Section 225.420  Permit Requirements

a)         Permit requirements:

1)         The owner or operator of each source with a CAIR NO_x unit is required to submit:

A)        A complete permit application addressing all applicable CAIR NO_x Annual Trading Program requirements for a permit meeting the requirements of this Section, applicable to each CAIR NO_x unit at the source.  Each CAIR permit must contain elements required for a complete CAIR permit application pursuant to subsection (b)(2) of this Section.

B)        Any supplemental information that the Agency determines necessary in order to review a CAIR permit application and issue any CAIR permit.

2)         Each CAIR permit will be issued pursuant to Sections 39 and 39.5 of the Act, must contain federally enforceable conditions addressing all applicable CAIR NO_x Annual Trading Program requirements, and will be a complete and segregable portion of the source's entire permit pursuant to subsection (a)(1) of this Section.

3)         No CAIR permit may be issued until the Agency and USEPA have received a complete certificate of representation for a CAIR designated representative pursuant to 40 CFR 96, subpart BB, for the CAIR NO_x source and the CAIR NO_x unit at the source.

4)         For all CAIR NO_x units that commenced operation before December 31, 2007, the owner or operator of the unit must submit a CAIR permit application meeting the requirements of this Section on or before December 31, 2007.

5)         For all CAIR NO_x units that commence operation on or after December 31, 2007, the owner or operator of these units must submit applications for construction and operating permits pursuant to the requirements of Sections 39 and 39.5 of the Act, as applicable, and 35 Ill. Adm. Code 201 and the applications must specify that they are applying for CAIR permits and must address the CAIR permit application requirements of this Section.

b)         Permit applications:

1)         Duty to apply:  The owner or operator of any source with one or more CAIR NO_x units must submit to the Agency a CAIR permit application for the source covering each CAIR NO_x unit pursuant to subsection (b)(2) of this Section by the applicable deadline in subsection (a)(4) or (a)(5) of this Section.  The owner or operator of any source with one or more CAIR NO_x units must reapply for a CAIR permit for the source as required by this Subpart, 35 Ill. Adm. Code 201, and, as applicable, Sections 39 and 39.5 of the Act.

2)         Information requirements for CAIR permit applications: A complete CAIR permit application must include the following elements concerning the source for which the application is submitted:

A)        Identification of the source, including plant name.  The ORIS (Office of Regulatory Information Systems) or facility code assigned to the source by the Energy Information Administration must also be included, if applicable;

B)        Identification of each CAIR NO_x unit at the source; and

C)        The compliance requirements applicable to each CAIR NO_x unit as set forth in Section 225.410.

3)         An application for a CAIR permit will be treated as a modification of the CAIR NO_x source's existing federally enforceable permit, if such a permit has been issued for that source, and will be subject to the same procedural requirements.  When the Agency issues a CAIR permit pursuant to the requirements of this Section, it will be incorporated into and become part of that source's existing federally enforceable permit.

c)         Permit content:  Each CAIR permit is deemed to incorporate automatically the definitions and terms specified in Section 225.130 and 40 CFR 96.102, as incorporated by reference in Section 225.140 and, upon recordation of USEPA under 40 CFR 96, subparts FF and GG, as incorporated by reference in Section 225.140, every allocation, transfer, or deduction of a CAIR NO_x allowance to or from the compliance account of the CAIR NO_x source covered by the permit.

(Source:  Added at 31 Ill. Reg. 12864, effective August 31, 2007)