On May 10, 2013, Illinois Environmental Protection Agency (IEPA) published the proposed amendments to the Permits and General Provisions (35 IAC Part 201) requirements. The final amendments, effective December 23, 2013, includes revisions to the exemptions from state permit requirements (35 IAC 201.146) and the categories of insignificant activities or emission levels (35 IAC 201.210). Notable changes to the permit exemptions rule are as follows:

  • The permit exemption at 35 IAC 201.146(l) for vehicle refueling, which previously only applied to retail operations, now includes non-retail dispensing operations without further qualification.
  • The permit exemption at 35 IAC 201.146(n)(1) for organic liquids storage tank with a capacity of less than 10,000 gallon now explicitly excludes storage tank that stores any amount of material or mixture of any material listed as a hazardous air pollutant (HAP).
  • The permit exemption at 35 IAC 201.146(n)(3) for distillate oil storage now explicitly includes kerosene and diesel fuel. This exemption applies to all tank sizes.

Furthermore, the amendments established an “insignificant activity” for the following:

  • Gasoline storage tanks, including gasoline/ethanol blend storage, with a capacity of less than 2,000 gallons at 35 IAC 201.210(a)(10)(B); and
  • Fuel dispensing operations with a rolling 12 month total throughput of less than 120,000 gallons of gasoline and any amount of diesel fuel at 35 IAC 201.210(a)(19).

    In addition, 35 IAC 201.210(a)(11) explicitly includes kerosene and diesel fuel for distillate oil storage tanks of all sizes that are considered insignificant activities.