35 Ill. Adm. Code 204.1860
Renewal of a PAL
Section 204.1860 Renewal of a PAL
a) The Agency
shall follow the procedures specified in Section 204.1810 in approving any
request to renew a PAL for a major stationary source, and shall provide both
the proposed PAL level and a written rationale for the proposed PAL level to
the public for review and comment. During such public review, any person may
propose a PAL level for the source for consideration by the Agency.
b) Application
Deadline. A major stationary source owner or operator shall submit a timely
application to the Agency to request renewal of a PAL. A timely application is
one that is submitted at least 6 months before, but not earlier than 18 months
before, the date of permit expiration. This deadline for application submittal
is to ensure that the permit will not expire before the permit is renewed. If
the owner or operator of a major stationary source submits a complete
application to renew the PAL within this time period, the PAL shall continue to
be effective until the revised permit with the renewed PAL is issued.
c) Application
Requirements. The application to renew a PAL permit shall contain:
1) The
information required in Section 204.1790.
2) A
proposed PAL level.
3) The
sum of the potential to emit of all emissions units under the PAL (with
supporting documentation).
4) Any
other information the owner or operator wishes the Agency to consider in
determining the appropriate level for renewing the PAL.
d) PAL Adjustment.
In determining whether and how to adjust the PAL, the Agency shall consider the
options outlined in subsections (d)(1) and (d)(2). However, in no case may any
such adjustment fail to comply with subsection (d)(3).
1) If
the emissions level calculated in accordance with Section 204.1820 is equal to
or greater than 80 percent of the PAL level, the Agency may renew the PAL at
the same level without considering the factors set forth in subsection (d)(2);
or
2) The Agency
may set the PAL at a level that it determines to be more representative of the
source's baseline actual emissions, or that it determines to be more
appropriate considering air quality needs, advances in control technology,
anticipated economic growth in the area, desire to reward or encourage the
source's voluntary emissions reductions, or other factors as specifically
identified by the Agency in its written rationale.
3) Notwithstanding
subsection (d)(1):
A) If the
potential to emit of the major stationary source is less than the PAL, the Agency
shall adjust the PAL to a level no greater than the potential to emit of the
source; and
B) The Agency
shall not approve a renewed PAL level higher than the current PAL, unless the
major stationary source has complied with the provisions of Section 204.1870 (increasing
a PAL).
e) If
the compliance date for a State or federal requirement that applies to the PAL
source occurs during the PAL effective period, and if the Agency has not
already adjusted for that requirement, the PAL shall be adjusted at the time of
PAL permit renewal or CAAPP permit renewal, whichever occurs first.