Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 205 - EMISSIONS REDUCTION MARKET SYSTEM › Subpart D - SEASONAL EMISSIONS MANAGEMENT › Section 205.400 - Seasonal Emissions Allotment

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Each participating source shall receive an allotment which shall be issued by
				the Agency and distributed in ATUs.
b) Except for ATUs issued pursuant to
				Sections
				205.500
				and
				205.510
				of this Part, ATUs issued for any seasonal allotment period are valid for use
				during the seasonal allotment period following issuance and the next succeeding
				seasonal allotment period. All ATUs shall be valid until such ATUs expire or
				are retired.
c) The initial
				allotment for each participating source shall be based on the baseline
				emissions for such source, as determined in accordance with Section
				205.320 of
				this Part, and shall be reduced by 12 percent in 1999 or in such other year
				that a source is issued its initial allotment, except as provided in Section
				205.405
				of this Subpart.
d) Except as
				provided in Section
				205.337(b)(3)
				of this Part and subsections (c) and (e) of this Section, allotments shall
				remain at 1999 or initial levels unless the Agency makes a demonstration to the
				Board, in accordance with the rulemaking provisions of Sections 9.8, 27 and 28
				of the Act [415 ILCS 5/9.8, 27 and 28 ], that further reductions are needed. An
				allotment or a baseline under this Part does not constitute a property right.
				Nothing in this Part shall be construed to limit the authority of the Board to
				terminate or limit such allotment or baseline pursuant to its rulemaking
				authority under Sections 9.8, 27 and 28 of the Act [415 ILCS 5/9.8, 27 and 28
				].
e) If the baseline emissions for
				any participating source are increased in accordance with Section
				205.320(f)
				of this Part, the allotment shall be increased by the modified portion of the
				baseline emissions amount, reduced by 12 percent, except as provided in Section
				205.405
				of this Subpart.
f) Except as
				provided in subsection (h) of this Section, any new participating source shall
				not be issued ATUs by the Agency, but shall be required to hold ATUs at the end
				of the reconciliation period as specified in Section
				205.150(d)
				of this Part.
g) Any source
				existing as of May 1, 1999, which first becomes subject to the requirements of
				this Part because its seasonal emissions increase to 10 tons or more as a
				result of a major modification pursuant to 35 Ill. Adm. Code 203, in any
				seasonal allotment period beginning with 1999, shall not be allotted ATUs by
				the Agency for the VOM emissions attributable to this modification, except as
				provided in subsection (h) of this Section, but shall be allotted ATUs by the
				Agency based on its baseline emissions, as determined in accordance with
				Section
				205.320 of
				this Part. Any such participating source shall be required to hold ATUs at the
				end of the reconciliation period as specified in Section
				205.150(c)
				of this Part, for each seasonal allotment period in which it is subject to this
				Part.
h) If a participating source
				or new participating source submits an ATU transfer agreement authorizing the
				transfer of ATUs for more than one year, as provided in Section
				205.630(a)(2)(B)
				 of this Part, the ATUs shall be
				automatically transferred by the Agency from the transferor's Transaction
				Account to the transferee's Transaction Account. Upon reopening or renewal of
				the CAAPP permit or FESOP for any such source, any multiple season transfer
				agreement that has three or more years of transfers remaining shall be
				identified in the renewed or reissued CAAPP permit or FESOP for each such
				source.