IN THE MATTER OF:

BACKGROUND
SUMMARY OF FIRST-NOTICE PROPOSAL
1. DISCUSSION OF SECOND-NOTICE PROPOSAL AND ADOPTED AMENDMENTS
Exemption for Equipment at Existing Emission Units
Exemption for FESOP Sources With a Low Potential to Emit
Exemption for Minor Sources That Are Not CAAPPs or FESOPs
Insignificant Activities Exemption
CONCLUSION
1. ORDER
SUBPART C: PROHIBITIONS

ILLINOIS POLLUTION CONTROL BOARD

March 2, 2006

IN THE MATTER OF:	)
	)
PROPOSED AMENDMENTS TO	)	R05-19
EXEMPTIONS FROM STATE	)	(Rulemaking - Air)
PERMITTING REQUIREMENTS	)
(35 ILL. ADM. CODE 201.146)	)

Adopted Rule. Final Order.

OPINION AND ORDER OF THE BOARD (by N.J. Melas):

Today the Board adopts the proposed rule for final notice pursuant to the Illinois Administrative Procedure Act (IAPA) (5 ILCS 100/5-5 et seq. (2004)). The adopted rule is unchanged from the rule proposed for second notice.

The Board’s authority in rulemaking proceedings stems from Section 5(b) of the Environmental Protection Act (Act) (415 ILCS 5/5 (2004)), which provides that the Board “shall determine, define and implement the environmental control standards applicable in the State of Illinois and may adopt rules and regulations in accordance with Title VII of the Act.” 415 ILCS 5/5(b) (2004). Title VII of the Act sets forth the statutory parameters for rulemaking by the Board. 415 ILCS 5/26-29 (2004). The Board may adopt a rule after hearing and determination of the economic reasonableness and technical feasibility of the rule. See 415 ILCS 5/27 (2004). The Board’s decision is based on the record before the Board including all testimony and comments filed with the Board. 35 Ill. Adm. Code 102.418.

The Board received no public comments during the second-notice period, and the proposal adopted here is substantively unchanged from that adopted in the Board’s January 5, 2006 second-notice opinion and order. In this opinion, the Board provides the background of this rulemaking, an overview of the proposed exemptions, and a discussion of the adopted amendments.

OVERVIEW OF THE PROPOSED AMENDMENTS FOR FINAL NOTICE

Today the Board adopts for final notice revisions to the Board’s regulations regarding exemptions from air construction and operating permit requirements. The amendments, proposed jointly by the Illinois Environmental Regulatory Group (IERG) and the Illinois Environmental Protection Agency (Agency), add four exemptions to the existing list of 59 permit exemptions in Section 201.146. 35 Ill. Adm. Code 201.146. The stated purpose of the amendments is to eliminate permitting delays for minor projects having little environmental or regulatory impact.

BACKGROUND

The proposal, filed on February 22, 2005, was a joint collaboration by the Agency and IERG. ¹ The Board accepted this matter for hearing on March 17, 2005. The Board notes that it is simultaneously adopting for final notice another proposal that amends Section 201.146, entitled Proposed Amendments to Exemptions from State Permitting Requirements for Plastic Injection Molding Operations (35 Ill. Adm. Code 201.146), R05-20 (Sept. 15, 2005).

The Board held two public hearings in this rulemaking before Hearing Officer Amy Antoniolli. The first hearing was held on April 12, 2005, in Chicago and the second hearing was held on June 14, 2005, in Springfield. ²

Mr. Don Sutton testified on behalf of the Agency. Mr. Sutton is the manager of the permit section, Division of Air Pollution Control, Bureau of Air, and has been since 1991. Mr. Sutton is responsible for issuing construction and operating permits for the Bureau of Air. Ms. Katherine Hodge, executive director of IERG, also testified on behalf of the proponents.

On June 1, 2005, the Agency filed an errata sheet making changes to the proposed rule language that reflected issues raised at the first hearing.

There have been two public comments filed in this rulemaking. The first was filed on behalf of the Chemical Industry Council of Illinois (CICI) (PC 1), and the second was a post-hearing comment filed by the proponents in support of the proposal (PC 2). During the first-notice public comment period, Joint Committee on Administrative Rules (JCAR) submitted technical corrections to be included in the Board’s second-notice proposal.

On January 24, 2006, the Board received notice that JCAR accepted the second notice in this rulemaking. JCAR considered the rule at the February 14, 2006 JCAR meeting, and subsequently issued a certification of no objection to the rule.

SUMMARY OF FIRST-NOTICE PROPOSAL

After the first hearing and before the second hearing, the Agency filed amendments to the proposed rule language. The amendments changed the term “collateral pollutant” in proposed subsection 201.146(hhh)(3) to “non-targeted criteria air pollutant.” This change clarified that any changes or additions in air control equipment under the (hhh) exemption must not produce an increase in emissions of any criteria pollutant that may occur as a result of an allowed release of a target pollutant. The amendments also added the terms “State or Federal” so that (hhh)(4) reads: “Different State or Federal regulatory requirements or newly proposed regulatory requirements will not apply to the unit to modify regulatory requirements that do not apply to the unit.” The amendments further added a Board note to (hhh)(4), stating: “All sources must comply with underlying Federal regulations and future State regulations.” At first notice, the Board adopted the proponents’ proposal, as amended.

DISCUSSION OF SECOND-NOTICE PROPOSAL AND ADOPTED AMENDMENTS

The Board received no public comments during first or second notice. At final adoption, the Board makes only changes received from JCAR, all of which are grammatical and non-substantive and, therefore, require no discussion.

The Board found at second notice that the proposed exemptions to Section 201.146 of the Board’s regulations will improve the Illinois air permitting system and do not threaten the public health or welfare. The proponents stated that the proposed exemptions would allow the Agency to dedicate its resources to “projects with greater emission and regulatory ramifications,” and allow eligible facilities to avoid the costly and time-consuming delays of the permitting process. Lastly, the proponents stated the environment would benefit from the speedier replacement or addition of improved air control equipment. Nobody testified or commented about DCEO’s decision not to perform an economic impact study on this rulemaking. As found at first and second notice, the Board finds here that the proposal is both technically feasible and economically reasonable.

Each of the exemptions is discussed in more detail below.

Back to top
Exemption for Equipment at Existing Emission Units


Under the first exemption, proposed subsection (hhh), owners or operators replacing or adding air pollution control equipment at existing units would be exempt from obtaining a state construction or operating permit if certain criteria are met. First, the exemption would only apply to existing units, and the existing unit must be permitted, in compliance, and have operated in compliance for the past year. Stat. of Reas. at 3.

The new pollution control equipment must maintain or improve air pollution control over the prior levels of target pollutants, and not result in a net increase in emissions of any non-target criteria pollutant. Stat. of Reas. at 4. This exemption would not apply if sources are required to comply with different State or Federal regulatory requirements. Finally, required monitoring equipment must be carried over to the replacement control device and must incorporate current technology. Id.

Back to top
Exemption for FESOP Sources With a Low Potential to Emit


According to the proponents, some Illinois sources have FESOPs limiting their potential to emit. Stat. of Reas. at 5. The proponents claim that there can be some projects at FESOP sources that do not fit under any of the existing listed exemptions under Section 201.146 and that are still insignificant from a permitting standpoint. Under this second exemption, proposed subsection (iii), the Agency and IERG propose a “de minimis” permitting exemption for minor projects at minor FESOP sources that meet certain criteria.

This exemption is limited to the installation of new emission units or modifications of existing emission units at FESOP sources where the potential to emit any regulated air pollutant absent air pollution equipment from the new or modified emission unit is less than 0.1 pound per hour or 0.44 tons per year. Stat. of Reas. at 5. Also, the proposal requires that raw materials and fuels that cause or contribute to emissions not contain any hazardous air pollutant equal to or greater than 0.01% by weight. Stat. of Reas. at 6. The proponents state that the exemption thresholds correspond to insignificant activity designations for CAAPP sources. Further, the proponents state this exemption is limited by the applicability of New Source Performance Standards (NSPS) and New Source Review (NSR), both permitting requirements under the Clean Air Act. Stat. of Reas. at 7. Further, the exemption would not apply if outstanding compliance or enforcement issues exist.

Back to top

Exemption for Minor Sources That Are Not CAAPPs or FESOPs

This exemption, proposed subsection (jjj), would only apply to permitted sources that are not major sources and do not have FESOPs. Stat. of Reas. at 8. The proponents state that this exemption, like in subsection (iii), would be limited to sources with the same low potential to emit any regulated air pollutant absent air pollution equipment from the new or modified unit. This exemption would also be available for minor sources that have a slightly greater potential to emit up to 0.5 pounds per hour, so long as the facility notifies the Agency of its intent to construct or install a new emissions unit or make a modification. Only after notification can the facility begin construction, installation, or modification. Stat. of Reas. at 9.

This exemption is also limited by the applicability of NSPS and NSR, both permitting requirements under the Clean Air Act. This provision, state the Agency and IERG, would require permitting if the additional emissions from the project could change the sources’s status with respect to its potential to emit. Further, the exemption would not apply if outstanding compliance or enforcement issues exist. Stat. of Reas. at 10.

Back to top
Insignificant Activities Exemption

The proposed subsection (kkk) creates a list of insignificant activities similar to the list of insignificant activities at CAAPP sources exempt from requiring a CAAPP permit modification found at Section 201.210. Like sources under Section 201.210 and 201.211, owners or operators must notify the Agency when insignificant activities are added. For example, the proponents state that under the proposed revisions, the insignificant activities exemptions for state permit modifications would match those existing exemptions from CAAPP permit modifications. Stat. of Reas. at 11. Notwithstanding this exemption, facilities must comply with otherwise applicable emission standards or other regulatory requirements.

Back to top
CONCLUSION

The Board adopts the proposed exemptions from state air permitting for final notice. The proposal adds four exemptions to the existing list of 59 permit exemptions in Section 201.146. 35 Ill. Adm. Code 201.146. The Board finds the proposal adopted today is economically reasonable and technically feasible. The Board adopts this proposal for final notice pursuant to the IAPA 95 ILCS 100/5-5 et seq. (2004).

ORDER

The Board directs the Clerk to cause the filing of the following rule with the Secretary of State for publication as an adopted rule in the Illinois Register:

TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS

PART 201
PERMITS AND GENERAL PROVISIONS

SUBPART A: DEFINITIONS

Section
201.101 Other Definitions
201.102 Definitions
201.103 Abbreviations and Units
201.104 Incorporations by Reference

SUBPART B: GENERAL PROVISIONS

Section
201.121 Existence of Permit No Defense
201.122 Proof of Emissions
201.123 Burden of Persuasion Regarding Exceptions
201.124 Annual Report
201.125 Severability
201.126 Repealer

SUBPART C: PROHIBITIONS

Section
201.141 Prohibition of Air Pollution
201.142 Construction Permit Required
201.143 Operating Permits for New Sources
201.144 Operating Permits for Existing Sources
201.146 Exemptions from State Permit Requirements
201.147 Former Permits

201.148 Operation Without Compliance Program and Project Completion Schedule

201.149 Operation During Malfunction, Breakdown or Startups
201.150 Circumvention
201.151 Design of Effluent Exhaust Systems

SUBPART D: PERMIT APPLICATIONS AND REVIEW PROCESS

Section

201.152
Contents of Application for Construction Permit
201.153
Incomplete Applications (Repealed)
201.154
Signatures (Repealed)
201.155
Standards for Issuance (Repealed)
201.156
Conditions
201.157
Contents of Application for Operating Permit
201.158
Incomplete Applications
201.159
Signatures
201.160
Standards for Issuance
201.161
Conditions
201.162
Duration
201.163
Joint Construction and Operating Permits
201.164
Design Criteria
201.165
Hearings
201.166
Revocation
201.167
Revisions to Permits
201.168
Appeals from Conditions
201.169
Special Provisions for Certain Operating Permits

201.170 Portable Emission Units

SUBPART E: SPECIAL PROVISIONS FOR OPERATING PERMITS FOR CERTAIN SMALLER SOURCES

Section

201.180
Applicability (Repealed)
201.181
Expiration and Renewal (Repealed)
201.187
Requirement for a Revised Permit (Repealed)

SUBPART F: CAAPP PERMITS

Section

201.207
Applicability
201.208
Supplemental Information
201.209
Emissions of Hazardous Air Pollutants
201.210
Categories of Insignificant Activities or Emission Levels
201.211
Application for Classification as an Insignificant Activity
201.212
Revisions to Lists of Insignificant Activities or Emission Levels


SUBPART G: EXPERIMENTAL PERMITS
(Reserved)

SUBPART H: COMPLIANCE PROGRAMS AND PROJECT COMPLETION SCHEDULES

Section

201.241
Contents of Compliance Program
201.242
Contents of Project Completion Schedule
201.243
Standards for Approval
201.244
Revisions
201.245
Effects of Approval
201.246
Records and Reports
201.247
Submission and Approval Dates

SUBPART I: MALFUNCTIONS, BREAKDOWNS OR STARTUPS

Section

201.261
Contents of Request for Permission to Operate During a Malfunction, Breakdown or Startup
201.262
Standards for Granting Permission to Operate During a Malfunction, Breakdown or Startup
201.263
Records and Reports
201.264
Continued Operation or Startup Prior to Granting of Operating Permit
201.265
Effect of Granting of Permission to Operate During a Malfunction, Breakdown or Startup

SUBPART J: MONITORING AND TESTING

Section

201.281
Permit Monitoring Equipment Requirements
201.282
Testing
201.283
Records and Reports

SUBPART K: RECORDS AND REPORTS

Section

201.301
Records
201.302
Reports

SUBPART L: CONTINUOUS MONITORING

Section

201.401
Continuous Monitoring Requirements
201.402
Alternative Monitoring
201.403
Exempt Sources
201.404
Monitoring System Malfunction
201.405
Excess Emission Reporting
201.406
Data Reduction
201.407
Retention of Information
201.408
Compliance Schedules

201.APPENDIX A
Rule into Section Table
201.APPENDIX B
Section into Rule Table
201.APPENDIX C
Past Compliance Dates

AUTHORITY: Implementing Sections 10, 39, and 39.5 and authorized by Section 27 of the Environmental Protection Act [415 ILCS 5/10, 27, 39, and 39.5].

SOURCE: Adopted as Chapter 2: Air Pollution, Part I: General Provisions, in R71-23, 4 PCB 191, filed and effective April 14, 1972; amended in R78-3 and 4, 35 PCB 75 and 243, at 3 Ill. Reg.30, p. 124, effective July 28, 1979; amended in R80-5, at 7 Ill. Reg. 1244, effective January 21, 1983; codified at 7 Ill. Reg. 13579; amended in R82-1 (Docket A) at 10 Ill. Reg. 12628, effective July 7, 1986; amended in R87-38 at 13 Ill. Reg. 2066, effective February 3, 1989; amended in R89-7(A) at 13 Ill. Reg. 19444, effective December 5, 1989; amended in R89-7(B) at 15 Ill. Reg. 17710, effective November 26, 1991; amended in R93-11 at 17 Ill. Reg. 21483, effective December 7, 1993; amended in R94-12 at 18 Ill. Reg. 15002, effective September 21, 1994; amended in R94-14 at 18 Ill. Reg. 15760, effective October 17, 1994; amended in R96-17 at 21 Ill. Reg. 7878, effective June 17, 1997; amended in R98-13 at 22 Ill. Reg. 11451, effective June 23, 1998; amended in R98-28 at 22 Ill. Reg. 11823, effective July 31, 1998; amended in R02-10 at 27 Ill. Reg. 5820, effective March 21, 2003; amended in R05-19 at 30 Ill. Reg. _________, effective _________________.

Back to top
SUBPART C: PROHIBITIONS

Section 201.146 Exemptions from State Permit Requirements

Construction or operating permits, pursuant to Sections 201.142, 201.143 and 201.144 of this Part, are not required for the classes of equipment and activities listed below in this Section. The permitting exemptions in this Section do not relieve the owner or operator of any source from any obligation to comply with any other applicable requirements, including the obligation to obtain a permit pursuant to Sections 9.1(d) and 39.5 of the Act, Sections 165, 173 and 502 of the Clean Air Act or any other applicable permit or registration requirements.


a)
Air contaminant detectors or recorders, combustion controllers or combustion shutoffs;

b)
Air conditioning or ventilating equipment not designed to remove air contaminants generated by or released from associated equipment;

c)
Each fuel burning emission unit for indirect systems and for heating and reheating furnace systems used exclusively for residential, or commercial establishments using gas and/or fuel oil exclusively with a design heat input capacity of less than 14.6 MW (50 mmbtu/hr), except that a permit shall be required for any such emission unit with a design heat input capacity of at least 10 mmbtu/hr that was constructed, reconstructed or modified after June 9, 1989 and that is subject to 40 CFR 60, Subpart D;

d)
Each fuel burning emission unit other than those listed in subsection (c) of this Section for direct systems used for comfort heating purposes and indirect heating systems with a design heat input capacity of less than 2930 kW (10 mmbtu/hr);

e) Internal combustion engines or boilers (including the fuel system) of motor vehicles, locomotives, air craft, watercraft, lifttrucks and other vehicles powered by nonroad engines;


f)
Bench scale laboratory equipment and laboratory equipment used exclusively for chemical and physical analysis, including associated laboratory fume hoods, vacuum producing devices and control devices installed primarily to address potential accidental releases;

g)
Coating operations located at a source using not in excess of 18,925 l (5,000 gal) of coating (including thinner) per year;

h)
Any emission unit acquired exclusively for domestic use, except that a permit shall be required for any incinerator and for any fuel combustion emission unit using solid fuel with a design heat input capacity of 14.6 MW (50 mmbtu/hr) or more;

i)
Any stationary internal combustion engine with a rated power output of less than 1118 kW (1500 horsepower), except that a permit shall be required for any stationary gas turbine engine with a rated heat input at peak load of 10.7 gigajoules/hr (10 mmbtu/hr) or more that is constructed, reconstructed or modified after October 3, 1977 and that is subject to requirements of 40 CFR 60, Subpart GG;

j)
Rest room facilities and associated cleanup operations, and stacks or vents used to prevent the escape of sewer gases through plumbing traps;

k)
Safety devices designed to protect life and limb, provided that a permit is not otherwise required for the emission unit with which the safety device is associated;

l)
Storage tanks for liquids for retail dispensing except for storage tanks that are subject to the requirements of 35 Ill. Adm. Code 215.583(a)(2), 218.583(a)(2) or 219.583(a)(2);

m)
Printing operations with aggregate organic solvent usage that never exceeds 2,839 l (750 gal) per year from all printing lines at the source, including organic solvent from inks, dilutents, fountain solutions and cleaning materials;

n)
Storage tanks of:

1)
Organic liquids with a capacity of less than 37,850 l (10,000 gal), provided the storage tank is not used to store any material listed as a hazardous air pollutant pursuant to Section 112(b) of the Clean Air Act, and provided the storage tank is not subject to the requirements of 35 Ill. Adm. Code 215.583(a)(2), 218.583(a)(2) or 219.583(a)(2);

2)
Any size containing exclusively soaps, detergents, surfactants, waxes, glycerin, vegetable oils, greases, animal fats, sweetener, corn syrup, aqueous salt solutions or aqueous caustic solutions, provided an organic solvent has not been mixed with such materials; or

3)
Any size containing virgin or re-refined distillate oil, hydrocarbon condensate from natural gas pipeline or storage systems, lubricating oil or residual fuel oils.

o)
Threaded pipe connections, vessel manways, flanges, valves, pump seals, pressure relief valves, pressure relief devices and pumps;

p)
Sampling connections used exclusively to withdraw materials for testing and analyses;

q)
All storage tanks of Illinois crude oil with capacity of less than 151,400 l (40,000 gal) located on oil field sites;

r)
All organic material-water single or multiple compartment effluent water separator facilities for Illinois crude oil of vapor pressure of less than 34.5 kPa absolute (5 psia);

s)
Grain-handling operations, exclusive of grain-drying operations, with an annual grain through-put not exceeding 300,000 bushels;

t)
Grain-drying operations with a total grain-drying capacity not exceeding 750 bushels per hour for 5% moisture extraction at manufacturer's rated capacity, using the American Society of Agricultural Engineers Standard 248.2, Section 9, Basis for Stating Drying Capacity of Batch and Continuous-Flow Grain Dryers;

u)
Portable grain-handling equipment and one-turn storage space;

v)
Cold cleaning degreasers that are not in-line cleaning machines, where the vapor pressure of the solvents used never exceeds 2 kPa (15 mmHg or 0.3 psi) measured at 38° C (100 ° F) or 0.7 kPa (5 mmHg or 0.1 psi) at 20 ° C (68 ° F);

w)
Coin-operated dry cleaning operations;

x)
Dry cleaning operations at a source that consume less than 30 gallons per month of perchloroethylene;

y)
Brazing, soldering, wave soldering or welding equipment, including associated ventilation hoods;

z)
Cafeterias, kitchens, and other similar facilities, including smokehouses, used for preparing food or beverages, but not including facilities used in the manufacturing and wholesale distribution of food, beverages, food or beverage products, or food or beverage components;

aa)
Equipment for carving, cutting, routing, turning, drilling, machining, sawing, surface grinding, sanding, planing, buffing, sand blast cleaning, shot blasting, shot peening, or polishing ceramic artwork, leather, metals (other than beryllium), plastics, concrete, rubber, paper stock, wood or wood products, where such equipment is either:

1)
Used for maintenance activity;

2)
Manually operated;

3)
Exhausted inside a building; or

4)
Vented externally with emissions controlled by an appropriately operated cyclonic inertial separator (cyclone), filter, electro-static precipitor or a scrubber.

bb)
Feed mills that produce no more than 10,000 tons of feed per calendar year, provided that a permit is not otherwise required for the source pursuant to Section 201.142, 201.143 or 201.144;

cc)
Extruders used for the extrusion of metals, minerals, plastics, rubber or wood, excluding:

1)
Extruders used in the manufacture of polymers;

2)
Extruders using foaming agents or release agents that contain volatile organic materials or Class I or II substances subject to the requirements of Title VI of the Clean Air Act; and

3)
Extruders processing scrap material that was produced using foaming agents containing volatile organic materials or Class I or II substances subject to the requirements of Title VI of the Clean Air Act.

dd)
Furnaces used for melting metals, other than beryllium, with a brim full capacity of less than 450 cubic inches by volume;

ee)
Equipment used for the melting or application of less than 22,767 kg/yr (50,000 lbs/yr) of wax to which no organic solvent has been added;

ff)
Equipment used for filling drums, pails or other packaging containers, excluding aerosol cans, with soaps, detergents, surfactants, lubricating oils, waxes, vegetable oils, greases, animal fats, glycerin, sweeteners, corn syrup, aqueous salt solutions or aqueous caustic solutions, provided an organic solvent has not been mixed with such materials;

gg)
Loading and unloading systems for railcars, tank trucks, or watercraft that handle only the following liquid materials: soaps, detergents, surfactants, lubricating oils, waxes, glycerin, vegetable oils, greases, animal fats, sweetener, corn syrup, aqueous salt solutions or aqueous caustic solutions, provided an organic solvent has not been mixed with such materials;

hh)
Equipment used for the mixing and blending of materials at ambient temperatures to make water based adhesives, provided each material mixed or blended contains less than 5% organic solvent by weight;

ii)
Die casting machines where a metal or plastic is formed under pressure in a die located at a source with a through-put of less than 2,000,000 lbs of metal or plastic per year, in the aggregate, from all die casting machines;

jj)
Air pollution control devices used exclusively with other equipment that is exempt from permitting, as provided in this Section;

kk)
An emission unit for which a registration system designed to identify sources and emission units subject to emission control requirements is in place, such as the registration system found at 35 Ill. Adm. Code 218.586 (Gasoline Dispensing Operations - Motor Vehicle Fueling Operations) and 35 Ill. Adm. Code 218, Subpart HH (Motor Vehicle Refinishing);

ll)
Photographic process equipment by which an image is reproduced upon material sensitized to radiant energy;

mm)
Equipment used for hydraulic or hydrostatic testing;

nn)
General vehicle maintenance and servicing activities conducted at a source, motor vehicle repair shops, and motor vehicle body shops, but not including:

1)
Gasoline fuel handling; and

2)
Motor vehicle refinishing.

oo)
Equipment using water, water and soap or detergent, or a suspension of abrasives in water for purposes of cleaning or finishing, provided no organic solvent has been added to the water;

pp)
Administrative activities including, but not limited to, paper shredding, copying, photographic activities and blueprinting machines. This does not include incinerators;

qq)
Laundry dryers, extractors, and tumblers processing that have been cleaned with water solutions of bleach or detergents that are:

1)
Located at a source and process clothing, bedding and other fabric items used at the source, provided that any organic solvent present in such items before processing that is retained from cleanup operations shall be addressed as part of the VOM emissions from use of cleaning materials;

2)
Located at a commercial laundry; or

3)
Coin operated.

rr)
Housekeeping activities for cleaning purposes, including collecting spilled and accumulated materials, including operation of fixed vacuum cleaning systems specifically for such purposes, but not including use of cleaning materials that contain organic solvent;

ss)
Refrigeration systems, including storage tanks used in refrigeration systems, but excluding any combustion equipment associated with such systems;

tt)
Activities associated with the construction, on-site repair, maintenance or dismantlement of buildings, utility lines, pipelines, wells, excavations, earthworks and other structures that do not constitute emission units;

uu)
Piping and storage systems for natural gas, propane and liquefied petroleum gas;

vv)
Water treatment or storage systems, as follows:

1)
Systems for potable water or boiler feedwater;

2)
Systems, including cooling towers, for process water, provided that such water has not been in direct or indirect contact with process streams that contain volatile organic material or materials listed as hazardous air pollutants pursuant to Section 112(b) of the Clean Air Act.

ww)
Lawn care, landscape maintenance and grounds keeping activities;

xx)
Containers, reservoirs or tanks used exclusively in dipping operations to coat objects with oils, waxes or greases, provided no organic solvent has been mixed with such materials;

yy)
Use of consumer products, including hazardous substances as that term is defined in the Federal Hazardous Substances Act (15 USC ~~U.S.C~~. 1261 et seq.), where the product is used at a source in the same manner as normal consumer use;

zz)
Activities directly used in the diagnosis and treatment of disease, injury or other medical condition;

aaa)
Activities associated with the construction, repair or maintenance of roads or other paved or open areas, including operation of street sweepers, vacuum trucks, spray trucks and other vehicles related to the control of fugitive emissions of such roads or other areas;

bbb)
Storage and handling of drums or other transportable containers, where the containers are sealed during storage and handling;

ccc)
Activities at a source associated with the maintenance, repair or dismantlement of an emission unit or other equipment installed at the source, not including the shutdown of the unit or equipment, including preparation for maintenance, repair or dismantlement, and preparation for subsequent startup, including preparation of a shutdown vessel for entry, replacement of insulation, welding and cutting, and steam purging of a vessel prior to startup;

ddd)
Equipment used for corona arc discharge surface treatment of plastic with a power rating of 5 kW or less or equipped with an ozone destruction device;

eee)
Equipment used to seal or cut plastic bags for commercial, industrial or domestic use;

fff)
Each direct-fired gas dryer used for a washing, cleaning, coating or printing line, excluding:

1)
Dryers with a rated heat input capacity of 2930 kW (10 mmbtu/hr) or more; and

2) Dryers for which emissions other than those attributable to combustion of fuel in the dryer, including emissions attributable to use or application of cleaning agents, washing materials, coatings or inks or other process materials that contain volatile organic material are not addressed as part of the permitting of such line, if a permit is otherwise required for the line; ~~and~~

ggg)
Municipal solid waste landfills with a maximum total design capacity of less than 2.5 million Mg or 2.5 million m³ that are not required to install a gas collection and control system pursuant to 35 Ill. Adm. Code 220 or 800 through 849 or Section 9.1 of the Act; and.

hhh) Replacement or addition of air pollution control equipment for existing emission units in circumstances where:


1) The existing emission unit is permitted and has operated in compliance for the past year;

2) The new control equipment will provide equal or better control of the target pollutants;

3) The new control device will not be accompanied by a net increase in emissions of any non-targeted criteria air pollutant;

4) Different State or federal regulatory requirements or newly proposed regulatory requirements will not apply to the unit; and

BOARD NOTE: All sources must comply with underlying federal regulations and future State regulations.

5) Where the existing air pollution control equipment had required monitoring equipment, the new air pollution control equipment will be equipped with the instrumentation and monitoring devices that are typically installed on the new equipment of that type.
BOARD NOTE: For major sources subject to Section 39.5 of the Act, where the new air pollution control equipment will require a different compliance determination method in the facility’s CAAPP permit, the facility may need a permit modification to address the changed compliance determination method.

iii) Replacement, addition, or modification of emission units at facilities with federally enforceable State operating permits limiting their potential to emit in circumstances where:


1) The potential to emit any regulated air pollutant in the absence of air pollution control equipment from the new emission unit, or the increase in the potential to emit resulting from the modification of any existing emission unit, is less than 0.1 pound per hour or 0.44 tons per year;

2) The raw materials and fuels used or present in the emission unit that cause or contribute to emissions, based on the information contained in Material Safety Data Sheets for those materials, do not contain equal to or greater than 0.01 percent by weight of any hazardous air pollutant as defined under Section 112(b) of the federal Clean Air Act;

3) The emission unit or modification is not subject to an emission standard or other regulatory requirement pursuant to Section 111 of the federal Clean Air Act;

4) Potential emissions of regulated air pollutants from the emission unit or modification will not, in combination with emissions from existing units or other proposed units, trigger permitting requirements under Section 39.5, permitting requirements under Section 165 or 173 of the federal Clean Air Act, or the requirement to obtain a revised federally enforceable State operating permit limiting the source’s potential to emit; and

5) The source is not currently the subject of a Non-compliance Advisory, Clean Air Act Section 114 Request, Violation Notice, Notice of Violation, Compliance Commitment Agreement, Administrative Order, or civil or criminal enforcement action, related to the air emissions of the source.

jjj) Replacement, addition, or modification of emission units at permitted sources that are not major sources subject to Section 39.5 and that do not have a federally enforceable state operating permit limiting their potential to emit, in circumstances where:

1) The potential to emit of any regulated air pollutant in the absence of air pollution control equipment from the new emission unit, or the increase in the potential to emit resulting from the modification of any existing emission unit is either:

A) Less than 0.1 pound per hour or 0.44 tons per year; or

B) Less than 0.5 pound per hour, and the permittee provides prior notification to the Agency of the intent to construct or install the unit. The unit may be constructed, installed or modified immediately after the notification is filed;


2) The emission unit or modification is not subject to an emission standard or other regulatory requirement under Section 111 or 112 of the federal Clean Air Act;

3) Potential emissions of regulated air pollutants from the emission unit or modification will not, in combination with the emissions from existing units or other proposed units, trigger permitting requirements under Section 39.5 or the requirement to obtain a federally enforceable permit limiting the source’s potential to emit; and

4) The source is not currently the subject of a Non-compliance Advisory, Clean Air Act Section 114 Request, Violation Notice, Notice of Violation, Compliance Commitment Agreement, Administrative Order, or civil or criminal enforcement action, related to the air emissions of the source.

kkk) The owner or operator of a CAAPP source is not required to obtain an air pollution control construction permit for the construction or modification of an emission unit or activity that is an insignificant activity as addressed by Section 201.210 or 201.211 of this Part. Section 201.212 of this Part must still be followed, as applicable. Other than excusing the owner or operator of a CAAPP source from the requirement to obtain an air pollution control construction permit for the emission units or activities, nothing in this subsection shall alter or affect the liability of the CAAPP source for compliance with emission standards and other requirements that apply to the emission units or activities, either individually or in conjunction with other emission units or activities constructed, modified or located at the source.

(Source: Amended at 30 Ill. Reg. _________, effective ____________)

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board adopted the above opinion and order on March 2, 2006, by a vote of 4-0.

Dorothy M. Gunn, Clerk
Illinois Pollution Control Board

Back to top

	The Board found at second notice that the proposed exemptions to Section 201.146 of the Board’s regulations will improve the Illinois air permitting system and do not threaten the public health or welfare. The proponents stated that the proposed exemptions would allow the Agency to dedicate its resources to “projects with greater emission and regulatory ramifications,” and allow eligible facilities to avoid the costly and time-consuming delays of the permitting process. Lastly, the proponents stated the environment would benefit from the speedier replacement or addition of improved air control equipment. Nobody testified or commented about DCEO’s decision not to perform an economic impact study on this rulemaking. As found at first and second notice, the Board finds here that the proposal is both technically feasible and economically reasonable.

	Each of the exemptions is discussed in more detail below.

	Under the first exemption, proposed subsection (hhh), owners or operators replacing or adding air pollution control equipment at existing units would be exempt from obtaining a state construction or operating permit if certain criteria are met. First, the exemption would only apply to existing units, and the existing unit must be permitted, in compliance, and have operated in compliance for the past year. Stat. of Reas. at 3.

	The new pollution control equipment must maintain or improve air pollution control over the prior levels of target pollutants, and not result in a net increase in emissions of any non-target criteria pollutant. Stat. of Reas. at 4. This exemption would not apply if sources are required to comply with different State or Federal regulatory requirements. Finally, required monitoring equipment must be carried over to the replacement control device and must incorporate current technology. Id.

	According to the proponents, some Illinois sources have FESOPs limiting their potential to emit. Stat. of Reas. at 5. The proponents claim that there can be some projects at FESOP sources that do not fit under any of the existing listed exemptions under Section 201.146 and that are still insignificant from a permitting standpoint. Under this second exemption, proposed subsection (iii), the Agency and IERG propose a “de minimis” permitting exemption for minor projects at minor FESOP sources that meet certain criteria.

	This exemption is limited to the installation of new emission units or modifications of existing emission units at FESOP sources where the potential to emit any regulated air pollutant absent air pollution equipment from the new or modified emission unit is less than 0.1 pound per hour or 0.44 tons per year. Stat. of Reas. at 5. Also, the proposal requires that raw materials and fuels that cause or contribute to emissions not contain any hazardous air pollutant equal to or greater than 0.01% by weight. Stat. of Reas. at 6. The proponents state that the exemption thresholds correspond to insignificant activity designations for CAAPP sources. Further, the proponents state this exemption is limited by the applicability of New Source Performance Standards (NSPS) and New Source Review (NSR), both permitting requirements under the Clean Air Act. Stat. of Reas. at 7. Further, the exemption would not apply if outstanding compliance or enforcement issues exist.

Exemption for Minor Sources That Are Not CAAPPs or FESOPs

	This exemption, proposed subsection (jjj), would only apply to permitted sources that are not major sources and do not have FESOPs. Stat. of Reas. at 8. The proponents state that this exemption, like in subsection (iii), would be limited to sources with the same low potential to emit any regulated air pollutant absent air pollution equipment from the new or modified unit. This exemption would also be available for minor sources that have a slightly greater potential to emit up to 0.5 pounds per hour, so long as the facility notifies the Agency of its intent to construct or install a new emissions unit or make a modification. Only after notification can the facility begin construction, installation, or modification. Stat. of Reas. at 9.

	This exemption is also limited by the applicability of NSPS and NSR, both permitting requirements under the Clean Air Act. This provision, state the Agency and IERG, would require permitting if the additional emissions from the project could change the sources’s status with respect to its potential to emit. Further, the exemption would not apply if outstanding compliance or enforcement issues exist. Stat. of Reas. at 10.

	The proposed subsection (kkk) creates a list of insignificant activities similar to the list of insignificant activities at CAAPP sources exempt from requiring a CAAPP permit modification found at Section 201.210. Like sources under Section 201.210 and 201.211, owners or operators must notify the Agency when insignificant activities are added. For example, the proponents state that under the proposed revisions, the insignificant activities exemptions for state permit modifications would match those existing exemptions from CAAPP permit modifications. Stat. of Reas. at 11. Notwithstanding this exemption, facilities must comply with otherwise applicable emission standards or other regulatory requirements.

201.152
Contents of Application for Construction Permit
201.153
Incomplete Applications (Repealed)
201.154
Signatures (Repealed)
201.155
Standards for Issuance (Repealed)
201.156
Conditions
201.157
Contents of Application for Operating Permit
201.158
Incomplete Applications
201.159
Signatures
201.160
Standards for Issuance
201.161
Conditions
201.162
Duration
201.163
Joint Construction and Operating Permits
201.164
Design Criteria
201.165
Hearings
201.166
Revocation
201.167
Revisions to Permits
201.168
Appeals from Conditions
201.169
Special Provisions for Certain Operating Permits

	SUBPART E: SPECIAL PROVISIONS FOR OPERATING PERMITS FOR CERTAIN SMALLER SOURCES

201.180
Applicability (Repealed)
201.181
Expiration and Renewal (Repealed)
201.187
Requirement for a Revised Permit (Repealed)

201.207
Applicability
201.208
Supplemental Information
201.209
Emissions of Hazardous Air Pollutants
201.210
Categories of Insignificant Activities or Emission Levels
201.211
Application for Classification as an Insignificant Activity
201.212
Revisions to Lists of Insignificant Activities or Emission Levels

SUBPART G: EXPERIMENTAL PERMITS
	(Reserved)

	SUBPART H: COMPLIANCE PROGRAMS AND PROJECT COMPLETION SCHEDULES

201.241
Contents of Compliance Program
201.242
Contents of Project Completion Schedule
201.243
Standards for Approval
201.244
Revisions
201.245
Effects of Approval
201.246
Records and Reports
201.247
Submission and Approval Dates

201.261
Contents of Request for Permission to Operate During a Malfunction, Breakdown or Startup
201.262
Standards for Granting Permission to Operate During a Malfunction, Breakdown or Startup
201.263
Records and Reports
201.264
Continued Operation or Startup Prior to Granting of Operating Permit
201.265
Effect of Granting of Permission to Operate During a Malfunction, Breakdown or Startup

201.281
Permit Monitoring Equipment Requirements
201.282
Testing
201.283
Records and Reports

201.401
Continuous Monitoring Requirements
201.402
Alternative Monitoring
201.403
Exempt Sources
201.404
Monitoring System Malfunction
201.405
Excess Emission Reporting
201.406
Data Reduction
201.407
Retention of Information
201.408
Compliance Schedules

201.APPENDIX A
Rule into Section Table
201.APPENDIX B
Section into Rule Table
201.APPENDIX C
Past Compliance Dates

a)
Air contaminant detectors or recorders, combustion controllers or combustion shutoffs;

b)
Air conditioning or ventilating equipment not designed to remove air contaminants generated by or released from associated equipment;

c)
Each fuel burning emission unit for indirect systems and for heating and reheating furnace systems used exclusively for residential, or commercial establishments using gas and/or fuel oil exclusively with a design heat input capacity of less than 14.6 MW (50 mmbtu/hr), except that a permit shall be required for any such emission unit with a design heat input capacity of at least 10 mmbtu/hr that was constructed, reconstructed or modified after June 9, 1989 and that is subject to 40 CFR 60, Subpart D;

d)
Each fuel burning emission unit other than those listed in subsection (c) of this Section for direct systems used for comfort heating purposes and indirect heating systems with a design heat input capacity of less than 2930 kW (10 mmbtu/hr);

e)	Internal combustion engines or boilers (including the fuel system) of motor vehicles, locomotives, air craft, watercraft, lifttrucks and other vehicles powered by nonroad engines;

f)
Bench scale laboratory equipment and laboratory equipment used exclusively for chemical and physical analysis, including associated laboratory fume hoods, vacuum producing devices and control devices installed primarily to address potential accidental releases;

g)
Coating operations located at a source using not in excess of 18,925 l (5,000 gal) of coating (including thinner) per year;

h)
Any emission unit acquired exclusively for domestic use, except that a permit shall be required for any incinerator and for any fuel combustion emission unit using solid fuel with a design heat input capacity of 14.6 MW (50 mmbtu/hr) or more;

i)
Any stationary internal combustion engine with a rated power output of less than 1118 kW (1500 horsepower), except that a permit shall be required for any stationary gas turbine engine with a rated heat input at peak load of 10.7 gigajoules/hr (10 mmbtu/hr) or more that is constructed, reconstructed or modified after October 3, 1977 and that is subject to requirements of 40 CFR 60, Subpart GG;

j)
Rest room facilities and associated cleanup operations, and stacks or vents used to prevent the escape of sewer gases through plumbing traps;

k)
Safety devices designed to protect life and limb, provided that a permit is not otherwise required for the emission unit with which the safety device is associated;

l)
Storage tanks for liquids for retail dispensing except for storage tanks that are subject to the requirements of 35 Ill. Adm. Code 215.583(a)(2), 218.583(a)(2) or 219.583(a)(2);

m)
Printing operations with aggregate organic solvent usage that never exceeds 2,839 l (750 gal) per year from all printing lines at the source, including organic solvent from inks, dilutents, fountain solutions and cleaning materials;

n)
Storage tanks of:

1)
Organic liquids with a capacity of less than 37,850 l (10,000 gal), provided the storage tank is not used to store any material listed as a hazardous air pollutant pursuant to Section 112(b) of the Clean Air Act, and provided the storage tank is not subject to the requirements of 35 Ill. Adm. Code 215.583(a)(2), 218.583(a)(2) or 219.583(a)(2);

2)
Any size containing exclusively soaps, detergents, surfactants, waxes, glycerin, vegetable oils, greases, animal fats, sweetener, corn syrup, aqueous salt solutions or aqueous caustic solutions, provided an organic solvent has not been mixed with such materials; or

3)
Any size containing virgin or re-refined distillate oil, hydrocarbon condensate from natural gas pipeline or storage systems, lubricating oil or residual fuel oils.

o)
Threaded pipe connections, vessel manways, flanges, valves, pump seals, pressure relief valves, pressure relief devices and pumps;

p)
Sampling connections used exclusively to withdraw materials for testing and analyses;

q)
All storage tanks of Illinois crude oil with capacity of less than 151,400 l (40,000 gal) located on oil field sites;

r)
All organic material-water single or multiple compartment effluent water separator facilities for Illinois crude oil of vapor pressure of less than 34.5 kPa absolute (5 psia);

s)
Grain-handling operations, exclusive of grain-drying operations, with an annual grain through-put not exceeding 300,000 bushels;

t)
Grain-drying operations with a total grain-drying capacity not exceeding 750 bushels per hour for 5% moisture extraction at manufacturer's rated capacity, using the American Society of Agricultural Engineers Standard 248.2, Section 9, Basis for Stating Drying Capacity of Batch and Continuous-Flow Grain Dryers;

u)
Portable grain-handling equipment and one-turn storage space;

v)
Cold cleaning degreasers that are not in-line cleaning machines, where the vapor pressure of the solvents used never exceeds 2 kPa (15 mmHg or 0.3 psi) measured at 38° C (100 ° F) or 0.7 kPa (5 mmHg or 0.1 psi) at 20 ° C (68 ° F);

w)
Coin-operated dry cleaning operations;

x)
Dry cleaning operations at a source that consume less than 30 gallons per month of perchloroethylene;

y)
Brazing, soldering, wave soldering or welding equipment, including associated ventilation hoods;

z)
Cafeterias, kitchens, and other similar facilities, including smokehouses, used for preparing food or beverages, but not including facilities used in the manufacturing and wholesale distribution of food, beverages, food or beverage products, or food or beverage components;

aa)
Equipment for carving, cutting, routing, turning, drilling, machining, sawing, surface grinding, sanding, planing, buffing, sand blast cleaning, shot blasting, shot peening, or polishing ceramic artwork, leather, metals (other than beryllium), plastics, concrete, rubber, paper stock, wood or wood products, where such equipment is either:

1)
Used for maintenance activity;

2)
Manually operated;

3)
Exhausted inside a building; or

4)
Vented externally with emissions controlled by an appropriately operated cyclonic inertial separator (cyclone), filter, electro-static precipitor or a scrubber.

bb)
Feed mills that produce no more than 10,000 tons of feed per calendar year, provided that a permit is not otherwise required for the source pursuant to Section 201.142, 201.143 or 201.144;

cc)
Extruders used for the extrusion of metals, minerals, plastics, rubber or wood, excluding:

1)
Extruders used in the manufacture of polymers;

2)
Extruders using foaming agents or release agents that contain volatile organic materials or Class I or II substances subject to the requirements of Title VI of the Clean Air Act; and

3)
Extruders processing scrap material that was produced using foaming agents containing volatile organic materials or Class I or II substances subject to the requirements of Title VI of the Clean Air Act.

dd)
Furnaces used for melting metals, other than beryllium, with a brim full capacity of less than 450 cubic inches by volume;

ee)
Equipment used for the melting or application of less than 22,767 kg/yr (50,000 lbs/yr) of wax to which no organic solvent has been added;

ff)
Equipment used for filling drums, pails or other packaging containers, excluding aerosol cans, with soaps, detergents, surfactants, lubricating oils, waxes, vegetable oils, greases, animal fats, glycerin, sweeteners, corn syrup, aqueous salt solutions or aqueous caustic solutions, provided an organic solvent has not been mixed with such materials;

gg)
Loading and unloading systems for railcars, tank trucks, or watercraft that handle only the following liquid materials: soaps, detergents, surfactants, lubricating oils, waxes, glycerin, vegetable oils, greases, animal fats, sweetener, corn syrup, aqueous salt solutions or aqueous caustic solutions, provided an organic solvent has not been mixed with such materials;

hh)
Equipment used for the mixing and blending of materials at ambient temperatures to make water based adhesives, provided each material mixed or blended contains less than 5% organic solvent by weight;

ii)
Die casting machines where a metal or plastic is formed under pressure in a die located at a source with a through-put of less than 2,000,000 lbs of metal or plastic per year, in the aggregate, from all die casting machines;

jj)
Air pollution control devices used exclusively with other equipment that is exempt from permitting, as provided in this Section;

kk)
An emission unit for which a registration system designed to identify sources and emission units subject to emission control requirements is in place, such as the registration system found at 35 Ill. Adm. Code 218.586 (Gasoline Dispensing Operations - Motor Vehicle Fueling Operations) and 35 Ill. Adm. Code 218, Subpart HH (Motor Vehicle Refinishing);

ll)
Photographic process equipment by which an image is reproduced upon material sensitized to radiant energy;

mm)
Equipment used for hydraulic or hydrostatic testing;

nn)
General vehicle maintenance and servicing activities conducted at a source, motor vehicle repair shops, and motor vehicle body shops, but not including:

1)
Gasoline fuel handling; and

2)
Motor vehicle refinishing.

oo)
Equipment using water, water and soap or detergent, or a suspension of abrasives in water for purposes of cleaning or finishing, provided no organic solvent has been added to the water;

pp)
Administrative activities including, but not limited to, paper shredding, copying, photographic activities and blueprinting machines. This does not include incinerators;

qq)
Laundry dryers, extractors, and tumblers processing that have been cleaned with water solutions of bleach or detergents that are:

1)
Located at a source and process clothing, bedding and other fabric items used at the source, provided that any organic solvent present in such items before processing that is retained from cleanup operations shall be addressed as part of the VOM emissions from use of cleaning materials;

2)
Located at a commercial laundry; or

3)
Coin operated.

rr)
Housekeeping activities for cleaning purposes, including collecting spilled and accumulated materials, including operation of fixed vacuum cleaning systems specifically for such purposes, but not including use of cleaning materials that contain organic solvent;

ss)
Refrigeration systems, including storage tanks used in refrigeration systems, but excluding any combustion equipment associated with such systems;

tt)
Activities associated with the construction, on-site repair, maintenance or dismantlement of buildings, utility lines, pipelines, wells, excavations, earthworks and other structures that do not constitute emission units;

uu)
Piping and storage systems for natural gas, propane and liquefied petroleum gas;

vv)
Water treatment or storage systems, as follows:

1)
Systems for potable water or boiler feedwater;


2)
Systems, including cooling towers, for process water, provided that such water has not been in direct or indirect contact with process streams that contain volatile organic material or materials listed as hazardous air pollutants pursuant to Section 112(b) of the Clean Air Act.

ww)
Lawn care, landscape maintenance and grounds keeping activities;

xx)
Containers, reservoirs or tanks used exclusively in dipping operations to coat objects with oils, waxes or greases, provided no organic solvent has been mixed with such materials;

yy)
Use of consumer products, including hazardous substances as that term is defined in the Federal Hazardous Substances Act (15 USC ~~U.S.C~~. 1261 et seq.), where the product is used at a source in the same manner as normal consumer use;

zz)
Activities directly used in the diagnosis and treatment of disease, injury or other medical condition;

aaa)
Activities associated with the construction, repair or maintenance of roads or other paved or open areas, including operation of street sweepers, vacuum trucks, spray trucks and other vehicles related to the control of fugitive emissions of such roads or other areas;

bbb)
Storage and handling of drums or other transportable containers, where the containers are sealed during storage and handling;

ccc)
Activities at a source associated with the maintenance, repair or dismantlement of an emission unit or other equipment installed at the source, not including the shutdown of the unit or equipment, including preparation for maintenance, repair or dismantlement, and preparation for subsequent startup, including preparation of a shutdown vessel for entry, replacement of insulation, welding and cutting, and steam purging of a vessel prior to startup;

ddd)
Equipment used for corona arc discharge surface treatment of plastic with a power rating of 5 kW or less or equipped with an ozone destruction device;

eee)
Equipment used to seal or cut plastic bags for commercial, industrial or domestic use;

fff)
Each direct-fired gas dryer used for a washing, cleaning, coating or printing line, excluding:

1)
Dryers with a rated heat input capacity of 2930 kW (10 mmbtu/hr) or more; and

2)	Dryers for which emissions other than those attributable to combustion of fuel in the dryer, including emissions attributable to use or application of cleaning agents, washing materials, coatings or inks or other process materials that contain volatile organic material are not addressed as part of the permitting of such line, if a permit is otherwise required for the line; ~~and~~

ggg)
Municipal solid waste landfills with a maximum total design capacity of less than 2.5 million Mg or 2.5 million m³ that are not required to install a gas collection and control system pursuant to 35 Ill. Adm. Code 220 or 800 through 849 or Section 9.1 of the Act; and.

hhh)	Replacement or addition of air pollution control equipment for existing emission units in circumstances where:

1)	The existing emission unit is permitted and has operated in compliance for the past year;

2)	The new control equipment will provide equal or better control of the target pollutants;

3)	The new control device will not be accompanied by a net increase in emissions of any non-targeted criteria air pollutant;

5)	Where the existing air pollution control equipment had required monitoring equipment, the new air pollution control equipment will be equipped with the instrumentation and monitoring devices that are typically installed on the new equipment of that type.
BOARD NOTE: For major sources subject to Section 39.5 of the Act, where the new air pollution control equipment will require a different compliance determination method in the facility’s CAAPP permit, the facility may need a permit modification to address the changed compliance determination method.

iii)	Replacement, addition, or modification of emission units at facilities with federally enforceable State operating permits limiting their potential to emit in circumstances where:

1)	The potential to emit any regulated air pollutant in the absence of air pollution control equipment from the new emission unit, or the increase in the potential to emit resulting from the modification of any existing emission unit, is less than 0.1 pound per hour or 0.44 tons per year;

2)	The raw materials and fuels used or present in the emission unit that cause or contribute to emissions, based on the information contained in Material Safety Data Sheets for those materials, do not contain equal to or greater than 0.01 percent by weight of any hazardous air pollutant as defined under Section 112(b) of the federal Clean Air Act;

3)	The emission unit or modification is not subject to an emission standard or other regulatory requirement pursuant to Section 111 of the federal Clean Air Act;

4)	Potential emissions of regulated air pollutants from the emission unit or modification will not, in combination with emissions from existing units or other proposed units, trigger permitting requirements under Section 39.5, permitting requirements under Section 165 or 173 of the federal Clean Air Act, or the requirement to obtain a revised federally enforceable State operating permit limiting the source’s potential to emit; and

5)	The source is not currently the subject of a Non-compliance Advisory, Clean Air Act Section 114 Request, Violation Notice, Notice of Violation, Compliance Commitment Agreement, Administrative Order, or civil or criminal enforcement action, related to the air emissions of the source.

jjj)	Replacement, addition, or modification of emission units at permitted sources that are not major sources subject to Section 39.5 and that do not have a federally enforceable state operating permit limiting their potential to emit, in circumstances where:

1)	The potential to emit of any regulated air pollutant in the absence of air pollution control equipment from the new emission unit, or the increase in the potential to emit resulting from the modification of any existing emission unit is either:

B)	Less than 0.5 pound per hour, and the permittee provides prior notification to the Agency of the intent to construct or install the unit. The unit may be constructed, installed or modified immediately after the notification is filed;