Section 201.101  Other Definitions

 

a)         Except as stated and unless a different meaning of a term is clear from its context, the definitions of terms used in this Part shall be the same as those used in the Environmental Protection Act [415 ILCS 5] (Act).

 

b)         All terms defined in 35 Ill. Adm. Code 211 which appear in this Part have the definitions specified by 35 Ill. Adm. Code 211.

 

(Source:  Amended at 18 Ill. Reg. 15760, effective October 17, 1994)

 

Section 201.102  Definitions

 

"Air Contaminant":  any solid, liquid or gaseous matter, any odor or any form of energy, that is capable of being released into the atmosphere from an emission source.

 

"Air Pollution Control Equipment":  any equipment or facility of a type intended to eliminate, prevent, reduce or control the emission of specified air contaminants to the atmosphere.

 

"Air Pollution":  the presence in the atmosphere of one or more air contaminants in sufficient quantities and of such characteristics and duration as to be injurious to human, plant or animal life, to health, or to property, or to unreasonably interfere with the enjoyment of life or property.

 

"Ambient Air":  that portion of the atmosphere external to buildings comprising emission sources.

 

"Ambient Air Quality Standard":  those standards promulgated from time to time by the Pollution Control Board (Board) pursuant to authority contained in the Act and found at 35 Ill. Adm. Code 243, or by the United States Environmental Protection Agency (USEPA) pursuant to authority contained in 42 U.S.C. 7401 et seq. as amended from time to time.

 

"Clean Air Act":  the Clean Air Act of 1970, as amended, including the Clean Air Act Amendments of 1977, as amended (42 U.S.C. 7401 et seq.).

 

"Commence":  the act of entering into a binding agreement or contractual obligation to undertake and complete, within a reasonable time, a continuous program of construction or modifications.

 

"Construction":  commencement of on-site fabrication, erection or installation of an emission source or of air pollution control equipment.

 

"Emission Source":  any equipment or facility of a type capable of emitting specified air contaminants to the atmosphere.

 

"Existing Air Pollution Control Equipment":  any air pollution control equipment, the construction or modification which has commenced prior to April 14, 1972.

 

"Existing Emission Source":  any emission source, the construction or modification of which has commenced prior to April 14, 1972.

 

"Modification":  any physical change in, or change in the method of operations, of an emission source or of air pollution control equipment which increases the amount of any specified air contaminant emitted by such source or equipment or which results in the emission of any specified air contaminant not previously emitted.  It shall be presumed that an increase in the use of raw materials, the time of operation or the rate of production will change the amount of any specified air contaminant emitted.  Notwithstanding any other provisions of this definition, for purposes of permits issued pursuant to Subpart D, the Illinois Environmental Agency (Agency) may specify conditions under which an emission source or air pollution control equipment may be operated without causing a modification as herein defined, and normal cyclical variations, before the date operating permits are required, shall not be considered modifications.

 

"New Air Pollution Control Equipment":  any air pollution control equipment, the construction or modification of which is commenced on or after April 14, 1972.

 

"New Emission Source":  any emission source, the construction or modification of which is commenced on or after April 14, 1972.

 

"Owner or Operator":  any person who owns, leases, controls or supervises an emission source or air pollution control equipment.

 

"Person":  any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this State, any other State or political subdivision or agency thereof or any legal successor, representative, agent or agency of the foregoing.

 

"PSD Increment":  the maximum allowable increase over baseline concentration of any air contaminant as determined by Section 163 of the Clean Air Act (42 U.S.C. 7473) and regulations adopted thereunder.

 

"Specified Air Contaminant":  any air contaminant as to which this Subtitle contains emission standards or other specific limitations and any contaminant regulated in Illinois pursuant to Section 9.1 of the Act.

 

"Standard Industrial Classification Manual":  the Standard Industrial Classification Manual (1972), Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

 

(Source:  Amended at 15 Ill. Reg. 17699, effective November 26, 1991)

 

Section 201.103  Abbreviations and Units

 

a)         The following abbreviations have been used in this Part:

 

Act	Illinois Environmental Protection Act
AER	Annual Emissions Report
Agency	Illinois Environmental Protection Agency
btu or Btu	British thermal units
CAA	Clean Air Act
CAAPP	Clean Air Act Permit Program
CO	Carbon monoxide
CO2e	Carbon dioxide equivalent
gal	gallons
HAPs	hazardous air pollutants
hp	horsepower
hr	hour
gal/mo	gallons per month
gal/yr	gallons per year
kPa	kilopascals
kPa absolute	kilopascals absolute
kW	kilowatts
l	liters
Mg	megagrams
m3	cubic meters
MM	million
MW	megawatts; one million watts
NESHAP	National Emission Standards for Hazardous Air Pollutants
NMOC	nonmethane organic compounds
NOx	nitrogen oxide
NSPS	New Source Performance Standards
NSR	New Source Review
PBR	permit by rule
PM	particulate matter
PM10	particulate matter with an aerodynamic diameter less than or equal to 10 micrometers
PM2.5	particulate matter with an aerodynamic diameter less than or equal to 2.5 micrometers
PSD	Prevention of Significant Deterioration
psi	pounds per square inch
psia	pounds per square inch absolute
ROSS	Registration of Smaller Sources
SO2	sulfur dioxide
TPY	tons per year
USEPA	United States Environmental Protection Agency
VOM	volatile organic material
yr	year

 

b)         The following conversion factors have been used in this Part:

 

English	Metric
1 gal	3.785 1
1,000 gal	3.785 m3
1 hp	0.7452 kW
1MMBtu/hr	0.293 MW
1 psi	6.897 kPa

 

(Source:  Amended at 41 Ill. Reg. 4140, effective March 24, 2017)

 

Section 201.104  Incorporations by Reference

 

The following materials are incorporated by reference.  These incorporations by reference do not include any later amendments or editions:

 

a)         Standard Industrial Classification Manual (1972), Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402.

 

b)         ASAE Standard 248.2, Section 9, Basis for Stating Drying Capacity of Batch and Continuous-Flow Grain Dryers, American Society of Agricultural Engineers, 2950 Niles Road, St. Joseph, MI 49085.

 

c)         Prevention of Significant Deterioration of Air Quality, 40 CFR 52.21 (2015).

 

d)         Standards of Performance for New Stationary Sources, 40 CFR 60:

 

1)         Subpart A – General Provisions (2015);

 

2)         Standards of Performance for Small Industrial-Commercial-Institutional Steam Generating Units, Subpart Dc (2015);

 

3)         Appendix A-4, Reference Method 10 – Determination of Carbon Monoxide Emissions from Stationary Sources (2015); and

 

4)         Subpart Ja – Standards of Performance for Petroleum Refineries for Which Construction, Reconstruction, or Modification Commenced After May 14, 2007 (2015).

 

e)         National Emission Standards for Hazardous Air Pollutants for Source Categories, 40 CFR 63:

 

1)         Subpart A – General Provisions (2015);

 

2)         Subpart DDDDD – National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters (2015); and

 

3)         Subpart JJJJJJ – National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers Area Sources (2015).

 

(Source:  Amended at 41 Ill. Reg. 4140, effective March 24, 2017)

SUBPART B: GENERAL PROVISIONS

 

Section 201.121  Existence of Permit No Defense

 

The existence of a permit under this Part shall not constitute a defense to a violation of the Act or any rule or regulation of this Chapter, except for construction or operation without a permit.

 

Section 201.122  Proof of Emissions

 

Notwithstanding other provisions of this Chapter, evidence that specified air contaminant emissions, as calculated on the basis of standard emission factors or other factors generally accepted as true by those persons engaged in the field of air pollution control, exceed the limitations prescribed by this Chapter shall constitute adequate proof of a violation, in the absence of a showing that actual emissions are in compliance.

 

Section 201.123  Burden of Persuasion Regarding Exceptions

 

In any proceeding pursuant to this Chapter, if an exception stated in this Chapter would limit an obligation, limit a liability or eliminate either an obligation or a liability, the person who would benefit from the application of the exception shall have the burden of persuasion that the exception applies and that the terms of the exception have been met.

 

Section 201.124  Annual Report

 

The Agency shall annually prepare and submit to the Board an Air Contaminant Emission Report which lists the emission sources in the State for which an operating permit is required under this Part, describes the type, quantity and concentrations of the various specified contaminants being emitted and describes the existing and planned controls and the scheduled dates for completion of improvements.

 

Section 201.125  Severability

 

If any provision of these rules or regulations is adjudged invalid, or if the application thereof to any person or in any circumstance is adjudged invalid, such invalidity shall not affect the validity of this Chapter as a whole or of any part, subpart, sentence or clause thereof not adjudged invalid.

 

Section 201.126  Repealer

 

Each provision of the Rules and Regulations Governing the control of Air Pollution, as amended August 19, 1969, applying to an emission source shall remain in full force and effect unless and until such source is required to comply with a corresponding provision of this Chapter.

SUBPART C: PROHIBITIONS

 

Section 201.141  Prohibition of Air Pollution

 

No person shall cause or threaten or allow the discharge or emission of any contaminant into the environment in any State so as, either alone or in combination with contaminants from other sources, to cause or tend to cause air pollution in Illinois, or so as to violate the provisions of this Chapter, or so as to prevent the attainment or maintenance of any applicable ambient air quality standard.

 

Section 201.142  Construction Permit Required

 

No person shall cause or allow the construction of any new emission source or any new air pollution control equipment, or cause or allow the modification of any existing emission source or air pollution control equipment, without first obtaining a construction permit from the Agency, except as provided in Sections 201.146 or Section 201.170(b) of this Part.

 

(Source:  Amended at 27 Ill. Reg. 5820, effective March 21, 2003)

 

Section 201.143  Operating Permits for New Sources

 

No person shall cause or allow the operation of any new emission source or new air pollution control equipment of a type for which a construction permit is required by Section 201.142 without first obtaining an operating permit from the Agency, except for such testing operations as may be authorized by the construction permit.  Applications for operating permits shall be made at such times and contain such information (in addition to the information required by Section 201.157 as shall be specified in the construction permit.

 

Section 201.144  Operating Permits for Existing Sources

 

No person shall cause or allow the operation of any existing emission source or any existing air pollution control equipment without first obtaining an operating permit from the Agency, except as provided in Section 201.146.  Dates on which permits were required are shown in Appendix C.

 

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 1 (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 bhp) or stationary turbine, except that a permit shall be required for the following:

 

1)         Any internal combustion engine with a rating at equal to or greater than 500 bhp output that is subject to the control requirements of 35 Ill. Adm. Code 217.388(a) or (b); or

 

2)         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 and fuel dispensing equipment that are both used for the dispensing of fuel to mobile sources, including on-road and off-road vehicles, for use in such mobile sources;

 

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 amount of material or mixture of any material listed as a hazardous air pollutant pursuant to section 112(b) of the Clean Air Act;

 

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 (including kerosene and diesel fuel), 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 1 (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)       (Reserved);

 

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 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 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;

 

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;

 

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 of the Act 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 of the Act 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;

 

lll)        Plastic injection molding equipment with an annual through-put not exceeding 5,000 tons of plastic resin in the aggregate from all plastic injection molding equipment at the source, and all associated plastic resin loading, unloading, conveying, mixing, storage, grinding, and drying equipment and associated mold release and mold cleaning agents;

 

mmm)  Sources required to comply with Section 201.175 (Registration of Smaller Sources (ROSS)).

 

(Source:  Amended at 41 Ill. Reg. 4140, effective March 24, 2017)

 

Section 201.147  Former Permits

 

Any permit issued by the Agency, or any predecessor, is subject to the requirements of Section 201.121, 201.142 through 201.146 and Subparts D through F, and shall be revised or revoked as necessary to conform to this Chapter.

 

Section 201.148  Operation Without Compliance Program and Project Completion Schedule

 

a)         No person shall cause or allow the operation of an emission source which is not in compliance with the requirements of 35 Ill. Adm. Code 215 unless such person is in compliance with a compliance program as provided for in Subpart H and in the applicable provisions of 35 Ill. Adm. Code 215.

b)         Any compliance plan or project completion schedule, where applicable, shall be a binding condition of the operating permit for the source.

 

(Source:  Amended 7 Ill. Reg. 1244, effective January 21, 1983)

 

Section 201.149  Operation During Malfunction, Breakdown or Startups

 

A person must not cause or allow the continued operation of an emission source during malfunction or breakdown of the emission source or related air pollution control equipment if such operation would cause a violation of the applicable standards or limitations stated in Subchapter c except as specifically provided for by such standard or limitation.  A person must not cause or allow violation of the applicable standards or limitations stated in Subchapter c during startup except as specifically provided for by such standard or limitation.

 

(Source:  Amended at 47 Ill. Reg. 12089, effective July 25, 2023)

 

Section 201.150  Circumvention

 

Except as provided in 35 Ill. Adm. Code 212.207, 214.162 and 214.182 through 214.185, and except as further provided by Section 201.151, no person shall cause or allow the construction or operation of any device or any means, including the creation or use of any corporations or other business entities having interlocking directorships or substantially identical ownerships which, without resulting in a reduction in the total amount of any air contaminant emitted, conceals, dilutes or permits air contaminant emissions which would otherwise violate these regulations.

 

Section 201.151  Design of Effluent Exhaust Systems

 

a)         No person shall cause or allow the operation of an emission source or of air pollution control equipment without providing one or more stacks or vents that are designed to prevent the concentration of any air contaminant from:

 

1)         Exceeding any applicable ambient air quality standard, either alone or in combination with air contaminants from other sources; or,

 

2)         Causing or tending to cause air pollution, either alone or in combination with air contaminants from other sources; or,

 

3)         Exceeding the emission standards and limitations of subchapter (c) of this Chapter.

 

b)         Exception.  This rule shall not apply to emission sources, such as stock piles of particulate matter which, because of the disperse nature of such emission sources, cannot reasonably be expected to be emitted through a stack.

SUBPART D: PERMIT APPLICATIONS AND REVIEW PROCESS

 

Section 201.152  Contents of Application for Construction Permit

 

An application for a construction permit shall contain, as a minimum, the following data and information:  The nature of the emission unit and air pollution control equipment, including the expected life and deterioration rate; information concerning processes to which the emission unit or air pollution control equipment is related; the quantities and types of raw materials to be used in the emission source or air pollution control equipment; the nature, specific points of emission and quantities of uncontrolled and controlled air contaminant emissions at the source that includes the emission unit or air pollution control equipment; the type, size, efficiency and specifications (including engineering drawings, plans and specifications certified to by a registered Illinois professional engineer) of the proposed emission unit or air pollution control equipment; maps, statistics and other data reasonably sufficient to describe the location of the emission unit or air pollution control equipment.  The Agency may waive the submission by the applicant of such engineering drawings, plans, specifications or such other portions of the above data or information as it shall deem inappropriate or unnecessary to the construction permit application.  The Agency may adopt procedures that require data and information in addition to and in amplification of the matters specified in the first sentence of this Section, that are reasonably designed to determine compliance with this Chapter and ambient air quality standards, or that set forth the format by which all data and information shall be submitted.

 

(Source:  Amended at 22 Ill. Reg. 11451, effective June 23, 1998)

 

Section 201.153  Incomplete Applications (Repealed)

 

(Source:  Repealed at 22 Ill. Reg. 11451, effective June 23, 1998)

 

Section 201.154  Signatures (Repealed)

 

(Source:  Repealed at 22 Ill. Reg. 11451, effective June 23, 1998)

 

Section 201.155  Standards for Issuance (Repealed)

 

(Source:  Repealed at 22 Ill. Reg. 11451, effective June 23, 1998)

 

Section 201.156  Conditions

 

The Agency may impose such conditions in a construction permit as may be necessary to accomplish the purposes of the Act, and as are not inconsistent with the regulations promulgated by the Board thereunder.  Except as herein specified, nothing in this Chapter shall be deemed to limit the power of the Agency in this regard.  Such conditions may include conditions specifying any testing operations that may be conducted under the construction permit.

 

(Source:  Amended at 3 Ill. Reg. 30, p. 124, effective July 28, 1979)

 

Section 201.157  Contents of Application for Operating Permit

 

An application for an operating permit must contain the data and information specified in Section 201.152.  Each application must list all individual emission units and air pollution equipment for which a permit is sought.  Any applicant may seek to obtain from the Agency a permit for each emission unit, or such emission units as are similar in design or principle of operation or function, or for all emission units encompassed in an identifiable operating unit, unless subject to the provisions of Section 201.169 of this Subpart or required to obtain an operating permit with federal enforceable conditions in compliance with Section 39.5 of the Act.  To the extent that the above specified data and information has previously been submitted to the Agency in compliance with this Subpart, the data and information need not be resubmitted, but the applicant must certify that the data and information previously submitted remains true, correct and current.  An application for an operating permit must contain a description of the startup procedure for each emission unit, the duration and frequency of startups, the types and quantities of emissions during startup, and the applicant's efforts to minimize any such startup emissions, duration of individual startups, and frequency of startups.  The Agency may adopt procedures that require data and information in addition to and in amplification of the matters specified in the first sentence of this Section, that are reasonably designed to determine compliance with this Chapter and ambient air quality standards, and that specify the format by which all data and information must be submitted.

 

(Source:  Amended at 47 Ill. Reg. 12089, effective July 25, 2023)

 

Section 201.158  Incomplete Applications

 

An application shall not be deemed to be filed until the applicant has submitted all information and completed application forms required by Section 201.152 or 201.157 of this Subpart, whichever is applicable, and procedures adopted and effective pursuant hereto.  Provided, however, that if the Agency fails to notify the applicant within 30 days after the filing of a purported application that the application is incomplete and of the reasons the Agency deems it incomplete, the application shall be deemed to have been filed as of the date of such purported filing.  The applicant may treat the Agency's notification that an application is incomplete as a denial of the application for purposes of review, pursuant to Section 40 of the Act [415 ILCS 5/40].

 

(Source:  Amended at 22 Ill. Reg. 11451, effective June 23, 1998)

 

Section 201.159  Signatures

 

All applications and supplements thereto shall be signed by the owner and operator of the source, or their authorized agent, and shall be accompanied by evidence of authority to sign the application.

 

(Source:  Amended at 22 Ill. Reg. 11451, effective June 23, 1998)

 

Section 201.160  Standards for Issuance

 

a)         No construction permit shall be granted unless the applicant submits proof to the Agency that:

 

1)         The emission unit or air pollution control equipment will be constructed or modified to operate so as not to cause a violation of the Act or of this Chapter; and

 

2)         If subject to a future compliance date, the applicant has an approved compliance program and project completion schedule in accordance with the provisions of Subpart H of this Part.

 

b)         No operating permit shall be granted unless the applicant submits proof to the Agency that:

 

1)         The emission unit or air pollution control equipment has been constructed or modified to operate so as not to cause a violation of the Act or of this Chapter, or has been granted a variance therefrom by the Board and is in full compliance with such variance; and

 

2)         The emission unit or air pollution control equipment has been constructed or modified in accordance with all conditions in the construction permit, where applicable; and

 

3)         The emission unit or air pollution control equipment has been shown by tests in accordance with the provisions of Subpart J of this Part, applicable regulations, and permit conditions to operate in accordance with the emission limitations set forth in this Chapter, provided that the Agency may waive the requirement for actual tests where sufficient standard testing information is available; and

 

4)         The applicant has taken all technically feasible measures, including changes in work rules, to minimize the duration and frequency of startups and to reduce the quantity of emissions during startups; and

 

5)         If subject to a future compliance date, the applicant has an approved compliance program and project completion schedule in accordance with the provisions of Subpart H of this Part; and

 

6)         If required, the applicant has an approved episode action plan in effect in accordance with the provisions of 35 Ill. Adm. Code 244.

 

(Source:  Amended at 22 Ill. Reg. 11451, effective June 23, 1998)

 

Section 201.161  Conditions

 

The Agency may impose such conditions in an operating permit as may be necessary to accomplish the purposes of the Act, and as are not inconsistent with the regulations promulgated by the Board thereunder.  Except as herein specified, nothing in this Chapter shall be deemed to limit the power of the Agency in this regard.  When deemed appropriate as a condition to the issuance of an operating permit, the Agency  may require that the permittee adequately maintain the air pollution control equipment covered by the permit.  To assure that such a maintenance program is planned, the Agency may require that the permittee have a maintenance program and keep such maintenance records as are necessary to demonstrate compliance with this rule; provided, however, the Agency shall not have the authority to approve the maintenance programs required thereunder.

 

Section 201.162  Duration

 

a)         No operating permit shall be valid longer than ten years or such shorter period as the Agency may specify in the operating permit as necessary to accomplish the purposes of the Act and this Chapter, unless the source is subject to:

 

1)         Section 201.169 of this Subpart; or

 

2)         Section 39.5 of the Act, except for sources exempt pursuant to Section 39.5(1.1).

 

b)         Applications for renewal of an operating permit shall be submitted to the Agency at least 90 days prior to the expiration of the prior permit, and shall conform to Sections 201.157, 201.158 and 201.159.  The standards for issuance of renewal of operating permits shall be as set forth in Section 201.160.

 

(Source:  Amended at 34 Ill. Reg. 19575, effective December 1, 2010)

 

Section 201.163  Joint Construction and Operating Permits

 

In cases where the Agency determines that an emission unit or air pollution control equipment is sufficiently standard so as to obviate the need for separate construction and operating permits, the Agency may issue a joint construction and operating permit.  The Agency may adopt procedures that:  set forth the circumstances under which joint construction and operating permits may be issued; require data and information designed to determine compliance with this Chapter and ambient air quality standards; and set forth the format by which all data and information shall be submitted.  The standards for issuance of joint construction and operating permits shall be as set forth in Section 201.160.  Except as herein provided, nothing in this Chapter shall be deemed to limit the power of the Agency in this regard.   The term "operating permit" as used elsewhere in this Chapter shall be deemed to include a joint construction and operating permit.

 

(Source:  Amended at 22 Ill. Reg. 11451, effective June 23, 1998)

 

Section 201.164  Design Criteria

 

a)         The Agency may adopt procedures that set forth criteria for the design, operation or maintenance of emission units and air pollution control equipment.  These procedures shall be revised from time to time to reflect current engineering judgment and advances in the state of the art.

 

b)         Before adopting new criteria or making substantive changes to any criteria adopted by the Agency, the Agency shall:

 

1)         Publish a summary of the proposed changes in the Environmental Register or a comparable publication at the Agency's expense; and

 

2)         Provide a copy of the full text of the proposed changes to any person who in writing so requests; and

 

3)         Defer adoption of the changes for 45 days from the date of publication to allow submission and consideration of written comments on the proposed changes.

 

(Source:  Amended at 22 Ill. Reg. 11451, effective June 23, 1998)

 

Section 201.165  Hearings

 

a)         The Agency may conduct hearings, prior to issuing a permit pursuant to this Chapter, to determine whether an applicant has submitted proof that the emission source or air pollution control equipment is or will be in compliance with every rule of this Chapter.

 

b)         The Agency shall adopt procedural regulations for the conduct of such hearings.

 

Section 201.166  Revocation

 

Violation of any of the conditions of a permit, or the failure to comply with any rule or regulation of this Chapter, shall be grounds for revocation of the permit, as well as for other sanctions provided in the Act.  Such sanctions shall be sought by filing a complaint with the Board.

 

(Source:  Renumbered from Section 201.207 at 18 Ill. Reg. 15760, effective October 17, 1994)

 

Section 201.167  Revisions to Permits

 

The Agency may revise any permit issued pursuant to Subpart D or any condition contained in such permit, as follows:

 

a)         Upon reapplication by the permittee; or

 

b)         Upon the revision of the Act or this Chapter.

 

(Source:  Renumbered from Section 201.209 at 18 Ill. Reg. 15760, effective October 17, 1994)

 

Section 201.168  Appeals from Conditions

 

An applicant may consider any condition imposed by the Agency in a permit as a refusal by the Agency to grant a permit, which shall entitle the applicant to appeal the Agency's decision to the Board pursuant to Section 40 of the Act [415 ILCS 5/40].

 

(Source:  Renumbered from Section 201.210 and amended at 18 Ill. Reg. 15760, effective October 17, 1994)

 

Section 201.169  Special Provisions for Certain Operating Permits

 

a)         Applicability:

 

1)         Operating permits issued pursuant to Section 39 of the Act for sources of air pollution that are not subject to the requirements of Section 39.5 of the Act and are not required to have a federally enforceable State operating permit are subject to the provisions of this Section.

 

2)         This Section only applies to sources that meet the requirements of subsection (a)(1) above and whose permit has not expired pursuant to a renewal request under subsection (b)(2) of this Section.  If this Section no longer applies to a source and its permit has not expired pursuant to a renewal request under subsection (b)(2) of this Section, the terms and conditions of the permit shall remain in effect until the permit is superseded by a new or revised permit or is withdrawn.

 

3)         Nothing in this Subpart shall be construed as exempting persons with permits issued pursuant to this Section from the requirements of Section 201.142 of this Part requiring a construction permit or from review under Part 203 procedures for new and modified emission units.

 

b)         Expiration and Renewal:

 

1)         The Agency may request the renewal of an operating permit subject to this Section for reasons including, but not limited to, a change in the requirements applicable to the source; an indication that the information on the source's application is inaccurate; or information that the source may not be in compliance with the Act, a Board regulation or an existing permit condition.

 

2)         Notwithstanding Section 201.162 of this Subpart, an operating permit subject to this Section shall expire 180 days after the Agency sends a written request for renewal of the permit.  A permit shall terminate if it is withdrawn upon written request by the permittee or is superseded by a revised permit issued for the source.

 

3)         In its request for renewal pursuant to subsection (b)(2) above, the Agency may include a request for any supplemental information that the Agency may need to determine the continued applicability of this Section or the ability of the source to comply with any requirement.

 

4)         An owner or operator may appeal to the Board only a final determination by the Agency to deny a permit or to include conditions as provided by Section 40 of the Act and Section 201.168 of this Subpart, or a determination that a permit application is incomplete based upon insufficiencies such as, but not limited to, a failure to submit information requested under subsection (b)(3) above or Section 201.158 of this Subpart.

 

c)         Requirement for a Revised Permit:

 

1)         Persons with operating permits subject to this Section must obtain a revised permit prior to any of the following changes at the source:

 

A)        An increase in emissions above the amount the emission unit or the source is permitted to emit; or

 

B)        A modification; or

 

C)        A change in operations that will result in the source's noncompliance with a condition in the existing permit; or

 

D)        A change in ownership, company name, or address, so that the application or existing permit is no longer accurate.

 

2)         If changes in the source's emission units or control equipment remove a source from the applicability of this Section, an owner or operator shall apply for a construction permit under Section 201.152 of this Subpart, if applicable, and either a federally enforceable State operating permit or a Clean Air Act Permit Program (CAAPP) permit pursuant to Section 39.5 of the Act.

 

(Source:  Added at 22 Ill. Reg. 11451, effective June 23, 1998)

 

Section 201.170  Portable Emission Units

 

a)         An emission unit is portable provided that the emission unit meets the following criteria.

 

1)         Emissions from the emission unit are expected to occur for less than one year at any one site.

 

2)         The emission unit of air pollution is subject to the requirements of Section 201.169 of this Subpart.

 

3)         The emission unit or group of emission units that will be changing sites is permitted to emit less than 25 tons per year of any combination of regulated air pollutants.

 

4)         The emission unit is mounted on a chassis or skids and is designed to be moveable.

 

5)         The emission unit is not used as a thermal desorption system pursuant to 35 Ill. Adm. Code 728.Table F or as an incinerator system.

 

b)         An owner or operator of a portable emission unit meeting the requirements of subsection (a) of this Section may change the site of the unit without obtaining a new construction or operating permit pursuant to Section 201.142, 201.143, or 201.169 of this Part, provided that the owner or operator meets the following requirements:

 

1)         The owner or operator has obtained a construction and operating permit containing special conditions as required by subsection (c) of this Section for the emission unit, or is exempt pursuant to subsection (d) of this Section.

 

2)         If a permit issued pursuant to subsection (c) of this Section includes more than one emission unit, the owner or operator shall move all emission units covered by the permit to the new site.

 

3)         The owner or operator does not locate the emission unit on a site with a source:

 

A)        That is subject to the requirements of Section 39.5 of the Act; or

 

B)        That would become subject to the requirements of Section 39.5 of the Act if the emissions of all regulated pollutants from the portable emission unit were included in such source’s potential to emit.

 

4)         The owner or operator does not modify the operation of the emission unit in such a way so as to:

 

A)        Make the emission unit subject to New Source Review (NSR) requirements pursuant to 35 Ill. Adm. Code 203 or to Prevention of Significant Deterioration (PSD) pursuant to Section 9.1(a) of the Act; or

 

B)        Make the emission unit a support facility of a source that is subject to Section 39.5 of the Act.

 

5)         At least three days prior to moving the emission unit to a new site, the owner or operator shall notify the Agency by certified mail.  The notification shall include the items listed in this subsection (b)(5), unless the emission unit is exempt pursuant to subsection (d) of this Section:

 

A)        The location of the new site;

 

B)        The estimated emissions of all regulated air pollutants while located at the new site; and

 

C)        That the operation for the emission unit will be consistent with its construction and operating permits.

 

6)         The owner or operator shall keep a copy of the construction and operating permits for that emission unit on the site where the emission unit is in operation.

 

c)         Permit Requirements.

 

1)         The owner or operator of an emission unit must obtain a new or amended construction and operating permit containing special conditions for changing the site of the portable emission unit pursuant to the requirements of Sections 201.142, 201.143 and 201.169 of this Subpart prior to an initial change in site of an emission unit. The permit application, in addition to the information required pursuant to Section 201.152, 201.157 and 201.169 of this Part, must contain the following information:

 

A)        The initial site of the emission unit;

 

B)        A permanent address where correspondence may be sent to the owner or operator; and

 

C)        The permanent site of any required operating records.

 

2)         If the portable emission unit has a permit pursuant to this subsection (c), but has not changed sites within the prior twelve months at least once, the owner or operator shall obtain a revised permit prior to changing the site of the emission unit.

 

d)         The owner or operator of a portable emission unit that is included in more than one operating permit and meets the requirements of subsections (a)(2) through (a)(5), (b)(3), (b)(4) and (b)(6) of this Section may change the site of the unit without obtaining a new construction or operating permit pursuant to Section 201.142, 201.143 or 201.169 of this Part when the unit is moved to a site covered by the permit.

 

(Source:  Added at 27 Ill. Reg. 5820, effective March 21, 2003)

 

Section 201.175  Registration of Smaller Sources (ROSS)

 

a)         An owner or operator of an eligible source shall annually register with the Agency instead of complying with the requirement to obtain an air pollution construction or operating permit under the Act or complying with a permit issued under Section 201.169.  The owner and operator of a ROSS source are still subject to all applicable environmental statutes and regulations.  The source must meet all of the following criteria to be an eligible source:

 

1)         Pursuant to Section 9.14 of the Act:

 

A)        The source must not be required to obtain a permit pursuant to the Clean Air Act Permit Program, or federally enforceable State operating permit program, or under regulations promulgated pursuant to Section 111 or 112 of the Clean Air Act;

 

B)        USEPA has not otherwise determined that a permit is required;

 

C)        The source emits less than an actual 5 tons per year of combined particulate matter, carbon monoxide, nitrogen oxides, sulfur dioxide, and volatile organic material air pollutant emissions;

 

D)        The source emits less than an actual 0.5 tons per year of combined hazardous air pollutant emissions;

 

E)        The source emits less than an actual 0.05 tons per year of lead air emissions;

 

F)         The source emits less than an actual 0.05 tons per year of mercury air emissions; and

 

G)        The source does not have an emission unit or source subject to a standard pursuant to 40 CFR 61 (Maximum Achievable Control Technology) or 40 CFR 63 (National Emissions Standards for Hazardous Air Pollutants), other than those regulations that USEPA has categorized as "area source."

 

2)         Emission units at the source are not used as thermal desorption systems pursuant to 35 Adm. Code 728.Table F or as incinerator systems.

 

3)         The source or its emission units must not be subject to local siting under Section 39.2 of the Act.

 

b)         For the purposes of determining whether the actual emissions from the source meet the criteria of subsections (a)(1)(C), (a)(1)(D), (a)(1)(E), and (a)(1)(F) of this Section, the owner or operator of a source shall only use emissions from units that are not exempt from the requirement to obtain a permit pursuant to Section 201.146, as follows:

 

1)         Initial registration or reentry into ROSS:  the owner or operator must sum the actual emissions from all units associated with the source for the prior calendar year.  If the source is new, or has been operating less than one calendar year, projected estimated emissions may be used for all of the remaining months in the prior calendar year, respectively.

 

2)         Annual renewal of registration:

 

A)        For the purposes of determining compliance with subsection (a)(1)(C) of this Section, the owner or operator must:

 

i)          Verify that the source still meets the eligibility criteria in subsection (a)(1)(C); or

 

ii)         Calculate emissions by summing all actual emissions of combined particulate matter, carbon monoxide, nitrogen oxides, sulfur dioxide, and volatile organic material air pollutant emissions from all units associated with the source for the prior calendar year.  The total sum of actual emissions of combined particulate matter, carbon monoxide, nitrogen oxides, sulfur dioxide, and volatile organic material air pollutant emissions for the prior calendar year must be less than or equal to 7 tons, or the total sum of actual emissions of combined particulate matter, carbon monoxide, nitrogen oxides, sulfur dioxide, and volatile organic material air pollutant emissions from the prior two calendar years must be less than or equal to 10 tons.

 

B)        For the purposes of determining compliance with subsections (a)(1)(D), (a)(1)(E) and (a)(1)(F) of this Section, the owner or operator must:

 

i)          Verify that the source still meets the eligibility criteria in subsections (a)(1)(D), (a)(1)(E), and (a)(1)(F) of this Section; or

 

ii)         Calculate emissions by summing all actual emissions from all units at the source for the prior calendar year.  Summed emissions of HAPs, mercury or lead must be less than or equal to 0.5 tons per year, 0.05 tons per year, or 0.05 tons per year, for the prior calendar year, respectively.

 

c)         The following must be included in each initial registration and each re-entry registration:

 

1)         The name, address, and telephone number of the source and of the person responsible for submitting and retaining copies of the registration information and the records;

 

2)         A statement that the source meets the requirements of this Section;

 

3)         A certification that the information submitted in subsections (c)(1) and (c)(2) of this Section is correct or a correction of the information; and

 

4)         The applicable fee pursuant to Section 9.14 of the Act.

 

d)         The owner or operator of an eligible source shall submit the registration required by subsection (c) of this Section as follows:

 

1)         Initial registration:

 

A)        The owner or operator of a source holding a permit may register after the effective date of this Section and no later than their annual fee payment date in fiscal year 2013 (July 1, 2012 through June 30, 2013).  The terms and conditions of a permit issued pursuant to Section 201.169 do not apply during the period the source is registered.  The owner and operator of a ROSS source are still subject to all applicable environmental statutes and regulations.

 

B)        The owner or operator of an operating source not holding a permit shall register no later than July 1, 2012.

 

C)        The owner or operator of a new source shall register at least 10 days before commencing construction or operation and may commence construction or operation 10 days after submittal to the Agency.

 

2)         Annual registration.  The owner or operator of a ROSS source must pay an annual fee on or before their annual fee payment date.  Annual payment of the fee is verification by the owner or operator that the source continues to meet the criteria in subsection (a), as determined by subsection (b)(2), as applicable.

 

3)         Re-entry into ROSS under subsection (h).  The owner or operator of a source that re-enters ROSS based on the criteria in subsection (a), as determined by subsection (b)(1), must register and pay an annual fee on or before their annual fee payment date.

 

e)         The owner or operator shall keep the following records and make them available for inspection by the Agency:

 

1)         A description of the emission units associated with the source and their associated control devices;

 

2)         A description of control efficiency or emission rates of any control devices that are relied upon to meet the criteria for ROSS in subsection (a), as determined by subsection (b)(1) or (b)(2), as applicable;

 

3)         Documentation of the source's actual emissions and calculations demonstrating that the source is eligible for ROSS pursuant to the criteria in subsections (a), as determined by subsection (b)(1) or (b)(2), as applicable.  This documentation may include, but is not limited to, annual material usage or emission rates;

 

4)         A copy of the source's initial registration; and

 

5)         A copy of the owner's or operator's annual fee payment for at least the most recent 5 calendar years.

 

f)         Changes to a ROSS source requiring notification:  The owner or operator of the source must notify the Agency in writing within 45 days after the change to the source, if the information provided in subsection (c)(1) of this Section changes.

 

g)         Changes requiring a new or modified construction or operating permit, or compliance with conditions in an existing permit issued pursuant to Section 201.169:

 

1)         The owner or operator must apply for a permit by the date required by the new regulation or statute if there is a change in a regulation or statutory requirement or a new regulation or statutory requirement that makes a source ineligible for ROSS under the criteria in subsection (a), as determined in subsection (b)(2), as applicable.

 

2)         If the source no longer meets the criteria in subsection (a), as determined by subsection (b)(2), as applicable:

 

A)        The owner or operator of a source that did not have a permit under Section 201.169 prior to registration must apply and comply with the applicable requirements of the Act and 35 Ill. Adm. Code Parts 201 and 203, as follows:

 

i)          If the source is eligible for a permit under Section 201.169, the owner or operator must apply for a permit within 90 days of the source's annual fee payment date.

 

ii)         If the source is not eligible under Section 201.169, the owner or operator must apply for a permit as provided for under the Act and 35 Ill. Adm. Code Parts 201 and 203.

 

iii)        If the source was not constructed or operated at the time of initial registration and has actual emissions in excess of the eligibility levels during the first or second year of operations as determined in subsection (b)(2), the owner or operator must apply for an operating permit and pay construction permit application fees.

 

B)        The owner or operator of a source that had a permit under Section 201.169 prior to registration:

 

i)          If the source is in compliance with the terms and conditions of the permit, the owner or operator shall notify the Agency no later than the source's annual fee payment date of the calendar year following the change in status from a ROSS eligible source to a permitted source.

 

ii)         If the source is not in compliance with the terms and conditions of the permit, but is still eligible for a permit pursuant to Section 201.169, the owner or operator must apply for a new or revised permit within 90 days of the source's annual fee payment date.

 

iii)        If the source is not eligible for a permit pursuant to Section 201.169, the owner or operator must comply with the applicable permitting requirements under the Act and 35 Ill. Adm. Code Parts 201 and 203.

 

h)         Reentry into ROSS:  the owner or operator of a source that changed status to become a permitted source pursuant to subsection (g) of this Section shall submit a registration for ROSS if the source meets the criteria in subsections (a), as determined in subsection (b)(1), in the prior calendar year.

 

(Source:  Added at 36 Ill. Reg. 19790, effective December 5, 2011)

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

 

Section 201.180  Applicability (Repealed)

 

(Source:  Repealed at 22 Ill. Reg. 11451, effective June 23, 1998)

 

Section 201.181  Expiration and Renewal (Repealed)

 

(Source:  Repealed at 22 Ill. Reg. 11451, effective June 23, 1998)

 

Section 201.187  Requirement for a Revised Permit (Repealed)

 

(Source:  Repealed at 22 Ill. Reg. 11451, effective June 23, 1998)

SUBPART F: CAAPP PERMITS

 

Section 201.207  Applicability

 

This Subpart shall apply only to sources subject to Section 39.5 of the Act. The requirements of Sections 201.143 through 201.148 of Subpart C, Sections 201.157 through 201.165 and 201.169 of Subpart D, and Subparts G and H of this Part shall not apply to a source subject to the requirements of Section 39.5 of the Act.

 

(Source:  Amended at 22 Ill. Reg. 11451, effective June 23, 1998)

 

Section 201.208  Supplemental Information

 

Notwithstanding Sections 201.210, 201.211, and 201.212, an applicant for a CAAPP permit shall supplement its application with any information for an emission unit of the source that is needed to determine the applicability of any applicable requirement or to set forth in a permit any applicable requirement, when such information is requested by the Agency, pursuant to Section 39.5(5)(g) of the Act, or when the applicant becomes aware that such information has not been submitted or that incorrect information has been submitted, pursuant to 39.5(5)(i) of the Act.

 

(Source:  Added at 18 Ill. Reg. 15760, effective October 17, 1994)

 

Section 201.209  Emissions of Hazardous Air Pollutants

 

a)         For the purposes of establishing whether an emission unit qualifies as an insignificant activity and providing emission data for an emission unit in a CAAPP application, an applicant may presume that an emission unit does not emit an air pollutant listed as hazardous pursuant to Section 112(b) of the Clean Air Act if:

 

1)         Raw material, other than fuel, for the emission unit contains a concentration by weight of such pollutant that is equal to or less than the following:

 

A)        0.01 percent by weight for the following pollutants if more than 1 ton of the raw material is used annually:  alkylated lead compounds, polycyclic organic matter, hexachloro benzene, mercury, polychlorinated biphenyls, 2,3,7,8-tetrachlorodibenzofurans, and 2,3,7,8-tetrachloridibenzo-p-dioxin; or

 

B)        0.01 percent by weight for pollutants other than those in subsection (a)(1)(A) above if more than 1,000 tons of the raw material are used annually; or

 

C)        0.1 percent by weight for pollutants other than those addressed in subsection (a)(1)(A) or (B) above.

 

2)         The fuel used in the emission unit does not qualify as a hazardous waste and the emission unit is not subject to an applicable requirement for the pollutant.

 

b)         Notwithstanding the above, pursuant to Section 39.5(5)(g) of the Act, the Agency may require an applicant to submit specific information for an emission unit concerning emissions of an air pollutant listed as hazardous pursuant to Section 112(b) of the Clean Air Act.

 

(Source:  Former Section 201.209 renumbered to Section 201.167, new Section 201.209 added at 18 Ill. Reg. 15760, effective October 17, 1994)

 

Section 201.210  Categories of Insignificant Activities or Emission Levels

 

a)         The owner or operator of a CAAPP source, pursuant to 35 Ill. Adm. Code 270, shall submit to the Agency within its CAAPP application a list of the following activities or emission levels:

 

1)         Any emission unit determined to be an insignificant activity by the Agency pursuant to Section 201.211 of this Part;

 

2)         Emission units with emissions that never exceed 0.1 lbs/hr of any regulated air pollutant in the absence of air pollution control equipment and that do not emit any air pollutant listed as hazardous pursuant to section 112(b) of the Clean Air Act;

 

3)         Emission units with emissions that never exceed 0.44 tons/year of any regulated air pollutant in the absence of air pollution control equipment and that do not emit any air pollutant listed as hazardous pursuant to section 112(b) of the Clean Air Act;

 

4)         Direct combustion units designed and used for comfort heating purposes and fuel combustion emission units as follows:

 

A)        Units with a rated heat input capacity of less than 2.5 mmbtu/hr that fire only natural gas, propane or liquefied petroleum gas;

 

B)        Units with a rated heat input capacity of less than 1.0 mmbtu/hr that fire only oil or oil in combination with only natural gas, propane, or liquefied petroleum gas;

 

C)        Units with a rated capacity of less than 200,000 btu/hr which never burn refuse or treated or chemically contaminated wood;

 

5)         Extruders used for the extrusion of metals, minerals, plastics, rubber, or wood, excluding extruders used in the manufacture of polymers, provided that volatile organic materials or class I or II substances subject to the requirements of Title VI of the Clean Air Act are not used as foaming agents or release agents or were not used as foaming agents in the case of extruders processing scrap material;

 

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

 

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

 

8)         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;

 

9)         Equipment used for the mixing and blending of materials at ambient temperature to make water based adhesives provided each material contains less than 5% organic solvent by weight;

 

10)         Storage tanks, as follows:

 

A)        Storage tanks of organic liquids with a capacity of less than 10,000 gallons and an annual throughput of less than 100,000 gallons provided the tank is not used for the storage of any amount of gasoline, including gasoline/ethanol blend fuels, or any amount of material or mixture of any material listed as a hazardous air pollutant pursuant to section 112(b) of the Clean Air Act;

 

B)        Storage tanks of gasoline, including gasoline/ethanol blend fuels, with a capacity of less than 2000 gallons;

 

11)         Storage tanks of virgin or rerefined distillate oil (including kerosene and diesel fuel), hydrocarbon condensate from natural gas pipeline or storage systems, lubricating oil, or residual fuel oils;

 

12)         Die casting machines where a metal or plastic is formed under pressure in a die;

 

13)         Coating operations (excluding powder, architectural and industrial maintenance coating) with aggregate VOM usage that never exceeds 15 lbs/day from all coating lines at the source, including VOM from coating, dilutents, and cleaning materials;

 

14)         Printing operations with aggregate organic solvent usage that never exceeds 750 gallons per year from all printing lines at the source, including organic solvent from inks, dilutents, fountain solutions, and cleaning materials;

 

15)         Gas turbines and stationary reciprocating internal combustion engines of less than 112 kW (150 horsepower) power output;

 

16)         Gas turbines and stationary reciprocating internal combustion engines of between 1118 and 112 kW (1500 and 150 horsepower) power output that are emergency or standby units;

 

17)         Storage tanks of 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;

 

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

 

19)         Fuel dispensing operations and fuel dispensing equipment for the fuels specified in subsections (a)(19)(A) and (B), for mobile sources, including on-road and off-road vehicles, for use in those mobile sources.  For purposes of this subsection (a)(19), fuel dispensing equipment means equipment for transferring fuel to a mobile source, including nozzles, hoses, swivels, breakaways, hose retractors, vapor valves, dispensers, vacuum-assist devices, vapor-return piping, and liquid collection points.  Storage tanks and storage tank equipment are not included in fuel dispensing operations or fuel dispensing equipment and are addressed separately.

 

A)        Gasoline, including gasoline/ethanol blend fuels, if the annual throughput of the fuel dispensed is less than 120,000 gallons (rolling 12 month total).

 

B)        Distillate oil (including kerosene and diesel fuel), biodiesel, and biodiesel/distillate oil blends.

 

b)         The owner or operator of a CAAPP source is not required to individually list the following activities in a CAAPP application pursuant to 35 Ill. Adm. Code 270.  The applicant shall denote whether any of the following activities are present at the source in its CAAPP application:

 

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

 

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

 

3)         Equipment used for hydraulic or hydrostatic testing;

 

4)         General vehicle maintenance and servicing activities at the source, other than fuel handling or dispensing of gasoline (including gasoline/ethanol blend fuels), distillate oil (including kerosene and diesel fuel), biodiesel, or biodiesel/distillate oil blends;

 

5)         Cafeterias, kitchens, and other facilities used for preparing food or beverages primarily for consumption at the source;

 

6)         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;

 

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

 

8)         Laundry dryers, extractors, and tumblers processing clothing, bedding, and other fabric items used at the source that have been cleaned with water solutions of bleach or detergents provided that any organic solvent present in such items before processing that is retained from clean-up operations shall be addressed as part of the VOM emissions from use of cleaning materials;

 

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

 

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

 

11)         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;

 

12)         Restroom facilities and associated clean-up operations, and stacks or vents used to prevent the escape of sewer gases through plumbing traps;

 

13)         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;

 

14)         Storage tanks of organic liquids with a capacity of less than 500 gallons, provided the tank is not used for storage of any amount of material or mixture of any material listed as a hazardous air pollutant pursuant to section 112(b) of the Clean Air Act;

 

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

 

16)         Water treatment or storage systems, as follows:

 

A)          Systems for potable water or boiler feedwater;

 

B)          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;

 

17)         Lawn care, landscape maintenance, and groundskeeping activities;

 

18)         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;

 

19)         Cold cleaning degreasers that are not in-line cleaning machines, where the vapor pressure of the solvents used never exceed 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);

 

20)         Manually operated equipment used for buffing, polishing, carving, cutting, drilling, machining, routing, sanding, sawing, scarfing, surface grinding or turning;

 

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

 

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

 

23)         Firefighting activities and training in preparation for fighting fires conducted at the source;

 

BOARD NOTE:  Open burning permits may be required for certain training activities.

 

24)         Internal combustion engine or boiler (including the fuel system) of motor vehicles, locomotives, aircraft, watercraft, lifttrucks, and other vehicles powered by nonroad engines;

 

25)         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;

 

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

 

27)         Individual points of emission or activities as follows:

 

A)        Individual flanges, valves, pump seals, pressure relief valves and other individual components that have the potential for leaks;

 

B)        Individual sampling points, analyzers, and process instrumentation, whose operation may result in emissions;

 

C)        Individual features of an emission unit such as each burner and sootblowers in a boiler or each use of cleaning materials on a coating or printing line;

 

D)        Individual equipment that is transportable or activities within a facility established for testing units prior to sale or distribution or for purposes of research; and

 

E)        Individual equipment or activities within a pilot plant facility that is used for research or training;

 

BOARD NOTE:  Notwithstanding the foregoing, such points of emissions or activities shall be addressed in a CAAPP application in sufficient detail to identify applicable requirements and demonstrate compliance with such requirements.  Emission data for such activities shall be addressed in the aggregate for each emission unit or group of related emission units.

 

28)         Activities at a source associated with the modification only or construction only of a facility, an emission unit or other equipment at the source; and

 

BOARD NOTE:  Notwithstanding the status of this activity as insignificant, a particular activity that entails modification or construction of an emission unit or construction of air pollution control equipment may require a construction permit pursuant to Section 201.142 of this Part and may subsequently require a revised CAAPP permit.  A revised CAAPP permit may also be necessary for operation of an emission unit after completion of a particular activity if the existing CAAPP permit does not accommodate the new state of the emission unit.

 

29)         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.

 

(Source:  Amended at 38 Ill. Reg. 1005, effective December 23, 2013)

 

Section 201.211  Application for Classification as an Insignificant Activity

 

a)         An owner or operator of a CAAPP source may propose to the Agency in its CAAPP application that an emission unit at the source be treated as an insignificant activity consistent with Section 201.210 of this Part, provided the emission unit meets the following criteria and the owner or operator provides the information required in subsection (b) below regarding the emission unit:

1)         The emission unit would not emit more than 1.0 lb/hr of any regulated air pollutant not listed as hazardous pursuant to Section 112(b) of the Clean Air Act in the absence of air pollution control equipment;

2)         The emission unit would not emit more than 0.1 lb/hr of any regulated air pollutant that is listed as hazardous pursuant to Section 112(b) of the Clean Air Act in the absence of air pollution control equipment; and

3)         The emission unit is not a process unit.

b)         The owner or operator of such emission unit shall include the following information in its CAAPP application:

1)         A description of the emission unit including the function and expected operating schedule of the unit;

2)         A description of any air pollution control equipment or control measures associated with the emission unit;

3)         The emissions of regulated air pollutants in lb/hr and ton/yr;

4)         The means by which emissions were determined or estimated;

5)         The estimated number of such emission units at the source; and

6)         Other information upon which the applicant relies to support treatment of such emission unit as an insignificant activity.

c)         The Agency shall determine whether such emission unit may be treated as an insignificant activity considering factors including, but not limited to, the following:

1)         The amount and nature of emissions;

2)         The basis by which emissions were determined;

3)         The expected consistency and reliability of operation of the emission unit;

4)         The operating schedule or intended use of the emission unit;

5)         The air pollution control equipment or control measures applied to the emission unit;

6)         The nature of applicable requirements;

7)         The environmental impact of such emission unit; and

8)         The potential benefits to the environment if the emission unit were not treated as an insignificant activity.

d)         Unless the Agency notifies the applicant in writing  that the emission unit cannot be treated as an insignificant activity following the Agency's determination in subsection (c) above, the emission unit shall be deemed an insignificant activity for purposes of Section 201.210(a) of this Part.  If the Agency determines that an emission unit cannot be treated as an insignificant activity pursuant to this Section, the Agency shall notify the owner or operator in writing and request that such owner or operator submit the information required in a CAAPP application pursuant to Agency procedures regarding the  emission unit within a reasonable time frame.  The owner or operator shall submit the requested information to the Agency within the time frame stated in the request.

 

(Source:  Added at 18 Ill. Reg. 15760, effective October 17, 1994)

 

Section 201.212  Revisions to Lists of Insignificant Activities or Emission Levels

 

a)         The owner or operator of a CAAPP source is not required to notify the Agency of additional insignificant activities present at the source of a type that were previously listed in its CAAPP application pursuant to Section 201.210(a) or 201.211 of this Part, until its renewal CAAPP application is submitted.

 

b)         The owner or operator of a CAAPP source seeking to add a new insignificant activity of a type provided under Section 201.210(a) or 201.211 of this Part that was not previously listed in its CAAPP application must notify the Agency pursuant to Section 39.5(12)(b) of the Act.

 

c)         The owner or operator of a CAAPP source is not required to notify the Agency of additional insignificant activities present at the source of a type that were previously listed in its CAAPP application pursuant to Section 201.210(b) of this Part or any new insignificant activities of a type provided under Section 201.210(b) of this Part that were not previously listed in its CAAPP application, until its renewal CAAPP application is submitted.

 

(Source:  Added at 18 Ill. Reg. 15760, effective October 17, 1994)

SUBPART H: COMPLIANCE PROGRAMS AND PROJECT COMPLETION SCHEDULES

 

Section 201.241  Contents of Compliance Program

 

A compliance program shall contain, as a minimum, the following data and information:  the nature and/or type of the proposed air pollution control equipment or proposed air pollution control technique which has been chosen to achieve compliance; the cost, availability and technical reasonableness of the proposed air pollution control equipment or proposed air pollution control technique, including detailed cost analyses and copies of engineering reports or studies sufficient to prove to the Agency that the compliance program will result in compliance with applicable standards and limitations of Subchapter c of this Chapter.

 

Section 201.242  Contents of Project Completion Schedule

 

a)         A project completion schedule shall contain, as a minimum, the following data and information:  a final compliance date, which date shall be no later than the applicable date prescribed in Subchapter c of this Chapter; and reasonable interim dates by which various increments of the proposed compliance program shall be completed, such as dates when contracts will be awarded, dates for equipment delivery and dates for construction of preliminary structural work.

 

b)         The Agency may adopt procedures which require data and information in addition to and in amplification of the matters specified in subsection (a), and which set forth the format by which all data and information shall be submitted.

 

Section 201.243  Standards for Approval

 

No compliance program and project completion schedule shall be approved unless the applicant submits proof to the Agency that:

 

a)         The compliance program will result in timely compliance with the applicable standards and limitations of Subchapter c of this Chapter; and

 

b)         The owner or operator has provided adequate proof that it is committed to the compliance program or project completion schedule, including, in the case of a corporation, certification by a duly authorized officer of such corporation that such corporation approves each and every provision of such program and of such schedule.

 

Section 201.244  Revisions

 

The owner or operator of an emission source or air pollution control equipment subject to an approved compliance program and project completion schedule may request a revision of such program or schedule at any time.  In addition, the Agency may require a revision upon any change in the Act or this Chapter. The Agency shall not approve any revision which contains a final compliance date later than the applicable date prescribed in Subchapter c of this Chapter.

 

Section 201.245  Effects of Approval

 

The approval of a compliance program and project completion schedule shall be a condition precedent to the issuance and effectiveness of a permit pursuant to Subpart D.  An approved compliance program and project completion schedule, and full compliance therewith, and a current operating permit, shall be a prima facie defense to any enforcement action alleging a violation of the standards or limitations set forth in Subchapter c of this Chapter with respect to any air contaminant included in such program and schedule during the period of the program.  Failure to adhere to an approved compliance schedule shall constitute a violation of this Part for which appropriate sanctions may be sought in accordance with the Act.

 

Section 201.246  Records and Reports

 

Any person subject to this Subpart shall maintain such records and make such reports as may be required in procedures adopted by the Agency pursuant to Subpart K.

 

Section 201.247  Submission and Approval Dates

 

The owner or operator of an emission source required to have a compliance plan and project completion schedule shall have a compliance plan and a project completion schedule, where applicable, approved by the Agency by the dates indicated in Subchapter c of this Chapter.  A compliance plan and project completion schedule, where applicable, shall be submitted at least 90 days before the date required in Subchapter c of this Chapter.

SUBPART I: MALFUNCTIONS, BREAKDOWNS OR STARTUPS

 

Section 201.261  Contents of Request for Permission to Operate During a Malfunction, Breakdown or Startup (Repealed)

 

(Source:  Repealed at 47 Ill. Reg. 12089, effective July 25, 2023)

 

Section 201.262  Standards for Granting Permission to Operate During a Malfunction, Breakdown or Startup (Repealed)

 

(Source:  Repealed at 47 Ill. Reg. 12089, effective July 25, 2023)

 

Section 201.263  Records and Reports (Repealed)

 

(Source:  Repealed at 47 Ill. Reg. 12089, effective July 25, 2023)

 

Section 201.264  Continued Operation or Startup Prior to Granting of Operating Permit (Repealed)

 

(Source:  Repealed at 47 Ill. Reg. 12089, effective July 25, 2023)

 

Section 201.265  Effect of Granting of Permission to Operate During a Malfunction, Breakdown or Startup (Repealed)

 

(Source:  Repealed at 47 Ill. Reg. 12089, effective July 25, 2023)

SUBPART J: MONITORING AND TESTING

 

Section 201.281  Permit Monitoring Equipment Requirements

 

Except as otherwise provided at Subpart L of this Part, every emission source or air pollution control equipment shall be equipped with such monitoring instruments as may be required as a condition to a permit issued by the Agency.  The permit may require that such monitoring instruments be continuous or intermittent. Such monitoring instruments shall be installed, maintained and operated at the expense of the owner or operator of the emission source or air pollution control equipment.  A permit condition to monitor is appealable to the Board pursuant to Section 40 of the Act.

 

(Source:  Amended at 13 Ill. Reg. 2066, effective February 3, 1989)

 

Section 201.282  Testing

 

Every emission source or air pollution control equipment shall be subject to the following testing requirements for the purpose of determining the nature and quantities of specified air contaminant emissions and for the purpose of determining ground level and ambient air concentrations of such air contaminants:

 

a)         Testing by Owner or Operator.  The Agency may require the owner or operator of the emission source or air pollution control equipment to conduct such tests in accordance with procedures adopted by the Agency, at such reasonable times as may be specified by the Agency and at the expense of the owner or operator of the emission source or air pollution control equipment.  The Agency may adopt procedures detailing methods of testing and formats for reporting results of testing.  Such procedures, and revisions thereto, shall not become effective until filed with the Secretary of State, as required by the APA Act.  All such tests shall by made by or under the direction of a person qualified by training and/or experience in the field of air pollution testing.  The Agency shall have the right to observe all aspects of such tests.

 

b)         Testing by the Agency.  The Agency shall have the right to conduct such tests at any time at its own expense. Upon request of the Agency, the owner or operator of the emission source or air pollution control equipment shall provide, without charge to the Agency, necessary holes in stacks or ducts and other safe and proper testing facilities, including scaffolding, but excluding instruments and sensing devices, as may be necessary.

 

Section 201.283  Records and Reports

 

Any person subject to this Subpart shall maintain such records and make such reports as may be required in procedures adopted by the Agency pursuant to Subpart K.

SUBPART K: RECORDS AND REPORTS

 

Section 201.301  Records

 

The owner or operator of any emission source or air pollution control equipment must maintain:  records detailing all activities under any compliance program and project completion schedule in compliance with Subpart H; records of all monitoring and testing conducted in compliance with Subpart J, plus records of all monitoring and testing of any type whatsoever conducted with respect to specified air contaminants.  All records must be made available to the Agency at any reasonable time.

 

a)         The Agency may adopt procedures which:

 

1)         Require additional records be maintained consistent with this Part; and

 

2)         Specify the format in which all records must be maintained.

 

b)         The procedures and formats, and revisions, will not become effective until filed with the Secretary of State as required by the Illinois Administrative Procedure Act [5 ILCS 100].

 

(Source:  Amended at 47 Ill. Reg. 12089, effective July 25, 2023)

 

Section 201.302  Reports

 

a)         The owner or operator of any emission unit or air pollution control equipment meeting the applicability criteria contained in 35 Ill. Adm. Code 254.102 shall submit to the Agency as a minimum, annual reports detailing the nature, specific emission units and total annual quantities of all specified air contaminant emissions; provided, however, that the Agency may require more frequent reports when necessary to accomplish the purposes of the Act and this Chapter.

 

b)         The Agency may adopt procedures which require that additional reports be submitted, and which set forth the format in which all reports shall be submitted.  Such procedures and formats, and revisions thereto, shall not become effective until filed with the Secretary of State as required by the Illinois Administrative Procedure Act.

 

c)         All emission data received by the Agency, shall be available for public inspection at reasonable times and upon reasonable notice.

 

 (Source:  Amended at 38 Ill. Reg. 1005, effective December 23, 2013)

SUBPART L: CONTINUOUS MONITORING

 

Section 201.401  Continuous Monitoring Requirements

 

a)         Except as otherwise provided at Section 201.402 and Section 201.403, the owners and operators of the following emission sources shall install, operate, calibrate and maintain continuous monitoring equipment for the indicated pollutants.

 

1)         Fossil fuel-fired steam generators with an annual average capacity factor greater than 30%, as reported to the Federal Power Commission for calendar year 1974, or as otherwise demonstrated to the Agency through the use of annual production data and equipment rating information representative of the facility's operations, shall monitor for:

 

A)        Opacity, when the steam generator is greater than 250 million Btu per hour heat input unless:

 

i)          Gas is the only fuel burned; or

 

ii)         Oil or a mixture of gas and oil are the only fuels burned and the source can comply with the limitations applicable to that source for particulate matter and opacity without use of collection equipment for particulate matter and the source has never been found to be in violation of an applicable visible or particulate emission standard through any administrative or judicial proceedings.

 

B)        Nitrogen oxides, when:

 

i)          The steam generator is greater than 1000 million Btu per hour heat input;

 

ii)         The facility is located in an Air Quality Control Region where the Administrator, U.S. Environmental Protection Agency, has specifically determined pursuant to Section 107 of the Clean Air Act (42 U.S.C. 7407) that a control strategy for nitrogen dioxide is necessary to attain the national standards; and

 

iii)        The owner or operator has not demonstrated during compliance tests that the source emits nitrogen oxides at levels less than 30% or more below the emissions standards applicable to that source.  Such compliance tests shall be performed pursuant to regulations promulgated by the U.S. Environmental Protection Agency under Section 111 of the Clean Air Act (42 USC 7411), as amended.  The provisions of Section 111 of the Clean Air Act...relating to standards of performance for new stationary sources...are applicable in this State and are enforceable under [the Environmental Protection Act].  (Ill. Rev. Stat. ch. 111˝, par. 1009.1(b))

 

C)        Sulfur dioxide, when the steam generator is greater than 250 million Btu per hour heat input and which has installed and operates sulfur dioxide pollution control equipment.

 

D)        Percent oxygen or carbon dioxide, when measurements of oxygen or carbon dioxide in the flue gas are required in regulations adopted by the U.S. Environmental Protection Agency under Section 111 of the Clean Air Act, (42 USC 7411) as amended, to convert sulfur dioxide or nitrogen oxide continuous emissions data to units of the emission standard applicable to that source.  The provisions of Section 111 of the Clean Air Act relating to standards of performance for new stationary sources are applicable in this State and are enforceable under [the Illinois Environmental Protection Act].  (Ill. Rev. Stat., ch. 111˝, par. 1009.1(b))

 

2)         Sulfuric acid plants of greater than 300 tons per day production capacity, the production being expressed as 100 percent acid, shall monitor for sulfur dioxide at each point of sulfur dioxide emission.

 

3)         Nitric acid plants of greater than 300 tons per day production capacity, the production capacity being expressed as 100 percent acid, located in an Air Quality Control Region where the Administrator, U.S. Environmental Protection Agency, has specifically determined pursuant to Section 107 of the Clean Air Act that a control strategy for nitrogen dioxide is necessary to attain the national standard, shall monitor for nitrogen oxides at each point of nitrogen oxide emission.

 

4)         Petroleum refineries shall monitor for opacity at each catalyst regenerator for fluid bed catalytic cracking units of greater than 20,000 barrels per day fresh feed capacity.

 

b)         Except for sources permitted to use alternative monitoring pursuant to Section 201.402, compliance with the Illinois emissions limitations by the owners and operators of emission sources required to monitor continuously shall be determined by the use of equipment which meets the performance specifications set forth in paragraphs 3.1 through 3.8 of 40 CFR 51, Appendix P (1987) (this incorporation includes no later amendments or editions), and relevant regulations promulgated by the U.S. Environmental Protection Agency under Section 111 of the Clean Air Act (42 USC 7411), as amended. The provisions of Section 111 of the Clean Air Act relating to standards of performance for new stationary sources...are applicable in this State and are enforceable under [the Environmental Protection Act].  (Ill. Rev. Stat., ch. 111˝, par. 1009.1(b))

 

(Source:  Amended at 15 Ill. Reg. 17699, effective November 26, 1991)

 

Section 201.402  Alternative Monitoring

 

Alternative monitoring requirements for sources subject to Section 201.401(a) shall be prescribed by permit upon a demonstration by the owner or operator that continuous monitoring is technically unreasonable or infeasible due to physical plant limitations or would impose an extreme economic burden.  It shall be demonstrated that the installation, location  or operation of a continuous monitoring system or device:

 

a)         Would not provide accurate determinations of nitrogen dioxide, sulfur dioxide, carbon dioxide, percent oxygen, or opacity; or

 

b)         Cannot be installed due to the facility's physical constraints such as size, space or strength of materials, or due to safety considerations; or

 

c)         Would impose an extreme economic burden in proportion to the significance of the monitoring information which would be provided, in that the cost of monitoring would exceed the norm for similar sources and those costs would have a significant adverse effect on the profitability of the operations.

 

(Source:  Added at 13 Ill. Reg. 2066, effective February 3, 1989)

 

Section 201.403  Exempt Sources

 

The following emission sources are exempt from the requirements of this Subpart:

 

a)         Any source subject to monitoring requirements which are part of a new source performance standard adopted by USEPA pursuant to Section 111 of the Clean Air Act and made applicable in Illinois pursuant to Section 9.1 of the Act; or

 

b)         Any source not subject to either the generally applicable emission limitation established pursuant to the Act or Board regulation or an alternative, adjusted or site specific standard approved by the Board.

 

(Source:  Added at 13 Ill. Reg. 2066, effective February 3, 1989)

 

Section 201.404  Monitoring System Malfunction

 

The monitoring and recording requirements of this Subpart shall not be applicable during any period of a monitoring system or device malfunction if demonstrated by the owner or operator of the source that the malfunction was unavoidable and is being repaired as expeditiously as practicable. This demonstration may include, but is not limited to, evidence that the device has been properly calibrated and maintained, adequate spare parts are on hand, and trained technicians are available to make repairs.

 

(Source:  Added at 13 Ill. Reg. 2066, effective February 3, 1989)

 

Section 201.405  Excess Emission Reporting

 

Owners and operators of sources subject to the continuous monitoring requirements of this Subpart shall report the following information:

 

a)         For periods of emissions in excess of any emission limitation applicable to the source adopted by the Board:  

 

1)         The starting date and time of the excess emissions;

 

2)         The duration of the excess emissions;

 

3)         The magnitude of excess emissions;

 

4)         The cause of the excess emissions, if known;

 

5)         Corrective actions and actions taken to lessen the emissions;

 

6)         The operating status of the monitoring system, including the dates and times of any periods during which it was inoperative; and

 

7)         Other information, including but not limited to, monitoring location, monitoring maintenance records and source operating hours, which the Agency may require by permit.

 

b)         For gaseous sulfur dioxide, percent oxygen, or carbon dioxide measurements, the averaging period used for data reporting shall correspond to the averaging period used to determine compliance with the emission limitation applicable to the source.  The report shall consist of emission averages in the units of the applicable limitation for each averaging period during which the limitation was exceeded.

 

c)         For opacity measurements, the report shall be based on six minute averages of opacity and contain.

 

1)         The percent opacity for each continuous opacity excess period; and

 

2)         The start and stop time in six minute increments of any opacity measurements in excess of the limitation.

 

d)         If there were no excess emissions during the reporting period, the report shall so state and include information about the operating status of the monitoring equipment during that period.

 

e)         Reports shall be submitted within 45 days of the end of every calendar quarter.

 

(Source:  Amended at 13 Ill. Reg. 19444, effective December 5, 1989)

 

Section 201.406  Data Reduction

 

To convert monitoring data to the units of the emission limitation, owners and operators of sources subject to this Subpart shall use:

 

a)         The procedures specified in 35 Ill. Adm. code 230 or in regulations adopted by the U.S. Environmental Protection Agency under Section 111 of the Clean Air Act and made applicable in Illinois pursuant to Section 9.1 of the Illinois Environmental Protection Act; or where necessary

 

b)         The procedures specified in 40 CFR 51, Appendix P, paragraph 5 (1987).  This incorporation includes no later amendments or editions; or

 

c)         Alternative measurement and data reduction methods may be utilized if demonstrated by the owner or operator of the affected source by means including, but not limited to, instrument accuracy tests that such alternative methods will provide information equivalent to the information which would be provided by the above methods.

 

(Source:  Added at 13 Ill. Reg. 2066, effective February 3, 1989)

 

Section 201.407  Retention of Information

 

Owners and operators of sources which are subject to the monitoring and recording requirements of this Subpart shall maintain files of emission information at the facility and make the information available to the Agency upon request.  This information shall be retained for at least two years from the date of collection, and shall include:

 

a)         Emission measurements;

 

b)         Continuous monitoring system performance testing measurements;

 

c)         Performance evaluations;

 

d)         Calibration checks;

 

e)         Maintenance and adjustments performed;

 

f)         Quarterly reports submitted pursuant to Section 201.405; and

 

g)         Data reduction information used pursuant to Section 201.406.

 

(Source:  Added at 13 Ill. Reg. 2066, effective February 3, 1989)

 

Section 201.408  Compliance Schedules

 

Owners and operators of sources subject to Section 201.401 shall install all necessary equipment and monitor in accordance with the compliance schedule contained in the permit issued by the Agency.  This schedule shall provide that monitoring and recording begin within 18 months of this Subpart being approved by the USEPA pursuant to Section 110(a)(3)(A) of the Clean Air Act as a revision to the State Implementation Plan, unless the owner or operator has been granted a variance pursuant to Section 35(a) of the Act allowing a longer compliance schedule.

 

(Source:  Added at 13 Ill. Reg. 2066, effective February 3, 1989)

SUBPART M: PERMIT BY RULE (PBR) - GENERAL PROVISIONS

Section 201.500  Purpose

 

The purpose of this Subpart is to implement the PBR program provided for in Section 39.12 of the Act for classes of emission units described in this and following Subparts that address specific types of units covered by the PBR program.  By fulfilling all the applicable requirements of this Subpart and the applicable Subpart for the specific type of emission unit, an owner or operator of a source seeking a PBR for an emission unit is considered to have met the requirement to submit an application for a construction permit and obtain such a construction permit pursuant to Section 9(b) of the Act and 35 Ill. Adm. Code 201.142, 201.152, and 201.160(a).

 

(Source:  Added at 41 Ill. Reg. 4140, effective March 24, 2017)

 

Section 201.505  Applicability

 

a)         An owner or operator of a source is eligible to obtain a PBR for a proposed new or modified emission unit if:

 

1)         The proposed emission unit will be located at a CAAPP source that has a CAAPP permit pursuant to Section 39.5 of the Act;

 

2)         There is a PBR that has been adopted and become effective within this Part that is applicable to the proposed emission unit;

 

3)         The proposed emission unit, either alone or as part of a larger project, is not subject to any pre-construction permitting requirements for a major new source or major modification pursuant to 40 CFR 52.21 or Section 9.1(c) of the Act, including 35 Ill. Adm. Code 203 and any other regulations adopted pursuant to Section 9.1(c) of the Act; and

 

4)         The proposed emission unit is not an element in a larger project that otherwise requires a construction permit pursuant to this Part or the Act.

 

b)         A PBR does not:

 

1)         Exempt any owner or operator from the requirements of the CAA or the Act, including determining whether construction or modification of an emission unit, by itself or as part of a project, constitutes a major modification or major source; 

 

2)         Exempt any owner or operator from any requirement to notify the Agency or list insignificant activities and emissions levels for CAAPP permit purposes;

 

3)         Relieve the owner or operator of a source from the requirement of including the emissions associated with the emission unit in any pre-construction permitting application for a major new source or major modification pursuant to 40 CFR 52.21 or Section 9.1(c) of the Act, including 35 Ill. Adm. Code 203 and any other regulations adopted pursuant to Section 9.1(c) of the Act;

 

4)         Relieve the owner or operator of the emission unit from any applicable requirements of Section 39.5 of the Act for the emission unit, including any requirement to submit a timely application for a new or modified CAAPP permit that addresses the emission unit; or

 

5)         Relieve the owner or operator of the source from compliance with other applicable statutes and regulations of the United States or the State of Illinois, or with applicable local laws, ordinances, and regulations.

 

(Source:  Added at 41 Ill. Reg. 4140, effective March 24, 2017)

 

Section 201.510  Notice of Intent to Be Covered by a PBR (Notification)

 

a)         An owner or operator of a source seeking to construct or modify an emission unit pursuant to this Subpart M and the applicable PBR Subpart must submit a complete Notification, including fees, prior to commencing construction or modification of the emission unit.  A complete Notification containing the following information and fees must be submitted to the Agency's Permit Section at the address provided in Section 201.530(f)(1):

 

1)         The owner's or operator's name, the name of the source, and the applicable Agency Bureau of Air Identification Number;

 

2)         Name, site address, mailing address (if different from site address), e-mail address, and telephone number of the source's contact;

 

3)         Statement noting whether the emission unit is a new emission unit or a modified emission unit (including a reconstructed emission unit);

 

4)         The location of the emission unit at the source;

 

5)         The identity of the new emission unit or the identity of the current emission unit prior to modification, applicable permit numbers, and the description of the modification or reconstruction of the emission unit;

 

6)         A statement that indicates which PBR applies to the emission unit;

 

7)         A statement as to whether the proposed emission unit will be an element in a larger project; if it is, all of the following information must also be included:

 

A)        A description of the larger project;

 

B)        A statement describing why a construction permit will not be required for any element of that project; and

 

C)        A demonstration that the potential emissions of each regulated NSR pollutant, as defined in 40 CFR 52.21, as incorporated by reference in Section 201.104, from the project will be less than 80 percent of the relevant significant emission rates under 40 CFR 52.21, 35 Ill. Adm. Code 203, and any other regulations adopted pursuant to Section 9.1(c) of the Act;

 

8)         Identification of construction permits and PBRs received in the last two years and a demonstration that the requested PBR should not be aggregated with, and considered an element of, any of these projects that were addressed by the construction permits and PBRs identified;

 

9)         The specific information required by the applicable PBR Subpart Notification requirement for this type of emission unit;

 

10)         A statement noting whether the source is major or non-major for emissions of HAPs pursuant to Section 39.5(2)(c)(i) of the Act.  If the source is non-major, the Notification must include documentation for the determination;

 

11)         A certification signed by the responsible official, as defined in Section 39.5 of the Act, that, under penalty of law, based on information and belief formed after reasonable inquiry, the statements and information contained in the Notification are true, accurate, and complete and that the emission unit is eligible for the PBR selected pursuant to subsection (a)(6); and

 

12)         Payment of the fee that applies to the owner or operator of the source pursuant to Section 9.12 of the Act for the proposed construction or modification of a single emission unit.

 

b)         The Agency will acknowledge receipt of the Notification within 30 days.

 

(Source:  Added at 41 Ill. Reg. 4140, effective March 24, 2017)

 

Section 201.515  Commencing Construction or Modification

 

a)         For the emission unit addressed by a complete Notification, the owner or operator of the source may commence construction or modification after submittal of a complete Notification in accordance with Section 201.510. 

 

b)         If the submitted Notification is incomplete, the emission unit is not covered by a PBR and the owner or operator has not met the requirement to submit an application for a construction permit and to obtain the construction permit pursuant to Section 9(b) of the Act and 35 Ill. Adm. Code 201.142, 201.152, and 201.160(a). The owner or operator of the source may not commence construction or modification of the emission unit until it has submitted a complete Notification to the Agency in accordance with Section 201.510 or received a construction permit issued by the Agency.

 

(Source:  Added at 41 Ill. Reg. 4140, effective March 24, 2017)

 

Section 201.520  Modification or Change in Status of an Emission Unit Covered by a PBR

 

a)         If the owner or operator  proposes to modify an emission unit covered by a PBR, the owner or operator of the source must submit a new Notification for a PBR or obtain a construction permit for the modification pursuant to this Part and the Act, as applicable.

 

b)         If a proposed modification of the source at which an emission unit covered by a PBR is located will cause the source to become a major source of HAPs as defined in Section 39.5(2)(c)(i) of the Act, the owner or operator must submit a new Notification for a PBR for the emission unit.

 

(Source:  Added at 41 Ill. Reg. 4140, effective March 24, 2017)

 

Section 201.525  Standard Conditions for PBR

 

a)         Duration.  A PBR will expire one year from the date of submittal of the complete Notification unless a continuous program of construction on this project has commenced by that time.

 

b)         The construction covered by a PBR must be performed in compliance with applicable provisions of the PBR, the Act, and regulations adopted by the Board.

 

c)         The owner or operator of the emission unit must comply with all applicable requirements of Subpart M and the applicable PBR Subpart.

 

d)         The owner or operator of the emission unit must submit an updated Fee Determination for CAAPP Permit form prior to commencing operation of the proposed emission unit if there is an increase in allowable emissions over the existing permitted allowable emissions for fee purposes as a result of the construction or modification of the emission unit.

 

(Source:  Added at 41 Ill. Reg. 4140, effective March 24, 2017)

 

Section 201.530  Recordkeeping and Reporting

 

The owner or operator of the emission unit must:

 

a)         Keep and maintain all records used to demonstrate initial compliance and ongoing compliance with the applicable requirements of Subpart M and the applicable PBR Subpart, as well as any additional records required by and reported pursuant to those Subparts, for at least five years from the date the document is created and make all records available to the Agency for inspection and copying upon request. These records include any records required by State or federal laws or regulations and any materials submitted to the Agency or USEPA pertaining to the emission unit.  Any record retained in an electronic format must be capable of being retrieved and printed on paper during normal source office hours.

 

b)         Notify the Agency of the emission unit's actual start-up date no later than 30 days after that date, unless an earlier date is specified in the applicable PBR.

 

c)         Except as otherwise provided in this Subpart M or the applicable PBR Subpart, submit a written report of any deviations from the applicable emission standards, emission limitations, operational restrictions, qualifying criteria, work practice requirements, or control equipment operating parameter limitations set forth in this Subpart M and the applicable PBR Subpart.  The report must be submitted to the Agency within 30 days after the date the deviation occurred and must describe the deviation (including the date, time, and duration of the deviation), identify the specific requirement from which the deviation occurred and the total amount of excess emissions during the deviation, and describe the probable cause of the deviation and any corrective actions or preventive measures that have been or will be taken.

 

d)         If required to conduct a performance test:

 

1)         Submit to the Agency a testing protocol as required by the applicable PBR Subpart at least 45 days prior to the scheduled performance test.  Upon written request directed to the Bureau of Air's Compliance Section, the Agency may waive the 45-day requirement.  A waiver is only effective if it is provided in writing by the Bureau of Air;

 

2)         Notify the Agency in writing of the date of performance testing at least 30 days prior to testing and again 5 days prior to the testing, unless the emission unit is subject to other State or federal requirements that specify a longer notification period.  Upon written request directed to the Bureau of Air's Compliance Section, the Agency may waive either or both of these requirements.  A waiver is only effective if it is provided in writing by the Bureau of Air;

 

3)         If, after the 30-day notice for an initially scheduled performance test is sent, there is a delay (e.g., due to operational problems) in conducting the test as scheduled, notify the Agency of the delay in the original test date, directed to the Bureau of Air's Compliance Section, as soon as practicable.  This must be done either by providing at least a 7-day notice of the rescheduled date of the test or by arranging a new test date with the Agency by mutual agreement;

 

4)         Not later than 60 days after the completion of the performance test, submit the results of the test to the Agency.

 

e)         Submit any monitoring information required by the PBR as part of the Semi-Annual Monitoring Report required by the source's CAAPP permit.

 

f)         Provide copies of all required reports and Notifications as follows:

 

1)         One copy of the new or amended Notification must be sent to:

 

Illinois Environmental Protection Agency

Bureau of Air

Permit Section (#11)

P.O. Box 19506

Springfield, Illinois 62794-9506

 

2)         One copy of all other reports and notices must be sent to:

 

Illinois Environmental Protection Agency

Bureau of Air

Compliance Section (#40)

P.O. Box 19276

Springfield, Illinois 62794-9276

 

(Source:  Added at 41 Ill. Reg. 4140, effective March 24, 2017)

 

Section 201.535  Authority to Operate

 

For eligible emission units under Section 201.505, the owner or operator of a proposed emission unit must submit a complete application to the Agency for a minor modification to the CAAPP permit for the source to address the emission unit, pursuant to Section 39.5(14) of the Act, before the emission unit begins operation.  The application for minor permit modification must address all applicable requirements contained in this Subpart M, the applicable PBR Subpart, and Section 39.5(14) of the Act.  Pursuant to Section 39.5(14)(a)(vi) of the Act, the owner or operator may begin operating the emission unit immediately after it files the application.  Until the Agency takes any of the actions specified in Section 39.5(14)(a)(v)(A) through (C) of the Act, the owner or operator must comply with both the applicable requirements governing the emission unit and the proposed terms and conditions of the suggested draft of the modified CAAPP permit in the application, pursuant to Section 39.5(14)(a)(iii)(B) of the Act.

 

(Source:  Added at 41 Ill. Reg. 4140, effective March 24, 2017)

 

Section 201.540  Enforcement Authority

 

Nothing in this Subpart limits the State's authority to seek penalties and injunctive relief for any violation of any applicable State law or regulation. Nothing in this Subpart limits the right of the federal government or any person to directly enforce against owners or operators due to actions or omissions that constitute violations of permits required by the CAA or applicable laws and regulations.

 

a)         Any owner or operator of a source that commences construction or modification of an emission unit and submits a Notification pursuant to Section 201.510 that is incomplete, or fails to submit any Notification, is deemed to have constructed without the benefit of a permit under Section 9(b) of the Act and 35 Ill. Adm. Code 201.142, 201.152, and 201.160(a) unless the Agency has issued a construction permit other than a PBR for the emission unit pursuant to Section 9(b) of the Act.  A violation exists even if it is determined that the Notification was incomplete after construction or modification has already occurred.

 

b)         Any owner or operator of a source that submits a Notification and commences operation of an emission unit covered by a PBR, but fails to submit a complete application for a minor modification to the CAAPP permit in accordance with Section 39.5(14) of the Act, is deemed to have operated without the benefit of a permit under Section 39.5(6)(b) of the Act.  A violation exists even if it is determined that the application for a minor permit modification was incomplete after operation has already occurred.

 

c)         Any owner or operator of an emission unit covered by a PBR that violates any condition of this Subpart or the applicable PBR Subpart is deemed to have violated Sections 39.12(e) and 9(b) of the Act, as well as any other applicable State or federal regulation or portion of the Act.  If such a violation occurs after the emission unit has commenced operation, the owner or operator is also deemed to have violated Section 39.5(6)(a) of the Act.

 

(Source:  Added at 41 Ill. Reg. 4140, effective March 24, 2017)

SUBPART N: PERMIT BY RULE (PBR) – BOILERS LESS THAN OR EQUAL TO 100 MMBTU/HR

 

Section 201.600  Applicability

 

An owner or operator of a source seeking a PBR for a new or modified boiler is eligible to obtain a PBR under this Subpart N if:

 

a)         The boiler has a maximum design heat input capacity of:

 

1)         Less than or equal to 50 MMBtu/hr; or

 

2)         Greater than 50 MMBtu/hr and less than or equal to 100 MMBtu/hr and is equipped with low-NO_x burners designed by the manufacturer to meet a NO_x emission limit of not greater than 0.05 lb/MMBtu;

 

b)         The boiler primarily burns pipeline natural gas, butane, propane, or refinery fuel gas;

 

c)         The only backup or reserve fuel burned in the boiler is diesel fuel, butane, or propane.  If diesel fuel is the backup fuel, the burning of diesel fuel in the boiler must be such that, as appropriate, the boiler is a "unit designed to burn gas 1 subcategory," as defined by 40 CFR 63.7575, or a "gas-fired boiler," as defined by 40 CFR 63.11237 as incorporated by reference in Section 201.104; and

 

d)         The emissions from the boiler consist entirely of the products of fuel combustion.

 

(Source:  Added at 41 Ill. Reg. 4140, effective March 24, 2017)

 

Section 201.605  Boiler Notice of Intent to Be Covered by a PBR (Notification)

 

The Notification for a PBR pursuant to this Subpart must also include the following information, in addition to the information specified by Section 201.510:

 

a)         The primary fuel that will be burned by the boiler, along with the maximum rated heat input capacity of the boiler (MMBtu/hr) and a copy of the manufacturer's specifications for the boiler.

 

b)         Whether the boiler would be a temporary boiler as defined by 40 CFR 60.41c and 63.7575 or 63.11237 as incorporated by reference in Section 201.104, and, if it would be, a demonstration that the criteria set forth in the definition of a temporary boiler are met, and the expected period or periods in which the boiler would be at a location or locations at the source.

 

c)         The potential emissions of individual pollutants from the boiler in lb/hr, tons/month, and tons/year, including emissions of PM, PM₁₀ (including both filterable and condensable particulate), PM_2.5 (including both filterable and condensable particulate), NO_x, CO, VOM, and SO₂, based on continuous operation of the boiler at its rated heat input capacity combusting its primary fuel, with supporting documentation and calculations.

 

d)         Whether the boiler will have the capability to burn diesel fuel, butane, propane, or refinery fuel gas and, if so, the potential SO₂ emissions of the boiler from the use of such fuel.

 

e)         If the boiler or the source at which the boiler would be located does not meet the applicability criteria in 35 Ill. Adm. Code 217.150(a)(1)(A) or (a)(1)(B), an identification of the criteria that are not met, with explanation.

 

(Source:  Added at 41 Ill. Reg. 4140, effective March 24, 2017)

 

Section 201.610  Federal NSPS and NESHAP Requirements

 

The owner or operator must comply with the requirements of all applicable federal regulations for the PBR boiler, including the following limits, work practice standards, testing, monitoring, recordkeeping, and reporting requirements:

 

a)         40 CFR 60, subpart A, Standards of Performance for New Stationary Sources: General Provisions, as incorporated by reference in Section 201.104.

 

b)         40 CFR 60, subpart Dc, Standards of Performance for Small Industrial-Commercial-Institutional Steam Generating Units, as incorporated by reference in Section 201.104. 

 

c)         40 CFR 63, subpart A, National Emission Standards for Hazardous Air Pollutants for Source Categories: General Provisions, as incorporated by reference in Section 201.104. 

 

d)         40 CFR 63, subpart DDDDD, National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters, as incorporated by reference in Section 201.104.  

 

e)         40 CFR 63, subpart JJJJJJ, National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers Area Sources, as incorporated by reference in Section 201.104.

 

(Source:  Added at 41 Ill. Reg. 4140, effective March 24, 2017)

 

Section 201.615  Opacity Requirements

 

The owner or operator of the source must comply with the applicable provisions of 35 Ill. Adm. Code 212.Subpart B.

 

(Source:  Added at 41 Ill. Reg. 4140, effective March 24, 2017)

 

Section 201.620  Requirements for Use of Diesel Fuel and Refinery Fuel Gas

 

a)         For a PBR boiler to burn diesel fuel as a backup fuel, the owner or operator must:

 

1)         Comply with the applicable provisions of 35 Ill. Adm. Code 214.Subpart B or D when burning diesel fuel;

 

2)         Comply with the particulate emission standard in 35 Ill. Adm. Code 212.206 when diesel fuel is burned;

 

3)         Maintain records that include the following information:

 

A)        Date, time, and duration of any period when diesel fuel was fired in the boiler, the amount of diesel fuel that was fired, and the reason diesel fuel was fired, e.g., gas curtailment, gas supply interruption, or periodic operational testing;

 

B)        The total duration of periodic operational testing or other activity while firing diesel fuel (number of hours of operation per calendar year); and

 

C)        The actual SO₂ emissions of the boiler from use of diesel fuel (tons/month and tons/year), with supporting calculations.

 

b)         For a PBR boiler to burn refinery fuel gas, the owner or operator must use fuel gas at a petroleum refinery from a fuel gas system that is subject to and meeting the requirements for compliance with the limits for H₂S content of fuel gas in 40 CFR 60.102a(g)(1)(ii), as incorporated by reference in Section 201.104.

 

(Source:  Added at 41 Ill. Reg. 4140, effective March 24, 2017)

 

Section 201.625  Carbon Monoxide (CO) Requirements

 

Pursuant to 35 Ill. Adm. Code 216.121, no owner or operator of a PBR boiler may cause or allow the emission of CO into the atmosphere from any fuel combustion emission source with actual heat input greater than 2.9 MW (10 MMBtu/hr) to exceed 200 ppm, corrected to 50 percent excess air.

 

(Source:  Added at 41 Ill. Reg. 4140, effective March 24, 2017)

 

Section 201.630  Nitrogen Oxide (NO_x) Requirements

 

The owner or operator of the PBR boiler must comply with the following, as applicable:

 

a)         If the PBR boiler is subject to the requirements of 35 Ill. Adm. Code 217.Subpart D, comply with all the applicable requirements of 35 Ill. Adm. Code 217.Subparts D and E;

 

b)         If the PBR boiler is subject to the requirements of 40 CFR 63.subpart DDDDD, comply with all applicable requirements, including the combustion tuning work practice requirements of 40 CFR 63.7540(a)(10), as incorporated by reference in Section 201.104; and

 

c)         For a boiler with a maximum design heat input capacity greater than 50 MMBtu/hr, and not subject to either 35 Ill. Adm. Code 217.Subpart D or 40 CFR 63, subpart DDDDD, conduct combustion tuning for the boiler.  This tuning must be conducted in each calendar year in which the boiler is operated, except for the calendar year in which the boiler first starts up and the calendar year in which the boiler is permanently removed from service.  The combustion tuning must be conducted as specified by 40 CFR 63.7540(a)(10)(i) through (vi), as incorporated by reference in Section 201.104, and be conducted while burning the type of fuel that provided the majority of the heat input to the boiler over the 12 months prior to the tune-up.

 

(Source:  Added at 41 Ill. Reg. 4140, effective March 24, 2017)

 

Section 201.635  PBR Boiler Recordkeeping Requirements

 

The owner or operator of the PBR boiler must maintain records containing the following information, in addition to the records required by Section 201.530:

 

a)         The maximum design heat input capacity of the boiler, in MMBtu/hr, with supporting documentation;

 

b)         An inspection, maintenance, and repair log with dates and the nature of those activities for the boiler;

 

c)         The quantity of each fuel used per month and per year;

 

d)         The hours of operation, in hours/month and hours/year;

 

e)         Emissions of PM, PM₁₀, PM_2.5, NO_x, CO, and VOM, in tons/month and tons/year, with supporting calculations; and

 

f)         SO₂ emissions, in tons/month and tons/year, with supporting calculations if the boiler has the capability to burn refinery fuel gas, butane, or propane.

 

(Source:  Added at 41 Ill. Reg. 4140, effective March 24, 2017)

 

Section 201.APPENDIX A   Rule Into Section Table

 

RULE	SECTION
101	201.102
102	201.141
103(a)(1)	201.142
103(a)(2)	201.152
103(a)(3)	201.153
103(a)(4)	201.154
103(a)(5)	201.155
103(a)(6)	201.156
103(b)(1)	201.143
103(b)(2)	201.144, Appendix C
103(b)(3)	201.157
103(b)(4)	201.158
103(b)(5)	201.159
103(b)(6)(A)-(F)	201.160
103(b)(6)(G)	Appendix C
103(b)(7)	201.161
103(b)(8)	201.162
103(c)	201.163
103(d)	201.164
103(e)	201.165
103(f)	201.207
103(g)	201.209
103(h)	201.121
103(i)	201.146
103(j)	201.147
103(k)	201.210
104(a)(1)	201.148(a)
104(a)(2)	215.606, 215.182
104(a)(3)	201.148(b)
104(b)(1)	201.241, 215.213
104(b)(2)	201.242(a)
104(b)(3)	201.242(b)
104(c)	201.243
104(d)	201.244
104(e)	201.245
104(f)	201.246
104(g)	201.247, Appendix C
104(h)	215.126, 215.212, 215.407, 215.466, 215.605
105(a)	201.149
105(b)	201.261
105(c)	201.262
105(d)	201.263
105(e)	201.264
105(f)	201.265
106(a)	201.281
106(b)	201.282
106(c)	201.283
107(a)	201.301
107(b)	201.302
108	201.122
109	201.150
110	201.151
111	201.123
112	201.124
113	201.125
114	201.126

 

 

Section 201.APPENDIX B  Section Into Rule Table

 

 

 

SECTION	RULE
201.101	---
201.102	101
201.103	---
201.104	---
201.121	103(h)
201.122	108
201.123	111
201.124	112
201.125	113
201.126	114
201.141	102
201.142	103(a)(1)
201.143	103(b)(1)
201.144	103(b)(2)
201.146	103(i)
201.147	103(j)
201.148(a)	104(a)(1)
201.148(b)	104(a)(3)
201.149	105(a)
201.150	109
201.151	110
201.152	103(a)(2)
201.153	103(a)(3)
201.154	103(a)(4)
201.155	103(a)(5)
201.156	103(a)(6)
201.157	103(b)(3)
201.158	103(b)(4)
201.159	103(b)(5)
201.160	103(b)(6)(A)-(F)
201.161	103(b)(7)
201.162	103(b)(8)
201.163	103(c)
201.164	103(d)
201.165	103(e)
201.207	103(f)
201.209	103(g)
201.210	103(k)
201.241	104(b)(1)
201.242	104(b)(2) and (3)
204.243	104(c)
201.244	104(d)
201.245	104(e)
201.246	104(f)
201.247	104(g)
201.261	105(b)
201.262	105(c)
201.263	105(d)
201.264	105(e)
201.265	105(f)
201.281	106(a)
201.282	106(b)
201.283	106(c)
201.301	107(a)
201.302	107(b)
Appendix C	103(b)(2), 103(b)(6)(G), 104(g)

 

 

Section 201.APPENDIX C   Part Compliance Dates

 

Rule 103(b)(2)

 

Operating permits were required as follows:

 

SOURCE CLASSIFICATION	DATE OPERATING PERMIT REQUIRED
Primary Metal Industry Operations as defined by code 33 of the “Standard Industrial Classification Manual”	By December 1, 1972
Rubber and Plastics Products Industry Operations as defined by code 30 of the “Standard Industrial Classification Manual”	By December 1, 1972
Chemicals and Allied Products Industry Operations as defined by code 28 of the “Standard Industrial Classification Manual”	By January 1, 1973
Food and Kindred Products Industry Operations as defined by code 20 and Printing and Publishing Industry Operations as defined by code 27 of the “Standard Industrial Classification Manual”	By February 1, 1973
Petroleum and Coal Products Indusry Operations as defined by code 29 of the “Standard Industrial Classification Manual” and bituminous cement (asphalt) plants	By February 1, 1973
Stone, Clay and Glass Products and Paper and Allied Products Industry Operations as defined by code 32 and 26 of the “Standard Industrial Classification Manual” and all painting operations using in excess of 5,000 gallons of paint (including thinner) per year	By March 1, 1973
Incinerators	By April 1, 1973
Electric, Gas, and Sanitary Services as defined by code 49 of the “Standard Industrial Classification Manual” and coal fired boilers	By May 1, 1973
Gas and Oil fired boilers and all other emission sources or air pollution control equipment not listed previously in this paragraph except equipment excluded under paragraph (i) of this Rule	June 1, 1973
Grain-Handling and Conditioning Operations	By March 1, 1976
Grain-Handling and Grain-Drying Operations	By March 1, 1976

 

(B)       All applications for Operating Permits shall be submitted to the Agency at least 90 days prior to the date on which an Operating Permit is required. Provided, however, the Agency may waive this 90 day requirement when appropriate.  If necessary, to prevent an unmanageable workload as may be deemed appropriate, the Agency may extend the dates by which Operating Permits are required under Section 103(b)(2)(A) for a period not to exceed four months.  The Agency shall notify the persons affected and the Board in writing of the extension at least four months before the dates set forth in Section 103(b)(2)(A).

(C)       Nothing in this Rule shall preclude any person from applying for an Operating Permit earlier than the dates specified in part (b)(2)(A) of this Rule 103.

 

Rule 103(b)(6)(G)

 

No operating permit could be granted unless the applicant submitted proof to the Agency that:

 

if subject to a future compliance date, the applicant was, on the effective date of this Chapter, and is at the time of application for an Operating Permit pursuant to Rule 103(b)(2), in compliance with any applicable emission standards of the Rules and Regulations Governing the Control of Air Pollution of the former State of Illinois Air Pollution Control Board; or was, on the effective date of this Chapter, in full compliance with any variance from those regulations granted by the Pollution Control Board; or has been, since the effective date of this Chapter, granted a variance from those regulations, and is in full compliance with such variance.

 

Rule 104(g)

 

Submission and Approval Dates.  The owner or operator of an emission source subject to the following rules was required to have a Compliance Plan and a Project Completion Schedule, where applicable, approved by the Agency by the following dates.  A Compliance Plan and a Project Completion Schedule, where applicable, shall be submitted at least 90 days before the following dates.

(1)        By February 1, 1980.  Gasoline Dispensing facilities subject to Rule 205(p) and degreasers subject to Rule 205(k) located in Cook, DuPage, Lake, Kane, McHenry and Will counties.

(2)        By March 1, 1980.  Petroleum refineries subject to Rule 205(1), except (1) (4)-(10).  Gasoline dispensing facilities subject to Rule 205(p) in Boone, Madison, St. Clair, Peoria, Tazewell, Rock Island and Winnebago counties.

(3)       By April 1, 1980.  Degreasers subject to Rule 205(k) located in counties other than Cook, DuPage, Lake, Kane, McHenry or Will.  Bulk gasoline plants, bulk gasoline terminals and petroleum liquid storage tanks subject to Rule 205(o), except (o) (3), located in Cook, DuPage, Lake, Kane, McHenry and Will counties.

(4)       By April 1, 1980.  Coating lines subject to Rule 205(n), except (n)(1)(J), and (K).  Bulk gasoline plants, bulk gasoline terminals and petroleum liquid storage tanks subject to Rule 205(o), except (o)(3), which are located in counties other than Cook, Lake, DuPage, Kane, McHenry or Will.