BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
)
)
R06-
AMENDMENTS TO 35 ILL. ADM. CODE 201,
)
(Rulemaking – Air)
PERMITS AND GENERAL PROVISIONS
)
NOTICE
TO: Dorothy Gunn, Clerk
Matthew Dunn, Chief
Illinois Pollution Control Board
Division of Environmental Enforcement
James R. Thompson Center
Office of the Attorney General
100 West Randolph, Suite 11-500
188 West Randolph St., 20
th
Floor
Chicago, Illinois 60601-3218
Chicago, IL 60601
Virginia Yang
Deputy Legal Counsel
Illinois Department of Natural Resources
One Natural Resources Way
Springfield, IL 62702
PLEASE TAKE NOTICE that I have today filed with the Office of the Pollution Control
Board the REGULATORY PROPOSAL entitled “AMENDMENTS TO 35 ILL. ADM. CODE
201, PERMITS AND GENERAL PROVISIONS”, MOTION FOR SPECIAL MEETING AND
EXPEDITED REVIEW and APPEARANCE of the Illinois Environmental Protection Agency a
copy of which is herewith served upon you.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
By: ______________________
Gina Roccaforte
Assistant Counsel
Division of Legal Counsel
DATED: June 20, 2006
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
THIS FILING IS SUBMITTED
(217) 782-5544
ON RECYCLED PAPER
(217) 782-9143 (TDD)
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 20, 2006
* * * * * R2006-027 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
)
)
R06-
AMENDMENTS TO 35 ILL. ADM. CODE 201,
)
(Rulemaking – Air)
PERMITS AND GENERAL PROVISIONS
)
TABLE OF CONTENTS OF REGULATORY SUBMITTAL
1.
Notice of Filing Proposal
2.
Appearance of Gina Roccaforte, Assistant Counsel for the Illinois Environmental
Protection Agency
3.
Statement of Submittal by Director Douglas P. Scott
4.
Motion for Special Meeting and Expedited Review
5.
Statement of Reasons
6.
Certification of Origination
7.
Proposed Amendments to 35 Ill. Adm. Code 201, Permits and General Provisions
8.
Certificate of Service
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 20, 2006
* * * * * R2006-027 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
)
)
R06-
AMENDMENTS TO 35 ILL. ADM. CODE 201,
)
(Rulemaking – Air)
PERMITS AND GENERAL PROVISIONS
)
MOTION FOR SPECIAL MEETING AND EXPEDITED REVIEW
NOW COMES Proponent, the Illinois Environmental Protection Agency (Illinois EPA),
by one of its attorneys, and pursuant to 35 Ill. Adm. Code 101.500 and 101.512, respectfully
submits this Motion for Special Meeting and Expedited Review (Motion). In support of its
Motion, the Illinois EPA states as follows:
1.
The Illinois EPA issues construction permits under the Prevention of Significant
Deterioration (PSD) program pursuant to 40 CFR § 52.21 under a delegation agreement with the
United States Environmental Protection Agency (USEPA).
2.
As a result of the delegated program, an appeal of a PSD permit issued in Illinois
is subject to the procedural requirements of the federal regulations at 40 CFR Part 124, which
provide that final permits decisions are automatically stayed for 30 days after issuance. In a
number of other states, USEPA has approved state programs that do not provide for an automatic
30-day stay.
3.
Increasingly, there is interstate competition for economic development and
Illinois is at a disadvantage in competing for these new projects because of the automatic stay
disparity between its PSD delegated program and surrounding states' PSD approved programs.
The proposed rulemaking will serve to eliminate the automatic 30-day stay, thereby "leveling
the playing field" in Illinois while not causing any adverse impact to the environment. This is
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 20, 2006
* * * * * R2006-027 * * * * *
2
the sole purpose of this regulatory proposal; this proposal does not otherwise alter nor affect 40
CFR § 52.21 or 40 CFR Part 124.
This rule, if adopted, will be subject to approval by USEPA, and cannot be relied upon
for PSD permits until USEPA has approved it as part of Illinois' State Implementation Plan.
4.
For the reason stated above, the regulations need to be adopted in an expedited
manner.
5.
Therefore, the Illinois EPA requests that the Board hold a special meeting to
accept this rulemaking proposal.
6.
In addition, the Illinois EPA requests that should the Board accept this rulemaking
proposal, that the Board proceed to First Notice under the Illinois Administrative Procedure Act,
5 ILCS 100/1-1
et seq
., without reaching a decision on the merits, by accepting the regulatory
language proposed by the Illinois EPA in this rulemaking proposal only for purposes of First
Notice.
7.
The Illinois EPA also requests that the requisite public hearing be scheduled as
soon as possible in accordance with Section 28(a) of the Environmental Protection Act, 415
ILCS 5/28(a).
8.
The Illinois EPA believes that the information necessary for the Board to proceed
to First Notice in this rulemaking and schedule a public hearing is contained in the Statement of
Reasons. If more information is needed, the Illinois EPA will fully cooperate to expeditiously
provide the same to the Board and its hearing officer.
9.
As required by 35 Ill. Adm. Code 101.512, this Motion is accompanied by an
Affirmation attesting that the facts cited herein are true.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 20, 2006
* * * * * R2006-027 * * * * *
3
WHEREFORE, for the reasons set forth above, the Illinois EPA respectfully requests that
the Board grant its Motion and hold a special meeting to accept this rulemaking proposal and
expedite review in this matter.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
By:______________________
Gina Roccaforte
Assistant Counsel
Division of Legal Counsel
DATED: June 20, 2006
1021 North Grand Avenue East
P. O. Box 19276
Springfield, IL 62794-9276
THIS FILING IS SUBMITTED
217/782-5544
ON RECYCLED PAPER
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 20, 2006
* * * * * R2006-027 * * * * *
4
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
)
)
R06-
AMENDMENTS TO 35 ILL. ADM. CODE 201,
)
(Rulemaking – Air)
PERMITS AND GENERAL PROVISIONS
)
Back to top
AFFIRMATION
I, Gina Roccaforte, under oath, hereby state and affirm that I am an Assistant Counsel for
the Illinois EPA and the facts cited in the foregoing Motion for Special Meeting and Expedited
Review are true and correct to the best of my information and belief.
______________________
Gina Roccaforte
Assistant Counsel
Division of Legal Counsel
SUBSCRIBED AND SWORN TO BEFORE ME
This __day of __________, 2006
___________________________
Notary Public
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 20, 2006
* * * * * R2006-027 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
)
)
R06-
AMENDMENTS TO 35 ILL. ADM. CODE 201,
)
(Rulemaking – Air)
PERMITS AND GENERAL PROVISIONS
)
APPEARANCE
The undersigned hereby enters her appearance as an attorney on behalf of the
Illinois Environmental Protection Agency.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
By:_______________________________
Gina Roccaforte
Assistant Counsel
Division of Legal Counsel
DATED: June 20, 2006
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
(217) 782-9143 (TDD)
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 20, 2006
* * * * * R2006-027 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
)
)
R06-
AMENDMENTS TO 35 ILL. ADM. CODE 201,
)
(Rulemaking – Air)
PERMITS AND GENERAL PROVISIONS
)
CERTIFICATION OF ORIGINATION
NOW COMES the Illinois Environmental Protection Agency to certify in accordance
with 35 Ill. Adm. Code 102.202(i) that this proposal for amendments to 35 Ill. Adm. Code 201
amends the most recent version of the rules as published on the Illinois Pollution Control
Board’s Web site.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
By: ________________________
Gina Roccaforte
Assistant Counsel
Division of Legal Counsel
DATED: June 20, 2006
1021 North Grand Avenue East
PO Box 19276
Springfield, IL 62794-9276
(217) 782-5544
(217) 782-9143 (TDD)
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 20, 2006
* * * * * R2006-027 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BO
IN THE MATTER OF:
1
R06-
MENDMENTS TO 35 ILL. ADM. CODE 201,
)
(Rulemaking
-
Air)
PERMITS AND GENERAL PROVISIONS
1
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
PROPOSAL OF REGULATIONS
The Illinois Environmental Protection Agency moves that the Illinois Pollution Control
Board adopt the attached regulations.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
Director
DATED:
June
20, 2006
102 1 North Grand Avenue East
P. 0. Box 19276
Springfield, IL 62794
-9276
217/782-5544
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 20, 2006
* * * * * R2006-027 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
)
)
R06-
AMENDMENTS TO 35 ILL. ADM. CODE 201,
)
(Rulemaking – Air)
PERMITS AND GENERAL PROVISIONS
)
STATEMENT OF REASONS
I. INTRODUCTION
The Illinois Environmental Protection Agency (Illinois EPA) submits this Statement
of Reasons to the Illinois Pollution Control Board (Board) pursuant to Sections 27 and 28 of
the Environmental Protection Act (Act) (415 ILCS 5/27 and 28) and 35 Ill. Adm. Code
102.202 in support of the attached proposal of regulations. Included in this proposal are
amendments to 35 Ill. Adm. Code 201.
II. STATEMENT OF FACTS
The Prevention of Significant Deterioration of Air Quality (PSD) provisions of the
Clean Air Act, 42 U.S.C. §7401
et seq
., were enacted in 1977 to regulate new major
stationary sources and major modifications to existing sources. The PSD program applies in
areas in the country that are deemed to be attainment or unclassifiable with respect to
national ambient air quality standards (NAAQS). 42 U.S.C. §7471. The Illinois EPA
administers the PSD program (40 CFR §52.21) in Illinois through a delegation agreement
with the United States Environmental Protection Agency (USEPA). PSD involves a
preconstruction permitting process. Under PSD, an applicant for a major new source or
modification must submit a permit application prior to commencing construction that
demonstrates that emissions from the proposed facility will not cause or contribute to an
exceedance of any applicable NAAQS or air quality increment, and that the proposed facility
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 20, 2006
* * * * * R2006-027 * * * * *
2
will employ the Best Available Control Technology for all pollutants for which the source is
major. 40 CFR §52.21.
III. PURPOSE AND EFFECT OF THE PROPOSAL
As a result of the delegated program, an appeal of a PSD permit issued in Illinois is
subject to the procedural requirements of the federal regulations at 40 CFR Part 124, which
provide that final permits decisions are automatically stayed for 30 days after issuance. In a
number of other states, USEPA has approved state programs that do not provide for an
automatic 30-day stay.
Increasingly, there is interstate competition for economic development and Illinois is
at a disadvantage in competing for these new projects because of the automatic stay disparity
between its PSD delegated program and surrounding states' PSD approved programs. The
proposed rulemaking will serve to eliminate the automatic 30-day stay, thereby "leveling the
playing field" in Illinois while not causing any adverse impact to the environment. This is
the sole purpose of this regulatory proposal; this proposal does not otherwise alter nor affect
40 C.F.R. § 52.21 or 40 C.F.R. Part 124.
This rule, if adopted, will be subject to approval by USEPA, and cannot be relied
upon for PSD permits until USEPA has approved it as part of Illinois' State Implementation
Plan.
IV. GEOGRAPHIC REGIONS AND SOURCES AFFECTED
The geographic region subject to the proposed regulations for sources are those areas
in the State that are deemed to be attainment or unclassifiable with respect to national
ambient air quality standards.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 20, 2006
* * * * * R2006-027 * * * * *
3
V. TECHNICAL FEASIBILITY AND ECONOMIC REASONABLENESS
The amendments to Part 201 are being proposed to ensure that Illinois is not at a
disadvantage in competing for new economic development. The proposed amendments
make inapplicable provisions relating to an automatic 30-day stay after issuance of a final
PSD construction permit and do not impose new emission limitations or require new control
devices on affected sources. Therefore, an analysis of technical feasibility and economic
reasonableness is not appropriate.
VI. SYNOPSIS OF TESTIMONY
The Illinois EPA plans to call Christopher Romaine as a witness at hearing.
Mr.Romaine, Manager of the Illinois EPA’s Construction Unit in the Permit Section, will
testify about the proposed amendments in general and will assist in answering questions.
Written testimony will be submitted prior to hearing in accordance with the Board’s
procedural rules.
VII. INCORPORATIONS BY REFERENCE
No materials are being incorporated by reference within the proposed amendments.
VIII. PUBLISHED STUDY OR RESEARCH REPORT
No published study or research report was used in developing the proposed
amendments.
IX. THE ILLINOIS EPA’S PROPOSAL
The following is a summary of the Illinois EPA’s proposal:
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 20, 2006
* * * * * R2006-027 * * * * *
4
35 Ill. Adm. Code 201
SUBPART M: PSD CONSTRUCTION PERMITS
Section 201.501
PSD Construction Permits
This Section relates to any final permit decision by the Illinois EPA relating to a PSD
construction permit issued pursuant to Sections 9.1 and 39 of the Act implementing Section
165 of the Clean Air Act. Notwithstanding the provisions of 40 C.F.R. 124.15(b), a final
PSD construction permit shall become effective on the date of issuance unless otherwise
stated in the final permit. However, any person with standing in accordance with 40 C.F.R.
124.19 may seek to file an appeal with the United States Environmental Protection Agency’s
Environmental Appeals Board and may request a stay of the permit. This Section applies to
permits issued on or after the effective date of the approval of this Subpart as part of Illinois’
State Implementation Plan under the Clean Air Act.
X. CONCLUSION
For the reasons stated above, the Illinois EPA hereby submits this regulatory proposal
and respectfully requests the Board to adopt these rules for the State of Illinois.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
By:________________________
Gina Roccaforte
Assistant Counsel
Division of Legal Counsel
DATED: June 20, 2006
1021 N. Grand Ave. East
P.O. Box 19276
Springfield, IL 62794-9276
(217) 782-5544
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 20, 2006
* * * * * R2006-027 * * * * *
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
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
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 20, 2006
* * * * * R2006-027 * * * * *
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
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)
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 20, 2006
* * * * * R2006-027 * * * * *
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
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
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 20, 2006
* * * * * R2006-027 * * * * *
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
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
SUBPART M: PSD CONSTRUCTION PERMITS
Section
201.501
PSD Construction Permits
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
and R05-20 at 30 Ill. Reg. 4901, effective March 3, 2006; amended at __ Ill. Reg. ____,
effective ________________.
SUBPART M: PSD CONSTRUCTION PERMITS
Section 201.501
PSD Construction Permits
a)
This Section relates to any final permit decision by the Agency relating to
a Prevention of Significant Deterioration (PSD) construction permit issued
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 20, 2006
* * * * * R2006-027 * * * * *
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
pursuant to Sections 9.1 and 39 of the Act implementing Section 165 of
the Clean Air Act.
b)
Notwithstanding the provisions of 40 C.F.R. 124.15(b), a final PSD
construction permit shall become effective on the date of issuance unless
otherwise stated in the final permit. However, any person with standing in
accordance with 40 C.F.R 124.19 may seek to file an appeal with the
United States Environmental Protection Agency’s Environmental Appeals
Board and may request a stay of the permit.
c)
This Section applies to permits issued on or after the effective date of the
approval of this Subpart as part of Illinois’ State Implementation Plan
under the Clean Air Act.
(Source: Added at __ Ill. Reg. ____, effective ________________)
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 20, 2006
* * * * * R2006-027 * * * * *
