Current through Register Vol. 48, No. 38, September 20, 2024
a) The
owner or operator of each participating source or new participating source
shall submit to the Agency an ERMS application in accordance with the following
schedule:
1) For a participating source with
baseline emissions of at least 10 tons of VOM, as determined in accordance with
Section
205.320(a)
of this Subpart, by March 1, 1998;
2) For any source that first becomes a
participating source or new participating source because its VOM emissions
increase to 10 tons or greater during any seasonal allotment period beginning
with 1999, on or before December 1 of the year of the first seasonal allotment
period in which its VOM emissions are at least 10 tons, provided that this
emissions increase is not a major modification pursuant to 35 Ill. Adm. Code
203; or
3) For any source existing
prior to May 1, 1999, that first becomes a participating source or new
participating source due to a major modification subject to 35 Ill. Adm. Code
203 based on VOM emissions, at the time a construction permit application is
submitted or due for the source or modification, whichever occurs
first.
4) For a source that will be
a new participating source when it commences construction and that is also a
major new source under 35 Ill. Adm. Code 203 based on VOM emissions, at the
time a construction permit application is submitted or due for the source,
whichever occurs first.
b) Except as provided in subsection (d) of
this Section, each ERMS application for participating sources shall contain all
information required by the Agency pursuant to Section 39.5 of the Act
[415 ILCS
5/39.5] or reference such information if previously
submitted to the Agency, including the following information:
1) Data sufficient to establish the
appropriate baseline emissions for the source in accordance with Section
205.320 of
this Subpart, including but not limited to the following:
A) VOM emissions data and production types
and levels from the baseline emissions year(s), as specified in Section
205.320(a)(1), (b) or
(c) of this Subpart, as
appropriate;
B) If the source is
proposing a substitute baseline emissions year(s), as provided in Section
205.320(a)(2)
of this Subpart, a justification that the year is more representative than
1994, 1995 or 1996, including data on production types and levels from the
proposed substitute year(s) and historical production data, as needed to
justify that the proposed substitute year(s) is representative; and
C) If the source is proposing a baseline
emissions adjustment based on voluntary over-compliance, as provided in Section
205.320(d)
of this Subpart, sufficient information for the Agency to determine the
appropriate adjustment;
2) A description of methods and practices
used to determine baseline emissions and that will be used to determine
seasonal emissions for purposes of demonstrating compliance with this Part, in
accordance with Sections
205.330
and
205.335
of this Subpart;
3) Identification
of any emission unit for which exclusion from further reductions is sought
pursuant to Section
205.405(b)
of this Part and including all of the information required pursuant to Section
205.405(b)
of this Part;
4) Identification of
any emission unit excluded from further reductions pursuant to Section
205.405(a)
of this Part; and
5) Identification
of any new or modified emission unit for which a construction permit was issued
prior to January 1, 1998, but for which three years of operational data is not
available, and the permitted VOM emissions or the permitted increase in VOM
emissions from such emission unit(s), adjusted for the seasonal allotment
period.
c) Except as
provided in subsection (h) of this Section, the ERMS application submitted by
each participating source shall also be an application for a significant
modification of its CAAPP permit or a revision to its FESOP, or a revision to
its CAAPP or FESOP application if a CAAPP permit or FESOP has not yet been
issued for the source.
d) The ERMS
application for any source that elects to reduce its seasonal emissions by at
least 18 percent from its baseline emissions, as provided in Section
205.205(b)
of this Part, shall include:
1) VOM emissions
data sufficient to establish the appropriate baseline emissions for the source
in accordance with Section
205.320 of
this Subpart; and
2) A description
of methods and practices used to determine baseline emissions and that will be
used to demonstrate that its seasonal emissions will be at least 18 percent
less than its baseline emissions, in accordance with Sections
205.330
and
205.335
of this Subpart.
e)
Within 120 days after receipt of an ERMS application, the Agency shall provide
written notification to the source of a preliminary baseline emissions
determination. Public notice of a draft CAAPP permit or FESOP shall fulfill
this requirement for a preliminary baseline emissions determination if issued
within 120 days.
f) The ERMS
application for each source applying for a major modification, as provided in
subsection (a)(3) of this Section, shall include the information specified in
subsection (b) of this Section and a certification by the owner or operator
recognizing that the source will be required to hold ATUs by the end of each
reconciliation period in accordance with Section
205.150(c)(2)
of this Part, and provide a plan explaining the means by which it will obtain
ATUs for the VOM emissions attributable to the major modification for the first
three seasonal allotment periods in which this major modification is
operational.
g) The ERMS
application for each new participating source shall include:
1) A description of methods and practices
that will be used to determine seasonal emissions for purposes of demonstrating
compliance with this Part, in accordance with Sections
205.330
and
205.335
of this Subpart;
2) A certification
by the owner or operator recognizing that the source will be required to hold
ATUs by the end of each reconciliation period in accordance with Section
205.150(d)
of this Part for each seasonal allotment period in which it is operational;
and
3) If the source is a new major
source subject to 35 Ill. Adm. Code 203, a plan explaining means by which it
will obtain such ATUs for the first three seasonal allotment periods in which
it is operational.
h)
The owner or operator of any participating source that has identified a new or
modified emission unit, as specified in subsection (b)(5) of this Section,
shall submit a written request for, or an application for, a revised emissions
baseline and allotment. Such written request or application shall be submitted
by December 1 of the year of the third complete seasonal allotment period in
which such newly constructed emission unit is operational, which submittal
shall include information on the seasonal emissions for these first three
seasonal allotment periods.
