Current through Register Vol. 48, No. 38, September 20, 2024
a) Any
participating or new participating source shall not operate without a CAAPP
permit or FESOP.
1) If a source has a CAAPP
permit containing ERMS provisions and the source elects to obtain a different
permit in lieu of the CAAPP permit, the source shall apply for and obtain a
FESOP that contains ERMS provisions, including, but not limited to, emissions
calculation methodologies, baseline emissions, and allotment for each seasonal
allotment period, all of which are identical to those provisions contained in
its CAAPP permit.
2) If a
participating or new participating source does not have a CAAPP permit
containing ERMS provisions and the source elects to obtain a permit other than
a CAAPP permit, the source shall apply for and obtain a FESOP that contains, in
addition to other necessary provisions, federally enforceable ERMS provisions,
including baseline emissions, allotment for each seasonal allotment period,
identification of any units deemed to be insignificant activities for the
purposes of the ERMS, emissions calculation methodologies, and provisions
addressing all other applicable requirements of this Part.
b) When determining the baseline emissions
and allotment for a participating source as required under subsection (a)(2) of
this Section:
1) The Agency shall determine
baseline emissions in accordance with Section
205.320 of
this Subpart, through its final permit action on the new or modified FESOP for
the source. The Agency's baseline emissions determination may be appealed in
accordance with the appeal procedures specified in Section 40 of the Act
[415 ILCS
5/40] . 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.
2) 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 FESOP for the
source. The Agency's determination may be appealed in accordance with the
appeal procedures specified in Section 40 of the Act [415 ILCS 5/40]. 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.
c) The Agency shall determine, in
accordance with Sections
205.330
and
205.335
of this Subpart, the methods and practices applicable to the participating
source or new participating source to determine seasonal emissions through its
final permit action on the new or modified FESOP for such source. The Agency's
determination of the methods and practices applicable may be appealed in
accordance with the appeal procedures specified in Section 40 of the Act [415
ILCS 5/40].
d) When a FESOP 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.
e) Upon reopening or renewal of the FESOP 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 FESOP for
such source.
f) Upon reopening or
renewal of the FESOP 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 FESOP for such
source.
