TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 274 CLEAN AIR SET-ASIDE
SECTION 274.208 AGENCY ACTION ON CAIR CASA APPLICATIONS


 

Section 274.208  Agency Action on CAIR CASA Applications

 

a)         If the Agency finds that an application meets the applicable requirements, the Agency will notify the project sponsor in writing within 90 days after the Agency's receipt of the application that the application is deemed complete, and that the requested number of allowances is approvable pending other requests for allowances from the same project category.

 

b)         If the Agency finds that an application does not contain all required information pursuant to 35 Ill. Adm. Code 225.470 or 225.570, as applicable, the Agency will, within 90 days after the Agency's receipt of the application, send a written request via certified mail to the project sponsor requesting the submittal of additional information.  The project sponsor will have 14 days from the date of receipt of notification to respond by U.S. registered or certified mail, return receipt requested, other trackable mail, or delivery in person to the Illinois Environmental Protection Agency, Bureau of Air, Compliance Section, 1021 North Grand Avenue East, Springfield, Illinois 62794-9276.  Responses that are hand-delivered shall be delivered to and receipted for by the Illinois EPA, Bureau of Air, Manager of the Division of Air Pollution Control or his or her designee.  If the project sponsor does not respond in a timely manner or does not respond with all the required information, the application is deemed denied and no allowances will be distributed.  The Agency will notify the project sponsor of the modified distribution or denial via certified mail.

 

c)         If the Agency finds that an application is complete but does not meet the applicable requirements, the Agency will send a written notification via certified mail of the application's deficiencies to the project sponsor within 90 days after the Agency's receipt of the application.  The project sponsor will have 14 days from the date of receipt of notification of deficiencies to respond via U.S. registered or certified mail, return receipt requested, other trackable mail, or delivery in person to the Illinois Environmental Protection Agency, Bureau of Air, Compliance Section, 1021 North Grand Avenue East, Springfield, Illinois 62794-9276.  Responses that are hand-delivered shall be delivered to and receipted for by the Illinois EPA, Bureau of Air, Manager of the Division of Air Pollution Control or his or her designee.  If the project sponsor does not respond in a timely manner or does not adequately address the deficiencies, the application is deemed denied and no allowances will be distributed.  The Agency shall notify the project sponsor of the modified distribution or denial via certified mail.

 

d)         If the Agency finds that the number of NOx allowances requested in the application is not approvable, the Agency will send written notification via certified mail to the project sponsor within 90 days after the Agency's receipt of the application.  This notification will include the modified number of NOx allowances that may be approved but not guaranteed due to availability.  The project sponsor will be given 14 days from the date of receipt of notification to respond via U.S. registered or certified mail, return receipt requested, other trackable mail, or delivery in person to the Illinois Environmental Protection Agency, Bureau of Air, Compliance Section, 1021 North Grand Avenue East, Springfield , Illinois 62794-9276.  Responses that are hand-delivered shall be delivered to and receipted for by the Illinois EPA, Bureau of Air, Manager of the Division of Air Pollution Control or his or her designee.  If the project sponsor does not respond within the above timeframe, the Agency's determination of the modified total number of NOx allowances will be considered accepted.  Even if the project sponsor does respond within the above timeframe, the Agency may still decide that the additional information fails to support modifying the number of approvable NOx allowances and use its original determination of approvable NOx allowances rather than the number requested by the project sponsor.  The Agency shall notify the project sponsor of the distribution via certified mail.

 

e)         Prior to making final NOx allowance distributions, the Agency will review any information submitted in a timely manner by a project sponsor in response to a written notification as described in subsections (b), (c), and (d) of this Section.  The Agency may send multiple written requests for information or response if time allows.