Current through Register Vol. 48, No. 38, September 20, 2024
a) An owner or operator of an eligible source
shall annually register with the Agency instead of complying with the
requirement to obtain an air pollution construction or operating permit under
the Act or complying with a permit issued under Section
201.169.
The owner and operator of a ROSS source are still subject to all applicable
environmental statutes and regulations. The source must meet all of the
following criteria to be an eligible source:
1) Pursuant to Section 9.14 of the Act:
A) The source must not be required to obtain
a permit pursuant to the Clean Air Act Permit Program, or federally enforceable
State operating permit program, or under regulations promulgated pursuant to
Section 111 or 112 of the Clean Air Act;
B) USEPA has not otherwise determined that a
permit is required;
C) The source
emits less than an actual 5 tons per year of combined particulate matter,
carbon monoxide, nitrogen oxides, sulfur dioxide, and volatile organic material
air pollutant emissions;
D) The
source emits less than an actual 0.5 tons per year of combined hazardous air
pollutant emissions;
E) The source
emits less than an actual 0.05 tons per year of lead air emissions;
F) The source emits less than an actual 0.05
tons per year of mercury air emissions; and
G) The source does not have an emission unit
or source subject to a standard pursuant to 40 CFR 61 (Maximum Achievable
Control Technology) or 40 CFR 63 (National Emissions Standards for Hazardous
Air Pollutants), other than those regulations that USEPA has categorized as
"area source."
2)
Emission units at the source are not used as thermal desorption systems
pursuant to 35 Adm. Code 728.Table F or as incinerator systems.
3) The source or its emission units must not
be subject to local siting under Section 39.2 of the Act.
b) For the purposes of determining whether
the actual emissions from the source meet the criteria of subsections
(a)(1)(C), (a)(1)(D), (a)(1)(E), and (a)(1)(F) of this Section, the owner or
operator of a source shall only use emissions from units that are not exempt
from the requirement to obtain a permit pursuant to Section
201.146,
as follows:
1) Initial registration or
reentry into ROSS: the owner or operator must sum the actual emissions from all
units associated with the source for the prior calendar year. If the source is
new, or has been operating less than one calendar year, projected estimated
emissions may be used for all of the remaining months in the prior calendar
year, respectively.
2) Annual
renewal of registration:
A) For the purposes
of determining compliance with subsection (a)(1)(C) of this Section, the owner
or operator must:
i) Verify that the source
still meets the eligibility criteria in subsection (a)(1)(C); or
ii) Calculate emissions by summing all actual
emissions of combined particulate matter, carbon monoxide, nitrogen oxides,
sulfur dioxide, and volatile organic material air pollutant emissions from all
units associated with the source for the prior calendar year. The total sum of
actual emissions of combined particulate matter, carbon monoxide, nitrogen
oxides, sulfur dioxide, and volatile organic material air pollutant emissions
for the prior calendar year must be less than or equal to 7 tons, or the total
sum of actual emissions of combined particulate matter, carbon monoxide,
nitrogen oxides, sulfur dioxide, and volatile organic material air pollutant
emissions from the prior two calendar years must be less than or equal to 10
tons.
B) For the
purposes of determining compliance with subsections (a)(1)(D), (a)(1)(E) and
(a)(1)(F) of this Section, the owner or operator must:
i) Verify that the source still meets the
eligibility criteria in subsections (a)(1)(D), (a)(1)(E), and (a)(1)(F) of this
Section; or
ii) Calculate emissions
by summing all actual emissions from all units at the source for the prior
calendar year. Summed emissions of HAPs, mercury or lead must be less than or
equal to 0.5 tons per year, 0.05 tons per year, or 0.05 tons per year, for the
prior calendar year, respectively.
c) The following must be included in each
initial registration and each re-entry registration:
1) The name, address, and telephone number of
the source and of the person responsible for submitting and retaining copies of
the registration information and the records;
2) A statement that the source meets the
requirements of this Section;
3) A
certification that the information submitted in subsections (c)(1) and (c)(2)
of this Section is correct or a correction of the information; and
4) The applicable fee pursuant to Section
9.14 of the Act.
d) The
owner or operator of an eligible source shall submit the registration required
by subsection (c) of this Section as follows:
1) Initial registration:
A) The owner or operator of a source holding
a permit may register after the effective date of this Section and no later
than their annual fee payment date in fiscal year 2013 (July 1, 2012 through
June 30, 2013). The terms and conditions of a permit issued pursuant to Section
201.169
do not apply during the period the source is registered. The owner and operator
of a ROSS source are still subject to all applicable environmental statutes and
regulations.
B) The owner or
operator of an operating source not holding a permit shall register no later
than July 1, 2012.
C) The owner or
operator of a new source shall register at least 10 days before commencing
construction or operation and may commence construction or operation 10 days
after submittal to the Agency.
2) Annual registration. The owner or operator
of a ROSS source must pay an annual fee on or before their annual fee payment
date. Annual payment of the fee is verification by the owner or operator that
the source continues to meet the criteria in subsection (a), as determined by
subsection (b)(2), as applicable.
3) Re-entry into ROSS under subsection (h).
The owner or operator of a source that re-enters ROSS based on the criteria in
subsection (a), as determined by subsection (b)(1), must register and pay an
annual fee on or before their annual fee payment date.
e) The owner or operator shall keep the
following records and make them available for inspection by the Agency:
1) A description of the emission units
associated with the source and their associated control devices;
2) A description of control efficiency or
emission rates of any control devices that are relied upon to meet the criteria
for ROSS in subsection (a), as determined by subsection (b)(1) or (b)(2), as
applicable;
3) Documentation of the
source's actual emissions and calculations demonstrating that the source is
eligible for ROSS pursuant to the criteria in subsections (a), as determined by
subsection (b)(1) or (b)(2), as applicable. This documentation may include, but
is not limited to, annual material usage or emission rates;
4) A copy of the source's initial
registration; and
5) A copy of the
owner's or operator's annual fee payment for at least the most recent 5
calendar years.
f)
Changes to a ROSS source requiring notification: The owner or operator of the
source must notify the Agency in writing within 45 days after the change to the
source, if the information provided in subsection (c)(1) of this Section
changes.
g) Changes requiring a new
or modified construction or operating permit, or compliance with conditions in
an existing permit issued pursuant to Section 201.169:
1) The owner or operator must apply for a
permit by the date required by the new regulation or statute if there is a
change in a regulation or statutory requirement or a new regulation or
statutory requirement that makes a source ineligible for ROSS under the
criteria in subsection (a), as determined in subsection (b)(2), as
applicable.
2) If the source no
longer meets the criteria in subsection (a), as determined by subsection
(b)(2), as applicable:
A) The owner or
operator of a source that did not have a permit under Section
201.169
prior to registration must apply and comply with the applicable requirements of
the Act and 35 Ill. Adm. Code Parts 201 and 203, as follows:
i) If the source is eligible for a permit
under Section 201.169, the owner or operator must apply for a permit within 90
days of the source's annual fee payment date.
ii) If the source is not eligible under
Section 201.169, the owner or operator must apply for a permit as provided for
under the Act and 35 Ill. Adm. Code Parts 201 and 203.
iii) If the source was not constructed or
operated at the time of initial registration and has actual emissions in excess
of the eligibility levels during the first or second year of operations as
determined in subsection (b)(2), the owner or operator must apply for an
operating permit and pay construction permit application fees.
B) The owner or operator of a
source that had a permit under Section
201.169
prior to registration:
i) If the source is in
compliance with the terms and conditions of the permit, the owner or operator
shall notify the Agency no later than the source's annual fee payment date of
the calendar year following the change in status from a ROSS eligible source to
a permitted source.
ii) If the
source is not in compliance with the terms and conditions of the permit, but is
still eligible for a permit pursuant to Section 201.169, the owner or operator
must apply for a new or revised permit within 90 days of the source's annual
fee payment date.
iii) If the
source is not eligible for a permit pursuant to Section 201.169, the owner or
operator must comply with the applicable permitting requirements under the Act
and 35 Ill. Adm. Code Parts 201 and 203.
h) Reentry into ROSS: the owner or
operator of a source that changed status to become a permitted source pursuant
to subsection (g) of this Section shall submit a registration for ROSS if the
source meets the criteria in subsections (a), as determined in subsection
(b)(1), in the prior calendar year.