Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 201 - PERMITS AND GENERAL PROVISIONS
Subpart D - PERMIT APPLICATIONS AND REVIEW PROCESS
Section 201.169 - Special Provisions for Certain Operating Permits
Universal Citation: 35 IL Admin Code ยง 201.169
Current through Register Vol. 48, No. 38, September 20, 2024
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until the permit is superseded by a new or revised permit or is
withdrawn.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terminate if it is withdrawn upon written request by the permittee or is
superseded by a revised permit issued for the source.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.
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