Section 204.1500  Innovative Control Technology

a)         An owner or operator of a proposed major stationary source or major modification may request that the Agency in writing no later than the close of the comment period under 35 Ill. Adm. Code 252 to approve a system of innovative control technology.

b)         The Agency shall, with the consent of the Governor, determine that the source or modification may employ a system of innovative control technology if:

1)         The proposed control system would not cause or contribute to an unreasonable risk to public health, welfare, or safety in its operation or function;

2)         The owner or operator agrees to achieve a level of continuous emissions reduction equivalent to that which would have been required under Section 204.1100(b), by a date specified by the Agency.  Such date shall not be later than 4 years after the time of startup or 7 years after permit issuance;

3)         The source or modification would meet the requirements of Sections 204.1100 and 204.1110, based on the emissions rate that the stationary source employing the system of innovative control technology would be required to meet on the date specified by the Agency;

4)         The source or modification would not, before the date specified by the Agency:

A)        Cause or contribute to a violation of an applicable NAAQS; or

B)        Impact any area where an applicable increment is known to be violated;

5)         All other applicable requirements, including those for public participation, have been met; and

6)         The provisions of Section 204.1200 (relating to Class I areas) have been satisfied with respect to all periods during the life of the source or modification.

c)         The Agency shall withdraw any approval to employ a system of innovative control technology made under this Section if:

1)         The proposed system fails by the specified date to achieve the required continuous emissions reduction rate;

2)         The proposed system fails before the specified date so as to contribute to an unreasonable risk to public health, welfare, or safety; or

3)         The Agency decides at any time that the proposed system is unlikely to achieve the required level of control or to protect the public health, welfare, or safety.

d)         If a source or modification fails to meet the required level of continuous emissions reduction within the specified time period or the approval is withdrawn in accordance with subsection (c), the Agency may allow the source or modification up to an additional 3 years to meet the requirement for the application of BACT through use of a demonstrated system of control.