reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart M - PERMIT BY RULE (PBR) - GENERAL PROVISIONS › Section 201.540 - Enforcement Authority

Current through Register Vol. 48, No. 28, July 12, 2024
Nothing in this Subpart limits the State's authority to seek
				  penalties and injunctive relief for any violation of any applicable State law
				  or regulation. Nothing in this Subpart limits the right of the federal
				  government or any person to directly enforce against owners or operators due to
				  actions or omissions that constitute violations of permits required by the CAA
				  or applicable laws and regulations.
a)
				Any owner or operator of a source that commences construction or modification
				of an emission unit and submits a Notification pursuant to Section 201.510 that
				is incomplete, or fails to submit any Notification, is deemed to have
				constructed without the benefit of a permit under Section 9(b) of the Act and
				35 Ill. Adm. Code
				201.142,
				201.152,
				and
				201.160(a)
				unless the Agency has issued a construction permit other than a PBR for the
				emission unit pursuant to Section 9(b) of the Act. A violation exists even if
				it is determined that the Notification was incomplete after construction or
				modification has already occurred.
b) Any owner or operator of a source that
				submits a Notification and commences operation of an emission unit covered by a
				PBR, but fails to submit a complete application for a minor modification to the
				CAAPP permit in accordance with Section 39.5(14) of the Act, is deemed to have
				operated without the benefit of a permit under Section 39.5(6)(b) of the Act. A
				violation exists even if it is determined that the application for a minor
				permit modification was incomplete after operation has already
				occurred.
c) Any owner or operator
				of an emission unit covered by a PBR that violates any condition of this
				Subpart or the applicable PBR Subpart is deemed to have violated Sections
				39.12(e) and 9(b) of the Act, as well as any other applicable State or federal
				regulation or portion of the Act. If such a violation occurs after the emission
				unit has commenced operation, the owner or operator is also deemed to have
				violated Section 39.5(6)(a) of the Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart N - PERMIT BY RULE (PBR) - BOILERS LESS THAN OR EQUAL TO 100 MMBTU/HR › Section 201.600 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
An owner or operator of a source seeking a PBR for a new or
				  modified boiler is eligible to obtain a PBR under this Subpart N if:
a) The boiler has a maximum design heat input
				capacity of:
1) Less than or equal to 50
				MMBtu/hr; or
2) Greater than 50
				MMBtu/hr and less than or equal to 100 MMBtu/hr and is equipped with
				low-NOx burners designed by the manufacturer to meet a
				NOx emission limit of not greater than 0.05
				lb/MMBtu;
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart N - PERMIT BY RULE (PBR) - BOILERS LESS THAN OR EQUAL TO 100 MMBTU/HR › Section 201.605 - Boiler Notice of Intent to Be Covered by a PBR (Notification)

Current through Register Vol. 48, No. 28, July 12, 2024
The Notification for a PBR pursuant to this Subpart must also
				  include the following information, in addition to the information specified by
				  Section 201.510:
a) The primary fuel
				that will be burned by the boiler, along with the maximum rated heat input
				capacity of the boiler (MMBtu/hr) and a copy of the manufacturer's
				specifications for the boiler.
b)
				Whether the boiler would be a temporary boiler as defined by
				40
				CFR 60.41c and
				63.7575
				or
				63.11237
				as incorporated by reference in Section
				201.104,
				and, if it would be, a demonstration that the criteria set forth in the
				definition of a temporary boiler are met, and the expected period or periods in
				which the boiler would be at a location or locations at the source.
c) The potential emissions of individual
				pollutants from the boiler in lb/hr, tons/month, and tons/year, including
				emissions of PM, PM10 (including both filterable and
				condensable particulate), PM2.5 (including both
				filterable and condensable particulate), NOx, CO, VOM,
				and SO2, based on continuous operation of the boiler at
				its rated heat input capacity combusting its primary fuel, with supporting
				documentation and calculations.
d)
				Whether the boiler will have the capability to burn diesel fuel, butane,
				propane, or refinery fuel gas and, if so, the potential
				SO2 emissions of the boiler from the use of such
				fuel.
e) If the boiler or the
				source at which the boiler would be located does not meet the applicability
				criteria in 35 Ill. Adm. Code
				217.150(a)(1)(A) or
				(a)(1)(B), an identification of the criteria
				that are not met, with explanation.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart N - PERMIT BY RULE (PBR) - BOILERS LESS THAN OR EQUAL TO 100 MMBTU/HR › Section 201.610 - Federal NSPS and NESHAP Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
The owner or operator must comply with the requirements of
				  all applicable federal regulations for the PBR boiler, including the following
				  limits, work practice standards, testing, monitoring, recordkeeping, and
				  reporting requirements:
a)40 CFR 60,
				subpart A, Standards of Performance for New Stationary Sources: General
				Provisions, as incorporated by reference in Section
				201.104.
b)40 CFR 60, subpart Dc, Standards of
				Performance for Small Industrial-Commercial-Institutional Steam Generating
				Units, as incorporated by reference in Section 201.104.
c)40 CFR 63, subpart A, National Emission
				Standards for Hazardous Air Pollutants for Source Categories: General
				Provisions, as incorporated by reference in Section 201.104.
d)40 CFR 63, subpart DDDDD, National Emission
				Standards for Hazardous Air Pollutants for Major Sources: Industrial,
				Commercial, and Institutional Boilers and Process Heaters, as incorporated by
				reference in Section 201.104.
e)40
				CFR 63, subpart JJJJJJ, National Emission Standards for Hazardous Air
				Pollutants for Industrial, Commercial, and Institutional Boilers Area Sources,
				as incorporated by reference in Section 201.104.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart N - PERMIT BY RULE (PBR) - BOILERS LESS THAN OR EQUAL TO 100 MMBTU/HR › Section 201.615 - Opacity Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
The owner or operator of the source must comply with the
				  applicable provisions of 35 Ill. Adm. Code 212. Subpart B.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart N - PERMIT BY RULE (PBR) - BOILERS LESS THAN OR EQUAL TO 100 MMBTU/HR › Section 201.620 - Requirements for Use of Diesel Fuel and Refinery Fuel Gas

Current through Register Vol. 48, No. 28, July 12, 2024
a) For a PBR boiler to burn diesel fuel as a
				backup fuel, the owner or operator must:
1)
				Comply with the applicable provisions of 35 Ill. Adm. Code 214. Subpart B or D
				when burning diesel fuel;
2) Comply
				with the particulate emission standard in 35 Ill. Adm. Code
				212.206
				when diesel fuel is burned;
3)
				Maintain records that include the following information:
A) Date, time, and duration of any period
				when diesel fuel was fired in the boiler, the amount of diesel fuel that was
				fired, and the reason diesel fuel was fired, e.g., gas curtailment, gas supply
				interruption, or periodic operational testing;
B) The total duration of periodic operational
				testing or other activity while firing diesel fuel (number of hours of
				operation per calendar year); and
C) The actual SO2
				emissions of the boiler from use of diesel fuel (tons/month and tons/year),
				with supporting calculations.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart N - PERMIT BY RULE (PBR) - BOILERS LESS THAN OR EQUAL TO 100 MMBTU/HR › Section 201.625 - Carbon Monoxide (CO) Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
Pursuant to 35 Ill. Adm. Code
				  216.121,
				  no owner or operator of a PBR boiler may cause or allow the emission of CO into
				  the atmosphere from any fuel combustion emission source with actual heat input
				  greater than 2.9 MW (10 MMBtu/hr) to exceed 200 ppm, corrected to 50 percent
				  excess air.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart N - PERMIT BY RULE (PBR) - BOILERS LESS THAN OR EQUAL TO 100 MMBTU/HR › Section 201.630 - Nitrogen Oxide (NOx) Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
The owner or operator of the PBR boiler must comply with the
				  following, as applicable:
a) If the
				PBR boiler is subject to the requirements of 35 Ill. Adm. Code 217.Subpart D,
				comply with all the applicable requirements of 35 Ill. Adm. Code 217.Subparts D
				and E;
b) If the PBR boiler is
				subject to the requirements of 40 CFR 63.subpart DDDDD, comply with all
				applicable requirements, including the combustion tuning work practice
				requirements of
				40
				CFR 63.7540(a)(10), as
				incorporated by reference in Section
				201.104;
				and
c) For a boiler with a maximum
				design heat input capacity greater than 50 MMBtu/hr, and not subject to either
				35 Ill. Adm. Code 217.Subpart D or 40 CFR 63, subpart DDDDD, conduct combustion
				tuning for the boiler. This tuning must be conducted in each calendar year in
				which the boiler is operated, except for the calendar year in which the boiler
				first starts up and the calendar year in which the boiler is permanently
				removed from service. The combustion tuning must be conducted as specified by
				40
				CFR 63.7540(a)(10)(i) through
				(vi), as incorporated by reference in Section
				201.104, and be conducted while burning the type of fuel that provided the
				majority of the heat input to the boiler over the 12 months prior to the
				tune-up.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart N - PERMIT BY RULE (PBR) - BOILERS LESS THAN OR EQUAL TO 100 MMBTU/HR › Section 201.635 - PBR Boiler Recordkeeping Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
The owner or operator of the PBR boiler must maintain records
				  containing the following information, in addition to the records required by
				  Section 201.530:
a) The maximum design
				heat input capacity of the boiler, in MMBtu/hr, with supporting
				documentation;
b) An inspection,
				maintenance, and repair log with dates and the nature of those activities for
				the boiler;
c) The quantity of each
				fuel used per month and per year;
d) The hours of operation, in hours/month and
				hours/year;
e) Emissions of PM,
				PM10, PM2.5,
				NOx, CO, and VOM, in tons/month and tons/year, with
				supporting calculations; and
f)
				SO2 emissions, in tons/month and tons/year, with
				supporting calculations if the boiler has the capability to burn refinery fuel
				gas, butane, or propane.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart N - PERMIT BY RULE (PBR) - BOILERS LESS THAN OR EQUAL TO 100 MMBTU/HR › Appendix A - Rule Into Section Table

Current through Register Vol. 48, No. 28, July 12, 2024
RULE
SECTION
101
201.102
102
201.141
103(a)(1)
201.142
103(a)(2)
201.152
103(a)(3)
201.153
103(a)(4)
201.154
103(a)(5)
201.155
103(a)(6)
201.156
103(b)(1)
201.143
103(b)(2)
201.144,
							 Appendix C
103(b)(3)
201.157
103(b)(4)
201.158
103(b)(5)
201.159
103(b)(6)(A)-(F)
201.160
103(b)(6)(G)
Appendix C
103(b)(7)
201.161
103(b)(8)
201.162
103(c)
201.163
103(d)
201.164
103(e)
201.165
103(f)
201.207
103(g)
201.209
103(h)
201.121
103(i)
201.146
103(j)
201.147
103(k)
201.210
104(a)(1)
201.148(a)
104(a)(2)
215.606,
							 215.182
104(a)(3)
201.148(b)
104(b)(1)
201.241,
							 215.213
104(b)(2)
201.242(a)
104(b)(3)
201.242(b)
104(c)
201.243
104(d)
201.244
104(e)
201.245
104(f)
201.246
104(g)
201.247,
							 Appendix C
104(h)
215.126,
							 215.212,
							 215.407,
							 215.466,
							 215.605
105(a)
201.149
105(b)
201.261
105(c)
201.262
105(d)
201.263
105(e)
201.264
105(f)
201.265
106(a)
201.281
106(b)
201.282
106(c)
201.283
107(a)
201.301
107(b)
201.302
108
201.122
109
201.150
110
201.151
111
201.123
112
201.124
113
201.125
114
201.126
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart N - PERMIT BY RULE (PBR) - BOILERS LESS THAN OR EQUAL TO 100 MMBTU/HR › Appendix B - Section Into Rule Table

Current through Register Vol. 48, No. 28, July 12, 2024
SECTION
RULE
201.101
---
201.102
101
201.103
---
201.104
---
201.121
103(h)
201.122
108
201.123
111
201.124
112
201.125
113
201.126
114
201.141
102
201.142
103(a)(1)
201.143
103(b)(1)
201.144
103(b)(2)
201.146
103(i)
201.147
103(j)
201.148(a)
104(a)(1)
201.148(b)
104(a)(3)
201.149
105(a)
201.150
109
201.151
110
201.152
103(a)(2)
201.153
103(a)(3)
201.154
103(a)(4)
201.155
103(a)(5)
201.156
103(a)(6)
201.157
103(b)(3)
201.158
103(b)(4)
201.159
103(b)(5)
201.160
103(b)(6)(A)-(F)
201.161
103(b)(7)
201.162
103(b)(8)
201.163
103(c)
201.164
103(d)
201.165
103(e)
201.207
103(f)
201.209
103(g)
201.210
103(k)
201.241
104(b)(1)
201.242
104(b)(2) and (3)
204.243
104(c)
201.244
104(d)
201.245
104(e)
201.246
104(f)
201.247
104(g)
201.261
105(b)
201.262
105(c)
201.263
105(d)
201.264
105(e)
201.265
105(f)
201.281
106(a)
201.282
106(b)
201.283
106(c)
201.301
107(a)
201.302
107(b)
Appendix C
103(b)(2), 103(b)(6)(G), 104(g)
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 202 - ALTERNATIVE CONTROL STRATEGIES › Subpart A - GENERAL PROVISIONS › Section 202.101 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Unless a different meaning of a term is clear from its
				  context, the definitions of terms used for this Part shall be the same as those
				  used in this Chapter, 35 Ill. Adm. Subtitle B, Chapter I
				  (Chapter).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 202 - ALTERNATIVE CONTROL STRATEGIES › Subpart A - GENERAL PROVISIONS › Section 202.104 - Actual Emissions

Current through Register Vol. 48, No. 28, July 12, 2024
"Actual emissions" means the actual rate of annual emissions
				  of a pollutant from an operational emission source for a particular date equal
				  to the mean rate at which the emission source actually emitted the pollutant
				  during the two-year period which immediately precedes the particular date and
				  which is determined by the Illinois Environmental Protection Agency (Agency) to
				  be representative of normal emission source operation; however:
a) The Agency shall allow the use of a
				different time period upon a determination that it is more representative of
				normal emission source operation. The burden shall be on the applicant to
				demonstrate that another time period is more representative. Actual emissions
				shall be calculated using the emission source's actual operating hours,
				production rates, and types of materials processed, stored, or combusted during
				the selected time period.
b) If the
				Agency determines that there is inadequate information to determine actual
				emissions as indicated in the preceding paragraphs, the Agency shall use the
				potential to emit of the emission source.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 202 - ALTERNATIVE CONTROL STRATEGIES › Subpart A - GENERAL PROVISIONS › Section 202.107 - Allowable Emissions

Current through Register Vol. 48, No. 28, July 12, 2024
a) "Allowable
				emissions" means the emission rate of an emission source calculated using the
				maximum rated capacity of the emission source (unless the emission source is
				subject to permit conditions or other enforceable limits that restrict the
				operating rate, or hours of operation, or both) and the more stringent of the
				following:
1) The applicable emission standard
				or limitation contained in this Chapter, including those with a future
				compliance date; or
2) The
				emissions rate specified as a permit condition, including those with a future
				compliance date.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 202 - ALTERNATIVE CONTROL STRATEGIES › Subpart A - GENERAL PROVISIONS › Section 202.110 - Alternative Control Strategy (ACS)

Current through Register Vol. 48, No. 28, July 12, 2024
"Alternative control strategy" means a specific program of
				  emissions limitations and requirements which is environmentally equivalent to
				  that which would otherwise be required by applicable statutes or regulations,
				  and under which the owner or operator of an emission source increases emissions
				  of a regulated pollutant beyond the emission baseline at one or more emission
				  sources and correspondingly reduces emissions of the same pollutant below the
				  emission baseline at other emission sources.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 202 - ALTERNATIVE CONTROL STRATEGIES › Subpart A - GENERAL PROVISIONS › Section 202.113 - Chapter

Current through Register Vol. 48, No. 28, July 12, 2024
References to "this Chapter" or "Chapter 2" in this Part
				  shall mean Pollution Control Board air pollution rules and regulations as
				  contained in Chapter 2: Air Pollution Regulations and as codified under 35 Ill.
				  Adm. Code Subtitle B, Chapter I.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 202 - ALTERNATIVE CONTROL STRATEGIES › Subpart A - GENERAL PROVISIONS › Section 202.116 - Emission Baseline

Current through Register Vol. 48, No. 28, July 12, 2024
"Emission baseline" means the starting point or reference
				  level from which increases and decreases in emissions are measured. The rules
				  governing determination of emission offsets, calculation of net emission
				  increases, and evaluation of ACS strategies specify the particular emission
				  baseline that applies for that purpose.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 202 - ALTERNATIVE CONTROL STRATEGIES › Subpart A - GENERAL PROVISIONS › Section 202.119 - Multi-person ACS

Current through Register Vol. 48, No. 28, July 12, 2024
"Multi-person ACS" means an ACS which includes emission
				  sources which are owned and controlled by different persons who have formed a
				  joint venture for purposes of the ACS.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 202 - ALTERNATIVE CONTROL STRATEGIES › Subpart A - GENERAL PROVISIONS › Section 202.122 - Potential to Emit

Current through Register Vol. 48, No. 28, July 12, 2024
"Potential to emit" means the maximum capacity of an emission
				  source to emit a pollutant under its physical and operational design. Any
				  physical or operational limitation on the capacity of the emission 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 only if the limitation or the
				  effect it would have on emissions is enforceable. Secondary emissions do not
				  count in determining the potential to emit of a stationary
				  source.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 202 - ALTERNATIVE CONTROL STRATEGIES › Subpart A - GENERAL PROVISIONS › Section 202.125 - Abbreviations

Current through Register Vol. 48, No. 28, July 12, 2024
"ug" is an abbreviation for micrograms.
"M3" is an abbreviation for cubic
				  meter.
"SO2" is an abbreviation for sulfur
				  dioxide.
"TSP" is an abbreviation for particulate matter.
"NOx" is an abbreviation for nitrogen
				  oxides.
"CO" is an abbreviation for carbon
				  monoxide.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 202 - ALTERNATIVE CONTROL STRATEGIES › Subpart A - GENERAL PROVISIONS › Section 202.140 - Scope

Current through Register Vol. 48, No. 28, July 12, 2024
Pursuant to a permit issued by the Agency under this Part, a
				  person or persons may use an ACS for emission sources, including fugitive
				  emission sources, in lieu of compliance with conflicting requirements which
				  would otherwise be applicable under this Chapter.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 202 - ALTERNATIVE CONTROL STRATEGIES › Subpart A - GENERAL PROVISIONS › Section 202.142 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
Notwithstanding 35 Ill. Adm. Code
				  201.125, if any
				  provision of Part 202 is stayed or declared invalid by a final order, no longer
				  subject to appeal, of any court of competent jurisdiction, then the entirety of
				  Part 202 shall be deemed stayed or invalidated until the stay is lifted or the
				  Pollution Control Board (Board) acts to revalidate the Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 202 - ALTERNATIVE CONTROL STRATEGIES › Subpart B - PERMIT APPLICATION › Section 202.201 - Emission Baseline for Alternative Control Strategies

Current through Register Vol. 48, No. 28, July 12, 2024
a) The baseline for reviewing decreases or
				increases of emissions from emission sources which are the subject of an ACS
				shall be the lesser of the actual emissions or the allowable emissions
				prescribed by this Chapter.
b)
				Notwithstanding subsection (a), an increment of emission reduction shall be
				creditable under an ACS to the extent that it:
1) Was achieved as a result of the
				installation of pollution control equipment, changes in process, procedures, or
				materials, or the shutdown of an emission source which would not have occurred
				but for the purpose of creating an emission reduction;
2) Reduced emissions beyond the requirements
				of Board regulations; and
3) Was
				not relied upon in the State Implementation Plan (SIP) demonstration to
				demonstrate compliance with ambient air quality standards in the compliance
				year in nonattainment areas or maintenance of air quality in other
				areas.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 202 - ALTERNATIVE CONTROL STRATEGIES › Subpart B - PERMIT APPLICATION › Section 202.210 - Permit Application Information

Current through Register Vol. 48, No. 28, July 12, 2024
In addition to other information which may be required under
				  35 Ill. Adm. Code 201, a permit application under this Subpart shall:
a) List the emission sources to be included
				in the ACS, the emission baseline the applicant believes to be applicable to
				each emission source, and the remaining useful life of each emission
				source.
b) Describe the proposed
				modifications to the emission sources and quantify the emission increases and
				decreases anticipated to occur as a result of each modification.
c) Identify the Board regulations and the
				terms of the Environmental Protection Act (Act) (Ill. Rev. Stat. 1981, ch.
				1111/2, pars. 1001 et seq.) to which the applicant believes the ACS provides an
				alternative.
d) Describe the
				methods currently used to assure compliance and the methods proposed to be used
				under the ACS. Such methods may include, but are not limited to recordkeeping,
				equipment or emissions monitoring, source testing, and material or process
				specifications.
e) Provide an
				analysis of the ACS pursuant to this Subpart.
f) Contain a certification, signed by all ACS
				applicants, stating that a copy of the ACS application has been sent by
				certified mail to the United States Environmental Protection Agency (USEPA) if
				any of the emission sources included in the ACS are presently the subject of a
				federal notice of violation or federal enforcement action under the provisions
				of the Clean Air Act (
				42 U.S.C.
				7401 et seq.), including civil actions filed
				under Section 113(b), criminal actions filed under Section 113(c), a notice
				imposing non-compliance penalties issued under Section 120, administrative
				orders issued under Section 113(a), or a citizen suit filed under Section 304
				where the USEPA has intervened (
				42 U.S.C.
				7413 and
				7420
				).
g) Provide such other
				information as the Agency can demonstrate to be necessary for the determination
				of compliance with the standards of issuance in Section
				202.306,
				including the results of any source tests or ambient air monitoring.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 202 - ALTERNATIVE CONTROL STRATEGIES › Subpart B - PERMIT APPLICATION › Section 202.211 - Analysis of Emissions

Current through Register Vol. 48, No. 28, July 12, 2024
a) A permit
				application under this Subpart must provide a comparison of the baseline
				emissions and the emissions that would be permitted under the proposed ACS for
				each emission source involved in the ACS. Where appropriate, this analysis must
				address differences between the emission sources to be covered by the ACS
				regarding:
1) Methods of determining
				emissions;
2) Consistency and
				reliability of the performance of the emission sources and any associated
				control devices;
3) Frequency and
				duration of operating during malfunction or breakdown with excess emissions, or
				during start-up with excess emissions;
4) Methods of operation, including operating
				schedules, range of raw materials or products; and
5) Other characteristics of the emission
				sources or their operation which may affect equivalence of emissions.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 202 - ALTERNATIVE CONTROL STRATEGIES › Subpart B - PERMIT APPLICATION › Section 202.212 - Analysis of Environmental Quality

Current through Register Vol. 48, No. 28, July 12, 2024
a) A permit application under this Subpart
				shall provide a comparison of the ambient air quality under existing
				requirements and the ambient air quality which would exist under the proposed
				ACS. This analysis shall include dispersion modeling based on the best and most
				appropriate models for the pollutant and emission sources involved, unless the
				Agency finds that:
1) Due to the
				characteristics of the pollutant and emission source, dispersion modeling is
				inappropriate or unnecessary for determining effects on air quality;
				or
2) The location of emission
				sources included in the ACS are not more than 250 meters apart, the effective
				plume height of the emission increases and decreases are not significantly
				different and the differences in the characteristics of the emission sources
				are not likely to affect ambient air quality; or
3) Differences in location, plume height,
				operating practice, and other characteristics of the emission sources subject
				to the ACS are not likely to significantly affect ambient air quality. An
				effect on ambient air quality is significant if it equals or exceeds the levels
				specified in the following table:
SIGNIFICANCE LEVELS
Pollutant
Annual
24-Hour
8-Hour
3-Hour
1-Hour
SO2
1.0 ug/m3
5 ug/m3
25 ug/m3
TSP
1.0 ug/m3
5 ug/m3
NOx
1.0 ug/m3
CO
0.5 ug/m3
2 ug/m3
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 202 - ALTERNATIVE CONTROL STRATEGIES › Subpart B - PERMIT APPLICATION › Section 202.213 - Analysis of Methods of Assuring Compliance

Current through Register Vol. 48, No. 28, July 12, 2024
A permit application under this Subpart shall provide a
				  comparison of the methods of assuring compliance under existing requirements
				  and the methods of assuring compliance which would be used the proposed ACS. As
				  a minimum, the analysis shall address the effectiveness, reliability, and
				  accessibility of these methods.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 202 - ALTERNATIVE CONTROL STRATEGIES › Subpart C - PERMIT CONDITIONS AND ISSUANCE › Section 202.301 - Permit Conditions

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				permit shall specify:
1) All emission limits
				which apply to emission sources under the ACS, and
2) Any compliance procedures which shall be
				followed by the permittee.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 202 - ALTERNATIVE CONTROL STRATEGIES › Subpart C - PERMIT CONDITIONS AND ISSUANCE › Section 202.302 - Records and Reports

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Agency shall require that a permittee operating under an ACS maintain such
				records as necessary to determine compliance with the requirements of the ACS.
1) These records shall include, but shall not
				be limited to the actual and allowable emission rates, or the parameters from
				which these rates are determined or related operational parameters of the
				equipment.
2) The records shall be
				maintained as prescribed in the permit.
3) These records shall be available to the
				Agency and copies of these records shall be sent to the Agency upon written
				request. The Agency shall make such records available to the public pursuant to
				Sections 7 and 7.1 of the Act (Ill. Rev. Stat. 1981, ch. 111½, pars.
				1007 and 1007.1 ) and regulations promulgated hereunder.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 202 - ALTERNATIVE CONTROL STRATEGIES › Subpart C - PERMIT CONDITIONS AND ISSUANCE › Section 202.303 - Monitoring and Testing

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency may require that equipment testing and monitoring,
				  as authorized elsewhere in this Chapter, accompany the construction or
				  operation of emission sources under a permit containing an
				  ACS.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 202 - ALTERNATIVE CONTROL STRATEGIES › Subpart C - PERMIT CONDITIONS AND ISSUANCE › Section 202.304 - Compliance Dates

Current through Register Vol. 48, No. 28, July 12, 2024
a) No owner or
				operator subject to a permit utilizing an ACS is relieved of the responsibility
				for achieving and maintaining a reduction of emissions as expeditiously as
				practicable, but not later than the compliance date required under other
				applicable regulations.
b)
				Notwithstanding subsection (a), an owner or operator may demonstrate compliance
				with 35 Ill. Adm. Code 215 pursuant to an Agency approved alternative
				compliance plan contained in a permit utilizing an ACS which is applied for
				prior to December 31, 1982. The Agency shall approve such an alternative
				compliance plan if, and only if, the applicant demonstrates that:
1) The alternative compliance plan extends
				the compliance date for each emission source subject to the ACS no longer than
				necessary to enable that emission source to utilize the ACS, but in no case
				later than December 31, 1987;
2)
				The emission source belongs to a category of emission sources having a
				compliance date of December 31, 1982 or later under 35 Ill. Adm. Code
				215;
3) The use of an ACS will
				result in either greater or faster overall emission reductions than would
				otherwise be achieved; and
4) Such
				extension is consistent with the requirements of the Clean Air Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 202 - ALTERNATIVE CONTROL STRATEGIES › Subpart C - PERMIT CONDITIONS AND ISSUANCE › Section 202.305 - Public Participation

Current through Register Vol. 48, No. 28, July 12, 2024
The initial issuance of a permit containing an ACS shall be
				  subject to applicable Agency public participation procedures (35 Ill. Adm. Code
				  166) prior to issuance. At a minimum, the Agency shall provide an opportunity
				  for public comment.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 202 - ALTERNATIVE CONTROL STRATEGIES › Subpart C - PERMIT CONDITIONS AND ISSUANCE › Section 202.306 - Standards for Issuance

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency shall issue a permit containing an ACS if, and
				  only if, the permit applicant demonstrates that:
a) The ACS provides, in the aggregate with
				respect to each regulated pollutant, equivalent or less total emissions than
				would otherwise be required.
b) The
				impact of the ACS is environmentally equivalent to that which would otherwise
				be achieved and maintained under existing requirements.
c) The methods for assuring compliance with
				the conditions and requirements of the permit under the ACS are equivalent to
				those that are associated with otherwise applicable requirements.
d) The ACS complies with any applicable
				requirements contained in 35 Ill. Adm. Code 203, 230 or 231.
e) USEPA has not disapproved the proposed ACS
				or any compliance schedule it may contain due to the existence of a federal
				enforcement action pending against a participant in the ACS.
f) The ACS does not permit an increase in
				emissions of any pollutant which is listed or regulated pursuant to Section 112
				of the Clean Air Act (
				42 U.S.C.
				7412 et seq.).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 202 - ALTERNATIVE CONTROL STRATEGIES › Subpart C - PERMIT CONDITIONS AND ISSUANCE › Section 202.307 - Notification to USEPA

Current through Register Vol. 48, No. 28, July 12, 2024
Upon issuance of an ACS permit, the Agency shall notify USEPA
				  of emission limitations, alternative compliance plans, and any other permit
				  conditions applicable to emission sources under an ACS.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 202 - ALTERNATIVE CONTROL STRATEGIES › Subpart D - PERMIT DURATION, REVISION AND RENEWAL › Section 202.401 - Duration

Current through Register Vol. 48, No. 28, July 12, 2024
a) A permit
				containing an ACS shall be issued for no longer than five years, or for such
				shorter period as the Agency may specify as necessary for periodic review of
				the ACS or to accomplish the purposes of the Act or of this Chapter. However,
				an ACS permit may not be issued for a period of time which is greater than the
				useful life of an emission source which contributes an emission reduction to
				the ACS. The burden of proving the useful life of the emission source is on the
				applicant.
b) Upon the initial
				issuance or renewal of an ACS permit, the Agency shall consider all factors
				which it reasonably construes as bearing upon the useful life of an emission
				source which contributes an emission reduction to the ACS. Where a shutdown
				emission source contributes an emission reduction to an ACS, the Agency shall
				specify the useful life of the shutdown emission source in a permit condition.
				Factors which the Agency considers shall include, as a minimum:
1) The anticipated useful life of the
				principal components of the emission source upon purchase;
2) The physical condition of the principal
				components of the emission source;
3) The technological acceptability of the
				emission source;
4) The economic
				viability of the emission source; and
5) The demonstrated useful life of emission
				sources of the same category or functional type.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 202 - ALTERNATIVE CONTROL STRATEGIES › Subpart D - PERMIT DURATION, REVISION AND RENEWAL › Section 202.402 - Revision

Current through Register Vol. 48, No. 28, July 12, 2024
a) Timing
1) An application for revision of a permit
				containing an ACS shall be submitted at least 180 days prior to the date on
				which the revision is required to go into effect.
2) If the standard under this Chapter for an
				emission source included in the ACS is changed and a revised ACS is being
				proposed, an application for revision of a permit containing the ACS shall be
				submitted at least 90 days prior to the date a compliance plan must be
				submitted.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 202 - ALTERNATIVE CONTROL STRATEGIES › Subpart D - PERMIT DURATION, REVISION AND RENEWAL › Section 202.403 - Renewal

Current through Register Vol. 48, No. 28, July 12, 2024
a) An application
				for renewal of a permit containing an ACS shall be submitted at least 180 days
				prior to the expiration of the previous permit.
b) Applications for renewal shall contain the
				information specified in Section
				202.210.
				However, an analysis of the effect of the ACS on air quality pursuant to
				Section
				202.212
				need by provided only if:
1) The other
				information submitted pursuant to this subsection is different from the
				information upon which the permit was previously issued, and
2) the differences include a change in the
				applicable emission limit or operation of the source or may otherwise
				significantly affect air quality.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 202 - ALTERNATIVE CONTROL STRATEGIES › Subpart E - ALTERNATIVE CONTROL STRATEGIES INVOLVING MORE THAN ONE PERSON › Section 202.501 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
Persons who propose or participate in a multi-person ACS
				  shall be subject to the rules found in this Subpart in addition to the
				  remainder of this Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 202 - ALTERNATIVE CONTROL STRATEGIES › Subpart E - ALTERNATIVE CONTROL STRATEGIES INVOLVING MORE THAN ONE PERSON › Section 202.502 - Permit Application

Current through Register Vol. 48, No. 28, July 12, 2024
In addition to the information required in Section
				  212.210, persons who
				  propose a multi-person ACS shall:
a)
				Identify the persons having ownership and control of the emission sources to be
				included in the ACS.
b) Provide a
				written agreement showing the participants' intent to pursue the multi-person
				ACS and to be jointly bound by the terms and conditions of any permits which
				are issued pursuant to the application.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 202 - ALTERNATIVE CONTROL STRATEGIES › Subpart E - ALTERNATIVE CONTROL STRATEGIES INVOLVING MORE THAN ONE PERSON › Section 202.504 - Permit Conditions

Current through Register Vol. 48, No. 28, July 12, 2024
Each participant in a multi-person ACS shall be issued an
				  individual permit which shall be conditioned on the continuing compliance of
				  the other participants with the limitations in their permits.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 202 - ALTERNATIVE CONTROL STRATEGIES › Subpart E - ALTERNATIVE CONTROL STRATEGIES INVOLVING MORE THAN ONE PERSON › Section 202.505 - Records and Reports

Current through Register Vol. 48, No. 28, July 12, 2024
All records and reports of the participants in a multi-person
				  ACS which are not confidential in nature shall be available for inspection to
				  the other participants upon reasonable notice of a request to
				  inspect.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 202 - ALTERNATIVE CONTROL STRATEGIES › Subpart E - ALTERNATIVE CONTROL STRATEGIES INVOLVING MORE THAN ONE PERSON › Section 202.506 - Revocation

Current through Register Vol. 48, No. 28, July 12, 2024
Permit revocation or other sanctions may be initiated before
				  the Board against any and all persons in the multi-person ACS, regardless of
				  the ownership and control of the emission source at which the violations
				  occurred or any contracts or other agreements between the
				  participants.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 202 - ALTERNATIVE CONTROL STRATEGIES › Subpart E - ALTERNATIVE CONTROL STRATEGIES INVOLVING MORE THAN ONE PERSON › Section 202.507 - Termination

Current through Register Vol. 48, No. 28, July 12, 2024
a) If a participant
				in a multi-person ACS intends to terminate involvement in the ACS, it shall
				give written notice to the Agency and the other participants in the ACS at
				least 180 days prior to the anticipated termination date.
b) If the ACS will not meet the standards of
				issuance with only the remaining participants, they may:
1) Propose a revised ACS to include the
				remaining sources and persons; this proposal shall be submitted to the Agency
				at least 120 days before new permits are required; or
2) Apply for revised permits, pursuant to the
				otherwise applicable regulations in this Chapter; such applications shall be
				submitted at least 90 days before the permits are required; or
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 202 - ALTERNATIVE CONTROL STRATEGIES › Subpart E - ALTERNATIVE CONTROL STRATEGIES INVOLVING MORE THAN ONE PERSON › Appendix A - Pre-Codification into Codified

Current through Register Vol. 48, No. 28, July 12, 2024
Pre-Codification Section
Section
202.101
202.101
202.101
202.104
202.101
202.107
202.101
202.110
202.101
202.113
202.101
202.116
202.101
202.119
202.101
202.122
202.101
202.125
202.102
202.140
202.105
202.201
202.110
202.210
202.111
202.211
202.112
202.212
202.113
202.213
202.120
202.306
202.125
202.305
202.130
202.304
202.140
202.302
202.145
202.401
202.150
202.301
202.155
202.303
202.157
202.307
202.160
202.402
202.165
202.403
202.190
202.142
202.201
202.501
202.202
202.502
202.204
202.503
202.206
202.504
202.208
202.505
202.210
202.506
202.211
202.507
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 202 - ALTERNATIVE CONTROL STRATEGIES › Subpart E - ALTERNATIVE CONTROL STRATEGIES INVOLVING MORE THAN ONE PERSON › Appendix B - Codified into Pre-Codification

Current through Register Vol. 48, No. 28, July 12, 2024
Section
Pre-Codification Section
202.101
202.101
202.104
202.101
202.107
202.101
202.110
202.101
202.113
202.101
202.116
202.101
202.119
202.101
202.122
202.101
202.125
202.101
202.140
202.102
202.142
202.190
202.201
202.105
202.210
202.110
202.211
202.111
202.212
202.112
202.213
202.113
202.301
202.150
202.302
202.140
202.303
202.155
202.304
202.130
202.305
202.125
202.306
202.120
202.307
202.157
202.401
202.145
202.402
202.160
202.403
202.165
202.501
202.201
202.502
202.202
202.503
202.204
202.504
202.206
202.505
202.208
202.506
202.210
202.507
202.211
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 203 - MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION › Subpart A - GENERAL PROVISIONS › Section 203.101 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Unless otherwise specified within this Part, the definitions
				  of terms used in this Part shall be the same as those used in the Pollution
				  Control Board (Board) Rules and Regulations 35 Ill. Adm. Code 201 and
				  211.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 203 - MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION › Subpart A - GENERAL PROVISIONS › Section 203.103 - Actual Construction

Current through Register Vol. 48, No. 28, July 12, 2024
"Actual Construction" means in general, initiation of
				  physical on-site construction activities on an emissions unit which are of a
				  permanent nature. Such activities include, but are not limited to, installation
				  of building supports and foundations, laying of underground pipework, and
				  erection of permanent storage structures. With respect to a change in method of
				  operation, this term refers to those on-site activities other than preparatory
				  activities which mark the initiation of the change.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 203 - MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION › Subpart A - GENERAL PROVISIONS › Section 203.104 - Actual Emissions

Current through Register Vol. 48, No. 28, July 12, 2024
"Actual Emissions" means the actual rate of annual emissions
				  of a pollutant from an emissions unit as of a particular date. Actual emissions
				  are equal to the average rate, in tons per year, at which the emissions unit
				  actually emitted the pollutant during the two-year period which immediately
				  precedes the particular date or such other period which is determined by the
				  Illinois Environmental Protection Agency (Agency) to be representative of
				  normal source operation. Actual emissions shall be calculated using the unit's
				  actual operating hours, production rates, and types of materials processed,
				  stored or combusted during the selected time period; however:
a) The Agency shall allow the use of a
				different time period upon a demonstration by the applicant to the Agency that
				the time period is more representative of normal source operation. Such
				demonstration may include, but need not be limited to, operating records or
				other documentation of events or circumstances indicating that the preceding
				two years is not representative of normal source operations.
b) The Agency may presume in the absence of
				reliable data on actual emissions that the source-specific allowable emissions
				for the emissions unit are equivalent to the actual emissions of the emissions
				unit.
c) For any emissions unit
				which has not begun normal operations on the particular date, the Agency shall
				presume that the potential to emit of the emissions unit is equivalent to the
				actual emissions on that date.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 203 - MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION › Subpart A - GENERAL PROVISIONS › Section 203.107 - Allowable Emissions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				"Allowable emissions" means the emission rate of a stationary source calculated
				using the maximum rated capacity of the source (unless the source is subject to
				federally enforceable permit conditions or other such federally enforceable
				limits which restrict the operating rate, or hours of operation, or both) and
				the most stringent of the following:
1) Any
				applicable standards adopted by the United States Environmental Protection
				Agency (USEPA) pursuant to Sections 111 and 112 of the Clean Air Act (
				42 U.S.C.
				7401, et seq.) and made applicable in
				Illinois pursuant to Section 9.1 of the Environmental Protection Act (Act)
				(Ill. Rev. Stat. 1991, ch. 1111/2, pars. 1001 et seq.) [415 ILCS
				5/1 et seq.];
2) The applicable emission standards or
				limitations contained in this Chapter and approved by USEPA pursuant to Section
				110(a)(2) or 110 (a)(3) of the Clean Air Act, including those standards or
				limitations with a future compliance date and any other emission standard or
				limitation enforceable under the Environmental Protection Act or by the USEPA
				under Section 113 of the Clean Air Act; or
3) The emissions rate specified as a
				federally enforceable permit condition including those emissions rates with a
				future compliance date.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 203 - MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION › Subpart A - GENERAL PROVISIONS › Section 203.110 - Available Growth Margin

Current through Register Vol. 48, No. 28, July 12, 2024
"Available growth margin" means the portion which remains of
				  any emission allowance for new or modified major stationary sources expressly
				  identified in the attainment demonstration approved by the United States
				  Environmental Protection Agency under Section 172(c)(4) of the Clean Air Act (
				  42 U.S.C.
				  7502(c)(4) ) for a
				  particular pollutant and area in a zone (within a nonattainment area) to which
				  economic development should be targeted, in accordance with Section
				  173(a)(1)(B) of the Clean Air Act (
				  42 U.S.C.
				  7503(a)(1)(B)
				  ).