reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart B - DEFINITIONS › Section 204.290 - Building, Structure, Facility, or Installation

Current through Register Vol. 48, No. 28, July 12, 2024
a) "Building, structure, facility, or
				installation" means all of the pollutant-emitting activities that belong to the
				same industrial grouping, are located on one or more contiguous or adjacent
				properties, and are under the control of the same person (or persons under
				common control). Pollutant-emitting activities shall be considered as part of
				the same industrial grouping if they belong to the same "Major Group" (i.e.,
				have the same first two-digit code) as described in the Standard Industrial
				Classification Manual) (incorporated by reference in Section
				204.100).
b) Notwithstanding the provisions of
				subsection (a), building, structure, facility, or installation means, for
				onshore activities under Standard Industrial Classification (SIC) Major Group
				13: Oil and Gas Extraction, all of the pollutant-emitting activities included
				in Major Group 13 that are located on one or more contiguous or adjacent
				properties, and are under the control of the same person (or persons under
				common control). Pollutant emitting activities shall be considered adjacent if
				they are located on the same surface site, or if they are located on surface
				sites that are located within 1/4 mile of one another (measured from the center
				of the equipment on the surface site) and they share equipment. Shared
				equipment includes, but is not limited to, produced fluids storage tanks, phase
				separators, natural gas dehydrators or emissions control devices. Surface site,
				as used in this subsection, has the same meaning as in
				40
				CFR 63.761.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart B - DEFINITIONS › Section 204.300 - Clean Coal Technology

Current through Register Vol. 48, No. 28, July 12, 2024
"Clean coal technology" means any technology, including
				  technologies applied at the precombustion, combustion, or postcombustion stage,
				  at a new or existing facility that will achieve significant reductions in air
				  emissions of SO2 or NOX
				  associated with the utilization of coal in the generation of electricity, or
				  process steam that was not in widespread use as of November 15,
				  1990.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart B - DEFINITIONS › Section 204.310 - Clean Coal Technology Demonstration Project

Current through Register Vol. 48, No. 28, July 12, 2024
"Clean coal technology demonstration project" means a project
				  using funds appropriated under the heading "Department of Energy - Clean Coal
				  Technology", up to a total amount of $2,500,000,000 for commercial
				  demonstration of clean coal technology, or similar projects funded through
				  appropriations to USEPA. The federal contribution for a qualifying project
				  shall be at least 20 percent of the total cost of the demonstration
				  project.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart B - DEFINITIONS › Section 204.320 - Commence

Current through Register Vol. 48, No. 28, July 12, 2024
"Commence", as applied to construction of a major stationary
				  source or major modification, means that the owner or operator has all
				  necessary preconstruction approvals or permits and either has:
a) Begun, or caused to begin, a continuous
				program of actual on-site construction of the source, to be completed within a
				reasonable time; or
b) Entered into
				binding agreements or contractual obligations, that cannot be cancelled or
				modified without substantial loss to the owner or operator, to undertake a
				program of actual construction of the source, to be completed within a
				reasonable time.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart B - DEFINITIONS › Section 204.340 - Construction

Current through Register Vol. 48, No. 28, July 12, 2024
"Construction" means any physical change or change in the
				  method of operation (including fabrication, erection, installation, demolition,
				  or modification of an emissions unit) that would result in a change in
				  emissions.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart B - DEFINITIONS › Section 204.350 - Dispersion Technique

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				"Dispersion technique" means any technique that attempts to affect the
				concentration of a pollutant in the ambient air by:
1) Using the portion of a stack that exceeds
				good engineering practice stack height;
2) Varying the rate of emission of a
				pollutant according to atmospheric conditions or ambient concentrations of that
				pollutant; or
3) Increasing final
				exhaust gas plume rise by:
A) Manipulating
				source process parameters, exhaust gas parameters, or stack
				parameters;
B) Combining exhaust
				gases from several existing stacks into one stack; or
C) Other selective handling of exhaust gas
				streams so as to increase the exhaust gas plume rise.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart B - DEFINITIONS › Section 204.360 - Electric Utility Steam Generating Unit

Current through Register Vol. 48, No. 28, July 12, 2024
"Electric utility steam generating unit" means any steam
				  electric generating unit that is constructed for the purpose of supplying more
				  than one-third of its potential electric output capacity and more than 25 MW
				  electrical output to any utility power distribution system for sale. Any steam
				  supplied to a steam distribution system for the purpose of providing steam to a
				  steam-electric generator that would produce electrical energy for sale is also
				  considered in determining the electrical energy output capacity of the affected
				  facility.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart B - DEFINITIONS › Section 204.370 - Emissions Unit

Current through Register Vol. 48, No. 28, July 12, 2024
"Emissions unit" means any part of a stationary source that
				  emits or would have the potential to emit any regulated NSR pollutant and
				  includes an electric utility steam generating unit as defined in Section
				  204.360. For purposes of this Part, there are two types of emissions
				  units.
a) A new emissions unit is any
				emissions unit that is (or will be) newly constructed and that has existed for
				less than 2 years from the date the emissions unit first operated.
b) An existing emissions unit is any
				emissions unit that does not meet the requirements of subsection (a). A
				replacement unit, as defined in Section 204.620, is an existing emissions
				unit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart B - DEFINITIONS › Section 204.380 - Excessive Concentration

Current through Register Vol. 48, No. 28, July 12, 2024
"Excessive concentration" is defined for the purpose of
				  determining good engineering practice stack height under Section 204.420(c) and
				  means:
a) For sources seeking credit
				for stack height exceeding that established under Section 204.420(b), a maximum
				ground-level concentration due to emissions from a stack due in whole or part
				to downwash, wakes, and eddy effects produced by nearby structures or nearby
				terrain features that individually is at least 40 percent in excess of the
				maximum concentration experienced in the absence of such downwash, wakes, or
				eddy effects and that contributes to a total concentration, due to emissions
				from all sources, that is greater than an ambient air quality standard. For
				sources subject to this Part, an excessive concentration alternatively means a
				maximum ground-level concentration due to emissions from a stack due in whole
				or part to downwash, wakes, or eddy effects produced by nearby structures or
				nearby terrain features that individually is at least 40 percent in excess of
				the maximum concentration experienced in the absence of the downwash, wakes, or
				eddy effects and greater than an ambient air increment under Section 204.900.
				The allowable emission rate to be used in making demonstrations of excessive
				concentration shall be prescribed by the NSPS that is applicable to the source
				category unless the owner or operator demonstrates that this emission rate is
				infeasible. When those demonstrations are approved by the Agency, an
				alternative emission rate shall be established in consultation with the source
				owner or operator.
b) For sources
				seeking credit for increases in existing stack heights up to the heights
				established under Section 204.420(b), either:
1) A maximum ground-level concentration due
				in whole or part to downwash, wakes or eddy effects as provided in subsection
				(a), except that the emission rate specified by the SIP (or, in the absence of
				such a limit, the actual emission rate) shall be used; or
2) The actual presence of a local nuisance
				caused by the existing stack, as determined by the Agency; and
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart B - DEFINITIONS › Section 204.390 - Federal Land Manager

Current through Register Vol. 48, No. 28, July 12, 2024
"Federal Land Manager" means, with respect to any lands in
				  the United States, the Secretary of the department with authority over the
				  lands.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart B - DEFINITIONS › Section 204.400 - Federally Enforceable

Current through Register Vol. 48, No. 28, July 12, 2024
"Federally enforceable" means all limitations and conditions
				  that are enforceable by USEPA, including those requirements developed under 40
				  CFR 60, 61, 62 and 63 (incorporated by reference in Section
				  204.100), requirements
				  within the SIP, any permit requirements established under
				  40 CFR
				  52.21 (incorporated by reference in Section
				  204.100) or this Part or under regulations approved under 40 CFR 51, subpart I
				  (incorporated by reference in Section 204.100), including operating permits
				  issued under a USEPA-approved program that is incorporated into the SIP and
				  expressly requires adherence to any permit issued under such
				  program.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart B - DEFINITIONS › Section 204.410 - Fugitive Emissions

Current through Register Vol. 48, No. 28, July 12, 2024
"Fugitive emissions" means those emissions that could not
				  reasonably pass through a stack, chimney, vent, or other functionally
				  equivalent opening.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart B - DEFINITIONS › Section 204.420 - Good Engineering Practice

Current through Register Vol. 48, No. 28, July 12, 2024
a) "Good
				engineering practice", with respect to stack height, means the greater of:
1) 65 meters, measured from the ground-level
				elevation at the base of the stack;
2) The following:
A) For a stack in existence on January 12,
				1979, and for which the owner or operator had obtained all necessary
				preconstruction approvals or permits required under 40 CFR 52 (incorporated by
				reference in Section
				204.100):
Hg = 2.5 H,
provided the owner or operator produces evidence that this
				  equation was actually relied on in establishing an emission limitation;
B) For all other stacks:
Hg = H +
				  1.5 L
where:
Hg = good engineering practice stack
				  height, measured from the ground-level elevation at the base of the
				  stack;
H = height of nearby structure or structures measured from
				  the ground-level elevation at the base of the stack;
L = lesser dimension, height, or projected width of nearby
				  structure or structures provided that USEPA or the Agency may require the use
				  of a field study or fluid model to verify good engineering practice stack
				  height for the source; or
3) The height demonstrated by a fluid model
				or a field study approved by USEPA or the Agency that ensures the emissions
				from a stack do not result in excessive concentrations of any air pollutant as
				a result of atmospheric downwash, wakes, or eddy effects created by the source
				itself, nearby structures, or nearby terrain features.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart B - DEFINITIONS › Section 204.430 - Greenhouse Gases (GHGs)

Current through Register Vol. 48, No. 28, July 12, 2024
"Greenhouse gases" or "GHGs" means the air pollutant defined
				  in
				  40
				  CFR 86.1818-12(a) as the
				  aggregate group of six greenhouse gases: CO2, nitrous
				  oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
				  To represent an amount of GHGs emitted, the term "tpy
				  CO2 equivalent emissions (CO2e)"
				  shall be used. CO2e is computed as follows:
a) Multiply the mass amount of emissions
				(tpy), for each of the six greenhouse gases in the pollutant GHGs, by the gas'
				associated global warming potential published at 40 CFR 98, subpart A, table
				A-1 (Global Warming Potentials) (incorporated by reference in Section
				204.100).
b) Sum the resultant value for each gas to
				compute tpy CO2e.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart B - DEFINITIONS › Section 204.460 - Indian Governing Body

Current through Register Vol. 48, No. 28, July 12, 2024
"Indian Governing Body" means the governing body of any
				  tribe, band, or group of Indians subject to the jurisdiction of the U.S. and
				  recognized by the U.S. as possessing power of
				  self-government.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart B - DEFINITIONS › Section 204.470 - Innovative Control Technology

Current through Register Vol. 48, No. 28, July 12, 2024
"Innovative control technology" means any system of air
				  pollution control that has not been adequately demonstrated in practice, but
				  would have a substantial likelihood of achieving greater continuous emissions
				  reduction than any control system in current practice or of achieving at least
				  comparable reductions at lower cost in terms of energy, economics, or non-air
				  quality environmental impacts.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart B - DEFINITIONS › Section 204.490 - Major Modification

Current through Register Vol. 48, No. 28, July 12, 2024
a) "Major
				modification" means any physical change in or change in the method of operation
				of a major stationary source that would result in:
1) A significant emissions increase (as
				defined in Section 204.670 ) of a regulated NSR pollutant (as defined in
				Section 204.610 ) other than GHGs (as defined in Section 204.430 );
				and
2) A significant net emissions
				increase of that pollutant from the major stationary source.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart B - DEFINITIONS › Section 204.500 - Major Source Baseline Date

Current through Register Vol. 48, No. 28, July 12, 2024
"Major source baseline date" means:
a) In the case of PM10
				and SO2, January 6, 1975;
b) In the case of NO2,
				February 8, 1988; and
c) In the
				case of PM2.5, October 20, 2010.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart B - DEFINITIONS › Section 204.510 - Major Stationary Source

Current through Register Vol. 48, No. 28, July 12, 2024
a) "Major
				stationary source" means:
1) Any of the
				following stationary sources of air pollutants that emits, or has the potential
				to emit, 100 tpy or more of any regulated NSR pollutant:
A) Fossil fuel-fired steam electric plants of
				more than 250 million Btu per hour heat input;
B) Coal cleaning plants (with thermal
				dryers);
C) Kraft pulp
				mills;
D) Portland cement
				plants;
E) Primary zinc
				smelters;
F) Iron and steel mill
				plants;
G) Primary aluminum ore
				reduction plants (with thermal dryers);
H) Primary copper smelters;
I) Municipal incinerators capable of charging
				more than 50 tons of refuse per day;
J) Hydrofluoric, sulfuric, and nitric acid
				plants;
K) Petroleum
				refineries;
L) Lime
				plants;
M) Phosphate rock
				processing plants;
N) Coke oven
				batteries;
O) Sulfur recovery
				plants;
P) Carbon black plants
				(furnace process);
Q) Primary lead
				smelters;
R) Fuel conversion
				plants;
S) Sintering
				plants;
T) Secondary metal
				production plants;
U) Chemical
				process plants (which does not include ethanol production facilities that
				produce ethanol by natural fermentation included in NAICS Codes 325193 or
				312140);
V) Fossil-fuel boilers (or
				combinations thereof) totaling more than 250 million Btu per hour heat
				input;
W) Petroleum storage and
				transfer units with a total storage capacity exceeding 300,000
				barrels;
X) Taconite ore processing
				plants;
Y) Glass fiber processing
				plants; and
Z) Charcoal production
				plants;
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart B - DEFINITIONS › Section 204.520 - Minor Source Baseline Date

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				"Minor source baseline date" means the earliest date after the trigger date on
				which a major stationary source or a major modification subject to
				40 CFR
				52.21 or this Part submits a complete
				application under the relevant regulations. The trigger date is:
1) In the case of PM10
				and SO2, August 7, 1977;
2) In the case of NO2,
				February 8, 1988; and
3) In the
				case of PM2.5, October 20, 2011.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart B - DEFINITIONS › Section 204.530 - Nearby

Current through Register Vol. 48, No. 28, July 12, 2024
"Nearby", with respect to a specific structure or terrain
				  feature:
a) For purposes of applying
				the formula provided in Section 204.420(a)(2), means that distance up to five
				times the lesser of the height or the width dimension of a structure, but not
				greater than 0.8 km (1/2 mile); and
b) For conducting demonstrations under
				Section 204.420(a)(3), means not greater than 0.8 km (1/2 mile), except that a
				portion of a terrain feature may be considered to be nearby if it falls within
				a distance of up to 10 times the maximum height of the feature, not to exceed 2
				miles if such feature achieves a height, 0.8 km from the stack, that is at
				least 40 percent of the good engineering practice stack height determined by
				the formula provided in Section 204.420(a)(2)(B) or 26 meters, whichever is
				greater, as measured from the ground-level elevation at the base of the stack.
				The height of the structure or terrain feature is measured from the
				ground-level elevation at the base of the stack.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart B - DEFINITIONS › Section 204.540 - Necessary Preconstruction Approvals or Permits

Current through Register Vol. 48, No. 28, July 12, 2024
"Necessary preconstruction approvals or permits" mean those
				  permits or approvals required under federal air quality control laws and
				  regulations and those air quality control laws and regulations that are part of
				  the applicable SIP.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart B - DEFINITIONS › Section 204.550 - Net Emissions Increase

Current through Register Vol. 48, No. 28, July 12, 2024
a) "Net
				emissions increase" means, with respect to any regulated NSR pollutant emitted
				by a major stationary source, the amount by which the sum of the following
				exceeds zero:
1) The increase in emissions
				from a particular physical change or change in the method of operation at a
				stationary source as calculated under Section 204.800(d); and
2) Any other increases and decreases in
				actual emissions at the major stationary source that are contemporaneous with
				the particular change and are otherwise creditable. Baseline actual emissions
				for calculating increases and decreases under this subsection (a)(2) shall be
				determined as provided in Section 204.240, except that Section 204.240(a)(3)
				and (b)(4) shall not apply.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart B - DEFINITIONS › Section 204.560 - Potential to Emit

Current through Register Vol. 48, No. 28, July 12, 2024
"Potential to emit" means the maximum capacity of a
				  stationary source to emit a pollutant under its physical and operational
				  design. Any physical or operational limitation on the capacity of the source to
				  emit a pollutant, including air pollution control equipment and restrictions on
				  hours of operation or on the type or amount of material combusted, stored, or
				  processed, shall be treated as part of its design if the limitation or the
				  effect it would have on emissions is federally enforceable or legally and
				  practicably enforceable by a state or local air pollution control agency.
				  Secondary emissions do not count in determining the potential to emit of a
				  stationary source.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart B - DEFINITIONS › Section 204.570 - Prevention of Significant Deterioration (PSD) Permit

Current through Register Vol. 48, No. 28, July 12, 2024
"Prevention of Significant Deterioration Permit" or "PSD
				  Permit"
means a permit or the portion of a permit for a new major
				  source or major modification that is issued by the Agency under the
				  construction permit program
required by Section 9.1(c) of the Act
that has been approved by USEPA and incorporated into the Illinois SIP
				  to implement the requirements of section 165 of the CAA and
				  40 CFR
				  51.166.
[415
				  ILCS 5/3.363]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart B - DEFINITIONS › Section 204.580 - Process Unit

Current through Register Vol. 48, No. 28, July 12, 2024
"Process unit" means any collection of structures and/or
				  equipment that processes, assembles, applies, blends, or otherwise uses
				  material inputs to produce or store an intermediate or completed product. A
				  process unit may contain more than one emissions unit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart B - DEFINITIONS › Section 204.600 - Projected Actual Emissions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				"Projected actual emissions" means the maximum annual rate, in tons per year,
				at which an existing emissions unit is projected to emit a regulated NSR
				pollutant in any one of the 5 years (12-month period) following the date the
				unit resumes regular operation after the project, or in any one of the 10 years
				following that date, if the project involves increasing the emissions unit's
				design capacity or its potential to emit that regulated NSR pollutant and if
				full utilization of the unit would result in a significant emissions increase
				or a significant net emissions increase at the major stationary
				source.
b) In determining the
				projected actual emissions under subsection (a) (before beginning actual
				construction), the owner or operator of the major stationary source:
1) Shall consider all relevant information,
				including, but not limited to, historical operational data, the company's own
				representations, the company's expected business activity and the company's
				highest projections of business activity, the company's filings with State or
				federal regulatory authorities, and compliance plans under Illinois'
				SIP;
2) Shall include fugitive
				emissions to the extent quantifiable, and emissions associated with startups,
				shutdowns, and malfunctions; and
3)
				Shall exclude, in calculating any increase in emissions that results from the
				particular project, that portion of the unit's emissions following the project
				that an existing unit could have accommodated during the consecutive 24-month
				period used to establish the baseline actual emissions under Section 204.240
				and that are also unrelated to the particular project, including any increased
				utilization due to product demand growth; or
4) In lieu of using the method set out in
				subsection (b)(1), may elect to use the emissions unit's potential to emit, in
				tons per year, as defined under Section 204.560.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart B - DEFINITIONS › Section 204.610 - Regulated NSR Pollutant

Current through Register Vol. 48, No. 28, July 12, 2024
"Regulated NSR pollutant" means the following:
a) Any pollutant for which a NAAQS has been
				promulgated. This includes, but is not limited to, the following:
1) PM2.5 emissions and
				PM10 emissions shall include gaseous emissions from a
				source or activity, that condense to form PM at ambient temperatures. On or
				after January 1, 2011, such condensable PM shall be accounted for in
				applicability determinations and in establishing emissions limitations for
				PM2.5 and PM10 in PSD permits.
				Compliance with emissions limitations for PM2.5 and
				PM10 issued prior to this date shall not be based on
				condensable PM unless required by the terms and conditions of the permit or the
				applicable implementation plan. Applicability determinations made prior to this
				date without accounting for condensable PM shall not be considered in violation
				of this Part unless the applicable implementation plan required condensable PM
				to be included.
2) Any pollutant
				identified under this subsection as a constituent or precursor for a pollutant
				for which a NAAQS has been promulgated. Precursors for purposes of this Part
				are the following:
A) VOM and
				NOX are precursors to ozone in all attainment and
				unclassifiable areas.
B)
				SO2 is a precursor to PM2.5 in
				all attainment and unclassifiable areas.
C) NOX are presumed to
				be precursors to PM2.5 in all attainment and
				unclassifiable areas, unless the State demonstrates to the satisfaction of
				USEPA or USEPA demonstrates that emissions of NOX from
				sources in a specific area are not a significant contributor to that area's
				ambient PM2.5 concentrations.
D) VOM are presumed not to be precursors to
				PM2.5 in any attainment or unclassifiable area, unless
				the State demonstrates to the satisfaction of USEPA or USEPA demonstrates that
				emissions of VOM from sources in a specific area are a significant contributor
				to that area's ambient PM2.5 concentrations;
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart B - DEFINITIONS › Section 204.630 - Repowering

Current through Register Vol. 48, No. 28, July 12, 2024
a) "Repowering"
				means replacement of an existing coal-fired boiler with one of the following
				clean coal technologies: atmospheric or pressurized fluidized bed combustion;
				integrated gasification combined cycle; magnetohydrodynamics; direct and
				indirect coal-fired turbines; integrated gasification fuel cells; or, as
				determined by USEPA in consultation with the U.S. Secretary of Energy, a
				derivative of one or more of these technologies and any other technology
				capable of controlling multiple combustion emissions simultaneously with
				improved boiler or generation efficiency and with significantly greater waste
				reduction relative to the performance of technology in widespread commercial
				use as of November 15, 1990.
b)
				Repowering shall also include any oil and/or gas-fired unit that has been
				awarded clean coal technology demonstration funding as of January 1, 1991, by
				the U.S. Department of Energy.
c)
				The Agency shall give expedited consideration to permit applications for any
				source that satisfies the requirements of this Section and is granted an
				extension under section 409 of the CAA (
				42 USC 7651h
				).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart B - DEFINITIONS › Section 204.640 - Reviewing Authority

Current through Register Vol. 48, No. 28, July 12, 2024
"Reviewing authority" means the Agency or, in the case of a
				  permit program under
				  40 CFR
				  52.21, USEPA or its delegate (the
				  Agency).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart B - DEFINITIONS › Section 204.650 - Secondary Emissions

Current through Register Vol. 48, No. 28, July 12, 2024
"Secondary emissions" means emissions that would occur as a
				  result of the construction or operation of a major stationary source or major
				  modification, but do not come from the major stationary source or major
				  modification itself. Secondary emissions include emissions from any offsite
				  support facility that would not be constructed or increase its emissions,
				  except as a result of the construction or operation of the major stationary
				  source or major modification. Secondary emissions do not include any emissions
				  that come directly from a mobile source, such as emissions from the tailpipe of
				  a motor vehicle, from a train, or from a vessel. For the purposes of this Part,
				  secondary emissions must be specific, well defined, quantifiable, and impact
				  the same general area as the major stationary source or major modification
				  which causes the secondary emissions.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart B - DEFINITIONS › Section 204.660 - Significant

Current through Register Vol. 48, No. 28, July 12, 2024
a) "Significant"
				means, in reference to a net emissions increase or the potential of a source to
				emit any of the following pollutants, a rate of emissions that would equal or
				exceed any of the following rates:
Pollutant and Emissions Rate
Carbon monoxide
100 tpy
NOX
40 tpy
SO2
40 tpy
PM
25 tpy of particulate matter emissions
PM10
15 tpy
PM2.5
10 tpy of direct PM2.5
							 emissions; 40 tpy of SO2 emissions; 40 tpy of
							 NOX emissions unless demonstrated not to be a
							 PM2.5 precursor under Section 204.610(a)(2)(C)
Ozone
40 tpy of VOM or NOX
Lead
0.6 tpy
Fluorides
3 tpy
Sulfuric acid mist
7 tpy
Hydrogen sulfide (H2S)
10 tpy
Total reduced sulfur (including
							 H2S)
10 tpy
Reduced sulfur compounds (including
							 H2S)
10 tpy
GHGs
75,000 tpy CO2e
Municipal waste combustor organics (measured as total
							 tetra-through octa-chlorinated dibenzo-
p
-dioxins and
							 dibenzofurans)
3.2 x10-6 megagrams per
							 year (3.5 x10-6 tpy)
Municipal waste combustor metals (measured as
							 PM)
14 megagrams per year (15 tpy)
Municipal waste combustor acid gases (measured as
							 SO2 and hydrogen chloride)
36 megagrams per year (40 tpy)
Municipal solid waste landfills emissions (measured
							 as nonmethane organic compounds)
45 megagrams per year (50 tpy)
Ozone depleting substances
100 tpy
b)
				"Significant" means, in reference to a net emissions increase or the potential
				of a source to emit a regulated NSR pollutant that subsection (a) does not
				list, any emissions rate.
c)
				Notwithstanding subsection (a), "significant" means any emissions rate or any
				net emissions increase associated with a major stationary source or major
				modification that would construct within 10 kilometers of a Class I area, and
				have an impact on that area equal to or greater than 1
				µg/m3 (24-hr average).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart B - DEFINITIONS › Section 204.670 - Significant Emissions Increase

Current through Register Vol. 48, No. 28, July 12, 2024
"Significant emissions increase" means, for a regulated NSR
				  pollutant, an increase in emissions that is significant (as defined in Section
				  204.660 ) for that pollutant.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart B - DEFINITIONS › Section 204.680 - Stack in Existence

Current through Register Vol. 48, No. 28, July 12, 2024
"Stack in existence" means that the owner or operator had
				  begun, or caused to begin, a continuous program of physical on-site
				  construction of the stack, or entered into binding agreements or contractual
				  obligations that could not be cancelled or modified without substantial loss to
				  the owner or operator, to undertake a program of construction of the stack to
				  be completed within a reasonable time.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart B - DEFINITIONS › Section 204.690 - Stationary Source

Current through Register Vol. 48, No. 28, July 12, 2024
"Stationary source" means any building, structure, facility,
				  or installation that emits or may emit a regulated NSR pollutant. Emissions
				  resulting directly from an internal combustion engine for transportation
				  purposes or from a nonroad engine or nonroad vehicle as defined in section 216
				  of the CAA (42 USC 7550) are not
				  a part of a stationary source.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart B - DEFINITIONS › Section 204.700 - Subject to Regulation

Current through Register Vol. 48, No. 28, July 12, 2024
"Subject to regulation" means, for any air pollutant, that
				  the pollutant is subject to either a provision in the CAA, or a
				  nationally-applicable regulation codified by USEPA in 40 CFR 50 through 99,
				  that requires actual control of the quantity of emissions of that pollutant,
				  and that such a control requirement has taken effect and is operative to
				  control, limit or restrict the quantity of emissions of that pollutant released
				  from the regulated activity. Pollutants subject to regulation include, but are
				  not limited to, GHGs as defined in Section 204.430.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart B - DEFINITIONS › Section 204.710 - Temporary Clean Coal Technology Demonstration Project

Current through Register Vol. 48, No. 28, July 12, 2024
"Temporary clean coal technology demonstration project" means
				  a clean coal technology demonstration project that is operated for a period of
				  5 years or less and that complies with Illinois' SIP and other requirements
				  necessary to attain and maintain the NAAQS during the project and after it is
				  terminated.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart C - MAJOR STATIONARY SOURCES IN ATTAINMENT AND UNCLASSIFIABLE AREAS › Section 204.810 - Source Information

Current through Register Vol. 48, No. 28, July 12, 2024
The owner or operator of a proposed major stationary source
				  or major modification shall submit all information necessary to perform any
				  analysis or make any determination required under this Part.
a) With respect to a source or modification
				to which Sections 204.1100, 204.1110, 204.1130, and 204.1140 apply, such
				information shall include:
1) A description of
				the nature, location, design capacity, and typical operating schedule of the
				source or modification, including specifications and drawings showing its
				design and plant layout;
2) A
				detailed schedule for construction of the source or modification; and
3) A detailed description as to what system
				of continuous emission reduction is planned for the source or modification,
				emission estimates, and any other information necessary to determine that BACT,
				as applicable, would be applied.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart C - MAJOR STATIONARY SOURCES IN ATTAINMENT AND UNCLASSIFIABLE AREAS › Section 204.820 - Source Obligation

Current through Register Vol. 48, No. 28, July 12, 2024
Any owner or operator who constructs or operates a source or
				  modification not in accordance with the application submitted under this Part
				  or with the terms of any approval to construct, or any owner or operator of a
				  source or modification subject to this Part who begins actual construction
				  after September 4, 2020 without applying for and receiving approval under this
				  Part, shall be subject to appropriate enforcement action.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart C - MAJOR STATIONARY SOURCES IN ATTAINMENT AND UNCLASSIFIABLE AREAS › Section 204.830 - Permit Expiration

Current through Register Vol. 48, No. 28, July 12, 2024
Approval to construct shall become invalid if construction is
				  not commenced within 18 months after receipt of approval, if construction is
				  discontinued for a period of 18 months or more, or if construction is not
				  completed within a reasonable time. The Agency may extend the 18-month period
				  upon a satisfactory showing that an extension is justified. This provision does
				  not apply to the time period between construction of the approved phases of a
				  phased construction project; each phase must commence construction within 18
				  months after the projected and approved commencement date.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart C - MAJOR STATIONARY SOURCES IN ATTAINMENT AND UNCLASSIFIABLE AREAS › Section 204.840 - Effect of Permits

Current through Register Vol. 48, No. 28, July 12, 2024
Approval to construct shall not relieve any owner or operator
				  of the responsibility to comply fully with applicable provisions of the SIP and
				  any other requirements under local, State, or federal law.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart C - MAJOR STATIONARY SOURCES IN ATTAINMENT AND UNCLASSIFIABLE AREAS › Section 204.850 - Relaxation of a Source-Specific Limitation

Current through Register Vol. 48, No. 28, July 12, 2024
At such time as a particular source or modification becomes a
				  major stationary source or major modification solely by virtue of a relaxation
				  in any enforceable limitation, established after August 7, 1980, on the
				  capacity of the source or modification otherwise to emit a pollutant, such as a
				  restriction on hours of operation, then the requirements of Sections 204.810,
				  204.820, 204.830, 204.840, 204.850, 204.1100, 204.1110, 204.1120, 204.1130,
				  204.1140, 204.1200, and 204.1400 shall apply to the source or modification as
				  though construction had not yet commenced on the source or
				  modification.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart D - INCREMENT › Section 204.900 - Ambient Air Increments

Current through Register Vol. 48, No. 28, July 12, 2024
a) In areas
				designated as Class I, II or III, increases in pollutant concentration over the
				baseline concentration shall be limited to the following:
Pollutant
Maximum allowable increase (micrograms per cubic
							 meter)
Class I Area
PM2.5:
Annual arithmetic mean
1
24-hr maximum
2
PM10:
Annual arithmetic mean
4
24-hr maximum
8
SO2:
Annual arithmetic mean
2
24-hr maximum
5
3-hr maximum
25
NO2:
Annual arithmetic mean
2.5
Class II Area
PM2.5:
Annual arithmetic mean
4
24-hr maximum
9
PM10:
Annual arithmetic mean
17
24-hr maximum
30
SO2:
Annual arithmetic mean
20
24-hr maximum
91
3-hr maximum
512
NO2:
Annual arithmetic mean
25
Class III Area
PM2.5:
Annual arithmetic mean
8
24-hr maximum
18
PM10:
Annual arithmetic mean
34
24-hr maximum
60
SO2:
Annual arithmetic mean
40
24-hr maximum
182
3-hr maximum
700
NO2:
Annual arithmetic mean
50
b)
				For any period other than an annual period, the applicable maximum allowable
				increase may be exceeded during one such period per year at any one
				location.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart D - INCREMENT › Section 204.910 - Ambient Air Ceilings

Current through Register Vol. 48, No. 28, July 12, 2024
No concentration of a pollutant shall exceed:
a) The concentration permitted under the
				national secondary ambient air quality standard; or
b) The concentration permitted under the
				national primary ambient air quality standard, whichever concentration is
				lowest for the pollutant for a period of exposure.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart D - INCREMENT › Section 204.920 - Restrictions on Area Classifications

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				All of the following areas that were in existence on August 7, 1977 shall be
				Class I areas and may not be redesignated:
1)
				International parks;
2) National
				wilderness areas that exceed 5,000 acres in size;
3) National memorial parks that exceed 5,000
				acres in size; and
4) National
				parks that exceed 6,000 acres in size.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart D - INCREMENT › Section 204.930 - Redesignation

Current through Register Vol. 48, No. 28, July 12, 2024
a) As of September
				4, 2020, all areas of the State (except as otherwise provided by Section
				204.920 ) are designated Class II as of December 5, 1974. Redesignation (except
				as otherwise precluded by Section 204.920) may be proposed by the State or
				Indian Governing Bodies under this Section, subject to approval by USEPA as a
				revision to the applicable SIP.
b)
				The State may submit to USEPA a proposal to redesignate areas of the State
				Class I or Class II provided that:
1) At
				least one public hearing has been held in accordance with 35 Ill. Adm. Code
				252;
2) Other states, Indian
				Governing Bodies, and Federal Land Managers whose lands may be affected by the
				proposed redesignation were notified at least 30 days prior to the public
				hearing;
3) A discussion of the
				reasons for the proposed redesignation, including a satisfactory description
				and analysis of the health, environmental, economic, social, and energy effects
				of the proposed redesignation, was prepared and made available for public
				inspection at least 30 days prior to the hearing and the notice announcing the
				hearing contained appropriate notification of the availability of such
				discussion;
4) Prior to the
				issuance of notice respecting the redesignation of an area that includes any
				federal lands, the State has provided written notice to the appropriate Federal
				Land Manager and afforded adequate opportunity (not in excess of 60 days) to
				confer with the State respecting the redesignation and to submit written
				comments and recommendations. In redesignating any area with respect to which
				any Federal Land Manager had submitted written comments and recommendations,
				the State shall have published a list of any inconsistency between such
				redesignation and such comments and recommendations (together with the reasons
				for making such redesignation against the recommendation of the Federal Land
				Manager); and
5) The State has
				proposed the redesignation after consultation with the elected leadership of
				local and other substate general purpose governments in the area covered by the
				proposed redesignation.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart E - STACK HEIGHTS › Section 204.1000 - Stack Heights

Current through Register Vol. 48, No. 28, July 12, 2024
a) The degree of
				emission limitation required for control of any air pollutant under this Part
				shall not be affected in any manner by:
1) So
				much portion of the stack height of any source that exceeds good engineering
				practice; or
2) Any other
				dispersion technique.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart F - REQUIREMENTS FOR MAJOR STATIONARY SOURCES AND MAJOR MODIFICATIONS IN ATTAINMENT AND UNCLASSIFIABLE AREAS › Section 204.1100 - Control Technology Review

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				A major stationary source or major modification shall meet each applicable
				emissions limitation under the SIP and each applicable emissions standard and
				standard of performance under 40 CFR 60, 61, 62 and 63 (incorporated by
				reference in Section
				204.100).
b) A new major stationary source shall apply
				BACT for each regulated NSR pollutant that it would have the potential to emit
				in significant amounts (defined in Section 204.660 ).
c) A major modification shall apply BACT for
				each regulated NSR pollutant for which it would result in a significant net
				emissions increase at the source. This requirement applies to each proposed
				emissions unit at which a net emissions increase in the pollutant would occur
				as a result of a physical change or change in the method of operation in the
				unit.
d) For phased construction
				projects, the determination of BACT shall be reviewed and modified as
				appropriate at the latest reasonable time that occurs no later than 18 months
				prior to commencement of construction of each independent phase of the project.
				At such time, the owner or operator of the applicable stationary source may be
				required to demonstrate the adequacy of any previous determination of BACT for
				the source.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart F - REQUIREMENTS FOR MAJOR STATIONARY SOURCES AND MAJOR MODIFICATIONS IN ATTAINMENT AND UNCLASSIFIABLE AREAS › Section 204.1110 - Source Impact Analysis

Current through Register Vol. 48, No. 28, July 12, 2024
The owner or operator of the proposed source or modification
				  shall demonstrate that allowable emission increases from the proposed source or
				  modification, in conjunction with all other applicable emissions increases or
				  reductions (including secondary emissions), would not cause or contribute to
				  air pollution in violation of:
a) Any
				NAAQS in any air quality control region; or
b) Any applicable maximum allowable increase
				as set forth in Section 204.900 and/or Section 204.1200, as applicable, over
				the baseline concentration in any area.