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-construction permit application shall include a compliance plan and project completion schedule showing the grain-handling operation's or grain-drying operation's program for -compl ying'with the standards and limitations of Section 212.463 or 212.46] as - the case may be; Within a reasonable time after'the date on which notice of a certified Investigation indicating alleged pollution
was received by said operation; provided, however, any such operation shall not be " required-to reduce emissions from those parts of the operation that the applicant can prove to.the Agency are not the pro.bable cause of the pollution alleged In the certified Investigation.
1) The written notice of-loss, of exemption ,
- is'not a final action of the Agency i appealable to the Board.
2) Denial of a permit requested pursuant to
subsection (d) Is a final action
appealable-to the Board under Section 40
of the Act (111. Rev. Stat. 1981. ch. Ill
' . 1/2, par.; 1040).
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e) Circumvention. It shall.be a violation of this regulation for any'person or persons to attempt to circumvent the;requirements of
. this regulation by establishing a pattern of - ownership or facility development which. -. except for such pattern of ownership or - facility development, would otherwise require
application of Section 212.462 or 212.46).
f) Standard on Appeal to 8oard. In ruling on any appea! of a permit dental under subsection (c) or (d) above, the Board shall not order the permit to be Issued by the
- Agency unless the applicant who has appealed - the permit denial has proved to the Board - that the grain-handling operation or
grain-drying operation which is the subject of the denied'appl icatlon is not injurious to human, plant or animal life, to health, or to property, and does not unreasonably Interfere
with the enjoyment of life or property.
g) Alternate Control- of Particulate Emissions.
1) Grain-handl ing or grain-drying
operations, which Were in numerical compliance with Section 212.322. as of April 14; 1972.. and continue to be in compliance with Section 212.322 need not comply with the provisions under this
Subpart., except the housekeeping practices In subsection (b) and this subsection (g).
2) Grain-handling or grain-dryingoperations, which were not in numerical compliance with Section 212.322. as or April 14. 1972. but which came into
compliance with Section.212.321 prior to April 14. 1972. and continue, to be in
compliance with Section 21.2.321 need hot comply with the provisions under this
'Subpart, except the housekeeping
practices in subsection (bi and this Subsection (g).
3) Proof of compliance with said rule shall 1 be made by stack sampling and/or material
balance results-obtained from actual testing of the subject facility or process and be submitted at the time of an application for., or renewal of. an operating permit.
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h) Severability. If any provision of these. rules and regulations Is adjudged Invalid. < such invalidity shall nbt affect the validity
of this 35 111. A<to. code: Subtitle B. Chapter.L.(Chapiter:Lasa whole or or any. i Part. Subpart, sentence or clause thereof not - adjudged invalid.
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(Source: Amended at 3 111. Reg. 184. effective .September 28. 1979)
Section 212.462 Grain HandlInspirations
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Unless otherwise exempted pursuant to Section 212.461(c) of (d). or allowed to use alternate control, according to Section 212.461(g). . existing grain-handling operations With a total annual grain- through-put~of~ 300,00(y bushe3s- or. more shall apply for an operating"permit pursuant to 3S 111. Ada. Code 201. and shall demonstrate compliance with the. following:
a) iCleaning and Separating Operations.
.1) i - ,;
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2)
, . , ,
Particulate matter generated during cleaning and separating operations shall be captured to the extent necessary to prevent vlstbTe parCIcUTate matter
emissions directly Into the atmosphere.
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For graini-handi ing -facllHies having a
grain- thrOugh-put of not mare than 2
million bushels per year or located
outside a major population area, air
contSWTna'ftrs'coTTecred'fnwr cTeaning and
separating, operations shall be conveyed
through.air pollution control equipment
which has a rated and actuaT particulate
removal efficiency of not less than 90S
by weight prior to release into the
atmosphere.-
3) For grain-handling facilities having a i grain through-put exceeding 2 million , bushels per year and located within a , major population area, air contaminants collected from cleaning antf'separarfftg operations shall be conveyed through air , pollution control equipment which has a , rated and actual. particulate removal . efficiency of not less than 981 by weight prior to:release Into the atmosphere.
b) Mai jor Dump-Pit Area.
1): Induced Draft.
: A) Induced draft shall be applied to maiqr dump .pits and their associated
i equipment (including, but not limited" to. boots, hoppers and legs) to such
, an extent that a mininum face
velocity is maintained, at. the
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