ILLINOIS POLLUTION CONTROL BOARD
November 20, 1997
IN THE MATTER OF:
AMENDMENTS TO GENERAL
PERMITTING PROVISIONS TO REQUIRE
PERPETUAL PERMITS FOR CERTAIN
SOURCES: AMENDMENTS TO 35 ILL.
ADM. CODE 201
)
)
)
)
)
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)
R98-13
(Rulemaking - Air)
Proposed Rule. First Notice.
OPINION AND ORDER OF THE BOARD (by M. McFawn):
On October 10, 1997, the Illinois Environmental Protection Agency (Agency),
pursuant to Sections 27 and 28 of the Environmental Protection Act (Act) (415 ILCS 5/27, 28
(1996)), filed a rulemaking proposal to amend the Board’s regulations concerning air permits
(35 Ill. Adm. Code 201, Permits and General Provisions). Specifically, the Agency’s
proposal requests that the Board amend certain sections of Part 201 to provide for perpetual
permits for sources that emit 25 tons or more per year and are not subject to Section 39.5 of
the Act (415 ILCS 5/39.5 (1996)) or required to obtain a federally enforceable State operating
permit. On October 16, 1997, the Board adopted an order accepting the Agency’s proposal
for hearing and granting the Agency’s motion to expedite proceedings. Due to stringent
timeframes for adopting these proposed rules, the Board today sends this matter to first notice
under the Illinois Administrative Procedure Act (APA) (5 ILCS 100/5-5
et seq.
(1996))
without commenting on the merits of the proposal.
Section 39(a) of the Act (415 ILCS 5/39(a)) was amended by P.A. 90-367, effective
August 10, 1997, to add the following paragraph:
After June 30, 1998, operating permits issued under this Section
by the Agency for sources of air pollution that are not subject to
Section 39.5 of this Act and are not required to have a federally
enforceable State operating permit shall be required to be
renewed only upon written request by the Agency consistent with
applicable provisions of this Act and its rules. Such operating
permits shall expire 180 days after the date of such a request.
Before July 1, 1998, the Board shall revise its rules for the
existing State air pollution operating permit program consistent
with this paragraph and shall adopt rules that require a source to
demonstrate that it qualifies for a permit under this paragraph.
2
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
3
201.104
Incorporations by Reference
SUBPART B: GENERAL PROVISIONS
Section
201.121
Existence of Permit No Defense
201.122
Proof of Emissions
201.123
Burden of Persuasion Regarding Exceptions
201.124
Annual Report
201.125
Severability
201.126
Repealer
SUBPART C: PROHIBITIONS
Section
201.141
Prohibition of Air Pollution
201.142
Construction Permit Required
201.143
Operating Permits for New Sources
201.144
Operating Permits for Existing Sources
201.146
Exemptions from 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
4
201.167
Revisions to Permits
201.168
Appeals from Conditions
201.169
Special Provisions for Certain Operating Permits
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)
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
5
201.263
Records and Reports
201.264
Continued Operation or Startup Prior to Granting of Operating Permit
201.265
Effect of Granting of Permission to Operate During a Malfunction, Breakdown or
Startup
SUBPART J: MONITORING AND TESTING
Section
201.281
Permit Monitoring Equipment Requirements
201.282
Testing
201.283
Records and Reports
SUBPART K: RECORDS AND REPORTS
Section
201.301
Records
201.302
Reports
SUBPART L: CONTINUOUS MONITORING
Section
201.401
Continuous Monitoring Requirements
201.402
Alternative Monitoring
201.403
Exempt Sources
201.404
Monitoring System Malfunction
201.405
Excess Emission Reporting
201.406
Data Reduction
201.407
Retention of Information
201.408
Compliance Schedules
Appendix A Rule into Section Table
Appendix B Section into Rule Table
Appendix C Past Compliance Dates
AUTHORITY: Implementing 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,
6
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 _____, 1997; amended in R98-13 at
Ill. Reg.
,
effective
.
SUBPART D: PERMIT APPLICATIONS
AND REVIEW PROCESS
Section 201.152
Contents of Application for Construction Permit
An application for a construction permit shall contain, as a minimum, the following data and
information: the nature of the emission unitsource and air pollution control equipment, including
the expected life and deterioration rate; information concerning processes to which the emission
unitsource or air pollution control equipment is related; the quantities and types of raw materials
to be used in the emission unitsource or air pollution control equipment; the nature, specific points
of emissionsources and quantities of uncontrolled and controlled air contaminant emissions at the
sourcefacility thatwhich includes the emission unitsource or air pollution control equipment; the
type, size, efficiency and specifications (including engineering drawings, plans and specifications
certified to by a registered Illinois professional engineer) of the proposed emission unitsource or
air pollution control equipment; maps, statistics and other data reasonably sufficient to describe
the location of the emission unitsource or air pollution control equipment. The Agency may
waive the submission by the applicant of such engineering drawings, plans, specifications or such
other portions of the above data or information as it shall deem inappropriate or unnecessary to
the construction permit application, provided that any such waiver by the Agency shall be given in
writing to the applicant. The Agency may adopt procedures thatwhich require data and
information in addition to and in amplification of the matters specified in the first sentence of this
Sectionparagraph, thatwhich are reasonably designed to determine compliance with this Chapter,
and ambient air quality standards, or thatand which set forth the format by which all data and
information shall be submitted.
(Source: Amended at
Ill. Reg.
, effective
)
Section 201.153
Incomplete Applications (Repealed)
An application shall not be deemed to be filed until the applicant has submitted all information and
completed all application forms required by Section 201.152 and procedures adopted and
effective pursuant thereto. Provided, however, that if the Agency fails to notify the applicant
within 30 days after the filing of a purported application that the application is incomplete and of
the reasons the Agency deems it incomplete, the application shall be deemed to have been filed as
of the date of such purported filing. The applicant may treat the Agency's notification that an
application is incomplete as a denial of the application for purposes of review.
(Source: Repealed at
Ill. Reg.
, effective
)
Section 201.154
Signatures (Repealed)
7
All applications and supplements thereto shall be signed by the owner and operator of the
emission source or air pollution control equipment, or their authorized agent, and shall be
accompanied by evidence of authority to sign the application.
(Source: Repealed at
Ill. Reg.
, effective
)
Section 201.155
Standards for Issuance (Repealed)
No construction permit shall be granted unless the applicant submits proof to the Agency that:
a)
The emission source or air pollution control equipment will be constructed or
modified to operate so as not to cause a violation of the Act or of this Chapter;
and
b)
If subject to a future compliance date, the applicant has an approved compliance
program and project completion schedule in accordance with the provisions of
Subpart H.
(Source: Repealed at
Ill. Reg.
, effective
)
Section 201.157
Contents of Application for Operating Permit
An application for an operating permit shall contain, as a minimum, the data and information
specified in Section 201.152. Each application shall list all individual emission unitssources and
air pollution equipment for which a permit is sought. Any applicant may seek to obtain from the
Agency a permit for each emission unitsource, or such emission unitssources as are similar in
design or principle of operation or function, or for all emission unitssources encompassed in an
identifiable operating unit, unless subject to the provisions of Section 201.169 of this Subpart or
required to obtain an operating permit with federal enforceable conditions pursuant to Section
39.5 of the Act. To the extent that the above specified data and information has previously been
submitted to the Agency pursuant to this Subpart, the data and information need not be
resubmitted; provided, however, that the applicant must certify that the data and information
previously submitted remains true, correct and current. An application for an operating permit
shall contain a description of the startup procedure for each emission unitsource, the duration and
frequency of startups, the types and quantities of emissions during startup, and the applicant's
efforts to minimize any such startup emissions, duration of individual startups, and frequency of
startups. If applicable, pursuant to the requirements of Subpart I of this Part, an application for a
permit shall contain a description of the startup procedure for each emission unit, the duration and
frequency of startups and quantities of emissions during startup in excess of emissions during
operations, and the applicant’s efforts to minimize any such startup emissions. The Agency may
adopt procedures thatwhich require data and information in addition to and in amplification of the
matters specified in the first sentence of this Section, thatwhich are reasonably designed to
determine compliance with this Chapter, and ambient air quality standards, and thatwhich set forth
the format by which all data and information shall be submitted.
8
(Source: Amended at
Ill. Reg.
, effective
)
Section 201.158
Incomplete Applications
An application shall not be deemed to be filed until the applicant has submitted all information and
completed application forms required by Section 201.152 or 201.157 of this Subpart, whichever is
applicable, and procedures adopted and effective pursuant hereto. Provided, however, that if the
Agency fails to notify the applicant within 30 days after the filing of a purported application that
the application is incomplete and of the reasons the Agency deems it incomplete, the application
shall be deemed to have been filed as of the date of such purported filing. The applicant may treat
the Agency's notification that an application is incomplete as a denial of the application for
purposes of review, pursuant to Section 40 of the Act [415 ILCS 5/40].
(Source: Amended at
Ill. Reg.
, effective
)
Section 201.159
Signatures
All applications and supplements thereto shall be signed by the owner and operator of the
emission source or air pollution control equipment, or their authorized agent, and shall be
accompanied by evidence of authority to sign the application.
(Source: Amended at
Ill. Reg.
, effective
)
Section 201.160
Standards for Issuance
a)
No construction permit shall be granted unless the applicant submits proof to the
Agency that:
1)
The emission unit or air pollution control equipment will be constructed or
modified to operate so as not to cause a violation of the Act or of this
Chapter; and
2)
If subject to a future compliance date, the applicant has an approved
compliance program and project completion schedule in accordance with
the provisions of Subpart H of this Part.
b)
No operating permit shall be granted unless the applicant submits proof to the
Agency that:
1a)
The emission unitsource or air pollution control equipment has been
constructed or modified to operate so as not to cause a violation of the Act
or of this Chapter, or has been granted a variance therefrom by the Board
and is in full compliance with such variance; and
2b)
The emission unitsource or air pollution control equipment has been
9
constructed or modified in accordance with all conditions in the
construction permit, where applicable; and
3c)
The emission unitsource or air pollution control equipment has been shown
by tests in accordance with the provisions of Subpart J of this Part,
applicable regulations, and permit conditions to operate in accordance with
the emission limitations set forth in this Chapter, provided that the Agency
may waive the requirement for actual tests where sufficient standard testing
information is available; and
4d)
The applicant has taken all technically feasible measures, including changes
in work rules, to minimize the duration and frequency of startups and to
reduce the quantity of emissions during startup; and
5e)
If subject to a future compliance date, the applicant has an approved
compliance program and project completion schedule in accordance with
the provisions of Subpart H of this Subpart; and
6f)
If required, the applicant has an approved episode action plan in effect in
accordance with the provisions of 35 Ill. Adm. Code 244.
(Source: Amended at
Ill. Reg.
, effective
)
Section 201.162
Duration
No operating permit shall be valid longer than five years or such shorter period as the Agency
may specify in the operating permit as necessary to accomplish the purposes of the Act and this
Chapter unless the source is subject to Section 201.169 of this Subpart E of this Part.
Applications for renewal of an operating permit shall be submitted to the Agency at least 90 days
prior to the expiration of the prior permit, and shall conform to Sections 201.157, 201.158 and
201.159. The standards for issuance of renewal of operating permits shall be as set forth in
Section 201.160.
(Source: Amended at
Ill. Reg.
, effective
)
Section 201.163
Joint Construction and Operating Permits
In cases where the Agency determines that an emission unitsource or air pollution control
equipment is sufficiently standard so as to obviate the need for separate construction and
operating permits, the Agency may issue a joint construction and operating permit. The Agency
may adopt procedures thatwhich: set forth the circumstances under which joint construction and
operating permits may be issued; require data and information designed to determine compliance
with this Chapter, and ambient air quality standards; and thatwhich set forth the format by which
all data and information shall be submitted. The standards for issuance of joint construction and
operating permits shall be as set forth in Sections 201.155 and 201.160. Except as herein
10
provided, nothing in this Chapter shall be deemed to limit the power of the Agency in this regard.
No joint construction and operating permit shall be valid for longer than five years or such shorter
period as the Agency may specify the joint construction and operating permit as necessary to
accomplish the purposes of this Chapter unless the source is subject to Subpart E of this Part.
Applications for renewal of a permit shall be submitted to the Agency at least 90 days prior to the
expiration of the prior permit, and shall conform to such procedures as may have been adopted by
the Agency; and the standards for issuance of renewal permits shall be as set forth in Sections
201.155 and 201.160. The term "operating permit" as used elsewhere in this Chapter shall be
deemed to include a joint construction and operating permit.
(Source: Amended at
Ill. Reg.
, effective
)
Section 201.164
Design Criteria
a)
The Agency may adopt procedures thatwhich set forth criteria for the design,
operation or maintenance of emission unitssources and air pollution control
equipment. These procedures shall be revised from time to time to reflect current
engineering judgment and advances in the state of the art.
b)
Before adopting new criteria or making substantive changes to any criteria adopted
by the Agency, the Agency shall:
1)
Publish a summary of the proposed changes in the Environmental Register
or a comparable publication at the Agency's expense; and
2)
Provide a copy of the full text of the proposed changes to any person who
in writing so requests; and
3)
Defer adoption of the changes for 45 days from the date of publication to
allow submission and consideration of written comments on the proposed
changes.
(Source: Amended at
Ill. Reg.
, effective
)
Section 201.169
Special Provisions for Certain Operating Permits
a)
Applicability:
1)
Operating permits issued pursuant to Section 39 of the Act for sources of
air pollution that are not subject to the requirements of Section 39.5 of the
Act and are not required to have a federally enforceable State operating
permit are that subject to the provisions of this Section.
2)
This Section only applies to sources that meet the requirements of
subsection (a)(1) above and whose permit has not expired pursuant to a
11
renewal request under subsection (b)(1) of this Section. If this Section no
longer applies to a source and its permit has not expired pursuant to a
renewal request under subsection (b)(1) of this Section, the terms and
conditions of the permit shall remain in effect until the permit is superseded
by a new or revised permit or it is withdrawn.
3)
Nothing in this Subpart shall be construed as exempting persons with
permits issued pursuant to this Section from the requirements of Section
201.142 of this Part requiring a construction permit or from review under
Part 203 procedures for new and modified emission units.
4)
Unless specifically stated otherwise in this Section, all rules in this Part
apply.
b)
Expiration and Renewal:
1)
Notwithstanding Section 201.162 of this Subpart, an operating permit
subject to this Section shall expire 180 days after the Agency sends a
written request for renewal of the permit. A permit shall terminate if it is
withdrawn upon written request by the permittee or is superseded by a
revised permit issued for the source.
2)
The Agency may request the renewal of an operating permit subject to this
Section for reasons including, but not limited to, a change in the
requirements applicable to the source; an indication that the information on
the source’s application is inaccurate; or information that the source may
not be in compliance with the Act, a Board regulation or an existing permit
condition.
3)
In its request for renewal pursuant to subsection (b)(1) above, the Agency
may include a request for any supplemental information that the Agency
may need to determine the continued applicability of this Section or the
ability of the source to comply with any requirement.
4)
An owner or operator may appeal to the Board only a final determination
by the Agency to deny a permit or to include conditions as provided by
Section 40 of the Board only a final determination by the Agency to deny a
permit or to include conditions as provided by Section 40 of the Act and
Section 201.168 of this Subpart, or a determination that a permit
application is incomplete based upon, but not limited to, a failure to submit
information requested under subsection (b)(3) above or Section 201.158 of
this Subpart.
c)
Requirement for a Revised Permit:
12
1)
Persons with operating permits subject to this Section must obtain a
revised permit prior to any of the following changes at the source:
A)
An increase in emissions above the amount the emission unit or the
source is permitted to emit; or
B)
A modification; or
C)
A change in operations that will result in the source's
noncompliance with a condition in the existing permit; or
D)
A change in ownership, company name, or address, so that the
application or existing permit is no longer accurate.
2)
If changes in the source’s emission units or control equipment remove a
source from the applicability of this Section, an owner or operator shall
apply for a construction permit under Section 201.152 of this Subpart, if
applicable, and either a federally enforceable State operating permit or a
Clean Air Act Permit Program (CAAPP) permit pursuant to Section 39.5
of the Act.
(Source: Amended at
Ill. Reg.
, effective
)
SUBPART E: SPECIAL PROVISIONS FOR
OPERATING PERMITS FOR CERTAIN
SMALLER SOURCES
Section 201.180
Applicability (Repealed)
a)
:Persons required to obtain operating permits under Part 201 are subject to this
Subpart if:
1)
The total emissions of all regulated air pollutants, as defined by 35 Ill.
Adm. Code 211.5500(b), that the source is permitted to emit on an annual
basis are less than 25 tons; and
2)
The source is not subject to the operating permit requirements under
Section 39.5 of the Act.
b)
This Subpart only applies to sources which meet the requirements of subsection (a)
above and whose permit has not expired pursuant to a renewal request under
Section 201.181(a) of this Subpart. If this Subpart no longer applies to a source
and its permit has not expired pursuant to a renewal request under Section
13
201.181(a) of this Subpart, the terms and conditions of the permit shall remain in
effect until the permit is superseded by a new or revised permit or it is withdrawn.
c)
Nothing in this Subpart shall be construed as exempting persons with permits
issued pursuant to this Subpart from the requirements of Section 201.142 of this
Part requiring a construction permit or from review under Part 203 procedures for
new and modified emission units.
d)
Unless specifically stated otherwise in this Subpart, all rules in this Part apply.
(Source: Repealed at
Ill. Reg.
, effective
)
Section 201.181
Expiration and Renewal (Repealed)
a)
Notwithstanding Section 201.162 of this part, an operating permit subject to this
Subpart shall expire 180 days after the Agency sends a written request for renewal
of the permit. A permit shall terminate if it is withdrawn upon written request by
the permittee or is superseded by a revised permit issued for the source.
b)
The Agency may request the renewal of an operating permit subject to this Subpart
for reasons including, but not limited to, a change in the requirements applicable to
the source; an indication that the information on the source’s application is
inaccurate; or information that the source may not be in compliance with the Act, a
Board regulation or an existing permit condition.
c)
In its request for renewal pursuant to subsection a above, the Agency may include
a request for any supplemental information that the Agency may need to determine
the continued applicability of this Subpart or the ability of the source to comply
with any requirement.
d)
An owner or operator may appeal to the Board only a final determination by the
Agency to deny a permit or to include conditions as provided by Section 40 of the
Board only a final determination by the Agency to deny a permit or to include
conditions as provided by Section 40 of the Act and Section 201.210 of this Part,
or a determination that a permit application is incomplete based upon, but not
limited to, a failure to submit information requested under subsection (c) above or
Section 201.158 of this Part.
(Source: Repealed at
Ill. Reg.
, effective
)
Section 201.187
Requirement for a Revised Permit (Repealed)
a)
Persons with operating permits subject to this Subpart must obtain a revised permit
prior to any of the following changes at the source:
14
1)
An increase in emissions above the amount the emission unit or the source
is permitted to emit; or
2)
A modification; or
3)
A change in operations which will result in the source's noncompliance
with a condition in the existing permit; or
4)
A change in ownership, company name, or address, so that the application
or existing permit is no longer accurate.
b)
If changes in the source's emission units or control equipment remove a source
from the applicability of this Subpart, an owner or operator shall apply for a
revised permit under Subpart D of this Part or under Section 39.5 of the Act.
(Source: Repealed at
Ill. Reg.
, effective
)
SUBPART F: CAAPP PERMITS
Section 201.207
Applicability
This Subpart shall apply only to sources subject to Section 39.5 of the Act. The requirements of
Sections 201.143 through 201.148 of Subpart C, Sections 201.157 through 201.165 and 201.169
of Subpart D, and Subparts E, G, and H of this Part shall not apply to a source subject to the
requirements of Section 39.5 of the Act.
(Source: Amended at
Ill. Reg.
, effective
)
IT IS SO ORDERED.
Board Member J. Theodore Meyer dissented.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above opinion and order was adopted on the 20th day of November 1997, by a vote of 6-1.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
