Current through Register Vol. 48, No. 38, September 20, 2024
VOM emissions that are a consequence of an emergency, and are
in excess of the technology-based emission rates which are achieved during
normal operating conditions, to the extent that such excess emissions are not
caused by improperly designed equipment, lack of preventative maintenance,
careless or improper operation, or operation error, shall be deducted from the
calculation of actual VOM emissions during the seasonal allotment period in
which the emergency occurred, subject to the following:
a) The owner or operator of the participating
source or new participating source shall submit an initial emergency conditions
report to the Agency within two days after the time when such excess emissions
occurred due to the emergency. The submittal of this initial emergency
conditions report shall be sufficient to fulfill the notice requirements of
Section 39.5(7)(k) of the Act [415 ILCS
5/39.5(7)(k)] as it relates to VOM
emissions at the source if the report provides a detailed description of the
emergency, any steps taken to mitigate emissions and corrective actions taken,
to the extent practicable. The final report shall contain the following
information:
1) A description of the cause(s)
of the emergency and the duration of the episode;
2) Verification that the source was being
operated properly at the time of the emergency;
3) A demonstration that the source took all
reasonable steps to minimize excess VOM emissions during the emergency period,
including but not limited to the following actions, if technically and
economically feasible:
A) The level of
operation of the affected emission unit(s) was minimized;
B) The level of emissions from the affected
emission units(s) was minimized by use of alternative raw materials or
alternative control measures;
C)
The duration of the excess emissions was minimized; and
D) The amount of VOM emissions from other
emission units at the source or other sources located in the Chicago area owned
or operated by the person or entity were reduced;
4) A demonstration that appropriate
corrective action(s) were taken promptly;
5) A demonstration that the affected emission
units were:
A) Being carefully and properly
operated at the time of the emergency, including copies of appropriate records
and other relevant evidence;
B)
Properly designed; and
C) Properly
maintained with appropriate preventative maintenance; and
6) An estimate of the amount of VOM emissions
that occurred during the emergency in excess of the technology-based emission
factor achieved during normal operating conditions, including supporting data,
the relevant emissions factor, and calculations.
b) The owner or operator of any such source
may supplement its initial emergency conditions report within 10 days after the
conclusion of the emergency situation. If an initial emergency conditions
report is not supplemented, such report is deemed the final emergency
conditions report. If, however, an initial emergency conditions report is
supplemented, the combination of such initial report plus the supplemental
information is deemed the final emergency conditions report.
c) The Agency must approve, conditionally
approve or reject the findings in the final emergency conditions report,
submitted by the source, in writing within 45 days after receipt of the initial
emergency conditions report, subject to the following:
1) If the Agency concurs with the emergency
conditions report, the source is not required to hold ATUs for the excess VOM
emissions attributable to the emergency;
2) If the Agency approves with conditions or
rejects the emergency conditions report, the source shall be required to hold
ATUs by the end of the reconciliation period in an amount not less than the
emissions identified as excess in the emergency conditions report or provide
emissions excursion compensation in accordance with Section
205.720
of this Subpart, if an emissions excursion occurred;
3) If the Agency approves with conditions an
emergency conditions report, the Agency must identify in its written notice the
amount of VOM emissions that are not attributable to an emergency;
and
4) If the Agency approves with
conditions or rejects a source's emergency conditions report, the source may
raise the emergency as an affirmative defense pursuant to Section 39.5(7)(k) of
the Act [415 ILCS
5/39.5(7)(k)] in any action brought
for noncompliance with this Part or an action brought to review the Agency's
issuance of an Excursion Compensation Notice, as provided in Section
205.720(d)
of this Subpart.
d)
Nothing in this Section relieves any source of any obligation to comply with
other applicable requirements, permit conditions, or other provisions
addressing emergency situations.
