Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart G - ADDITIONAL REQUIREMENTS FOR CLASS I AREAS › Section 204.1200 - Additional Requirements for Sources Impacting Federal Class I Areas

Current through Register Vol. 48, No. 28, July 12, 2024
a) Notice to
				Federal Land Managers. The Agency shall provide written notice of any permit
				application for a proposed major stationary source or major modification, the
				emissions from which may affect a Class I area, to the Federal Land Manager and
				the federal official charged with direct responsibility for management of any
				lands within any such area. Such notification shall include a copy of all
				information relevant to the permit application and shall be given within 30
				days after receipt and at least 60 days prior to any public hearing on the
				application for a permit to construct. Such notification shall include an
				analysis of the proposed source's anticipated impacts on visibility in the
				Federal Class I area. The Agency shall also provide the Federal Land Manager
				and such federal officials with a copy of the preliminary determination
				required by 35 Ill. Adm. Code 252, and shall make available to them any
				materials used in making that determination, promptly after the Agency makes
				such determination. Finally, the Agency shall also notify all affected Federal
				Land Managers within 30 days after receipt of any advance notification of any
				such permit application.
b) Federal
				Land Manager. The Federal Land Manager and the federal official charged with
				direct responsibility for management of such lands have an affirmative
				responsibility to protect the air quality related values (including visibility)
				of such lands and to consider, in consultation with the Agency, whether a
				proposed source or modification will have an adverse impact on such
				values.
c) Visibility Analysis. The
				Agency shall consider any analysis performed by the Federal Land Manager,
				provided within 30 days after the notification required by subsection (a), that
				shows that a proposed new major stationary source or major modification may
				have an adverse impact on visibility in any Federal Class I area. When the
				Agency finds that such an analysis does not demonstrate to its satisfaction
				that an adverse impact on visibility will result in the Federal Class I area,
				the Agency must, in the notice of public hearing on the permit application,
				either explain its decision or give notice as to where the explanation can be
				obtained.
d) Denial; Impact On Air
				Quality Related Values. The Federal Land Manager of any such lands may
				demonstrate to the Agency that the emissions from a proposed source or
				modification would have an adverse impact on the air quality-related values
				(including visibility) of those lands, notwithstanding that the change in air
				quality resulting from emissions from such source or modification would not
				cause or contribute to concentrations that would exceed the maximum allowable
				increases for a Class I area. If the Agency concurs with such demonstration, it
				shall not issue the permit.
e)
				Class I Variances. The owner or operator of a proposed source or modification
				may demonstrate to the Federal Land Manager that the emissions from such source
				or modification would have no adverse impact on the air quality related values
				of any such lands (including visibility), notwithstanding that the change in
				air quality resulting from emissions from such source or modification would
				cause or contribute to concentrations that would exceed the maximum allowable
				increases for a Class I area. If the Federal Land Manager concurs with such
				demonstration and so certifies, the Agency may, provided that the applicable
				requirements of this Part are otherwise met, issue the permit with such
				emission limitations as may be necessary to assure that emissions of
				SO2, PM2.5,
				PM10, and NOX would not exceed
				the following maximum allowable increases over minor source baseline
				concentration for such pollutants:
Pollutant
Maximum allowable increase
(micrograms per cubic meter)
PM2.5:
Annual arithmetic mean
4
24-hr maximum
9
PM10:
Annual arithmetic mean
17
24-hr maximum
30
SO2:
Annual arithmetic mean
20
24-hr maximum
91
3-hr maximum
325
NO2:
Annual arithmetic mean
25
f)
				Sulfur Dioxide Variance by Governor with Federal Land Manager's Concurrence.
				The owner or operator of a proposed source or modification that cannot be
				approved under subsection (e) may demonstrate to the Governor that the source
				cannot be constructed by reason of any maximum allowable increase for
				SO2 for a period of 24 hours or less applicable to any
				Class I area and, in the case of federal mandatory Class I areas, that a
				variance under this subsection would not adversely affect the air quality
				related values of the area (including visibility). The Governor, after
				consideration of the Federal Land Manager's recommendation (if any) and subject
				to his or her concurrence, may, after notice and public hearing, grant a
				variance from such maximum allowable increase. If such variance is granted, the
				Agency shall issue a permit to such source or modification under subsection
				(h), provided that the applicable requirements of this Part are otherwise
				met.
g) Variance by the Governor
				with the President's Concurrence. In any case in which the Governor recommends
				a variance in which the Federal Land Manager does not concur, the
				recommendations of the Governor and the Federal Land Manager shall be
				transmitted to the President. The President may approve the Governor's
				recommendation if the President finds that the variance is in the national
				interest. If the variance is approved, the Agency shall issue a permit under
				subsection (h), provided that the applicable requirements of this Part are
				otherwise met.
h) Emissions
				Limitations for Presidential or Gubernatorial Variance. In the case of a permit
				issued under subsection (f) or (g), the source or modification shall comply
				with such emission limitations as may be necessary to assure that emissions of
				SO2 from the source or modification would not (during
				any day on which the otherwise applicable maximum allowable increases are
				exceeded) cause or contribute to concentrations that would exceed the following
				maximum allowable increases over the baseline concentration and to assure that
				such emissions would not cause or contribute to concentrations that exceed the
				otherwise applicable maximum allowable increases for periods of exposure of 24
				hours or less for more than 18 days, not necessarily consecutive, during any
				annual period:
MAXIMUM ALLOWABLE INCREASE
(Micrograms per cubic meter)
Period of exposure
Low Terrain
High Terrain
24-hr maximum
36
62
3-hr maximum
130
221