reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 245 - ODORS › Section 245.121 - Objectionable Odor Nuisance Determination

Current through Register Vol. 48, No. 28, July 12, 2024
An objectionable odor nuisance exists:
a) On or adjacent to residential,
			 recreational, institutional, retail sales, hotel or educational premises when
			 odor is detectable in the ambient air after it is diluted with eight volumes of
			 odor-free air as measured by the Scentometer;
b) On or adjacent to industrial premises when
			 odor is detectable in the ambient air after it is diluted with twenty-four
			 volumes of odor-free air as measured by the Scentometer;
c) On or adjacent to premises other than
			 those above when odor is detectable in the ambient air after it is diluted with
			 sixteen volumes of odor-free air as measured by the Scentometer;
d) When concurrent determinations made by
			 three trained inspectors as outlined above in any given one hour period and at
			 intervals of not less than fifteen minutes result in two positive
			 determinations in each series of three determinations; and
e) Provided that any quantitative odor level
			 measurements taken to arrive at a determination that an objectionable odor
			 nuisance exists shall be at or beyond the property line or at or near places
			 where people live or work.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 249 - ETHYLENE OXIDE AMBIENT AIR MONITORING › Section 249.100 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Part is to set forth the manner in which
				the Agency must conduct ambient air monitoring of ethylene oxide in accordance
				with the requirements in Section 9.16 of the Environmental Protection Act
				[415
				ILCS 5/9.16].
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 249 - ETHYLENE OXIDE AMBIENT AIR MONITORING › Section 249.105 - Monitoring Locations

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency must monitor ethylene oxide levels in the ambient
				air in or around the following locations in Illinois under the requirements of
				Section 249.110:
a)
			 Northbrook;
b) Schiller
			 Park;
c) Nilwood;
d) Alton; and
e) Bondville.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 249 - ETHYLENE OXIDE AMBIENT AIR MONITORING › Section 249.110 - Ethylene Oxide Ambient Air Monitoring Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency must conduct ambient air
			 monitoring for ethylene oxide in or around each location specified in Section
			 249.105 for a period of six consecutive calendar months. During that time
			 frame, the Agency must collect a sample every 12 days. Each sample must be
			 collected over a period of approximately 24 hours.
b) The six-month monitoring period must
			 commence no later than one year after January 25, 2021.
c) The Agency must comply with all applicable
			 USEPA regulations and guidelines for ambient air monitoring.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 249 - ETHYLENE OXIDE AMBIENT AIR MONITORING › Section 249.115 - Monitoring Results

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency must make the ethylene oxide ambient air monitoring
				results publicly available on the Agency's website within 30 days of receipt of
				each set of quality assured data.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 251 - PROCEDURES FOR COLLECTION OF AIR POLLUTION SITE FEES › Subpart A - INTRODUCTION › Section 251.101 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Part is to establish a system for
				  determination and for collection of air pollution site fees, except as provided
				  in Section 39.5 of the Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 251 - PROCEDURES FOR COLLECTION OF AIR POLLUTION SITE FEES › Subpart A - INTRODUCTION › Section 251.103 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Act": the Environmental Protection Act [415 ILCS 5 ].
"Agency": The Environmental Protection Agency established by
				  the Act.
"Annual": Of the period of one year commencing on the
				  original billing date of a particular air pollution site fee.
"Annual Fee": The air pollution site fee prescribed by
				  Section 9.6 of the Act and collected by the Agency pursuant to this
				  Part.
"Greenhouse Gas" or "GHG" means the air pollutant defined in
				  40
				  CFR 86.1818-12(a) as the
				  aggregate group of 6 greenhouse gases: carbon dioxide, nitrous oxide, methane,
				  hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride.
"Permitted to Emit": The sum of allowable emissions of
				  regulated pollutants at a site from all emission sources which have received an
				  operating permit from the Agency's Bureau of Air.
"Regulated Air Pollutant": Any contaminant which is emitted
				  to the atmosphere and which is regulated under the Act or the regulations of
				  the Illinois Pollution Control Board and receives an air pollution operating
				  permit after January 1, 1986.
"Site": Any location, place, tract of land, and facilities,
				  including but not limited to, buildings and improvements used for purposes
				  subject to regulation or control by the Environmental Protection Act or
				  regulations thereunder.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 251 - PROCEDURES FOR COLLECTION OF AIR POLLUTION SITE FEES › Subpart B - PROCEDURES FOR BILLING AND COLLECTION OF AIR POLLUTION SITE FEES › Section 251.201 - Amount of Air Pollution Site Fee

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Except as provided in Section 39.5 of the Act, an annual air pollution site fee
				shall be paid by the owner or operator of an air pollution site, in accordance
				with the requirements of this Part, in the amounts set forth as follows:
1) For any site permitted to emit less than
				25 tons per year of any combination of regulated air pollutants except
				greenhouse gases, the annual site fee shall be $200, increasing, beginning
				January 1, 2012, to $235 per year for lifetime operating permits and $235 per
				year for federally enforceable State operating permits.
2) For any site permitted to emit at least 25
				tons per year but less than 100 tons per year of any combination of regulated
				air pollutants, except greenhouse gases, the annual site fee shall be $1,800
				and increases, beginning January 1, 2012, to $2,150 per year.
3) For any site permitted to emit at least
				100 tons per year but not more than 191 tons per year of any combination of
				regulated air pollutants, except greenhouse gases, the annual site fee shall be
				$18.00 per ton, increasing January 1, 2012 to $21.50 per ton.
4) For any site permitted to emit more than
				191 tons per year of any combination of regulated air pollutants, except
				greenhouse gases, the annual site fee shall be $3,500, increasing to $4,112
				beginning January 1, 2012.
5) The
				provisions of this Section shall not apply to a site permitted solely as a
				retail liquid dispensing facility that has air pollution control
				equipment.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 251 - PROCEDURES FOR COLLECTION OF AIR POLLUTION SITE FEES › Subpart B - PROCEDURES FOR BILLING AND COLLECTION OF AIR POLLUTION SITE FEES › Section 251.202 - Withdrawal of Permits

Current through Register Vol. 48, No. 28, July 12, 2024
The owner or operator of a site remains liable for the annual
				  site fee unless a request for withdrawal of all operating permits is made in
				  writing to the Agency's Division of Air Pollution Control, Permit Section,
				  prior to the date the site fee becomes due.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 251 - PROCEDURES FOR COLLECTION OF AIR POLLUTION SITE FEES › Subpart B - PROCEDURES FOR BILLING AND COLLECTION OF AIR POLLUTION SITE FEES › Section 251.203 - Agency Billing Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				amount of the air pollution site fee and the due date of payment shall be
				included on a billing statement sent to the owner or operator of a site by the
				Agency's Bureau of Air.
b) For each
				year subsequent to the year of issuance as described in subsection (a), the
				amount of the air pollution site fee and the due date of payment shall be
				included on a billing statement addressed to the owner or operator of a site
				and mailed by the Agency at least 30 days prior to the due date of
				payment.
c) In the event of an
				increased assessment in fees, the Agency shall notify the owner or operator of
				a site of such increase with the annual billing.
d) If the owner or operator of a site has
				elected to use the advance payment method described in Section
				251.208(a)(2),
				the annual billing statement shall include notification of increased assessment
				in fees, the status of the fee account, and a statement of any additional fees
				due to the Agency from the owner or operator of the site.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 251 - PROCEDURES FOR COLLECTION OF AIR POLLUTION SITE FEES › Subpart B - PROCEDURES FOR BILLING AND COLLECTION OF AIR POLLUTION SITE FEES › Section 251.208 - Time and Method of Payment

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The owner or operator of a site shall make payment to the Agency by either of
				the following methods:
1) Payment shall be
				made annually in the amount described in Section
				251.201;
				or
2) Payment may be made in
				advance in the amount described in Section
				251.201
				multiplied by the number of years for which the operating permit has been
				issued to the owner or operator of a site by the Agency's Bureau of Air or
				multiplied by the number of years remaining on the longest-term valid operating
				permit issued to the owner or operator of a site.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 251 - PROCEDURES FOR COLLECTION OF AIR POLLUTION SITE FEES › Subpart B - PROCEDURES FOR BILLING AND COLLECTION OF AIR POLLUTION SITE FEES › Section 251.210 - Form of Payment

Current through Register Vol. 48, No. 28, July 12, 2024
a) Payment shall
				be made through the Illinois E-Pay system or by a check or money order payable
				to either the "Treasurer, State of Illinois" or the "Illinois Environmental
				Protection Agency". The check or money order shall be accompanied by the
				billing statement that includes the site name and identification number
				assigned by the Agency's Division of Air Pollution Control.
b) If paying by check or money order, payment
				shall be mailed to:
Illinois Environmental Protection Agency
Fiscal Services Section
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
c) Payment shall not include any fees due to
				the Agency for any purpose other than the air pollution site fee.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 251 - PROCEDURES FOR COLLECTION OF AIR POLLUTION SITE FEES › Subpart B - PROCEDURES FOR BILLING AND COLLECTION OF AIR POLLUTION SITE FEES › Section 251.215 - Prohibition Against Refund

Current through Register Vol. 48, No. 28, July 12, 2024
Any air pollution site fee remitted to the Agency in a
				  correct amount shall not be refunded at any time or for any reason, either in
				  part or in full. Overpayments will be credited pursuant to Section
				  251.208.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 251 - PROCEDURES FOR COLLECTION OF AIR POLLUTION SITE FEES › Subpart C - RESOLUTION OF DISPUTES › Section 251.301 - Request for Reconsideration

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				owner or operator of a site shall request reconsideration of the amount of the
				air pollution site fee as determined by the Agency pursuant to Section
				251.201(a)(1) and
				(2) within 30 days after issuance of a
				billing statement. Failure to request reconsideration within this period shall
				constitute waiver of all rights to seek reconsideration of the amount from the
				Agency and will result in waiver of right to appeal pursuant to Section
				251.310.
b) All requests for reconsideration shall be
				in writing and shall include all pertinent facts and arguments in support of
				the request. Such requests shall be addressed to:
Illinois Environmental Protection Agency
Bureau of Air, Permit Section
Attention: Records Unit
P. O. Box 19276
Springfield, Illinois 62794-9276
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 251 - PROCEDURES FOR COLLECTION OF AIR POLLUTION SITE FEES › Subpart C - RESOLUTION OF DISPUTES › Section 251.305 - Effect of Request for Reconsideration

Current through Register Vol. 48, No. 28, July 12, 2024
The submission of a request for reconsideration to the Agency
				  shall automatically stay the due date of payment to a date 30 days subsequent
				  to final Agency action on the request for reconsideration.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 251 - PROCEDURES FOR COLLECTION OF AIR POLLUTION SITE FEES › Subpart C - RESOLUTION OF DISPUTES › Section 251.308 - Agency Response

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency shall respond in writing to any request for
				  reconsideration pursuant to Section
				  251.305
				  within 30 days of receipt of the request. Such written response shall
				  constitute final Agency action. Failure by the Agency to respond within 30 days
				  of receipt of the request shall be considered a denial of the request and shall
				  also constitute final Agency action.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 251 - PROCEDURES FOR COLLECTION OF AIR POLLUTION SITE FEES › Subpart C - RESOLUTION OF DISPUTES › Section 251.310 - Appeal of Final Agency Action

Current through Register Vol. 48, No. 28, July 12, 2024
The owner or operator of a site may appeal the Agency's
				  determination of the air pollution site fee pursuant to the Administrative
				  Review Law [735 ILCS 5 /Art. III].
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 252 - PUBLIC ICIPATION IN THE AIR POLLUTION CONTROL PERMIT PROGRAM › Subpart A - INTRODUCTION › Section 252.101 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
This Part is adopted to:
a) Specify public participation procedures
				that shall accompany the processing of certain air pollution permit
				applications by the Illinois Environmental Protection Agency; and
b) Provide the public with an opportunity to
				comment on certain proposed air pollution permits that may be of public
				interest.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 252 - PUBLIC ICIPATION IN THE AIR POLLUTION CONTROL PERMIT PROGRAM › Subpart A - INTRODUCTION › Section 252.102 - Abbreviations and Acronyms

Current through Register Vol. 48, No. 28, July 12, 2024
ACS Alternative Control Strategies
Act Illinois Environmental Protection Act [415 ILCS 5]
Agency Illinois Environmental Protection Agency
Board Illinois Pollution Control Board
CAA Clean Air Act (42 USC
				  7401 et seq.)
CAAPP Clean Air Act Permit Program
HAPs Hazardous Air Pollutants
MACT Maximum Achievable Control Technology
MSSCAM Major Stationary Sources Construction and
				  Modification
NSR New Source Review
NANSR Nonattainment Area New Source Review
PSD Prevention of Significant Deterioration of Air
				  Quality
USEPA United States Environmental Protection
				  Agency
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 252 - PUBLIC ICIPATION IN THE AIR POLLUTION CONTROL PERMIT PROGRAM › Subpart A - INTRODUCTION › Section 252.103 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
a) NANSR means
				rules for MSSCAM at 35 Ill. Adm. Code 203.
b) Other terms in this Part have the same
				meaning as ascribed in Sections 3 and 39.5(1) of the Act and the Board's rules
				on Air Pollution (35 Ill. Adm. Code: Subtitle B, Chapter I), as appropriate to
				the subject matter of the provisions.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 252 - PUBLIC ICIPATION IN THE AIR POLLUTION CONTROL PERMIT PROGRAM › Subpart A - INTRODUCTION › Section 252.104 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Part
				applies to all applications filed with the Agency for:
1) Permits for the construction of a new
				major stationary source or a major modification of a major stationary source
				pursuant to the NANSR rules (35 Ill. Adm. Code 203);
2) Permits for the construction of a new
				major stationary source or a major modification of a major stationary source
				pursuant to the PSD rules (35 Ill. Adm. Code 204);
3) Permits for the construction of a source
				or a modification of a source that would constitute a new major stationary
				source or a major modification of a major stationary source, subject to public
				participation pursuant to subsections (a)(1) or (2), if they were not
				accompanied by contemporaneous emissions decreases or if federally enforceable
				significant restrictions were not placed on the source or modification by the
				permit;
4) Permits for the use of
				ACS pursuant to 35 Ill. Adm. Code 202;
5) Permits to operate sources pursuant to
				CAAPP, Section 39.5 of the Act, and significant modifications of any permit
				issued thereunder;
6) Permits to
				operate sources that contain federally enforceable conditions, including
				permits that exclude sources from the applicability of the permitting
				requirements described in subsection (a)(1), (a)(2) or (a)(5);
7) Permits for the construction or
				reconstruction of major sources of HAPs that require a determination of
				case-by-case MACT, pursuant to Sections 9.1(d) and 39(f) of the Act and CAA
				section 112(g) (
				42 USC
				7412(g));
8) Permits for the construction of a source
				of public interest or emission units of public interest at a source, the
				criteria for which are outlined in subsection (b);
9) Revisions to permits described in
				subsections (a)(1), (a)(2), (a)(3), (a)(4), (a)(5), (a)(6) and (a)(7) as
				specified by applicable regulations. This Part shall apply to all revisions
				that: revise any standard established on a case-by-case basis; alter conditions
				imposed to meet requirements for emissions offsets; or relax testing,
				monitoring, recordkeeping or reporting requirements.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 252 - PUBLIC ICIPATION IN THE AIR POLLUTION CONTROL PERMIT PROGRAM › Subpart A - INTRODUCTION › Section 252.105 - Application for a PSD Permit

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The procedures of this Part shall also apply if the Agency proposes to deny an
				application for a PSD permit.
b)
				For a proposed denial of an application for a PSD permit, the following shall
				apply:
1) When the procedures of this Part
				refer to a draft permit, they shall apply to a draft permit denial letter;
				and
2) When the procedures of this
				Part refer to a notice of intent to issue, they shall apply to a notice of
				intent to deny.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 252 - PUBLIC ICIPATION IN THE AIR POLLUTION CONTROL PERMIT PROGRAM › Subpart A - INTRODUCTION › Section 252.106 - Consolidation

Current through Register Vol. 48, No. 28, July 12, 2024
a) For a combined
				PSD and NANSR permit, the Agency shall consolidate the public participation
				activities.
b) For other permits
				subject to this Part, the Agency may consolidate the public participation
				activities for two or more permits when the operations to be permitted are
				similar, related, or in close geographical proximity, when
				practicable.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 252 - PUBLIC ICIPATION IN THE AIR POLLUTION CONTROL PERMIT PROGRAM › Subpart B - PROCEDURES FOR PUBLIC REVIEW › Section 252.201 - Notice and Opportunity to Comment

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency shall issue a notice for the
				planned issuance of any permit described in Section
				252.104, renewal of
				any operating permit described in Section 252.104, and permit actions described
				in Section
				252.105.
b) The notice shall be given to:
1) The public, by prominent placement at a
				dedicated page on the Agency's website. The notice shall remain on the Agency's
				website for the duration of the public comment period. If the Agency's website
				is unavailable for a prolonged period of time, the comment period will be
				extended for an equivalent amount of time. Notice shall also be by
				advertisement in a newspaper of general circulation in the area where the
				source is located if either:
A) The Director
				of the Agency or his/her designee determines, for a particular permit, that
				additional notice would serve the interests of the public or of the Agency. In
				making this determination, the Agency shall consider public interest;
				or
B) Pursuant to the Act or other
				applicable law, notice is required to be published in a newspaper for the type
				of permit at issue;
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 252 - PUBLIC ICIPATION IN THE AIR POLLUTION CONTROL PERMIT PROGRAM › Subpart B - PROCEDURES FOR PUBLIC REVIEW › Section 252.203 - Project Summary, Statement of Basis, or Fact Sheet

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency shall prepare a project summary
				or statement of basis to accompany the draft permit for a new major stationary
				source, major modification of a major stationary source, issuance or renewal of
				a CAAPP permit, or a significant modification of a CAAPP permit. The project
				summary or statement of basis shall describe the basis of the Agency's decision
				to grant the permit. For purposes of PSD permits, this description shall also
				include an explanation of the source's effect on ambient air quality.
b) The Agency shall prepare a fact sheet for
				every draft permit for which a project summary or statement of basis is not
				prepared.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 252 - PUBLIC ICIPATION IN THE AIR POLLUTION CONTROL PERMIT PROGRAM › Subpart B - PROCEDURES FOR PUBLIC REVIEW › Section 252.204 - Availability of Documents

Current through Register Vol. 48, No. 28, July 12, 2024
a) Copies
				of the following documents shall be made available for public inspection during
				the public comment period:
1) The public
				notice;
2) The project summary,
				statement of basis, or fact sheet;
3) The draft permit;
4) The permit application, including any
				compliance plans; and
5) For
				purposes of a draft PSD permit, this shall also include any additional
				supporting data furnished by the applicant and other information the Agency
				relied upon in making its proposed decision.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 252 - PUBLIC ICIPATION IN THE AIR POLLUTION CONTROL PERMIT PROGRAM › Subpart B - PROCEDURES FOR PUBLIC REVIEW › Section 252.205 - Opportunity for Public Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				A public hearing shall be held on any action subject to this Part when
				applicable law or rule provides the applicant opportunity for a hearing and the
				applicant makes a written request for a hearing.
b) The Director of the Agency or his/her
				designee shall order that a hearing be held on a permit application subject to
				this Part when the Agency has determined that a hearing would serve the
				interests of the public or of the Agency. In making this determination, the
				Agency shall consider:
1) The level of public
				interest as indicated by the inquiries and comments received by the Agency on
				the draft permit;
2) The
				opportunity to increase public understanding of the project and of the Agency's
				proposed decision by means of public hearing;
3) Receipt by the Agency of a written request
				for a hearing citing material issues with respect to the terms and conditions
				of the draft permit from:
A) A significant
				number of persons, to be determined by the Director of the Agency, either
				individually or in a petition;
B) A
				member of the General Assembly representing the district in which the source is
				located; or
C) A chief executive
				officer from a county or municipality in which the source is located as
				described in Section
				252.201(b)(3).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 252 - PUBLIC ICIPATION IN THE AIR POLLUTION CONTROL PERMIT PROGRAM › Subpart B - PROCEDURES FOR PUBLIC REVIEW › Section 252.206 - Procedures for Public Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Except as provided in subsection (b), hearings shall be conducted in accordance
				with the Agency's "Procedures for Permit and Closure Plan Hearings" (35 Ill.
				Adm. Code 166: Subpart A (Informational Permit and Closure Plan
				Hearings)).
b) Hearings requested
				by the ACS permit applicant pursuant to Section 39.1(d) of the Act shall be
				conducted in accordance with the Agency's "Procedures for Permit and Closure
				Plan Hearings" (35 Ill. Adm. Code 166: Subpart B (Contested Case Permit
				Hearings)).
c) Notwithstanding
				subsection (b), persons requesting hearings subject to 35 Ill. Adm. Code 166:
				Subpart B may waive their rights to the procedures of the Contested Case Permit
				Hearings by notifying the hearing officer to that effect. When persons waive
				their rights to Contested Case Permit Hearings, those hearings shall be held in
				accordance with 35 Ill. Adm. Code 166: Subpart A.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 252 - PUBLIC ICIPATION IN THE AIR POLLUTION CONTROL PERMIT PROGRAM › Subpart B - PROCEDURES FOR PUBLIC REVIEW › Section 252.207 - Obligation to Raise Issues and Provide Information During the Public Comment Period for PSD Permits

Current through Register Vol. 48, No. 28, July 12, 2024
All persons, including applicants, who believe any condition
				  of a draft PSD permit is inappropriate or that the Agency's tentative decision
				  to prepare a draft PSD permit is inappropriate shall raise all reasonably
				  ascertainable issues and submit all reasonably available arguments supporting
				  their position by the close of the public comment period. Any supporting
				  materials submitted shall be submitted in full and may not be incorporated by
				  reference, unless they are already:
a)
				Part of the administrative record in the same proceeding; or
b) Consist of State or federal statutes and
				regulations, USEPA documents of general applicability, or other generally
				available reference materials.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 252 - PUBLIC ICIPATION IN THE AIR POLLUTION CONTROL PERMIT PROGRAM › Subpart B - PROCEDURES FOR PUBLIC REVIEW › Section 252.208 - Reopening of the Public Comment Period for PSD Permits

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency may order the public comment
				period for PSD permits reopened. The public notice of any comment period under
				this Section shall be issued under Section
				252.201
				and shall define the scope of the reopening, including an identification of
				those issues to which the requirements of this Section apply.
b) Comments filed during the reopened comment
				period shall be limited to the issues that are the subject of the reopened
				public comment period as set forth in the notice that caused its reopening
				under subsection (a). When the public comment period is reopened under this
				Section, all persons, including the applicant, who believe any relevant
				condition of a draft permit is inappropriate or that the Agency's decision to
				prepare a draft permit is inappropriate shall submit all reasonably available
				factual grounds supporting their position, including all supporting material,
				by the close of the public comment period.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 252 - PUBLIC ICIPATION IN THE AIR POLLUTION CONTROL PERMIT PROGRAM › Subpart B - PROCEDURES FOR PUBLIC REVIEW › Section 252.209 - Issuance of a Final PSD Permit Decision

Current through Register Vol. 48, No. 28, July 12, 2024
After the close of the public comment period on a draft PSD
				  permit under Section
				  252.201
				  or 252.208, the Agency shall provide notice of the final PSD permit decision to
				  the applicant and each person who has submitted written comments or requested
				  notice of the final permit decision. This notice shall include reference to the
				  procedures for appealing a decision on the final PSD permit under Section 40.3
				  of the Act and 35 Ill. Adm. Code 105. For purposes of this Section, a final
				  permit decision means a final decision to issue, deny or modify a PSD
				  permit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 252 - PUBLIC ICIPATION IN THE AIR POLLUTION CONTROL PERMIT PROGRAM › Subpart B - PROCEDURES FOR PUBLIC REVIEW › Section 252.210 - Response to Comments for a Final PSD Permit Decision

Current through Register Vol. 48, No. 28, July 12, 2024
a) By the date that any final PSD permit
				decision is issued, the Agency shall consider all written comments submitted by
				the close of the public comment period and all comments formally made at any
				public hearing. The Agency shall issue a response to comments that shall
				briefly describe and respond to all significant comments on the draft permit
				raised during the public comment period, or during any hearing. The Agency may
				group related comments together and provide one unified response for each issue
				raised; and
b) Any documents,
				excluding statutory or regulatory references, cited in the response to comments
				shall be included in the administrative record for the final permit decision.
				If new points are raised or new material supplied during the public comment
				period, the Agency may, in addition to formally providing a written response to
				comments, document its response to those matters by adding new materials to the
				administrative record.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 252 - PUBLIC ICIPATION IN THE AIR POLLUTION CONTROL PERMIT PROGRAM › Subpart B - PROCEDURES FOR PUBLIC REVIEW › Section 252.211 - Administrative Record for a Final PSD Permit Decision

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency shall base final PSD permit
				decisions on the administrative record as defined in subsection (b).
b) In addition to the final permit decision,
				the administrative record for any final permit decision shall consist of:
1) The application and any supporting data
				furnished by the applicant;
2) The
				draft permit or notice of intent to deny the application;
3) The project summary, statement of basis,
				or fact sheet;
4) All documents
				cited in the project summary, statement of basis, or fact sheet;
5) All comments received during the public
				comment period under Section
				252.201
				(including any reopening under Section 252.208 );
6) The transcript of any hearing held under
				Section
				252.205;
7) Any written materials submitted to the
				Hearing Officer at the hearing;
8)
				The response to comments required by Section 252.210 and any new material
				placed in the record under that Section; and
9) Any other information contained in the
				supporting file for the final permit decision and any other information the
				Agency relied upon in making its final decision.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 252 - PUBLIC ICIPATION IN THE AIR POLLUTION CONTROL PERMIT PROGRAM › Subpart C - USEPA REVIEW AND OBJECTION PROCEDURES › Section 252.301 - USEPA Review of and Objection to Proposed CAAPP Permits

Current through Register Vol. 48, No. 28, July 12, 2024
a) For draft CAAPP permits, following the
				public notice and comment period provided for by Section
				252.201,
				the Agency shall consider all comments received and shall determine the
				contents of a proposed CAAPP permit. The proposed CAAPP permit shall be
				provided to USEPA for review and comment for a period of 45 days unless USEPA
				waives review.
b) If USEPA objects
				to the contents of a proposed CAAPP permit in writing and with a justification
				for its objections as provided in CAA Title V and regulations promulgated
				thereunder, the Agency shall respond to USEPA's objection. The Agency shall
				provide the applicant and any person who participated in the public comment
				process under this Part 10 days to submit written comments to the Agency
				contact person described at Section
				252.201(c)(10)
				regarding any revisions the Agency is proposing to make in response to USEPA's
				objections. The Agency may then revise and resubmit the proposed CAAPP permit,
				without any further public participation, within 90 days after the date of the
				objection.
c) If USEPA does not
				object to the contents of a proposed CAAPP permit in writing and with a
				justification for its objections in accordance with procedures established
				under CAA Title V, the Agency shall issue the proposed permit as the CAAPP
				permit without further change.
d)
				If USEPA does not object in writing to issuance of a proposed CAAPP permit, any
				person may petition USEPA, within 60 days after expiration of the 45-day review
				period, to make an objection in accordance with applicable procedures
				established under CAA Title V.
e)
				If the CAAPP permit has not yet been issued and USEPA objects to the proposed
				permit as a result of a petition, the Agency shall not issue the permit until
				USEPA's objection has been resolved. The Agency shall provide for a 10-day
				comment period as set forth in subsection (b). A petition does not, however,
				stay the effectiveness of a permit or its requirements if the permit was issued
				after expiration of the 45-day review period and prior to a USEPA
				objection.
f) If the Agency has
				issued a CAAPP permit after expiration of the 45-day review period and prior to
				receipt of a USEPA objection, the Agency may, after receiving an objection from
				USEPA, revise and resubmit the permit to USEPA after providing for a 10-day
				comment period as set forth in subsection (b). If the Agency fails to submit a
				revised permit in response to the objection, USEPA shall modify, terminate or
				revoke the permit, pursuant to the CAA.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 252 - PUBLIC ICIPATION IN THE AIR POLLUTION CONTROL PERMIT PROGRAM › Subpart D - AGENCY ACTION › Section 252.401 - Final Permit Action

Current through Register Vol. 48, No. 28, July 12, 2024
After the close of the comment period including the period
				  for USEPA's review of a proposed permit, the Agency shall take final permit
				  action. The Agency shall notify the applicant and each person who has submitted
				  written comments or requested notice of the final permit
				  decision.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 254 - ANNUAL EMISSIONS REPORT › Subpart A - GENERAL PROVISIONS › Section 254.101 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
This Part establishes uniform procedures for the reporting of
				  air pollution emissions data from sources of regulated air pollutants and the
				  reporting of seasonal emissions from sources participating in the Emissions
				  Reduction Market System (ERMS). These reports will be used to update the
				  Agency's emissions inventory, to enable the State to comply with the inventory
				  and reporting requirements of Section 182(a) of the Clean Air Act (
				  42 USC
				  7401 et seq.), and to fulfill the
				  requirements for the ERMS seasonal allotment period reporting required by 35
				  Ill. Adm. Code
				  205.300
				  and
				  205.760.
				  The procedures presented in this Part implement the provisions of 35 Ill. Adm.
				  Code
				  201.302(a),
				  201.302(b),
				  205.300
				  and 205.760.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 254 - ANNUAL EMISSIONS REPORT › Subpart A - GENERAL PROVISIONS › Section 254.102 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) Subpart B of
				this Part applies to:
1) Owners or operators
				of any source required to have an operating permit in accordance with 35 Ill.
				Adm. Code 201 that is permitted to emit 25 tons per year or more of any
				combination of regulated air pollutants, excluding greenhouse gases;
2) Owners or operators of any source required
				to have an operating permit in accordance with Section 39.5 of the
				Environmental Protection Act [415 ILCS
				5/39.5 ]; and
3) Owners or operators of sources in ozone
				nonattainment areas that have a potential to emit 25 tons per year or more of
				either VOM or NOx from all emission units.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 254 - ANNUAL EMISSIONS REPORT › Subpart A - GENERAL PROVISIONS › Section 254.103 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Except as otherwise defined in this Part, definitions of
				  terms used in this Part shall be those used in the Environmental Protection Act
				  [415 ILCS 5 ] and in 35 Ill. Adm. Code: Subtitle B.
"Actual emissions" means the rate of emission of a regulated
				  air pollutant from a source or an emission unit for the calendar year, seasonal
				  period, day or other period of time, as specified, based on the best
				  information available to the owner or operator of that emission unit. Actual
				  emission rates include startup, shutdown or malfunction emissions. The
				  calculation of actual emissions must follow an "emission determination method".
				  Where, for any reason, a source has measured any of its emissions, the source
				  must report the measured total as its "actual emissions" for those pollutants
				  rather than using an estimation method to derive the total for that period of
				  time during which the measurements were taken.
"Annual Emissions Report" means the information and
				  certifications required by Subparts B and C of this Part, as applicable under
				  Section
				  254.102(a) or (b)
				   of this Subpart, and any additional
				  requirements for submission with the Annual Emissions Report specifically
				  imposed by the source's permit.
"Annual process rate" means the actual or estimated annual
				  fuel operating rate, process operating rate, or waste operating rate.
"Certifying individual" means the individual responsible for
				  the certification of the accuracy of the Annual Emissions Report and who will
				  take legal responsibility for the information verified or reported in the
				  Annual Emissions Report.
"Emission determination method" means the method generally
				  accepted and used by those persons engaged in the field of air pollution
				  control to derive actual emissions, whether measured or estimated. A permit
				  condition may specify the emission determination method to be used.
"Peak ozone season" means the months of June, July and
				  August.
"Seasonal Emissions Report" means the seasonal report
				  required under ERMS at 35 Ill. Adm. Code
				  205.300
				  and the information and certifications required by Subpart E of this Part, as
				  applicable under Section
				  254.102(c)
				  of this Subpart.
"Source Inventory Report" means the report that the Agency
				  provides to a source that lists data fields for the information required in the
				  Annual Emissions Report, and contains the information, if any, that previously
				  has been reported to the Agency by the source for those data fields.
"Typical peak ozone season day" means any day representative
				  of source operations during the peak ozone season.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 254 - ANNUAL EMISSIONS REPORT › Subpart A - GENERAL PROVISIONS › Section 254.120 - Applicable Pollutants for Annual Emissions Reporting

Current through Register Vol. 48, No. 28, July 12, 2024
Each Annual Emissions Report shall include applicable
				  information for all regulated air pollutants, as defined in Section 39.5 of the
				  Act [415 ILCS
				  5/39.5 ], except for the following pollutants:
a) A pollutant emitted from an emission unit
				that is considered an insignificant activity under the source's Clean Air Act
				Permit Program (CAAPP) permit or, if the initial CAAPP permit for the source
				has not been issued, proposed as an insignificant activity in the source's
				CAAPP application, or is exempt from permitting requirements under 35 Ill. Adm.
				Code
				201.146;
				or
b) A hazardous air pollutant
				emitted by an emission unit that is not subject to a National Emissions
				Standard for Hazardous Air Pollutants (NESHAP) or maximum achievable control
				technology (MACT). For purposes of this subsection (b), emission units that are
				not required to control or limit emissions but are required to monitor, keep
				records, or undertake other specific activities are considered subject to such
				regulation or requirement.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 254 - ANNUAL EMISSIONS REPORT › Subpart A - GENERAL PROVISIONS › Section 254.132 - Failure to File a Complete Report

Current through Register Vol. 48, No. 28, July 12, 2024
a) Failure to file a complete Annual
				Emissions Report by the applicable deadlines prescribed in Section
				254.137(a)
				of this Subpart shall be a violation of this Part and 35 Ill. Adm. Code
				201.302(a).
b) Failure to file a complete Seasonal
				Emissions Report by the applicable deadlines prescribed in Section
				254.137(b)
				of this Subpart shall be a violation of this Part and 35 Ill. Adm. Code
				205.300.
c) Failure to receive the Source Inventory
				Report from the Agency does not relieve an owner or operator from the
				obligation to file a complete Annual Emissions Report. Any owner or operator
				who does not receive the Source Inventory Report at least 90 days before the
				applicable reporting deadline may contact the Agency to request the Source
				Inventory Report.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 254 - ANNUAL EMISSIONS REPORT › Subpart A - GENERAL PROVISIONS › Section 254.133 - Voluntary Submittal of Data

Current through Register Vol. 48, No. 28, July 12, 2024
In addition to any information required to be submitted in
				  the Annual Emissions Report, the owner or operator may submit any data on a
				  voluntary basis. The Agency may not require the source to perform any
				  monitoring which is not otherwise required by applicable rule or a permit
				  condition.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 254 - ANNUAL EMISSIONS REPORT › Subpart A - GENERAL PROVISIONS › Section 254.134 - Retention of Records

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency may require information from the owner or operator
				  to substantiate the contents of the Annual Emissions Report or the Seasonal
				  Emissions Report filed. All records and calculations upon which the verified
				  and reported data are based must be retained by the source for a minimum of 3
				  years following the filing of a complete report, unless a longer period is
				  specified in the source's permit. A request for such information may be made up
				  to 3 years following the filing of a complete report, unless a longer period
				  for record retention is specified in the source's permit. The source shall
				  provide the requested information in a format acceptable to the Agency within
				  30 days after the receipt of the request. Nothing in this Section shall be
				  interpreted to impose any additional monitoring that is not otherwise required
				  by applicable rules or permit conditions.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 254 - ANNUAL EMISSIONS REPORT › Subpart A - GENERAL PROVISIONS › Section 254.135 - Reporting of Errors

Current through Register Vol. 48, No. 28, July 12, 2024
If, after submitting any Annual Emissions Report required by
				  this Part, the owner or operator discovers an error in the data reported, the
				  owner or operator shall notify the Agency of the error in writing and shall
				  provide the Agency with the correct data. The notification and correction shall
				  be conveyed to the Agency within 30 days after the owner's or operator's
				  discovery of the error. The corrected data shall be certified in accordance
				  with Section
				  254.203(c)
				  or
				  254.303(c)
				  of this Part, as applicable.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 254 - ANNUAL EMISSIONS REPORT › Subpart A - GENERAL PROVISIONS › Section 254.136 - Confidentiality and Trade Secret Protection

Current through Register Vol. 48, No. 28, July 12, 2024
Information reported in any Annual Emissions Report or
				  Seasonal Emissions Report and claimed to be confidential or a trade secret
				  shall be subject to the procedures for submitting, identifying and protecting
				  such information that are set forth in 415 ILCS 5/7 and 35 Ill. Adm. Code
				  130.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 254 - ANNUAL EMISSIONS REPORT › Subpart A - GENERAL PROVISIONS › Section 254.137 - Reporting Schedule

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
				Annual Emissions Reports are due by May 1 of the year following the calendar
				year in which the emissions took place.
b) Seasonal Emissions Reports must be
				submitted for the preceding seasonal allotment period in accordance with the
				following schedule:
1) For each participating
				source or new participating source that generates VOM emissions from less than
				10 emission units, by October 31 of each year; or
2) For each participating source or new
				participating source that generates VOM emissions from 10 or more emission
				units, by November 30 of each year.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 254 - ANNUAL EMISSIONS REPORT › Subpart A - GENERAL PROVISIONS › Section 254.138 - Issuance of Source Inventory Report

Current through Register Vol. 48, No. 28, July 12, 2024
At least 90 days prior to a source's deadline for filing an
				  Annual Emissions Report, the Agency shall provide to such source the applicable
				  Source Inventory Report. The Source Inventory Report shall contain all data
				  fields for the information required under Section
				  254.203
				  or
				  254.303
				  of this Part, as applicable. Where the information requested in the data fields
				  has previously been provided to the Agency, the Agency shall provide this data
				  on the Source Inventory Report for verification or modification by the owner or
				  operator. Where the required information has not been previously provided by
				  the owner or operator and is applicable to the activities, equipment or
				  emissions of the source, it must be provided by the owner or operator. The
				  information on emissions shall be based on the best information available to
				  the owner or operator of that source or emission unit.