Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 205 - EMISSIONS REDUCTION MARKET SYSTEM › Subpart C - OPERATIONAL IMPLEMENTATION › Section 205.315 - CAAPP Permits for ERMS Sources

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Except as provided in Section
				205.316(c)
				of this Subpart, the Agency shall determine the baseline emissions for each
				participating source in accordance with Section
				205.320 of
				this Subpart, through its final permit action on a new or modified CAAPP permit
				for the source. The Agency's baseline emissions determination may be appealed
				in accordance with the CAAPP appeal procedures specified in Section 40.2 of the
				Act [415 ILCS
				5/40.2 ]. 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.
b) Except as provided in Section
				205.316(c)
				of this Subpart, the Agency shall determine, in accordance with Sections
				205.330
				and
				205.335
				of this Subpart, the methods and practices applicable to each participating
				source and new participating source to determine seasonal emissions through its
				final permit action on a new or modified CAAPP permit for the source. The
				Agency's determination of the methods and practices applicable may be appealed
				in accordance with the CAAPP appeal procedures specified in Section 40.2 of the
				Act [415 ILCS
				5/40.2 ].
c) Except as provided in Section
				205.316(c)
				of this Subpart, 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 CAAPP permit for
				each such source. The Agency's determination may be appealed in accordance with
				the CAAPP appeal procedures specified in Section 40.2 of the Act [415 ILCS
				5/40.2]. 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.
d) The CAAPP permit for a participating
				source shall specify the allotment for each seasonal allotment
				period.
e) To the extent possible,
				the Agency shall initiate the procedures of 35 Ill. Adm. Code 252, as required
				by Section 39.5 of the Act [415 ILCS
				5/39.5 ], by grouping the draft CAAPP permits and
				supporting documents for participating sources. Specifically, to the extent
				possible, the Agency shall issue a joint public notice and hold a joint
				hearing, as appropriate, addressing participating sources for which a hearing
				is requested.
f) When a CAAPP
				permit 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.