IN THE MATTER OF:

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.

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.

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.

The proponents’ statement of reasons will be cited to as “Stat. of Reas. at _.”

The transcripts from the April 12, 2005 hearing will be cited to as “Tr.1 at _,” and the transcript

from the June 14, 2005 hearing will be cited to as “Tr.2 at _.”

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.

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.

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.

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.

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.

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 _________________.

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 m

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