
et
~j.)
and
federal
regulations
adopted
thereunder
through the effective date
of this Subpart,
Section 203.206
Major Stationary Emission Source
A major stationary emission source that is major for organic
material shall be considered major for ozone.
The following
constitutes a major stationary emission source:
a)
Any
stationary emission source of air pollutan~swhich
emits, or has the potential to emit,
100 tons per year
or more of any pollutant,
b)
Any physical change that would occur at a stationary
emission source not qualifying under paragraph
(a)
as
a major stationary emission source, if the change
would constitute a major stationary emission source
by itself,
c)
The
reconstruction of a stationary emission source
will be treated as the construction of a new major
stationary source if the fixed capital cost of new
components exceeds approximately half of the fixed
capital cost of an entirely new stationary source.
Determining whether reconstruction will occur is
based on the following:
1)
fixed capital cost shall mean
the
capital needed
to provide all the depreciable components;
2)
the fixed capital cost for the replacements
in
comparison to the fixed capital cost that would
be required to construct
a comparable entirely
new source;
3)
the estimated life of the source after the replace-
ments 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.
Section 203.207
Major Modification of
a Source
Any physical change, or change in the method of operation of
a stationary emission source that would result in a significant
net emissions increase of any pollutant,
except that
a physical
53-34
7
change or change in the method of operation shall not include
any activity listed below.
Any
net emissions increase that is
significant for organic material shall
be considered significant
for ozone.
a)
Routine maintenance,
repair, and replacement of com-
ponents which do not constitute reconstruction pursuant
to Section 203.206(c).
b)
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.)
c)
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).
d)
Use of an alternative fuel at a steam generating unit
to the extent that the fuel
is generated from munici-
pal solid waste.
e)
Use of an alternative fuel or raw material by a sta-
tionary source which:
1)
it was capable of accommodating
before December 21,
1976 unless such change would be prohibited under
any enforceable permit condition which was
established after that date pursuant to 40 CFR
52.21
as amended at 45 FR 52735, August
7,
1980;
or
2)
is approved for use under any permit issued
pursuant to 40 CFR 52.21 as amended at 45 FR 52725,
August
7,
1980 or this Chapter.
f)
An increase in the hours of operation or in the pro-
duction rate,
unless such change would be prohibited
under any enforceable permit condition
which was
established after December 21,
1976 pursuant to
40 CFR 52.21 as amended at 45 FR 52735, August
7,
1980
or this Chapter.
g)
Any
increase in emissions of organic material due to
the temporary shutdown of a control device during
seasonal periods as allowed by this Chapter.
h)
Any change in ownership at a stationary source.
53-35
8
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 an emission source,
and any
other increases and decreases in actual emissions at the emis-
sion 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.
In the case of
an increase, it must also occur after either April 24,
1979 or the date the area
is designated by United
States Environmental Protection Agency 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 no other permit has been issued,
and is
still
in effect when the particular change occurs,
which relied on the same increase or decrease in
actual emissions;
2)
in the case of a shutdown of an emission source,
only to the extent that it is being replaced
by a similar source;
and
3)
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 sig-
nificance for public health and welfare as that
attributed to the increase from the particular
change;
3)
that the old level
of actual emissions or the
old level of allowable emissions, whichever is
lower,
exceeds the new level of actual emissions;
and
53-36
9
4)
it
is demonstrated by the Agency not to have
been previously relied on for demonstrating
attainment on reasonable further progress
in
the nonattainment area which the physical change
will
impact.
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 oxides:
40 tpy
c)
Sulfur dioxide:
40 tpy
d)
Particulate matter:
25 tpy
e)
Ozone:
40 tpy of organic material
f)
Lead:
0.6 tpy
g)
Asbestos:
0.007 tpy
h)
Beryllium:
0.0004 tpy
i)
Mercury:
0.1
tpy
j)
Vinyl chloride:
1 tpy
k)
Fluorides:
3 tpy
1)
Sulfuric acid mist;
7 tpy
m)
Hydrogen sulfide
(H2S):
10 tpy
n)
Total reduced sulfur (including H2S):
10 tpy
o)
Reduced sulfur compounds (including H2S):
10 tpy
Section 203.210
Relaxation of a Source—Specific Limitation
Except those modifications exempted pursuant to Section 203.207,
at such time that a particular source or modification becomes a
major stationary source or major modification by virtue of a
relaxation in any enforceable limitation which establishes a
specific standard for that source to emit
a pollutant,
this
Subpart shall apply to the source or modification as t”ough
construction had not yet commenced.
53*37
10
SUBPART C:
REQUIREMENTS FOR MAJOR STATIONARY SOURCES IN
NONATTAINMENT AREAS
Section 203.301
Lowest Achievable Emission Rate
a)
For any source,
lowest achievable emission rate
(LAER)
will be the most stringent rate of emissions based on
the following:
1)
The lowest
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;
2)
The
lowest
emission
limitation
which is achieved
in
practice
or
is achievable by such a class
or
category
of
stationary
source;
or
3)
The applicable new source performance standard
contained
in
Part
IX
of
this
Chapter.
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 modifica-
tion will produce LAER at each emissions
source
at
which
a signi ficant 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
iir~itations
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
3)
such
other
reasonable information as
the
Agency
may
request
as
necessary
to
determine whether the proposed emission
limitation is LAER.
11
Section 203.302 Maintenance of Reasonable Further Progress
and Emission Offsets
a)
For particulate matter,
sulfur dioxide, nitrogen
oxides, or carbon monoxide emissions,
the owner
or operator of a new major source or major
modification shall demonstrate that the source
or modification will not interfere with reasonable
further progress by meeting one of the following
requirements:
1)
Providing equal or greater emission offsets for
the allowable emissions from the source or the
net increase in emissions from the modification,
and demonstrating that actual average air quality
will be improved in the nonattainment area and
that at no location will the impact exceed the
significant air quality impact levels contained
in Section 203.304(d);
2)
Demonstrating that air quality
in
the
nonattainment area will be improved at
every location affected by the new major
source or modification, barring the use of
dispersion enhancement techniques;
or
3)
Providing in the immediate vicinity of the source
or modification actual emission offsets at a ratio
of 1.25:1 or greater
(i.e.,
for each ton of new
allowable emissions,
there shall
be at least 1.25
tons of actual emission offsets) provided that
stack or emission parameters do not indicate a
significant adverse effect on air quality in
accordance with Section 203.304(d), due to
the operation of the source or modification.
b)
For organic material emissions,
the owner or operator
of a new major source or major modification shall
demonstrate that it does not interfere with reasonable
further progress by providing actual emission offsets
in excess of the allowable emissions from the new
source or the net increase in emissions from the
modification,
Section 203.303
Baseline and Emission Offsets Determination
a)
An emission offset must be obtained from a source in
operation prior to the permit application for the new
or modified source.
Emission offsets can be obtained
from stationary or fugitive sources.
b)
The emission offsets provided must be:
53-39
12
1)
of a type with approximately the same quali-
tative significance for public health and wel-
fare as that attributed to the increase in
a
particular change;
2)
in the case of a shutdown,
it must have occurred
since April
24,
1979 or the date the area is
designated by the United States
Environmental
Protection Agency as a nonattainment area for
the pollutant, whichever is more recent, and
the shutdown source is being replaced by
a similar new source;
and
3)
enforceable
by
permit.
c)
The baselines
for
determing
emission
offsets
are
as
follows:
1)
For particulate matter
(TSP),
sulfur dioxide
(SO
), nitrogen oxide
(NO
) and carbon monoxide
(CO~,the applicable emis~ionlimit contair~ed
in
this
Chapter0
If
this
rate
is
greater
than
the
uncontrolled
emission
rate,
the
baselir~e
shall
be the uncontrolled rate0
2)
Except for organic material,
if no emissior4 rate
is contained in this Chapter, the baseline shall
be the actual emission rate0
3)
The baseline
‘for organic material shall be the
lesser of the actual or allowable emission rate.
d)
The location of emission sources providing the emis-
sion offsets must be
1)
for TSP7
SO2,
NO
,~
or CO,
these sources must be
significant
~cont~ihutors
to
or
located
in
‘the
nonattainment
area
affected
by
the new or
modified
source;
or
2)
for organic material, these sources must be
located within 100 miles
of the new or modified
source.
If the applicant can demonstrate using
generally accepted air quality models, that the
effect of the proposed offsets on air quality is
at least as great as
if the source of the offsets
was within the 100 mile radius,
these offsets
shall be acceptable.
53-40
13
Section 203.304
Exemptions from Emissions Offset Requirement
a)
The Agency shall allow the use of all or some portion
of the available growth margin to satisfy Section 203.
303 if:
1)
the owner or operator can show that possible
sources of emission offsets were investigated and
none were reasonably available at that time,
and
2)
the owner or operator agrees to accept permit
conditions on all
future permits for the source
or modification designed to provide the required
emission offset at the earliest future time such
offsets become reasonably available.
b)
Section 203.302 shall not apply to a major stationary
source or major modification if the emissions from
the source, or the net emissions increase from the
modification would be temporary, that is, existing
for a period of time less than two years.
c)
Section 203.302(a)
shall not apply to a major sta-
tionary source or major modification if an air quality
analysis shows it is located in a portion of a given
nonattainment area where the air quality standards
are not being violated and it will not cause an impact
in the area in which air quality standards are being
violated greater than the significant air quality im-
pact levels in subparagraph
(d).
Such an analysis
shall be based upon dispersion modeling and air quality
monitoring performed by the Agency or in accordance
with Agency procedures pursuant to ~!Rulesfor the
Performance of Air Quality Impact Analyses to be Used
in Support of Permit Applications” and “Rules Regarding
Submission of Ambient Air Quality Information Obtained
from Ambient Air Quality Monitors Under the Control of
Permit Applicants” as
filed with Secretary of State
in
December,
1977.
The date when the emission offset
requirements may be restricted to a limited part of the
nonattainrnent area
is the date that such analysis is
completed by the Agency or the date such analysis is
approved by the Agency, and redesignation of the area
where the major source or major modification is
to be
located is under federal review.
d)
If the emissions from a major stationary source or major
modification are demonstrated to be greater than the
following levels, exemption pursuant to subparagraph
(c)
is not available for the major stationary source or
major modification.
53-41
14
Averaging Time
Pollutant
Annual
24-Hour
8-Hour
3-Hour
1-Hour
SO
1.0 ug/m3
5 ug/m3
25 ug/m3
TSP
1.0 ug/m
5 ug/m
NO~
1.0 ug/m3
CO
0.5
mg/rn3
2 mg/rn3
e)
Section 203.302(a)
shall
not apply to a major sta-
tionary source or major modification for particulate
matter if it will be located in an area which meets
the following criteria:
1)
the area is an attainment area for the primary
total
suspended particulate air quality standard;
2)
the area
is lacking reasonably available emission
offsets;
3)
the air quality of the area is dominated by agri-
cultural and related fugitive pollutant sources;
4)
the area lacks major industrial development; and
5)
the area is of a low urban population density.
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 arc ownod or
operated by any entity controlling or controlled by, or under
common control with the owner or operator)
in Illinois ar~in
compliance, or on a schedule for compliance, with all applicable
state and federal air pollution control requirements.
Section 203.306
Analysis of Alternatives
For emission of organic material 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, con-
struction,
or modification, based upon an analysis of alternative
sites,
sizes, production processes, and environmental control
techniques
for such proposed source.
SUBPART D:
RESERVED
SUBPART
E:
RESERVED
53-42
15
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 con-
struction requirements of Subpart
C, except as in compliance
with applicable LAER provisions established pursuant to
Section 203.301 for such source or modification.
Section 203.602
Emission Offset Maintenance Requirement
No person shall cause or allow the operation of
a new major
stationary source or major modification which is required to
demonstrate that it would not interfere with reasonable further
progress, or which must include emission offsets in a demon
stration pursuant to Sections 203.302 and 203.303 without
maintaining those emission offsets or other equivalent offsets.
Section 203.603
Ambient Monitoring Requirement
The owner or operator of a new stationary source or major
modification shall conduct such ambient monitoring as the Agency
determines is reasonably necessary to establish the effect of the
emissions from the source or modification on ambient air quality
in the area.
IT IS SO ORDERED.
I,
Christan L. Moffett, Clerk of the Illinois Pollution
Control B~rd,hereby certif
hat the above Order was adopted on
the
,q
day of ______________________,
1983 by a vote
of
4-o
.
Christan L. Mof
~
Clerk
Illinois Pollutioi’Control
Board
53-43
