reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 203 - MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION › Subpart A - GENERAL PROVISIONS › Section 203.112 - Building, Structure and Facility

Current through Register Vol. 48, No. 28, July 12, 2024
a) The terms "building", "structure", and
				"facility" include all of the pollutant-emitting activities which 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 "Major Group" (i.e., which have the same two-digit code) as described
				in the Standard Industrial Classification Manual, 1972, as amended by the 1977
				Supplement (U.S. Government Printing Office stock numbers 4101-0066 and
				003-005-00176-0, respectively) incorporated by reference in 35 Ill. Adm. Code
				720.111.
b) The terms "building", "structure", and
				"facility" shall also include
1) the transfer
				of materials, including but not limited to grain, gasoline, petroleum liquids,
				coal, fertilizer, crushed stone and ore, from vessels, motor vehicles or other
				conveyances, irrespective of ownership or industrial grouping, to or from a
				building, structure, or facility as defined in subsection (a) above,
				and
2) activities at or adjacent to
				such building, structure or facility which are associated with such transfer,
				including but not limited to the operating of engines to provide heat,
				refrigeration or lighting, operation of auxiliary engines for pumps or cranes,
				and transfer of materials from hold to hold or tank to tank during onloading or
				offloading operations except those activities causing emissions resulting
				directly from internal combustion engines from transportation purposes or from
				a non road engine or non road vehicle as defined in Section 216 of the Clean
				Air Act (
				42 U.S.C.
				7401 et seq.).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 203 - MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION › Subpart A - GENERAL PROVISIONS › Section 203.113 - Commence

Current through Register Vol. 48, No. 28, July 12, 2024
As applied to construction of a major stationary source or
				  major modification "commence" means that the owner or operator has obtained 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 contractural obligations, which 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.
c) For purposes of
				this Secton, a "reasonable time" shall be determined considering but not
				limited to the following factors: The nature and size of the project, the
				extent of design engineering, the amount of off-site preparation, whether
				equipment can be fabricated or can be purchased, when the project begins
				(considering both the seasonal nature of construction activity and the
				existence of other projects competing for construction labor at the same time,
				the place of the environmental permit in the sequence of corporate and overall
				governmental approval), and the nature of the permittee (private, public,
				regulated, etc).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 203 - MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION › Subpart A - GENERAL PROVISIONS › Section 203.116 - Construction

Current through Register Vol. 48, No. 28, July 12, 2024
"Construction" means any physical change or change in the
				  method of operation, including but not limited to fabrication, erection,
				  installation, demolition, or modification of an emissions source unit, which
				  would result in a change in actual emissions.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 203 - MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION › Subpart A - GENERAL PROVISIONS › Section 203.117 - Dispersion Enhancement Techniques

Current through Register Vol. 48, No. 28, July 12, 2024
"Dispersion Enhancement Techniques" mean so much of the stack
				  height of any source as exceeds good engineering practice or any other
				  dispersion technique, determined by regulations at
				  40
				  CFR 51.100(1987) (no future
				  amendments or editions are included).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 203 - MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION › Subpart A - GENERAL PROVISIONS › Section 203.119 - 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, calculations of net emission
				  increases, and evaluation under 35 Ill. Adm. Code 202, Alternative Control
				  Strategies specify the particular emission baseline that applies for that
				  purpose.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 203 - MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION › Subpart A - GENERAL PROVISIONS › Section 203.121 - Emission Offset

Current through Register Vol. 48, No. 28, July 12, 2024
"Emission offset" means a creditable emission reduction used
				  to compensate for the increase in emissions resulting from a new major source
				  or a major modification in accordance with Sections
				  203.302
				  and
				  203.303
				  of this Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 203 - MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION › Subpart A - GENERAL PROVISIONS › Section 203.122 - Emissions Unit

Current through Register Vol. 48, No. 28, July 12, 2024
"Emissions unit" means any part of a stationary source which
				  emits or has the potential to emit any air pollutant subject to regulation
				  under the Act or this Chapter or by the United States Environmental Protection
				  Agency under the Clean Air Act (
				  42 U.S.C.
				  7401 et seq.).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 203 - MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION › Subpart A - GENERAL PROVISIONS › Section 203.123 - Federally Enforceable

Current through Register Vol. 48, No. 28, July 12, 2024
"Federally enforceable" means enforceable by the United
				  States Environmental Protection Agency.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 203 - MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION › Subpart A - GENERAL PROVISIONS › Section 203.124 - Fugitive Emissions

Current through Register Vol. 48, No. 28, July 12, 2024
"Fugitive Emissions" means those emissions which could not
				  reasonably pass through a stack, chimney, vent or other functionally equivalent
				  opening.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 203 - MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION › Subpart A - GENERAL PROVISIONS › Section 203.125 - Installation

Current through Register Vol. 48, No. 28, July 12, 2024
"Installation" means an identifiable piece of equipment,
				  including, but not limited to, boilers, furnaces, reactors, dryers,
				  incinerators, heaters, and coating lines.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 203 - MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION › Subpart A - GENERAL PROVISIONS › Section 203.127 - Nonattainment Area

Current through Register Vol. 48, No. 28, July 12, 2024
An area designated by USEPA as nonattainment for a given
				  pollutant pursuant to Section 107 of the Clean Air Act (
				  42 U.S.C.
				  7407 ).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 203 - MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION › Subpart A - GENERAL PROVISIONS › Section 203.128 - 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 only if the limitation or the
				  effect it would have on emissions is federally enforceable. Secondary emissions
				  do not count in determining the potential to emit of a stationary
				  source.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 203 - MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION › Subpart A - GENERAL PROVISIONS › Section 203.131 - Reasonable Further Progress

Current through Register Vol. 48, No. 28, July 12, 2024
"Reasonable Further Progress" means the annual incremental
				  reductions in the emissions of the applicable air pollutant as determined by
				  USEPA pursuant to Part D of the Clean Air Act (
				  42
				  U.S.C. 7501 et seq.) and federal regulations
				  adopted pursuant thereto.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 203 - MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION › Subpart A - GENERAL PROVISIONS › Section 203.134 - Secondary Emissions

Current through Register Vol. 48, No. 28, July 12, 2024
"Secondary Emissions" means the emissions which 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. For the purpose of this Part, secondary emissions must be
				  specific, well defined, quantifiable, and impact the same general area as the
				  stationary source or modification which causes the secondary emissions.
				  Secondary emissions may include, but are not limited to, emissions from any
				  off-site support facility which would not otherwise be constructed or increase
				  its emissions except as a result of the construction or operation of the major
				  stationary source or major modification.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 203 - MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION › Subpart A - GENERAL PROVISIONS › Section 203.136 - Stationary Source

Current through Register Vol. 48, No. 28, July 12, 2024
"Stationary Source" means any building, structure, facility
				  or installation which emits or may emit any air pollutant subject to regulation
				  under the Act or this Chapter or by USEPA under the Clean Air Act (
				  42 U.S.C.
				  7401 et seq.).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 203 - MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION › Subpart A - GENERAL PROVISIONS › Section 203.150 - Public Participation

Current through Register Vol. 48, No. 28, July 12, 2024
Prior to the initial issuance or revision of a permit
				  pursuant to Subpart B, the Agency shall provide, at a minimum, notice of the
				  proposed issuance of a permit, a comment period, and opportunity for public
				  hearing pursuant to the Agency public participation procedures set forth at 35
				  Ill. Adm. Code 252.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 203 - MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION › Subpart B - MAJOR STATIONARY SOURCES IN NONATTAINMENT AREAS › Section 203.201 - Prohibition

Current through Register Vol. 48, No. 28, July 12, 2024
In any nonattainment area, no person shall cause or allow the
				  construction of a new major stationary source or major modification that is
				  major for the pollutant for which the area is designated a nonattainment area,
				  except as in compliance with this Part for that pollutant. In areas designated
				  nonattainment for ozone, this prohibition shall apply to new major stationary
				  sources or major modifications of sources that emit volatile organic materials
				  or nitrogen oxides. Revisions to this Part which were adopted to implement the
				  Clean Air Act Amendments of 1990 shall not apply to any new major stationary
				  source or major modification for which a permit application was submitted by
				  June 30, 1992 for PM-10, May 15, 1992 for SO2, or by
				  November 15, 1992 for nitrogen oxides and volatile organic material emissions
				  for sources located in all ozone nonattainment areas.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 203 - MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION › Subpart B - MAJOR STATIONARY SOURCES IN NONATTAINMENT AREAS › Section 203.202 - Coordination with Permit Requirement and Application Pursuant to 35 Ill. Adm. Code 201

Current through Register Vol. 48, No. 28, July 12, 2024
For new major sources and major modifications, the
				  fulfillment of the requirements of 35 Ill. Adm. Code 201 related to
				  construction, including the permit requirements of 35 Ill. Adm. Code
				  201.142,
				  shall be combined with the requirements of this Subpart.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 203 - MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION › Subpart B - MAJOR STATIONARY SOURCES IN NONATTAINMENT AREAS › Section 203.203 - Construction Permit Requirement and Application

Current through Register Vol. 48, No. 28, July 12, 2024
a) A construction permit is required prior to
				actual construction of a major new source or major modification.
b) Applications for construction permits
				required under this Section shall contain sufficient information to demonstrate
				compliance with 35 Ill. Adm. Code 201 and the requirements of this Part
				including, but not limited to, Subpart C.
c) The permit shall include conditions
				specifying the manner in which the requirements of Subparts B and C of this
				Part are satisfied.
d) No permittee
				shall violate any condition contained in a construction permit issued for a new
				major stationary source or major modification which is subject to this
				Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 203 - MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION › Subpart B - MAJOR STATIONARY SOURCES IN NONATTAINMENT AREAS › Section 203.205 - Effect of Permits

Current through Register Vol. 48, No. 28, July 12, 2024
The issuance of a permit for a source subject to the
				  requirements of this Part shall not relieve any person of the responsibility to
				  comply fully with applicable provisions of the Environmental Protection Act
				  (Act) (Ill. Rev. Stat. 1985, ch. 111 1/2, pars 1001 et seq.), and any other
				  applicable requirements under local, state or federal law.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 203 - MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION › Subpart B - MAJOR STATIONARY SOURCES IN NONATTAINMENT AREAS › Section 203.206 - Major Stationary Source

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				For purposes of this Part, the term "major stationary source" shall exclusively
				mean "building, structure and facility," as those terms are defined in Section
				203.113 of this
				Part.
b) The following constitute a
				major stationary source:
1) For an area
				designated as nonattainment for ozone, a major stationary source is a
				stationary source which emits or has the potential to emit volatile organic
				material in an amount equal to or greater than the following:
A) 100 tons per year in an area classified as
				marginal or moderate nonattainment for ozone;
B) 50 tons per year in an area classified as
				serious nonattainment for ozone;
C)
				25 tons per year in an area classified as severe nonattainment for ozone;
				and
D) 10 tons per year in an area
				classified as extreme nonattainment for ozone.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 203 - MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION › Subpart B - MAJOR STATIONARY SOURCES IN NONATTAINMENT AREAS › Section 203.207 - Major Modification of a Source

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as provided in subsection (c), (d),
				(e) or (f), a physical change, or change in the method of operation of a major
				stationary source that would result in a significant net emissions increase of
				any pollutant for which the area is designated a nonattainment area, shall
				constitute a major modification of a source.
b) Any net emissions increase that is
				significant for volatile organic material or nitrogen oxides shall be
				considered significant for ozone.
c) A physical change or change in the method
				of operation shall not include:
1) Routine
				maintenance and repair.
2) Use of
				an alternative fuel or raw material by reason of any order under Section 2(a)
				and (b) of the Energy Supply and Environmental Coordination Act of 1974 (
				15 USC
				791), the Power Plant and Industrial Fuel Use
				Act of 1978 (42 USC
				8301) (or any superseding legislation) or by
				reason of a natural gas curtailment plan under the Federal Power Act
				(16 USC
				791, et seq.).
3) Use of an alternative fuel by reason of an
				order or rule under Section 125 of the Clean Air Act (42 USC
				7425).
4) Use of an alternative fuel at a steam
				generating unit to the extent that the fuel is generated from municipal solid
				waste.
5) Use of an alternative
				fuel or raw material by a stationary source that:
A) Was capable of accommodating such
				alternative fuel or raw material before December 21, 1976, and that has
				continuously remained capable of accommodating such fuels or materials unless
				such change would be prohibited under any enforceable permit condition
				established after December 21, 1976, under
				40 CFR
				52.21, 35 Ill. Adm. Code 204, this Part, or
				35 Ill. Adm. Code
				201.142
				or
				201.143;
				or
B) Is approved for use under any
				permit issued under this Part or 35 Ill. Adm. Code
				201.142
				or 201.143.
6) An
				increase in the hours of operation or in the production rate, unless such
				change is prohibited under any enforceable permit condition that was
				established after December 21, 1976 under
				40 CFR
				52.21, 35 Ill. Adm. Code 204, this Part, or
				35 Ill. Adm. Code
				201.142
				or 201.143.
7) Any change in
				ownership at a stationary source.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 203 - MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION › Subpart B - MAJOR STATIONARY SOURCES IN NONATTAINMENT AREAS › Section 203.208 - Net Emission Determination

Current through Register Vol. 48, No. 28, July 12, 2024
A net emissions increase is the amount by which the sum of
				  any increase in actual emissions from a particular physical change or change in
				  method of operation at a source, and any other increases and decreases in
				  actual emissions at the source that are contemporaneous with the particular
				  change and are otherwise creditable, exceeds zero. The following steps
				  determine whether the increase or decrease in emissions is available.
a) Except for increases or decreases in
				volatile organic material and nitrogen oxide emissions in serious and severe
				ozone nonattainment areas which are addressed in Section
				203.209(b),
				an increase or decrease in actual emissions is contemporaneous only if it
				occurs between the date that an increase from a particular change occurs and
				the date five years before a timely and complete application is submitted for
				the particular change. It must also occur after either April 24, 1979, or the
				date the area is designated by the United States Environmental Protection
				Agency as a nonattainment area for the pollutant, whichever is more
				recent.
b) An increase or decrease
				in actual emissions is creditable:
1) Only if
				there is not in effect for the source at the time the particular change occurs
				a permit which relied on the same increase or decrease in actual emissions;
				and
2) Only to the extent the new
				and old levels differ.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 203 - MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION › Subpart B - MAJOR STATIONARY SOURCES IN NONATTAINMENT AREAS › Section 203.209 - Significant Emissions Determination

Current through Register Vol. 48, No. 28, July 12, 2024
a) A net emission increase in the pollutant
				emitted is significant if the rate of emission is equal to or in excess of the
				following:
1) Carbon monoxide: 100 tons per
				year (tpy)
2) Nitrogen oxides: 40
				tpy for a nonattainment area for nitrogen dioxide and 40 tpy for an ozone
				nonattainment area, except as provided in subsection (b) of this
				Section
3) Sulfur dioxide: 40
				tpy
4) Particulate matter measured
				as PM-10: 15 tpy
5) Ozone: 40 tpy
				of volatile organic material, except as provided in subsection (b) of this
				Section
6) Lead: 0.6 tpy
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 203 - MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION › Subpart B - MAJOR STATIONARY SOURCES IN NONATTAINMENT AREAS › Section 203.210 - Relaxation of a Source-Specific Limitation

Current through Register Vol. 48, No. 28, July 12, 2024
a) No person shall cause or allow the
				operation of a source so as to exceed any enforceable limitation which affects
				or defines the applicability of the requirements of this Part to a stationary
				source or modification by specifying the permissible emission rate, operating
				hours, the type or amount of material processed, stored or combusted, or other
				aspects of source operation.
b) At
				such time that a particular source or modification becomes a major stationary
				source or major modification solely by virtue of a relaxation in, or expiration
				of, any enforceable limitation which was 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 this Part
				shall apply as though construction had not yet commenced on the source or
				modification.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 203 - MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION › Subpart B - MAJOR STATIONARY SOURCES IN NONATTAINMENT AREAS › Section 203.211 - Permit Exemption Based on Fugitive Emissions

Current through Register Vol. 48, No. 28, July 12, 2024
The provisions of this Part shall not apply to a source or
				  modification that would be a major stationary source or major modification only
				  if fugitive emissions, to the extent quantifiable as evidenced by 35 Ill. Adm.
				  Code
				  201.122, are
				  considered in calculating the potential to emit of the stationary source or
				  modification and the source does not belong to any of the categories enumerated
				  in Section
				  203.206(d).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 203 - MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION › Subpart C - REQUIREMENTS FOR MAJOR STATIONARY SOURCES IN NONATTAINMENT AREAS › Section 203.301 - Lowest Achievable Emission Rate

Current through Register Vol. 48, No. 28, July 12, 2024
a) For any source, lowest achievable emission
				rate (LAER) will be the more stringent rate of emissions based on the
				following:
1) The most stringent emission
				limitation which is contained in the implementation plan of any state for such
				class or category of stationary source, unless it is demonstrated that such
				limitation is not achievable; or
2)
				The most stringent emission limitation which is achieved in practice by such a
				class or category of stationary source. This limitation, when applied to a
				modification, means the lowest achievable emissions rate for the new or
				modified emissions units within the stationary source. In no event shall the
				application of this term permit a proposed new or modified stationary source to
				emit any pollutant in excess of the amount allowable under an applicable new
				source performance standard adopted by United States Environmental Protection
				Agency (USEPA) pursuant to Section 111 of the Clean Air Act and made applicable
				in Illinois pursuant to Section 9.1 of the Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 203 - MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION › Subpart C - REQUIREMENTS FOR MAJOR STATIONARY SOURCES IN NONATTAINMENT AREAS › Section 203.302 - Maintenance of Reasonable Further Progress and Emission Offsets

Current through Register Vol. 48, No. 28, July 12, 2024
a) The owner or
				operator of a new major source or major modification shall provide emission
				offsets equal to or greater than the allowable emissions from the source or the
				net increase in emissions from the modification sufficient to allow the Agency
				to determine that the source or modification will not interfere with reasonable
				further progress as set forth in Section 173 of the Clean Air Act (
				42 U.S.C.
				7401 et seq.).
1) For new major sources or major
				modifications in ozone nonattainment areas the ratio of total emission
				reductions provided by emission offsets for volatile organic material or
				nitrogen oxides to total increased emissions of such contaminants shall be at
				least as follows:
A)1.1 to 1 in areas
				classified as marginal;
B)1.15
				to 1 in areas classified as moderate;
C)1.2 to 1 in areas classified as
				serious;
D)1.3 to 1 in areas
				classified as severe; and
E)1.5 to 1 in areas
				classified as extreme.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 203 - MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION › Subpart C - REQUIREMENTS FOR MAJOR STATIONARY SOURCES IN NONATTAINMENT AREAS › Section 203.303 - Baseline and Emission Offsets Determination

Current through Register Vol. 48, No. 28, July 12, 2024
a) An emission offset must be obtained from a
				source in operation prior to the permit application for the new or modified
				source. Emission offsets must be effective prior to start-up of the new or
				modified source.
b) The emission
				offsets provided:
1) Must be of the same
				pollutant and further be of a type with approximately the same qualitative
				significance for public health and welfare as that attributed to the increase
				from a particular change;
2) Must,
				in the case of a fuel combustion source, be based on the type of fuel being
				burned at the time the permit application is filed, and, if offset is to be
				produced by a future switch to a cleaner fuel, be accompanied by evidence that
				long-term supplies of the clean fuel are available and a commitment to a
				specified alternative control measure which would achieve the same degree of
				emission reduction of the dirtier fuel is proposed;
3) Must, in the case of a past shutdown of a
				source or permanent curtailment of production or operating hours, have occurred
				since April 24, 1979, or the date the area is designated a nonattainment area
				for the pollutant, whichever is more recent, and, until the United States
				Environmental Protection Agency (USEPA) has approved the attainment
				demonstration and state trading or marketing rules for the relevant pollutant,
				the proposed new or modified source must be a replacement for the shutdown or
				curtailment;
4) Must be federally
				enforceable by permit; and
5) Must
				not have been previously relied on, as demonstrated by the Agency, in issuing
				any permit pursuant to 35 Ill. Adm. Code
				201.142
				or
				201.143
				or this Part, or for demonstrating attainment or reasonable further
				progress.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 203 - MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION › Subpart C - REQUIREMENTS FOR MAJOR STATIONARY SOURCES IN NONATTAINMENT AREAS › Section 203.305 - Compliance by Existing Sources

Current through Register Vol. 48, No. 28, July 12, 2024
The owner or operator shall demonstrate that all major
				  stationary sources which he or she owns or operates (or which are owned or
				  operated by any entity controlling or controlled by, or under common control,
				  with the owner or operator) in Illinois are in compliance, or on a schedule for
				  compliance, with all applicable state and federal air pollution control
				  requirements. For purposes of this Section, a schedule for compliance must be
				  federally enforceable or contained in an order of the Illinois Pollution
				  Control Board or a court decree.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 203 - MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION › Subpart C - REQUIREMENTS FOR MAJOR STATIONARY SOURCES IN NONATTAINMENT AREAS › Section 203.306 - Analysis of Alternatives

Current through Register Vol. 48, No. 28, July 12, 2024
The owner or operator shall demonstrate that benefits of the
				  new major source or major modification significantly outweigh the environmental
				  and social costs imposed as a result of its location, construction, or
				  modification, based upon an analysis of alternative sites, sizes, production
				  processes, and environmental control techniques for such proposed
				  source.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 203 - MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION › Subpart F - OPERATION OF A MAJOR STATIONARY SOURCE OR MAJOR MODIFICATION › Section 203.601 - Lowest Achievable Emission Rate Compliance Requirement

Current through Register Vol. 48, No. 28, July 12, 2024
No person shall cause or allow the operation of a new major
				  stationary source or major modification subject to the requirements of Subpart
				  C, except as in compliance with applicable LAER provisions established pursuant
				  to Section
				  203.301
				  for such source or modification.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 203 - MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION › Subpart F - OPERATION OF A MAJOR STATIONARY SOURCE OR MAJOR MODIFICATION › Section 203.602 - Emission Offset Maintenance Requirement

Current through Register Vol. 48, No. 28, July 12, 2024
No person shall cause or allow the operation of a new major
				  stationary source or major modification where the owner or operator has
				  demonstrated that it would not interfere with reasonable further progress by
				  providing emission offsets pursuant to Section
				  203.302
				  without maintaining those emission offsets or other equivalent
				  offsets.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 203 - MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION › Subpart G - GENERAL MAINTENANCE OF EMISSION OFFSETS › Section 203.701 - General Maintenance of Emission Offsets

Current through Register Vol. 48, No. 28, July 12, 2024
No person shall cease to maintain emission offsets which were
				  provided for a source or modification which is subject to this
				  Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 203 - MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION › Subpart H - OFFSETS FOR EMISSION INCREASES FROM ROCKET ENGINES AND MOTOR FIRING › Section 203.801 - Offsetting by Alternative or Innovative Means

Current through Register Vol. 48, No. 28, July 12, 2024
A source may offset, by alternative or innovative means,
				  emission increases from rocket engine and motor firing, and cleaning related to
				  such firing, at an existing or modified major source that tests rocket engines
				  or motors under the following conditions:
a) Any modification proposed is solely for
				the purpose of expanding the testing of rocket engines or motors at an existing
				source that is permitted to test such engines on November 15, 1990;
b) The source demonstrates to the
				satisfaction of the Agency that it has used all reasonable means to obtain and
				utilize offsets, as determined on an annual basis, for the emissions increases
				beyond allowable levels, that all available offsets are being used, and that
				sufficient offsets are not available to the source;
c) The source has obtained a written finding
				from the Department of Defense, Department of Transportation, National
				Aeronautics and Space Administration or other appropriate Federal agency, that
				the testing of rocket motors or engines at the facility is required for a
				program essential to the national security; and
d) The source will comply with an alternative
				measure, imposed by the Agency or Board, designed to offset any emission
				increases beyond permitted levels not directly offset by the source.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart A - GENERAL PROVISIONS › Section 204.100 - Incorporations by Reference

Current through Register Vol. 48, No. 28, July 12, 2024
The following materials are incorporated by reference. These
				  incorporations do not include any later amendments or editions.
a) 40 CFR Part 50 (2018)
b) 40 CFR Part 51 (2018)
c) 40 CFR Part 52 (2018)
d) 40 CFR Part 53 (2018)
e) 40 CFR Part 54 (2018)
f) 40 CFR Part 55 (2018)
g) 40 CFR Part 56 (2018)
h) 40 CFR Part 57 (2018)
i) 40 CFR Part 58 (2018)
j) 40 CFR Part 59 (2018)
k) 40 CFR Part 60 (2018)
l) 40 CFR Part 61 (2018)
m) 40 CFR Part 62 (2018)
n) 40 CFR Part 63 (2018)
o) 40 CFR Part 64 (2018)
p) 40 CFR Part 65 (2018)
q) 40 CFR Part 66 (2018)
r) 40 CFR Part 67 (2018)
s) 40 CFR Part 68 (2018)
t) 40 CFR Part 69 (2018)
u) 40 CFR Part 70 (2018)
v) 40 CFR Part 71 (2018)
w) 40 CFR Part 72 (2018)
x) 40 CFR Part 73 (2018)
y) 40 CFR Part 74 (2018)
z) 40 CFR Part 75 (2018)
aa) 40 CFR Part 76 (2018)
bb) 40 CFR Part 77 (2018)
cc) 40 CFR Part 78 (2018)
dd) 40 CFR Part 79 (2018)
ee) 40 CFR Part 80 (2018)
ff) 40 CFR Part 81 (2018)
gg) 40 CFR Part 82 (2018)
hh) (Reserved)
ii) (Reserved)
jj) 40 CFR Part 85 (2018)
kk) 40 CFR Part 86 (2018)
ll) 40 CFR Part 87 (2018)
mm) 40 CFR Part 88 (2018)
nn) 40 CFR Part 89 (2018)
oo) 40 CFR Part 90 (2018)
pp) 40 CFR Part 91 (2018)
qq) 40 CFR Part 92 (2018)
rr) 40 CFR Part 93 (2018)
ss) 40 CFR Part 94 (2018)
tt) 40 CFR Part 95 (2018)
uu) 40 CFR Part 96 (2018)
vv) 40 CFR Part 97 (2018), excluding 40 CFR
				Part 97, Subpart FFFFF (2018)
ww)
				40 CFR Part 98 (2018)
xx)
				(Reserved)
yy) Standard Industrial
				Classification Manual, 1972, as amended by 1977 Supplement (U.S. Government
				Printing Office stock numbers 4101-0066 and 003-005-00176-0,
				respectively)
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart A - GENERAL PROVISIONS › Section 204.110 - Abbreviations and Acronyms

Current through Register Vol. 48, No. 28, July 12, 2024
The following abbreviations, acronyms and terms are used in
				  this Part:
µg/m3 micrograms per cubic
				  meter
Act Illinois Environmental Protection Act
Agency Illinois Environmental Protection Agency
BACT Best Available Control Technology
Board Illinois Pollution Control Board
Btu British thermal units
CAA Clean Air Act
CAAPP Clean Air Act Permit Program
CEMS Continuous Emissions Monitoring System
CERMS Continuous Emissions Rate Monitoring System
CO2 carbon dioxide
CO2e carbon dioxide equivalent
CPMS Continuous Parameter Monitoring System
GHG Greenhouse Gas
H2S hydrogen sulfide
hr hour
LAER Lowest Achievable Emission Rate
lbs pounds
lb/hr pounds per hour
MW megawatts
NAAQS National Ambient Air Quality Standards
NAICS North American Industry Classification System
NO2 nitrogen dioxide
NOx nitrogen oxides
NSPS New Source Performance Standards
NSR New Source Review
O2 oxygen
PAL Plantwide Applicability Limitation
PEMS Predictive Emissions Monitoring System
PM Particulate Matter
PM2.5 Particulate Matter equal to or
				  less than 2.5 microns in diameter (Fine Particulate Matter)
PM10 Particulate Matter equal to or
				  less than 10 microns in diameter
ppm parts per million
PSD Prevention of Significant Deterioration
RACT Reasonably Available Control Technology
SIP State Implementation Plan
SO2 sulfur dioxide
tpy tons per year
TSP total suspended particulates
US United States
USEPA United States Environmental Protection Agency
VOC Volatile Organic Compound
VOM Volatile Organic Material
yr year
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart A - GENERAL PROVISIONS › Section 204.120 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
If any provision of this Part, or the application of that
				  provision to any person or circumstance, is held invalid, the remainder of this
				  Part, or the application of the provision to persons or circumstances other
				  than those as to which it is held invalid, shall not be affected by that
				  holding.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart B - DEFINITIONS › Section 204.200 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Unless otherwise specified in this Part, terms used in this
				  Part have the same meaning as the terms used in 35 Ill. Adm. Code
				  211.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart B - DEFINITIONS › Section 204.210 - Actual Emissions

Current through Register Vol. 48, No. 28, July 12, 2024
a) "Actual
				emissions" means the actual rate of emissions of a regulated NSR pollutant from
				an emissions unit, as determined in accordance with subsections (b) through
				(d), except that this definition shall not apply for calculating whether a
				significant emissions increase has occurred, or for establishing a PAL under
				Subpart K. Instead, Sections 204.240 and 204.600 shall apply for those
				purposes.
b) In general, actual
				emissions as of a particular date shall equal the average rate, in tons per
				year, at which the unit actually emitted the pollutant during a consecutive
				24-month period that precedes the particular date and that is representative of
				normal source operation. The Agency shall allow the use of a different time
				period upon a determination that it is more 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.
c) The Agency may presume that
				source-specific allowable emissions for the unit are equivalent to the actual
				emissions of the unit.
d) For any
				emissions unit that has not begun normal operations on the particular date,
				actual emissions shall equal the potential to emit of the unit on that
				date.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart B - DEFINITIONS › Section 204.220 - Adverse Impact on Visibility

Current through Register Vol. 48, No. 28, July 12, 2024
"Adverse impact on visibility" means visibility impairment
				  that interferes with the management, protection, preservation or enjoyment of
				  the visitor's visual experience of the Federal Class I area. This determination
				  must be made on a case-by-case basis taking into account the geographic extent,
				  intensity, duration, frequency and time of visibility impairment, and how these
				  factors correlate with:
a) Times of
				visitor use of the Federal Class I area; and
b) Frequency and timing of natural conditions
				that reduce visibility.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart B - DEFINITIONS › Section 204.230 - Allowable Emissions

Current through Register Vol. 48, No. 28, July 12, 2024
"Allowable emissions" means the emissions rate of a
				  stationary source calculated using the maximum rated capacity of the source
				  (unless the source is subject to federally enforceable limits that restrict the
				  operating rate, or hours of operation, or both) and the most stringent of the
				  following:
a) The applicable standards
				as set forth in 40 CFR 60, 61, 62 and 63 (incorporated by reference in Section
				204.100);
b) The applicable SIP emissions limitation,
				including those with a future compliance date; or
c) The emissions rate specified as a
				federally enforceable permit condition, including those with a future
				compliance date.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart B - DEFINITIONS › Section 204.240 - Baseline Actual Emissions

Current through Register Vol. 48, No. 28, July 12, 2024
"Baseline actual emissions" means the rate of emissions, in
				  tons per year, of a regulated NSR pollutant, as determined in accordance with
				  this Section.
a) For any existing
				electric utility steam generating unit, baseline actual emissions means the
				average rate, in tons per year, at which the unit actually emitted the
				pollutant during any consecutive 24-month period selected by the owner or
				operator within the 5-year period immediately preceding when the owner or
				operator begins actual construction of the project. The Agency shall allow the
				use of a different time period upon a determination that it is more
				representative of normal source operation.
1)
				The average rate shall include fugitive emissions to the extent quantifiable,
				and emissions associated with startups, shutdowns, and malfunctions.
2) The average rate shall be adjusted
				downward to exclude any non-compliant emissions that occurred while the source
				was operating above any emission limitation that was legally enforceable during
				the consecutive 24-month period.
3)
				For a regulated NSR pollutant, when a project involves multiple emissions
				units, only one consecutive 24-month period must be used to determine the
				baseline actual emissions for the emissions units being changed. A different
				consecutive 24-month period can be used for each regulated NSR
				pollutant.
4) The average rate
				shall not be based on any consecutive 24-month period for which there is
				inadequate information for determining annual emissions, in tons per year, and
				for adjusting this amount if required by subsection (a)(2).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart B - DEFINITIONS › Section 204.250 - Baseline Area

Current through Register Vol. 48, No. 28, July 12, 2024
a) "Baseline area"
				means any intrastate area (and every part thereof) designated as attainment or
				unclassifiable under section 107(d)(1)(A)(ii) or (iii) of the CAA
				(42 USC
				7407(d)(1)(A)(ii) or (iii))
				in which the major source or major modification establishing the minor source
				baseline date would construct or would have an air quality impact for the
				pollutant for which the baseline date is established, as follows: Equal to or
				greater than 1 µg/m3 (annual average) for
				SO2, NO2, or
				PM10; or equal to or greater than 0.3
				µg/m3 (annual average) for
				PM2.5.
b)
				Area redesignations under section 107(d)(1)(A)(ii) or (iii) of the CAA cannot
				intersect or be smaller than the area of impact of any major stationary source
				or major modification that:
1) Establishes a
				minor source baseline date; or
2)
				Is subject to this Part and would be constructed in the state proposing the
				redesignation.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart B - DEFINITIONS › Section 204.260 - Baseline Concentration

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				"Baseline concentration" means the ambient concentration level that exists in
				the baseline area at the time of the applicable minor source baseline date. A
				baseline concentration is determined for each pollutant for which a minor
				source baseline date is established and shall include:
1) The actual emissions, as defined in
				Section 204.210, representative of sources in existence on the applicable minor
				source baseline date, except as provided in subsection (b); and
2) The allowable emissions of major
				stationary sources that commenced construction before the major source baseline
				date, but were not in operation by the applicable minor source baseline
				date.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart B - DEFINITIONS › Section 204.270 - Begin Actual Construction

Current through Register Vol. 48, No. 28, July 12, 2024
"Begin actual construction" means, in general, initiation of
				  physical on-site construction activities on an emissions unit that are of a
				  permanent nature. Such activities include, but are not limited to, installation
				  of building supports and foundations, laying underground pipework, and
				  construction of permanent storage structures. With respect to a change in
				  method of operations, this term refers to those on-site activities other than
				  preparatory activities that mark the initiation of the
				  change.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart B - DEFINITIONS › Section 204.280 - Best Available Control Technology (BACT)

Current through Register Vol. 48, No. 28, July 12, 2024
"Best Available Control Technology" means an emissions
				  limitation (including a visible emission standard) based on the maximum degree
				  of reduction for each regulated NSR pollutant that would be emitted from any
				  proposed major stationary source or major modification that the Agency, on a
				  case-by-case basis, taking into account energy, environmental, and economic
				  impacts and other costs, determines is achievable for such source or
				  modification through application of production processes or available methods,
				  systems, and techniques, including fuel cleaning or treatment or innovative
				  fuel combustion techniques for control of such pollutant. In no event shall
				  application of BACT result in emissions of any pollutant that would exceed the
				  emissions allowed by any applicable standard under 40 CFR 60, 61, 62 and 63
				  (incorporated by reference in Section
				  204.100). If the Agency
				  determines that technological or economic limitations on the application of
				  measurement methodology to a particular emissions unit would make the
				  imposition of an emissions standard infeasible, a design, equipment, work
				  practice, operational standard, or combination thereof, may be prescribed
				  instead to satisfy the requirement for the application of BACT. Such standard
				  shall, to the degree possible, set forth the emissions reduction achievable by
				  implementation of such design, equipment, work practice or operation, and shall
				  provide for compliance by means that achieve equivalent
				  results.