reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 205 - EMISSIONS REDUCTION MARKET SYSTEM › Subpart B - APPLICABILITY › Section 205.220 - Insignificant Emission Units

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Emission units identified as insignificant activities pursuant to the CAAPP
				permit for a participating or new participating source are exempt from the
				requirements of this Part.
b)
				Emission units that the Agency determines would qualify as insignificant
				activities under 35 Ill. Adm. Code 201. Subpart F if the source were a CAAPP
				source and for which a statement to this effect is contained in the FESOP for a
				participating or new participating source are exempt from the requirements of
				this Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 205 - EMISSIONS REDUCTION MARKET SYSTEM › Subpart B - APPLICABILITY › Section 205.225 - Startup, Malfunction or Breakdown

Current through Register Vol. 48, No. 28, July 12, 2024
Participating or new participating sources permitted to
				  operate during startup, malfunction or breakdown pursuant to 35 Ill. Adm. Code
				  201.262,
				  270.407 and
				  270.408
				  are not required to hold ATUs for excess VOM emission during startup,
				  malfunction and breakdown as authorized in the source's
				  permit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 205 - EMISSIONS REDUCTION MARKET SYSTEM › Subpart C - OPERATIONAL IMPLEMENTATION › Section 205.300 - Seasonal Emissions Component of the Annual Emissions Report

Current through Register Vol. 48, No. 28, July 12, 2024
a) For each year in
				which the source is operational, the owner or operator of each participating
				source and new participating source shall submit, as a component of its Annual
				Emissions Report, seasonal emissions information to the Agency for each
				seasonal allotment period after the effective date of this Part in accordance
				with the following schedule:
1) For each
				participating source or new participating source that generates VOM emissions
				from less than 10 emission units, by October 31 of each year; and
2) For each participating source or new
				participating source that generates VOM emissions from 10 or more emission
				units, by November 30 of each year.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 205 - EMISSIONS REDUCTION MARKET SYSTEM › Subpart C - OPERATIONAL IMPLEMENTATION › Section 205.310 - ERMS Applications

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				owner or operator of each participating source or new participating source
				shall submit to the Agency an ERMS application in accordance with the following
				schedule:
1) For a participating source with
				baseline emissions of at least 10 tons of VOM, as determined in accordance with
				Section
				205.320(a)
				of this Subpart, by March 1, 1998;
2) For any source that first becomes a
				participating source or new participating source because its VOM emissions
				increase to 10 tons or greater during any seasonal allotment period beginning
				with 1999, on or before December 1 of the year of the first seasonal allotment
				period in which its VOM emissions are at least 10 tons, provided that this
				emissions increase is not a major modification pursuant to 35 Ill. Adm. Code
				203; or
3) For any source existing
				prior to May 1, 1999, that first becomes a participating source or new
				participating source due to a major modification subject to 35 Ill. Adm. Code
				203 based on VOM emissions, at the time a construction permit application is
				submitted or due for the source or modification, whichever occurs
				first.
4) For a source that will be
				a new participating source when it commences construction and that is also a
				major new source under 35 Ill. Adm. Code 203 based on VOM emissions, at the
				time a construction permit application is submitted or due for the source,
				whichever occurs first.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 205 - EMISSIONS REDUCTION MARKET SYSTEM › Subpart C - OPERATIONAL IMPLEMENTATION › Section 205.316 - Federally Enforceable State Operating Permits for ERMS Sources

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any
				participating or new participating source shall not operate without a CAAPP
				permit or FESOP.
1) If a source has a CAAPP
				permit containing ERMS provisions and the source elects to obtain a different
				permit in lieu of the CAAPP permit, the source shall apply for and obtain a
				FESOP that contains ERMS provisions, including, but not limited to, emissions
				calculation methodologies, baseline emissions, and allotment for each seasonal
				allotment period, all of which are identical to those provisions contained in
				its CAAPP permit.
2) If a
				participating or new participating source does not have a CAAPP permit
				containing ERMS provisions and the source elects to obtain a permit other than
				a CAAPP permit, the source shall apply for and obtain a FESOP that contains, in
				addition to other necessary provisions, federally enforceable ERMS provisions,
				including baseline emissions, allotment for each seasonal allotment period,
				identification of any units deemed to be insignificant activities for the
				purposes of the ERMS, emissions calculation methodologies, and provisions
				addressing all other applicable requirements of this Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 205 - EMISSIONS REDUCTION MARKET SYSTEM › Subpart C - OPERATIONAL IMPLEMENTATION › Section 205.318 - Certification for Exempt CAAPP Sources

Current through Register Vol. 48, No. 28, July 12, 2024
The owner or operator of any source that is located in the
				  Chicago area that is required to obtain a CAAPP permit, and has seasonal
				  emissions, as determined in accordance with Section
				  205.320(a)
				  of this Subpart, of less than 10 tons shall submit a written certification to
				  the Agency by March 1, 1998, certifying that its VOM emissions are below 10
				  tons per season as specified in Section
				  205.320(a)
				  of this Subpart. Such certification shall include the amount of VOM emissions
				  at the source during the 1994, 1995, 1996 and 1997 seasonal allotment periods,
				  and supporting calculations.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 205 - EMISSIONS REDUCTION MARKET SYSTEM › Subpart C - OPERATIONAL IMPLEMENTATION › Section 205.320 - Baseline Emissions

Current through Register Vol. 48, No. 28, July 12, 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.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 205 - EMISSIONS REDUCTION MARKET SYSTEM › Subpart C - OPERATIONAL IMPLEMENTATION › Section 205.330 - Emissions Determination Methods

Current through Register Vol. 48, No. 28, July 12, 2024
The owner or operator of a participating source or new
				  participating source shall determine VOM emissions from the source during the
				  seasonal allotment period using methods as necessary to demonstrate compliance
				  with this Part. Such methods shall be, at a minimum, as stringent as those
				  required by any applicable requirement and any permit condition. The Agency
				  shall establish the emissions determination methods applicable to each such
				  source in the source's CAAPP permit or FESOP. The following methods, in
				  conjunction with relevant source-specific throughput and operating data, are
				  acceptable methods a source may use to determine seasonal emissions, depending
				  on the type of emission unit:
a)
				Material balance calculation, based on the VOM content of raw materials and
				recovered materials, as is typically used for degreasers, coating lines, and
				printing lines equipped with a carbon adsorption system (recovery-type control
				device) or without any control device;
b) A standard engineering formula for
				estimation of emissions, as is typically used for storage and transfer of
				volatile organic liquids;
c) A
				source-specific emission factor(s), based on representative testing and
				sampling data and appropriate analysis, as typically used for petroleum
				refining processes;
d) A published
				USEPA emission factor(s), as is typically used for component leaks;
e) A source-specific emission rate or VOM
				control efficiency, based on representative testing, as is typically used for
				chemical processes and afterburners (destruction-type control device),
				respectively;
f) A method not
				listed above that is sufficient to demonstrate compliance with this Section;
				or
g) An appropriate combination of
				the above methods, as typically used for a coating or printing line equipped
				with a control device, where the available emissions are determined by material
				balance and the control efficiency is determined by representative
				testing.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 205 - EMISSIONS REDUCTION MARKET SYSTEM › Subpart C - OPERATIONAL IMPLEMENTATION › Section 205.335 - Sampling, Testing, Monitoring and Recordkeeping Practices

Current through Register Vol. 48, No. 28, July 12, 2024
The owner or operator of a participating source or new
				  participating source shall conduct sampling, perform testing, conduct
				  monitoring and maintain records as needed to support its method for determining
				  seasonal emissions in accordance with Section
				  205.330
				  of this Subpart and to demonstrate compliance with this Part. Such sampling,
				  testing, monitoring and recordkeeping shall be, at a minimum, as stringent as
				  that required by any applicable requirement and any permit condition. The
				  Agency shall establish the practices applicable to each such source in the
				  source's CAAPP permit or FESOP.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 205 - EMISSIONS REDUCTION MARKET SYSTEM › Subpart C - OPERATIONAL IMPLEMENTATION › Section 205.337 - Changes in Emission Determination Methods and Sampling, Testing, Monitoring and Recordkeeping Practices

Current through Register Vol. 48, No. 28, July 12, 2024
a) The methods used for determining seasonal
				emissions from a source shall generally be consistent with the methods used to
				determine its baseline emissions unless the source's permit accommodates the
				use of alternate methods to determine VOM emissions.
b) Modification of Methods and Practices
1) If a source proposes new or revised
				methods to determine VOM emissions or new or revised supporting practices for
				sampling, testing, monitoring or recordkeeping that differ significantly from
				the methods and practices specified by its current permit, the source shall
				obtain a revised CAAPP permit in accordance with the procedures specified in
				Section 39.5 of the Act [415 ILCS
				5/39.5 ], or a revised FESOP, prior to relying on such
				methods and practices.
2) The
				Agency shall issue a revised permit if it finds, based upon submission of an
				appropriate permit application, that the proposed methods or practices are
				needed or appropriate to address changes in the operation of the source or
				emission units that were not considered when the current permit was issued,
				that the proposed methods and procedures will not significantly affect the
				determination of actual seasonal emissions, or that the proposed methods and
				procedures incorporate new or improved analytical techniques or estimation
				methods that will increase the accuracy with which actual seasonal emissions
				are determined, and other applicable requirements for issuance of a revised
				permit are met.
3) If the Agency
				approves the use of a modified method or practice, the Agency is authorized to
				determine a corrected baseline and thereafter issue ATUs in accordance with
				Section
				205.400(c)
				of this Part pursuant to this corrected baseline.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 205 - EMISSIONS REDUCTION MARKET SYSTEM › Subpart D - SEASONAL EMISSIONS MANAGEMENT › Section 205.405 - Exclusions from Further Reductions

Current through Register Vol. 48, No. 28, July 12, 2024
a) VOM emissions from the following emission
				units, if satisfying subsection(a)(1), (a)(2) or (a)(3) of this Section prior
				to May 1, 1999, shall be excluded from the VOM emissions reductions
				requirements specified in Section
				205.400(c) and
				(e) of this Subpart as long as such emission
				units continue to satisfy subsection (a)(1), (a)(2) or (a)(3) of this Section:
1) Emission units that comply with any NESHAP
				or MACT standard promulgated pursuant to the CAA;
2) Direct combustion emission units designed
				and used for comfort heating purposes, fuel combustion emission units and
				internal combustion engines; and
3)
				An emission unit for which a LAER demonstration has been approved by the Agency
				on or after November 15, 1990.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 205 - EMISSIONS REDUCTION MARKET SYSTEM › Subpart D - SEASONAL EMISSIONS MANAGEMENT › Section 205.410 - Participating Source Shutdowns

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				If a participating source shuts down all operations at the source, and
				withdraws its permit or its permit is revoked or terminates, allotments issued
				to such a source for each seasonal allotment period after the shutdown occurred
				shall be subject to the following:
1) 80
				percent of all such ATUs shall continue to be allotted to the owner or operator
				of such source or its duly authorized recipient; and
2) 20 percent of all such ATUs shall be
				issued to the ACMA.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 205 - EMISSIONS REDUCTION MARKET SYSTEM › Subpart E - ALTERNATIVE ATU GENERATION › Section 205.500 - Emissions Reduction Generator

Current through Register Vol. 48, No. 28, July 12, 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.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 205 - EMISSIONS REDUCTION MARKET SYSTEM › Subpart F - MARKET TRANSACTIONS › Section 205.600 - ERMS Database

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Agency or its designee shall maintain a bulletin board that shall be available
				for public access on which a listing of the status of ATUs will be posted.
				Other public information and notices will also be posted and participating
				sources, new participating sources and general participants may post ATUs
				available for purchase or wanted for purchase. The bulletin board shall include
				the following information on ATUs:
1) Date
				issued and source issued to;
2)
				Where applicable, date transferred and source or person transferred
				to;
3) Status of ATUs in each
				account, i.e., available for use, or date retired or date expired;
				and
4) Posted each week during the
				reconciliation period and no less than monthly at all other times, the average
				price paid for ATUs transferred the previous week or the previous month, as
				appropriate.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 205 - EMISSIONS REDUCTION MARKET SYSTEM › Subpart F - MARKET TRANSACTIONS › Section 205.610 - Application for Transaction Account

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each participating source, new
				participating source and general participant shall apply for and obtain
				authorization for a Transaction Account from the Agency prior to conducting any
				market transactions. Each participating source shall submit to the Agency its
				completed application for a Transaction Account no later than 30 days prior to
				the beginning of the first seasonal allotment period in which the source is
				required to participate. Each new participating source shall submit to the
				Agency its completed application for a Transaction Account no later than 30
				days prior to the beginning of the first seasonal allotment period in which it
				is operational.
b) Each Transaction
				Account application shall include the following information:
1) The name and address of the participating
				source, new participating source or general participant, and the name and
				address of its owner or operator;
2) The names and addresses of all designated
				account officers;
3) The
				certification specified in Section
				205.620(a)(5)
				of this Subpart signed by each account officer; and
4) For a participating source or new
				participating source, identification of the CAAPP permit or FESOP number for
				the source.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 205 - EMISSIONS REDUCTION MARKET SYSTEM › Subpart F - MARKET TRANSACTIONS › Section 205.620 - Account Officer

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each
				participating source, new participating source or general participant must have
				at least one account officer designated for each of its Transaction Accounts.
				The account officer(s) shall be the only person(s) authorized to make ATU
				transactions involving such designated Transaction Account. At least one
				account officer must certify each official document that pertains to a
				designated Transaction Account or associated market transactions. Account
				officers may be employees or contractors of participating sources, new
				participating sources or general participants. No participating source, new
				participating source or general participant may engage in ATU transactions if
				it does not have an account officer approved by the Agency. Each account
				officer shall satisfy all of the following:
1) Be at least 18 years of age;
2) Be an American citizen or a legal
				alien;
3) Have not been convicted
				of or had a final judgment entered against him or her in any State or federal
				court for a violation of State or federal air pollution laws or regulations, or
				for fraud;
4) Be scheduled to
				attend the next scheduled training program or has already completed the
				program; and
5) Certify to the
				following statement as a part of the relevant Transaction Account application:
I certify that I satisfy all of the requirements for an
				  account officer. I am aware that I may be disqualified from acting as an
				  account officer in the State of Illinois, pursuant to 35 Ill. Adm. Code 205, if
				  any information submitted in this application is determined to be false or
				  misleading.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 205 - EMISSIONS REDUCTION MARKET SYSTEM › Subpart F - MARKET TRANSACTIONS › Section 205.630 - ATU Transaction Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
Recognized sales and purchases of ATUs may be made between
				  any two Transaction Accounts or from a Transaction Account to the ACMA. A sale
				  of ATUs may also be made from a Transaction Account to a special participant.
				  No sale of ATUs shall be recognized from a special participant to any other
				  person.
a) Transfer of ATUs shall be
				subject to the following requirements:
1)
				Transfers between Transaction Accounts may only be made by the account officers
				for both accounts;
2) All ATU
				transfers shall be duly authorized by the account officers for both Transaction
				Accounts, or, if the ATUs are being transferred to a special participant, the
				account officer of the Transaction Account of the transferor and a
				representative of the special participant;
A)
				Duly authorized ATU transfers shall identify the ATU(s) involved in the
				transaction;
B) Written ATU
				transfer agreements signed by the account officers for both Transaction
				Accounts may authorize the transfer of ATUs for more than one season. If a
				transfer agreement authorizes the future transfer of ATUs for any season for
				which ATUs have not yet been issued for use, the ATUs shall be automatically
				transferred to the buyer's Transaction Account for each year such transfer is
				authorized pursuant to the transfer agreement, in which case the account
				officers for each Transaction Account will be notified of this
				transfer;
3) No transfer
				shall be considered official for purposes of the ERMS until entered into the
				Transaction Account database;
4)
				The Agency or its designee shall enter ATU transfers into the Transaction
				Account database within one week of the Agency receiving notification of a duly
				authorized ATU transfer; and
5) Any
				ATU transfer agreements entered into after December 31 of a given year may not
				be used by the buyer to cover emissions from the preceding seasonal allotment
				period, but may only be used prospectively.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 205 - EMISSIONS REDUCTION MARKET SYSTEM › Subpart G - PERFORMANCE ACCOUNTABILITY › Section 205.700 - Compliance Accounting

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				owner or operator of each participating source or new participating source
				shall maintain and retain for five years at the source or at another location
				agreed to by the Agency, in conjunction with the records it maintains to
				demonstrate compliance with its CAAPP permit or FESOP, all of the following
				documents as its compliance master file:
1) A
				copy of its seasonal component of its Annual Emissions Report;
2) Information on actual VOM emissions, as
				recorded in accordance with Section
				205.335
				of this Part, and as required by the CAAPP permit or FESOP for the source;
				and
3) Copies of any transfer
				agreements for the purchase or sale of ATUs and other documentation associated
				with the transfer of ATUs.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 205 - EMISSIONS REDUCTION MARKET SYSTEM › Subpart G - PERFORMANCE ACCOUNTABILITY › Section 205.710 - Alternative Compliance Market Account (ACMA)

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency or its designee shall operate
				the ACMA. The purpose of the ACMA is to serve as a secondary source of ATUs
				that may be purchased by participating sources and new participating sources,
				as specified in this Section.
b)
				The ATUs in the ACMA will have an indefinite life so long as they remain in the
				ACMA, but, once purchased, must be used either for the preceding or next
				seasonal allotment period. If these ATUs are not used for compliance in that
				seasonal allotment period, they will expire.
c) ATUs in an amount equal to one percent of
				each year's allotment shall be issued to the ACMA, beginning in 1999. In
				addition, ATUs shall be deposited into the ACMA due to source shutdowns, as
				specified in Sections
				205.410(a)
				and
				205.500(b)
				of this Part. ATUs for the ACMA may also be obtained by the Agency in the
				following ways:
1) The Agency or its designee
				is authorized to accept voluntary contributions of ATUs from participating
				sources or other persons for deposit into the ACMA.
2) The Agency is authorized to deposit ATUs
				from its purchase of ATUs or to deposit ATUs created from emissions reductions
				it generates beyond reductions otherwise required by statute or regulation for
				attainment of the NAAQS for ozone.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 205 - EMISSIONS REDUCTION MARKET SYSTEM › Subpart G - PERFORMANCE ACCOUNTABILITY › Section 205.720 - Emissions Excursion Compensation

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency shall obtain emissions excursion compensation from
				  any participating source or new participating source that does not hold ATUs in
				  accordance with Section
				  205.150(c) or
				  (d)  of this Part by the conclusion of the
				  reconciliation period. For any emission excursion during 1999 by a
				  participating or new participating source that was not issued a CAAPP permit
				  before May 1, 1998, all references in subsections (b)(1) and (b)(3), (c) and
				  (e) of this Section to 1.2 times the emissions excursion shall be 1.0 times the
				  emissions excursion. The Agency shall obtain emissions excursion compensation
				  pursuant to the following procedures.
a) The Agency shall issue an Excursion
				Compensation Notice to any such source when an apparent emissions excursion is
				identified by the Agency.
b) Except
				as provided in subsection (c) of this Section, the Excursion Compensation
				Notice shall require the source to provide compensation in the following
				manner:
1) The participating source or new
				participating source shall purchase ATUs from the ACMA in an amount equivalent
				to 1.2 times the emissions excursion;
2) For the second consecutive seasonal
				allotment period in which an emissions excursion occurred, the participating
				source or new participating source shall purchase ATUs from the ACMA in an
				amount equivalent to
				1.5 times the emissions
				excursion; or
3) If the ACMA
				balance is not adequate to cover 1.2 times or, when required,
				1.5 times the total
				emissions excursion amount, the Agency shall deduct ATUs equivalent to 1.2
				times or, when required,
				1.5 times the total
				emissions excursion or any remaining portion thereof from the source's next
				allotment of ATUs.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 205 - EMISSIONS REDUCTION MARKET SYSTEM › Subpart G - PERFORMANCE ACCOUNTABILITY › Section 205.730 - Excursion Reporting

Current through Register Vol. 48, No. 28, July 12, 2024
Upon issuance of each Excursion Compensation Notice to any
				  source that has already had one previous admitted or adjudicated emissions
				  excursion, the source shall submit to the Agency any additional reports
				  required by the source's CAAPP permit or FESOP.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 205 - EMISSIONS REDUCTION MARKET SYSTEM › Subpart G - PERFORMANCE ACCOUNTABILITY › Section 205.740 - Enforcement Authority

Current through Register Vol. 48, No. 28, July 12, 2024
Except as provided in Section
				  205.720(f)
				  of this Subpart, nothing in this Part limits the State's authority to seek
				  penalties and injunctive relief for any violation of any applicable State law
				  or regulation or any permit condition, as otherwise provided in the Act.
				  Nothing in this Part limits the right of the federal government or any person
				  to directly enforce against actions or omissions which constitute violations of
				  permits required by the Clean Air Act or applicable federal environmental laws
				  and regulations.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 205 - EMISSIONS REDUCTION MARKET SYSTEM › Subpart G - PERFORMANCE ACCOUNTABILITY › Section 205.750 - Emergency Conditions

Current through Register Vol. 48, No. 28, July 12, 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.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 205 - EMISSIONS REDUCTION MARKET SYSTEM › Subpart G - PERFORMANCE ACCOUNTABILITY › Section 205.760 - Market System Review Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
Beginning in 2000, the Agency shall prepare an Annual
				  Performance Review Report that addresses the effect of VOM emissions reductions
				  in the Chicago area on progress toward meeting the RFP requirements and
				  achieving attainment of the NAAQS for ozone by 2007.
a) The Annual Performance Review Report will
				review trends and patterns which may have emerged in the operation of the ERMS,
				and shall include, but not be limited to, the following:
1) Total aggregate VOM emissions during the
				previous seasonal allotment period;
2) The number of ATUs retired for compliance
				purposes or for air quality benefit, currently being banked, or used by new
				participating sources for the previous seasonal allotment period;
3) An evaluation of trading activities,
				including sources with no trading activity, sources that are net purchasers of
				ATUs and sources that are net sellers of ATUs;
4) ACMA transactions since the preparation of
				the previous report and the account balance;
5) A summary of emissions reduction generator
				and inter-sector proposals;
6)
				Distribution of transactions by geographic area or character of
				source;
7) Availability of ATUs for
				purchase;
8) The average market
				price for ATU transactions from the previous seasonal allotment period;
				and
9) Trends and spatial
				distributions of hazardous air pollutants.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 207 - VEHICLE SCRAPPAGE ACTIVITIES › Subpart A - GENERAL PROVISIONS › Section 207.100 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Part sets
				forth the procedures and performance requirements to be followed when
				conducting vehicle scrappage activities within the State of Illinois for the
				purpose of receiving Creditable Emissions Reductions (CERs).
b) This Part is designed to achieve the
				following objectives:
1) Provide an option
				for regulated sources and interested parties to achieve emissions
				reductions;
2) Ensure compatibility
				with applicable guidance for vehicle scrappage activities developed by the
				United States Environmental Protection Agency (USEPA);
3) Provide vehicle scrappage training to help
				ensure that vehicle scrappage activities conducted to generate CERs are only
				managed by qualified individuals; and
4) Strike an equitable balance among various
				parties that may be interested in vehicle scrappage, including regulated
				sources, potential sponsors of scrappage activities, owners of vehicles
				eligible to be scrapped, vehicle collectors, automotive rebuilders and other
				interest groups.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 207 - VEHICLE SCRAPPAGE ACTIVITIES › Subpart A - GENERAL PROVISIONS › Section 207.104 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
If any Section, subsection, sentence or clause of this Part
				  is judged invalid, such adjudication shall not affect the validity of this Part
				  as a whole or any Section, subsection, sentence or clause thereof not judged
				  invalid.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 207 - VEHICLE SCRAPPAGE ACTIVITIES › Subpart B - APPLICABILITY › Section 207.200 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
This Part applies to vehicle scrappage activities in the
				  State of Illinois conducted to receive CERs and to all persons or entities that
				  are, or desire to be, vehicle scrappage managers, sponsors, or other
				  participants.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 207 - VEHICLE SCRAPPAGE ACTIVITIES › Subpart C - REQUIREMENTS OF VEHICLE SCRAPPAGE PROJECTS AND PROGRAMS › Section 207.300 - Scope

Current through Register Vol. 48, No. 28, July 12, 2024
Each vehicle scrappage project or program conducted pursuant
				  to the provisions of this Part must satisfy all of the requirements specified
				  in this Subpart.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 207 - VEHICLE SCRAPPAGE ACTIVITIES › Subpart C - REQUIREMENTS OF VEHICLE SCRAPPAGE PROJECTS AND PROGRAMS › Section 207.302 - Vehicle Scrappage Sponsors and Managers

Current through Register Vol. 48, No. 28, July 12, 2024
Each vehicle scrappage project or program shall be
				  financially underwritten by a vehicle scrappage sponsor who satisfies all of
				  the requirements of Section
				  207.702
				  of this Part, and shall be directed by a vehicle scrappage manager who
				  satisfies all of the requirements of Section
				  207.700
				  of this Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 207 - VEHICLE SCRAPPAGE ACTIVITIES › Subpart C - REQUIREMENTS OF VEHICLE SCRAPPAGE PROJECTS AND PROGRAMS › Section 207.304 - Vehicle Eligibility

Current through Register Vol. 48, No. 28, July 12, 2024
Each vehicle that is retired in a vehicle scrappage project
				  or program shall satisfy the following criteria:
a) Be a light-duty vehicle, light-duty truck
				1 or light-duty truck 2;
b) Shall
				not be from a model year 25 years old or older;
c) Have been continuously registered with the
				Illinois Secretary of State for the 12 month period immediately prior to the
				date of its sale for use in a vehicle scrappage project or program;
d) If the vehicle will be used to claim CERs
				that are intended to address a specific pollution problem (e.g., ozone
				nonattainment), the vehicle must have been registered at an address within an
				area where emissions reductions are required for the applicable pollutant or
				pollutant precursor for the 12 month period immediately prior to the date of
				its sale for use in a vehicle scrappage project or program;
e) Be legally driven to the collection site
				and have the applicable equipment required to drive the vehicle on any highway
				as specified in Chapter 12 of the Illinois Vehicle Code [625 ILCS 5/12
				];
f) Be powered by a spark
				ignition internal combustion engine;
g) Have arrived at the place of sale under
				its own power;
h) Have passed the
				operability check specified in Section
				207.312 of this
				Subpart; and
i) Be in compliance
				with the Illinois vehicle emissions testing program as specified by the
				Illinois Vehicle Emissions Inspection Law of 1995 [625 ILCS 5/13B ] and
				regulations promulgated thereunder.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 207 - VEHICLE SCRAPPAGE ACTIVITIES › Subpart C - REQUIREMENTS OF VEHICLE SCRAPPAGE PROJECTS AND PROGRAMS › Section 207.306 - Vehicle Ownership

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each
				vehicle retired pursuant to a vehicle scrappage project or program must have a
				valid, legally transferable title.
b) An owner listed on the title, a legal
				representative of the owners, or, if the owner is an entity, an agent of the
				entity must appear at the collection site with the vehicle at the time of its
				sale to a vehicle scrappage project or program.
c) It shall be the responsibility of the
				vehicle scrappage sponsor or manager to provide the Illinois Secretary of State
				with all vehicle transfer records necessary to document the proper transfer and
				retirement of vehicles that are scrapped. The Agency assumes no responsibility
				for documentation or legality of transfer of vehicle titles.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 207 - VEHICLE SCRAPPAGE ACTIVITIES › Subpart C - REQUIREMENTS OF VEHICLE SCRAPPAGE PROJECTS AND PROGRAMS › Section 207.308 - Notification of Intent to Retire Vehicles

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the vehicle scrappage plan targets
				certain vehicles, as provided in Subpart D of this Part, the vehicle scrappage
				manager or sponsor may request that the Agency provide notice of the applicable
				vehicle scrappage activities to owners of vehicles that meet the specifications
				in the plan. This notice will provide information to allow the vehicle owners
				to contact the relevant vehicle scrappage sponsor or manager for more
				information about the proposed vehicle scrappage activities.
b) If a vehicle scrappage manager or sponsor
				does not request the Agency to provide notification as provided in subsection
				(a) of this Section, the vehicle scrappage sponsor or manager must notify
				owners of vehicles that are prospective candidates for retirement of the
				proposed vehicle scrappage activities. Notification may be provided by general
				public notification methods.
c) Any
				notification provided to vehicle owners by vehicle scrappage sponsors or
				managers must, at a minimum, convey the following information:
1) That participation in the program or
				project is strictly voluntary;
2)
				The name and address of the vehicle scrappage sponsor or manager;
3) All conditions that the vehicle owner and
				the vehicle itself must satisfy in order to participate in the vehicle
				scrappage project or program;
4)
				The amount of money that is being offered to the owner by the vehicle scrappage
				sponsor or manager for the purchase of the owner's vehicle if all conditions of
				vehicle eligibility are met;
5)
				That the identification of the owner's vehicle as a candidate for retirement
				does not constitute an allegation of any environmental or other violation by
				that owner; and
6) A clear
				statement that the notice is being provided by that sponsor or manager, not by
				the Agency or by any other governmental entity, unless the Agency is the
				vehicle scrappage sponsor.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 207 - VEHICLE SCRAPPAGE ACTIVITIES › Subpart C - REQUIREMENTS OF VEHICLE SCRAPPAGE PROJECTS AND PROGRAMS › Section 207.310 - Notification to Vehicle Collectors and Automotive Rebuilders and Suppliers

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency will
				make available to vehicle scrappage sponsors or managers a list of recognized
				vehicle collector associations and persons normally engaged in either the
				business of rebuilding vehicle parts or supplying such parts to rebuilders that
				may be interested in purchasing vehicles collected under projects and programs.
				Recognized vehicle collector associations and persons normally engaged in
				either the business of rebuilding vehicle parts or supplying such parts to
				rebuilders must submit a written request to the Agency for inclusion on the
				list.
b) Vehicle scrappage sponsors
				or managers shall provide notification of the availability of vehicles to be
				retired by either posting notice on the Internet or providing written notice to
				the persons or entities identified by the Agency on the list specified in
				subsection (a) of this Section. Vehicles may not be retired until 21 days after
				the notification required by this subsection is provided.
c) A vehicle scrappage manager or sponsor may
				utilize Agency capabilities to provide the notification required under this
				Section on the Internet.
d) Vehicle
				scrappage sponsors and managers may sell vehicles to interested persons in lieu
				of retiring the vehicle for CERs. Vehicle scrappage managers and sponsors
				remain eligible for CERs if non-emissions-related parts are sold to interested
				persons or emissions-related parts are sold to either vehicle collectors or
				persons normally engaged in either the business of rebuilding vehicle parts or
				supplying such parts to rebuilders, provided that disassembly of
				emissions-related parts has been performed as specified in Section
				207.316(e)
				of this Subpart. If a vehicle or emissions-related parts from a vehicle are
				resold without disassembly as specified in Section
				207.316(e)
				of this Subpart, CERs may not be claimed for the vehicle.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 207 - VEHICLE SCRAPPAGE ACTIVITIES › Subpart C - REQUIREMENTS OF VEHICLE SCRAPPAGE PROJECTS AND PROGRAMS › Section 207.312 - Operability Check

Current through Register Vol. 48, No. 28, July 12, 2024
Each vehicle that is to be retired pursuant to this Part
				  shall pass an operability check prior to purchase and collection. The
				  operability check shall include, at a minimum:
a) Start-up of the vehicle;
b) Test-drive of the vehicle for five or more
				feet in forward gear;
c) Test-drive
				of the vehicle for five or more feet in reverse gear;
d) Shut-off of the vehicle; and
e) Visual inspection for fluid leakage or any
				malfunction or other damage that would render the vehicle unsuitable for normal
				operation.