ILLINOIS POLLUTION CONTROL BOARD
March 20, 1980
IN THE MATTER OF
:
)
STANDARDS OF PERFORMANCE FOR
)
R80-4
NEW STATIONARY SOURCES
)
RESOLUTION AND ORDER OF THE BOARD (by Mr . Dumelle)
:
On December 16, 1975 the United States Environmental
Protection Agency (USEPA) promulgated amendments to the
general provisions of 40 C .F .R. Part 60, Subpart A (40 FR
58416) . These amendments were intended to clarify the
definition of "modification" and expand the definition of
"stationary source" in Section 111(a) of the Clean Air Act
.
Based on these interpretive definitions, 40 C .F .R. §60
.
14(d) allowed an existing facility to undergo a physical or
operational change but not be considered modified if emission
increases associated with the physical or operational change
were offset by emission decreases of the same pollutant from
other affected and existing facilities at the same stationary
source. This is referred to as the "bubble concept ."
On January 27, 1978 the United States Court of Appeals
for the District of Columbia Circuit rejected the bubble
concept as a means of determining if a modification to an
existing facility had occurred for the purpose of applying
standards of performance under Section 111 of the Clean
Air Act (ASARCO v. USEPA,
578 F. 2d. 319) . On January 23,
1980 USEPA responded by deleting those portions of 40 C .F .R
.
§60.14 which implement the bubble concept and deleting the
definition of "stationary source" in 40 C .F.R. §60 .2. USEPA
stated that henceforth for the purpose of interpreting the
regulations in 40 C .F .R. 60, the term "stationary source"
shall have the same meaning as it is defined in Section 111
(a)(3) of the Clean Air Act. In addition the definition of
"capital expenditure" in 40 C .F .R. §60.2 was amended to
provide a qualification that when computing the total
expenditure for a physical or operational change to an
existing facility, that expenditure must not be reduced
by any "excluded additions" as defined by IRS Publication
534 for federal tax purposes . Finally the reference to
Section 119(d)(5) of the Clean Air Act in 40 C .F .R. §60 .14
(e) was changed to refer to Section 111(a)(8) to reflect
changes in the 1977 Clean Air Act Amendments . (45 F .R
.
5616, January 23, 1980)
.
ORDER
Pursuant to the mandatory provisions of Section 9 .1 (c)
of the Environmental Protection Act, the Board hereby adopts
the above referenced amendments to Title 40, Part 60, Subpart A
of the Code of Federal Regulations
.
IT
IS SO ORDERED .
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify the above Reso ution and Order
were adopted on the
QC"
day of
vAk
_ 1980
by a vote of
A/.0
I
Christan L . Mo f_7,-'e Clerk
Illinois Pollution ontrol Board
