reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 254 - ANNUAL EMISSIONS REPORT › Subpart B - REPORTING REQUIREMENTS FOR LARGE SOURCES › Section 254.203 - Contents of Subpart B Annual Emissions Report

Current through Register Vol. 48, No. 28, July 12, 2024
The Annual Emissions Report filed pursuant to this Subpart
				  shall be limited to information requested by the Agency and required in the
				  application for permits or renewals, including source identification
				  information, emissions information, operating data, control device information,
				  and exhaust point information for each regulated air pollutant emitted at the
				  source. The information shall be provided for an individual emission unit or
				  operation if this is also required in the application for permits or renewals.
				  The Annual Emissions Report to be filed pursuant to this Subpart shall contain
				  the following information, as applicable:
a) Source identification information:
1) Source name, physical location and mailing
				address;
2) SIC code;
3) Source contact; and
4) Source contact telephone number.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 254 - ANNUAL EMISSIONS REPORT › Subpart B - REPORTING REQUIREMENTS FOR LARGE SOURCES › Section 254.204 - Complete Reports

Current through Register Vol. 48, No. 28, July 12, 2024
The Annual Emissions Report shall be considered complete if
				  it contains the information required by Section
				  254.203
				  of this Subpart for all regulated air pollutants emitted by the source to the
				  extent that information is applicable to the activities, equipment or emissions
				  of the source during the year for which the report is submitted. Information
				  required by Section
				  254.203
				  of this Subpart and provided by the Agency in the Source Inventory Report must
				  be either verified as accurate or modified by the owner or operator, to the
				  extent the Source Inventory Report is relied upon by the owner or operator to
				  compile the Annual Emissions Report. Information required by Section
				  254.203
				  of this Subpart but not provided by the Agency must be provided by the owner or
				  operator, unless the information has been previously provided to the
				  Agency.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 254 - ANNUAL EMISSIONS REPORT › Subpart C - REPORTING REQUIREMENTS FOR OTHER SOURCES › Section 254.303 - Contents of Subpart C Annual Emissions Report

Current through Register Vol. 48, No. 28, July 12, 2024
The Annual Emissions Report to be filed pursuant to this
				  Subpart shall contain the following information:
a) Source identification information:
1) Source name, physical location and mailing
				address;
2) SIC code;
3) Source contact; and
4) Source contact telephone number.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 254 - ANNUAL EMISSIONS REPORT › Subpart C - REPORTING REQUIREMENTS FOR OTHER SOURCES › Section 254.306 - Complete Reports

Current through Register Vol. 48, No. 28, July 12, 2024
The Annual Emissions Report under this Subpart shall be
				  considered complete if it contains the information required by Section
				  254.303
				  of this Subpart and any additional data required to be reported as specified in
				  permit condition(s), to the extent that the information is applicable to the
				  activities, equipment or emissions of the source during the year for which the
				  report is submitted. Information required by Section
				  254.303
				  of this Subpart and provided by the Agency in the Source Inventory Report must
				  be either verified as accurate or modified by the owner or operator, to the
				  extent the Source Inventory Report is relied upon by the owner or operator to
				  compile their Annual Emissions Report. Information listed in Section
				  254.303
				  of this Subpart, but not provided by the Agency in the Source Inventory Report,
				  must be provided by the owner or operator, unless the information has been
				  previously provided to the Agency.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 254 - ANNUAL EMISSIONS REPORT › Subpart E - SEASONAL EMISSIONS REPORT UNDER ERMS › Section 254.501 - Contents of a Seasonal Emissions Report

Current through Register Vol. 48, No. 28, July 12, 2024
a) The owner or operator of a source subject
				to the seasonal emissions reporting requirements for ERMS required by 35 Ill.
				Adm. Code
				205.300
				must provide the following information:
1)
				Source identification information:
A) Source
				name, physical location and mailing address;
B) Name of Responsible Official;
				and
C) Source contact telephone
				number.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 255 - GENERAL CONFORMITY: CRITERIA AND PROCEDURES › Section 255.100 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Part is to establish criteria and
				procedures substantively similar to 40 CFR 51, Subpart W whereby Federal
				agencies required to make conformity determinations of Federal actions to
				Illinois' air quality implementation plans may consult and coordinate with the
				IEPA.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 255 - GENERAL CONFORMITY: CRITERIA AND PROCEDURES › Section 255.110 - Federal Requirement

Current through Register Vol. 48, No. 28, July 12, 2024
a) Section
			 176(b)(1) of the Federal Clean Air Act (CAA) requires that any department,
			 agency, or instrumentality of the Federal Government that engages in, supports
			 in any way, provides financial assistance for, licenses, permits, or approves
			 any activity must conform to an applicable implementation plan.
b) A Federal agency must make a determination
			 that a Federal action conforms to the applicable implementation plan before the
			 action is taken.
c) Subsection (b)
			 of this Section does not include Federal actions where either:
1) A National Environmental Policy Act (NEPA)
			 analysis was completed as evidenced by a final environmental assessment (EA),
			 environmental impact statement (EIS), or finding of no significant impact
			 (FONSI) that was prepared prior to January 31, 1994;
2) Prior to January 31, 1994, an EA was
			 commenced or a contract was awarded to develop the specific environmental
			 analysis;
3) Sufficient
			 environmental analysis is completed by March 15, 1994, so that the Federal
			 agency may determine that the Federal action is in conformity with the specific
			 requirements and the purposes of the applicable SIP pursuant to the Federal
			 agency's affirmative obligation under section 176(c) of the CAA; or
4) A written determination of conformity
			 under section 176(c) of the CAA has been made by the Federal agency responsible
			 for the Federal action by March 15, 1994.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 255 - GENERAL CONFORMITY: CRITERIA AND PROCEDURES › Section 255.120 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) Conformity
			 determinations for Federal actions related to transportation plans, programs,
			 and projects developed, funded, or approved under Title 23 U.S.C. or the
			 Federal Transit Act ( 49 U.S.C. 1601 et seq.) are not subject to the
			 requirements of this Part.
b) For
			 Federal actions not covered by subsection (a) of this Section and not exempt
			 pursuant to Section
			 255.170
			 of this Part, a conformity determination is required for each pollutant where
			 the total of direct and indirect emissions in a nonattainment or maintenance
			 area caused by a Federal action would equal or exceed any of the rates in
			 subsection (b)(1) or (b)(2) of this Section:
1) Nonattainment Areas:
Tons/Year
Ozone (VOC's or NOx):
Serious NAA's
50
Severe NAA's
25
Extreme NAA's
10
Other ozone NAA's outside an ozone transport
						  region
100
Marginal and moderate NAA's inside an ozone transport
						  region:
VOC
50
NOx
100
Carbon monoxide:
All NAA's
100
SO2 or
						  NO2:
All NAA's
100
PM-10:
Moderate NAA's
100
Serious NAA's
70
Pb:
All NAA's
25
2)
			 Maintenance Areas:
Tons/Year
Ozone (NOx)
						  SO2 or NO2:
All maintenance areas
100
Ozone (VOC's):
Maintenance areas inside an ozone transport
						  region
50
Maintenance areas outside an ozone transport
						  region
100
Carbon monoxide:
All maintenance areas
100
PM-10:
All maintenance areas
100
Pb:
All maintenance areas
25
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 255 - GENERAL CONFORMITY: CRITERIA AND PROCEDURES › Section 255.150 - Abbreviations

Current through Register Vol. 48, No. 28, July 12, 2024
CAA
Clean Air Act
CERCLA
Comprehensive Environmental Response, Compensation and
						  Liability Act
EA
environmental assessment
EIS
environmental impact statement
FONSI
finding of no significant impact
IEPA
Illinois Environmental Protection Agency
km
kilometer
MPO
metropolitan planning organization
mi
mile
NAA
nonattainment area
NAAQS
National Ambient Air Quality Standard
NEPA
National Environmental Policy Act
NSR
New Source Review
PSD
Prevention Significant Deterioration
SIP
state implementation plan
USEPA
United States Environmental Protection Agency
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 255 - GENERAL CONFORMITY: CRITERIA AND PROCEDURES › Section 255.160 - Incorporations by Reference

Current through Register Vol. 48, No. 28, July 12, 2024
The following materials are incorporated by reference and do
				not contain any subsequent additions or amendments:
a) Determining Conformity of General Federal
			 Actions to State or Federal Implementation Plans, 40 CFR 51, Subpart
			 W.
b) National Primary and
			 Secondary Ambient Air Quality Standards, 40 CFR 50(1995).
c) Designations of Areas for Air Quality
			 Purposes, 40 CFR 81(1995).
d)
			 Compilation of Air Pollutant Emission Factors (AP-42) the Technical Support
			 Division of OAQPS, EPA, MD-14, Research Triangle Park, NC 27711.
e) "Guideline on Air Quality Models" Part 51
			 - Requirements for Preparation, Adoption, and Submittal of Implementation
			 Plans, 40 CFR 51, Appendix W, 61 Fed. Reg. 41837 (August 12, 1996).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 255 - GENERAL CONFORMITY: CRITERIA AND PROCEDURES › Section 255.180 - Conformity Analysis

Current through Register Vol. 48, No. 28, July 12, 2024
Any Federal department, agency, or instrumentality of the
				Federal government taking an action subject to the requirements of this Part
				must make its own conformity determination consistent with the requirements of
				this Part. In making its conformity determination, a Federal agency must
				consider comments from any interested parties. Where multiple Federal agencies
				have jurisdiction for various aspects of a project, a Federal agency may choose
				to adopt the analysis of another Federal agency or develop its own analysis in
				order to make its conformity determination.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 255 - GENERAL CONFORMITY: CRITERIA AND PROCEDURES › Section 255.190 - Reporting Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
			 Federal agency making a conformity determination under Section
			 255.220
			 of this Part must provide to appropriate USEPA Region V Office, IEPA, local air
			 quality agencies and, where applicable, affected Federal land managers, the
			 agency designated under section 174 of the CAA, and the MPO a 30 day notice
			 which describes the proposed action and the Federal agency's draft conformity
			 determination on the action.
b) A
			 Federal agency must notify USEPA Region V Office, IEPA, local air quality
			 agencies and, where applicable, affected Federal land managers, the agency
			 designated under section 174 of the CAA and the MPO within 30 days after making
			 a final conformity determination under Section
			 255.220
			 of this Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 255 - GENERAL CONFORMITY: CRITERIA AND PROCEDURES › Section 255.200 - Public Participation

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon
			 request by any person regarding a specific Federal action, a Federal agency
			 must make available for review its draft conformity determination under Section
			 255.220
			 of this Part with supporting materials which describe the analytical methods
			 and conclusions relied upon in making the applicability analysis and draft
			 conformity determination.
b) A
			 Federal agency must make public its draft conformity determination under
			 Section
			 255.220
			 of this Part by placing a notice by prominent advertisement in a daily
			 newspaper of general circulation in the area affected by the action and by
			 providing 30 days for written public comment prior to taking any formal action
			 on the draft determination. This comment period may be concurrent with any
			 other public involvement, such as occurs in the NEPA process.
c) A Federal agency must document its
			 response to all the comments received on its draft conformity determination
			 under Section
			 255.220
			 of this Part, and make the comments and responses available, upon request by
			 any person regarding a specific Federal action, within 30 days after the final
			 conformity determination.
d) A
			 Federal agency must make public its final conformity determination under
			 Section
			 255.220
			 of this Part for a Federal action by placing a notice by prominent
			 advertisement in a daily newspaper of general circulation in the area affected
			 by the action within 30 days after the final conformity
			 determination.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 255 - GENERAL CONFORMITY: CRITERIA AND PROCEDURES › Section 255.210 - Frequency of Conformity Determinations

Current through Register Vol. 48, No. 28, July 12, 2024
a) The conformity status of a Federal action
			 shall lapse 5 years from the date a final conformity determination is reported
			 under Section
			 255.190 of
			 this Part, unless the Federal action has been completed or a continuous program
			 has been commenced to implement that Federal action within a reasonable
			 time.
b) Ongoing Federal activities
			 at a given site showing continuous progress are not new actions and do not
			 require periodic redeterminations so long as such activities are within the
			 scope of the final conformity determination reported under Section
			 255.190 of
			 this Part.
c) If, after the
			 conformity determination is made, the Federal action is changed so that there
			 is an increase in the total of direct and indirect emissions above the levels
			 in Section
			 255.120(b)(1) and
			 (2) of this Part, a new conformity
			 determination is required.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 255 - GENERAL CONFORMITY: CRITERIA AND PROCEDURES › Section 255.230 - Procedures for Conformity Determinations of General Federal Actions

Current through Register Vol. 48, No. 28, July 12, 2024
a) The analyses
			 required under this Part must be based on the latest planning assumptions.
1) All planning assumptions must be derived
			 from the estimates of population, employment, travel, and congestion most
			 recently approved by the MPO, regional planning commission or other agency
			 authorized to make such estimates, where available.
2) Any revisions to these estimates used as
			 part of the conformity determination, including projected shifts in geographic
			 location or level of population, employment, travel, and congestion, shall be
			 developed in consultation with the regional planning commission, MPO or other
			 agency authorized to make such estimates for the urban area.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 255 - GENERAL CONFORMITY: CRITERIA AND PROCEDURES › Section 255.240 - Mitigation of Air Quality Impacts

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Any measures that are intended to mitigate air quality impacts must be
			 identified and the process for implementation and enforcement of such measures
			 must be described, including an implementation schedule containing explicit
			 time lines for implementation. Such measures shall become an integral component
			 of the Federal action being determined to conform. Failure to implement
			 committed mitigation measures will jeopardize the conformity determination and
			 expose the Federal agency to enforcement provisions of the CAA.
b) Prior to determining that a Federal action
			 is in conformity, the Federal agency making the conformity determination must
			 obtain written commitments from the appropriate persons or agencies to assure
			 the implementation of any mitigation measures which are identified as
			 conditions for making conformity determinations.
c) Persons or agencies voluntarily committing
			 to mitigation measures to facilitate positive conformity determinations must
			 comply with the obligations of such commitments.
d) In instances where the Federal agency is
			 licensing, permitting or otherwise approving the action of another governmental
			 or private entity, approval by the Federal agency must be conditioned on
			 binding the entity to implement the mitigation measures set forth in the
			 conformity determination.
e) When
			 necessary because of changed circumstances, mitigation measures may be modified
			 so long as the new mitigation measures continue to support the conformity
			 determination. Any proposed change in the mitigation measures is subject to the
			 reporting requirements of Section
			 255.190 of
			 this Part and the public participation requirements of Section
			 255.200 of
			 this Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 261 - PROCEDURES FOR PROVIDING GRANTS FROM THE ILLINOIS CLEAN DIESEL GRANT PROGRAM › Subpart A - INTRODUCTION › Section 261.110 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Illinois
				Environmental Protection Agency (Agency) is implementing the Illinois Clean
				Diesel Grant Program (ICDGP). The primary goal of this program is to reduce
				particulate matter emissions and other pollutants from diesel-powered vehicles
				and to improve public health. This program receives funding from a variety of
				sources and utilizes such funding to provide grant financial assistance to
				further the goals of the program and these specific sources of funding. The
				funding sources include, but are not limited to, the Diesel Emissions Reduction
				Act (DERA), Congestion Mitigation and Air Quality Improvement Program (CMAQ),
				American Recovery and Reinvestment Act of 2009 (ARRA), and supplemental
				environmental projects (SEP). Grant financial assistance from the ICDGP is
				subject to the requirements of the applicable funding source and the
				requirements of this Part.
b) This
				Part sets forth the procedures to be used by the Agency to operate the
				ICDGP.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 261 - PROCEDURES FOR PROVIDING GRANTS FROM THE ILLINOIS CLEAN DIESEL GRANT PROGRAM › Subpart A - INTRODUCTION › Section 216.130 - Abbreviations

Current through Register Vol. 48, No. 28, July 12, 2024
Agency
Illinois Environmental Protection Agency
ARRA
American Recovery and Reinvestment Act
CMAQ
Congestion Mitigation and Air Quality Improvement
							 Program
DERA
Diesel Emissions Reduction Act
GVWR
gross vehicle weight rating
ICDGP
Illinois Clean Diesel Grant Program
SEP
supplemental environmental project
State
State of Illinois
USEPA
United States Environmental Protection Agency
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 261 - PROCEDURES FOR PROVIDING GRANTS FROM THE ILLINOIS CLEAN DIESEL GRANT PROGRAM › Subpart A - INTRODUCTION › Section 261.140 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
If any Section, subsection, sentence or clause of this Part
				  shall be adjudged unconstitutional, void, invalid, or otherwise unlawful, such
				  adjudication shall not affect the validity of this Part as a whole, or any
				  Section, subsection, sentence, or clause thereof not adjudged unconstitutional,
				  void, invalid, or otherwise unlawful.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 261 - PROCEDURES FOR PROVIDING GRANTS FROM THE ILLINOIS CLEAN DIESEL GRANT PROGRAM › Subpart B - REQUIREMENTS FOR THE ILLINOIS CLEAN DIESEL GRANT PROGRAM › Section 261.210 - Uses of the Illinois Clean Diesel Grant Program

Current through Register Vol. 48, No. 28, July 12, 2024
The ICDGP shall be used and administered by the Agency for
				  the following purposes:
a) To accept
				and retain funds from awards, appropriations, SEPs, and other funding sources;
				and
b) To make grants to eligible
				grant applicants to finance projects that meet the purposes, goals, and
				requirements of the ICDGP and the applicable funding source, if any.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 261 - PROCEDURES FOR PROVIDING GRANTS FROM THE ILLINOIS CLEAN DIESEL GRANT PROGRAM › Subpart B - REQUIREMENTS FOR THE ILLINOIS CLEAN DIESEL GRANT PROGRAM › Section 261.220 - Agency Responsibilities under the Illinois Clean Diesel Grant Program

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency shall
				review and evaluate grant applications on a competitive basis, issue grants in
				accordance with the requirements of the ICDGP and the applicable funding
				source, and conduct oversight of grant project work.
b) Unless otherwise authorized by the Agency,
				once the grant recipient has performed the project scope of work in accordance
				with the requirements of this Part and the grant agreement, the Agency, subject
				to the provisions of this Part and the grant agreement, shall reimburse the
				grant recipient or contractor for the cost of the grant project work.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 261 - PROCEDURES FOR PROVIDING GRANTS FROM THE ILLINOIS CLEAN DIESEL GRANT PROGRAM › Subpart B - REQUIREMENTS FOR THE ILLINOIS CLEAN DIESEL GRANT PROGRAM › Section 261.230 - Requirements for Grant Recipients under the Illinois Clean Diesel Grant Program

Current through Register Vol. 48, No. 28, July 12, 2024
a) Grant
				recipients shall execute and comply with a grant agreement issued by the
				Agency. To the extent that grant recipients engage a contractor or
				subcontractor to perform all or a portion of the project scope of work, grant
				recipients shall enter into a sub-agreement covering those activities. The
				grant recipient shall provide a copy of the sub-agreement to the Agency and
				ensure that the contractor and any subcontractor are aware of and comply with
				applicable provisions of the grant agreement and the requirements of this
				Part.
b) Grant recipients shall
				provide for open and free competition, and shall use procurement procedures
				which reflect applicable local and State of Illinois (State) laws and
				regulations, provided the procurements conform to applicable federal law,
				relating to any sub-agreements for the performance of grant projects funded
				from the ICDGP.
c) Grant recipients
				shall comply with all applicable local, State, and federal laws, regulations,
				policies, guidance, federal award conditions, federal circulars, and executive
				orders in the performance of grant projects funded from the ICDGP.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 261 - PROCEDURES FOR PROVIDING GRANTS FROM THE ILLINOIS CLEAN DIESEL GRANT PROGRAM › Subpart C - PROCEDURES FOR ISSUANCE OF GRANTS › Section 261.310 - Scope and Availability of Grants

Current through Register Vol. 48, No. 28, July 12, 2024
a) Subject to the availability of funding and
				the limitations, criteria, procedures, and requirements set forth in this Part,
				grant financial assistance from the ICDGP is available to grant applicants for
				projects which meet the goals and requirements of the ICDGP and the applicable
				funding source.
b) Grant financial
				assistance shall be awarded on a competitive basis.
c) A grant recipient, if determined to be in
				noncompliance with this Part or the grant agreement, may not be eligible to
				receive an additional grant until compliance with any existing grant agreement
				is achieved and the grant recipient provides sufficient assurances to the
				Agency that it has addressed or will timely address the previous
				noncompliance.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 261 - PROCEDURES FOR PROVIDING GRANTS FROM THE ILLINOIS CLEAN DIESEL GRANT PROGRAM › Subpart C - PROCEDURES FOR ISSUANCE OF GRANTS › Section 261.320 - Limitations on Grant Amounts

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Grant financial assistance is limited to:
1)
				Sufficient appropriation by the State and the availability of cash deposited
				into the applicable fund from the applicable funding source; and
2) Approved allowable costs as defined by
				this Part and identified in the grant agreement.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 261 - PROCEDURES FOR PROVIDING GRANTS FROM THE ILLINOIS CLEAN DIESEL GRANT PROGRAM › Subpart C - PROCEDURES FOR ISSUANCE OF GRANTS › Section 261.330 - Grant Applicant Eligibility Criteria

Current through Register Vol. 48, No. 28, July 12, 2024
a) Grant applicants must be located in
				Illinois, unless otherwise agreed to by the Agency;
b) Grant applicants must own the vehicle(s)
				or equipment involved in the proposed grant project, unless otherwise agreed to
				by the Agency;
c) A unit,
				department, agency, or instrumentality of the federal government is not an
				eligible grant applicant under this Part, unless otherwise agreed to by the
				Agency;
d) Grant applicants'
				proposed projects must meet the goals of the ICDGP;
e) Grant applicants shall follow the
				procedures and requirements contained in this Part; and
f) Grant applicants must meet all eligibility
				criteria and requirements of the applicable funding source.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 261 - PROCEDURES FOR PROVIDING GRANTS FROM THE ILLINOIS CLEAN DIESEL GRANT PROGRAM › Subpart C - PROCEDURES FOR ISSUANCE OF GRANTS › Section 261.340 - Vehicle and Equipment Eligibility Criteria

Current through Register Vol. 48, No. 28, July 12, 2024
a) As approved by the Agency, eligible
				vehicles and equipment may include the following:
1) On-road diesel-powered vehicles or
				equipment; and
2) Off-road
				diesel-powered vehicles or equipment.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 261 - PROCEDURES FOR PROVIDING GRANTS FROM THE ILLINOIS CLEAN DIESEL GRANT PROGRAM › Subpart C - PROCEDURES FOR ISSUANCE OF GRANTS › Section 261.360 - Grant Applications

Current through Register Vol. 48, No. 28, July 12, 2024
a) To be
				considered for a grant, grant applicants must submit to the Agency a complete
				application form and other required information. The grant application form
				must be signed and dated by a representative authorized to sign for the grant
				applicant that is ultimately responsible for implementation of the project
				scope of work. The title of the representative must be provided.
b) Grant applicants must use grant
				application forms furnished by the Agency. Grant applicants shall obtain grant
				application forms, including other required information, and instructions from
				the Agency. Completed applications, including other required information, must
				be submitted to the Agency.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 261 - PROCEDURES FOR PROVIDING GRANTS FROM THE ILLINOIS CLEAN DIESEL GRANT PROGRAM › Subpart C - PROCEDURES FOR ISSUANCE OF GRANTS › Section 261.370 - Agency Action on Grant Applications

Current through Register Vol. 48, No. 28, July 12, 2024
a) Issuance of grants under this Part is
				subject to appropriation by the State and availability of funds from the
				applicable funding source.
b)
				Completed grant applications shall remain active for funding for one year from
				Agency receipt of the application.
c) If a grant applicant submits an incomplete
				application, the Agency shall attempt to so notify the grant applicant in
				writing, identifying the information that is lacking.
d) The Agency may request that the grant
				applicant revise its grant application.
e) Grant applicants are not eligible to
				obtain grant financial assistance by default due to failure by the Agency to
				act upon a grant application.
f)
				The Agency shall evaluate grant applications meeting the requirements of the
				applicable funding sources and this Part based on air quality benefit,
				geographic distribution, and project type.
g) The Agency shall select grant applications
				that best match the purposes of the ICDGP and applicable funding
				sources.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 261 - PROCEDURES FOR PROVIDING GRANTS FROM THE ILLINOIS CLEAN DIESEL GRANT PROGRAM › Subpart C - PROCEDURES FOR ISSUANCE OF GRANTS › Section 261.380 - Grant Agreement

Current through Register Vol. 48, No. 28, July 12, 2024
a) If
				selected for a grant project, the Agency shall send the grant applicant a grant
				agreement. The grant applicant shall sign and return the grant agreement within
				the time period specified by the Agency. If the grant applicant fails to submit
				the signed grant agreement to the Agency, the grant award may be considered
				null and void.
b) The grant
				agreement and any grant amendments and approved minor project scope of work
				changes shall govern the grant.
c)
				Following acceptance of the grant agreement by the State, the Agency shall
				issue a project confirmation letter, including a signed copy of the grant
				agreement, to the grant recipient, which authorizes the grant recipient to
				begin the project scope of work.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 261 - PROCEDURES FOR PROVIDING GRANTS FROM THE ILLINOIS CLEAN DIESEL GRANT PROGRAM › Subpart C - PROCEDURES FOR ISSUANCE OF GRANTS › Section 261.390 - Amendments to Grant Agreement and Minor Project Scope of Work Changes

Current through Register Vol. 48, No. 28, July 12, 2024
From time to time, the Agency and grant recipient may propose
				  changes to the grant agreement and mutually agree to changes to the grant
				  agreement.
a) Amendments to the Grant
				Agreement. A grant amendment is a significant change to the grant agreement
				that generally may include, but may not be limited to, changes to the total
				project cost, number of vehicles affected, grant period, or project air quality
				benefit. The grant agreement may be amended only by the mutual consent of the
				parties set forth in writing as a grant amendment, signed and dated by the
				Agency and the grant recipient. The following requirements and procedures apply
				to grant amendments:
1) The grant recipient
				may request a grant amendment at any point during the grant period. Requests
				for grant amendments must be submitted in writing to the Agency by the grant
				recipient's representative as defined in Section
				261.360(a)
				 (Grant Applications) of this
				Subpart.
2) The Agency shall notify
				the grant recipient in writing of its approval or rejection of the requested
				grant amendment no more than 90 calendar days after receipt of a request for a
				grant amendment.
3) Permissible
				grant amendments may include, but are not limited to, the following:
A) The original project cost approval was
				based on estimated costs or contractor bids and the actual costs or contractor
				bids are greater or less than the estimated costs;
B) Amendments to State or federal statutes or
				regulations have affected or will affect the project costs;
C) A project scope of work element was
				inadvertently omitted; or
D) A
				project scope of work element was added pursuant to applicable local, State, or
				federal law.
4) A grant
				amendment becomes effective when signed by both the Agency and the grant
				recipient, and approved by the State. Following acceptance, the Agency shall
				issue a project amendment confirmation letter, including a signed copy of the
				grant amendment, to the grant recipient.
5) A grant recipient is not eligible to
				obtain a grant amendment by default due to the Agency's failure to act within
				the time frame set forth in this Section.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 261 - PROCEDURES FOR PROVIDING GRANTS FROM THE ILLINOIS CLEAN DIESEL GRANT PROGRAM › Subpart D - REQUIREMENTS APPLICABLE TO PROJECT INITIATION, CHANGES, COMPLETION AND OPERATION OF PROJECT › Section 261.410 - Project Initiation

Current through Register Vol. 48, No. 28, July 12, 2024
The grant recipient shall not commence the project scope of
				  work until receipt of the Agency's project confirmation letter. In the event
				  the grant recipient commences any part of the project scope of work prior to
				  receipt of the Agency's project confirmation letter, the Agency may reject a
				  request for payment for any and all costs incurred.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 261 - PROCEDURES FOR PROVIDING GRANTS FROM THE ILLINOIS CLEAN DIESEL GRANT PROGRAM › Subpart D - REQUIREMENTS APPLICABLE TO PROJECT INITIATION, CHANGES, COMPLETION AND OPERATION OF PROJECT › Section 261.420 - Operation and Maintenance of the Project

Current through Register Vol. 48, No. 28, July 12, 2024
a) Grant recipients shall provide project
				oversight and monitoring to assure compliance with the project scope of
				work.
b) Grant recipients must
				operate and maintain the vehicle, equipment, and/or technology according to
				manufacturer specifications.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 261 - PROCEDURES FOR PROVIDING GRANTS FROM THE ILLINOIS CLEAN DIESEL GRANT PROGRAM › Subpart D - REQUIREMENTS APPLICABLE TO PROJECT INITIATION, CHANGES, COMPLETION AND OPERATION OF PROJECT › Section 261.430 - Delays and Developments

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				grant recipient shall notify the Agency in writing of any problems, delays, or
				adverse conditions which may materially impair its ability to complete the
				project scope of work. This notice shall include a statement of the action
				taken, or contemplated to be taken, to resolve the situation. This in no way
				implies that any such action or delay is accepted by the Agency or relieves the
				grant recipient of its obligations under the grant agreement or this
				Part.
b) The grant recipient shall
				notify the Agency of any favorable developments which may enable meeting time
				schedules and objectives sooner or at less cost than anticipated or producing
				more beneficial results than originally planned.
c) This Section cannot be used to request or
				obtain approval of proposed minor project scope of work changes or proposed
				grant amendments.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 261 - PROCEDURES FOR PROVIDING GRANTS FROM THE ILLINOIS CLEAN DIESEL GRANT PROGRAM › Subpart D - REQUIREMENTS APPLICABLE TO PROJECT INITIATION, CHANGES, COMPLETION AND OPERATION OF PROJECT › Section 261.440 - State and Federal Oversight

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The Agency and other entities as referenced in Subpart G of this Part shall
				have oversight of all grant projects performed under the ICDGP. Oversight
				includes, but is not limited to, access to the project work, personnel, and
				records in accordance with Subpart G of this Part.
b) The Agency may request changes to the
				grant recipient's performance of the project scope of work as a result of its
				oversight of the grant project. The grant recipient must modify its
				performance, as requested by the Agency, within the time frame specified by the
				Agency.
c) The Agency may partner
				with other entities to perform oversight of grant projects.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 261 - PROCEDURES FOR PROVIDING GRANTS FROM THE ILLINOIS CLEAN DIESEL GRANT PROGRAM › Subpart D - REQUIREMENTS APPLICABLE TO PROJECT INITIATION, CHANGES, COMPLETION AND OPERATION OF PROJECT › Section 261.450 - Evaluation of Performance

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency shall oversee grant recipient performance in the
				  following manner:
a) The Agency shall
				evaluate the grant recipient's performance and progress towards completion of
				the grant project.
b) If the
				Agency's evaluation reveals that the grant recipient is not in compliance with
				one or more provisions of the grant agreement or this Part, the Agency shall
				attempt to resolve the situation through negotiation. The Agency and the grant
				recipient shall put any settlement reached in writing as a grant amendment or
				minor project scope of work change, in accordance with Section
				261.390
				(Amendments to Grant Agreement and Minor Project Scope of Work Changes) of this
				Part.
c) If resolution is not
				achieved, the Agency may impose any of the remedies set forth in Subpart F of
				this Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 261 - PROCEDURES FOR PROVIDING GRANTS FROM THE ILLINOIS CLEAN DIESEL GRANT PROGRAM › Subpart D - REQUIREMENTS APPLICABLE TO PROJECT INITIATION, CHANGES, COMPLETION AND OPERATION OF PROJECT › Section 261.460 - Final Inspection

Current through Register Vol. 48, No. 28, July 12, 2024
The grant recipient shall notify the Agency in writing within
				  30 calendar days after completion of the project scope of work. The Agency
				  shall conduct the final inspection within 60 calendar days after receipt of the
				  notice of completion. If the Agency concludes at final inspection that
				  performance of the project scope of work is deficient, the Agency shall notify
				  the grant recipient in writing within 30 calendar days after final inspection.
				  Within 30 calendar days after receipt of the Agency's written notice of
				  deficiency, the grant recipient shall satisfy such deficiency and notify the
				  Agency in writing of completion. The Agency shall schedule a follow-up
				  inspection, or other appropriate review, within 30 calendar days after receipt
				  of such notice.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 261 - PROCEDURES FOR PROVIDING GRANTS FROM THE ILLINOIS CLEAN DIESEL GRANT PROGRAM › Subpart D - REQUIREMENTS APPLICABLE TO PROJECT INITIATION, CHANGES, COMPLETION AND OPERATION OF PROJECT › Section 261.470 - Equipment Disposition and Recoupment

Current through Register Vol. 48, No. 28, July 12, 2024
a) Grants under this Part are subject to
				applicable property disposition requirements contained in
				40 CFR
				30.34,
				40 CFR
				31.32, or
				49 CFR
				18.32, and the grant agreement.
b) Subject to subsection (a), if at any time
				the vehicle or equipment outlined in the project scope of work is not being
				used for its intended purpose by the grant recipient, the grant recipient may
				be required to reimburse the Agency for such vehicle, equipment, and/or
				technology cost plus installation in accordance with a straight-line
				month-to-month amortization over a five year period.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 261 - PROCEDURES FOR PROVIDING GRANTS FROM THE ILLINOIS CLEAN DIESEL GRANT PROGRAM › Subpart E - REQUIREMENTS APPLICABLE TO GRANT DISBURSEMENTS › Section 261.510 - Determination of Allowable Costs

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Allowable Costs. Allowable costs are reasonable and necessary costs directly
				attributable to the project scope of work. Allowable costs shall be identified
				in the grant agreement. Categories of reasonable and necessary costs include:
1) The direct purchase of eligible vehicles,
				equipment, or technology as specified in Sections
				261.340
				(Vehicle and Equipment Eligibility Criteria) or
				261.350
				(Technology Eligibility Criteria) of this Part, the materials necessary for
				installation of the eligible equipment or technology, and installation of the
				eligible equipment or technology;
2) Costs incurred only during the grant
				period; and
3) Other costs as
				determined by the Agency.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 261 - PROCEDURES FOR PROVIDING GRANTS FROM THE ILLINOIS CLEAN DIESEL GRANT PROGRAM › Subpart E - REQUIREMENTS APPLICABLE TO GRANT DISBURSEMENTS › Section 261.520 - Use of Grant Funds and Unallowable Costs

Current through Register Vol. 48, No. 28, July 12, 2024
a) Grant funds shall be expended solely for
				approved allowable costs incurred in the performance of the project scope of
				work.
b) Grant recipients shall pay
				the unallowable costs associated with the grant project, as well as all
				allowable costs that exceed the amount of the grant, and shall perform the
				project or cause it to be performed to completion in accordance with the
				project scope of work within the grant period.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 261 - PROCEDURES FOR PROVIDING GRANTS FROM THE ILLINOIS CLEAN DIESEL GRANT PROGRAM › Subpart E - REQUIREMENTS APPLICABLE TO GRANT DISBURSEMENTS › Section 261.530 - Disbursement of Grant Funds

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Unless otherwise authorized, the Agency shall use reimbursement disbursements
				as the method of payment of grant funds.
b) Disbursements are subject to appropriation
				by the State and the availability of cash deposited into the applicable fund
				from the applicable funding source.
c) Disbursements shall be made as follows:
1) Within 30 days after completion of final
				inspection as required by Section
				261.460 of this
				Part, the grant recipient shall submit invoices or a final invoice to the
				Agency showing purchases made and services performed; and
2) Unless otherwise authorized by the Agency,
				disbursements will be limited to either the maximum amount specified in the
				grant agreement or the actual allowable costs incurred, whichever is less, as
				evidenced by invoices or a final invoice. The Agency may withhold any
				disbursement for a violation of the grant agreement or this Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 261 - PROCEDURES FOR PROVIDING GRANTS FROM THE ILLINOIS CLEAN DIESEL GRANT PROGRAM › Subpart E - REQUIREMENTS APPLICABLE TO GRANT DISBURSEMENTS › Section 261.540 - Agency Reimbursement

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency shall be reimbursed for any grant funds disbursed
				  which have not been spent in accordance with the Illinois Grant Funds Recovery
				  Act [30 ILCS 705 ], this Part, or the grant agreement. The grant applicant must
				  reimburse the Agency for any misspent funds.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 261 - PROCEDURES FOR PROVIDING GRANTS FROM THE ILLINOIS CLEAN DIESEL GRANT PROGRAM › Subpart F - LIABILITIES AND REMEDIES FOR FAILURE TO COMPLY WITH GRANT PROCEDURES › Section 261.610 - Noncompliance with Grant Requirements and Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) In the event of noncompliance with any
				provision of the grant agreement or this Part, the Director may take any
				necessary action as provided by law or by the grant agreement against the grant
				recipient including, but not limited to, one or more of the following actions:
1) Commence legal action in a court of
				competent jurisdiction;
2) Declare
				all grant funds revoked immediately and recover all grant funds;
3) Terminate the grant pursuant to Section
				261.630
				(Grant Termination by the Agency) of this Subpart;
4) Suspend all or part of the project scope
				of work pursuant to Section
				261.620
				(Project Suspension) of this Subpart; or
5) Reduce the amount of the grant by the
				amount of misused funds.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 261 - PROCEDURES FOR PROVIDING GRANTS FROM THE ILLINOIS CLEAN DIESEL GRANT PROGRAM › Subpart F - LIABILITIES AND REMEDIES FOR FAILURE TO COMPLY WITH GRANT PROCEDURES › Section 261.620 - Project Suspension

Current through Register Vol. 48, No. 28, July 12, 2024
a) In the
				event of any violation of this Part or noncompliance with any provision of the
				grant agreement, the Agency may, by written notice and order, require the grant
				recipient to suspend all or any part of the project scope of work for a period
				of not more than 30 calendar days after the date of the order, and for any
				further period to which the parties may agree. Any such order shall include a
				list of the project activities to which it applies. Upon receipt of a project
				suspension order, the grant recipient shall immediately comply with its terms
				and shall minimize the incurrence of costs allocable to the work covered by the
				order during the period of suspension. Within 30 days after the date of the
				project suspension order, or within the period of any extension to which the
				parties have agreed, the Agency may:
1)
				Cancel the project suspension order upon resolution of the violation or cause
				leading to that project suspension order; or
2) Terminate the work covered by the project
				suspension order, as provided in Section
				261.630
				(Grant Termination by the Agency) of this Subpart.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 261 - PROCEDURES FOR PROVIDING GRANTS FROM THE ILLINOIS CLEAN DIESEL GRANT PROGRAM › Subpart F - LIABILITIES AND REMEDIES FOR FAILURE TO COMPLY WITH GRANT PROCEDURES › Section 261.630 - Grant Termination by the Agency

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency, by written notice to the grant recipient, may
				  terminate the grant in whole or in part. Cause for termination shall include,
				  but is not limited to, an Agency determination that the grant recipient has
				  failed to make sufficient progress in performing the project scope of work, or
				  failure by the grant recipient to comply with any provision of the grant
				  agreement or this Part. Upon grant termination, the grant recipient shall
				  refund any unexpended grant funds to the State, except for such portion as may
				  be required to pay the allowable costs under an enforceable sub-agreement prior
				  to the effective date of the termination. Within 30 days after grant
				  termination, the grant recipient must provide to the Agency written proof of
				  allowable costs incurred prior to the effective date of the
				  termination.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 261 - PROCEDURES FOR PROVIDING GRANTS FROM THE ILLINOIS CLEAN DIESEL GRANT PROGRAM › Subpart F - LIABILITIES AND REMEDIES FOR FAILURE TO COMPLY WITH GRANT PROCEDURES › Section 261.640 - Recovery of Grant Funds

Current through Register Vol. 48, No. 28, July 12, 2024
If the Agency determines that any grant funds are being
				  misspent or improperly held by the grant recipient, the Agency or the Attorney
				  General shall have the authority to recover those funds and take any action
				  authorized by the Illinois Grant Funds Recovery Act [30 ILCS 705
				  ].