reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart F - REQUIREMENTS FOR MAJOR STATIONARY SOURCES AND MAJOR MODIFICATIONS IN ATTAINMENT AND UNCLASSIFIABLE AREAS › Section 204.1120 - Air Quality Models

Current through Register Vol. 48, No. 28, July 12, 2024
a) All estimates
				of ambient concentrations required under this Section shall be based on
				applicable air quality models, databases, and other requirements specified in
				40 CFR 51, appendix W (Guideline on Air Quality Models) (incorporated by
				reference in 35 Ill. Adm. Code
				204.100).
b) When an air quality model specified in 40
				CFR 51, appendix W (Guideline on Air Quality Models) (incorporated by reference
				in Section 204.100) is inappropriate, the model may be modified or another
				model substituted. Such a modification or substitution of a model may be made
				on a case-by-case basis or, where appropriate, on a generic basis for a
				specific State program. Written approval of USEPA must be obtained for any
				modification or substitution. In addition, use of a modified or substituted
				model must be subject to notice and opportunity for public comment under
				procedures set forth in 35 Ill. Adm. Code 252.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart F - REQUIREMENTS FOR MAJOR STATIONARY SOURCES AND MAJOR MODIFICATIONS IN ATTAINMENT AND UNCLASSIFIABLE AREAS › Section 204.1130 - Air Quality Analysis

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Preapplication Analysis
1) Any application
				for a permit under this Part shall contain an analysis of ambient air quality
				in the area that the major stationary source or major modification would affect
				for each of the following pollutants:
A) For
				the source, each pollutant that it would have the potential to emit in a
				significant amount;
B) For the
				modification, each pollutant for which it would result in a significant net
				emissions increase.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart F - REQUIREMENTS FOR MAJOR STATIONARY SOURCES AND MAJOR MODIFICATIONS IN ATTAINMENT AND UNCLASSIFIABLE AREAS › Section 204.1140 - Additional Impact Analyses

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				owner or operator shall provide an analysis of the impairment to visibility,
				soils and vegetation that would occur as a result of the source or modification
				and general commercial, residential, industrial and other growth associated
				with the source or modification. The owner or operator need not provide an
				analysis of the impact on vegetation having no significant commercial or
				recreational value.
b) Such owner
				or operator shall provide an analysis of the air quality impact projected for
				the area as a result of general commercial, residential, industrial and other
				growth associated with the source or modification.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart H - GENERAL OBLIGATIONS OF THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY › Section 204.1300 - Notification of Application Completeness to Applicants

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency shall notify the applicant within 30 days after
				  receipt as to the completeness of an application for a permit under this Part
				  or any deficiency in the application or information submitted in such an
				  application. In the event of such a deficiency, the date of receipt of the
				  application shall be the date on which the Agency receives all required
				  information.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart H - GENERAL OBLIGATIONS OF THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY › Section 204.1310 - Transmittal of Application to USEPA

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency shall transmit to USEPA a copy of each permit
				  application submitted under this Part relating to a major stationary source or
				  a major modification.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart H - GENERAL OBLIGATIONS OF THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY › Section 204.1320 - Public Participation

Current through Register Vol. 48, No. 28, July 12, 2024
Prior to the initial issuance or a modification of a permit
				  issued under this Part, the Agency shall provide, at a minimum, notice of the
				  proposed issuance or modification of a permit, a comment period, and
				  opportunity for public hearing under the Agency's public participation
				  procedures (35 Ill. Adm. Code 252).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart H - GENERAL OBLIGATIONS OF THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY › Section 204.1330 - Issuance Within One Year of Submittal of Complete Application

Current through Register Vol. 48, No. 28, July 12, 2024
Within one year after receipt of a complete application, a
				  permit shall be granted or denied by the Agency.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart H - GENERAL OBLIGATIONS OF THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY › Section 204.1340 - Permit Rescission

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any
				permit issued under this Part or a prior version of this Part shall remain in
				effect unless and until it expires under Section 204.830 or is rescinded under
				this Section.
b) An owner or
				operator of a stationary source or modification who holds a permit issued under
				this Part or
				40 CFR
				52.21 for the construction of a new source or
				modification that meets the requirement in subsection (c) may request that the
				Agency rescind the permit or a particular portion of the permit.
c) The Agency may grant an application for
				rescission if the application shows that this Part would not apply to the
				source or modification.
d) If the
				Agency rescinds a permit under this Section, it shall post a notice of the
				rescission determination on a public web site identified by it within 60 days
				after the rescission.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart I - NONAPPLICABILITY RECORDKEEPING AND REPORTING › Section 204.1400 - Recordkeeping and Reporting Requirements for Certain Projects at Major Stationary Sources

Current through Register Vol. 48, No. 28, July 12, 2024
Except as otherwise provided in subsection (f)(2), the
				  provisions of this Section apply with respect to any regulated NSR pollutant
				  emitted from projects involving existing emissions unit or units at a major
				  stationary source (other than projects at a source with a PAL) in circumstances
				  in which there is a reasonable possibility, within the meaning of subsection
				  (f), that a project that is not a major modification for the pollutant may
				  result in a significant emissions increase of such pollutant, and the owner or
				  operator elects to use the method specified in Section 204.600(b)(1) through
				  (b)(3) for calculating projected actual emissions.
a) Before beginning actual construction of
				the project, the owner or operator shall document and maintain a record of the
				following information:
1) A description of
				the project;
2) Identification of
				the emissions unit or units whose emissions of a regulated NSR pollutant could
				be affected by the project; and
3)
				A description of the applicability test used to determine that the project is
				not a major modification for any regulated NSR pollutant, including the
				baseline actual emissions, the projected actual emissions, the amount of
				emissions excluded under Section 204.600(b)(3), an explanation for why such
				amount was excluded, and any netting calculations, if applicable.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart J - INNOVATIVE CONTROL TECHNOLOGY › Section 204.1500 - Innovative Control Technology

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				An owner or operator of a proposed major stationary source or major
				modification may request that the Agency in writing no later than the close of
				the comment period under 35 Ill. Adm. Code 252 to approve a system of
				innovative control technology.
b)
				The Agency shall, with the consent of the Governor, determine that the source
				or modification may employ a system of innovative control technology if:
1) The proposed control system would not
				cause or contribute to an unreasonable risk to public health, welfare, or
				safety in its operation or function;
2) The owner or operator agrees to achieve a
				level of continuous emissions reduction equivalent to that which would have
				been required under Section 204.1100(b), by a date specified by the Agency.
				Such date shall not be later than 4 years after the time of startup or 7 years
				after permit issuance;
3) The
				source or modification would meet the requirements of Sections 204.1100 and
				204.1110, based on the emissions rate that the stationary source employing the
				system of innovative control technology would be required to meet on the date
				specified by the Agency;
4) The
				source or modification would not, before the date specified by the Agency:
A) Cause or contribute to a violation of an
				applicable NAAQS; or
B) Impact any
				area where an applicable increment is known to be violated;
5) All other applicable
				requirements, including those for public participation, have been met;
				and
6) The provisions of Section
				204.1200 (relating to Class I areas) have been satisfied with respect to all
				periods during the life of the source or modification.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart K - PLANTWIDE APPLICABILITY LIMITATION › Section 204.1600 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency may
				approve the use of an actuals PAL for any existing major stationary source if
				the PAL meets the requirements of this Subpart. The term "PAL" shall mean
				"actuals PAL" throughout this Subpart.
b) Any physical change in or change in the
				method of operation of a major stationary source that maintains its total
				source-wide emissions below the PAL level, meets the requirements in this
				Subpart, and complies with the PAL permit:
1)
				Is not a major modification for the PAL pollutant;
2) Does not have to be approved through the
				major NSR program; and
3) Is not
				subject to the provisions in Section 204.850 (restrictions on relaxing
				enforceable emission limitations that the major stationary source used to avoid
				applicability of the major NSR program).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart K - PLANTWIDE APPLICABILITY LIMITATION › Section 204.1610 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
For the purposes of this Subpart, the definitions in Sections
				  204.1620 through 204.1780 apply. When a term is not defined in these Sections,
				  it shall have the meaning given in this Part, 35 Ill. Adm. Code 211, or the
				  CAA.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart K - PLANTWIDE APPLICABILITY LIMITATION › Section 204.1620 - Actuals PAL

Current through Register Vol. 48, No. 28, July 12, 2024
"Actuals PAL", for a major stationary source, means a PAL
				  based on the baseline actual emissions (as defined in Section 204.240 ) of all
				  emissions units (as defined in Section 204.370 ) at the source that emit or
				  have the potential to emit the PAL pollutant.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart K - PLANTWIDE APPLICABILITY LIMITATION › Section 204.1630 - Allowable Emissions

Current through Register Vol. 48, No. 28, July 12, 2024
"Allowable emissions" means "allowable emissions" as defined
				  in Section 204.230, except that the allowable emissions for any emissions unit
				  shall be calculated considering any emission limitations that are enforceable
				  as a practical matter on the emissions unit's potential to
				  emit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart K - PLANTWIDE APPLICABILITY LIMITATION › Section 204.1640 - Continuous Emissions Monitoring System (CEMS)

Current through Register Vol. 48, No. 28, July 12, 2024
"Continuous emissions monitoring system" or "CEMS" means all
				  of the equipment that may be required to meet the data acquisition and
				  availability requirements of this Part, to sample, condition (if applicable),
				  analyze, and provide a record of emissions on a continuous
				  basis.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart K - PLANTWIDE APPLICABILITY LIMITATION › Section 204.1650 - Continuous Emissions Rate Monitoring System (CERMS)

Current through Register Vol. 48, No. 28, July 12, 2024
"Continuous emissions rate monitoring system" or "CERMS"
				  means the total equipment required for the determination and recording of the
				  pollutant mass emissions rate (in terms of mass per unit of
				  time).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart K - PLANTWIDE APPLICABILITY LIMITATION › Section 204.1660 - Continuous Parameter Monitoring System (CPMS)

Current through Register Vol. 48, No. 28, July 12, 2024
"Continuous parameter monitoring system" or "CPMS" means all
				  of the equipment necessary to meet the data acquisition and availability
				  requirements of this Part to monitor process and control device operational
				  parameters (for example, control device secondary voltages and electric
				  currents) and other information (for example, gas flow rate,
				  O2 or CO2 concentrations), and to
				  record average operational parameter value or values on a continuous
				  basis.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart K - PLANTWIDE APPLICABILITY LIMITATION › Section 204.1670 - Lowest Achievable Emission Rate (LAER)

Current through Register Vol. 48, No. 28, July 12, 2024
"Lowest achievable emission rate" or "LAER" has the meaning
				  given by 35 Ill. Adm. Code
				  203.301(a).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart K - PLANTWIDE APPLICABILITY LIMITATION › Section 204.1680 - Major Emissions Unit

Current through Register Vol. 48, No. 28, July 12, 2024
"Major emissions unit" means any emissions unit that emits or
				  has the potential to emit 100 tpy or more of the PAL pollutant in an attainment
				  area.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart K - PLANTWIDE APPLICABILITY LIMITATION › Section 204.1690 - Plantwide Applicability Limitation (PAL)

Current through Register Vol. 48, No. 28, July 12, 2024
"Plantwide applicability limitation" or "PAL" means an
				  emission limitation expressed on a mass basis in tons per year, or expressed in
				  tons per year CO2e for a GHG emission limitation for a
				  pollutant at a major stationary source, that is enforceable as a practical
				  matter and established source-wide in accordance with this
				  Subpart.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart K - PLANTWIDE APPLICABILITY LIMITATION › Section 204.1700 - PAL Effective Date

Current through Register Vol. 48, No. 28, July 12, 2024
"PAL effective date" generally means the date of issuance of
				  the PAL permit. However, the PAL effective date for an increased PAL is the
				  date any emissions unit that is part of the PAL major modification becomes
				  operational and begins to emit the PAL pollutant.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart K - PLANTWIDE APPLICABILITY LIMITATION › Section 204.1710 - PAL Effective Period

Current through Register Vol. 48, No. 28, July 12, 2024
"PAL effective period" means the period beginning with the
				  PAL effective date and ending 10 years later.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart K - PLANTWIDE APPLICABILITY LIMITATION › Section 204.1720 - PAL Major Modification

Current through Register Vol. 48, No. 28, July 12, 2024
"PAL major modification" means, notwithstanding Sections
				  204.490 and 204.550 (the definitions for major modification and net emissions
				  increase), any physical change in or change in the method of operation of the
				  PAL source that causes it to emit the PAL pollutant at a level equal to or
				  greater than the PAL.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart K - PLANTWIDE APPLICABILITY LIMITATION › Section 204.1730 - PAL Permit

Current through Register Vol. 48, No. 28, July 12, 2024
"PAL permit" means the major NSR permit, the minor NSR
				  permit, or the State operating permit under a program that is approved into the
				  SIP, or the CAAPP permit issued by the Agency that establishes a PAL for a
				  major stationary source.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart K - PLANTWIDE APPLICABILITY LIMITATION › Section 204.1740 - PAL Pollutant

Current through Register Vol. 48, No. 28, July 12, 2024
"PAL pollutant" means the pollutant for which a PAL is
				  established at a major stationary source.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart K - PLANTWIDE APPLICABILITY LIMITATION › Section 204.1750 - Predictive Emissions Monitoring System (PEMS)

Current through Register Vol. 48, No. 28, July 12, 2024
"Predictive emissions monitoring system" or "PEMS" means all
				  of the equipment necessary to monitor process and control device operational
				  parameters (for example, control device secondary voltages and electric
				  currents) and other information (for example, gas flow rate,
				  O2 or CO2 concentrations), and to
				  calculate and record the mass emissions rate (e.g., lb/hr) on a continuous
				  basis.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart K - PLANTWIDE APPLICABILITY LIMITATION › Section 204.1760 - Reasonably Achievable Control Technology (RACT)

Current through Register Vol. 48, No. 28, July 12, 2024
"Reasonably Achievable Control Technology" or "RACT" means
				  devices, systems, process modifications, or other apparatus or techniques that
				  are reasonably available taking into account:
a) The necessity of imposing such controls in
				order to attain and maintain a national ambient air quality standard;
b) The social, environmental, and economic
				impact of such controls; and
c)
				Alternative means of providing for attainment and maintenance of such
				standard.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart K - PLANTWIDE APPLICABILITY LIMITATION › Section 204.1770 - Significant Emissions Unit

Current through Register Vol. 48, No. 28, July 12, 2024
"Significant emissions unit" means an emissions unit that
				  emits or has the potential to emit a PAL pollutant in an amount that is equal
				  to or greater than the significant level (as defined in Section 204.660 or in
				  the CAA, whichever is lower) for that PAL pollutant, but less than the amount
				  that would qualify the unit as a major emissions unit (as defined in Section
				  204.1680 ).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart K - PLANTWIDE APPLICABILITY LIMITATION › Section 204.1780 - Small Emissions Unit

Current through Register Vol. 48, No. 28, July 12, 2024
"Small emissions unit" means an emissions unit that emits, or
				  has the potential to emit, the PAL pollutant in an amount less than the
				  significant level for that PAL pollutant, as defined in Section 204.660 or in
				  the CAA, whichever is lower.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart K - PLANTWIDE APPLICABILITY LIMITATION › Section 204.1790 - Permit Application Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
As part of a permit application requesting a PAL, the owner
				  or operator of a major stationary source shall submit the following information
				  to the Agency for approval:
a) A list
				of all emissions units at the source designated as small, significant or major
				based on their potential to emit. In addition, the owner or operator of the
				source shall indicate which, if any, federal or State applicable requirements,
				emission limitations, or work practices apply to each unit.
b) Calculations of the baseline actual
				emissions (with supporting documentation). Baseline actual emissions are to
				include emissions associated not only with operation of the unit, but also
				emissions associated with startup, shutdown, and malfunction.
c) The calculation procedures that the major
				stationary source owner or operator proposes to use to convert the monitoring
				system data to monthly emissions and annual emissions based on a 12-month
				rolling total for each month as required by Section 204.1890(a).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart K - PLANTWIDE APPLICABILITY LIMITATION › Section 204.1800 - General Requirements for Establishing PAL

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency is allowed to establish a PAL
				at a major stationary source, provided that, at a minimum, the requirements of
				this Section are met.
1) The PAL shall impose
				an annual emission limitation expressed on a mass basis in tons per year, or
				expressed in tons per year CO2e for a GHG PAL, that is
				enforceable as a practical matter, for the entire major stationary source. For
				each month during the PAL effective period after the first 12 months of
				establishing a PAL, the major stationary source owner or operator shall show
				that the sum of the monthly emissions from each emissions unit under the PAL
				for the previous 12 consecutive months is less than the PAL (a 12-month
				average, rolled monthly). For each month during the first 11 months after the
				PAL effective date, the major stationary source owner or operator shall show
				that the sum of the preceding monthly emissions from the PAL effective date for
				each emissions unit under the PAL is less than the PAL.
2) The PAL shall be established in a PAL
				permit that meets the public participation requirements in Section
				204.1810.
3) The PAL permit shall
				contain all the requirements of Section 204.1830.
4) The PAL shall include fugitive emissions,
				to the extent quantifiable, from all emissions units that emit or have the
				potential to emit the PAL pollutant at the major stationary source.
5) Each PAL shall regulate emissions of only
				one pollutant.
6) Each PAL shall
				have a PAL effective period of 10 years.
7) The owner or operator of the major
				stationary source with a PAL shall comply with the monitoring, recordkeeping,
				and reporting requirements provided in Sections 204.1880 through 204.1900 for
				each emissions unit under the PAL through the PAL effective period.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart K - PLANTWIDE APPLICABILITY LIMITATION › Section 204.1810 - Public Participation Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
PALs for existing major stationary sources shall be
				  established, renewed, or increased through a procedure that is consistent with
				  35 Ill. Adm. Code 252. This includes the requirement that the Agency provide
				  the public with notice of the proposed approval of a PAL permit and provide at
				  least a 30-day period for submittal of public comment. The Agency must address
				  all material comments before taking final action on the
				  permit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart K - PLANTWIDE APPLICABILITY LIMITATION › Section 204.1820 - Setting the 10-Year Actuals PAL Level

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as provided in subsection (b), the
				plan shall provide that the actuals PAL level for a major stationary source
				shall be established as the sum of the baseline actual emissions (as defined in
				Section 204.240 ) of the PAL pollutant for each emissions unit at the source,
				plus an amount equal to the applicable significant level for the PAL pollutant
				under Section 204.660 or under the CAA, whichever is lower. When establishing
				the actuals PAL level, for a PAL pollutant, only one consecutive 24-month
				period must be used to determine the baseline actual emissions for all existing
				emissions units. However, a different consecutive 24-month period may be used
				for each different PAL pollutant. Emissions associated with units that were
				permanently shut down after this 24-month period must be subtracted from the
				PAL level. The Agency shall specify in the PAL permit a reduced PAL level or
				levels in tons per year (or tons per year CO2e for a GHG
				PAL) to become effective on the future compliance date or dates of any
				applicable federal or State regulatory requirement or requirements that the
				Agency is aware of prior to issuance of the PAL permit. For instance, if the
				source owner or operator will be required to reduce emissions from industrial
				boilers to half the baseline emissions of 60 ppm NOX to
				a new rule limit of 30 ppm, then the permit shall contain a future effective
				PAL level that is equal to the current PAL level reduced by half of the
				original baseline emissions of the unit or units.
b) For newly constructed units (which do not
				include modifications to existing units) on which actual construction began
				after the 24-month period, in lieu of adding the baseline actual emissions as
				specified in subsection (a), the emissions must be added to the PAL level in an
				amount equal to the potential to emit of the units.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart K - PLANTWIDE APPLICABILITY LIMITATION › Section 204.1830 - Contents of the PAL Permit

Current through Register Vol. 48, No. 28, July 12, 2024
The PAL permit must contain, at a minimum:
a) The PAL pollutant and the applicable
				source-wide emission limitation in tons per year, or tons per year
				CO2e for a GHG PAL.
b) The PAL permit effective date and the
				expiration date of the PAL (PAL effective period).
c) Specification in the PAL permit that if a
				major stationary source owner or operator applies to renew a PAL in accordance
				with Section 204.1860 before the end of the PAL effective period, then the PAL
				shall not expire at the end of the PAL effective period. It shall remain in
				effect until a revised PAL permit is issued by the Agency.
d) A requirement that emission calculations
				for compliance purposes must include emissions from startups, shutdowns, and
				malfunctions.
e) A requirement
				that, once the PAL expires, the major stationary source is subject to the
				requirements of Section 204.1850.
f) The calculation procedures that the major
				stationary source owner or operator shall use to convert the monitoring system
				data to monthly emissions and annual emissions based on a 12-month rolling
				total as required by Section 204.1890(a).
g) A requirement that the major stationary
				source owner or operator monitor all emissions units in accordance with the
				provisions under Section 204.1880.
h) A requirement to retain the records
				required by Section 204.1890 on site. Such records may be retained in an
				electronic format.
i) A requirement
				to submit the reports required by Section 204.1900 by the required
				deadlines.
j) Any other
				requirements that the Agency deems necessary to implement and enforce the
				PAL.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart K - PLANTWIDE APPLICABILITY LIMITATION › Section 204.1840 - Effective Period and Reopening a PAL Permit

Current through Register Vol. 48, No. 28, July 12, 2024
The requirements in subsections (a) and (b) apply to actuals
				  PALs.
a) PAL Effective Period. The
				Agency shall specify a PAL effective period of 10 years.
b) Reopening of the PAL Permit
1) During the PAL effective period, the
				Agency must reopen the PAL permit to:
A)
				Correct typographical/calculation errors made in setting the PAL or reflect a
				more accurate determination of emissions used to establish the PAL;
B) Reduce the PAL if the owner or operator of
				the major stationary source creates creditable emissions reductions for use as
				offsets under 35 Ill. Adm. Code 203; and
C) Revise the PAL to reflect an increase in
				the PAL as provided under Section 204.1870.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart K - PLANTWIDE APPLICABILITY LIMITATION › Section 204.1850 - Expiration of a PAL

Current through Register Vol. 48, No. 28, July 12, 2024
Any PAL that is not renewed in accordance with Section
				  204.1860 shall expire at the end of the PAL effective period, and the
				  requirements in this Section shall apply.
a) Each emissions unit (or each group of
				emissions units) that existed under the PAL shall comply with an allowable
				emission limitation under a revised permit established under this subsection
				(a).
1) Within the time frame specified for
				PAL renewals in Section 204.1860(b), the major stationary source shall submit a
				proposed allowable emission limitation for each emissions unit (or each group
				of emissions units, if such a distribution is more appropriate, as decided by
				the Agency) by distributing the PAL allowable emissions for the major
				stationary source among each of the emissions units that existed under the PAL.
				If the PAL had not yet been adjusted for an applicable requirement that became
				effective during the PAL effective period, as required under Section
				204.1860(e), such distribution shall be made as if the PAL had been
				adjusted.
2) The Agency shall
				decide whether and how the PAL allowable emissions will be distributed and
				issue a revised permit incorporating allowable limits for each emissions unit,
				or each group of emissions units, as the Agency determines
				appropriate.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart K - PLANTWIDE APPLICABILITY LIMITATION › Section 204.1860 - Renewal of a PAL

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency shall
				follow the procedures specified in Section 204.1810 in approving any request to
				renew a PAL for a major stationary source, and shall provide both the proposed
				PAL level and a written rationale for the proposed PAL level to the public for
				review and comment. During such public review, any person may propose a PAL
				level for the source for consideration by the Agency.
b) Application Deadline. A major stationary
				source owner or operator shall submit a timely application to the Agency to
				request renewal of a PAL. A timely application is one that is submitted at
				least 6 months before, but not earlier than 18 months before, the date of
				permit expiration. This deadline for application submittal is to ensure that
				the permit will not expire before the permit is renewed. If the owner or
				operator of a major stationary source submits a complete application to renew
				the PAL within this time period, the PAL shall continue to be effective until
				the revised permit with the renewed PAL is issued.
c) Application Requirements. The application
				to renew a PAL permit shall contain:
1) The
				information required in Section 204.1790.
2) A proposed PAL level.
3) The sum of the potential to emit of all
				emissions units under the PAL (with supporting documentation).
4) Any other information the owner or
				operator wishes the Agency to consider in determining the appropriate level for
				renewing the PAL.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart K - PLANTWIDE APPLICABILITY LIMITATION › Section 204.1870 - Increasing the PAL During the PAL Effective Period

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency may increase a PAL emission
				limitation only if the major stationary source complies with this subsection
				(a).
1) The owner or operator of the major
				stationary source shall submit a complete application to request an increase in
				the PAL limit for a PAL major modification. Such application shall identify the
				emissions unit or units contributing to the increase in emissions so as to
				cause the major stationary source's emissions to equal or exceed its
				PAL.
2) As part of this
				application, the major stationary source owner or operator shall demonstrate
				that the sum of the baseline actual emissions of the small emissions units,
				plus the sum of the baseline actual emissions of the significant and major
				emissions units assuming application of BACT equivalent controls, plus the sum
				of the allowable emissions of the new or modified emissions unit or units
				exceeds the PAL. The level of control that would result from BACT equivalent
				controls on each significant or major emissions unit or units shall be
				determined by conducting a new BACT analysis at the time the application is
				submitted, unless the emissions unit is currently required to comply with a
				BACT or LAER requirement that was established within the preceding 10 years. In
				such a case, the assumed control level for that emissions unit shall be equal
				to the level of BACT or LAER with which that emissions unit must currently
				comply.
3) The owner or operator
				obtains a major NSR permit for all emissions unit or units identified in
				subsection (a)(1), regardless of the magnitude of the emissions increase
				resulting from them (that is, no significant levels apply). These emissions
				unit or units shall comply with any emissions requirements resulting from the
				major NSR process (for example, BACT), even though they have also become
				subject to the PAL or continue to be subject to the PAL.
4) The PAL permit shall require that the
				increased PAL level must be effective on the day any emissions unit that is
				part of the PAL major modification becomes operational and begins to emit the
				PAL pollutant.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart K - PLANTWIDE APPLICABILITY LIMITATION › Section 204.1880 - Monitoring Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) General
				Requirements
1) Each PAL permit must contain
				enforceable requirements for the monitoring system that accurately determines
				plantwide emissions of the PAL pollutant in terms of mass per unit of time, or
				in CO2e per unit of time for a GHG PAL. Any monitoring
				system authorized for use in the PAL permit must be based on sound science and
				meet generally acceptable scientific procedures for data quality and
				manipulation. Additionally, the information generated by such system must meet
				minimum legal requirements for admissibility in a judicial proceeding to
				enforce the PAL permit.
2) The PAL
				monitoring system must employ one or more of the four general monitoring
				approaches meeting the minimum requirements set forth in subsection (b) and
				must be approved by the Agency.
3)
				Notwithstanding subsection (a)(2), the owner or operator may also employ an
				alternative monitoring approach that meets subsection (a)(1) if approved by the
				Agency.
4) Failure to use a
				monitoring system that meets the requirements of this Section renders the PAL
				invalid.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart K - PLANTWIDE APPLICABILITY LIMITATION › Section 204.1890 - Recordkeeping Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) The PAL
				permit shall require an owner or operator to retain a copy of all records
				necessary to determine compliance with any requirement of this Subpart and of
				the PAL, including a determination of each emissions unit's 12-month rolling
				total emissions, for 5 years from the date of such record.
b) The PAL permit shall require an owner or
				operator to retain a copy of the following records for the duration of the PAL
				effective period plus 5 years:
1) A copy of
				the PAL permit application and any applications for revisions to the PAL;
				and
2) Each annual certification of
				compliance under Section 39.5(7)(p)(v) of the Act and the data relied on in
				certifying the compliance.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart K - PLANTWIDE APPLICABILITY LIMITATION › Section 204.1900 - Reporting and Notification Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
The owner or operator shall submit semiannual monitoring
				  reports and prompt deviation reports to the Agency in accordance with the
				  CAAPP. The reports shall meet the requirements of this Section.
a) Semiannual Report. The semiannual report
				shall be submitted to the Agency within 30 days after the end of each reporting
				period. This report shall contain the information required in subsection (a).
1) Identification of the owner and operator
				and the permit number.
2) Total
				annual emissions (expressed on a mass-basis in tons per year, or expressed in
				tons per year CO2e for a GHG PAL) based on a 12-month
				rolling total for each month in the reporting period recorded under Section
				204.1890(a).
3) All data relied
				upon, including any Quality Assurance or Quality Control data, in calculating
				the monthly and annual PAL pollutant emissions.
4) A list of any emissions units modified or
				added to the major stationary source during the preceding 6-month
				period.
5) The number, duration,
				and cause of any deviations or monitoring malfunctions (other than the time
				associated with zero and span calibration checks), and any corrective action
				taken.
6) A notification of a
				shutdown of any monitoring system, whether the shutdown was permanent or
				temporary, the reason for the shutdown, the anticipated date that the
				monitoring system will be fully operational or replaced with another monitoring
				system, and whether the emissions unit monitored by the monitoring system
				continued to operate, and the calculation of the emissions of the pollutant or
				the number determined by the method included in the permit, as provided by
				Section 204.1880(g).
7) A signed
				statement by the responsible official (as defined by the CAAPP) certifying the
				truth, accuracy, and completeness of the information provided in the
				report.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 204 - PREVENTION OF SIGNIFICANT DETERIORATION › Subpart K - PLANTWIDE APPLICABILITY LIMITATION › Section 204.1910 - Transition Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency may not issue a PAL that does not comply with this
				  Subpart after September 4, 2020.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 205 - EMISSIONS REDUCTION MARKET SYSTEM › Subpart A - GENERAL PROVISIONS › Section 205.100 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
If any Section, subsection, sentence or clause of this Part
				  is judged invalid, such adjudication shall not affect the validity of this Part
				  as a whole or of any Section, subsection, sentence or clause thereof not judged
				  invalid.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 205 - EMISSIONS REDUCTION MARKET SYSTEM › Subpart A - GENERAL PROVISIONS › Section 205.110 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Part is to implement the Emissions
				  Reduction Market System (ERMS) regulatory program consistent with the
				  assurances that are specified in Section 9.8 of the Environmental Protection
				  Act [415 ILCS
				  5/9.8 ]. The ERMS is designed, as further specified in
				  this Part, to achieve the following:
a) Implement innovative and cost-effective
				strategies to attain the national ambient air quality standard (NAAQS) for
				ozone and to meet the requirements of the Clean Air Act;
b) Increase flexibility for participating
				sources and lessen the economic impacts associated with implementation of the
				Clean Air Act;
c) Take into account
				the findings of the national ozone transport assessment coordinated by the
				Environmental Council of States with participation by the United States
				Environmental Protection Agency and by the Lake Michigan Air Directors
				Consortium; and
d) Assure that
				sources subject to the ERMS regulatory program will not be required to reduce
				emissions to an extent that exceeds their proportionate share of the total
				emissions reductions required of all emission sources, including mobile and
				area sources.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 205 - EMISSIONS REDUCTION MARKET SYSTEM › Subpart A - GENERAL PROVISIONS › Section 205.115 - Sunset Provision

Current through Register Vol. 48, No. 28, July 12, 2024
This Part does not apply after April 29, 2018. Subject
				  sources must comply with this Part before April 30, 2018.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 205 - EMISSIONS REDUCTION MARKET SYSTEM › Subpart A - GENERAL PROVISIONS › Section 205.120 - Abbreviations and Acronyms

Current through Register Vol. 48, No. 28, July 12, 2024
Unless otherwise specified within this Part, the
				  abbreviations used in this Part shall be the same as those found in 35 Ill.
				  Adm. Code 211. The following abbreviations and acronyms are used in this
				  Part:
ACMA
Alternative Compliance Market Account
Act
Environmental Protection Act [415 ILCS 5 ]
ATU
Allotment Trading Unit
BAT
Best Available Technology
CAA
Clean Air Act as amended in 1990 [
							 42 U.S.C.
							 7401 through
							 7671 q ]
CAAPP
Clean Air Act Permit Program
ERMS
Emissions Reduction Market System
FESOP
Federally Enforceable State Operating Permit
LAER
Lowest Achievable Emission Rate
MACT
Maximum Achievable Control Technology
NAAQS
National Ambient Air Quality Standard
NESHAP
National Emission Standards for Hazardous Air
							 Pollutants
RFP
Reasonable Further Progress
ROP
Rate of Progress
USEPA
United Stated Environmental Protection Agency
VOM
Volatile Organic Material
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 205 - EMISSIONS REDUCTION MARKET SYSTEM › Subpart A - GENERAL PROVISIONS › Section 205.150 - Emissions Management Periods

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The VOM emissions control period is the seasonal allotment period, which is
				from May 1 through September 30, annually.
b) The reconciliation period is from October
				1 to December 31, annually. During each reconciliation period, participating
				sources and new participating sources shall:
1) Compile data of actual VOM emissions
				during the immediately preceding seasonal allotment period; and
2) Submit its seasonal emissions component of
				its Annual Emissions Report, in accordance with Section
				205.300
				of this Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 205 - EMISSIONS REDUCTION MARKET SYSTEM › Subpart B - APPLICABILITY › Section 205.200 - Participating Source

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				requirements of this Part shall apply to any source operating prior to May 1,
				1999, located in the Chicago area, that:
1)
				emits or has the potential to emit 25 tons per year or more of VOM or is
				required to obtain a CAAPP permit; and
2) has baseline emissions of at least 10
				tons, as specified in Section
				205.320(a)
				of this Part, or seasonal emissions of at least 10 tons in any seasonal
				allotment period beginning in 1999.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 205 - EMISSIONS REDUCTION MARKET SYSTEM › Subpart B - APPLICABILITY › Section 205.205 - Exempt Source

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any source
				that otherwise meets the criteria for participating sources shall be exempt
				from the requirements of this Part, except that any such source shall be
				required to obtain a CAAPP permit or FESOP and submit the seasonal emissions
				component of the Annual Emissions Report as specified in Section
				205.300
				of this Part, if the source accepts a 15 tons per seasonal allotment period
				limit on its VOM emissions in its CAAPP permit or FESOP for each seasonal
				allotment period in which the source would be required to participate in the
				ERMS in accordance with the following:
1) If
				the source would be required to participate in the ERMS beginning with the 1999
				seasonal allotment period in accordance with Section
				205.200(b)(1)
				of this Subpart, such source shall apply for the applicable permit limitation
				by March 1, 1998; or
2) If the
				source is required to participate in the ERMS in any seasonal allotment period
				after 1999 because its VOM emissions increase to 10 tons or more in any
				seasonal allotment period beginning with 1999 in accordance with Section
				205.200(b)(2)
				of this Subpart, such source shall apply for the applicable permit limitation
				by December 1 of the first year in which its seasonal emissions are at least 10
				tons.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 205 - EMISSIONS REDUCTION MARKET SYSTEM › Subpart B - APPLICABILITY › Section 205.210 - New Participating Source

Current through Register Vol. 48, No. 28, July 12, 2024
a) The requirements of this Part shall apply
				to any new participating source, a source not operating prior to May 1, 1999,
				located in the Chicago area, that:
1) emits
				or has the potential to emit 25 tons per year or more of VOM or is required to
				obtain a CAAPP permit; and
2) has
				or will have seasonal emissions of at least 10 tons of VOM.