Current through Register Vol. 48, No. 38, September 20, 2024
Any participating source, new participating source or general
participant may submit a proposal for issuance of ATUs to it based on VOM
emissions reductions, as specified in subsection (a) of this Section, achieved
by any source or group of sources located in the Chicago area with an operating
permit(s) other than a participating source or new participating source. The
owner or operator of each source from which the VOM emissions reductions have
been or will be achieved shall certify its acceptance of the terms of the
proposal and that it has achieved or will achieve the emissions reductions
specified in the proposal. An emissions reduction generator may apply for a
modification to its operating permit to incorporate limitations that make the
VOM emissions reductions specified in the relevant proposal enforceable.
a) ATUs will only be issued pursuant to this
Section if based on actual VOM emissions reductions that meet one or more of
the following:
1) If, based on the same
actual production rate, VOM emissions at the source for any seasonal allotment
period beginning in 1999 are or will be lower due to the use of technology or
materials at the source than if operating at the same production rate at the
emissions level allowed by applicable requirements effective in 1996 or any
requirements included in the State Implementation Plan, provided such
reductions occurred after 1990;
2)
The source shuts down a portion or all of its operation(s) after 1996 and
withdraws the relevant operating permit(s), provided the VOM emissions from the
shut down activity or activities will not be distributed elsewhere within the
Chicago area;
3) The source(s)
curtails its seasonal production activity resulting in an actual reduction in
VOM emissions during any seasonal allotment period beginning in 1999, provided
the VOM emissions from the curtailment will not be distributed elsewhere within
the Chicago area. Such emissions reduction shall be based on the difference
between the average production level for the two seasonal allotment periods
prior to the year of curtailment and the curtailed production level, calculated
at the VOM emission rate allowed by applicable requirements effective in 1996;
or
4) The source shuts down
operations or curtails seasonal production activity as described in subsections
(a)(2) and (a)(3) of this Section, respectively, and the VOM emissions from the
shut down activity or activities or curtailment will be distributed to a
participating or new participating source or sources within the Chicago area,
and the proposal provides that all ATUs issued pursuant to this Section on
account of such shut down or curtailment are to be issued to the corresponding
participating or new participating source or sources.
b) If any proposal is based on a shut down of
operations, as specified in subsection (a)(2) of this Section, that results in
seasonal emissions reductions of 10 tons or more, 20 percent of ATUs issued
based on such an emissions reduction generator proposal shall be allocated to
the ACMA.
c) Any proposal based on
seasonal emissions reductions of 10 tons or more and the Agency's approval
thereof shall be subject to the public notice requirements in accordance with
the regulations governing CAAPP permit or FESOP issuance.
d) Any proposal submitted shall include the
following:
1) Information identifying the
source(s) from which the VOM emissions reductions has been or will be achieved
and its owner or operator;
2) An
explanation of the method used to achieve the VOM emissions
reductions;
3) Relevant information
describing the nature of the underlying activity that generated the VOM
emissions and the relationship of the units at which the VOM emissions
reduction occurred to other units or sources performing the same or related
activity in the Chicago area, if the VOM emissions reduction is attributable to
a partial or complete source shutdown or a production curtailment, as specified
in subsection (a)(2), (a)(3) or (a)(4) of this Section;
4) The amount of VOM emissions for the two
seasonal allotment periods prior to the year(s) of curtailment, including
supporting calculations, if the VOM emissions reduction is attributable to a
production curtailment as specified in subsection (a)(3) or (a)(4) of this
Section;
5) The amount of the VOM
emissions reduction, including supporting calculations and documentation, such
as material usage information;
6)
The name and address of the participating source(s), new participating
source(s) or general participant(s) to which ATUs will be issued, including the
name and telephone number of the account officer for such source or
participant; and
7) The owner or
operator of each proposed emission reduction generator shall certify its
acceptance of the terms of the proposal and certify that it has achieved or
will achieve the emissions reductions specified in the proposal.
e) The owner or operator of any
emissions reduction generator may modify its operating permit to incorporate
limitations that make the VOM emissions reductions specified in the relevant
proposal enforceable.
f) If the
emissions reduction generator does not modify its permit, as specified in
subsection (e) of this Section, or experiences a shutdown, as specified in
subsection (a)(2) or (a)(4) of this Section, and the proposal is submitted
prior to the availability of actual VOM emissions data from the relevant
seasonal allotment period, the Agency shall determine if the proposal is
acceptable on a preliminary basis and provide notification of this
determination. The Agency shall not issue final approval, in accordance with
subsection (g) of this Section, of any such proposal until the actual VOM
emissions data is submitted.
g) The
Agency shall notify the participating source, new participating source or
general participant in writing of its final decision with respect to the
proposal within 45 days after receipt of such proposal or receipt of VOM
emissions data to verify that the specified reductions occurred, whichever
occurs later. If the Agency denies or conditionally approves a proposal, this
written notice shall include a statement of the specific reasons for denying or
modifying the proposal. The Agency's determination as to the approvability of
any proposal submitted pursuant to this Section is subject to review by the
Board as provided at 35 Ill. Adm. Code
105.102, provided
the proposed emissions reduction generator is not requesting a permit revision.
If such a permit revision is requested, the applicable permit review and appeal
procedures shall apply.
h) If the
Agency deems that the proposal is sufficient to receive final approval, the
Agency shall issue ATUs in accordance with the following:
1) Any ATUs issued pursuant to this
subsection shall be issued to the participating source(s), new participating
source(s) or general participant identified in the proposal;
2) If the emissions reduction generator
modifies its operating permit as specified in subsection (e) of this Section,
to incorporate limitations that make the VOM emissions reductions specified in
the relevant proposal enforceable, ATUs shall be issued on the date such source
is required to comply with the limitations in the permit and for each seasonal
allotment period thereafter in which the VOM emissions reductions are required
by the source's permit;
3) If the
proposal is based on a partial or complete shut down, as specified in
subsection (a)(2) or (a)(4) of this Section, ATUs shall be issued before the
seasonal allotment period for each year specified in the proposal;
4) If the emissions reduction generator does
not modify its permit and the proposal is submitted prior to the availability
of actual VOM emissions data from the relevant seasonal allotment period(s),
the Agency shall issue ATUs upon final approval which shall occur after actual
VOM emissions data is evaluated for the relevant seasonal allotment
period;
5) If the emissions
reduction generator includes information on actual VOM emissions reductions
during the seasonal allotment period for which ATUs are sought, ATUs will be
issued by the Agency upon final approval of the proposal;
6) Except as provided in subsection (h)(7) of
this Section, ATUs issued pursuant to this subsection shall only be valid for
the seasonal allotment period in which the emissions reductions were
achieved;
7) If the VOM emissions
reductions specified in a proposal are incorporated into the emissions
reduction generator's permit or, if the emissions reduction generator shuts
down all or a portion of its operations and withdraws all relevant operating
permits, ATUs issued pursuant to this subsection shall be valid for the
seasonal allotment period following issuance and for the next seasonal
allotment period; and
8) The number
of ATUs issued pursuant to subsection (h)(2) or (h)(3) of this Section based on
a proposal under subsection (a)(4) of this Section shall be equal to the number
of ATUs otherwise issuable under this Section reduced by 12 percent.
