Section 205.720  Emissions Excursion Compensation

The Agency shall obtain emissions excursion compensation from any participating source or new participating source that does not hold ATUs in accordance with Section 205.150(c) or (d) of this Part by the conclusion of the reconciliation period.  For any emission excursion during 1999 by a participating or new participating source that was not issued a CAAPP permit before May 1, 1998, all references in subsections (b)(1) and (b)(3), (c) and (e) of this Section to 1.2 times the emissions excursion shall be 1.0 times the emissions excursion. The Agency shall obtain emissions excursion compensation pursuant to the following procedures.

a)         The Agency shall issue an Excursion Compensation Notice to any such source when an apparent emissions excursion is identified by the Agency.

b)         Except as provided in subsection (c) of this Section, the Excursion Compensation Notice shall require the source to provide compensation in the following manner:

1)         The participating source or new participating source shall purchase ATUs from the ACMA in an amount equivalent to 1.2 times the emissions excursion;

2)         For the second consecutive seasonal allotment period in which an emissions excursion occurred, the participating source or new participating source shall purchase ATUs from the ACMA in an amount equivalent to 1.5 times the emissions excursion;  or

3)         If the ACMA balance is not adequate to cover 1.2 times or, when required, 1.5 times the total emissions excursion amount, the Agency shall deduct ATUs equivalent to 1.2 times or, when required, 1.5 times the total emissions excursion or any remaining portion thereof from the source's next allotment of ATUs.

c)         Within 15 days after receipt of an Excursion Compensation Notice, the owner or operator of the subject source may apply to the Agency to request that ATUs in an amount equivalent to 1.2 times or, when required, 1.5 times the emissions excursion be deducted from the source's next seasonal allotment, rather than acquired from the ACMA.

d)         Any source issued an Excursion Compensation Notice may contest the Agency's findings by filing a petition with the Board requesting review of the Emissions Excursion Compensation Notice in accordance with the procedures specified in 35 Ill. Adm. Code 105.102.

e)         If any source contests the Agency's findings in the Excursion Compensation Notice, the Agency shall withhold ATUs in an amount equivalent to 1.2 times or, when required, 1.5 times the amount of the alleged emissions excursion from the source's next seasonal allotment.  These ATUs shall be withheld until the Board issues a final order resolving the source's petition contesting the Agency's Excursion Compensation Notice.  If the source prevails before the Board, the ATUs withheld shall be transferred to the source's Transaction Account.  If the Agency prevails before the Board, the ATUs withheld shall be retired to offset the emissions excursion.

f)         Sources that provide emissions excursion compensation pursuant to this Section shall not be subject to enforcement authority granted to the State or any person under applicable State or federal laws or regulations or any permit conditions.  The enforcement authority of the State or any person is only limited by this subsection as it applies to an emissions excursion.