IDENTICAL FIRST NOTICE
LINE NUMBERED VERSION

Li Ii~

I t\JA I

~LT;

2OO~

STATE OF

~LUNO~S

Po~zuor •Jor~xo~

t~oard

IDENTICAL FIRST NOTICE

LINE NUMBERED VERSION

This

line-numbered

copy

of the

agency’s

rulemaking

for

use

creating the

Notice Changes document.

This version should be identical to the submission made by the agency,

with the exceptions

that errors in

Source or Authority Notes may have

been

corrected;

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format

used

that

the

electronic

Illinois

Administrative

Code

database,

formatting

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corrected;

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corrected

conform

with

the

IAPA;

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will

handled correctly;

any obvious misspellings revealed

by an

electronic

spell

check may have

been corrected; and simple technical corrections

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made.

If any such changes have

been made, they will

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the

attached

copy.

If there

any problem, contact

JCAR.

On this mark-up, any word or punctuation that has been altered will be

highlighted.

You will need to compare this

to your hard copy or your

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determine how

the

original text

read.

If a

white

space

highlighted, you will know that text has been omitted at that location.

always,

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adopted

rulemaking

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database materials on

disk or through e-mail

for

purposes of upload, contact Terra Lamb at 785-2254.

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

Heading ofthe Part:

Emissions Reduction Market System

Code citation:

Ill.

Adm. Code 205

Section Numbers:

Proposed Action:

205.120

Amend

205.130

Amend

205.150

Amend

205

.200

Amend

205.205

Amend

205.210

Amend

205.220

Amend

205.300

Amend

205.310

Amend

205.315

 Amend

205.316

Add

205.3

Amend

205.320

 Amend

205.330

 Amend

205.335

 Amend

205.337

 Amend

205.400

 Amend

205.405

 Amend

205.410

 Amend

205.500

 Amend

205.510

 Amend

205.610

 Amend

205.700

 Amend

205.730

 Amend

205.750

 Amend

205.760

 Amend

4)

 Statutory authority: Implementing Section 9.8

and

 authorized by Sections 27

and

 28 of

the Environmental

Protection Act 415

 ILCS 5/9.8, 27

and

28

 A complete description ofthe subjects

and

 issues involved: A more complete

description

ofthis

proposal may be found in the Board’s opinion

and

 order ofDecember

2, 2004,

in

Board docket R05-11.

This rulemaking, based on a proposal filed by the Illinois

ILLiNOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

Environmental Protection Agency (Agency) on November 19, 2004, amends the Board’s

Emission reduction market system regulations (ERMS).

The ERMS system is a cap and

trade program that involves volatile organic material (VOM) emissions in the Chicago

area.

The program is designed to reduce VOM emission in the Chicago non-attainment

areabelow the levels required by reasonably available control technology and other

emission standards.

The amendments in this rulemaking affect

sources in the Chicago

ozone non-attainment area.

The current rules are based on federal regulations that have been amended.

USEPA

revoking the 1-hour ozone national ambient air quality standard (NAAQS) effective on

June 15, 2005.

The revocation ofthe 1-hour NAAQS affects applicability thresholds

currently sources subject to the Clean Air Act Permit Program (CAAPP) are those with

potential to emit 25 tons ofVOM, but once the 1-hour ozone NAAQS is revoked, the

applicability threshold raises to

100 tons.

To ensure that the ERMS program remains in

place in its current form so as to maintain the required volatile organic material emissions

reductions in the Chicago area, the proposed rule would modifythe applicability

provisions and clarify other relatedprovisions as a result ofthe implementation ofthe 8-

Hour Ozone National Ambient Air Quality Standard and the revocation ofthe 1-Hour

Ozone National Ambient Air Quality Standard.

Will these proposed amendments replace any emergency amendments

currently in effect?

No

Does this rulemaking contain an automatic repeal date?

Do these proposed rules contain incorporations by reference?

Are there any other amendments pending on this Part?

10)

Statement ofstatewide policy objectives:

These proposed amendments do not create or

enlarge a state mandate as defined in Section 3(b) ofthe State Mandates Act• 30

ILCS

805/3 (2002).

11)

Time, place and manner in which interestedpersons may comment on this proposed

rulemaking:

The Board will accept written public comment on this proposal for 45 days

after the date ofpublication in the

Illinois Register.

Comments should reference Docket

R05-1

and be addressed to:

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

Clerk’s Office

Illinois Pollution Control Board

100W. Randolph St., Suite

11-500

Chicago, IL

60601

Interested persons may request copies ofthe Board’s opinion and order by calling

Dorothy Gunn at 312-814-3620, or download from the Board’s Web site at

www.ipcb.state.il.us.

For more information contact John Knittle at 217/278-3111 or email at

nittlej@ipcb.state.il.us.

12)

Initial regulatory flexibility analysis:

Types ofsmall businesses, small municipalities, and not-for-profit corporations

affected:

This rulemaking affects those small businesses and not-for-profit

corporations that are located within the Chicago area and that emit, or have the

potential to emit, 25 tons per year or more ofVOM or is required to obtain a

CAAPP permit, and that has baseline or seasonal emissions ofat least

10 tons per

year.

Reporting, bookkeeping or other procedures required for compliance:

The

proposed amendments require that any participating or new participating source in

the ERMS program must operate with either a CAAPP permit or a federally

enforceable state operating permit (FESOP).

Types ofprofessional skills necessary for compliance:

Compliance with the

existing rules and proposed amendments may be aided by the services ofan

attorney.

13)

Regulatory agenda on which this rulemaking was summarized:

July 2004

The full text ofthe Proposed Amendments begins on the next page:

1~’

NOTICE VERSION

 JCAR350205-0416137r01

1

 TITLE

35:

 ENVIRONMENTALPROTECTION

2

 SUBTITLEB:

AIR

POLLUTION

3

 CHAPTER I: POLLUTIONCONTROLBOARD

4

 SUBCHAPTER b: ALTERNATIVEREDUCTIONPROGRAM

PART 205

EMISSIONS REDUCTION MARKET SYSTEM

8

SUBPART A:

GENERAL PROVISIONS

Section

205.100

Severability

205.110

Purpose

205.120

Abbreviations and Acronyms

205.130

Definitions

205.150

Emissions Management Periods

SUBPART B:

APPLICABILITY

18

 Section

205.200

Participating Source

205 .205

Exempt Source

205.210

New Participating Source

205.220

Insignificant Emission Units

23

205.225

Startup,

Malfunction or Breakdown

24

SUBPART C:

OPERATIONAL IIVIPLEMENTATION

Section

205.300

Seasonal Emissions Component ofthe Annual Emissions Report

205.3 10

ERMS Applications

205.315

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

37

SUBPART D:

SEASONAL EMISSIONS MANAGEMENT

40

 Section

205.400

Seasonal Emissions Allotment

205 .405

Exclusions from Further Reductions

205.410

Participating Source Shutdowns

JCAR350205-0416137r01

SUBPART E:

ALTERNATIVE ATU GENERATION

46

47

 Section

205.500

Emissions Reduction Generator

205.5 10

Inter-Sector Transaction

SUBPART

MARKET TRANSACTIONS

Section

205 .600

ERMS Database

205.6 10

Application forTransaction Account

205.620

Account Officer

205.630

ATU Transaction Procedures

SUBPART

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 28.

73

SOURCE:

Adopted

at 21111.

Reg.

15777, effective November 2~,1997; amended in R0541

74

 29 Ill.Reg. _______,effective

______________

SUBPART A:

GENERALPROVISIONS

78

Section

205.120

Abbreviations and Acronyms

79

80

 Unless otherwise specified

within this Part,

the abbreviations used in this Part shall be the same

81

 as those found in35 Iii. Adm. Code211. The followingabbreviations

and

 acronyms areused in

this Part:

83

ACMA

Alternative Compliance Market Account

Act

Environmental Protection Act 415

ILCS

ATU

Allotment Trading Unit

JCAR350205-0416137r01

BAT

Best Available Technology

CAA

Clean Air Act as amended in 1990 42

U.S.C. 7401 through 7671q

CAAPP

Clean Air Act Permit Program

ERMS

Emissions Reduction Market System

FESOP

Federally Enforceable State OperatingPermit

LAER

Lowest Achievable Emission Rate

MACT

Maximum Achievable Control Technology

NAAQS

National Ambient Air Quality Standard

NESHAP

National Emission Standards

forHazardous Air Pollutants

RFP

Reasonable Further Progress

ROP

Rate ofProgress

USEPA

United Stated Environmental Protection Agency

VOM

Volatile Organic Material

84

(Source:

Amended at 29

Ill. Reg. _______, effective ______________

87

Section

205.130

Definitions

88

Unless otherwise specified within this Part, the definitions forthe 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

Iii. Adm.

Code

211.

92

“Account officer” means a natural person who has been approved by the Agency,

as specified in Section 205.620 of this Part, and is subsequently responsible for

one or more Transaction Accounts to which he or she is designated.

“Allotment” means the number of allotment trading units (ATUs) allotted to a

source by the Agency, as established in the

source’s CAAPP permit or FESOP.

100

“Allotment Trading Unit (ATU)” means a tradable unit that represents 200 lbs of

101

VOM emissions and is a limited authorization to emit 200 lbs of VOM emissions

102

during the seasonal allotment period.

103

104

“Annual Emissions Report” means the report submitted to the Agency annually

105

pursuant to

Ill. Adm.

Code

254.

106

107

“Baseline emissions” means a participating source’s VOM emissions for the

108

seasonal allotment period based on historical operations as determined under

109

Subpart C ofthis Part.

Baseline emissions shall be the basis ofthe allotment for

110

each participating source.

111

112

 “Best Available Technology

(BAT)” means an

emission level based on the

113

 maximum degree ofreductionofVOM emitted from orwhich results from any

JCAR350205-0416137r01

114

emission unit, which the Agency, on a case-by-case basis, taking into account

115

energy, environmental and economic impacts, determines is achievable for such

116

unit through application ofproductionprocesses and available methods, systems,

117

and techniques forcontrol ofVOM, considering the features and production

118

process and control methods, systems and techniques already used for the unit.

119

BAT for an emission unit shall not be more stringent than Best Available Control

120

Technology (BACT) as would be determined contemporaneously for such unit

121

under the federal rules forPrevention ofSignificant Deterioration ofAir Quality

122

(PSD), 40 CFR 52.21 (1996).

In no event shall application of “best available

123

technology” result in emissions ofVOM which exceed the emissions allowed by

124

any standard established pursuant to Section

111 ofthe Clean Air Act, if such a

125

standard is

applicable to the categoryof emission unit.

126

127

“CAAPP” means the Clean Air Act Permit Program, pursuant to

Section 39.5 of

128

 the Act 415 ILCS

5/39.5.

129

130

“Chicago ozone nonattainment area” means the area composed ofCook, DuPage,

131

Kane,

Lake, McHenry, and Will Counties and Aux Sable Township and Goose

132

Lake Township in

Grundy County and Oswego Township in Kendall County.

133

134

“Emergency” means any situation arising from sudden and reasonably

135

unforeseeable events beyond the control ofthe source, such as an act of God, that

136

requires immediate corrective action to restore normal operation.

137

138

“Emissions excursion” refers to the event that occurs when a participating source

139

or new participating source does not hold sufficient ATUs at the end ofa

140

reconciliation period to account for its VOM emissions

from the preceding

141

seasonal

allotment period,

in accordance with Section 205.150(c) or (d) ofthis

142

 Subpart.

143

144

“Excursion Compensation Notice” means an

administrative notice issued by the

145

Agency, pursuant to

Section 205.720 ofthis Part, that notifies

the owner or

146

operator ofa participating source

ornew participating source that the Agency has

147

 determined that

the source has had an emissions excursion.

148

149

“General participant” means any person, other than a participating source ornew

150

participating source, that obtains a Transaction Account and is allowed to buy and

151

sell ATUs.

152

153

“New participating source” means a source not operating prior to May 1,

1999,

154

located in the Chicago ozone nonattainment area, that emits orhas the potential to

155

emit 25 tons per year or more ofVOM or is required to

obtain a CAAPP permit

156

and has orwill have seasonal emissions ofat least

10 tons ofVOM.

JCAR350205-0416137r01

157

158

 “Participatingsource”means a source operating prior to May 1,

1999, located in

159

the Chicago ozone nonattainment area, that emits or has the potential to

emit 25

160

tons per year or more ofVOM or is

 required

obtain a CAAPP

permit~

and has

161

baseline emissions ofat least 10 tons, as specified in Section 205.320(a) ofthis

162

Part, or seasonal emissions of at least

10 tons in any seasonal allotment period

163

beginning in

1999.

164

165

“Reconciliation

period”

means the period from October

1 through December 31

166

of each year during which the owner or operator ofa participating source

or new

167

 participating

source

must compile actual VOM emissions for the previous

168

seasonal allotment

period

and may also

buy

or sell ATUs so that sufficient ATUs

169

are held

by

the source

by

the conclusion ofthe reconciliation

period.

170

171

“Seasonal allotment period” means the

period from May

1 throughSeptember30

172

ofeach

 year.

173

174

“Seasonal emissions” means actual VOM emissions at a source that occur during

175

a seasonal allotment

period.

176

177

“Sell” means to transfer ATUs to another

person

through sale, lease, trade orother

178

means oftransfer.

179

180

 “Special

participant” means

 anyperson

that

 registers

with the

 Agency

and

may

181

purchase and retire ATUs but not sell ATUs,

 specified

in Section 205.610 of

182

this Part.

183

184

“Throughput” means the activity ofan emission unit during

a particular period

185

relevant to its

generation ofVOM emissions, including, but not limited to, the

186

amount ofmaterial transferred for a liquid storage operation, the amount of

187

material

 processed through orproducedby

the emission unit, fuel

 usage,

or the

188

 weight

or volume ofcoatings or inks.

189

190

“TransactionAccount” means an account authorized

by

the

 Agency

or its

191

designee that allows an account officer to buy or sell ATUs.

192

193

(Source:

Amended at 29 Ill. Reg.

_______,

effective

______________

194

195

Section 205.150

Emissions Management Periods

196

197

The VOM

emissions

control period

 is the seasonal allotment

period, which

is

198

from May

through September 30, annually.

199

JCAR350205-0416137r01

200

b)

 The reconciliationperiod is from October 1 to December 31, annually. During

201

 eachreconciliation period, participating sourcesandnew participating sources

202

 shall:

203

204

1)

 Compile dataofactualVOM emissions during

the

immediately preceding

205

 seasonal allotment period; and

206

207

2)

 Submit its seasonal

emissions component of its Annual Emissions Report,

208

in accordance with Section 205.3 00 ofthis Part.

209

210

At the end ofeach reconciliation period, on and after the dates specified in

211

 Section205.200 ofthis

Part,

 each participating source shall:

212

213

1)

 HoldATUs in an

amount not less than its VOM emissions during the

214

preceding seasonal allotment period, except as provided in Sections

215

 205.220, 205.225, 205.3

15,

 205.316, 205.320(e)(3)or (f)

and

 205.750 of

216

 this Part; or

217

218

Except as provided in subsection (f) ofthis

Section, holdHold ATUs

in an

219

amount not less than 1.3 times its seasonal emissions

during the preceding

220

 seasonal allotment

period that are attributable to a major modification

221

during

 the preceding seasonal allotmentperiod, if aparticipating source

222

 commences operationofa major modification pursuant to 35 Iii.

Adm.

223

 Code203 on or afterMay 1, 1999. Additionally, such source must

hold

224

 ATUs in

accordance with subsection (c)( 1) ofthis Section for VOM

225

emissions not attributable to this major modification during the preceding

226

seasonal allotment period that are not attributable to this matpr

227

modification.

228

229

d)

 At the end

ofeach reconciliation period,

and after the date on which the source

230

 commences operation, as specified in Section 205.210 ofthis

Part,

each new

231

 participatingsource shall:

232

233

Except as provided in subsection (f) ofthis Section, if If-the new

234

participating source is a new major source pursuant to

Ill. Adm.

Code

235

203, hold ATUs in

amount not less than 1.3

times its VOM emissions

236

during the preceding

seasonal allotment period; or

237

238

2)

 Ifthenew participating source is not anewmajor source pursuant to 35

239

Ill. Adm. 203, hold ATUs in an amount not less than its VOM emissions

240

during the preceding seasonal allotment period, except as provided in

241

Sections 205.220, 205.225

and 205.750 of this Part.

242

JCAR350205-04161 37r01

243

e)

 Except as provided in subsection (f)ofthis Section, anyAny participating source

244

 that commencesoperation ofa major modification on or afterMay 1, 1999, orany

245

 new participating source that is anewmajor source, which, at the end ofeach

246

reconciliation period, holds ATUs in an amount not less than

1.3 times the VOM

247

emissions during the preceding seasonal allotment period, in accordance with

248

subsection (c)(2) or (d)(1) ofthis Section, as applicable, shall be deemed to have

249

satisfied the VOM offset requirements of35

Ill. Adm. Code 203.302(a), 203.602

250

 and203.701.

251

252

 Chicago area classification

253

254

Ifthe

nonattainment classification

ofthe Chicago area for ozone is

255

 changed suchthat the required offsetratio is no longer 1.3 to

 1 and anew

256

offset ratio applies, as specified in 35

Ill. Adm. Code 203.302, that ratio

257

shall then applyin lieu ofthe

1.3

ratio set forth in subsections (c)(2),

258

 (d)(1),

and

(e)

ofthis Section.

Such new

ratio shall not apply to any part

259

ofa source

 oranymodification already subject to the 1.3 to

 1 ratio or

260

 othernew offset ratio prior to the effective date of thenew ratio.

261

262

Ifthe Chicago area is designated to attainment for ozone, the

1.3 to

1 ratio

263

 set forth in subsections (c)(2), (d)(1), and (e) ofthis Section oranynew

264

ratio established pursuant to subsection

(f)(1)

ofthis Section shall cease to

265

apply.

However, such ratio shall continue to

apply to any part

 ofa source

266

any modification that is already subject to the ratio prior to

such

267

 designation.

268

269

(Source:

Amended at 29 Ill. Reg.

_______,

 effective

_____________

270

271

 SUBPART B: APPLICABILITY

272

273

Section 205.200

Participating Source

274

275

 The requirementsofthis

Part shall apply to any source

operating prior to May 1,

276

1999,

located in the Chicago ozone

nonattainment

area, that~

277

278

emits or has the potential to

emit 25

tons per year or more ofVOM or is

279

required to obtain a CAAPP permit; and

280

281

~

 has baseline emissions of at least 10 tons,

specified in Section

282

205.320(a) ofthis Part,

or seasonal emissions

ofat least 10 tons in

any

283

seasonal allotment period beginning in 1999.

284

285

 Eachparticipating source shall holdATUs, as specified in

Section 205.150(c) of

JCAR350205-0416137r01

286

 this

Part,

 in accordance withthe followingschedule:

287

288

fla)~

For any participating source that has baseline emissions ofat least 10 tons

289

ofVOM, as determined in accordance with Section 205.320(a) ofthis

290

Part, beginning with the

1999 seasonal allotment period;

291

292

For

any

source that first becomes aparticipating source because its VOM

293

 emissions increase to 10 tons per season ormore in any seasonal allotment

294

 period beginning with 1999 and this emissionsincrease is not a major

295

modification pursuant to 35 Ill. Adm.

 Code 203, beginningwiththe first

296

seasonal

allotment period after such increased emissions occurred; or

297

298

 ~)e~ Foranysource that will first be subject to therequirements ofthisPart

299

because ofa VOM emissions increase at

any

 timeon or afterMay 1, 1999

300

that constitutes a major modification

 pursuant to 35

Ill.

Adm. Code 203,

301

 uponcommencing operation

ofthis modification.

302

303

 (Source: Amended at 29 Ill. Reg.

_______,

effective

______________

304

305

Section 205.205

Exempt Source

306

307

Any

source

that otherwise meets the criteria for participating sources shall be

308

exempt from the requirements ofthis

Part,

except that any such source shall be

309

required to submit the seasonal emissions component ofthe Annual Emissions

310

Report as specified in Section 205.300 ofthis Part, if the source accepts a 15 tons

311

per seasonal allotment period limit on its VOM emissions in its

CAAPP permit ~

312

FESOP for each seasonal allotment period in which the source wouldbe required

313

to participate in the ERIVIS in accordance with the following:

314

315

If the source would be required to participate in the ERMS beginning with

316

the 1999 seasonal allotment period in accordance with Section

317

205.200(b)(1)Ea~ofthis

Subpart, such source shall apply for the applicable

318

permit limitation by March

1998; or

319

320

Ifthe source is required to participate in the ERMS in any seasonal

321

allotment period after 1999 because its

 VOM emissions increase to 10

322

tons ormore in

any

seasonal allotment period beginning with 1999 in

323

 accordance

with Section 205.200(b)~

ofthis Subpart, such source shall

324

apply for the applicable permit limitation by December

1 ofthe first

year

325

in which its seasonal emissions are at least 10 tons.

326

327

Any

source

that otherwise meets the criteria forparticipating sources shall be

328

exempt from the requirements ofthis Part, except that any such source shall be

JCAR350205-0416137r01

329

required to submit the seasonal emissions component ofthe Annual Emissions

330

Report and an ERMS application as specified in Sections 205.300 and 205.3 10(d)

331

of this

Part, respectively, if such source reduces its

seasonal emissions by at least

332

18 percent beginning in 1999.

Any

such source shall accept conditions in its

333

CAAPP permit or FESOP limiting its seasonal emissions

to at least

18 percent

334

less

than its baseline emissions, as determined in accordance with

Section

335

205.320 of

this Part.

Any

such source shall apply for the applicable permit

336

limitation(s) by March 1,

1998.

ATUs equivalent to

any

amount ofVOM

337

emissions reductions achieved

 bythe source beyond

12 percent (at least six

338

percent) shall be issued by the Agency to

the ACMA.

339

340

(Source:

Amended at 29 Ill. Reg.

_______,

 effective

_____________

341

342

Section 205.210

New Participating Source

343

344

The requirements ofthis Part shall apply to

any new participating source, a source

345

not operating prior to May 1,

1999, located in the Chicago ozone nonattainment

346

area, that~.

347

348

emits or has the potential to

emit

25 tons per year or more ofVOM or is

349

required to obtain a CAAPP permit; and

350

351

has or will have seasonal

emissions ofat least 10

tons ofVOM.

352

353

Eachnew participating source shall hold ATUs, as specified in Section

354

205.150(d) ofthis Part, upon commencing operation.

355

356

(Source:

Amended at 29

Ill. Reg.

______,

 effective

_____________

357

358

Section 205.220

Insignificant Emission Units

359

360

Emission units identified as insignificant activities pursuant to the CAAPP permit

361

for aeaeh participating ornew participating source are exempt from the

362

requirements ofthis Part.

363

364

 Emission units that

the Agency determines would qualify as insignificant

365

activities under 35

Ill.

Adm. Code 201.Subpart F if the source were a CAAPP

366

source and for which a statement to this effect is contained in the FESOP for a

367

participating or new participating source are exempt

from the requirements of this

368

Part.

369

370

 (Source: Amended at 29 Ill. Reg.

_______,

effective

______________

371

JCAR350205-04161 37r01

372

 SUBPART C: OPERATIONALIMPLEMENTATION

373

374

Section 205.300

Seasonal Emissions

Component ofthe Annual Emissions Report

375

376

For each year in which the source is operational, the owner or operator ofeach

377

participating source and new participating source shall submit, as a component of

378

its Aimual Emissions Report, seasonal emissions information to the Agency for

379

 eachseasonal allotment period after the effective

date ofthis Part in accordance

380

 withthe following schedule:

381

382

For eachparticipating source or new participating source that generates

383

 VOM emissions from less than 10 emission

units, by October31 ofeach

384

 year; and

385

386

For eachparticipating source or new participating source that generates

387

VOM emissions

from 10 or more emission units, by November 30 ofeach

388

 year.

389

390

b)

 In addition to

any information required pursuant to 35

Iii. Adm. Code 254, the

391

seasonal emissions component ofthe Annual Emissions Report shall contain the

392

following information for the preceding seasonal allotment period for each

393

emission unit emitting or capable ofemitting VOM, except that such information

394

is not required for emission units excluded pursuant to Section 205 .220 of this

395

Part

or for

VOM emissions attributable to startup, malfunction orbreakdown, as

396

specified in Section 205.225 ofthis Part:

397

398

1)

Actual

 seasonal emissions ofVOM from the source;

399

400

A description ofthe methods and practices usedto determine VOM

401

emissions, as requiredby the source’s CAAPP permit or FESOP, including

402

any supporting documentation and calculations;

403

404

A detailed description ofany monitoring methods that differ from the

405

methods specified in the CAAPP permit

 orFESOP for the source, as

406

provided in Section 205.337 ofthis

Subpart;

407

408

~4)

Ifa source has experienced an emergency, as provided in Section 205.750

409

ofthis Part, it

 shall referencethe associated emergency conditions report

410

that has been approved by the Agency;

411

412

 Ifa source’s baseline emissionshavebeen adjusted because ofavariance,

413

consent order or CAAPP permit compliance schedule, as provided for in

414

Section 205.320(e)(3) ofthis

 Subpart,

it shall provide documentation

JCAR350205-0416137r01

415

quantifying the adjusted VOM emissions amount;

and

416

417

Ifa source is operating a new or modified emission unit for which three

418

years of operational data is not yet available,

as specified in Section

419

205.320(f) ofthis Subpart, it shall specify seasonal emissions attributable

420

to the new emission unit or the modification ofthe emission unit.

421

422

(Source:

Amended at 29 Ill.

Reg.

_______,

effective

______________

423

424

Section 205.310

ERMS Applications

425

426

The owner or operator of

each participating source or new participating source

427

shall submit to

the Agency an ERMS application in accordance with the following

428

schedule:

429

430

For

a participating source with baseline emissions of at least

10 tons of

431

VOM, as

determinedin accordance with Section 205.320(a) ofthis

432

Subpart, by March

1998;

433

434

2)

 Foranysource that firstbecomes aparticipating source because itsVOM

435

 emissions increase to 10 tons or greater

during any seasonal allotment

436

period beginning with 1999, on or before December

1 ofthe year ofthe

437

first seasonal allotment period in which its VOM emissions

are at least 10

438

tons, provided that this emissions increase is not a major modification

439

 pursuant to 35

 Ill.

Adm.

Code 203; or

440

441

For a new participating source or for a major modification ofany source

442

existing prior to May 1,

1999, that

is a major new source or a major

443

 modification subject to 35 Ill. Adm. Code 203based onVOM emissions,

444

 at thetime a constructionpermit application is submitted ordue for the

445

 source or modification, whicheveroccurs first.

446

447

Except as provided in

subsection (d) ofthis Section, each ERMS application for

448

participating sources shall contain all information

 required by the Agency

449

pursuant to Section

39.5 ofthe Act 415

ILCS

 5/39.5

 or reference such

450

information if previously submitted to the Agency, including the following

451

information:

452

453

1)

 Data sufficient to establish

the appropriate baseline emissions

for the

454

 source in accordance with Section 205.320of

this Subpart, including but

455

not limited to the following:

456

457

A)

 VOM emissions dataand production

types and levels from the

JCAR350205-0416137r01

458

 baseline emissions year(s), as specified

in Section 205.320(a)(1),

459

 (b) or (c) of

this Subpart, as appropriate;

460

461

Ifthe source is proposing

a substitute baseline emissions year(s),

462

as provided in Section 205.320(a)(2) ofthis Subpart, a justification

463

that the

 year

is more representative than 1994,

1995 or 1996,

464

including data on production types

and levels from the proposed

465

substitute year(s) and historical production data, as needed to

466

justify that the proposed substitute year(s) is representative; and

467

468

Ifthe source is proposing a baseline emissions adjustment based on

469

voluntary over-compliance, as provided in Section 205.320(d) of

470

this Subpart, sufficient information for the Agency to determine

471

the appropriate adjustment;

472

473

A description ofmethods and practices used to determine baseline

474

 emissions

and

that will be used

 to determine seasonal emissions for

475

 purposes of

demonstrating compliance with this Part, in accordance with

476

 Sections 205.330

and

 205.335 ofthis

Subpart;

477

478

Identification ofany emissionunit for which exclusion from further

479

reductions is sought pursuant to Section 205 .405(b) ofthis Part and

480

 including all oftheinformation required pursuant to Section 205.405(b) of

481

this Part;

482

483

Identification ofany emission unit excluded from further reductions

484

pursuant to Section 205.405(a) ofthis Part; and

485

486

Identification ofany new ormodified emission unit for which a

487

construction permit was issued prior to January

1998, but for which

488

 three years ofoperational data is not available,

and

 thepermittedVOM

489

 emissions or thepermittedincrease inVOM emissions from suchemission

490

unit(s), adjusted for the seasonal allotment period.

491

492

Except as provided in subsection (h) of this Section, the ERMS application

493

submitted by eachparticipating source shall also be an application for a

494

 significant modificationofits CAAPP permit or a revision to

its FESOP, or a

495

revision to

its CAAPP or FESOP application if a CAAPP permit or FESOP has

496

not yet been issued forthe

source.

497

498

d)

The

ERMS application for any source that elects to reduce its seasonal emissions

499

 by at least 18 percentfrom its baseline emissions, as provided in Section

500

 205.205(b) ofthis Part, shall include:

JCAR350205-0416137r01

501

502

1)

 VOM emissions data sufficient to establish the appropriate baseline

503

 emissions for the source in accordance

with Section 205.320 ofthis

504

Subpart; and

505

506

A description ofmethods

and practices used to determine baseline

507

emissions and that will be used to demonstrate that its

seasonal emissions

508

will be at least 18 percent less than its baseline emissions, in accordance

509

with Sections 205.330 and 205.335 ofthis Subpart.

510

511

Within

120 days after receipt ofan ERMS application, the Agency shall provide

512

written notification to the source of a preliminarybaseline emissions

513

determination.

Public notice ofa draft CAAPP permit in accordance with Section

514

39.5(8) ofthe Act 415

ILCS

5/39.5(8)

shall fulfill this requirement for a

515

preliminary baseline emissions

determination if issued within

120 days.

516

517

1)

The ERMS application for each source applying for a majormodification,

518

 provided in subsection (a)(3) of

this Section, shall include the information

519

 specified in subsection (b)

ofthis Section and a certificationby the owner

520

operatorrecognizing that the source will be required to hold ATUs by the end of

521

each reconciliation period in accordance with Section 205.150(c)(2) ofthis Part,

522

and provide a plan explaining the means by which it will obtain ATUs for the

523

VOM emissions attributable to

the major modification for the first three seasonal

524

allotment periods in which this major modification is operational.

525

526

The ERMS application for each new participating source shall include:

527

528

A description ofmethods and practices that will be usedto

determine

529

seasonal emissions for purposes of demonstrating compliance with this

530

Part,

in accordance with Sections 205.330 and 205.335 ofthis Subpart;

531

532

A certification by the owner or operator recognizing that the source will be

533

 required to holdATUsby the end ofeach reconciliationperiod in

534

accordance with Section 205.150(d) ofthis Part for each seasonal

535

allotment period in which it is operational; and

536

537

Ifthe source is a new major source subject to 35 Ill.

Adm. Code 203, a

538

plan explaining means by which it will obtain such ATUs for the first

539

three seasonal allotment periods in which it is operational.

540

541

The owner or operator ofany participating source that has identified a new or

542

modified emission unit, as specified in subsection (b)(5) ofthis Section,

shall

543

 submit a

written

 request for, or an application for, arevised emissionsbaseline

JCAR350205-0416137r01

544

and allotment.

Such written request or application shall be submitted by

545

December

1 ofthe year ofthe third complete seasonal allotment period in which

546

such newly constructed emission unit is operational, which submittal shall include

547

 information on the seasonal emissions

for these first three seasonal allotment

548

 periods.

549

550

 (Source: Amended at 29 Ill. Reg.

_______,

 effective

______________

551

552

Section 205.315

CAAPP

Permits for ERMS Sources

553

554

Except as provided

in Section 205.3 16(c) ofthis

Subpart, theThe Agency shall

555

determine the baseline emissions for each participating source in accordancewith

556

Section 205.320 ofthis Subpart, through its final permit action on a new or

557

modified CAAPP permit for ~each

such source.

The

 Agency’s baseline

558

emissions determination maybe appealed in accordance with the CAAPP

appeal

559

procedures specified in Section 40.2 ofthe Act 415

ILCS 5/40.2.

If the permit

560

conditions establishing a source’s baseline emissions are appealed, the baseline

561

 emissions for the

source shall be as proposed in the source’s ERMS application

562

during the pendency ofthe appeal.

During the pendency ofthe appeal, ATUs

563

 shall be allotted

to the source pursuant to the part of the source’s proposed

564

baseline emissions that is not disputed in the appeal.

Ifsuch source’s seasonal

565

VOM emissions exceed the ATUs it holds at the end ofreconciliation periods

566

during the pendency ofthe appeal, the source will not be deemed to have had an

567

 emissions excursion to the extent that such seasonalVOM emissionsdo not

568

 exceed the amount it proposed as its baseline

in its ERMS application, less

569

reductions required pursuant to Section 205.400(c) or (e) ofthis Part, if

570

applicable.

Such source shall not be allowed to

sell ATUs during the pendency of

571

the appeal.

572

573

b)

 Except as provided in Section 205.3 16(c) ofthis Subpart, theTheAgency shall

574

 determine,

in accordance with Sections 205.330 and 205.335 ofthis Subpart, the

575

methods and practices applicable to each participating source

and new

576

 participating source

to determine seasonal emissions through its final permit

577

action on a new ormodified

CAAPP permit for the each such source.

The

578

 Agency’s determination

ofthe methods and practices applicable maybe appealed

579

 in accordance withthe

CAAPP

 appeal

procedures specified in Section 40.2 ofthe

580

 Act 415 ILCS 5/40.2.

581

582

Except as provided in Section 205.316(c) ofthis Subpart, theThe Agency shall

583

determine, in accordance with Section 205.405(b) ofthis Part, if an

emission unit

584

 qualifies for exclusion from

furtherreductions in its final permit action on a new

585

 modified

CAAPP permit for each such source.

The Agency’s determination

586

may

be appealed in accordance with the CAAPP appeal procedures specified in

JCAR3SO2OS-0416137r01

587

Section 40.2 ofthe Act 415

ILCS

5/40.2.

Ifthe permit conditions establishing

588

the Agency’s BAT determination are appealed, ATUs shall be allotted

to the

589

source for any emission unit forwhich the Agency’s BAT determination is being

590

 appealedwiththe

emissions reduction required by Section 205.400(c) or (e) of

591

this Part during the pendency ofthe appeal.

Ifthe seasonal VOM emissions for

592

the subject emission unit(s) exceed the ATUs that are attributed to the unit(s)

593

during the pendency ofthe appeal, the source will not be deemed to have an

594

 emissions excursion to the extent

that such seasonal VOM emissions do not

595

exceed the amount ofATUs that would be attributed to this unit if the BAT

596

exclusionwas accepted.

Such source shall not be allowed to

sell ATUs during the

597

pendency ofthe appeal.

598

599

d)

The CAAPP

 permit for aallotment

for each participating source shall specify the

600

allotment for each seasonal allotment period shall be specified in its CAAPP

601

permit.

602

603

To the extent possible, the Agency shall initiate the procedures of35

Ill. Adm.

604

Code 252,

 as requiredby Section 39.5 oftheAct 415 ILCS 5/39.5, by grouping

605

the draft CAAPP permits

and supporting documents for participating sources.

606

 Specifically, to the extent possible,

the Agency shall issue a joint public notice

607

and hold ajoint hearing, as appropriate, addressing participating sources for

608

which a hearing is requested.

609

610

When a CAAPP permit for a participating source is transferred from the current

611

permittee to another person:

612

613

In the case ofa name change of the participating source where ownership

614

is not altered, appropriate documentation shall be submitted to revise the

615

 TransactionAccount to reflect the

name change; or

616

617

2)

 In the case ofan ownership changeofthe participating source, the

618

 allotment shall also be transferredby theowner or operator ofthe

619

permitted source to the new owner or operator, or the new owner or

620

 operator shall submit a statement to theAgency certifying that such

621

transfer is not occurring and demonstrating that necessary ATUs are

622

will be available by other means for the intended operation ofthe

source.

623

624

Upon reopening or renewal ofthe CAAPP permit for any participating source or

625

new participating source, any multiple season transfer agreement, as provided in

626

Section 205.630(a)(2)(B) ofthis Part, that has three or more

 years of transfers

627

remaining shall be identified in the renewed or reissued CAAPP permit for each

628

such source.

629

JCAR350205-0416l 37r01

630

Upon reopening or renewal ofthe CAAPP permit for any

 participating source or

631

new participating source, any

 ATUs that

will be issued by the Agency for three

632

years or more to any such source pursuant to Section 205.410, 205.500 or 205.5 10

633

ofthis Part shall be identified in the renewed or reissued CAAPP permit for each

634

 such source.

635

636

 (Source: Amended at29 Iii. Reg.

_______,

effective

______________

637

638

Section 205.316

Federally Enforceable State Operating Permits for ER1~’ISSources

639

640

Any

participating

or new

participating

 source

shall not

 operate without aCAAPP

641

permit

orFESOP.

642

643

If a source has

CAAPP

permit containing

ERMS

provisions

and

the

644

source elects to

 obtain a differentpermit in lieu oftheCAAPP permit, the

645

source

 shall apply forand obtain

a FESOP that contains ERMS provisions4

646

 including, but not limited to, emissionscalculation methodologies,

647

baseline emissions, and allotment for each seasonal allotment period, all of

648

which are identical to those provisions contained in its CAAPP permit.

649

650

Ifa participating or new participating source does not have a CAAPP

651

permit containing ERMS provisions and the source

elects to

obtain a

652

 permit other

than a CAAPP permit, the source shall apply for and obtain a

653

FESOP that contains, in addition to other necessary provisions, federally

654

 enforceable

ERMS provisions, including baseline emissions,

allotment for

655

 each seasonal allotment period, identification ofany units deemed to be

656

insignificant activities for the purposes ofthe ERMS, emissions

657

 calculation methodologies,

and

 provisions addressing all other applicable

658

 requirements ofthis Part.

659

660

~

 When determining the baseline emissions and

allotment for a participating source

661

as required under subsection (a)(2) ofthis

Section:

662

663

The Agency shall determine baseline emissions in accordance with

664

 Section205.320 ofthis Subpart, through its final permit action on the new

665

or modified FESOP

for the source.

The Agency’s baseline emissions

666

 determinationmaybe appealed in accordance with

the appeal procedures

667

 specified

in Section 40 ofthe Act 415

ILCS 5/401.

Ifthe permit

668

 conditions establishing a source’s baseline emissions

are

 appealed, the

669

baseline emissions for the source shall be as proposed in the source’s

670

ERMS application during the pendency ofthe appeal.

Duringthe

671

pendency ofthe appeal, ATUs shall be allotted to the source pursuant to

672

the part ofthe

source’s proposed baseline emissions that is not disputed in

JCAR350205-0416137r01

673

the appeal.

Ifsuch source’s seasonal VOM emissions exceed the ATUs it

674

holds

at the end ofreconciliation periods during the pendency ofthe

675

 appeal, the source will notbe deemedto havehad an emissions excursion

676

to the extent that such seasonal VOM emissions do not exceed the amount

677

 it proposed as its baseline in itsERMS application, lessreductions

678

required pursuant to Section

205 .400(c) or (e) ofthis Part, if applicable.

679

Such source

shall not be allowed to sell ATUs during the pendency ofthe

680

 appeal.

681

682

The Agency shall determine, in accordance with Section 205.405(b) of

683

this Part, if an emission unit qualifies for exclusion from further reductions

684

in its final

 permit action on anew or modified

FESOP for the source.

The

685

 Agency’s determinationmaybeappealed in accordance

with the appeal

686

 procedures specified in Section40 oftheAct 415 ILCS 5/401.

If

the

687

permit conditions

establishing the Agency’s BAT

determination are

688

 appealed, ATUs shall

be allotted to the source

for any emission unit for

689

which the Agency’s BAT determination is being appealedwith the

690

 emissions reduction

required by Section

205 .400(c) or (e) ofthis Part

691

during the pendency ofthe appeal.

Ifthe seasonal

 VOM emissions for the

692

subject emission unit(s) exceed the ATUs that are attributed to the unit(s)

693

during the pendency ofthe appeal, the source will not be deemed to have

694

 an emissions excursion to the extent that such

seasonal VOM emissions do

695

not

exceed the amount ofATUs that would be attributed to this unit if the

696

BAT exclusion was accepted.

Such source shall not be allowed to

sell

697

ATUs during the pendency ofthe appeal.

698

699

ç~

The Agency shall determine, in accordance with Sections 205.330

and 205.335 of

700

this Subpart, the methods and

 practicesapplicable to

the participating source or

701

new participating source to determine seasonal emissions through its

final permit

702

 action on thenew or modified FESOP for such source. TheAgency’s

703

 determination ofthe methods and practices applicable maybe appealed in

704

 accordance with the appeal procedures specified in Section40 oftheAct 415

705

ILCS 5/401.

706

707

~fl

 When aFESOP for aparticipating

source is transferred from the current permittee

708

to another person:

709

710

 In the caseof

a name change ofthe participating source where ownership

711

is not altered, appropriate documentation shall be submitted to

revise the

712

Transaction Account to reflect the name change: or

713

714

In the case ofan ownership change ofthe participating source, the

715

 allotment shall also be transferredby the owner or operatorofthe

JCAR350205-0416137r01

716

 permittedsource to thenewowner or operator, or thenew owner or

717

 operator shall submit a statement to the Agency certifying that such

718

transferis not occurring and demonstrating that necessaryATUs are or

719

will be available by other means for the intended operation of the source.

720

721

Upon reopening orrenewal ofthe FESOP for any participating source or new

722

 participating source, anymultiple season transfer

agreement, as provided in

723

Section 205.630(a)(2)(B) ofthis Part,

 thathas three or more years oftransfers

724

 remaining shall be identified in therenewed or reissuedFESOP forsuch source.

725

726

Upon reopening or renewal ofthe FESOP for any participating source or new

727

 participating source, anyATUs that willbe

issued by the Agency for three years

728

 ormore to anysuch source pursuant to Section 205.410, 205.500 or 205.510 of

729

 this

Part

 shall be identified in therenewed or

reissued FESOP for such source.

730

731

(Source:

Added at 29 Ill. Reg.

_______,

 effective

732

733

Section 205.318

Certification for Exempt CAAPP Sources

734

735

The owner or operator of any source that is located in the Chicago ozone nonattainment areathat

736

is required to obtain a CAAPP permit, and has seasonal emissions, as determined in accordance

737

with Section 205.320(a) ofthis Subpart, ofless than 10 tons shall submit a written certification to

738

the Agency by March

 1998, certifying that

its VOM emissions are below 10 tons per season as

739

specified in Section 205.320(a) ofthis Subpart.

Such certification shall include the amount of

740

VOM emissions at the source during the 1994,

1995,

1996 and 1997 seasonal allotment periods,

741

and supporting calculations.

742

743

(Source:

Amended at 29

Iii. Reg.

_______,

effective

______________

744

745

Section 205.320

Baseline Emissions

746

747

Except as provided in subsection (b) or (c) ofthis Section,

baseline emissions

748

shall be determined by the Agency in accordance with the following, adjusted as

749

specified in subsections

(d), (e) and (f) ofthis Section:

750

751

Baseline emissions shall be calculated using the average ofthe two

752

seasonal allotment periods with the highest VOM emissions

during 1994,

753

1995

 1996.

754

755

Any source may propose to substitute seasonal emissions on a year-for-

756

yearbasis due to

non-representative conditions in 1994,

1995 or 1996, but

757

must stay within the period from

1990 through 1997, and must have

758

accurate seasonal emissions data for the substitute year(s).

When

JCAR350205-04161 37r01

759

 consideringwhether

to substitute a seasonal baseline emission year(s), the

760

Agency must consider the information submitted by the source pursuant to

761

 Section 205.310(b)(1)(B)

ofthis Subpart, as well as the accuracy ofthat

762

data.

For the purposes ofthis subsection (a)(2) “non-representative

763

 conditions”

include, but are not limited to, events such as strikes, fires,

764

 floods andmarket conditions.

765

766

b)

Except as providedrin subsection (c) ofthis

Section, forFef any source that has

767

seasonal emissions ofless than

10 tons, as determined in accordance with

768

subsection (a) ofthis Section, but becomes a participating source because its

769

seasonal emissions increase to 10 tons or more in any seasonal allotment period

770

beginning with 1999, baseline emissions shall be determined by the Agency based

771

on actual VOM emissions from the first seasonal allotment period in which the

772

 source’ssources emissions equaled or exceeded 10 tons, adjusted

as specified in

773

subsections (d), (e)

and (f) ofthis Section, provided such emissions increase is not

774

a major modification pursuant to 35 Ill. Adm. Code 203.

775

776

For any source that has seasonal emissions ofless than

10 tons, as determined in

777

accordance with subsection (a) ofthis Section, but becomes a participating source

778

 because its seasonal emissions increase to 10 tons ormorein any seasonal

779

allotment period beginning with 1999 and this emissions increase constitutes a

780

major modification pursuant to 35 Ill. Adm. Code

 203, baseline emissions shall be

781

determined by the Agency based on the average ofthe actual

seasonal emissions

782

from the two seasonal periods prior to a timely submittal ofits

application for the

783

 major modification, adjusted as specified

in subsections (d) and (e) of this

784

 Section. Anysuch sourcemay substitute seasonal emissions on a year-for-year

785

basis due to non-representative conditions in either ofthe two seasonal allotment

786

periods prior to submittal ofits application forthe major modification but must

787

stay within the five year period prior to submittal ofsuch application.

For the

788

purposes ofthis subsection, “non-representative conditions” include, but are not

789

limited to, conditions such as strikes, fires, floods and

 market conditions.

790

791

The baseline emissions ofany participating source shallbe increased for

792

voluntary over-compliance that occurred after October 31, 1990

and results in a

793

VOM emissions level that

is lower than the level required by applicable

794

requirements effective in

1996, including limitations in the source’s permit(s)

795

based on such applicable requirements.

Voluntary over-compliance shall be

796

determined in accordance with the following:

797

798

Determine the

actual activity or production types and levels from the

799

seasonal allotment period(s)

selected for baseline emissions pursuant to

800

subsection (a), (b) or (c) ofthis Section;

801

JCAR350205-0416137r01

802

2)

 Determineseasonal emissions for each emission unit as theproduct of

the

803

 amount of activity orproduction, as determined in accordance with

804

subsection (d)(1) ofthis Section, and the actual emissions

level;

805

806

3)

 Determineseasonal

emissions for each emission unit as the product ofthe

807

amount of activity or production, as determined in accordance with

808

subsection (d)(1) ofthis Section, and the allowable emissions level

809

pursuant to all applicable requirements

effective through 1996, including

810

limitations in the source’s permit(s) based on

such applicable

811

requirements; and

812

813

Determine the appropriate adjustment to baseline emissions by subtracting

814

the seasonal emissions determined pursuant to

subsection (d)(2) ofthis

815

Section from the seasonal emissions determined pursuant to

subsection

816

(d)(3) ofthis Section.

817

818

The baseline emissions ofany participating source shall be decreased if any ofthe

819

following circumstances exist:

820

821

Ifa source is out ofcompliance with any applicable requirements,

822

including limitations in the source’s permit(s) based on such applicable

823

requirements, in any ofthe seasonal allotment periods used for baseline

824

emissions, its baseline emissions shall be

lowered to reflect the amount of

825

 VOM emissions thatwould

be achieved if in compliance with such

826

 requirements.

827

828

Ifany ofthe seasonal allotment periods selected forbaseline emissions do

829

 not reflect compliance withrequirements effective through 1996 that

830

became applicable after anyofthe years selected as baseline years, the

831

 source’s baseline

emissions shall be lowered to reflect the amount ofVOM

832

 emissions thatwould be achieved

if in compliance with such

833

requirements.

834

835

If, in any ofthe years selected for baseline emissions,

a source’s VOM

836

 emissions are in excess ofthe amount ofVOM emissions allowedby

837

applicable rules because it has been granted a variance, has entered into a

838

consent order, or is operating pursuant to a CAAPP permit compliance

839

schedule, the baseline emissions for such source shall be lowered to

reflect

840

the VOM emissions amount that would be achieved if in compliance with

841

such requirements, subject to the following:

842

843

Each such source shallbe allowed to emit VOM emissions in

844

excess of the ATUs it holds at the end ofthe reconciliation period

JCAR350205-04161 37r01

845

each year until compliance with the applicable regulation is

846

achieved, or upon expiration ofthe relief allowed forin the

847

variance, consent order or CAAPP permit compliance

schedule,

848

 whicheveroccurs first;

849

850

Such excess VOM emissions shall be allowed to the extent allowed

851

in the variance, consent order or CAAPP permit compliance

852

 schedule; and

853

854

The seasonal component ofthe Annual Emissions Report for each

855

such source

 shallbe adjusted eachyear until compliance withthe

856

applicable requirement(s) is achieved, or upon expiration ofthe

857

relief allowed for in the variance, consent order or CAAPP permit

858

compliance schedule, whichever occurs

first, as specified in

859

subsection (e)(3)(B) ofthis Section.

860

861

For any participating source that operated with excess emissions during

862

startup, malfunction orbreakdown during any year used to determine its

863

baseline

 emissions, whether or not

such operation was authorized pursuant

864

to the source’s permit, excess VOM emissions attributable to startup,

865

malfunction orbreakdown shall be excluded from the baseline emissions.

866

867

For new or modified emission units at a source for which a construction permit

868

was issued prior to January

1,

1998, but for which three years ofoperational data

869

is not available, the baseline emissions determination for the source shall include

870

VOM emissions from such new emission unit or the increase in emissions from

871

the modification ofsuch emission unit based on the two seasonal allotment

872

periods with the highest VOM emissions from the first three complete seasonal

873

allotment periods in which any such new ormodified emission unit

 is operational.

874

ATUs shall only be issued in accordance with this subsection after the baseline

875

emissions has been determined.

Any such source shall not be required to

hold

876

ATUs for VOM emissions attributable to

the new emission unit or the

877

modification of the existing emission unit for the first three complete seasonal

878

allotment periods in which it is operational.

879

880

For any source which acquired emissionreduction credits pursuant to

a written

881

agreement, entered into prior to

January

1998, and such emission reduction

882

credits were acquired for use as emissions offsets, in accordance with 35

Iii. Adm.

883

 Code203, suchemissionreduction credits, adjusted for the seasonal allotment

884

 period,

and reduced by 24 percent,

shall be included in the baseline emissions

885

determination forthe source, only to the extent that:

886

887

The Agency has issued a federally enforceable permit, prior to January

JCAR350205-0416137r01

888

 1998, to the source fromwhich the emission reduction credits were

889

acquired, and such federally enforceable permit recognized the creation of

890

the VOM emission reduction credits by the cessation ofall VOM-emitting

891

activities and the withdrawal ofthe operating permits forVOM-emitting

892

activities at such other sources;

and

893

894

The Agency has not relied upon the emission reduction credits to

895

 demonstrate attainment orreasonable furtherprogress.

896

897

(Source:

Amended at 29 Ill. Reg. _______,effective

______________

898

899

Section 205.330

Emissions

Determination Methods

900

901

The owner or operator ofa participating source or new participating source shall determine

902

VOM emissions from the source during the seasonal allotment period using methods as

903

necessary to demonstrate compliance with this Part.

 Suchmethods shall be, at aminimum, as

904

 stringent as those required

by any applicable requirement and any permit condition.

The Agency

905

shall establish the emissions determination methods applicable to

each:such:sour~:e~:isi:

the

906

 source’sCAAPP permit or

FESOP.

The following methods, in conjunction with relevant source-

907

 specific

throughput and operating data, are acceptable methods a source may use to determine

908

seasonal emissions, depending on the type ofemission unit:

909

910

Material balance calculation, based on the VOM content ofraw materials and

911

recovered materials, as is typically used for degreasers, coating lines, and printing

912

lines equipped with a carbon adsorption system (recovery-type control device) or

913

without any control device;

914

915

A standard engineering formula for estimation ofemissions, as is typically used

916

for storage

and transfer ofvolatile organic liquids;

917

918

c)

 A source-specific emission factor(s), basedon representative testing

and sampling

919

data and appropriate analysis, as typically used for petroleum refining processes;

920

921

A published USEPA emission factor(s), as is typically used for component leaks;

922

923

A source-specific emission rate or VOM control efficiency, based on

924

representative testing, as is typically used forchemical processes and afterburners

925

(destruction-type control device), respectively;

926

927

A method not listed above that

is sufficient to demonstrate compliance with this

928

 Section; or

929

930

An appropriate combination ofthe above methods, as typically used for a coating

JCAR350205-0416137r01

931

orprinting line equipped with a control device, where the available

emissions are

932

determined by material balance and the control efficiency is determined by

933

representative testing.

934

935

(Source:

Amended at 29 Ill. Reg.

_______,

 effective

______________

936

937

Section 205.335

Sampling, Testing, Monitoring and Recordkeeping Practices

938

939

The owner oroperator ofa participating source or new participating source shall conduct

940

sampling, perform testing, conduct monitoring and maintain records as needed to

support its

941

method for determining seasonal emissions in accordance with Section 205 .330 ofthis Subpart

942

and to demonstrate compliance with this Part.

Such sampling, testing, monitoring and

943

recordkeeping shall be, at a minimum, as stringent as that required by any applicable requirement

944

and any permit condition.

The Agency shall establish the practices applicable to each such

945

 source in the source’sCAAPP permit orFESOP.

946

947

(Source:

Amended at 29

Ill. Reg.

_______,

effective

_____________

948

949

Section 205.337

Changes in Emission

Determination Methods and Sampling, Testing,

950

Monitoring and Recordkeeping Practices

951

952

a)

 Themethods used

for determining seasonal emissions from a source shall

953

generally be consistent with the methods used to determine its baseline emissions

954

 unless the source’s permit

accommodates the use ofalternate methods to

955

determine VOM emissions.

956

957

b)

 Modification ofMethodsand Practices

958

959

Ifa source proposes new or revised methods to determine VOM emissions

960

or new or revised supporting practices for sampling, testing, monitoring or

961

recordkeeping that differ significantly from the methods and practices

962

 specifiedby

its current permit, the source shall obtain a revised CAAPP

963

permit in accordance with the procedures specified in Section 39.5 ofthe

964

Act 415

ILCS

5/39.5,

or a revised FESOP, prior to relying on such

965

methods

and practices.

966

967

The

 Agency

shall issue a revised permit if it finds, based upon submission

968

ofan appropriate permit application, that the proposed methods or

969

practices are needed or appropriate to address changes in the operation of

970

the source or emission units that were not considered when the current

971

permit was issued, that the proposed methods and procedures will not

972

 significantly affect

the determination ofactual seasonal emissions, or that

973

the proposed methods and procedures incorporate new or improved

JCAR350205-0416137r01

974

 analytical

techniques or estimation methods that will increase the accuracy

975

with which actual seasonal emissions

are determined, and other applicable

976

 requirements for issuanceofa revised

permit are met.

977

978

3)

 IftheAgency approves the use ofa modifiedmethod orpractice, the

979

 Agency is authorized to determine a corrected baseline

and thereafter issue

980

ATUs in accordance with Section

205 .400(c) ofthis Part pursuant to this

981

 correctedbaseline.

982

983

(Source:

Amended at 29 Ill. Reg.

_______,

effective

_____________

984

985

SUBPART D:

SEASONAL EMISSIONS MANAGEMENT

986

987

Section

205.400

Seasonal Emissions

Allotment

988

989

Each participating source shall receive an allotment which

shallbe issued by the

990

Agency and distributed in ATUs.

991

992

Except for ATUs issued pursuant to Sections 205.500 and 205.5 10 of this Part,

993

ATUs issued for any seasonal allotment period are valid for use during

the

994

seasonal allotment period following issuance and the next succeeding seasonal

995

allotment period.

All ATUs shall be valid until such ATUs expire or are retired.

996

997

The initial allotment for each participating source shall be based on the baseline

998

emissions for such source, as determined in accordance with Section 205 .320 of

999

this Part, and shall be reduced by

12 percent in

1999 or in such other year that a

1000

source is issued its initial

allotment, except as provided in Section 205.405 ofthis

1001

Subpart.

1002

1003

Except as provided in Section 205.337(b)(3) ofthis Part and subsections (c) and

1004

(e) ofthis Section, allotments shall remain at 1999 or initial levels unless the

1005

Agency makes a demonstration to

the Board, in accordance with the rulemaking

1006

provisions of Sections 9.8, 27 and 28 of the Act 415

ILCS 5/9.8, 27 and 28,

that

1007

further reductions are needed.

An allotment or a baseline under this Part does not

1008

constitute a property right.

Nothing in this Part shallbe construed to

limit the

1009

authority of the Board to terminate or limit such allotment orbaseline pursuant to

1010

its rulemaking authority under Sections 9.8, 27 and 28 ofthe Act 415

ILCS 5/9.8,

1011

 27and28.

1012

1013

Ifthe baseline emissions for any participating source are increased in accordance

1014

 with Section205.320(f)

ofthis Part, the allotment shall be increased by the

1015

modified portion ofthe baseline emissions amount, reduced by

 12 percent, except

1016

as provided in Section 205 .405 ofthis Subpart.

JCAR350205-0416137r01

1017

1018

Except as provided in subsection (h) ofthis Section, any new participating source

1019

shall not be issued ATUs by the Agency, but shall be required to hold ATUs at

1020

the end ofthe reconciliation period as specified in Section 205.150(d) ofthis Part

1021

for each seasonal allotment period in which it is

operational.

1022

1023

Any source existing as of May 1,

1999, which first becomes subject to the

1024

requirements ofthis Part because its seasonal emissions increase to

10 tons or

1025

more as a result ofa major modification pursuant to

35 Ill. Adm. Code 203,

in any

1026

seasonal allotment period beginning with 1999, shall not be allotted ATUs by the

1027

Agency for the VOM emissions attributable to this modification, except as

1028

provided in subsection (h) ofthis Section, but shall be allotted ATUs by the

1029

 Agency based on its baseline emissions, as determined

in accordance with Section

1030

 205.320 ofthis

Part.

 Anysuch participating source shall

be required to hold

1031

ATUs at the end ofthe reconciliation period as specified in Section 205.150(c) of

1032

this Part, for each seasonal allotment period in which

 it is subject to this Part.

1033

1034

Ifa participating source or new participating source submits an ATU transfer

1035

agreement authorizing the transfer of ATUs for more than one year, as provided

1036

in Section 205 .630(a)(2)(B) ofthis Part, the ATUs shall be automatically

1037

 transferredby the Agencyfrom the transferor’s

Transaction Account to the

1038

transferee’s Transaction Account.

Upon reopening orrenewal ofthe CAAPP

1039

permit or FESOP for any such source, any multiple season transfer agreement that

1040

has three ormore years oftransfers remaining shall be identified in the renewed

1041

 orreissued CAAPP permit

or FESOP for each such source.

1042

1043

(Source:

Amended at 29 Ill.

Reg.

_______,

 effective

_____________

1044

1045

Section 205.405

Exclusions from Further Reductions

1046

1047

VOM emissions from the following emission units, if satisfying subsection(a)(1),

1048

(a)(2) or (a)(3) ofthis Section prior to May 1,

1999, shall be excluded

from the

1049

VOM emissions reductions requirements

specified in Section 205.400(c)

and (e)

1050

ofthis Subpart as long as such emission units continue to

satisfy subsection (a)(1),

1051

(a)(2) or (a)(3) of this Section:

1052

1053

1)

 Emission units that comply with

any NESHAP or MACT

 standard

1054

 promulgated pursuant to the

CAA;

1055

1056

2)

 Direct combustion emission units designed and used for comfort heating

1057

purposes, fuel combustion emissionunits and internal combustion

1058

 engines;and

1059

JCAR350205-0416137r01

1060

An emission unit for which a LAER demonstration has been approved by

1061

the Agency on or afterNovember

15,

1990.

1062

1063

When it is determined that an emission unit is using, prior to May 1,

1999, BAT

1064

 forcontrollingVOM emissions,VOM emissions from suchemission unit shall

1065

not be subject to the VOM emissions reductions requirement specified in Section

1066

 205.400(c) or (e) ofthis Subpart

as long as such emission unit continues to use

1067

such BAT.

The owner or operator ofa source may request such exclusion from

1068

further reductions by providing the following information, in addition to the

1069

information required in Section 205.3 10 ofthis Part, in its ERMS application:

1070

1071

Identification ofeach emission unit for which exclusion is requested,

1072

including the year ofinitial operation ofsuch emission unit;

1073

1074

Identification ofall requirements applicable to

the emission unit;

1075

1076

A demonstration that the emission unit is using BAT for controlling VOM

1077

emissions;

1078

1079

Identification ofthe permitted VOM emissions from the emission unit;

1080

1081

VOM emissions from the emission unit for each seasonal allotment period

1082

used in the baseline emissions determination for the source; and

1083

1084

6)

A description and quantification ofany reductions in VOM emissions that

1085

were achieved at the emission unit or source based on its

use ofBAT.

1086

1087

c)

part ofits review ofan ERMS application or application for a modified

1088

allotment, the Agency may determine that any such emission unit qualifies for

1089

 exclusion from further reductions under subsection (a) or (b)

ofthis Section.

The

1090

 Agency shall

make its proposed determination in a draft CAAPP permit

1091

FESOP subject to public notice and participation, accompanied by an explanation

1092

ofits proposed action.

1093

1094

 (Source: Amended at29

Ill. Reg.

______,

 effective

_____________

1095

1096

Section 205.410

Participating Source Shutdowns

1097

1098

Ifa participating source

shuts down all operations at the source, and withdraws its

1099

permit or its permit is revoked or terminates, allotments issued to such a source

1100

for each seasonal allotment period after the shutdown occurred shall be subject to

1101

the following:

1102

JCAR350205-0416137r01

1103

80 percent ofall such ATUs shall continue to

be allotted

to the owner or

1104

operator of such source or its duly authorized recipient; and

1105

1106

2)

 20 percent

ofall such ATUs shall be issued to the ACMA.

1107

1108

b)

 Except

as provided in subsection (c) ofthis Section, the owner or operator ofany

1109

participating source that shuts down all operations, in accordance with subsection

1110

(a) of this Section, shall submit a written request to have its status changed to a

1111

general participant, upon withdrawal, revocation or termination ofits permit.

1112

1113

The owner or operator ofany participating source that shuts down all operations,

1114

in accordance with subsection (a) ofthis Section, may authorize the issuance of

1115

future ATUs to the Transaction Account ofanother participating source, new

1116

participating source or general participant by submitting a transfer agreement

1117

authorizing a permanent transferofall future ATUs.

The CAAPP permit ~

1118

FESOP of any participating source or new participating source designated to

1119

receive future allotments ofATUs pursuant to such a transfer agreement shallbe

1120

 modified to reflect

this transfer upon reopening orrenewal.

Any ATUs issued

1121

pursuant to a transfer agreement entered into under this

subsection before shut

1122

down ofall operations ofthe participating source shall not

 be subject to

1123

subsection (a) ofthis Section.

1124

1125

(Source:

Amended at 29 Iii.

Reg.

_______,

effective

______________

1126

1127

SUBPART

ALTERNATIVE ATU GENERATION

1128

1129

Section

205.500

Emissions Reduction Generator

1130

1131

Any participating source, new participating source or general participant may submit a proposal

1132

for issuance ofATUs to it based on VOM emissions reductions, as specified in subsection (a) of

1133

 this Section, achievedby anysource or group ofsources located

in the Chicago ozone non

1134

attainment area with an

operating permit(s) other than a participating source or new participating

1135

source.

The owner or operator ofeach source

from which the VOM emissions reductions have

1136

been or will be achieved shall certify its

acceptance ofthe terms ofthe proposal and that it has

1137

achieved or will achieve the emissions reductions specified in the proposal.

An emissions

1138

reduction generator may apply for a modification to

its operating permit to incorporate

1139

limitations that make the VOM emissions reductions specified in the relevant proposal

1140

enforceable.

1141

1142

a)

 ATUs will onlybe issued pursuant to thisSection ifbasedon actualVOM

1143

emissions reductions that meet one or more ofthe following:

1144

1145

If,

 based on the sameactual

productionrate, VOM emissions at the source

JCAR350205-0416137r01

1146

for any seasonal allotment periodbeginning in

1999 are or will be lower

1147

due to the use oftechnology or materials at the source than if operating at

1148

the same production rate at the emissions level

allowed by applicable

1149

requirements effective in

1996 or any requirements included in the State

1150

Implementation Plan, provided such reductions occurred after 1990;

1151

1152

The source shuts down a portion or all ofits operation(s) after 1996 and

1153

withdraws the relevant operating permit(s), provided the VOM emissions

1154

from the shut down activity or activities will not be distributed elsewhere

1155

within the Chicago ozone nonattainment area;

1156

1157

The source(s) curtails its seasonal production activity resulting in an actual

1158

reduction in VOM

 emissions

during any

 seasonal allotment period

1159

beginning in

1999, provided the VOM emissions from the curtailment will

1160

not be distributed elsewhere withinthe Chicago nonattainment area. Such

1161

emissions reduction shallbe based on the difference between the average

1162

production level forthe two seasonal allotment periods prior to the year of

1163

curtailment and the curtailed production level, calculated at the VOM

1164

emission rate allowed by applicable requirements effective in 1996; or

1165

1166

The source

shuts down operations or curtails seasonal production activity

1167

as described in subsections (a)(2) and (a)(3) ofthis Section, respectively,

1168

and the VOM emissions

from the shut down activity or activities or

1169

curtailment will be distributed to a participating ornew participating

1170

source or sources within the Chicago ozone nonattainment area, and

the

1171

proposal provides that all ATUs issued pursuant to this Section on account

1172

ofsuch shut down or curtailment are to be issued to the corresponding

1173

participating or new participating source or sources.

1174

1175

b)

 Ifanyproposal is based on a shut downofoperations, as specified in subsection

1176

(a)(2) ofthis Section, that results in seasonal emissions reductions of 10 tons or

1177

more, 20 percent ofATUs issued based on such an emissions reduction generator

1178

proposal shall be allocated to the ACMA.

1179

1180

Any proposal based on seasonal emissions reductions of 10 tons or more and the

1181

 Agency’s approval thereof shall be subjectto

the public notice requirements

jp,

1182

 accordance withthe regulations governing

CAAPP permits’ or FESOP issuanceef

1183

 Section 39.5 ofthe

Act

 415 ILCS 5/39.5.

1184

1185

d)

Any proposal submitted shall include the following:

1186

1187

Information identifying the source(s) from which the VOM emissions

1188

reductions has been or will be achieved and

its

owner or operator;

JCAR350205-0416137r01

1189

1190

An explanation ofthe method used to achieve the VOM emissions

reductions;

1192

1193

Relevant information describing the nature ofthe underlying activity that

1194

generated the VOM emissions and the relationship ofthe units at which

1195

the VOM emissions reduction occurred to

other units or sources

1196

performing the same or related activity in the Chicago ozone

1197

nonattainment

 area,

 iftheVOM emissions reduction is attributable to a

1198

partial or complete source shutdown or a production curtailment, as

1199

specified in subsection (a)(2), (a)(3) or (a)(4) ofthis Section;

1200

1201

The amount ofVOM emissions for the two seasonal allotment periods

1202

prior to the year(s) ofcurtailment, including

supporting calculations, if the

1203

VOM emissions reduction is attributable to a production curtailment as

1204

specified in subsection (a)(3) or (a)(4) ofthis Section;

1205

1206

The amount ofthe VOM emissions reduction,

including supporting

1207

calculations and documentation, such as material usage information;

1208

1209

6)

The name and address ofthe participating source(s), new participating

1210

source(s) or general participant(s) to which ATUs will be issued, including

1211

the name and telephone number ofthe account officer for such source or

1212

participant; and

1213

1214

The owner or operator ofeach proposed emission reduction generator

1215

shall certify its acceptance ofthe terms ofthe proposal and

 certifythat it

1216

has achieved or will achieve the emissions reductions specified in the

1217

proposal.

1218

1219

The owner or operator ofany

 emissions

reduction generator may modify its

1220

operating permit to incorporate limitations that make the VOM emissions

1221

 reductions specified in the relevant proposal enforceable.

1222

1223

f)

 Ifthe emissions reduction generatordoes notmodify

its permit, as specified in

1224

subsection (e) ofthis Section, orexperiences a shutdown, as specified in

1225

subsection (a)(2) or (a)(4) ofthis Section, and the proposal is submitted prior to

1226

the availability ofactual VOM emissions data from the relevant seasonal

1227

allotment period, the Agency shall determine if the proposal is acceptable on a

1228

preliminary basis and

 provide notification

ofthis determination.

The Agency

1229

shall not issue final approval, in accordance with subsection (g) ofthis Section, of

1230

any such proposal until the actual VOM emissions datais

submitted.

1231

JCAR350205-0416137r01

1232

The Agency shall notify the participating source, new participating source or

1233

 general participant in writing

ofits final decision with respect to the proposal

1234

 within 45 days afterreceipt ofsuchproposal or receipt ofVOM

emissions data to

1235

verifythat the specified reductions occurred, whichever occurs later.

Ifthe

1236

 Agency denies or

conditionally approves a proposal, this written notice shall

1237

 include a statement ofthe specific reasons fordenying or

modifying the proposal.

1238

The Agency’s determination as to the approvability ofany proposal submitted

1239

pursuant to this Section

is subject to review by the Board as provided at 35

Ill.

1240

Adm. Code 105.102, provided the proposed emissions reduction generator is not

1241

requesting a permit revision.

Ifsuch a permit revision is requested, the applicable

1242

 permit review and appeal procedures shall apply.

1243

1244

Ifthe Agency deems that the proposal is sufficient to receive final approval, the

1245

Agency shall issue ATUs in accordance with the following:

1246

1247

Any ATUs issued pursuant to this subsection shall be issued to

the

1248

participating source(s), new participating source(s) or general participant

1249

 identified in the proposal;

1250

1251

If the emissions reduction generator modifies its

operating permit as

1252

 specified in subsection (e) ofthis Section, to incorporate limitations that

1253

make the VOM emissions reductions specified in the relevant proposal

1254

enforceable, ATUs shall be issued on the date such source is required to

1255

comply with the limitations in the permit and for each seasonal allotment

1256

 period thereafter inwhich theVOM

emissions reductions are required by

1257

the source’s permit;

1258

1259

Ifthe proposal is based on a partial or complete shut down, as specified in

1260

subsection (a)(2) or (a)(4) ofthis Section, ATUs shall be issued before the

1261

 seasonal

allotment period for each year specified in the proposal;

1262

1263

Ifthe emissions reduction generator does not modify its permit and the

1264

proposal is submitted prior to the availability of actual VOM emissions

1265

data from the relevant seasonal allotment period(s), the Agency shall issue

1266

ATUs upon final approval which shall occur after actual VOM emissions

1267

data is evaluated for the relevant seasonal allotment period;

1268

1269

Ifthe emissions reduction generator includes information on actual VOM

1270

emissions reductions during the seasonal allotment period for which ATUs

1271

are sought, ATUs will be issued by the Agency upon final approval ofthe

1272

proposal;

1273

1274

6)

 Except

as provided in subsection (h)(7) ofthis Section, ATUs issued

JCAR350205-0416137r01

1275

 pursuant to

this subsection shall only be valid for the seasonal allotment

1276

period in which the emissions reductions were achieved;

1277

1278

Ifthe VOM emissions reductions specified in a proposal are incorporated

1279

into the emissions reduction generator’s permit or, if the emissions

1280

reduction generator shuts down all or a portion of its

operations and

1281

withdraws all relevant operating permits, ATUs issued pursuant to

this

1282

subsection shall be valid for the seasonal allotment period following

1283

issuance and for the next seasonal allotment period; and

1284

1285

The number ofATUs issued pursuant to

subsection (h)(2) or (h)(3) ofthis

1286

Section based on a proposal under subsection (a)(4) ofthis Section shall

1287

be equal to the number ofATUs otherwise issuable under this Section

1288

 reducedby 12 percent.

1289

1290

(Source:

Amended at 29 Iii. Reg.

______,

 effective

_____________

1291

1292

Section 205.510

Inter-Sector Transaction

1293

1294

Any person may submit a proposal to

the Agency to have ATUs issued to the Transaction

1295

Account of a participating source, new participating source or general participant equivalent to

1296

VOM emissions reductions from mobile sources or area sources in the Chicago area.

Any such

1297

proposal for the VOM emissions reduction project is

subject to Agency review and

approval,

1298

shall be consistent with laws and regulations and shall include all supporting documentation.

1299

The Agency shall review all suchproposals in accordance with the following:

1300

1301

Regulatory Based Proposal

1302

Ifthe VOM emission reductions that have been generated orwill be generated are

1303

pursuant to

a regulation that provides the procedure to determine VOM emissions

1304

reductions and allows for such reductions to be converted to ATUs, the Agency

1305

shall approve the proposal if based on the provisions ofthe applicable regulation.

1306

The Agency shall approve, conditionally approve or deny any complete and

1307

adequately supported proposal within 45 days after the Agency’s receipt thereof

1308

by sending written notification ofits decision.

Ifthe Agency denies or

1309

conditionally approves a proposal, this written notice shall include

a statement of

1310

the specific reasons for denying or modifying the proposal.

1311

1312

Other Proposals

1313

Ifthe proposal is based on VOM emissions reductions that have been generated or

1314

will be generated which are beyond VOM emissions reductions required by any

1315

mandatory applicable rules, the proposal shall include an explanation ofthe

1316

method(s) used to

achieve the VOM emissions reductions and the method(s) used

1317

 to quantify theVOM emissions reductions, including supporting

documentation

JCAR350205-0416137r01

1318

and calculations.

The Agency shall evaluate the validity ofVOM emission

1319

reductions that allegedly were generated orwill be generated and approve,

1320

conditionally approve or deny any complete proposal within 90 days after the

1321

Agency’s receipt by sending writtennotification ofits decision to the source. If

1322

the Agency denies or conditionally approves a proposal, this written notice shall

1323

include a statement ofthe specific reasons for denying ormodifying the proposal.

1324

1325

No ATUs shall be issued based on mobile or area source VOM emissions

1326

reductions unless a proposal, in accordance with this Section,

has been approved

1327

by the Agency.

1328

1329

All ATUs issued pursuant to a proposal approved pursuant to this Section shall be

1330

issued to the Transaction Account identified in the proposal.

Such ATUs shall

1331

only be valid for the seasonal allotment period in which the emissions reductions

1332

were achieved, unless the Agency specifies in its

approval that

such ATUs shall

1333

be valid for the seasonal allotment period following issuance and forthe next

1334

 seasonal allotment period.

1335

1336

The Agency’s determination that a proposal submitted pursuant to this Section

1337

 denied or conditionally

approved is

subject to review by the Board as provided at

1338

 35 Ill. Adm. Code 105.102.

1339

1340

(Source:

Amended at 29

Ill. Reg.

_______,

effective

_____________

1341

1342

SUBPART F:

MARKET TRANSACTIONS

1343

1344

Section 205.610

Application for Transaction Account

1345

1346

Eachparticipating source, new participating source and general participant shall

1347

 apply for and obtain

authorization for a Transaction Account from the Agency

1348

prior to conducting any market transactions.

Eachparticipating source shall

1349

submit to the Agency its completed application for a Transaction Account no later

1350

than 30 days prior to the beginning ofthe first seasonal allotment period in which

1351

the source is required to participate.

Eachnew participating source shall

submit

1352

to the Agency its completed application for a Transaction Account no

later than

1353

30 days prior to the beginning ofthe first seasonal allotment period in which it is

1354

 operational.

1355

1356

EachTransaction Account application shall include the following information:

1357

1358

The name and

address ofthe participating source, new participating source

1359

or general participant,

and the name and

address ofits owner or operator;

1360

JCAR350205-0416l37r01

1361

The names and

addresses ofall designated account officers;

1362

1363

3)

 The certification specified in Section 205.620(a)(5) ofthis Subpart signed

1364

 byeach account officer; and

1365

1366

For a participating source or new participating source, identification ofthe

1367

CAAPP permit or FESOP number for the source.

1368

1369

Special Participants

1370

 Anyperson

may purchase ATUs to retire for air quality benefit only.

Such person

1371

shall be a special participant and shall register with the Agency prior to its

first

1372

ATUpurchase.

Special participants will not have Transaction Accounts in the

1373

Transaction Account database.

All ATUs purchased by special participants will

1374

be retired effective on the date ofpurchase

and will be listed as retired in the

1375

appropriate database.

1376

1377

d)

 Special participants willbe given

a registration numberby the Agency so that

1378

their purchases ofATUs can be recorded.

1379

1380

 (Source: Amended at29 Ii!.

Reg.

______,

effective

_____________

1381

1382

 SUBPART G: PERFORMANCE ACCOUNTABILITY

1383

1384

 Section 205.700

Compliance Accounting

1385

1386

The owner or operator ofeach participating source or new participating source

1387

shall maintain and

retain for five years at the source or

at another location agreed

1388

to by the Agency, in conjunction with the records it

maintains to demonstrate

1389

compliance with its CAAPP permit orFESOP,

all ofthe following documents as

1390

 its compliance master file:

1391

1392

A copy ofits seasonal component ofits Annual Emissions Report;

1393

1394

Information on actual VOM emissions, as recorded in accordance with

1395

Section 205.335 ofthis Part, and as required by the CAAPP permit or

1396

FESOP for the source; and

1397

1398

Copies of any transfer agreements for the purchase or sale of ATUs and

1399

other documentation associated with the transfer ofATUs.

1400

1401

b)

 Compliance Master File Review

1402

1403

The owner or operator of each participating source or newparticipating

ILLINOIS REGISTER

04

POLLUTION CONTROL BOARD

NOTICE OFPROPOSEDAMENDMENT

Heading ofthe Part:

Definitions and General Provisions

2)

 Code citation:

35

Ill. Adm. Code 211

3)

 SectionNumber:

 Proposed Action:

211.

3695

4)

 Statutory authority: Implementing Sections 9, 9.1, 9.9 and 10 and authorized by Sections

27 and 28.5 ofthe Environmental Protection Act 415

ILCS

5/9, 9.1, 9.9,

10, 27 and

28.5.

5)

 A complete description of the subjects and issues involved: A

more complete description

ofthis proposal may be found in the Board’s opinion and order ofDecember 2, 2004, in

Board docket R05-1 1.

This

 rulemaking, based on a proposal filed by the Illinois

Environmental Protection

Agency

(Agency) on November 19, 2004, amends the Board’s

Emission reduction market system regulations (ERMS).

The ERMS system is a cap and

trade program that involves volatile organic material (VOM) emissions in the Chicago

area.

The program is designed to reduce VOM emission in the Chicago non-attainment

area below the levels required by reasonablyavailable control technology and other

emission standards.

The amendments in this rulemaking affect sources in the Chicago

ozone non-attainment area.

Specifically, the amendments

to Part 211

change the phrase “Chicago nonattainment

area” to

“Chicago area” to reflect the change in status for the Chicago area.

6)

 Will this rulemaking replace

an emergency rulemaking currently in effect?

Does this rulemaking contain an automatic repeal date?

No.

Does this rulemaking contain incorporations by reference?

Are there any other amendments pending on this Part?

10)

Statement of statewide

 policy objectives: These proposed amendments do not create or

enlarge a

state mandate as defined in Section 3(b) ofthe

 State MandatesAct 30 ILCS

8 05/3 (2002).

11)

Time,

 place and

manner in which interested persons may comment on this

 proposed

rulemaking:

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENT

The Board will accept written public comment on this proposal for 45 days after the date

ofpublication in the

Illinois Register.

Comments

should reference Docket R05-1

and be

addressed to:

Clerk’s

Office

Illinois Pollution Control Board

100 W. Randolph St., Suite 11-500

Chicago, IL 60601

Interested personsmayrequest copies of

the Board’s opinion and order

 by callingDorothy

Gunn at 312-814-3620, or download from the Board’s Web site at www.ipcb.state.il.us.

For more information contact John Knittle at 217/278-3111

or email at

knittlej@ipcb.state.il.us.

12)

Initial

 regulatory flexibility analysis:

Types ofsmall businesses, small municipalities,

and not-for-profit corporations

affected:

This rulemaking affects those small businesses and not-for-profit

corporations that are located within the Chicago area and that emit, or have the

potential to emit,

25 tons per year ormore ofVOM or is required to obtain a

CAAPP permit, and

 that has baseline or seasonal

emissions ofat least

10 tons per

year.

Reporting, bookkeeping or other procedures required for compliance:

The

proposed amendments do not require extensive reporting, bookkeeping or other

procedures.

C)

Types

 ofprofessional skills necessary for compliance:

Compliance with the

existing rules and proposed amendments maybe aided by the services of an

attorney.

13)

Regulatory agenda on which this rulemaking was summarized:

July 2004

The full text of the Proposed Amendment begins on the next

 page:

1~T

NOTICE

VERSION

JCAR35O211-0416180r01

1

 TITLE 35: ENVIRONMENTALPROTECTION

SUBTITLE B:

AIR POLLUTION

3

 CHAPTER I: POLLUTIONCONTROL

BOARD

4

 SUBCHAPTER

EMISSION STANDARDS AND LIMITATIONS

FOR STATIONARY SOURCES

6

PART211

8

 DEFINITIONSAND GENERALPROVISIONS

9

10

 SUBPART A: GENERALPROVISIONS

11

12

 Section

13

 211.101

 Incorporations byReference

211.102

Abbreviations and Conversion Factors

16

SUBPART B:

DEFINITIONS

17

18

 Section

211.121

OtherDefinitions

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

28

 211.270

 Aerosol

Can Filling Line

211.290

Afterburner

30

 211.310

 AirContaminant

31

 211.330

 AirDried Coatings

211.350

Air Oxidation Process

211.370

AirPollutant

211.390

AirPollution

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

41

 211.484

 Animal

211.485

Animal Pathological Waste

211.490

Annual Grain Through-Put

JCAR3SO211-04l6l80r01

44

 211.495

 Anti-Glare/Safety Coating

211.510

Application Area

211.530

Architectural Coating

211.550

AsApplied

211.560

As-Applied Fountain Solution

49

 211.570

 Asphalt

50

 211.590

Asphalt Prime Coat

51

 211.610

 Automobile

211.630

Automobile orLight-Duty Truck Assembly Source or Automobile or

 Light-Duty

Truck

Manufacturing Plant

211.650

Automobile or Light-Duty Truck Refinishing

55

 211.660

 Automotive/Transportation Plastic Parts

56

 211.670

 Baked Coatings

57

 211.680

 BakeryOven

211.685

Basecoat/Clearcoat

System

211.690

BatchLoading

 211.695

 Batch

Operation

211.696

Batch Process Train

211.710

Bead-Dipping

63

 211.730

 Binders

211.750

British Thermal Unit

65

211.770

Brush or Wipe Coating

66

211.790

Bulk Gasoline Plant

67

 211.810

 Bulk GasolineTerminal

211.820

Business Machine

 Plastic

Parts

69

211.830

Can

70

 211.850

Can Coating

211.870

Can Coating Line

72

 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

80

 211.990

 Choke Loading

81

 211.1010

 CleanAirAct

211.1050

Cleaning and

Separating Operation

211.1070

Cleaning Materials

211.1090

Clear Coating

211.1110

ClearTopcoat

211.1120

Clinker

JCAR35O211-04l6180r01

211.1130

ClosedPurge System

211.1150

Closed Vent System

89

 211.1170

 CoalRefuse

90

 211.1190

 Coating

211.1210

Coating Applicator

92

 211.1230

 Coating Line

211.1250

CoatingPlant

211.1270

Coil Coating

211.1290

Coil Coating Line

96

211.1310

ColdCleaning

211.1312

Combined Cycle System

98

 211.1316

 Combustion Turbine

211.1320

 Commence

Commercial Operation

100

211.1324

Commence Operation

101

211.1328

Common Stack

102

211.1330

Complete Combustion

103

211.1350

Component

104

211.1370

Concrete Curing Compounds

105

 211.1390

 Concentrated Nitric

Acid Manufacturing Process

106

211.1410

 Condensate

107

211.1430

CondensiblePM-10

108

211.1465

 Continuous Automatic Stoking

109

211.1467

Continuous Coater

110

211.1470

Continuous Process

111

211.1490

ControlDevice

112

 211.1510

Control Device Efficiency

113

 211.1515

 ControlPeriod

114

211.1520

Conventional Air Spray

115

211.1530

Conventional

 Soybean Crushing Source

116

211.1550

 ConveyorizedDegreasing

117

211.1570

Crude Oil

118

211.1590

Crude Oil Gathering

119

 211.1610

 Crushing

120

 211.1630

 Custody Transfer

121

211.1650

Cutback Asphalt

122

211.1670

Daily-Weighted Average VOM Content

123

211.1690

Day

124

211.1710

Degreaser

125

211.1730

DeliveryVessel

126

211.1750

Dip Coating

127

211.1770

Distillate Fuel

Oil

128

211.1780

Distillation Unit

129

211.1790

Drum

JCAR35021l-0416180r01

130

 211.1810

 DryCleaning Operation

or Dry Cleaning Facility

131

211.1830

Dump-PitArea

132

211.1850

Effective Grate Area

133

211.1870

Effluent Water Separator

134

211.1875

Elastomeric Materials

135

211.1880

Electromagnetic

 Interference/Radio

Frequency Interference (EMJIRFI) Shielding

136

Coatings

137

 211.1885

 Electronic Component

138

 211.1890

Electrostatic Bell or Disc Spray

139

211.1900

Electrostatic Prep Coat

140

 211.1910

 Electrostatic Spray

141

211.1920

Emergency or Standby Unit

142

211.1930

EmissionRate

143

211.1950

EmissionUnit

144

211.1970

Enamel

145

211.1990

Enclose

146

211.2010

End Sealing Compound

Coat

147

211.2030

Enhanced Under-the-Cup Fill

148

211.2050

Ethanol Blend Gasoline

149

211.2070

Excess Air

150

211.2080

Excess Emissions

151

 211.2090

 Excessive Release

152

211.2110

Existing Grain-Drying Operation (Repealed)

153

211.2130

Existing Grain-Handling Operation (Repealed)

154

211.2150

ExteriorBase Coat

155

211.2170

ExteriorEndCoat

156

211.2190

External Floating Roof

157

211.2210

Extreme Performance Coating

158

211.2230

Fabric Coating

159

211.2250

Fabric Coating Line

160

211.2270

Federally Enforceable Limitations and Conditions

161

 211.2285

 FeedMill

162

211.2290

Fermentation Time

163

211.2300

Fill

164

211.2310

Final Repair Coat

165

211.2330

Firebox

166

211.2350

Fixed-Roof Tank

167

 211.2360

 Flexible Coating

168

 211.2365

 Flexible OperationUnit

169

211.2370

Flexographic Printing

170

 211.2390

 Flexographic PrintingLine

171

 211.2410

 FloatingRoof

172

211.2420

Fossil Fuel

JCAR350211-0416l80r01

173

211.2425

Fossil Fuel-Fired

174

211.2430

Fountain Solution

175

 211.2450

 Freeboard Height

176

211.2470

Fuel Combustion Emission Unit or Fuel Combustion Emission Source

177

 211.2490

 Fugitive Particulate

Matter

178

211.2510

Full Operating Flowrate

179

211.2530

Gas Service

180

211.2550

Gas/Gas Method

181

211.2570

Gasoline

182

211.2590

Gasoline Dispensing Operation or Gasoline Dispensing Facility

183

211.2610

Gel Coat

184

211.2620

Generator

185

211.2630

Gloss Reducers

186

211.2650

 Grain

187

211.2670

Grain-Drying Operation

188

 211.2690

 Grain-Handling

and Conditioning Operation

189

211.2710

Grain-Handling Operation

190

211.2730

Green-Tire Spraying

191

211.2750

GreenTires

192

211.2770

Gross Heating Value

193

211.2790

Gross Vehicle Weight Rating

194

211.2810

Heated Airless Spray

195

 211.2815

 HeatInput

196

211.2820

Heat Input Rate

197

 211.2830

 Heatset

198

 211.2850

 Heatset

Web Offset Lithographic Printing Line

199

211.2870

Heavy Liquid

200

211.2890

Heavy Metals

201

211.2910

Heavy Off-Highway Vehicle Products

202

211.2930

Heavy Off-Highway Vehicle Products Coating

203

211.2950

Heavy Off-Highway Vehicle Products Coating Line

204

211.2970

High Temperature Aluminum Coating

205

211.2990

High Volume Low Pressure (HVLP) Spray

206

211.3010

Hood

207

211.3030

Hot Well

208

211.3050

Housekeeping Practices

209

211.3070

 Incinerator

210

 211.3090

 IndirectHeat Transfer

211

211.3110

Ink

212

211.3130

In-Process Tank

213

211.3150

In-Situ Sampling Systems

214

211.3170

Interior Body Spray Coat

215

 211.3190

 Internal-Floating Roof

JCAR350211-0416180r01

216

211.3210

Internal Transferring Area

217

 211.3230

 Lacquers

218

 211.3250

 Large Appliance

219

211.3270

Large Appliance Coating

220

211.3290

Large Appliance Coating Line

221

211.3310

LightLiquid

222

211.3330

Light-DutyTruck

223

211.3350

Light Oil

224

 211.3370

 Liquid/GasMethod

225

211.3390

Liquid-Mounted Seal

226

211.3410

Liquid Service

227

211.3430

Liquids Dripping

228

211.3450

Lithographic Printing Line

229

211.3470

Load-Out Area

230

211.3480

 LoadingEvent

231

211.3483

LongDryKiln

232

211.3485

Long WetKiln

233

211.3487

Low-NOr Burner

234

211.3490

Low Solvent Coating

235

211.3500

Lubricating Oil

236

211.3510

Magnet Wire

237

211.3530

Magnet WireCoating

238

211.3550

Magnet Wire Coating Line

239

211.3570

MajorDumpPit

240

211.3590

Major Metropolitan Area (MMA)

241

211.3610

Major Population Area (MPA)

242

211.3620

Manually Operated Equipment

243

211.3630

Manufacturing Process

244

211.3650

Marine Terminal

245

211.3660

Marine Vessel

246

211.3670

Material Recovery Section

247

211.3690

Maximum Theoretical Emissions

248

211.3695

Maximum True Vapor Pressure

249

211.3710

Metal Furniture

250

211.3730

Metal Furniture Coating

251

211.3750

Metal Furniture Coating Line

252

211.3770

Metallic Shoe-Type Seal

253

211.3780

Mid-KilnFiring

254

 211.3790

 Miscellaneous Fabricated

Product Manufacturing Process

255

211.3810

Miscellaneous Formulation Manufacturing Process

256

211.3830

Miscellaneous Metal Parts and Products

257

211.3850

Miscellaneous Metal Parts and Products Coating

258

211.3870

Miscellaneous Metal Parts or Products Coating Line

JCAR3SO21l-0416180r01

259

 211.3890

 Miscellaneous Organic Chemical Manufacturing Process

260

211.3910

Mixing Operation

261

211.3915

Mobile Equipment

262

211.3930

Monitor

263

211.3950

Monomer

264

 211.3960

 Motor Vehicles

265

 211.3965

 Motor Vehicle Refinishing

266

211.3970

Multiple Package Coating

267

211.3980

Nameplate

 Capacity

268

 211.3990

New

Grain-Drying Operation (Repealed)

269

 211.4010

 New Grain-Handling Operation (Repealed)

270

 211.4030

 No Detectable Volatile Organic Material Emissions

271

211.4050

Non-Contact Process Water Cooling Tower

272

211.4055

Non-Flexible Coating

273

211.4065

Non-Heatset

274

211.4067

NO~

Trading Program

275

211.4070

Offset

276

211.4090

One HundredPercent Acid

277

211.4110

One-Turn Storage Space

278

211.4130

Opacity

279

211.4150

Opaque Stains

280

211.4170

Open Top Vapor Degreasing

281

211.4190

Open-Ended Valve

282

211.4210

Operator ofa Gasoline Dispensing Operation or Operator of a Gasoline

283

Dispensing Facility

284

211.4230

Organic Compound

285

211.4250

Organic Material and Organic Materials

286

211.4260

Organic Solvent

287

211.4270

Organic Vapor

288

211.4290

Oven

289

211.4310

Overall Control

290

211.4330

Overvarnish

291

211.4350

Owner ofa Gasoline Dispensing Operation or Owner ofa Gasoline Dispensing

292

Facility

293

211.4370

Owner or Operator

294

211.4390

 Packaging

Rotogravure Printing

295

 211.4410

 Packaging

Rotogravure Printing Line

296

211.4430

Pail

297

211.4450

Paint Manufacturing Source orPaint Manufacturing Plant

298

211.4470

Paper Coating

299

211.4490

Paper Coating Line

300

211.4510

Particulate Matter

301

211.4530

Parts Per Million

(Volume) orPPM (Vol)

JCAR35O211-O4l6l8OrOl

302

 211.4550

 Person

303

211.4590

Petroleum

304

211.4610

Petroleum Liquid

305

211.4630

Petroleum Refinery

306

211.4650

Pharmaceutical

307

211.4670

Pharmaceutical Coating Operation

308

211.4690

Photochemically Reactive Material

309

211.4710

Pigmented Coatings

310

211.4730

Plant

311

211.4740

Plastic Part

312

211.4750

Plasticizers

313

211.4770

PM-b

314

211.4790

Pneumatic Rubber Tire Manufacture

315

211.4810

Polybasic Organic Acid Partial Oxidation Manufacturing Process

316

211.4830

Polyester Resin Material(s)

317

211.4850

Polyester Resin Products Manufacturing Process

318

211.4870

Polystyrene Plant

319

 211.4890

 Polystyrene Resin

320

211.4910

Portable Grain-Handling Equipment

321

211.4930

Portland Cement Manufacturing Process Emission Source

322

211.4950

Portland Cement Process or Portland Cement Manufacturing Plant

323

211.4960

Potential Electrical Output Capacity

324

211.4970

Potential to Emit

325

211.4990

Power Driven Fastener Coating

326

211.5010

Precoat

327

211.5015

PreheaterKiln

328

211.5020

Preheater/Precalciner Kiln

329

211.5030

Pressure Release

330

211.5050

Pressure Tank

331

211.5060

Pressure/Vacuum Relief Valve

332

211.5061

Pretreatment Wash Primer

333

 211.5065

 PrimaryProduct

334

211.5070

Prime Coat

335

211.5080

Primer Sealer

336

211.5090

Primer Surfacer Coat

337

211.5110

Primer Surfacer Operation

338

211.5130

Primers

339

 211.5150

 Printing

340

 211.5170

 Printing Line

341

211.5185

Process Emission Source

342

211.5190

Process Emission Unit

343

211.5210

Process Unit

344

211.5230

Process Unit Shutdown

JCAR35021b-0416180r0l

345

 211.5245

 Process Vent

346

211.5250

Process Weight Rate

347

211.5270

Production Equipment Exhaust System

348

211.5310

Publication Rotogravure Printing Line

349

211.5330

Purged Process Fluid

350

211.5340

Rated Heat Input Capacity

351

211.5350

Reactor

352

 211.5370

 Reasonably Available

Control Technology (RACT)

353

211.5390

Reclamation System

354

 211.5410

 Refiner

355

 211.5430

 RefineryFuel Gas

356

 211.5450

 Refinery

Fuel Gas System

357

211.5470

RefineryUnit or Refinery Process Unit

358

 211.5480

 Reflective Argent Coating

359

211.5490

Refrigerated Condenser

360

211.5500

Regulated Air Pollutant

361

211.5510

Reid VaporPressure

362

211.5530

Repair

363

211.5550

RepairCoat

364

211.5570

Repaired

365

211.5580

Repowering

366

211.5590

Residual Fuel Oil

367

211.5600

Resist Coat

368

211.5610

Restricted Area

369

211.5630

Retail Outlet

370

211.5650

Ringelmanri Chart

371

 211.5670

 Roadway

372

 211.5690

 Roll Coater

373

211.5710

Roll Coating

374

211.5730

Roll Printer

375

211.5750

Roll Printing

376

211.5770

Rotogravure Printing

377

211.5790

Rotogravure Printing Line

378

211.5810

SafetyReliefValve

379

211.5830

Sandblasting

380

211.5850

Sanding Sealers

381

 211.5870

 Screening

382

 211.5890

 Sealer

383

 211.5910

 Semi-Transparent Stains

384

211.5930

 Sensor

385

 211.5950

 Set ofSafety ReliefValves

386

211.5970

Sheet Basecoat

387

 211.5980

 Sheet-Fed

JCAR35021l-0416180r01

388

211.5990

Shotblasting

389

211.6010

Side-Seam Spray Coat

390

211.6025

Single Unit Operation

391

211.6030

Smoke

392

211.6050

Smokeless Flare

393

211.6060

Soft Coat

394

 211.6070

 Solvent

395

 211.6090

 Solvent Cleaning

396

211.6110

Solvent Recovery System

397

 211.6130

 Source

398

211.6140

Specialty Coatings

399

211.6145

Specialty Coatings for Motor Vehicles

400

211.6150

SpecialtyHigh Gloss

Catalyzed Coating

401

 211.6170

 Specialty Leather

402

211.6190

Specialty Soybean Crushing Source

403

211.6210

Splash Loading

404

211.6230

Stack

405

211.6250

Stain Coating

406

211.6270

Standard Conditions

407

211.6290

Standard Cubic Foot (scf)

408

 211.6310

 Start-Up

409

211.6330

Stationary Emission Source

410

211.6350

Stationary Emission Unit

411

211.6355

Stationary Gas Turbine

412

 211.6360

 Stationary Reciprocating InternalCombustionEngine

413

 211.6370

 Stationary Source

414

211.6390

Stationary Storage Tank

415

211.6400

Stencil Coat

416

211.6410

Storage Tank or Storage Vessel

417

211.6420

Strippable Spray Booth Coating

418

211.6430

Styrene Devolatilizer Unit

419

211.6450

Styrene RecoveryUnit

420

211.6470

Submerged Loading Pipe

421

 211.6490

 Substrate

422

 211.6510

 SulfuricAcidMist

423

 211.6530

 Surface Condenser

424

211.6540

Surface Preparation Materials

425

211.6550

Synthetic Organic Chemical or Polymer Manufacturing Plant

426

211.6570

Tablet Coating Operation

427

211.6580

Texture Coat

428

211.6590

Thirty-Day Rolling Average

429

 211.6610

 Three-Piece

Can

430

211.6620

Three or Four Stage Coating System

JCAR35O211-0416180r01

431

211.6630

Through-the-Valve Fill

432

211.6650

Tooling Resin

433

211.6670

Topcoat

434

211.6690

Topcoat Operation

435

211.6695

Topcoat System

436

211.6710

Touch-Up

437

211.6720

Touch-Up Coating

438

211.6730

Transfer Efficiency

439

211.6750

Tread End Cementing

440

211.6770

True Vapor Pressure

441

211.6790

Turnaround

442

211.6810

Two-Piece Can

443

211.6830

Under-the-Cup Fill

444

211.6850

Undertread Cementing

445

211.6860

Uniform Finish Blender

446

211.6870

Unregulated SafetyRelief Valve

447

211.6880

Vacuum Metallizing

448

211.6890

Vacuum Producing System

449

211.6910

Vacuum Service

450

211.6930

Valves Not Externally Regulated

451

211.6950

Vapor Balance System

452

211.6970

Vapor Collection System

453

211.6990

Vapor Control System

454

211.7010

Vapor-Mounted Primary Seal

455

211.7030

Vapor Recovery System

456

211.7050

Vapor-Suppressed PolyesterResin

457

211.7070

Vinyl Coating

458

211.7090

Vinyl Coating Line

459

211.7110

Volatile Organic Liquid (VOL)

460

211.7130

Volatile Organic Material Content (VOMC)

461

211.7150

Volatile Organic Material (VOM) orVolatile Organic Compound (VOC)

462

211.7170

Volatile Petroleum Liquid

463

211.7190

Wash Coat

464

211.7200

Washoff Operations

465

211.7210

Wastewater (Oil/Water) Separator

466

211.7230

WeakNitric Acid Manufacturing Process

467

211.7250

Web

468

211.7270

Wholesale Purchase

—

Consumer

469

211.7290

Wood Furniture

470

211.7310

Wood Furniture Coating

471

211.7330

Wood Furniture Coating Line

472

211.7350

Woodworking

473

211.7400

Yeast Percentage

JCAR350211-0416180r01

474

475

21 1.APPENDIX A

Rule

into Section Table

476

21 1.APPENDIX B

Section into Rule Table

477

478

AUTHORITY:

Implementing Sections 9, 9.1, 9.9 and

10 and authorized by Sections 27 and

479

28.5 ofthe Environmental Protection Act 415

ILCS

 5/9,

9.1, 9.9,

10,

27 and 28.5.

480

481

SOURCE:

Adopted as Chapter 2:

Air Pollution,

Rule 201: Definitions, R71-23,

4 PCB

191,

482

filed and effective April

14, 1972;

amended in R74-2 and R75-5, 32 PCB 295, at 3 Ill. Reg.

483

777, effectiveFebruary 3,

1979; amended in R78-3 and 4, 35 PCB 75

and 243, at 3 Ill. Reg. 30,

484

124,

effectiveJuly 28,

1979; amended in R80-5, at 7 Ill. Reg.

1244, effective January 21,

485

1983;

codified at 7 Ill. Reg.

13590; amended in R82-l

(Docket A) at

10 Ill. Reg.

12624, effective

486

July 7,

1986; amended in R85-21(A) at

11111. Reg.

11747, effective June 29,

1987;

amended in

487

R86-34 at 11111.

Reg.

12267, effective July 10,

1987;

amended in R86-39 at 11111.

Reg. 20804,

488

effectiveDecember 14,

1987; amended in R82-14

and R86-37 at

12 Ill. Reg. 787, effective

489

December 24,

1987; amended in R86-18 at

12 Ill. Reg. 7284, effective April 8,

1988; amended

490

in R86-b0 at 12

Ill. Reg.

7621, effective April 11,

1988; amended in R88-23 at

13 Ill. Reg.

491

10862,

effective June 27,

1989;

amended in R89-8 at 13 Ill. Reg.

17457, effective January

492

1990; amended in R89-16(A) at 14 Ill. Reg.

9141, effective May 23,

1990; amended in R88-

493

30(B) at

15 Ill. Reg.

5223,

effective March 28,

1991; amended in R88-14 at 15 Ill. Reg.

7901,

494

effective May 14,

1991;

amended in R91-10 at 15 Ill. Reg.

15564, effective October

11,

1991;

495

amended in R91-6 at 15 Ill.

Reg.

15673, effective October 14,

1991; amended in R91-22 at

496

Ill. Reg. 7656, effective May 1,

1992; amended in R91-24 at

16 Ill. Reg.

13526, effective August

497

24,

1992; amended in R93-9 at 17 Ill.

Reg.

16504, effective September 27,

1993;

amended in

498

R93-ll

at 17 Ill. Reg. 21471,

effective December 7,

1993; amended in R93-l4 at 18

Ill. Reg.

499

1253, effective January 18,

1994; amended

in R94-l2

at 18 Ill. Reg.

14962, effective September

500

21,

1994; amended in R94-14 at 18 Ill. Reg.

15744, effective October 17,

1994; amended

501

R94-15

18 Ill. Reg.

16379, effective October 25,

1994; amended in R94-l6 at

18 Ill. Reg.

502

16929, effective November 15,

1994;

amended in R94-21, R94-31

and R94-32 at

19 Ill.

Reg.

503

6823, effective May 9,

1995;

amended in R94-33 at 19

Ill. Reg.

7344, effective May 22,

1995;

504

amended in R95-2 at

19 Ill. Reg.

11066, effective July

12,

1995; amended in R95-16

at 19 Ill.

505

Reg.

15176, effective October 19,

1995; amended in

R96-5

at 20 Ill. Reg. 7590, effective May

506

22,

1996; amended in R96-16 at 21111. Reg. 2641,

effective February 7,

1997; amended in R97-

507

17 at 21111. Reg.

6489, effective May 16,

1997; amended in R97-24 at 21111. Reg.

7695,

508

effective June 9,

1997; amended in R96-17 at 21111. Reg.

7856, effective June

17,

1997;

509

amended in R97-31

at 22 Ill.

Reg. 3497, effective February 2,

1998; amended in R98-l7 at 22 Ill.

510

Reg.

11405,

effective June 22,

1998;

amended in R0b-9 at 25 Ill. Reg.

108, effective December

511

26, 2000; amended in R01-1

at 25 Ill. Reg. 4582, effective March

15, 2001;

amended in R01-17

512

at 25 Ill. Reg.

5900, effective April

17, 2001; amended in R05-l

at 29 Ill. Reg.

______

513

effective

514

515

BOARD NOTE:

This Part implement the Illinois Environmental Protection Act as ofJuly

516

1994.

JCAR35O21l-0416180r0l

517

518

SUBPART B:

DEFINITIONS

519

520

Section

211.3695

Maximum True Vapor Pressure

521

522

“Maximum true vapor pressure” means the equilibrium partial pressure exerted by stored VOL

523

the temperature equal to the highest calendar-month average ofthe VOL storage temperature for

524

VOLs stored above or below the ambient temperature or at the local maximum monthly average

525

temperature of 75 degrees fahrenheit for the Chicago nonattainment area as defined at 35 Ill.

526

Adm. Code 2 18.100 or 79 degrees fahrenheit for the Metro-East nonattainment area as defined at

527

35 Ill.

Adm.

Code 219.100 for VOLs stored at the ambient temperature, as determined:

528

529

In accordance with methods described in American Petroleum Institute bulletin

530

2517, Evaporation Loss from External Floating Roof Tanks, incorporated by

531

reference at35 Ill.

Adm.

Code2l8.bl2and2l9.112;or

532

533

By ASTM Method D2879-83, incorporated by reference at 35 Ill. Adm.

Code

534

218.112(a)(l) and 219.1b2(a)(l).

535

536

(Source:

Amended at 29 Ill. Reg.

_______,

effective

______________