Current through Register Vol. 48, No. 38, September 20, 2024
a) Except
as provided in subsection (b) or (c) of this Section, baseline emissions shall
be determined by the Agency in accordance with the following, adjusted as
specified in subsections (d), (e) and (f) of this Section:
1) Baseline emissions shall be calculated
using the average of the two seasonal allotment periods with the highest VOM
emissions during 1994, 1995 or 1996.
2) Any source may propose to substitute
seasonal emissions on a year-for-year basis due to non-representative
conditions in 1994, 1995 or 1996, but must stay within the period from 1990
through 1997, and must have accurate seasonal emissions data for the substitute
year(s). When considering whether to substitute a seasonal baseline emission
year(s), the Agency must consider the information submitted by the source
pursuant to Section
205.310(b)(1)(B)
of this Subpart, as well as the accuracy of
that data. For the purposes of this subsection (a)(2) "non-representative
conditions" include, but are not limited to, events such as strikes, fires,
floods and market conditions.
b) Except as provided in subsection (c) of
this Section, for any source that has seasonal emissions of less than 10 tons,
as determined in accordance with subsection (a) of this Section, but becomes a
participating source because its seasonal emissions increase to 10 tons or more
in any seasonal allotment period beginning with 1999, baseline emissions shall
be determined by the Agency based on actual VOM emissions from the first
seasonal allotment period in which the source's emissions equaled or exceeded
10 tons, adjusted as specified in subsections (d), (e) and (f) of this Section,
provided such emissions increase is not a major modification pursuant to 35
Ill. Adm. Code 203.
c) For any
source that has seasonal emissions of less than 10 tons, as determined in
accordance with subsection (a) of this Section, but becomes a participating
source because its seasonal emissions increase to 10 tons or more in any
seasonal allotment period beginning with 1999 and this emissions increase
constitutes a major modification pursuant to 35 Ill. Adm. Code 203, baseline
emissions shall be determined by the Agency based on the average of the actual
seasonal emissions from the two seasonal periods prior to a timely submittal of
its application for the major modification, adjusted as specified in
subsections (d) and (e) of this Section. Any such source may substitute
seasonal emissions on a year-for-year basis due to non-representative
conditions in either of the two seasonal allotment periods prior to submittal
of its application for the major modification but must stay within the five
year period prior to submittal of such application. For the purposes of this
subsection, "non-representative conditions" include, but are not limited to,
conditions such as strikes, fires, floods and market conditions.
d) The baseline emissions of any
participating source shall be increased for voluntary over-compliance that
occurred after October 31, 1990 and results in a VOM emissions level that is
lower than the level required by applicable requirements effective in 1996,
including limitations in the source's permit(s) based on such applicable
requirements. Voluntary over-compliance shall be determined in accordance with
the following:
1) Determine the actual
activity or production types and levels from the seasonal allotment period(s)
selected for baseline emissions pursuant to subsection (a), (b) or (c) of this
Section;
2) Determine seasonal
emissions for each emission unit as the product of the amount of activity or
production, as determined in accordance with subsection (d)(1) of this Section,
and the actual emissions level;
3)
Determine seasonal emissions for each emission unit as the product of the
amount of activity or production, as determined in accordance with subsection
(d)(1) of this Section, and the allowable emissions level pursuant to all
applicable requirements effective through 1996, including limitations in the
source's permit(s) based on such applicable requirements; and
4) Determine the appropriate adjustment to
baseline emissions by subtracting the seasonal emissions determined pursuant to
subsection (d)(2) of this Section from the seasonal emissions determined
pursuant to subsection (d)(3) of this Section.
e) The baseline emissions of any
participating source shall be decreased if any of the following circumstances
exist:
1) If a source is out of compliance
with any applicable requirements, including limitations in the source's
permit(s) based on such applicable requirements, in any of the seasonal
allotment periods used for baseline emissions, its baseline emissions shall be
lowered to reflect the amount of VOM emissions that would be achieved if in
compliance with such requirements.
2) If any of the seasonal allotment periods
selected for baseline emissions do not reflect compliance with requirements
effective through 1996 that became applicable after any of the years selected
as baseline years, the source's baseline emissions shall be lowered to reflect
the amount of VOM emissions that would be achieved if in compliance with such
requirements.
3) If, in any of the
years selected for baseline emissions, a source's VOM emissions are in excess
of the amount of VOM emissions allowed by applicable rules because it has been
granted a variance, has entered into a consent order, or is operating pursuant
to a CAAPP permit compliance schedule, the baseline emissions for such source
shall be lowered to reflect the VOM emissions amount that would be achieved if
in compliance with such requirements, subject to the following:
A) Each such source shall be allowed to emit
VOM emissions in excess of the ATUs it holds at the end of the reconciliation
period each year until compliance with the applicable regulation is achieved,
or upon expiration of the relief allowed for in the variance, consent order or
CAAPP permit compliance schedule, whichever occurs first;
B) Such excess VOM emissions shall be allowed
to the extent allowed in the variance, consent order or CAAPP permit compliance
schedule; and
C) The seasonal
component of the Annual Emissions Report for each such source shall be adjusted
each year until compliance with the applicable requirement(s) is achieved, or
upon expiration of the relief allowed for in the variance, consent order or
CAAPP permit compliance schedule, whichever occurs first, as specified in
subsection (e)(3)(B) of this Section.
4) For any participating source that operated
with excess emissions during startup, malfunction or breakdown during any year
used to determine its baseline emissions, whether or not such operation was
authorized pursuant to the source's permit, excess VOM emissions attributable
to startup, malfunction or breakdown shall be excluded from the baseline
emissions.
f) For new or
modified emission units at a source for which a construction permit was issued
prior to January 1, 1998, but for which three years of operational data is not
available, the baseline emissions determination for the source shall include
VOM emissions from such new emission unit or the increase in emissions from the
modification of such emission unit based on the two seasonal allotment periods
with the highest VOM emissions from the first three complete seasonal allotment
periods in which any such new or modified emission unit is operational. ATUs
shall only be issued in accordance with this subsection after the baseline
emissions has been determined. Any such source shall not be required to hold
ATUs for VOM emissions attributable to the new emission unit or the
modification of the existing emission unit for the first three complete
seasonal allotment periods in which it is operational.
g) For any source which acquired emission
reduction credits pursuant to a written agreement, entered into prior to
January 1, 1998, and such emission reduction credits were acquired for use as
emissions offsets, in accordance with 35 Ill. Adm. Code 203, such emission
reduction credits, adjusted for the seasonal allotment period, and reduced by
24 percent, shall be included in the baseline emissions determination for the
source, only to the extent that:
1) The
Agency has issued a federally enforceable permit, prior to January 1, 1998, to
the source from which the emission reduction credits were acquired, and such
federally enforceable permit recognized the creation of the VOM emission
reduction credits by the cessation of all VOM-emitting activities and the
withdrawal of the operating permits for VOM-emitting activities at such other
sources; and
2) The Agency has not
relied upon the emission reduction credits to demonstrate attainment or
reasonable further progress.
