Ill. Admin. Code tit. 35, § 205.315 - CAAPP Permits for ERMS Sources
a)
Except as provided in Section
205.316(c)
of this Subpart, the Agency shall determine the baseline emissions for each
participating source in accordance with Section
205.320 of
this Subpart, through its final permit action on a new or modified CAAPP permit
for the source. The Agency's baseline emissions determination may be appealed
in accordance with the CAAPP appeal procedures specified in Section 40.2 of the
Act [415 ILCS
5/40.2 ]. If the permit conditions establishing a
source's baseline emissions are appealed, the baseline emissions for the source
shall be as proposed in the source's ERMS application during the pendency of
the appeal. During the pendency of the appeal, ATUs shall be allotted to the
source pursuant to the part of the source's proposed baseline emissions that is
not disputed in the appeal. If such source's seasonal VOM emissions exceed the
ATUs it holds at the end of reconciliation periods during the pendency of the
appeal, the source will not be deemed to have had an emissions excursion to the
extent that such seasonal VOM emissions do not exceed the amount it proposed as
its baseline in its ERMS application, less reductions required pursuant to
Section
205.400(c) or (e)
of this Part, if applicable. Such source
shall not be allowed to sell ATUs during the pendency of the appeal.
b) Except as provided in Section
205.316(c)
of this Subpart, the Agency shall determine, in accordance with Sections
205.330
and
205.335
of this Subpart, the methods and practices applicable to each participating
source and new participating source to determine seasonal emissions through its
final permit action on a new or modified CAAPP permit for the source. The
Agency's determination of the methods and practices applicable may be appealed
in accordance with the CAAPP appeal procedures specified in Section 40.2 of the
Act [415 ILCS
5/40.2 ].
c) Except as provided in Section
205.316(c)
of this Subpart, the Agency shall determine, in accordance with Section
205.405(b)
of this Part, if an emission unit qualifies for exclusion from further
reductions in its final permit action on a new or modified CAAPP permit for
each such source. The Agency's determination may be appealed in accordance with
the CAAPP appeal procedures specified in Section 40.2 of the Act [415 ILCS
5/40.2]. If the permit conditions establishing the Agency's BAT determination
are appealed, ATUs shall be allotted to the source for any emission unit for
which the Agency's BAT determination is being appealed with the emissions
reduction required by Section
205.400(c) or (e)
of this Part during the pendency of the
appeal. If the seasonal VOM emissions for the subject emission unit(s) exceed
the ATUs that are attributed to the unit(s) during the pendency of the appeal,
the source will not be deemed to have an emissions excursion to the extent that
such seasonal VOM emissions do not exceed the amount of ATUs that would be
attributed to this unit if the BAT exclusion was accepted. Such source shall
not be allowed to sell ATUs during the pendency of the appeal.
d) The CAAPP permit for a participating
source shall specify the allotment for each seasonal allotment
period.
e) To the extent possible,
the Agency shall initiate the procedures of 35 Ill. Adm. Code 252, as required
by Section 39.5 of the Act [415 ILCS
5/39.5 ], by grouping the draft CAAPP permits and
supporting documents for participating sources. Specifically, to the extent
possible, the Agency shall issue a joint public notice and hold a joint
hearing, as appropriate, addressing participating sources for which a hearing
is requested.
f) When a CAAPP
permit for a participating source or new participating source is transferred
from the current permittee to another person:
1) In the case of a name change of the
participating source or new participating source where ownership is not
altered, appropriate documentation shall be submitted to revise the Transaction
Account to reflect the name change; or
2) In the case of an ownership change of the
participating source or new participating source, the allotment shall also be
transferred by the owner or operator of the permitted source to the new owner
or operator, or the new owner or operator shall submit a statement to the
Agency certifying that such transfer is not occurring and demonstrating that
necessary ATUs are or will be available by other means for the intended
operation of the source.
g) Upon reopening or renewal of the CAAPP
permit for any participating source or new participating source, any multiple
season transfer agreement, as provided in Section
205.630(a)(2)(B)
of this Part, that has three or more years
of transfers remaining shall be identified in the renewed or reissued CAAPP
permit for each such source.
h)
Upon reopening or renewal of the CAAPP permit for any participating source or
new participating source, any ATUs that will be issued by the Agency for three
years or more to any such source pursuant to Section
205.410,
205.500
or
205.510
of this Part shall be identified in the renewed or reissued CAAPP permit for
each such source.
Notes
Amended at 29 Ill. Reg. 8848, effective June 13, 2005
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