CLEF~~~JFFICEO
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
NOV
19
2004
STATE OF ILLINJQ,S
PoIlut~0~
Controj 8oard
N THE MATTER OF:
)
)
R05-)
AMENDMENTS TO
35
ILL. ADM. CODE 205,
)
(Rulemaking-Air)
EMISSIONS REDUCTION MARKET SYSTEM,
)
AND35ILL.ADM.CODE211
)
TABLE OF
CONTENTS
OF REGULATORY
SUBMITTAL
1.
Notice ofFiling
2.
Appearance ofGina Roccaforte, Assistant Counsel, and Charles E. Matoesian,
Assistant Counsel, for the Illinois Environmental Protection Agency
3.
Statement ofSubmittal by DirectorRenee Cipriano
4.
Motion for Expedited Review
5.
Certification ofOrigination
6.
Statement ofReasons
7.
Proposed Amendments to
35
Ill.
Adm. Code 205
8.
Proposed Amendments to
35
Ill. Adm.
Code 211
9.
Documents Relied Upon (Note: An asterisk (*) indicates documents that the
Agency has not provided for the Board in this proposal packet.)
*(a)
The Clean Air Act, as amended in
1990 (42 U.S.C. 7401
et seq.)
*(b)
The Illinois Environmental Protection Act,
415
ILCS
5/1
et seq.
*(c)
35
Ill. Adm.
Code 205
10.
Certificate ofService
11.
Disk in Microsoft WORD containing:
(a)
Proposed Amendments to Part 205 (RTJLE-205.doc)
(b)
Proposed Amendments to Part 211
(RULE-2 11 .doc)
/•‘~~
~‘:
RE CE
V E
CLERK’S OFACE
NOV
19
2004
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARI~TATE
OF ILLINOIS
Pollution Control Board
N THE MATTER OF:
)
)
R05-
AMENDMENTS TO
35
ILL. ADM. CODE 205,
)
(Rulemaking-Air)
EMISSIONS REDUCTION MARKET SYSTEM,
)
AND35 ILL. ADM. CODE211
)
NOTICE
TO:
Dorothy Gunn
Matthew Dunn
Clerk
Chief
Illinois Pollution Control Board
Division ofEnvironmental Enforcement
James R. Thompson Center
Office ofthe Attorney General,
100 West Randolph St., Suite 11-500
188 West Randolph St.,
20th
Floor.
Chicago, IL
60601
Chicago, IL 60601
General Counsel
Office ofLegal Counsel
Illinois Department ofNatural Resources
One Natural Resources Way
Springfield, IL 62702
SEE
ATTACHED SERVICE LIST
PLEASE TAKE NOTICE that I have today filed with the Office ofthe Clerk ofthe
Illinois Pollution Control Board the RULEMAKiNG PROPOSAL entitled “AMENDMENTS
TO
35
ILL. ADM. CODE 205, EMISSIONS REDUCTION MARKET SYSTEM, AND
35
ILL.
ADM. CODE 211,” MOTION FOR EXPEDITED REVIEW, AND APPEARANCE ofthe
Illinois Environmental Protection Agency, a copy ofwhich is herewith served upon you.
ILLINOIS ENVIRONMENTAL
PROTEC
ION AGENCY
By:~~~2~
ma Roccaforte
Assistant Counsel
Division ofLegal Counsel
DATED: November 18, 2004
1021
North Grand Avenue East
P. 0. Box
19276
Springfield, IL
62794-9276
THIS FILING IS
SUBMITTED
217/782-5544
ON RECYCLED
PAPER
SERVICE LIST
Katherine Hodge
Brian Urbaszewski
Hodge Dwyer Zeman
American Lung Association
3150 Roland Ave.
1140 W. Washington
P.O. Box
5776
Chicago, IL 60607
Springfield, IL
62705-5776
Shannon Bilbruck
Division of Legal Counsel #21
Illinois EPA
1021 N. Grand Ave. East
P.O. Box
19276
Springfield,
IL 62794-9276
...
CLERK’S OF~CE
NOV
192004
STATE
OF lLLlN0~S
BEFORE THE ILLINOIS POLLUTION CONTROL BOAR~0~tI0fl
Control
Board
IN THE MATTER
OF:
AMENDMENTS TO
35
ILL. ADM. CODE 205,
EMISSIONS REDUCTION MARKET SYSTEM,
AND
35
ILL. ADM. CODE 211
)
)
R05-/
)
(Rulemaking-Air)
)
)
APPEARANCE
The undersigned hereby enter their appearances as attorneys on behalfofthe
Illinois Environmental Protection Agency.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
By:
Gina Roccaforte
Assistant Counsel
Division ofLegal Counsel
By:
Assistant Counsel
Division ofLegal Counsel
Charles E.
Matoesian
DATED:
November
18,
2004
1021
North Grand Avenue East
P.O.
Box
19276
Springfield, Illinois 62794-9276
217/782-5544
CLERK’S
OFFICE
NOV
192004
BEFORE THE ILLINOIS POLLUTION CONTROL BO
.~J~OF
ILLINOIS
Control Board
iN
THE MATTER OF:
AMENDMENTS TO
35
ILL. ADM. CODE 205,
EMISSIONS REDUCTION MARKET SYSTEM,
AND
35
ILL. ADM. CODE 211
)
R05-
)
(Rulemaking-Air)
)
)
IEPA PROPOSAL OF REGULATIONS
The Illinois Environmental Protection Agency moves
that the Illinois Pollution Control
Board adopt the attached regulations.
DATED:
November
18,
2004
1021
North Grand Avenue East
P. 0. Box
19276
Springfield, IL
62794-9276
217/782-5544
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION
ERKS OFFICE
NOV
192004
BEFORE
THE ILLINOIS POLLUTION CONTROL
BOARDS TATE OF
ILLINOIS
rollution Control Board
IN THE MATTER OF:
)
)~
R05-i
AMENDMENTS TO 35 ILL. ADM. CODE 205,
)
(Rulemaking-Air)
EMISSIONS
REDUCTION MARKET SYSTEM,
)
AND35ILL.ADM.CODE211
)
MOTION
FOR EXPEDITED
REVIEW
NOW COMES Proponent, the Illinois Environmental Protection Agency (“Illinois
EPA”), by one ofits attorneys, Gina Roccaforte, and pursuant to
35
Ill. Adm. Code
101.5 12,
respectfully submits this Motion for Expedited Review (“Motion”) in the Matter of:
Amendments to
35
Ill. Adm. Code 205, Emissions Reduction Market System, and
35
Ill. Adm.
Code 211.
In support of its Motion, the Illinois EPA states as follows:
1.
The Emissions Reduction Market System (“ERMS”) is a cap and trade program,
forparticipating sources, that is
designed to reduce emissions ofvolatile organic material
(“VOM”) in the Chicago ozone nonattainment area (“Chicago area”) below the levels required
by reasonably available control technology and other emission standards.
The ERMS was
promulgated to meet the rate ofprogress requirements under Section
1 82(c)(2) and (d) ofthe
Clean AirAct (42 U.S.C.
§751 la(c)(2) and (d)) and was approved by the United States
Environmental Protection Agency (“USEPA”) as part ofIllinois’ SIP for ozone and applies to
certain participating sources located in the Chicago area that are currently required to obtain
Clean Air Act Permit Program (“CAAPP”) permits and have seasonal emissions ofat least 10’
tons ofVOM in a seasonal allotment period.
2.
Currently, the Chicago area is a Severe Nonattainment Area for the 1-Hour Ozone
National Ambient Air Quality Standard (“NAAQS”).
3.
On April 30, 2004, USEPA promulgated the first phase ofits
Final Rule to
Implement the 8-Hour Ozone NAAQS.
See,
69 Fed. Reg.
23951.
Designations and
classifications for this standard were effective
on June
15,
2004, and the Chicago area is a
Moderate Nonattainment Area forthe 8-Hour Ozone NAAQS.
See,
69 Fed. Reg. 23858, 23898.
However, on June
15,
2005, USEPA is revoking the 1-Hour Ozone NAAQS,
including the
associated designations and classifications.
See,
69 Fed. Reg.
23951,
23969.
4.
Once the 1-Hour Ozone NAAQS is revoked on June
15,
2005, major stationary
sources will be subject to different
applicability thresholds.
Currently, under Illinois’ CAAPP,
for ozone nonattainment areas classified as “severe,” major stationary sources include sources
with the potential to emit 25 tons or more per yearof VOM, whereas for ozonenonattainment
areas classified as “moderate,” major stationary sources include sources with the potentiaho
emit 100 tons ormore per year ofVOM.
See,
415 ILCS
5/39.5(2)(c)(iii)(A).
Accordingly,
sources currently subject to the CAAPP in the Chicago area under the 1-Hour Ozone NAAQS
are those with the potential to
emit 25 tons or more per year ofVOM; however, once the 1-Hour
Ozone NAAQS
is revoked on June
15,
2005, sources subject to the CAAPP in the Chicago area
under the 8-Hour Ozone NAAQS will be those with the potential to emit
100 tons or moreper
year ofVOM.
5.
Therefore, beginning June
15,
2005, if sources currently in the ERMS were no
longer subject to the ERMS due to the change in applicability thresholds from the alteration in
classification from a “severe” to a “moderate” ozone nonattainment area as a result ofthe
implementation ofthe 8-Hour Ozone NAAQS
and the revocation ofthe 1-Hour Ozone NAAQS,
the ERMS would lose approximately 330 tons ofVOM emissions reductions for each seasonal
allotment period.
The Illinois EPA must ensure that the ERMS remains in place in its current
2
form so as to maintain the required VOM emissions reductions in the Chicago area and this
proposed rulemaking achieves that objective.
6.
Accordingly, if this proposed rulemaking is not promulgated by June
15,
2005,
there will be a lapse in participation ofthese sources in the ERMS that will not only lessen
emissions reductions, but also result in great administrative confusion forboth the sources and
~
promulgated after June
15,
2005, such sources will be once again subjectto the ERMS once the
amendatory provisions are adopted.
7.
Tn addition, the Illinois EPA has already engaged in outreach with industry and
environmental groups and has shared a draft ofthis proposed rulemaking with these groups prior
to filing it with the Board.
No major concerns have been expressed to
the Illinois EPA.
Accordingly, for the proper administration ofthe ERMS, it would be advantageous to have this
rulemaking completed by June
15,
2005
so that continuity in the ERMS is preserved.
8.
For the reasons stated above, and due to the impending date ofJune
15,
2005, for
the revocation ofthe 1-Hour Ozone NAAQS and to ensure that the ERMS remains in place in its
current form so as to maintain the required VOM emissions reductions in the Chicago area, the
regulations need to be adopted in an expedited manner.
9.
In light ofthe foregoing, it is necessary to expedite review in this matter.
10.
Therefore, the Illinois EPA requests that the Board proceed to First Notice under.
the Illinois Administrative Procedure Act,
5
ILCS
100/1-1
et seq.,
without reaching a decision on
the merits, by accepting the regulatory language proposed by the Illinois EPA in this rulemaking
proposal only forpurposes ofFirst Notice.
3
11.
The Illinois EPA also requests that the requisite public hearing be scheduled as
soon as possible in accordance with Section 28(a) ofthe Environmental Protection Act,
415
ILCS
5/28(a).
12.
The Illinois EPA believes that the information necessary for the Board to proceed
to First Notice in this rulemaking and schedule a public hearing is contained in the Statement of
Reasons.
Ifmore information is needed, the Illinois EPA will fully cooperate to expeditiously
provide the same to the Board and its hearing officer.
13.
As required by
35
Ill. Adm.
Code Section
101.512, this Motion is
accompanied
by an Affirmation attesting that the facts cited herein are true.
WHEREFORE, for the reasons set forth above, the Illinois EPA respectfully requests that
the Board grant its Motion and expedite review in this matter.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTEC
ION AGENCY
By:
~
Gina Roccaforte
Assistant Counsel
Division ofLegal Counsel
DATED: November 18, 2004
1021 North Grand Avenue East
P. 0.
Box 19276
Springfield, IL
62794-9276
THIS FILING IS SUBMITTED
217/782-5544
ON RECYCLED
PAPER
4
RECE~V~D
CLERK’S OFFICE
NOV
19
2004
BEFORE THE ILLINOIS POLLUTION CONTROL BOA18TATE
OF ILLINOIS
Pollution Control Board
IN THE MATTER OF:
)
)
R05-/~
AMENDMENTS TO 35 ILL. ADM. CODE 205,
)
(Rulemaking-Air)
EMISSIONS REDUCTION MARKET SYSTEM,
)
AND 35 ILL. ADM. CODE 211
)
AFFIRMATION
I, Gina Roccaforte, under oath, hereby state and affirmthat I am an Assistant Counsel for
the Illinois EPA and the facts cited in the foregoing Motion for Expedited Review are true and
correct to the best ofmy information and belief.
Assistant Counsel
Division ofLegal Counsel
SUBSCRIBED AND SWORN TO BEFORE ME
This ~~ay
of_~U\)~\2ef2004
Notary Public
+
OFFICIAL
SEAL
BRENDA BOEHNER
+.
NOTARY
PUBLIC,
STATE
OF
ILLINOIS
~inaRoccaforte
5
RE CE
~V ED
CLERK’S OFFICE
NOV
192004
BEFORE THE ILLINOIS POLLUTION CONTROL BOA~TE
OF ILLINOIS
Pollution Control Board
IN THE MATTER OF:
)
)
R05-/~
AMENDMENTS TO 35 ILL. ADM. CODE 205,
)
(Rulemaking-Air)
EMISSIONS REDUCTION MARKET SYSTEM,
)
AND 35
ILL. ADM. CODE 211
)
CERTIFICATION OF ORIGINATION
NOW COMES the Illinois Environmental Protection Agency to certify in accordance
‘with 35
Ill. Adm.
Code 102.202(h) that this proposal for amendments to 35 Ill.
Adm. Code 205
and 211
amends the most recent version ofthe rules as published on the Illinois Pollution
Control Board’s Web site.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
By:
__________________
Gina Roccaforte
Assistant Counsel
Division ofLegal Counsel
DATED:
November
18, 2004
1021 North GrandAvenue East
P0 Box
19276
Springfield, IL 62794-9276
217/782-5544
RE
CLERK’S OFFICE
NOV
19
2004
BEFORE THE ILLINOIS POLLUTION CONTROL BOAI~ATE
OF ILLINOIS
vollutlon Control Board
IN THE MATTER OF:
)
)
R05-/~
AMENDMENTS TO 35
ILL. ADM. CODE 205,
)
(Rulethaking
—
Air)
EMISSIONS REDUCTION MARKET SYSTEM,
)
AND35ILL.ADM.CODE211
)
STATEMENT OF
REASONS
I. INTRODUCTION
The Illinois Environmental Protection Agency (“Illinois EPA”) submits this
Statement ofReasons to the Illinois Pollution Control Board (“Board”) pursuant to Sections
9.8, 27, and 28 ofthe Environmental Protection Act (“Act”) (415 ILCS
5/9.8,
27,
and 28) and
35 Ill. Adm. Code
102.202 in support ofthe attached proposal ofregulations.
Included in
this proposal
are amendments to 35 Ill. Adm. Code 205
and 35 Ill. Adm. Code 211.
II.
STATEMENT
OF FACTS
Part 205, Emissions Reduction Market System (“ERMS”), was adopted by the Board
on November 20,
1997,
and received approval by the United States Environmental Protection
Agency (“USEPA”) as part ofthe Illinois State Implementation Plan (“SIP”) for ozone,
effective November 14, 2001.
66 Fed. Reg. 52343.
The ERMS is a cap and trade program,
forparticipating sources, that
is designed to reduce emissions ofvolatile organic material
(“VOM”) in the Chicago ozone nonattainment area (“Chicago area”) below the levels
required by reasonably available control technology (“RACT”) and other emission standards.
The ERMS applies to certain participating sources located in the Chicago area that
are currently required to obtain Clean Air Act Permit Program (“CAAPP”) permits and have
seasonal emissions of at least 10 tons ofVOM in a seasonal allotment period, which is the
period May 1 through
September 30 ofeach year.
Illinois EPA generally issues Allotment
Trading Units (“ATU5”) to a participating source equivalent to its baseline emissions less
12.
At the
end ofeach reconciliation period, which is the period October
1
through
December 31
annually, each participating source is required to hold ATUs equivalent to its
VOM emissions during the immediately preceding seasonal allotment period.
Sources may
purchase and sell ATUs,
and in doing so, redistribute allowable emissions, while reducing
the total VOM emissions in the Chicago area.
The ERMS was promulgated to meet the rate ofprogress (“ROP”) requirements
under Section
182(c)(2) and (d) ofthe Clean Air Act (“CAA”) (42 U.S.C.
§751 la(c)(2) and
(d)) and was approved by USEPA as part ofIllinois’
SIP for ozone.
66 Fed.
Reg. 52343.
USEPA approved Illinois’ ozone ROP SIP
revisions and
Illinois’
1-hour ozone attainment
demonstration.
66
Fed. Reg.
56903.
On April 30, 2004, USEPA promulgated the first phase ofits Final Rule to
Implement
the 8-Hour Ozone National Ambient Air Quality Standard (“NAAQS”).
69 Fed.
Reg. 23951.
Designations and classifications for this standard were effective on June
15,
2004, and the
Chicago area is a Moderate Nonattainment Area for the 8-Hour Ozone NAAQS.
69 Fed.
Reg. 23858, 23898.
Currently, the Chicago area is
a Severe Nonattainment Area forthe
1-
Hour Ozone NAAQS.
However, on June
15,
2005, USEPA
is revoking the 1-Hour Ozone
NAAQS,
including the associated designations and classifications.
69 Fed.
Reg. 23951,
23969.
Once the 1-Hour Ozone NAAQS is revoked on June
15,
2005, major stationary
sources will be subject to different applicability thresholds.
For example, under Illinois’
2
CAAPP, for ozone nonattainment areas classified as “severe,” major stationary sources
include
sources with the potential to emit 25 tons ormore per year ofVOM, whereas for
ozone nonattainment areas classified as “moderate,” major stationary sources include sources
with the potential to
emit 100 tons or more per year ofVOM.
415 ILCS
5/39.5(2)(c)(iii)(A).
Accordingly, sources currently subject to the CAAPP in the Chicago area under the 1-Hour
Ozone NAAQS
are those with the potential to emit 25
tons or more per year ofVOM;
however, once the 1-Hour Ozone NAAQS
is revoked on June
15,
2005, sources subject to
the CAAPP in the Chicago area under the 8-Hour Ozone NAAQS will be those with the.
potential to emit 100 tons or more per year ofVOM.
As stated above, the ERMS applies to certain participating sources located in the
Chicago area that are required to obtain CAAPP permits.
Therefore, beginning June
15,
2005, if sources currently in the ERMS were no longer subject to the ERMS due to the
change in applicability thresholds from the alteration in classification from a “severe” to a
“moderate” ozone nonattainment area as a result ofthe implementation ofthe 8-Hour Ozone
NAAQS and the revocation ofthe 1-Hour Ozone NAAQS, the ERMS would lose
approximately 330 tons ofVOM emissions reductions for each seasonal allotment period.
Accordingly, the Illinois
EPAmust ensure that the ERMS remains in place in its current form
so as to maintain the required VOM emissions reductions in the Chicago area.
Furthermore, pursuant to Section 107(d)(3)(A) of the CAA, the Administrator may at
any time notify the Governor ofany state that available information indicates that, on the
basis ofair quality data and subject to the requirements of Section
1 07(d)(3)(E), the
designation ofany area or portion of an area within a state orinterstate area should be
revised.
42 U.S.C.
§7407(d)(3)(A).
In addition, pursuant to Section 107(d)(3)(D) ofthe
3
CAA, the Governor of any state may, on the Governor’s own motion, submit to the
Administrator a revised designation ofany area or portion thereofwithin the State.
42
U.S.C.
§7407(d)(3)çD).
The Administrator may not promulgate a redesignation ofa
nonattainment area (orportion thereof) to attainment unlessthe criteria set forth under
Section 107(d)(3)(E)(i-v) ofthe
CAA
are met.
42
U.S.C.
§7407(d)(3)(E)(i-v).
Therefore,
when the Chicago area is, at a future date, redesignated as an attainment area for the 8-Hour
Ozone NAAQS, Illinois EPA must also ensure that the ERMS remains in place in its current
form so as to maintain the required VOM emissions reductions in the Chicago area.
III. PURPOSE
AND EFFECT
OF THE PROPOSAL
The ERMS is an
essential element ofthe Illinois ROP requirements under Section
182(c)(2) and (d) ofthe
CAA
(42 U.S.C.
§7511a(c)(2) and
(d)) and is part of Illinois’ SIP.
The purpose ofthis rulemaking is to amend Part 205 to ensure that the ERMS remains in
place in its current form
so as to
maintain the required VOM emissions reductions in the
Chicago area.
Again, beginning June 15, 2005, if sources currently in the ERMS were no
longer subject to the ERMS
due to the change in applicability thresholds from the alteration
in classification from a “severe” to a “moderate” ozone nonattainment area as a result of the
implementation ofthe 8-Hour Ozone NAAQS and the revocation ofthe 1-Hour Ozone
NAAQS, the ERMS would lose approximately 330 tons ofVOM emissions reductions for
each seasonal allotment period.
It is also the intent ofthe Illinois EPA to guarantee that the
ERMS remains in place in its current form to maintain the required VOM emissions
reductions in the event that the Chicago areais redesignated as an attainment area.
4
IV. GEOGRAPHIC REGIONS
AND
SOURCES AFFECTED
The amendments to 35 Ill. Adm. Code 205 apply to sources located in the Chicago
ozone nonattainment area comprised ofCook, DuPage, Kane, Lake, McHenry, and Will
Counties and Aux Sable Township and Goose Lake Township in Grundy County and
Oswego Township in Kendall County.
Part
205
applies to such sources with seasonal emissions ofVOM of at least
10 tons
during the period ofMay through September.
Due to the fact that this rulemaking is being
promulgated to ensure that the ERMS remains in place in its current form, sources are not
significantly affected by this proposal.
V. TECHNICAL FEASIBILITY AND ECONOMIC
REASONABLENESS
The amendments to
Part 205
are being proposed to ensure that the ERMS remains in
place in its current form and maintains the required emissions reductions in the Chicago area,
regardless ofwhether the Chicago area is designated an attainment or nonattainment area.
The proposed amendments do not impose new emission limitations or require new control
devices on affected sources.
Therefore, an analysis oftechnical feasibility and economic
reasonableness is not appropriate.
VI.
COMMUNICATION
WITH INTERESTED PARTIES
These amendments are being proposed after representatives ofindustry and
environmental groups have had an opportunity to review theproposed changes and discuss
any issues with the Illinois EPA.
It is the Illinois EPA’s understanding that no significant
issues were identified by the above-mentioned parties.
5
VII.
SYNOPSIS OF TESTIMONY
The Illinois EPA plans to call David Bloomberg as a witness at hearing.
Mr.
Bloomberg, Manager ofthe Illinois EPA’s Bureau ofAir Compliance Unit, will testify about
the proposed amendments in general and will assist in answering questions.
Written
testimony will be submitted prior to
hearing in accordance with the Board’s procedural rules.
VIII. THE ILLINOIS
EPA’S PROPOSAL
The following is a Section-by-Section
summary
ofthe Illinois
EPA’s proposal.
35 Iii. Adm.
Code 205
Section 205.120
Abbreviations and
Acronyms
The acronym for “Federally Enforceable State Operating Permit” or “FESOP” is
being added.
Section 205.130
Definitions
Illinois EPA is proposing amendments to (1) the definitions of“New participating
source” and “Participating source” to include a source that emits or has the potential to emit
25 tons per year or more ofVOM, (2) the definition of“allotment” to include the number of
ATUs allotted to a source as established in the source’s FESOP, and (3) the phrase “Chicago
ozone nonattainment area” to rename it the “Chicago area.”
Section 205.150
Emissions Management Periods
Subsections (c)(2), (d)(2), and (e) define the compliance obligations for a source that
undergoes a major modification and new major sources-subjectt-o 35 Ill. Adm. Code 203.
Since the Chicago area is
a “severe” nonattainment area for the 1-Hour Ozone NAAQS, such
sources are currently required to hold ATUs at the end ofeach reconciliation period in an
6
amount not less than
1.3 times the VOM emissions from the new source or modification
during the previous
seasonal allotment period.
However, with the implementation ofthe 8-
Hour Ozone NAAQS and
accompanying classification ofthe Chicago area as a “moderate”
nonattainment area, affected sources will be required to hold ATUs
at the end ofeach
reconciliation period in an amount not less than 1.15 times the VOM emissions
from the new
source or modification during the previous seasonal allotment period.
Therefore, the Illinois
EPA is proposing to amend this Section by adding subsection (f)(1) to provide that if the
nonattainment classification ofthe Chicago area for ozone is changed such that the required
offset ratio is no
longer 1.3
to
1
and a new offset ratio applies, as specified in 35
Ill. Adm.
Code 203.302, that ratio shall then applyin lieu ofthe
1.3 to
1 ratio set
forth in subsections
(c)(2), (d)(l), and (e).
However, such new ratio shall not applyto any part ofa source or any
modification
already subject to the 1.3 to
1
ratio or other new offset ratio prior to the
effective date ofthe new ratio.
Furthermore, provisions are being added in subsection (f)(2)
to reflect that if the Chicago area is designated to attainment for ozone, the
1.3 to
1
ratio set
forth in subsections (c)(2), (d)(l), and (e) or any new ratio established pursuant to subsection
(f)(1) shall cease to
apply.
In addition, such ratio shall continue to applyto any part of a
source or any modification that is
already subject to the ratio prior to such designation.
Section 205.200
Participating
Source
This Section contains the criteria by which participating sources determine whether
they are subject to this Part.
Illinois EPA proposes to amend this Section by adding the
emission oforpotential to emit 25 tons per year or more ofVOM by such sources in
determining applicability.
7
Section 205.205
Exempt Source
Subsection (a) exempts a source from this Part if it limits its seasonal emissions of
VOM to 15
tons per season or less,
and subsection (b) exempts a source that elects to achieve
a seasonal VOM emissions reduction by at least 18.
Subsection (b) requires such exempt
sources to submit the seasonal emissions component ofthe Annual Emission Report as
specified in Section 205.3 00.
Subsection (a)
contains no such provision, as it was
inadvertently omitted from the regulations adopted in
1997.
However, it has been the Illinois
EPA’s policy to request the seasonal emissions component ofthe Annual Emission Report
from exempt sources limiting seasonal emissions ofVOM to
15
tons per season or less.
As
such, the Illinois EPA is proposing to amend subsection (a) to require such exempt sources to
submit the seasonal emissions component ofthe Annual Emission Report as specified in
Section 205.300.
Section
205.210
New Participating Source
This Section contains the criteria by which new participating sources determine
whether they are subject to this Part.
Illinois
EPA proposes to
amend this Section by adding
the emission of orpotential to emit 25 tons per year ormore ofVOM by such sources in
determining applicability.
Section 205.220
Insignificant Emission Units
This Section excludes emission units or activities identified as insignificant activities
in a source’s CAAPP permit from this Part.
Illinois EPA is proposing to amendthis Section
to also exclude emissionunits or activities that the Illinois EPA determines would qualify as
insignificant activities if the source were
a CAAPP source and forwhich a statement to this
effect is contained in the FESOP for a participating ornew participating source.
8
Section 205.300
Seasonal Emissions Component of the Annual Emissions Report
This Section requires sources to submit seasonal VOM emissions data as a
component oftheir Annual Emissions Report.
Illinois EPA is proposing to amend this
Section by adding references to “FESOP,” where applicable, to parallel the same provisions
as they relate to CAAPP permits.
Section 205.310
ERMS Applications
Illinois EPA is proposing to amend this Section by adding references to “FESOP,”
where applicable, to parallel the same provisions as they relate to CAAPP permits.
In
addition, minor clarification changes are being proposed.
Section 205.3 15
CAAPP Permits for ERMS Sources
This Section establishes the relation between CAAPP permits and the provisions of
Part 205.
Illinois EPA proposes to amend this Section by indicating that the provisions are
applicable, except as provided in Section 205.3 16, which relates to FESOPs for ERMS
sources.
In addition, minor grammatical changes are beingproposed.
Section 205.316
Federally Enforceable State
Operating Permits for
ERMS Sources
Illinois EPA is proposing to add this new Section, which is similar to Section
205.3 15, CAAPP Permits for ERMS Sources, to
establish the relation between FESOPs and
the provisions ofPart 205, Emissions Reduction Market System.
This Section requires a participating source or new participating source to obtain a
CAAPP permit or FESOP before commencing operation.
Ifa source has a CAAPP permit
containing ERMS provisions and elects to obtain a different permit in lieu ofthe CAAPP
permit, the source shall apply for and obtain a FESOP that contains ERMS provisions
including, but not limited to, emissions calculation methodologies, baseline emissions, and
9
allotment for each seasonal allotment period, all ofwhich are identical to those provisions
contained in its CAAPP permit.
Ifa participating or new participating source does not have a
CAAPP permit containing ERMS provisions and elects to
obtain a permit otherthan a~
CAAPP permit, the source shall apply for and obtain a FESOP that contains, in addition to
othernecessary provisions, federally enforceable ERMS provisions, including baseline
emissions, allotment for each seasonal allotment period, identificationof any units deemed to
be insignificant activities for the purposes ofthe ERMS,
and provisions addressing all other
applicable requirements ofPart 205.
This Section also
includes provisions governing Illinois EPA’s determination of
baseline emissions, appropriate emissions determination methods, and the appropriateness of
exclusions from further reductions.
Such determinations
are appealable in accordance with
the appeal procedures specified in Section 40 ofthe Act.
This Section also includes provisions stating that upon the reopening orrenewal of a
FESOP for any participating source or new participating source, any multiple season transfer
agreement that has three or more years oftransfers remaining or any ATUs that will be
issued by the IEPA forthree years or more to any such source shall be identified in the
renewed or reissued FESOP for such source.
Section 205.318
Certification for Exempt CAAPP Sources
Illinois EPA proposes to amend this Section by changing the phrase
“Chicago ozone
nonattainment area” to “Chicago area” to coincide with the amendment to the phrase in
Section 205.130.
10
Section 205.320
Baseline Emissions
Illinois EPA is proposing minor clarification and grammatical changes in this Section~
Section 205.330
Emissions Determination Methods
Illinois EPA is proposing to amend this Section by adding a reference to
“FESOP” to
parallel the same provision as it relates to a CAAPP permit.
Section 205.335
Sampling, Testing, Monitoring and Recordkeeping Practices
Illinois
EPA is proposing to amend this Section by adding a reference to
“FESOP” to
parallel the same provision as it relates to a CAAPP permit.
Section 205.337
Changes
in
Emission Determination
Methods
and Sampling,
Testing, Monitoring and Recordkeeping
Practices
Illinois EPA is proposing to amend this Section by adding a reference to “a revised
FESOP” to parallel the same provision as it relates to a revised CAAPP permit.
Section 205.400
Seasonal Emissions
Allotment
Illinois
EPA is proposing to amend this Section by adding references to
“FESOP,”
where applicable, to parallel the same provisions as they relate to CAAPP permits.
Section 205.405
Exclusions
from Further Reductions
Illinois EPA is proposing to amend this Section by adding a reference to “FESOP” to
parallel the same provision as it relates
to a CAAPP permit.
Section 205.410
Participating Source Shutdowns
Illinois EPA is proposing to amend this Section by adding a reference to “FESOP” to
parallel the same provision as it relates to a CAAPP permit.
Section 205.500
Emissions Reduction
Generator
Illinois EPAproposes to amend this Section by changing the phrase “Chicago ozone
nonattainment area” to “Chicago area” to coincide with the amendment to
the phrase in
11
Section 205.130.
In addition,
to make the requirements ofsubsection (c) apply to FESOPs in
addition to CAAPP permits, Illinois EPA proposes to amend this Section to make any
proposal for issuance of ATUs based on VOM emissions reduction of 10 tons or more and
the Illinois EPA’s
approval thereofsubject to the public notice requirements in accordance
with the regulations governing CAAPP permit or FESOP issuance.
Section
205.510
Inter-Sector Transaction
This Section provides an opportunity to generate ATUs based upon VOM emissions
reductions from mobile or area sources.
Illinois
EPA is proposing to amend this Section to
clarify that such emissions reductions must be from mobile or area sources in the Chicago
area.
Section 205.610
Application
for Transaction Account
Illinois EPA is proposing to amend this Section by adding a reference to “FESOP” to
parallel the same provision as it relates to a CAAPP permit.
Section 205.700
Compliance Accounting
Illinois EPA is proposing to amend this Section by adding references to
“FESOP” to
parallel the same provisions as they relate to CAAPP permits.
In addition, the provisions
allowing for Illinois EPA inspection are amended to apply not only to CAAPP permit
sources, but also to FESOP sources.
An incorrect citation
is also being corrected, and as it
pertains to compliance master file review, the term “seasonal” is being added forclarification
in regard to the evaluation ofincreases and decreases in VOM emissions.
Section
205.730
Excursion Reporting
Illinois EPA is proposing to amend this Section by adding a reference to “FESOP” to
parallel the same provision as it relates to a CAAPP permit.
12
• Section 205.750
Emergency Conditions
This Section contains procedures for sources to follow if they have experienced
excess VOM emissions as a result of an emergency during the seasonal allotment period.
Sources that experience such an emergencymust submit an initial emergency conditions
report to the Illinois EPA within 2
days after the time when excess emissions occurred due to
the emergency.
Sources may supplement this reportwithin
10 days after the conclusion of
such emergency situation.
The Illinois EPA must approve, conditionally approve or reject
the findings in the final emergency conditions report submitted by the source.
However, the
term “final emergency conditions report” is currently not defined, and what constitutes a final
emergency conditions report is vague.
Therefore,
the Illinois EPA proposes to amend this
Section to clarify that if an initial emergency conditions report is not supplemented, such
report is deemed the final emergencyconditions report, and if an initial emergency
conditions report is supplemented, the combination ofsuch initial report plus the
supplemental information is deemed the final emergency conditions report.
The Illinois EPA
proposes to further amend and clarify these provisions to provide that the Illinois EPA must
respond in writing to the final emergency conditions report within 45
days after receipt ofthe
initial emergency conditions report, rather than 30 days afterreceipt of a complete report.
The Illinois EPA is requesting additional time to
respond to the final emergency conditions
report because almost halfofthe allowable timeframe to respond is
allotted to the source to
supplement an initial emergency conditions report.
Section 205.760
Market System Review Procedures
This Section requires the Illinois EPA to prepare an Annual Performance Review
Report by May
15 ofthe year following the seasonal’ allotment period addressed by such
13
Report.
Illinois EPA utilizes the data from the seasonal emissions
component of each
source’s Annual Emissions Report to prepare the Annual Performance Review Report. After
reviewing each seasonal emissions report, Illinois EPA determines whether the report is
complete.
Ifa seasonal emissions report is incomplete, such incomplete report is returned to
the source forcomplete information.
In some instances, a seasonal emissions report may be
resubmitted to a source for complete information several times before suchreport is
determined to be complete.
In addition, new provisions in the Annual Emission Report
regulations provide for Illinois EPA follow-up on hazardous air pollutant information and
give sources 30 days to respond to an Illinois EPA inquiry.
As a result ofwaiting for
complete seasonal emission information, Illinois EPA needs additional time to prepare the
Annual Performance Review Report.
Therefore, due to limited resources and the additional
time needed to obtain complete data information, the Illinois EPA is proposing to amend the
due date for such Report from May 15 to June 30.
35
Ill. Adm.
Code
211
Section 211. 3695
Maximum True Vapor Pressure
The Illinois EPA proposes to amend the phrases “Chicago ozone nonattainment area”
to “Chicago area” and
“Metro-East nonattainment area” to “Metro-East area” to reflect those
phrases as set forth in Sections 218.103
and 219.100, respectively, in the event that such
areas are redesignated as attainment areas, so as to use consistent terminology‘throughout the
regulations.
14
IX. CONCLUSION
For the reasons stated above, and due to the impending date ofJune 15, 2005, for the
revocation ofthe 1-Hour Ozone NAAQS
and to ensure
that the ERMS remains in place in its
current form so as to maintain the required VOM emissions reductions in the Chicago area,
the Illinois EPA hereby submits this regulatory proposal and respectfully requests the Board
to expeditiously adopt these rules for the
State ofIllinois.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
AGENCY
DATED: November
18, 2004
1021 N. Grand Ave. East
P.O. Box
19276
Springfield, IL 62794-9276
(217) 782-5544
~inaRoccaforte
Assistant Counsel
Division ofLegal Counsel
15
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
TITLE
35:
ENVIRONMENTAL PROTECTION
SUBTITLE B:
AIR POLLUTION
CHAPTER I:
POLLUTION CONTROL BOARD
SUBCHAPTER b:
ALTERNATIVE REDUCTION PROGRAM
PART 205
EMISSIONS REDUCTION MARKET SYSTEM
SUBPART
A:
GENERALPROVISIONS
Section
205.100
Severability
205.110
Purpose
205.120
Abbreviations and Acronyms
205.130
Definitions
205.150
Emissions
Management Periods
SUBPART B:
APPLICABILITY
Section
205.200
Participating Source
205.205
Exempt Source
205 .210
NewParticipating Source
205 .220
Insignificant Emission Units
205.225
Startup, Malfunction or Breakdown
SUBPART C:
OPERATIONAL IMPLEMENTATION
Section
205.300
Seasonal Emissions Component ofthe Annual Emissions Report
205.3 10
ERMS Applications
205.3 15
CAAPP Permits for ERMS Sources
205.3 16
Federally Enforceable State Operating Permits for ERMS Sources
205.3 18
Certification for Exempt CAAPP Sources
205.320
Baseline Emissions
205 .330
Emissions Determination Methods
205.335
Sampling, Testing,
Monitoring and Recordkeeping Practices
205.337
Changes in Emissions Determination Methods and Sampling,
Testing, Monitoring
and Recordkeeping Practices
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
SUBPART D: SEASONAL EMISSIONS MANAGEMENT
Section
205 .400
Seasonal Emissions
Allotment
205 .405
Exclusions from Further Reductions
205.410
Participating Source Shutdowns
SUBPART B:
ALTERNATIVE ATU GENERATION
Section
205.500
Emissions Reduction Generator
205.510
Inter-Sector Transaction
SUBPART F:
MARKET TRANSACTIONS
Section
205.600
ERMS Database
205.6 10
Application for Transaction Account
205.620
Account Officer
205 .630
ATU Transaction Procedures
SUBPART G:
PERFORMANCE ACCOUNTABILITY
Section
205.700
Compliance Accounting
205.710
Alternative Compliance Market Account, (ACMA)
205.720
Emissions Excursion Compensation
205.730
Excursion Reporting
205.740
Enforcement Authority
205.750
Emergency Conditions
205.760
Market System Review Procedures
AUTHORITY:
Implementing Section
9.8 and authorized by Sections 27 and 28 ofthe
Environmental Protection Act 415
ILCS 5/9.8, 27 and 28J.
SOURCE: Adopted at 21111. Reg.
15777, effective November 27,
1997;
amended at_
Ill. Reg.
______
effective____________________
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
SUBPART A:
GENERAL PROVISIONS
Section 205.120
Abbreviations and Acronyms
Unless otherwise specified within this Part, the abbreviations used in this Part shall be the same
as those found in 35
Ill. Adm.
Code 2,11.
The following abbreviations and acronyms are used in
this Part:
ACMA
Alternative Compliance Market Account
Act
Environmental Protection Act 415
ILCS
5
ATU
Allotment Trading Unit
BAT
Best Available Technology
CAA
Clean Air Act as amended in
1990 42
U.S.C. 7401
through 767lq
CAAPP
Clean Air Act Permit Program
ERMS
Emissions Reduction Market System
FESOP
,
Federally Enforceable State Operating Permit
LAER
Lowest Achievable Emission Rate
MACT
Maximum Achievable Control Technology
NAAQS
National Ambient Air Quality Standard
NIESHAP
‘
National Emission Standards for Hazardous Air Pollutants
RFP
Reasonable Further Progress
ROP
.
Rate ofProgress
USEPA
United States Environmental Protection Agency
VOM
Volatile Organic Material
(Source: Amended at
—
Ill.
Reg.
______,
effective
________________
Section 205.130
Definitions
Unless otherwise specified within this Part, the definitions
for the terms used in this Part shall be
the same as those found in Section 39.5 ofthe Act 415
ILCS 5/39.5
and in 35 Ill. Adm.
Code
211.
“Account officer” means a natural person who has been approved by the Agency, is
specified in Section 205.620 ofthis Part, and is subsequently responsible for one or more
Transaction Accounts to which he or she is designated.
ILLINOIS
REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
“Allotment” means the number ofallotment trading units (ATUs) allotted to a source by
the Agency, as established in the source’s CAAPP permit or FESOP.
“Allotment Trading Unit (ATU)” means a tradable unit that represents 200
lbs of VOM
emissions and is a limited authorization to
emit 200 lbs ofVOM emissions during the
seasonal allotment period.
“Annual Emissions Report” means the report
submitted to
the Agency annually pursuant
to 35 Iii. Adm. Code 254.
“Baseline emissions” means a participating source’s VOM emissions for the seasonal
allotment period based on historical operations as determined under Subpart C ofthis
Part.
Baseline emissions shall be the basis ofthe allotment for each participating source.
“Best Available Technology (BAT)” means
an emission level based on the maximum
degree of reduction ofVOM emitted from orwhich results from any emission unit, which
the Agency, on a case-by-case basis, taking into account energy, environmental and
economic impacts, determines is achievable for such unit through application of
production processes and available methods, systems,
and techniques for control’of
VOM, considering the features and production process and control methods, systems and
techniques already used for the unit.
BAT for an emission unit shall not be more
stringent than Bess Available Control Technology (BACT) as ~wouldbe determined
contemporaneously for such unit under the federal rules forPrevention ofSignificant
Deterioration ofAir Quality (PSD), 40 CFR 52.21
(1996).
In no event shall application
of“best available technology” result in emissions ofVOM which exceed the emissions
allowed by any standard established pursuant to Section
111 ofthe Clean Air Act, if such
a standard is applicable to the category ofemission unit.
“CAAPP” means the Clean Air Act Permit Program, pursuant to
Section 39.5 ofthe Act
415
ILCS
5/39.5.
“Chicago ozone nonattainment area” means the area composed ofCook, DuPage, Kane,
Lake, McHenry, and Will Counties and Aux Sable Township and Goose Lake Township
in Grundy County and Oswego Township in Kendall County.
•
“Emergency” means any situation arising from sudden and reasonably unforeseeable
events beyond the control ofthe source, such as an act ofGod, that requires immediate
corrective action to restore normal operation.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
“Emissions excursion” refers to the event that occurs when a participating source or new
participating source does not hold sufficient ATUs at the end of a reconciliationperiod to
account for its VOM emissions from the preceding seasonal allotment period, in
accordance withSection 205.150(c) or (d) ofthis Subpart.
“Excursion Compensation Notice” means an administrative notice issued by the Agency,
pursuant to Section 205 .720 ofthis Part, that notifies the owner or operator ofa
participating source ornew participating source that the Agency has determined that the
source has had an
emissions excursion.
“General participant” means any person, other than a participating source or new
participating source, that obtains a Transaction Account and is allowed to buy and sell
ATUs.
“New participating source” means a source not operating prior to May
1,
1999, located in
the Chicago ozone nonattainment area, that emits or has the potential to emit 25 tons per
year or more ofVOM or is required to obtain a CAAPP permit~
and has or will have
seasonal emissions of at least 10 tons ofVOM.
“Participating source” means a source operating prior to May 1,
1999, located in the
Chicago ozohe nonattainment area, that emits or has the potential to
emit 25 tons per year
or more ofVOM oris required to obtain a CAAPP permit~
and has baseline emissions of
at least
10 tons,
as specified in Section 205.320(a) ofthis Part, or seasonal emissions of at
least 10 tons in any seasonal allotment period beginning in 1999.
“Reconciliation period” means theperiod from October
1 through December 31 of each
year during which the owner oroperator of a participating source or new participating
source must compile actual VOM emissions for the previous seasonal allotment period
and may also buy or sell ATUs so that sufficient ATUs are held by the source by the
conclusion ofthe reconciliation period.
“Seasonal allotment period” means the period from May i
through September 30 ofeach
year.
‘
.
“Seasonal emissions” means actual VOM emissions
at a source that occur during a
seasonal allotment period.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
“Sell” means to transfer ATUs
to another person through sale, lease, trade or other means
oftransfer.
“Special participant” means any person that registers with the Agency and may purchase
and retire ATUs but not sell ATUs, as specified in Section 205.6 10 of this Part.
“Throughput” means the activity of an emission unit during a particular period relevant to
its generation of VOM emissions, including, but not limited to, the amount ofmaterial
transferred for a liquid storage operation, the amount of material processed through or
produced by the emission unit, fuel usage, or the weight orvolume ofcoatings or inks.
“Transaction Account” means an account authorized by the Agency or its designee that
allows an account officer to buy or sell ATUs.
(Source: Amended at
—
Ill.
Reg.
______,
effective
_______________
Section 205.150
Emissions Management Periods
a)
The VOM emissions control period is the seasonal allotment period, which is~
from May
1
through
September 30, annually.
b)
The reconciliation period is from October
1 to December 31, annually.
During
each reconciliation period, participating sources and new participating sources
shall:
1)
Compile data ofactual VOM emissions during the immediately preceding
seasonal allotment period; and
2)
Submit its
seasonal emissions component ofits
Annual Emissions Report,
in acäordance with Section 205 .300
ofthis Part.
c)
At the end ofeach reconciliationperiod, on and
after the dates specified in
Section 205 .200 ofthis Part, each participating source shall:
1)
Hold ATUs in an
amount not less than its VOM emissions during the
preceding seasonal allotment period, except
as provided in Sections
205.220,205.225,205.315, 205.316, 205.320(e)(3) or (f) and 205.750 of
this Part; or
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
2)
Except as provided in subsection (fi ofthis Section, hold Hold ATUs in an
amount not less than 1.3 times its
seasonal emissions during the preceding
seasonal allotment period that are attributable to
a major modification
during the preceding seasonal allotment period, if a participating source
commences operation ofa major modification pursuant to 35 Iii. Adm.
Code 203 on or after May 1,
1999.
Additionally, such source must hold
ATUs in
accordance with subsection (c)(1) ofthis Section for VOM
emissions not attributable to
this majormodification during the preceding
seasonal allotment period that are not attributable to this major
modification.
d)
At the end of each reconciliationperiod, on and after the date on which the source
commences operation,
as specified in Section 205.210 ofthis Part, each new
participating source shall:
1)
Except as provided in subsection (f) ofthis Section, ifIfthe new
participating source is a new major source pursuant to
35 Ill. Adm. Code
203, hold ATUs in an amount not less than 1.3
times its VOM emissions
during the preceding seasonal allotment period; or
2)
Ifthe new participating source is not a new major source pursuant to 35
Ill.
Adm. 203, hold ATUs in
an amount not less than its VOM emissions
during the preceding seasonal allotment period, except
as provided in
Sections 205.220, 205.225
and 205.750 ofthis Part.
e)
Except as provided in subsection (f) ofthis
Section, any Anyparticipating source
that commences operation ofa majormodification on or after May 1,
1999, or any
new participating source that
is a new major source, which, at the end of each
reconciliation period, holds ATUs
in an amount not less than 1.3 times the VOM
emissions during the preceding seasonal allotment period, in accordance with
subsection (c)(2) or (d)(1) of this Section, as applicable, shall be deemed to have
satisfied the VOM offset requirements of 35 Ill. Adm.
Code 203 .302(a), 203:602
and
203.701.
Ifthe nonattainment classification ofthe Chicago area for ozone is
changed such that the required offset ratio is no longer
1.3
to
1
and a new
offset ratio applies, as specified in 35 Ill. Adm.
Code 203.302, that ratio
ILLINOIS
REGISTER
POLLUTION
CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
shall then apply in lieu ofthe 1.3
to
1
ratio set forth in subsections (c)(2),
(d)(l), and (e) ofthis Section.
Such new ratio shall not applyto any part
of a source or any modification already subject to the
1.3 to
1
ratio or other
new offset ratio prior to the effective date ofthe new ratio.
If the Chicago area is designated to attainment for ozone, the
1.3
to
1 ratio
set forth in subsections
(c)(2), (d)(1), and (e) ofthis Section or any new
ratio established pursuant to subsection (f)(1) of this Section shall cease to
apply.
However, such ratio shall continue to apply to
any part ofa source
or any modification that is already subject to the ratio prior to such
designation.
(Source: Amended at
—
Ill.
Reg.
______,
effective
________________
SUBPART B:
APPLICABILITY
Section 205.200
Participating Source
The requirements ofthis Part shall apply to any source operating prior to May 1,
1999, located in the Chicago ozone nonattainment area, that
.1)
emits or has the potential to emit 25 tons per year or more ofVOM oris
required to obtain a CAAPP permit~
and
~
has baseline emissions of at least
10 tons, as specified in Section
205.320(a) ofthis Part, or seasonal emissions of at least
10 tons in any
seasonal allotment period beginning in
1999.
Each participating source shall hold AflJs, as specified in Section 205.150(c) of
this Part, in accordance with the following schedule:
fla~
For any participating source that has baseline
emissions of at least 10 tons
ofVOM, as determined in accordance with Section 205.320(a) ofthis Part,
beginning with the
1999 seasonal allotment period;
~
For any source that first becomes a participating source because its VOM
emissions increase to
10 tons per season or more in
any seasonal allotment
period beginning with 1999
and this
emissions increase is not a major
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE
OF PROPOSED AMENDMENTS
modification pursuant to
35 Ill. Adm.
Code 203, beginning with the first
seasonal allotment period after such increased emissions occurred; or
~e)
For any source that will
first be
subject to
the requirements of this
Part
because ofa VOM emissions increase at any time on or after May 1,
1999
that constitutes a major modification pursuant to 35
Ill. Adm. Code 203,
upon commencing operation ofthis modification.
(Source: Amended at
—
Ill.
Reg.
______,
effective
________________
Section 205.205
Exempt Source
a)
Any source that otherwise meets the criteria forparticipating sources shall be
exempt from the requirements of this Part, except that any such source shall be
required to
submit the seasonal emissions component ofthe Annual Emissions
Report as specified in Section 205.300 ofthis Part, if the source accepts
a 15 tons
per seasonal allotment period limit on its VOM emissions in its CAAPP permit p~
FESOP for each seasonal allotment period in which the source would be required
to participate in the ERMS in accordance with the following:’
1)
Ifthe source would be required to participate in the ERMS beginning with
the 1999 seasonal allotment period in accordance with Section
205.200(b)(1)Ea) ofthis Subpart, such source
shall apply for the applicable
permit limitation by March
1,
1998; or
2)
Ifthe source is required to participate in the ERMS in any seasonal
allotment period after 1999 because its
VOM emissions increase to
10 tons
or more in any seasonal allotment period beginning with 1999 in
accordance with Section 205.200(b)~ofthis
Subpart, such source shall
apply for the applicable permit limitation by December
1
of the first year
in which its seasonal emissions are at least
10 tons.
b)
Any source that otherwise meets the criteria forparticipating sources shall be
exempt from the requirements of this Part, except that any such source shall be
required to submit the seasonal emissions component ofthe Annual Emissions
Report and an ERMS application as specified in Sections 205.300 and 205.3 10(d)
of this Part, respectively, if such source reduces its seasonal emissions by at least
18 percent beginning in 1999.
Any such source shall accept conditions in its
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
CAAPP permit or FESOP limiting its seasonal emissions
to at least 18 percent
less than its baseline emissions,
as determined in accordance with Section 205.320
ofthis Part.
Any such source shall apply for the applicable permit limitation(s) by
March
1,
1998.
ATUs
equivalent to any amount ofVOM emissions reductions
achieved by the source beyond 12 percent (at least six percent) shall be issued by
the Agency to the ACMA.
(Source: Amended at
—
Ill.
Reg.
______,
effective
________________
Section 205.210
New Participating Source
-
The requirements ofthis Part shall apply to any new participating source, a source
not operating prior to
May 1,
1999, located in the Chicago ozone nonattainment
area, that
emits or has the potential to emit 25
tons per year or more ofVOM or is
required to obtain a CAAPP permit~
and
~
has or will have seasonal emissions ofat least
10 tons ofVOM.
~)
Each new participating source shallhold ATUs, as specified in
Section
205.150(d) ofthis Part, upon commencing operation.
(Source: Amended at
—
Ill.
Reg.
_____,
effective
_______________
Section 205.220
Insignificant Emission Units
Emission units identified as insignificant activities pursuant to the CAAPP permit
for a eaeh participating or new participating source are exempt from the
requirements ofthis Part.
~)
Emission units that the Agency determines would qualify as insignificant
activities under 35 Ill. Adm.
Code 201.Subpart F if the source were a CAAPP
source and for which a statement to this effect is contained in the FESOP for a
participating or new participating source are exempt from the requirements ofthis
Part.
(Source: Amended at
—
Ill.
Reg.
_____,effective
_______________
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE
OF PROPOSED AMENDMENTS
SUBPART C:
OPERATIONAL IMPLEMENTATION
Section 205.300
Seasonal Emissions Component of the Annual Emissions Report
a)
For each year in which the source is operational, the owner or operator ofeach
participating source and new participating source shall submit, as a component of
its Annual Emissions Report, seasonal emissions information to the Agency
for
each seasonal allotment period after the effective date ofthis Part in accordance
with the following schedule:
-
1)
For each participating source or new participating source that generates
VOM emissions
from less than 10 emission units, by October 31 ofeach
year; and
2)
For each participating source or new participating source that generates
VOM emissions from 10 or more emission units,
by November 30 ofeach
year.
b)
In addition to any information required pursuant to
35 Ill. Adm.
Code 254, the
seasonal emissions component ofthe Annual Emissions Report shall contain the
following information for the preceding seasonal allotment period for each
emission unit emitting or capable ofemitting VOM, except that
such information
is not required for emission units excluded pursuant to
Section 205 .220 ofthis
Part or for VOM emissions attributable to startup, malfunction or breakdown, as
specified
in Section 205.225 ofthis Part:
1)
Actual seasonal emissions ofVOM from the source;
2)
A description ofthe methods and practices used to determine VOM
emissions, as requiredby the source’s CAAPP permit or FESOP,
including any supporting documentatioi~
and calculations;
3)
A detailed description ofany monitoring methods that differ from the
methods specified in the CAAPP permit or FESOP for the source, as
provided in Section 205.337 ofthis Subpart;
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4)
Ifa source has experienced an emergency, as provided in Section 205.750
ofthis Part, it shall reference the associated emergency conditions report
that has been approved by the Agency;
5)
Ifa source’s baseline emissions have been adjusted because ofa variance,
consent order or CAAPP permit compliance schedule, as provided for in
Section 205.320(e)(3) ofthis Subpart, it shall provide documentation
quantifying the adjusted VOM emissions amount;
and
6)
Ifa source is operating a new ormodified emission unit for which three
years ofoperational datais not yet available, as specified in Section
205.320(f) ofthis Subpart, it shall specify seasonal emissions attributable
to the new emission unit or the modification ofthe emission unit.
(Source: Amended at
—
fll.
Reg.
______,
effective
________________
Section 205.3 10
ERMS
Applications
a)
The owner or operator ofeach participating source or new participating source
shall submit to the Agency an ERMS application in
accordance with the following
schedule:
1)
Fora participating source with baseline emissions ofat least 10 tons of
VOM, as determined in accordance with Section 205.320(a) ofthis-
Subpart, byMarch
1,1998;
2)
For any source that first becomes a participating source because its VOM
emissions increase to 10 tons or greater during any seasonal allotment
period beginning with
1999, on or before December
1 ofthe year ofthe
first seasonal allotment period in which its VOM emissions are at least
10
tons, provided that this emissions increase is not a major modification
pursuant to
35 Ill.
Adm. Code 203; or
-
3)
For a new participating source or for a major modification ofany source
existing prior to May 1,
1999, that is a major new source or a major
modification subject to 35 Ill. Adm.
Code 203 based on VOM emissions,
at the time a construction permit
application is submitted ordue
for the
source ormodification, whichever occurs first.
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b)
Except as provided in subsection (d) of this Section, each ERMS application for
participating sources shall contain all information required by the Agency
pursuant to Section 39.5 ofthe Act 415
ILCS 5/39.5
or reference such
information if previously submitted to the Agency, including the following
information:
1)
Data sufficient to establish the appropriate baseline emissions for the
source in accordance with Section 205.320 ofthis
Subpart, including but
not limited to the following:
A)
VOM emissions data and production types and levels from the
baseline emissions year(s), as specified in
Section 205.320(a)(1),
(b) or (c) ofthis Subpart, as appropriate;
B)
Ifthe source is proposing a substitute baseline emissions year(s), as
provided in Section 205.320(a)(2) ofthis
Subpart, a justification
that the year is more representative than 1994,
1995 or 1996,
including data on production types and levels from the proposed
substitute year(s) and historical production data, as needed to
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-
justify that the proposed substitute year(s) is representative;
and.
C)
Ifthe source is proposing a baseline emissions adjustment based on
voluntary over-compliance, as provided in Section 205.320(d) of
this Subpart, sufficient information for the Agency to
determine the
appropriate adjustment;
2)
A description ofmethods and practices used to determine baseline
emissions and that will be used to determine seasonal emissions for
purposes of demonstrating compliance with this Part, in accordance with
Sections 205.330 and 205.335 ofthis Subpart;
3)
Identification ofany emission unit for which exclusion from further
reductions is
sought pursuant to Section 205 .405(b) ofthis Part
and
including all ofthe information required pursuant to Section 205.403(b) of
this Part;
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4)
Identification of any emission unit excluded
from further reductions
pursuant to Section 205.405(a) ofthis Part; and
5)
Identification ofany new ormodified
emission unit for which a
construction permit was issued prior to January
1,
1998, but for which
three years ofoperational data is not available, and the permitted VOM
emissions or the permitted increase in VOM emissions
from such emission
unit(s), adjusted for the seasonal allotment period.
c)
Except as provided in
subsection (h) ofthis
Section, the ERMS application
submitted by each participating source shall also be an application for a
significant modification of its CAAPP permit or a revision to
its FESOP, or a
revisionto
its CAAPP or FESOP application if a CAAPP permit or FESOP has
not yet been issued for the source.
d)
The ERMS application for any source that elects to reduce its
seasonal emissions
by at least 18 percent from its baseline emissions, as provided in
Section
205.205(b) ofthis Part, shall include:
1)
VOM emissions data sufficient to
establish the appropriate baseline
-
emissions for the source in accordance with Section 205.320 ofthis
Subpart; and
2)
A description ofmethods and practices used to determine baseline-
emissions and that will be used to
demonstrate that its seasonal emissions
will be at least
18 percent less than its baseline emissions, in accordance
with Sections 205.330 and 205.335 of this Subpart.
e)
Within
120 days afterreceipt ofan ERMS application, the Agency shall provide
written notification to the source ofa preliminarybaseline emissions
determination.
Public notice ofa draft CAAPP permit in accordance with Section
39.5(8) ofthe Act
415
ILCS 5/39.5(8)
shall fulfill this requirement for a,
preliminarybaseline emissions determination if issued within 120 days.
‘
f)
The ERMS application for each source applying for a majormodification, as
provided in subsection (a)(3) of this Se.ction,
shall include the information
specified
in subsection (b) ofthis Section and a certification by the owner or
operator recognizing that the source will be required to hold ATLJs by the end of
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each reconciliation period in accordancewith Section 205.150(c)(2) ofthis Part,
and provide ~plan explaining the means by which it will obtain ATUs for the
VOM emissions attributable to the major moçiification for the first three seasonal
allotment periods in which this major modification is operational.
g)
The ERMS application for each new participating source shall include:
1)
A description ofmethods and practices that will be used to determine’
seasonal emissions for purposes ofdemonstrating compliance with this
Part, in accordance with Sections 205.330 and 205.335 ofthis Subpart;
2)
A certificationby the owner or operator recognizing that the source will be
required to hold ATUs by the end ofeach reconciliation period in
accordance with Section 205.150(d) of this Part for each seasonal
allotment period in which it is operational; and
3)
If the source is
a new major source subject to
35 Ill.
Adm. Code 203,
a
plan explaining means by which it will obtain suchATUs forthe first
three seasonal allotment periods
in which it is operational.
h)
The owner or operator ofany participating source, that has identified a new or.
modified emission unit, as specified in subsection (b)(5) ofthis Section, shall
submit a written request for, or an application for, a revised emissions baseline
and allotment.
Such written request or application shall be submitted by
-
December
1 ofthe year ofthe third complete seasonal allotment period in which
such newly constructed emission unit is
operational, which submittal shall include
information on the seasonal emissions for these first three seasonal allotment
periods.
(Source: Amended at
—
Ill.
Reg.
______,
effective
________________
Section 205.315
CAAPP Permits
for
ERMS Sources
a)
Except as provided in Section 205.316(c) ofthis Subpart, the The Agency’
shall determine the baseline emissions foreach participating source in
-
accordance with Section 205.320 ofthis Subpart, through its final permit
action on a new or modified CAAPP permit for ~
each such source.
The
Agency’s baseline emissions determination maybe appealed in accordance
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with the CAAPP appeal procedures specified in Section 40.2 of the Act
415
ILCS 5/40.2.
If the permit conditions establishing a source’s
baseline emissions are appealed, the baseline emissions for the source
shall be as proposed in the source’s ERMS application during the
pendency ofthe appeal.
During the pendency ofthe appeal, ATUs shall be
allotted to the source pursuant to the part ofthe source’s proposed baseline
emissions that
is not disputed in the appeal.
Ifsuch source’s seasonal
VOM emissions exceed the ATUs it holds
at the end ofreconciliation
periods during the pendency ofthe
appeal, the source will not be deemed
to have had an emissions excursion to the extent that such seasonal VOM
emissions
do not exceed the amount it proposed as its baseline in its
ERMS applicatiom less reductions requiredpursuant to Section 205.400(c)
or (e) ofthis Part, if applicable.
Such source shall not be allowed to sell
ATUs during the pendency ofthe appeal.
b)
Except as provided in Section 205.3 16(c) ofthis Subpart, the The Agency
shall determine, in accordance with Sections 205.330 and 205.335 ofthis
Subpart, the methods and practices applicable to each participating source
and new’ participating source to determine seasonal emissions through its
finalpermit
action on a new ormodified CAAPP permit for
t1~
each such
source.
The Agenc\~s
determination ofthe methods and practices
applicable maybe appealed in accordance with the CAAPP appeal
procedures specified in Section 40.2 ofthe Act
415
ILCS 5/40.2.
c)
Except as provided in Section 205.3 16(c) ofthis Subpart, the The Agency
shall determine, in accordance with Section 205.405(b) of this Part, if an
emission unit qualifies for exclusion from further reductions in its final
permit action on a new or modified CAAPP permit for each such source.
The Agency’s determination may be appealed in accordance with the
CAAPP appeal procedures specified in Section 40.2 ofthe Act 415
ILCS
5/40.2.
Ifthe permit conditions establishing the Agency’s BAT
determiriation are appealed, ATUs shall be allotted to the source for any
emission unit for which the Agency’s BAT determination is being
appealed with the
emissions reduction required by Section 205.400(c) or
(e) of this Part during the pendency ofthe appeal.
If the seasonal VOM
‘
emissions for the subject emission unit(s) exceed the Allis
that are
-
attributed to the unit(s) during thependency ofthe appeal, the source will
not be deemed to have an emissions excursion to the extent that such
seasonal VOM emissions do not exceed the amount ofATUs that would
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be attributed to this unit if the BAT exclusion was accepted.
Such source
shall not be allowed to sell ATUs
during the pendency ofthe appeal.
d)
The CAAPP permit for a allotment for eachparticipating source shall
specify the allotment for each seasonal allotment period shall be
specified
in its CAAPP pennit.
e)
To the extent possible, the Agency shall initiate the procedures of35
Iii.
Adm. Code 252,
as required by Section 39.5 ofthe Act 415
ILCS 5/39.5,
by grouping the draft CAAPP permits and supporting documents for
participating sources.
Specifically, to the extent possible, the Agency shall
issue a joint public notice and hold a joint hearing, as appropriate,
-
addressing participating sources for which a hearing is requested.
f)
When a CAAPP permit for a participating source is transferred from the
current permittee to
another person:
1)
In the case ofa name change ofthe participating source where
ownership is not altered, appropriate documentation shall be
submitted to revise the TransactionAccount to reflect the name
change; or
2)
Tn the case ofan ownership change ofthe-participating source, the.
allotment shall also be transferred by the owner or operator ofthe
permitted source to the new owner or operator, or the new owner
or operator shall submit a statement to the Agency certifying that
such transfer is not occurring and demonstrating that necessary
ATUs are orwill be available by other means for the intended
operation ofthe source.
g)
Upon reopening or renewal ofthe CAAPP permit for any participating
source or new participating source, any multiple season transfer
agreement, as provided in Section 205.630(a)(2)(B) ofthis Part, that has
three ormore years of transfers remaining shall be identified in the
renewed or reissued CAAPP permit for each such source.
h)
Upon reopening or renewal ofthe CAAPP permit for any participating
source or newparticipating source, any ATUs that will be issued by the
Agency for three years ormore to
any such source pursuant to
Section
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205.410, 205.500 or 205.5 10 of this Part shall be
identified in the renewed
or reissued CAAPP pennit foreach such source.
(Source: Amended at
—
Ill.
Reg.
______,
effective
.
Section 205.316
Federally Enforceable State Operating Permits for ERMS Sources
Any participating or new participating source shall not operate without a
CAAPP permit orFESOP.
fl
If a source has a CAAPP permit containing ERMS provisions and
the source elects to obtain
a different permit in lieu ofthe CAAPP
permit, the source shall apply for and obtain a FESOP that contains
ERMS provisions including, but not limited to, emissions
calculation methodolo2ies, baseline emissions, and allotment for
each seasonal allotment period, all ofwhich are identical to those
provisions contained in its CAAPP permit.
Z)
Ifa participating or new participating source does not have a
CAAPP permit containing ERMS provisions and the source elects
to obtain
a permit other than a CAAPP permit, the source shall
apply for and obtain a FESOP that contains, in addition to other
-
necessary provisions, federally enforceable’ERMS provisions,
including baseline emissions, allotment for each seasonal allotment
period, identification of any units deemed to be insignificant
activities for the purposes ofthe ERMS, emissions calculation
-
methodologies, and provisions addressing all other applicable
requirements ofthis Part.
~)
When determining the baseline emissions and allotment for a participating
source as required under subsection (a)(2) ofthis Section:
fl
The Agency shall determine baseline emissions in accordance with
Section 205.320 ofthis Subpart, through its final permit action on
the new ormodified FESOP for the source.
The Agency’s baseline
emissions
determination may be appealed in accordance with the
appeal procedures specified in Section 40 of the Act 415
ILCS
5/40.
Ifthe permit conditions establishing a source’s baseline
emissions
are appealed, thebaseline emissions for the source shall
be
as proposed in the source’s ERMS application during the
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pendencyof the appeal.
During the pendency ofthe appeal, ATUs
shall be
allotted to
the source pursuant to the part ofthe source’s
proposed baseline emissions that is not disputed in the appeal.
If
such source’s seasonal VOM emissions exceed the ATUs it holds
at the end of reconciliation periods during the pendency ofthe
appeal, the source will not be deemed to
have had an emissions
excursion to the extent that such seasonal VOM emissions do
not
exceed the amount it proposed as its baseline in its ERMS
application, less reductions required pursuant to Section 205.400(c)
or (e) ofthis Part, if applicable.
Such source shall not be allowed
to sell ATUs during the pendency ofthe appeal.
~
The Agency shall determine, in accordance with Section
205.405(b) ofthis Part, if an emission unit qualifies for exclusion
from
further reductions in its final permit action on a new or
modified FESOP forthe source.
The Agency’s determination may
be appealed in accordance with the appeal procedures specified in
Section 40 ofthe Act
1415
ILCS
5/401.
Ifthe permit conditions
establishing the Agency’s BAT determination are appealed, ATUs
shall be allotted to the source for any emission unit for which the
Agency’s BAT determination is being appealed with the emissions
reduction required by Section 205 .400(c) or (e) ofthis Part during
-
the pendency ofthe appeal.
Ifthe seasonal VOM emissions for theY
subject emission unit(s) exceed the ATUs that are attributed to the
unit(s) during the pendency of the appeal, the source will not be
deemed to have an emissions excursion to the extent that such
-
seasonal VOM emissions do not exceed the amount ofATUs that’
would be attributed to this unit if the BAT exclusion was accepted.
Such source shall not be allowed to sell ATUs during the pendency
ofthe appeal.
-
The Agency shall determine, in accordance with Sections 205.330 and
205.335 ofthis Subpart, the methods and practices applicable to the
participating source or new participating soUrce to determine seasonal,
emissions through its final permit action on the new or modified FESOP
for such source.
The Agency’s determination ofthe methods and practices
applicable may be appealed in accordance with the appeal procedures
specified in Section 40 ofthe Act 1415 ILCS
5/401.
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~
When a FESOP for a participating source is transferred from the current
permittee to another person:
fl
In the case ofa name change ofthe participating source where
ownership is not altered, appropriate documentation shall be
submitted to revise the Transaction Account to reflect the name
change~
or
~
In the case of an ownership change ofthe participating
source, the
allotment
shall also be transferred by the owner or operator ofthe
permitted source to the new owner or operator, or the new owner
or operator shall submit a statement to the Agency certifying that
such transfer is not occurring and demonstrating that necessary
ATUs are or will be available by other means for the intended
operation ofthe source.
~
Upon reopening or renewal of the FESOP for any participating source or
new participating source, any multiple season transfer agreement, as
provided in Section 205.630(a)(2)(B) ofthis Part, that has three or more
years oftransfers remaining shallbe identified in the renewed orreissued
FESOP for such source.
U~on
reopening or renewal ofthe FESOP for any ~5articipatingsource or
new participating source, any ATUs that will be issued by the Agency for
three years or more to any such source pursuant to Section 205 .410,
205.500 or 205.5 10 ofthis Part shall be identified in the renewed or
-
reissued FESOP for such source.
(Source: Added at
—
Ill.
Reg.
______,
effective
________________
Section 205.318
Certification
for Exempt
CAAPP
Sources
The owner oroperator ofany source that
is located in the Chicago ozone nonattainment
area that is required to obtain a CAAPP permit, and has seasonal emissions,
as
determined in accordance with Section 205.320(a) of this Subpart, ofless than
10 tons
shall submit a written certification to the Agency by March
1,
1998, certifying that its
-
VOM emissions are below
10 tons per season as specified in Section 205.320(a) ofthis
Subpart.
Such certification shall include the amount ofVOM emissions at the source
during the
1994,
1995,
1996 and 1997 seasonal allotment periods, and supporting
calculations.
ILLINOIS REGISTER
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(Source: Amended at
—
Ill.
Reg.
______,
effective
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Section 205.320
Baseline Emissions
a)
Except as provided in subsection (b) or (c) ofthis
Section, baseline
emissions shall be determined by the Agency in accordance with the
following, adjusted as specified in subsections (d), (e) and
(f) ofthis
Section:
1)
Baseline emissions shall be calculated using the average ofthe two
seasonal allotment periods with the highest VOM emissions
during
1994,
1995 or 1996.
2)
Any source may propose to substitute seasonal emissions on a
year-for-year basis due to non-representative conditions in
1994,
1995
or 1996,
but must stay within the period from
1990 through
1997,
and must have accurate seasonal emissions data for the
substitute year(s).
When considering whetherto substitute a
seasonal baseline emission year(s), the Agency must consider the
information submitted by the source pursuant to
Section
205.3 10(b)(1)(B) ofthis Subpart, as well as the accuracy ofthat
-
-
data.
For the purposes ofthis subsection (a)(2), “non-
representative conditions” include, but are not limited to, events
such as strikes,
fires, floods and market conditions.
b)
Except
as provided below in subsection (c) ofthis Section, for Fef any
source that has seasonal emissions ofless than 10
tons, as determined in
accordance with subsection (a) ofthis Section, but becomes a participating
source because its seasonal emissions increase to
10 tons
ormore jn any
seasonal allotment period beginning with
1999, baseline emissions shall
be determined by the Agency based on actual VOM emissions from the
first seasonal allotment period in which the source’s sources emissions
equaled or exceeded 10
tons, adjusted as specified in subsections
(d), (e)
and (f) ofthis Section, provided such emissions
increase is not a major
modification pursuant to 35 Ill. Adm.
Code 203.
c)
For any source that has seasonal emissions ofless than
10 tons,
as
determined in accordance with subsection (a) ofthis Section, but becomes
a participating source because its seasonal emissions increase to
10 tons or
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REGISTER
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more in any seasonal allotment period beginning with 1999 and this
emissions increase constitutes a major modification pursuant to 35 Ill.
Adm.
Code 203, baseline
emissions shall be determined by the Agency
based on the average of the actual seasonal emissions from the two
seasonal periods prior to
a timely submittal of its application for the major
modification, adjusted as specified in subsections (d) and (e) ofthis
Section.
Any such source may substitute seasonal emissions on a year-for-
year basis
due to non-representative conditions in either ofthe two
seasonal allotment periods prior to submittal ofits application for the
major modification but must stay within the five year period prior to
submittal ofsuch application.
For the purposes of this subsection, “non-
representative conditions” include, but are not
limited to,
conditions such
as strikes, fires, floods and market conditions.
d)
The baseline emissions ofany participating source shall be increased for
voluntaryover-compliance that occurred after October 31,
1990 and
results in a VOM emissions level that is lower than the level required by
applicable requirements effective in 1996,
including limitations in the
source’s permit(s) based on such applicable requirements.
Voluntary
over-compliance shall be determined in accordance with the following:
1)
Determine the actual activity or production types and levels from
-
the seasonal allotment period(s) selected fdrbaseline emissions
pursuant to subsection (a), (b) or (c) of this Section;
2)
Determine seasonal emissions for each emission unit as the product
ofthe amount ofactivity orproduction, as determined in
accordance with subsection (d)(1) of this Section,, and the actual
emissions level;
3)
Determine seasonal emissions for each emissionunit as the product
of the aniount of activity or production, as determined in
accordance with subsection (d)(1) ofthis Section~and the
allowable emissions level pursuant to all applicable requirements
effective through 1996,
including limitations in the source’s
permit(s) based on such applicable requirements; and
‘
4)
Determine the appropriate adjustment to baseline emissions by
subtracting the seasonal emissions determined pursuant to
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POLLUTION CONTROL BOARD
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subsection (d)(2) of this Section from the seasonal emissions
determined pursuant to subsection (d)(3) ofthis Section.
e)
The baseline emissions of any participating source shall be decreased if
any ofthe following circumstances exist:
-
1)
Ifa source is out ofcompliance with any applicable requirements,
including limitations in the source’s permit(s) based on such
applicable requirements, in any ofthe seasonal allotment periods
used forbaseline emissions, its baseline
emissions shall be lowered
to reflect the amount of VOM emissions that would be
achieved if
in compliance with such requirements.
-
2)
Ifany ofthe seasonal allotment periods selected for baseline
emissions
do not reflect compliance with requirements effective
through
1996 that became applicable after any ofthe
years selected
as baseline years, the source’s baseline
emissions shall be lowered
to reflect the amount ofVOM emissions that would be achieved if
in compliance with such requirements.
3)
If, in any ofthe years selected forbaseline emissions, a source’s
VOM emissions are in excess ofthe amount ofVOM emissions
-
allowed by applicable rules because it has been granted a variance,
has entered into a consent order, oris operating pursuant to
a
CAAPP permit compliance schedule, the baseline emissions for
such source shall be lowered to reflect the VOM emissions amount
that would be achieved if in compliance with such requirements,
subject to the following:
A)
Each such source shall be allowed to emit VOM emissions
in excess of the ATUs it holds at the end ofthe
reconciliationperiod each year until compliance with the
applicable regulation is
achieved, or upon expiration ofthe
relief allowed forin the variance, consent order or CAAPP
permit compliance schedule, whichever occurs first;
B)
Such excess VOM emissions shall be allowed to
the extent
allowed in the variance, consent order or CAAPP permit
compliance schedule; and
ILLINOIS REGISTER
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C)
The
seasonal component ofthe Annual Emissions Report
for each such source shall be adjusted each year until
compliance with the applicable requirement(s) is achieved,
or upon expiration ofthe relief allowed for in the variance,
consent order or CAAPP permit compliance schedule,
whichever occurs first, as specified in subsection (e)(3)(B)
ofthis Section.
4)
For any participating source that operated with excess emissions
during startup, malfunction or breakdown during any year used to
determine its baseline emissions, whether or not such operation
was authorized pursuant to the source’s permit, excess VOM
emissions attributable to startup, malfunction or breakdown shall
be excluded from thebaseline emissions.
f)
For new or modified emission units
at a source for which a construction
permit was issued prior to Jan~iary
1,
1998, but for which three years of
operational data is not
available, the baseline emissions determination for
the source shall include VOM emissions from such new emission unit or
the increase in emissions from the modification ofsuch emission unit
based on the two seasonal allotment periods with the highest VOM
emissions from the first three complete seasonal allotment periods in
whichany such new ormodified emission unit is operational.
ATUs
shall
only be issued in accordance with this subsection afterthe baseline
emissions has been determined.
Any such source shall not be required to
hold ATUs for VOM emissions attributable to the new emission unit or
the modification ofthe existing emission unit for the first three complete
seasonal allotment periods in which it is
operational.
g)
For any source which acquired emission reduction credits pursuant to a
written agreement, entered into prior to January
1, 1998,
and such
emission reduction credits were acquired foruse as emissions offsets, in
accordance with 35 Ill. Adm. Code 203,
such emission reduction credits,
adjusted for the seasonal allotment period, and reduced by 24 percent,
shall be included in the baseline emissions determination for the source,
only to
the extent that:
-
1)
The Agency has issued a federally enforceable permit, prior to
January
1,
1998, to the source from which the emission reduction
credits were acquired, and such federally enforceable permit
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POLLUTION CONTROL BOARD
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recognized the creation ofthe VOM emission reduction credits by
the cessation ofall VOM-emitting activities and the withdrawal of
the operating permits for VOM-emitting activities at such other
sources; and
2)
The Agency has not relied upon the emission reduction credits
to
demonstrate attainment or reasonable further progress.
-
(Source: Amended at
—
Ill.
Reg.
______,
effective
________________
Section
205.330
Emissions Determination Methods
The owner or operator ofa participating source or new participating source shall
determine VOM emissions from the source during the seasonal allotment period using
methods as necessary to demonstrate compliance with this Part.
Such methods shall be,
at a minimum, as stringent as those requiredby any applicable requirement and any
permit condition.
The Agency shall establish the emissions determination methods
applicable to each such source in the source’s CAAPP permit or FESOP.
The following
methods, in conjunction with relevant source-specific throughput and operating data, are
acceptable methods a source may use to determine seasonal emissions, depending on the
type ofemission unit:
a)
Materialbalance calculation, based on the VOM content ofraw materials
and recovered materials, as is typically used for degreasers, coating lines,
and printing
lines equipped with a carbon adsorption system (recovery-
type control device) or without any control device;
-
b)
A standard engineering formula for estimation ofemissions, as is typically
used for storage and transfer ofvolatile organic liquids;
c)
A source-specific emission factor(s), based on representative testing and
sampling data and appropriate analysis, as typically used for petroleum
refining processes;
d)
A published USEPA emission factor(s), as is typically used for compànent
leaks;
e)
A source-specific emission rate or VOM control efficiency, based on
representative testing, as is typically used for chemical processes and
afterburners (destruction-type control device), respectively;
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
f)
A method not listed above that is sufficient to demonstrate compliance
with this Section; or
g)
An appropriate combination ofthe
above methods, as typically used for a
coating or printing line equipped with
a control device, where the available
emissions are determined by material balance and the control efficiencyis
determined by representative testing.
(Source: Amended at
—
Ill.
Reg.
______,
effective
________________
Section 205.335
Sampling. Testing, Monitoring and Recordkeeping Practices’
The owner or operator ofa participating source or new participating source shall conduct
sampling, perform testing, conduct monitoring and maintain records as needed-to
support
its method for determining seasonal emissions
in accordance with Section 205.330 ofthis
Subpart and to demonstrate compliance with this Part.
Such sampling,
testing,
monitoring and recordkeeping shall be, at a minimum, as stringent as that required by any
applicable requirement and any permit condition.
The Agency shall establish the
practices applicable to each such source in the soUrce’s CAAPP permit or FESOP.
(Source: Amended at
—
ill.
Reg.
_____,
effective
-
Section 205.337
Changes in Emission Determination
Methods and Sampling,
Testing, Monitoring
and Recordkeeping Practices
a)
The methods used for determining seasonal emissions from a source shall
generally be consistent with the methods used to determine its baseline
emissions unless the source’s permit accommodates the use ofalternate
methods to determine VOM emissions.
-
b)
Modification ofMethods and Practices
1)
If a source proposes new or revised methods to determine VOM.
emissions or new or revised supporting practices for sampling,
testing, monitoring or recordkeeping that differ significantly from.
the methods and practices specified by its current permit, the
source shall obtain a.revised CAAPP permit in accordance with the
procedures specified in Section
39.5 ofthe Act 415
ILCS 5/39.5,
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
or a revised FESOP. prior to relying on such methods and
practices.
2)
The Agency shall issue a revised permit if it finds, based upon
submission ofan appropriate permit
application, that the proposed
methods or practices are needed or appropriate to address changes
in the operation ofthe source or emission units that were not
considered when the current permit was issued, that the proposed
methods and procedures will not significantly affect the
determination ofactual seasonal emissions, or that the proposed
methods and procedures incorporate new or improved analytical
techniques or estimation methods that will increase the accuracy
with which actual seasonal emissions
are determined, and other
applicable requirements for issuance ofa revised permit are met.
3)
If the Agency approves the use of a modified method orpractice,
the Agency is authorized to determine a corrected baseline and
thereafter issue ATUs in accordance with Section 205.400(c) of
this Part pursuant to this corrected baseline.
(Source: Amended at
—
Ill.
Reg.
______,
effective
________________
SUBPART D: SEASONAL EMISSIONS MANAGEMENT
Section 205.400
Seasonal Emissions Allotment
-
a)
Each participating source shall receive an allotment which shall be issued
by the Agency and distributed in ATUs.
b)
Except for ATIJs issued pursuant to Sections 205.500 and 205.5 10 ofthis
Part, ATUs issued for any seasonal allotment period are valid for use
during the seasonal allotment period following issuance and the next
succeeding seasonal allotment period.
All ATUs shall be valid until such
ATUs expire or are retired.
c)
The initial allotment for each participating source shall be based on the
baseline emissions for such source, as determined in accordance with
-
Section 205.320 ofthis Part, and shall be reduced by
12 percent in 1999 or
in such other year that a source is issued its initial allotment, except as
provided in Section 205.405 ofthis
Subpart.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
d)
Except as provided in Section 205.337(b)(3) ofthis Part and subsections
(c) and (e) ofthis Section, allotments shall remain at
1999 or initial levels
unless
the Agency makes
a demonstration to the Board, in accordance with
the rulemaking provisions ofSections 9.8, 27
and 28 of the Act 415
ILCS
5/9.8, 27 and 28,
that furtherreductions are needed.
An allotment or a
baseline under this Part does not constitute a propertyright.
Nothing in
this Part shall be construed to limit the authority ofthe Board to terminate
or limit such allotment orbaseline pursuant to its rulemaking authority
under Sections 9.8, 27 and 2S ofthe Act 415
ILCS
5/9.8, 27 and 28.
e)
Ifthe baseline emissions for any participating source are increased in
accordance with Section 205.320(f) ofthis Part, the allotment shall be
increased by themodified portion ofthe baseline emissions amount,
reduced by
12 percent, except as provided in Section 205.405 ofthis
Subpart.
f)
Except as provided in subsection (h) ofthis Section, any new participating
source shall not be issued ATIJs by the Agency, but shall be required to
hold ATUs at the end ofthe reconciliation period as specified in
Section
205.150(d) ofthis Part for each seasonal allotment period in which it is
operational.
g)
Any source existing as ofMay 1, 1999, which first becomes subject to the
requirements ofthis Part because its
seasonal emissions increase to
10 tons
or more as a result of a majormodification pursuant to 35 Ill. Adm.
Code
203, in any seasonal allotment period beginning with 1999, shall not be
allotted ATUs by the Agency forthe VOM emissions attributable to this
modification, except as provided in subsection (h) ofthis
Section, but shall
be allotted ATUs by the Agency based on its baseline emissions, as
determined in accordance with Section 205.320 ofthis Part.
Any such
participating source shall be required to hold ATUs at the end ofthe
reconciliation period as specified in Section 205.150(c) ofthis Part, for
each seasonal allotment period in which it is subject to this Part.
h)
Ifa participating source or newparticipating source submits an ATU
‘
‘
transfer agreement authorizing the transfer ofATUs for more than one
-
year, as provided in
Section 205.630(a)(2)(B) ofthis Part, the ATUs shall
be automatically transferred by the Agency from the transferor’s
Transaction Account to the transferee’s Transaction Account.
Upon
reopening or renewal ofthe CAAPP pennit or FESOP for any such source,
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
any multiple season transfer agreement that has three ormore
years of
transfers remaining shall be identified in the renewed or reissued CAAPP
permit or FESOP for each such source.
(Source: Amended at
—
Ill.
Reg.
______,
effective
________________
Section
205.405
Exclusions
from Further Reductions
a)
VOM emissions from the following emission units, if satisfying
subsection (a)(1), (a)(2) or (a)(3) ofthis Section prior to May
1,
1999,
shall be excluded from the VOM emissions reductions requirements
specified in Section 205.400(c) and
(e) ofthis Subpart as long as suôh
emission units
continue to satisfy subsection (a)(1), (a)(2) or (a)(3) ofthis
Section:
1)
Emission units that comply with any NESHAP or MACT standard
promulgated pursuant to
the CAA;
2)
Direct combustion emission units
designed and used for comfort
heating purposes, fuel combustion emission units and internal
combustion engines; and
3)
-
An emission unit forwhich a LAER demotistration has been
approved by the Agency on or after November 15,
1990.
b)
When it is determined that an emission unit is using, prior to May 1,
1999,
BAT for controlling VOM emissions, VOM emissions from such emission
unit shall not be subject to the VOM emissions reductions requirement
specified in Section 205 .400(c) or (e) ofthis Subpart as long as such
emission unit continues to use such BAT.
The owner or operator ofa
source mayrequest such exclusion from
further reductions by providing
the following information, in addition to the information required in
Section 205.3 10 ofthis Part, in its ERMS application:
1)
Identification ofeach emission unit for which exclusion is
requested, including
the year ofinitial operation ofsuch emission
unit;
2)
Identification ofall requirements applicable to the emission unit;
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
3)
A demonstration that the emission unit is using BAT for
controlling VOM emissions;
4)
Identification ofthe permitted VOM emissions from the emission
unit;
-
—
5)
VOM emissions from the emission unit for each seasonal allotment
period used in the baseline emissions determination for the source;
and
6)
A description and quantification ofany reductions in VOM
emissions that were achieved at the emission unit or source based
on its use ofBAT.
c)
As part of its review ofan ERMS application or application for a modified
allotment, the Agency may determine that any such emissionunit qualifies
for exclusion from further reductions under subsection (a) or (b) of this
Section.
The Agency shall make its proposed determination in a draft
CAAPP permit orFESOP subject to public notice and participation,
accompanied by an explanation of its proposed action.
(Source: Amended at
—
Ill.
Reg.
______,
effective
________________
Section 205.410
‘
Participating Source
Shutdowns
a)
Ifa participating source shuts down all operations at the source, and
-
withdraws its permit or its permit is revoked or terminates, allotments
issued to such a source for each seasonal allotment period after the
shutdown occurred shall be subject to the following:
1)
80 percent of all such AT1Js shall continue to be allotted to the
owner or operator ofsuch source orits duly authorized recipient;
and
2)
20 percent ofall suchATUs shall be issued to the ACMA.
b)
Except as provided in subsection (c) of this Section, the owner or operator
ofany participating source that shuts down all operations, in accordance
with subsection (a) of this Section, shall submit a written request to have
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
its
status changed to a general participant, upon withdrawal, revocation or
termination ofits permit.
c)
The owner or operator ofany participating source that shuts down all
operations, in accordance with subsection
(a) ofthis Section, may
authorize the issuance offuture ATUs to
the Transaction Account of
another participating source, new participating source or general
participant by submitting a transfer agreement authorizing a permanent
transfer ofall future ATUs.
The CAAPP permit or FESOP of any
participating source or newparticipating source designated to receive
future allotments ofATUs pursuant to such a transfer agreement shall be
modified to reflect this transfer upon reopening or renewal.
Any ATUs
issued pursuant to
a transfer agreement entered into under this subsection
before shut down of all operations ofthe participating source shall not be
subject to subsection (a) ofthis Section.
(Source: Amended at
—
Ill.
Reg.
______,
effective
________________
SUBPART E: ALTERNATIVE ATU GENERATION
Section 205.500
Emissions Reduction Generator
Any participating source, newparticipating source or general participant may submit a
proposal for issuance ofATUs to
it based on VOM emissions reductions, as specified in
subsection (a) ofthis Section, achieved by any source or group ofsources located in the
Chicago ozone nonattainment area with an operating permit(s) other than a participating
source or new participating source.
The owner or operator ofeach source from which the
VOM emissions reductions havebeen or will be achieved shall certify its acceptance of
the terms ofthe proposal and that it has achieved or will achieve the emissions reductions
specified in the proposal.
An emissions reduction generator may applyfor a modification
to its operating permit to incorporate limitations that make the VOM emissions
reductions specified in the relevant proposal enforceable.
a)
ATUs will only be issued pursuant to
this Section
ifbased
on actual VOM
emissions reductions that meet one or more ofthe following:
1)
If, based on the same actual production rate, VOM emissions at the
source for any seasonal allotment period beginning in 1999 are or
will be lower due to the use oftechnology or materials at the
source than if operating at the sameproduction rate at the
ILLINOIS
REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
emissions level allowed by applicable requirements effective in
1996 or any requirements
included in the State Implementation
Plan, provided such reductions occurred after 1990;
2)
The source shuts down a portion or all ofits operation(s) after
1996 and withdraws the relevant operating permit(s), provided the
VOM emissions from the shut down activity or activities will not
be distributed elsewhere within the Chicago ozone nonattainment
area;
3)
The source(s) curtails its seasonal production activity resulting in
an actual reduction in
\TOM
emissions during any seasonal
-
allotment period beginning in
1999, provided the VOM emissions
from the curtailment will not be distributed elsewhere within the
Chicago nonattainment area. Such emissions reduction shall be
based on the difference between the average production level for
the two seasonal allotment periods prior to the year ofcurtailment
and the curtailed production level, calculated at the VOM emission
rate allowed by applicable requirements effective in 1996;
or_
4)
The source shuts down operations or curtails seasonal production
activity as described in subsections (a)(2)
and (a)(3) ofthis Section,
-
-
respectively, and the VOM emissions fromthe shut down activity
or activities or curtailment v~ill
be
distributed to
a participating or
new participating source or sources within the Chicago ozone
nonattainment area, and the proposal provides that all ATUs issued
pursuant to this Section on account ofsuch shut down or
curtailment are to be issued to the corresponding participating or
new participating source or sources.
b)
Ifany proposal is based on a shut down ofoperations, as specified in
subsection (a)(2) ofthis Section, that results in seasonal emissions
reductions of 10 tons or more, 20 percent ofATUs issued based on such
an emissions reduction generator proposal shall be allocated to the
ACMA.
c)
Anyproposal based on seasonal emissions reductions of 10 tons or more
and the Agency’s approval thereof shall be
subject to the public notice
requirements in accordance with the regulations governing CAAPP permit
or FESOP issuance ofSection
39.5
ofthe Act
415
ILCS
5/39.5.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
d)
Any proposal submitted shall include the following:
1)
Information
identifying the source(s) from which the VOM
emissions reductions has been or will be achieved and its owner or
operator;
2)
An explanationofthe method used to achieve the VOM emissions
reductions;
3)
Relevant information describing the nature ofthe underlying
activity that generated the VOM emissions and the relationship of
the units
at which the VOM emissions reduction occurred to other
units or sources performing the same or related activity in the
Chicago ozone nonattainment area, if the VOM emissions
reduction is attributable to
a partial or complete source shutdown
or a production curtailment, as specified in subsection (a)(2), (a)(3)
or (a)(4) ofthis Section;
4)
The amount ofVOM emissions for the two seasonal allotment
periods prior to the year(s) of curtailment, including supporting
calculations, if the VOM emissions reduction is attributable to a
production curtailment as specified in subsection (a)(3) or (a)(4) of.
this Section;
5)
The amount ofthe VOM emissions reduction, including supporting
calculations and documentation, such as material usage
information;
6)
The name and address ofthe participating source(s), new
-
participating source(s) or general participant(s) to which ATUs will
be issued,
including the name and telephone number ofthe account
officer for such source or participant; and
7)
The owner or operator ofeach proposed emission reduction
generator shall certify its acceptance ofthe terms ofthe proposal
and certify that it has achieved or will achieve the emissions
-
reductions specified in the proposal.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
e)
The owner or operator of any emissions reduction generator may modify
its operating permit to incorporate limitations that make the VOM
emissions reductions specified in the relevant proposal enforceable.
f)
Ifthe emissions reduction generator does not modify its permit, as
specified in subsection (e) of this Section, or experiences a shutdown, as
specified in subsection (a)(2) or (a)(4) ofthis Section, and the proposal is
submitted prior to the availability ofactual VOM emissions data from the
relevant seasonal allotment period, the Agency shall determine if the
proposal is acceptable on a preliminarybasis and provide notification of
this determination.
The Agency shall not issue final approval, in
accordance with subsection (g) ofthis Section, ofany such proposal
until
the actual VOM emissions data is
submitted.
g)
The Agency shall notify the participating source,
new participating source
or general participant in writing ofits final decision with respect to the
proposal within 45 days afterreceipt ofsuch proposal or receipt ofVOM
emissions data to verify that the specified reductions occurred, whichever
occurs later.
Ifthe Agency denies or conditionally approves a proposal,
this written notice shall include a statement of the specific reasons for
denying or modifying the proposal. The Agency’s determination as to the
approvabilityof any proposal submitted pursuant to this Section is subject
toreview by the Board as provided at 35
Ill. Adm. Code
105.102,
provided
the proposed emissions reduction generator is not requesting a permit
revision.
If such a permit revision is requested, the applicable permit
review and appeal procedures shall apply.
-
h)
Ifthe Agency deems that the proposal is sufficient to receive final
approval, the Agency shall issue ATUs in accordance with the following:
1)
AnyATUs
issued pursuant to this subsection shallbe issued to the
participating source(s), new participating source(s) or general
participant identified in the proposal;
2)
If the emissions reduction generator modifies its operating permit~
as specified in subsection (e) ofthis Section, to incorporate
limitations that make the VOM emissions reductions specified in
the relevant proposal enforceable, ATUs shall be issued on the date
such source is required to comply with the limitations in the permit
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
and for each seasonal allotment period thereafter in which the
VOM emissions reductions are required by the source’s permit;
3)
If the proposal is based on a partial or complete shut down, as
specified in subsection (a)(2) or (a)(4) ofthis Section, ATUs shall
be issued before the seasonal allotment period for each year
specified in the proposal;
4)
Ifthe emissions reduction generator does not modify its permit and
the proposal is submitted prior to the availability of actual VOM
emissions data from the relevant seasonal allotment period(s), the
Agency shall issue ATUs upon final approval which shall occur.
after actual VOM emissions data is evaluated for the relevant
seasonal allotment period;
5)
Ifthe emissions reduction generator includes information on actual
VOM emissions reductions during the seasonal allotment period
for which ATUs
are sought, ATUs will be issued by the Agency
upon final approval ofthe proposal;
6)
Except as provided in subsection (h)(7) ofthis Section, ATUs
issued pursuant to
this subsection shall only be
valid for the
seasonal
allotment period in which the emissions reductions were
achieved;
7)
Ifthe VOM emissions reductions specified in a proposal
are
-
incorporated into the emissions reduction generator’s permit or, if
the emissions reduction generator shuts down all or a portion of its
operations and withdraws all relevant operating permits, ATUs
issued pursuant to this subsection shall be valid for the seasonal
allotment period following issuance and for the next seasonal
allotment period; and
8)
The number ofATUs issued pursuant to
subsection (h)(2) or (h)(3)
ofthis Section based on a proposal under subsection (a)(4) ofthis
Section shall be equal to the number ofATUs otherwise issuable
under this Section reduced by
12 percent.
-
(Source: Amended at
—
Ill.
Reg.
______,
effective
________________
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
Section 205.510
Inter-Sector Transaction
.
-.
Any person may submit a proposal to the Agency to have ATUs issued to the Transaction
Account ofa participating source, new participating source or general participant
equivalent to VOM emissions reductions from mobile sources or area sources in the
Chicago area.
Any such proposal for the VOM emissions reduction project is subject to
Agency review and approval, shall be consistent with laws and regulations and shall
include all supporting documentation.
The Agency shall review all
such proposals in
accordance with the following:
a)
Regulatory Based Proposal
-
If the VOM emission reductions that have been generated orwill be
generated are pursuant to
a regulation that provides the procedure to
determine VOM emissions reductions and allows for such reductions to be
converted to ATUs, the Agency shall approve the proposal if based on the
provisions of the applicable regulation.
The Agency shall approve,
conditionally approve or deny any complete and adequately supported
proposal within 45 days after the Agency’s receipt thereofby sending
written notification of its decision.
If the Agency denies or conditionally
approves a proposal, this written notice shall include a statement ofthe
specific reasons for denying or modifying the proposal.
b)
Other Proposals
Ifthe proposal is based on VOM emissions reductions that have been
-
generated orwill be generated which are beyond VOM emissions
reductions required by any mandatory applicable rules, the proposal shall
include an explanation of the method(s) used to achieve the VOM
emissions reductions and the method(s) used to quantify the VOM
emissions reductions, including supporting documentation and
calculations.
The Agency shall evaluate the validity ofVOM emission
reductions that allegedly were generated orwill be generated and approve,
conditionally approve or deny any completeproposal within 90
days after
the Agency’s receiptby sending written notification ofits decision to the
source.
Ifthe Agency denies or conditionally approves a proposal, this
-
written notice shall include a statement of the specific reasons for denying
or modifying the proposal.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
c)
No ATUs shall be issued based on mobile or area source VOM emissions
reductions unless a proposal, in accordance with this
Section, has been
approved by the Agency.
d)
All ATUs issued pursuant to a proposal approved pursuant to
this Section
shall be issued to the TransactionAccount identified in the proposal.
Such
ATUs shall only be valid for the seasonal allotment period in which the
emissions reductions were achieved, unless
the Agency specifies in its
approval that
such ATUs shall be valid for the seasonal allotment period
following issuance and for the next seasonal allotment period.
e)
The Agency’s determination that a proposal submitted pursuant to this
Section is
denied or conditionally approved is subject to review by the
Board as provided at 35 Ill. Adm.
Code 105.102.
(Source: Amended at
—
Ill.
Reg.
______,
effective
________________
SUBPART F:
MARKET TRANSACTIONS
Section
205.610
Application
for Transaction Account
a)
Each participating source, new participating source
and general participant
shall apply for and obtain authorization for a Transaction Account from
the Agency prior to conducting any market transactions.
Each
participating source shall submit to the Agency its
completed application
for a Transaction Account no later than 30 days prior to the beginning of
the first seasonal allotment period in which the source is required to
participate.
Each new participating source shall submit to the Agency its
completed application for a Transaction Account no later than 30 days
prior to the beginning ofthe first seasonal allotment period in which it is
operational.
b)
Each Transaction Account application shall include the following
information:
1)
The name and address ofthe participating source, new
participating source or general participant, and the name and
address of its owner or operator;
2)
The names and addresses ofall designated account officers;
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
3)
The certification specified in Section 205.620(a)(5) ofthis Subpart
signed by each account officer;
and
4)
For a participating source or new participating source,
identification of the CAAPP permit or FESOP number for the
source.
c)
.
Special Participants
Any person may purchase ATUs to retire for air quality benefit only.
Such
person shall be a special participant and shall registerwith the Ager~cy
prior to its first ATU purchase.
Special participants will not have
Transaction Accounts
in the Transaction Account database.
All ATUs
purchased by special participants will be retired effective on the date of
purchase and will be listed as retired in the appropriate database.
d)
Special participants will be given a registration numberby the Agency so
that their purchases ofATUs can be recorded.
-
(Source: Amended at
—
Ill.
Reg.
______,
effective
________________
SUBPART
G:
PERFORMANCE ACCOUNTABILITY
Section 205.700
Compliance Accounting
-
a)
The owner or operator ofeach participating source ornew participating
source shall maintain and retain for five years at the source or at another
location agreed to by the Agency, in conjunction with the records it
maintains to demonstrate compliance with its CAAPP permit or FESOP,
all ofthe following documents as its compliance master file:
1)
A copy ofits seasonal component ofits Annual Emissions Report;
2)
Information on actual VOM emissions, as recorded in accordance~
with Section 205 .335 ofthis Part,
and as required by the CAAPP
permit or FESOP for the s.ource; and
3)
Copies ofany transferagreements for the purchase or sale ofATUs
and other documentation associated with the transfer ofATUs.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
b)
Compliance Master File Review
-.
1)
The owner or operator ofeach participating source or new
participating source shall allow the Agency or an authorized
representative to
enter and inspect the premises as described by in
accordance with Section 39.5(7Xp~(ii)ofthe Act 415
ILCS
5/39.5(7)(p~(ii)and to review its compliance master file.
2)
After the conclusion of each compliance master file review, a
report shall be prepared by the Agency and issued to the inspected
source that includes the following information:
-
A)
An identification ofany noncompliance with the
requirements ofthis Part; and
B)
An evaluation ofincreases and decreases in seasonal
emissions ofVOMs that are also hazardous air pollutants,
as related to
ATU transactions.
3)
Nothing in this Part shall affect any other obligations ofa source to
allow inspection(s) under State or federal laws or regulations.
(Source: Amended at
—
Ill.
Reg.
______,
effective
________________
Section 205.730
Excursion
Reporting
-
Upon issuance ofeachExcursion Compensation Notice to any source that has already had
one previous admitted or adjudicated emissions excursion, the source shall submit to the
Agency any additional reports required by the source’s CAAPP permit or FESOP
pursuant to Section 39.5(7)(f) ofthe Act 415
ILCS
5/39.5(7)(f).
(Source: Amended at
—
Ill.
Reg.
______,
effective
~)
Section
205.750
Emergency Conditions
VOM emissions that are a consequence ofan emergency, and are in excess ofthe
technology-based emission rates which are achieved during normal operating conditions,
to the extent that such excess emissions are not caused by improperly designed
equipment, lack ofpreventative maintenance, careless or improper operation, or operation
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
error,
shall be deducted
from the calculation ofactual VOM emissions during the
seasonal allotment period in which the emergency occurred, subject to the following:
a)
The owner or operator ofthe participating source or new participating
source shall submit an initial emergency conditions report to the Agency
within two
days afterthe time when such excess
emissions occurred due to
the emergency.
The submittal ofthis initial emergency conditions report
shall be sufficient to fulfill the notice requirements of Section 39.5(7)(k)
ofthe Act 415
ILCS 5/39.5(7)(k)
as it relates to VOM emissions
at the
source if the report provides a detailed description ofthe emergency, any
steps taken to mitigate emissions and corrective actions taken, to the
extent practicable.
The final report shall contain the following
information:
1)
A description ofthe cause(s) ofthe emergencyand the duration of
the episode;
2)
Verification that the source was being operated properly at the time
ofthe emergency;
3)
A demonstration that the source took all reasonable steps to
minimize excess VOM emissions
during the emergency period,
-
~includingbut not limited to the
following actions, if technically
and economically feasible:
A)
The level ofoperation ofthe affected emission unit(s) was
minimized;
B)
The level ofemissions from the affected emission units(s)
was minimized by use ofalternative raw materials or
alternative control measures;
C)
The duration ofthe excess emissions was minimized; and
D)
The amount ofVOM emissions
from otheremission units
at the source or other sources located in the Chicago ozone
nonattainment
area owned oroperated by the person or
entity were reduced;
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
4)
A demonstration that appropriate corrective action(s) were taken
promptly;
-,
5)
A demonstration that the affected emission units were:
A)
Being carefully and properly operated at the time ofthe
emergency, including copies of appropriate records and
other relevant evidence;
B)
Properly designed; and
C)
Properly maintained with appropriate preventative
-
maintenance; and
6)
An estimate ofthe amount of VOM emissions
that occurred during
the emergency in excess ofthe technology-based emission factor
achieved during normal operating conditions,
including supporting
data, the relevant emissions factor, and calculations.
b)
The owner oroperator of any such source may supplement its initial
emergencyconditions report within
10 days after the conclusion ofthe
emergency situation.
Ifan initial
emergencyconditions report is not
supplemented, such report is deemed the final emergency conditions
report.
If, however, an initial emergencyconditions report is
supplemented, the combination ofsuch initial report plus the supplemental
information is deemed the final emergency conditions report.
-
c)
The Agency must approve, conditionally approve orreject the findings in
the final emergency conditions reports submitted by the sourc; in writing
within 45
3-0 days after receipt ofthe initial emergency conditions, a
complete report, subject to the following:
1)
Ifthe Agency concurs with the emergency conditions report, the
source is not required to hold ATUs for the excess VOM emissions
attributable to the emergency;
2)
If the Agency approves with conditions or rejects the emergency
conditions report, the source shall be required to hold ATUs by the
end ofthe reconciliation period in an amount not less than the
emissions identified as excess in the emergency conditions report
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
or provide emissions
excursion compensation
in accordance with
Section 205.720 ofthis Subpart, if an emissions excursion
occurred;
3)
Ifthe Agency approves with conditions an emergency conditions
report, the Agency must identify in its written notice the amount of
VOM emissions that are not attributable to an emergency; and
4)
Ifthe Agency approves with conditions
or rejects a source’s
emergency conditions report, the source may raise the emergency
as an affirmative defense pursuant to
Section 39.5(7)(k) of the Act
415
ILCS
5/39.5(7)(k)
in any action brought for noncompliance
with this Part or an action brought to
review the Agency’s issuance
of an Excursion Compensation Notice, as provided in
Section
205 .720(d) ofthis
Subpart.
d)
Nothing in this Section relieves any source of any obligation to comply
with other applicable requirements, permit conditions, or other provisions
addressing emergency situations.
(Source: Amended at
—
Ill.
Reg.
______,
effective
________________
Section 205.76W
-
Market
System Review Procedures
-
Beginning in 2000, the Agency shall prepare an Annual Performance Review Report that
addresses the effect ofVOM emissions reductions in the Chicago ozone nonattainment
area on progress toward meeting the RFP requirements and achieving attainment ofthe
NAAQS for ozone by 2007.
a)
The Annual Performance Review Report will review trends and patterns
which mayhave emerged in the operation ofthe ERMS, and shall include,
but not be limited to, the following:
1)
Total aggregate VOM emissions
during the previous seasonal
allotment period;
2)
The number ofATUs retired for compliance purposes or for air
quality benefit, currently being banked, or used by new
participating sources for the previous seasonal allotment period;
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
3)
An evaluation oftrading activities, including sources with no
trading activity,
sources that are netpurchasers ofATUs and
sources that are net sellers ofATUs;
4)
ACMA transactions since the preparation of the previous report
and the account balance;
5)
A summary ofemissions reduction generator and inter-sector
proposals;
-
6)
Distribution oftransactions by geographic
area or character of
source;
-
7)
Availability ofATUs forpurchase;
8)
The average market price for ATUtransactions from the previous
seasonal allotment period; and
9)
Trends and spatial distributions ofhazardous air pollutants.
b)
The Agency shall prepare the Report by June 30 May 15 ofthe year
following the seasonal allotment period addressed by the Report.
The
Agency will make copies ofits Report
available t6 interested parties upon
request.
(Source: Amended at
—
Ill.
Reg.
______,
effective
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
TITLE 35:
ENVIRONMENTAL PROTECTION
SUBTITLE B:
AIR POLLUTION
CHAPTER I:
POLLUTION CONTROL BOARD
SUBCHAPTER
C:
EMISSION STANDARDS AND LIMITATIONS FOR
STATIONARY SOURCES
PART 211
DEFINITIONS AND GENERAL PROVISIONS
SUBPART A:
GENERAL PROVISIONS
Section
211.101
Incorporations by Reference
211.102
Abbreviations and Conversion Factors
SUBPART B:
DEFINITIONS
Section
211.121
Other Definitions
211
122
Definitions
(Repealed)
211.130
Accelacota
211.150
Accumulator
211.170
Acid Gases
211.210
Actual Heat Input
211.230
Adhesive
211.240
Adhesion Promoter
211.250
Aeration
211.270
Aerosol Can Filling Line
211.290
Afterburner
211.310
AirContaminant
211.330
Air Dried Coatings
211.350
Air Oxidation Process
211.370
Air Pollutant
211.390
Air Pollution
211.410
Air Pollution Control Equipment
211.430
Air Suspension Coater/Dryer
211.450
Airless Spray
211.470
Air Assisted Airless Spray
211.474
Alcohol
211.479
Allowance
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED
AMENDMENTS
211.484
Animal
211.485
Animal Pathological Waste
211.490
Annual Grain Through-Put
211.495
Anti-Glare/SafetyCoating
211.510
Application Area
211.530
Architectural Coating
211.550
AsApplied
211.560
As-Applied Fountain Solution
211.570
Asphalt
211.590
Asphalt Prime Coat
211.610
Automobile
211.630
Automobile or Light-Duty Truck Assembly Source or Automobile or Light-Duty
Truck Manufacturing Plant
211.650
Automobile or Light-Duty Truck Refinishing
211.660
Automotive/Transportation Plastic Parts
211.670
Baked Coatings
211.680
Bakery Oven
211.685
Basecoat/Clearcoat System
211.690
‘
Batch Loading
211.695
Batch Operation
211.696
Batch Process Train
211.710
Bead-Dipping
211.730
Binders
211.750
British Thermal Unit
211.770
Brush or Wipe Coating
211.790
Bulk Gasoline Plant
211.810
Bulk Gasoline Terminal
211.820
Business Machine Plastic Parts
211.830
Can
211.850
Can Coating
211.870
Can Coating Line
211.890
Capture
211.910
Capture Device
211.930
Capture Efficiency
211.950
Capture System
211.955
Cement
211.960
Cement Kiln
211.970
Certified Investigation
211.980
Chemical Manufacturing Process Unit
ILLINOIS
REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
211.990
Choke Loading
211.1010
CleanAirAct
211.1050
Cleaning and Separating Operation
211.1070
Cleaning Materials
211.1090
Clear Coating
211.1110
ClearTopcoat
211.1120
Clinker
211.1130
Closed Purge
System
211.1150
Closed Vent
System
211.1170
CoalRefuse
211.1190
Coating
211.1210
Coating Applicator
211.1230
Coating Line
211.1250
Coating Plant
211.1270
Coil Coating
211.1290
Coil CoatingLine
211.1310
Cold Cleaning
211.1312
Combined Cycle System
211.1316
Combustion Turbine
211.1320
Commence Commercial Operation
211.1324
Commence Operation
211.1328
Common Stack
211.1330
Complete Combustion
211.1350
Component
211.1370
Concrete CuringCompounds
211.1390
Concentrated Nitric Acid Manufacturing Process
211.1410
Condensate
211.1430
Condensible PM-b
211.1465
Continuous Automatic Stoking
211.1467
Continuous Coater
211.1470
Continuous Process
211.1490
Control
Device
211.1510
ControlDevice Efficiency
211.1515
ControlPeriod
211.1520
Conventional
Air
Spray
211.1530
Conventional SoybeanCrushing Source
211.1550
Conveyorized Degreasing
211.1570
Crude Oil
211.1590.
Crude Oil Gathering
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
211.1610
Crushing
211.1630
Custody Transfer
211.1650
Cutback Asphalt
211.1670
Daily-Weighted Average VOM Content
211.1690
Day
211.1710
Degreaser
211.1730
Delivery Vessel
211.1750
Dip Coating
211.1770
Distillate Fuel Oil
211.1780
Distillation Unit
211.1790
Drum
211.1810
Dry Cleaning OperationorDry Cleaning Facility
211.1830
Dump-PitArea
211.1850
Effective Grate Area
211.1870
Effluent Water Separator
211.1875
Elastomeric Materials
211.1880
Electromagnetic Interference/Radio Frequency Interference (EMI!RFI) Shielding
Coatings
211.1885
Electronic Component
211.1890
Electrostatic Bell or Disc Spray
211.1900
Electrostatic Prep Coat
211.1910
Electrostatic Spray
211.1920
Emergency or Standby Unit
211.1930
Emission Rate
211.1950
Emission Unit
211.1970
Enamel
211.1990
Enclose
211.2010
End SealingCompound Coat
211.2030
EnhancedUnder-the-Cup Fill
211.2050
Ethanol Blend Gasoline
211.2070
Excess
Air
211.2080
Excess Emissions
211.2090
Excessive
Release
211.2110
Existing Grain-DryingOperation (Repealed)
211.2130
ExistingGrain-Handling Operation (Repealed)
211.2150
Exterior BaseCoat
211.2170
Exterior EndCoat
211.2190
ExternalFloatingRoof
211.2210
ExtremePerformance Coating
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OFPROPOSEDAMENDMENTS
211.2230
Fabric Coating
211.2250
Fabric Coating Line
211.2270
Federally Enforceable Limitations and Conditions
211.2285
Feed Mill
211.2290
Fermentation Time
211.2300
Fill
211.2310
Final Repair Coat
211.2330
Firebox
211.2350
Fixed-RoofTank
211.2360
Flexible Coating
211.2365
Flexible Operation Unit
211.2370
Flexographic Printing
211.2390
Flexographic Printing Line
211.2410
Floating Roof
211.2420
Fossil Fuel
211.2425
Fossil Fuel-Fired
211.2430
Fountain Solution
211.2450
Freeboard Height
211.2470
Fuel Combustion Emission Unit or Fuel Combustion Emission Source
211.2490
Fugitive Particulate Matter
211.2510
Full OperatingFlowrate
211.2530
Gas Service
211.2550
Gas/Gas Method
211.2570
Gasoline
211.2590
Gasoline Dispensing
Operation or Gasoline Dispensing Facility
211.2610
GelCoat
211.2620
Generator
211.2630
Gloss Reducers
211.2650
Grain
211.2670
Grain-Drying Operation
211.2690
Grain-Handling and
Conditioning Operation
211.2710
Grain-Handling Operation
211.2730
Green-Tire Spraying
211.2750
Green Tires
211.2770
Gross Heating Value
211.2790
Gross Vehicle Weight Rating
211.2810
Heated Airless Spray
211.2815
HeatInput
211.2820
Heat Input Rate
ILLINOISREGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
211.2830
Heatset
211.2850
Heatset Web Offset Lithographic Printing Line
211.2870
Heavy Liquid
-
211.2890
Heavy Metals
211.2910
Heavy Off-HighwayVehicle Products
211.2930
Heavy Off-HighwayVehicle Products Coating
211.2950
Heavy Off-HighwayVehicle Products Coating Line
211.2970
High Temperature Aluminum Coating
211.2990
High Volume Low Pressure (HVLP) Spray
211.3010
Hood
211.3030
Hot Well
211.3050
Housekeeping
Practices
211.3070
Incinerator
211.3090
Indirect Heat Transfer
211.3110
Ink
211.3130
In-Process Tank
211.3150
In-Situ
Sampling Systems
211.3170
Interior Body Spray Coat
211.3190
Internal-Floating Roof
211.3210
Internal Transferring Area
211.3230
Lacquers
211.3250
Large Appliance
211.3270
Large Appliance Coating
211.3290
Large Appliance Coating Line
211.3310
Light Liquid
211.3330
Light-Duty Truck
211.3350
Light Oil
211.3370
Liquid/Gas Method
211.3390
Liquid-Mounted Seal
211.3410
Liquid Service
211.3430
Liquids Dripping
211.3450
Lithographic Printing Line
211.3470
Load-Out Area
211.3480
Loading Event
211.3483
Long DryKiln
211.3485
Long WetKiln
211.3487
Low-NOx Burner
211.3490
Low
Solvent Coating
-
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
211.3500
Lubricating Oil
211.3510
MagnetWire
211.3530
MagnetWire Coating
211.3550
MagnetWire CoatingLine
211.3570
MajorDump Pit
211.3590
Major Metropolitan Area
(MMA)
211.3610
Major Population Area(MPA)
211.3620
Manually OperatedEquipment
211.3630
Manufacturing Process
211.3650
Marine Terminal
211.3660
Marine
Vessel
211.3670
Material RecoverySection
211.3690
Maximum Theoretical Emissions
211.3695
Maximum
True Vapor Pressure
211.3710
Metal Furniture
211.3730
Metal Furniture Coating
211.3750
Metal Furniture Coating
Line
211.3770
Metallic Shoe-Type Seal
211.3780
Mid-Kiln Firing
211.3790
Miscellaneous Fabricated Product Manufacturing Process
211.3810
Miscellaneous Formulation Manufacturing Process
211.3830
Miscellaneous Metal Parts and Products
211.3850
Miscellaneous Metal Parts and Products Coating
211.3870
Miscellaneous Metal Parts or Products Coating Line
211.3890
~MiscellaneousOrganic Chemical Manufacturing Process
211.3910
Mixing Operation
211.3915
Mobile Equipment
-
211.3930
Monitor
211.3950
Monomer
211.3960
Motor Vehicles
211.3965
Motor Vehicle Refinishing
211.3970
Multiple Package Coating
211.3980
Nameplate Capacity
211.3990
New Grain-Drying Operation (Repealed)
211.4010
‘
New Grain-Handling Operation (Repealed)
211.4030
No Detectable Volatile Organic Material Emissions
211.4050
Non-Contact ProcessWater Cooling Tower
211.4055
Non-FlexibleCoating
211.4065
Non-Heatset
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
-
NOTICE OF PROPOSED AMENDMENTS
211.4067
NOx Trading Program
211.4070
Offset
211.4090
OneHundred PercentAcid
211.4110
One-Turn Storage Space
211.4130
Opacity
211.4150
Opaque Stains
211.4170
Open Top Vapor Degreasing
211.4190
Open-Ended Valve
211.4210
Operator ofa Gasoline Dispensing Operation or Operator ofa Gasoline
Dispensing Facility
211.4230
Organic Compound
211.4250
Organic Material and Organic Materials
211.4260
Organic Solvent
211.4270
Organic Vapor
211.4290
Oven
211.4310
Overall Control
211.4330
Overvarnish
211.4350
Owner of a Gasoline Dispensing Operation or Owner ofa Gasoline Dispensing
Facility
211.4370
Owner or Operator
211.4390
Packaging Rotogravure Printing
211.4410
Packaging Rotogravure Printing Line
211.4430
Pail
.211.4450
Paint Manufacturing Source or Paint Manufacturing Plant
211.4470
Paper Coating
211.4490
Paper Coating Line
211.4510
Particulate Matter
211.4530
Parts Per Million (Volume) or PPM (Vol)
211.4550
Person
.
211.4590
Petroleum
211.4610
PetroleumLiquid
21 L4630
PetroleumRefinery
211.4650
Pharmaceutical
211.4670
Pharmaceutical CoatingOperation
211.4690
Photochemically ReactiveMaterial
211.4710
Pigmented Coatings
211.4730
Plant
211.4740
Plastic Part
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICEOF PROPOSEDAMENDMENTS
211.4750
Plasticizers
211.4770
PM-b
211.4790
Pneumatic Rubber Tire Manufacture
211.4810
Polybasic Organic Acid Partial Oxidation Manufacturing Process
211.4830
Polyester Resin Material(s)
211.4850
Polyester Resin Products Manufacturing Process
211.4870
Polystyrene Plant
211.4890
Polystyrene Resin
211.4910
Portable Grain-Handling Equipment
211.4930
Portland Cement Manufacturing Process Emission Source
211.4950.1
Portland Cement Process orPortland Cement Manufacturing Plant
211.4960
Potential Electrical Output Capacity
211.4970
Potential to Emit
211.4990
Power Driven Fastener Coating
211.5010
Precoat
211.5015
PreheaterKiln
211.5020
Preheater/PrecalcinerKiln
-
‘211.5030
PressureRelease
211.5050
Pressure Tank
211.5060
Pressure/Vacuum Relief Valve
211.5061
Pretreatment Wash Primer
211.5065
Primary Product
211.5070
Prime Coat
211.5080
Primer Sealer
211.5090
Primer Surfacer Coat
211.5110
Primer Surfacer Operation
211.5130
Primers
211.5150
Printing
211.5170
PrintingLine
211.5185
Process Emission Source
211.5190
Process EmissionUnit
211.5210
ProcessUnit
211.5230
ProcessUnit Shutdown
211.5245
ProcessVent
211.5250
Process Weight Rate
211.5270
Production EquipmentExhaust System
211.5310
Publication Rotogravure PrintingLine
211.5330
Purged Process Fluid
211.5340
RatedHeatInput Capacity
ILLINOIS REGISTER
POLLUTION CONTROLBOARD
NOTICE OF PROPOSED AMENDMENTS
211.5350
Reactor
211.5370
Reasonably Available Control Technology (RACT)
211.5390
Reclamation System
211.5410
Refiner
211.5430
RefineryFuel Gas
211.5450
Refinery Fuel Gas System
211.5470
Refinery Unit orRefinery Process Unit
211.5480
Reflective Argent Coating
211.5490
Refrigerated Condenser
211.5500
Regulated Air Pollutant
211.5510
Reid Vapor Pressure
211.5530
Repair
211.5550
Repair Coat
211.5570
Repaired
211.5580
Repowering
211.5590
Residual Fuel Oil
211.5600
Resist
Coat
211.5610
Restricted Area
211.5630
Retail Outlet
211.5650
Ringelmann Chart
211.5670
Roadway
211.5690
Roll Coater
211.5710
Roll Coating
211.5730
Roll Printer
211.5750
Roll Printing
211.5770
Rotogravure Printing
211.5790
Rotogravure Printing Line
211.5810
Safety ReliefValve
211.5830
Sandblasting
211.5850
Sanding Sealers
211.5870
Screening
211.5890
Sealer
211.5910
,
Semi-Transparent Stains
211.5930
Sensor
211.5950
SetofSafety ReliefValves
211.5970
Sheet Basecoat
211.5980
Sheet-Fed
211.5990
Shotblasting
211.6010-
Side-Seam Spray Coat
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OFPROPOSEDAMENDMENTS
211.6025
Single Unit Operation
211.6030
Smoke
211.6050
Smokeless Flare
-
211.6060
Soft Coat
211.6070
Solvent
211.6090
Solvent Cleaning
211.6110
Solvent Recovery System
211.6130
Source
211.6140
Specialty.Coatings
211.6145
Specialty Coatings for Motor Vehicles
211.6150
Specialty High Gloss Catalyzed Coating
211.6170
Specialty Leather
211.6190
Specialty Soybean Crushing Source
211.6210
Splash Loading
211.6230
Stack
211.6250
Stain Coating
211.6270
Standard Conditions
211.6290
Standard Cubic Foot (scf)
211.6310
Start-Up
211.6330
Stationary Emission Source
211.6350
Stationary Emission Unit
211.6355
Stationary Gas Turbine
211.6360
Stationary Reciprocating InternalCombustion Engine
211.6370
Stationary Source
211.6390
Stationary Storage
Tank
211.6400
Stencil Coat
211.6410
Storage Tankor Storage Vessel
211.6420
Strippable Spray Booth Coating
211.6430
Styrene Devolatilizer Unit
211.6450
Styrene RecoveryUnit
211.6470
Submerged LoadingPipe
211.6490
Substrate
211.6510
SulfuricAcid Mist
211.6530
‘
SurfaceCondenser
211.6540
Surface Preparation Materials
211.6550
Synthetic Organic Chemicalor PolynierManufacturing Plant
211.6570
Tablet Coating Operation
211.6580
Texture Coat
211.6590
Thirty-Day RollingAverage
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
‘NOTICE OF PROPOSED AMENDMENTS
211.6610
Three-Piece Can
211.6620
Three orFour Stage Coating System
211.6630
Through-the-Valve Fill
211.6650
Tooling Resin
211.6670
Topcoat
211.6690
Topcoat
Operation
211.6695
Topcoat System
211.6710
Touch-Up
211.6720
Touch-Up Coating
211.6730
Transfer Efficiency
211.6750
TreadEnd Cementing
211.6770
True Vapor Pressure
211.6790
Turnaround
211.6810
Two-PieceCan
211.6830
Under-the-Cup Fill
211.6850
Undertread Cementing
211.6860
Uniform Finish Blender
211.6870
Unregulated Safety ReliefValve
211.6880
Vacuum Metallizing
211.6890
Vacuum Producing System
211.6910
Vacuum Service
211.6930
Valves Not ExternallyRegulated
211.6950
Vapor Balance System
211.6970
Vapor Collection
System
211.6990
Vapor Control System
211.7010
Vapor-Mounted Primary Seal
211.7030
Vapor Recovery System
211.7050
Vapor-Suppressed ‘Polyester Resin,
211.7070
Vinyl Coating
211.7090
Vinyl Coating Line
211.7110
Volatile Organic Liquid (VOL)
211.7130
Volatile Organic Material Content (VOMC)
211.7150
Volatile Organic Material (VOM) or Volatile Organic Compound (VOC)
211.7170
Volatile Petroleum Liquid
211.7190
WashCoat
211.7200
Washoff Operations
211.7210
Wastewater (OillWater) Separator
211.7230
Weak Nitric Acid Manufacturing Process
211.7250
Web
—
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
-
NOTICE OFPROPOSEDAMENDMENTS
211.7270
Wholesale Purchase
-
Consumer
211.7290
Wood Furniture
211.7310
Wood Furniture Coating
211.7330
Wood Furniture Coating Line
211.7350
Woodworking
211.7400
Yeast
Percentage
AppendixA
Rule into Section Table
Appendix B
Section into Rule Table
AUTHORITY:
Implementing
Sections
9, 9.1, 9.9
and
10
and authorized by Sections 27 and
28.5
of
the Environmental Protection Act 415
ILCS
5/9,
9.1, 9.9,
10, 27 and 28.5.
SOURCE:
Adopted as Chapter 2:
Air Pollution, Rule 201:
Definitions, R71-23,
4
PCB
191,
filed and effective April
14,
1972;
amended in R74-2
and R75-5, 32 PCB
295, at 3 Ill. Reg.
5,
p.
777, effective February 3,
1979;
amended in R78-3
and
4, 35PCB 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.
13590; amended in R82-1
(Docket A) at
10 Ill. Reg.
12624, effective
July 7,
1986;
amended in R85-2l(A) at 11111.
Reg.
11747, effective June 29,
1987; amended in
R86-34 at 11111. Reg.
12267, effective July
10,
1987; amended in R86-39 at 11111. Reg. 20804,
effective December
14,
1987;
amended in R82-14 and R86-37 at 12 Ill. Reg. 787, effective
December 24,
1987; amended in R86-18
at
12 Ill. Reg.
7284, effective April 8,
1988; amended in
R86-10 at 12 Ill. Reg.
7621, effective April
11,
1988; amended in R88-23
at
13 Ill. Reg.
10862,
effective June 27,
1989; amended in R89-8 at
13 Ill. Reg.
17457, effective January
1,
1990;
amended in R89-16(A) at
14111. Reg.
9141, effective May23, 1990; amended in R88-30(B) at
15
Ill. Reg. 5223, effective March 28,
1991;
amended in R88-14 at
15 Ill. Reg. 7901, effective May
14,
1991; amended in R91-10 at
15 Ill. Reg.
15564, effective October 11, 1991;
amended in R91-
6 at 15111.
Reg.
15673, effective October 14,
1991;
amended in R9b-22 at
16 Ill. Reg. 7656,
effective May 1, 1992;
amended in R91-24 at
16 Ill. Reg.
13526, effective August 24,
1992;
amended in R93-9
at
17 Ill. Reg.
16504, effective September 27,
1993; amended in R93-1
1
at
17
Ill. Reg. 21471, effective December 7,
1993; amended in R93-14 at
18 Ill. Reg.
1253, effective
January 18,
1994; amended in R94-12 at
18 Ill. Reg.
14962, effective September 21,
1994;
amended in R94-14 at
18 Ill. Reg.
15744, effective October 17,
1994; amended in R94-15
at 18
Ill. Reg.
16379, effective October 25,
1994; amended in R94-l6 at
18 Ill.
Reg.
16929, effective
November
15,
1994; amended in R94-21, R94-31
and R94-32 at
19 Ill. Reg. 6823,
effective May
9, 1995;
amended in R94-33 at
19 Ill.
Reg. 7344,
effective May22,
1995;
amended in R95-2 at
19111. Reg.
11066,
effective July
12,
1995;
amended in R95-16 at
19 Ill. Reg. 15176,
effective
October 19,
1995;
amended in R96-5
at 20 Ill. Reg. 7590, effective May22,
1996; amended in
R96-16 at 21111.
Reg. 2641, effective February 7,
1997;
amended in R97-17 at 21111. Reg.
6489,
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
effective May 16,
1997; amended in R97-24 at 21111. Reg. 7695, effective June 9,
1997;
amended in R96-17 at 21111. Reg. 7856, effective June
17,
1997;
amended in R97-31
at 22 Ill.
Reg. 3497, effective February 2,
1998;
amended in R98-17 at 22 Ill. Reg.l 1405,
effective June
22,
1998; amended in R01-9 at 25 Ill. Reg.
128, effective December 26, 2000;
amended in ROl-
11
at 25 Ill. Reg. 4597, effective March
15, 2001; amended in R01-17 at 25 Ill. Reg. 5900,
effective April
17, 2001; amended at
Ill. Reg.
,
effective
__________________
BOARD NOTE:
This Part implements the Illinois Environmental Protection Act as ofJuly
1,
1994.
SUBPART B:
DEFINITIONS
Section 211.3695
Maximum True Vapor Pressure
“Maximum true vapor pressure” means the equilibrium partial pressure exerted by stored VOL at
the temperature equal to the highest calendar-month average ofthe VOL storage temperature for
VOLs stored above orbelow
the ambient temperature or at the local maximum monthly average
temperature of75
degrees fahrenheit for the Chicago nonattainment area as defined at 35
Ill.
Adm.
Code 218.100 or 79 degrees fahrenheit for the Metro-East nonattainment area as defined at
35 Ill. Adm.
Code 219.100 for VOLs stored at the ambient temperature, as determined:
a)
In accordance with methods described in American Petroleum Institute bulletin
2517, Evaporation Loss from External Floating Roof Tanks, incorporated by
reference at 35
Ill.
Adm. Code 218.112 and 219.112; or
b)
By ASTM
Method D2879-83, incorporated by reference at 35 Ill. Adm.
Code
218.112(a)(1) and 219.112(a)(1).
(Source: Amended at
—
Ill.
Reg.
______,
effective
________________
STATE OF ILLINOIS
)
COUNTY OF SANGAMON
)
SS
)
)
CERTIFICATE OF SERVICE
I, the undersigned, an attorney, state that I have served the attached
RULEMAKING PROPOSAL entitled “AMENDMENTS TO 35 ILL. ADM. CODE 205,
EMISSIONS REDUCTION MARKET SYSTEM, AND 35 ILL. ADM. CODE 211,”
MOTION FOR EXPEDITED REVIEW, AND APPEARANCE upon the person to whom
it is directed, by placing a copy in an envelope addressed to:
Dorothy Gunn
Clerk
Illinois Pollution Control Board
James R. Thompson Center
100
West Randolph, Suite 11-500
Chicago, IL
60601
(Overnight Mail)
ChiefLegal Counsel
Illinois Department ofNatural Resources
One Natural Resources Way
Springfield, IL 62702
(First Class
Mail)
SEE
ATTACHED SERVICE
LIST
Matthew Dunn
Chief
Division ofEnvironmental
Enforcement
Office ofthe Attorney General
188 West Randolph St.,
20th
Floor
Chicago, IL 60601
(First Class Mail)
and mailing it from Springfield, Illinois, with sufficient postage affixed, as indicated above.
Dated: November 18,
2004
1021
North Grand Avenue East
Springfield, Illinois 62794-9276
(217) 782-5544
ILLiNOIS ENVIRONMENTAL
PROTECTIONAGENCY,
Gina Roccaforte
Assistant Counsel
Division ofLegal Counsel
SERVICE LIST
Katherine Hodge
Brian Urbaszewski
Hodge Dwyer Zeman
American Lung Association
3150 Roland Ave.
1140 W. Washington
P.O. Box 5776
Chicago, IL 60607
Springfield, IL 62705-5776
Shannon Bilbruck
Division ofLegal Counsel
#21
Illinois EPA
1021 N. Grand Ave. East
P.O. Box 19276
Springfield, IL 62794-9276
