OFFICE OF THE SECRETARY OF STATE
JESSE WHITE •
Secretary of State
06/29/2006
POLLUTION CONTROL BOARD
James R. Thompson Center 100 W
. Randolph St
., Ste 11-500
RECEIVED
CLERKS OFFICE
Dorothy Gunn
CHICAGO, IL 60601
JUL
- ?
2006
Pollution
Control
Board
Dear Dorothy Gunn
Your rules Listed below met our codification standards and have been published in
Volume 30, Issue
27 of the Illinois Register, dated
07/07/2006 .
PROPOSED RULES
Permits and General Provisions
35 111 . Adm . Code 201
Page 11506
Point Of Contact :Erin Conley
REGULATORY AGENDA
Organization, Public Information, and Types of Proceedings
2 III . Adm . Code 2175
Page 11895
Point Of Contact :Erin Conley
If you have any questions, you may contact the Administrative Code Division at
(217) 782 - 7017 .
Index Department
- Administrative Code Division
-
111 East Monroe Springfield, IL 62756
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
1)
Heading of the Part
:
Permits and General Provisions
2)
Code Citation : 35 Ill. Adm. Code Part 201
3)
Section Numbers :
Proposed Action:
201 .501
New Section
4)
Statutory 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]
5)
A Complete Description of the Subjects and Issues Involved
:
This rulemaking is based on a proposal filed on June 20, 2006, by the Illinois
Environmental Protection Agency (Agency) . The Board has granted the Agency's
request to expedite consideration of this proposal, and has authorized this publication of
the proposal as submitted by the Agency . In so doing, the Board makes no comment on
the merits of the proposal . This is explained in greater detail in the Board's opinion and
order, available from the address it item 12 below, in In the Matter of
: Amendments to 35
Ill . Adm
. Code 201 (New Section 201 .501 PSD Construction Permits), R06-27 (June 22,
2006.
The amendments seek to add a new Section to the Board's air regulations that would
eliminate an automatic 30-day stay of the effectiveness of prevention of significant
deterioration of air quality (PSD) permits
. The amendments propose to add a new
Subpart M to Part 201, the Board's general permit provisions
. The proposed new Section
201
.501 in effect provides that PSD permits are effective upon issuance a) unless the
permit states otherwise by its terms, orb) an appeal has been filed and a stay of the
permit has been granted .
In its Statement of Reasons that accompanied the proposal the Agency asserted that the
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)
. The
Agency administers the PSD program through a delegation agreement with the United
States Environmental Protection Agency (USEPA)
. PSD involves a preconstruction
permitting process in which 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
"`-CEIVED
7 3 2006
x35-CODE DIV
.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
applicable NAAQS or air quality increment, and that the proposed facility will employ
the Best Available Control Technology for all pollutants for which the source is major .
The Agency stated that an appeal of the 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 . This
rulemaking proposes to eliminate the automatic 30-day stay, thereby "leveling the
playing field" between Illinois and surrounding states that have approved programs
without the automatic stay . The Agency's goal is to remove an economic disincentive to
new development while not causing any adverse impact to the environment
.
6)
Published studies or reports, and sources of underlying data, used to compose this
rulemaking
:
None
7)
Will this proposed rule replace an emergency rule currently in effect? No
8)
Does this rulemaking contain an automatic repeal date? No
9)
Does this proposed rule contain incorporations by reference?
No
10)
Are there any other proposed rules pending on this Part? No
11)
Statement of Statewide Policy Objectives : This proposed rule does not create or enlarge
a State mandate, as defined in Section 3(b) of the State Mandates Act
. [30 ILCS 805/3(b)
(2004)] .
12)
Time, Place, and Manner in which interested persons may comment on this proposed,
rulemaking:
The Board is currently in the process of scheduling hearings in this rulemaking
. The
Board will accept written public comment on this proposal for 45 days after the date of
publication in the Illinois Register. Comments should reference Docket R06-27 and be
addressed to
:
Clerk's Office
Illinois Pollution Control Board
100 W. Randolph St ., Suite 11-500
Chicago, IL 60601
Interested persons may request copies of the Board's opinion and order by calling
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
Dorothy Gunn at 312-814-3620, or download from the Board's Web site at
www.ipcb .state.il .us.
For more information contact John Knittle at 217/278-3111 or email at
knittlej@ipcb.state.il.us.
13)
Initial Regulatory Flexibility Analysis:
ILLINOIS REGISTER
A)
Types of small businesses, small municipalities and not for profit corporations
affected: This rulemaking could impact any small business, small municipality,
or not-for-profit corporation that either applies for or appeals a PSD permit
.
B)
Reporting, bookkeeping or other procedures required for compliance :
This rulemaking does not propose any additional reporting or bookkeeping
requirements .
C)
Types of Professional skills necessary for compliance : No professional skills
beyond those currently required by the existing state and federal air pollution
control regulations applicable to affected sources will be required
.
14)
Reason this rulemaking was not included on the most recent regulatory agenda
:
The Board did not receive an indication from the Agency at the time that the January
regulatory agenda was compiled that this rulemaking would be proposed this year
.
The full text of the Proposed Amendments begins on the next page:
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
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)
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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
a) This
Section relates to any final permit decision by the Agency relating to a Prevention of
Significant Deterioration (PSD) construction permit issued 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 30 Ill . Reg. , effective )
