reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 261 - PROCEDURES FOR PROVIDING GRANTS FROM THE ILLINOIS CLEAN DIESEL GRANT PROGRAM › Subpart F - LIABILITIES AND REMEDIES FOR FAILURE TO COMPLY WITH GRANT PROCEDURES › Section 261.650 - Indemnification

Current through Register Vol. 48, No. 28, July 12, 2024
The grant recipient agrees to defend, indemnify, and hold
				  harmless the State, its agencies, officers, employees, agents, and volunteers
				  from any and all costs, demands, expenses, losses, claims, damages,
				  liabilities, settlements, and judgments, including in-house and contracted
				  attorneys' fees and expenses, caused by, arising out of, or occurring in
				  connection with
a) the grant or
				execution of any work or sub-agreement arising out of the grant,
b) any actual or alleged death or injury to
				any person, damage to any property, or any other damage or loss by whomsoever
				suffered, claimed to result in whole or in part from the grant or execution of
				any work or sub-agreement arising out of the grant, or
c) any act, activity, or omission of the
				grant recipient or any of its employees, representatives, contractors,
				subcontractors, or agents.
The grant recipient shall require any contractor or
				  subcontractor engaged by the grant recipient to agree in writing to look solely
				  to the grant recipient for performance of its sub-agreement with the grant
				  recipient and for satisfaction of any and all claims arising
				  thereunder.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 261 - PROCEDURES FOR PROVIDING GRANTS FROM THE ILLINOIS CLEAN DIESEL GRANT PROGRAM › Subpart F - LIABILITIES AND REMEDIES FOR FAILURE TO COMPLY WITH GRANT PROCEDURES › Section 261.660 - Disputes Relating to Performance

Current through Register Vol. 48, No. 28, July 12, 2024
a) Disputes relating to performance of the
				project scope of work that are not disposed of by agreement shall be decided by
				the Director, or his or her authorized representative, who shall render a
				decision in writing. This decision shall be furnished to the grant recipient by
				mail, electronic mail, facsimile, personal service, or by similar means. The
				decision of the Director shall be in accordance with this Part and shall be
				final and conclusive.
b) Subsection
				(a) shall not preclude the Director from considering questions of law or equity
				in any decision.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 261 - PROCEDURES FOR PROVIDING GRANTS FROM THE ILLINOIS CLEAN DIESEL GRANT PROGRAM › Subpart G - REQUIREMENTS APPLICABLE TO ACCESS, AUDITING, AND RECORDS › Section 261.710 - Access

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any entity with
				grant oversight authority, and any representative of such entity, shall have
				access, during normal business hours and at any other time during which project
				work is being performed, to the premises where any project work is being
				performed. After completion of the grant project, any entity with grant
				oversight authority, and any representative of such entity, shall have access
				to the resulting grant project work for five years, during normal business
				hours. During any such access under this subsection, interviews of persons may
				be conducted.
b) Failure by the
				grant recipient or any of its contractors or subcontractors, as applicable, to
				provide access as required by this Section after 3 business days written notice
				from the Agency, may be cause for termination of the grant, pursuant to Section
				261.630
				(Grant Termination by the Agency) of this Part, and refund to the State of any
				unexpended grant funds. In addition, any grant recipient, contractor, or
				subcontractor, as applicable, found in noncompliance with this Section shall
				repay any grant funds in accordance with Section
				261.640
				of this Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 261 - PROCEDURES FOR PROVIDING GRANTS FROM THE ILLINOIS CLEAN DIESEL GRANT PROGRAM › Subpart G - REQUIREMENTS APPLICABLE TO ACCESS, AUDITING, AND RECORDS › Section 261.720 - Audit and Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) The grant
				recipient, its contractors and subcontractors as applicable, shall maintain
				books, records, documents, reports, papers, agreements, sub-agreements, and
				other evidentiary material and accounting procedures and practices (hereinafter
				collectively referred to as "records") as required by the grant agreement and
				any applicable law or regulation, and consistent with generally accepted
				accounting standards.
b) For
				purposes of this Section, "records" shall include, but not be limited to, the
				following:
1) Documentation of the receipt
				and disposition by the grant recipient of all grant funds received for the
				project, including both grant financial assistance and any matching share or
				cost share; and
2) Documentation of
				the costs charged to the grant project, including all direct and indirect costs
				of whatever nature incurred for the performance of the project scope of work
				for which the grant has been provided.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 261 - PROCEDURES FOR PROVIDING GRANTS FROM THE ILLINOIS CLEAN DIESEL GRANT PROGRAM › Subpart G - REQUIREMENTS APPLICABLE TO ACCESS, AUDITING, AND RECORDS › Section 261.730 - Single Audit Act

Current through Register Vol. 48, No. 28, July 12, 2024
Grant recipients, their contractors and subcontractors as
				  applicable, shall comply with the provisions of the Single Audit Act (
				  31
				  USC 7501 et seq.), as applicable, and
				  inspections and investigations pertaining thereto.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 261 - PROCEDURES FOR PROVIDING GRANTS FROM THE ILLINOIS CLEAN DIESEL GRANT PROGRAM › Subpart G - REQUIREMENTS APPLICABLE TO ACCESS, AUDITING, AND RECORDS › Section 261.740 - Reporting

Current through Register Vol. 48, No. 28, July 12, 2024
a) Grant recipients
				must provide any and all reports specified by the Agency in the grant agreement
				and must provide such reports in the time frame specified by the Agency. Grant
				recipients must comply with any and all other applicable State or federal
				reporting requirements.
b) Grant
				recipients must cooperate with the Agency in fulfillment of the Agency's
				reporting requirements which relate to the grant, including any State or
				federal reporting requirements which may apply. Grant recipients must provide
				the information requested by the Agency in the time frame specified by the
				Agency.
c) Noncompliance with this
				Section shall be grounds for termination of the grant in accordance with
				Section
				261.630
				(Grant Termination by the Agency) of this Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 266 - INTERPRETATION OF THE DEFINITION OF PROCESS WEIGHT RATE › Section 266.100 - Introduction

Current through Register Vol. 48, No. 28, July 12, 2024
Particulate emission standards and limitations for new process
				emission sources are contained in 35 Ill. Adm. Code
				212.321
				and for sources existing as of April 14, 1972 at 35 Ill. Adm. Code
				212.322.
				To determine whether source emissions exceed the allowable emission rates under
				either of these sections, the process weight rate must be
				known.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 266 - INTERPRETATION OF THE DEFINITION OF PROCESS WEIGHT RATE › Section 266.105 - Definition of Process Weight Rate

Current through Register Vol. 48, No. 28, July 12, 2024
Process weight rate is defined at 35 Ill. Adm. Code
				211.122 as
				follows:
The actual weight or engineering approximation thereof of all
				materials except liquid and gaseous fuels and combustion air, introduced into
				any process per hour. For a cyclical or batch operation, the process weight
				rate shall be determined by dividing such actual weight or engineering
				approximation thereof by the number of hours of operation excluding any time
				during which the equipment is idle. For continuous processes, the process
				weight rate shall be determined by dividing such actual weight or engineering
				approximation thereof by the number of hours in one complete operation,
				excluding any time during which the equipment is idle.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 266 - INTERPRETATION OF THE DEFINITION OF PROCESS WEIGHT RATE › Section 266.110 - Allowable Emission Rate for Small Operations

Current through Register Vol. 48, No. 28, July 12, 2024
For process weight rates of less than 100 pounds per hour
				(45.35 kg/hr), the allowable emissions rate is 0.55 pounds per hour (0.25
				kg/hr).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 266 - INTERPRETATION OF THE DEFINITION OF PROCESS WEIGHT RATE › Section 266.115 - Process Weight Rate for Surface Preparation and Finishing Operations

Current through Register Vol. 48, No. 28, July 12, 2024
The substrate is not included in calculating the process weight
				rate for any surface operation.
a) The
			 process weight rate for painting operations is calculated by using the weight
			 of the paint and solvent used.
b)
			 The process weight rate for hot or cold dip operations is calculated by using
			 the weight of the material desposited or of the make-up material added to the
			 bath.
c) The process weight rate
			 for plating operations is calculated by using the weight of the material added
			 to the bath, including solvents. If the solvent is water, the water is included
			 in the weight.
d) The process
			 weight rate for lubricating operations is calculated by using the weight of the
			 lubricating material.
e) The
			 process weight rate for degreasing operations is calculated by using the weight
			 of the degreasing material added to the bath.
f) The process weight rate for nail
			 galvanizing by the tumbling method is caluclated by using the weight of zinc
			 powder and flux added to the nails.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 266 - INTERPRETATION OF THE DEFINITION OF PROCESS WEIGHT RATE › Section 266.120 - Process Weight Rate for Conveying Operations

Current through Register Vol. 48, No. 28, July 12, 2024
Items of equipment used to classify or to separate materials in
				conveying operations are considered emission sources, not control
				equipment.
a) The process weight rate
			 for conveying operations using fluid conveyors is calculated by using the
			 weight of material being conveyed; water, air or other transport media is not
			 included.
b) The process weight
			 rate for conveying operations using belts, screws, etc., is calculated by using
			 the weight of the material being conveyed.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 266 - INTERPRETATION OF THE DEFINITION OF PROCESS WEIGHT RATE › Section 266.135 - Process Weight Rate for Catalytic Reactions, Calcining, or Other Chemical Operations

Current through Register Vol. 48, No. 28, July 12, 2024
The process weight rate for catalytic reactions, calcining, or
				other chemical operations is calculated by using the weight of the material
				added to the process. The oxygen, which chemically combines (theoretically), is
				allowed.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 266 - INTERPRETATION OF THE DEFINITION OF PROCESS WEIGHT RATE › Section 266.140 - Process Weight Rate for Fluxing

Current through Register Vol. 48, No. 28, July 12, 2024
The process weight rate for fluxing is calculated by using the
				weight of the flux used or the make-up flux added to the
				bath.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 266 - INTERPRETATION OF THE DEFINITION OF PROCESS WEIGHT RATE › Section 266.145 - Process Weight Rate for Inoculation, Demagging, Degassing

Current through Register Vol. 48, No. 28, July 12, 2024
The process weight rate for inoculation, demagging, degassing
				and related operations is calculated by using the weight of the material added
				to the bath.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 266 - INTERPRETATION OF THE DEFINITION OF PROCESS WEIGHT RATE › Section 266.150 - Process Weight Rate for Stripping Operations

Current through Register Vol. 48, No. 28, July 12, 2024
a) The process weight rate for chemical
			 stripping operations is calculated by using the weight of the material stripped
			 plus the weight of the chemicals added to the bath or expended during the
			 operation.
b) The process weight
			 rate for salt stripping operations is calculated by using the weight of the
			 material stripped plus the salts added to the bath.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 266 - INTERPRETATION OF THE DEFINITION OF PROCESS WEIGHT RATE › Section 266.155 - Process Weight Rate for Shakeout Operations

Current through Register Vol. 48, No. 28, July 12, 2024
The process weight rate for shakeout operations is calculated
				by using the weight of the sand and other materials freed from the
				casting.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 266 - INTERPRETATION OF THE DEFINITION OF PROCESS WEIGHT RATE › Section 266.160 - Process Weight Rate for Drying Operations

Current through Register Vol. 48, No. 28, July 12, 2024
The process weight rate for drying operations is calculated by
				using the weight of the material to be dried, as weighed entering the
				dryer.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 266 - INTERPRETATION OF THE DEFINITION OF PROCESS WEIGHT RATE › Section 266.165 - Process Weight Rate for Concrete Batch Plants

Current through Register Vol. 48, No. 28, July 12, 2024
The process weight rate for concrete batch plants is calculated
				by using the weight of the cement, aggregate and water as added at the batch
				plant.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 266 - INTERPRETATION OF THE DEFINITION OF PROCESS WEIGHT RATE › Section 266.170 - Process Weight Rate for Cement Silos

Current through Register Vol. 48, No. 28, July 12, 2024
The process weight rate for cement silos is calculated by using
				the weight of the maximum amount of cement transferred in any one-hour
				period.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 266 - INTERPRETATION OF THE DEFINITION OF PROCESS WEIGHT RATE › Section 266.190 - Operations to Which Process Weight Rate Rule Does Not Apply

Current through Register Vol. 48, No. 28, July 12, 2024
a) The process weight rate rule does not
			 apply to pickling operations. The applicable sulfuric acid mist regulations
			 shall be used to determine allowable particulate emissions.
b) The process weight rate rule does not
			 apply to thermal stripping operations. The applicable incinerator regulations
			 shall be used to determine allowable particulate emissions.
c) The process weight rate rule does not
			 apply to thermal wire reclaiming. The applicable incinerator regulations shall
			 be used to determine allowable particulate emissions.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 266 - INTERPRETATION OF THE DEFINITION OF PROCESS WEIGHT RATE › Appendix A - Rule into Section Table

Current through Register Vol. 48, No. 28, July 12, 2024
Rule
Section
Rule
Section
1.0
Authority Note
3.05
266.135
2.0
266.100
3.06
266.140
266.105
3.07
266.190(c)
3.0
266.110
3.08
266.145
3.01(a)
266.115(a)
3.09(a)
266.190(b)
3.01(b)
266.115(b)
3.09(b)
266.150(a)
3.01(c)
266.115(c)
3.09(c)
266.150(b)
3.01(d)
266.190(a)
3.10
266.155
3.01(e)
266.115(d)
3.11
266.160
3.01(f)
266.115(e)
3.12
266.165
3.01(g)
266.115(f)
3.13
266.170
3.02(a)
266.120(a)
3.14
266.175
3.02(b)
266.120(b)
3.15
266.180
3.03
266.125
3.16
266.185
3.04
266.130
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 270 - CLEAN AIR ACT PERMIT PROGRAM PROCEDURES › Subpart A - GENERAL PROVISIONS › Section 270.101 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
This Part provides procedural rules to implement Section 39.5
				  of the Environmental Protection Act (See P.A. 87-1213, effective September 26,
				  1992, and P.A. 88-464, effective August 20, 1993) [415 ILCS
				  5/39.5 ] ("Act"), the permit program established for
				  this State pursuant to Title V of the Clean Air Act as amended ( 42 U.S.C.
				  Section 7401 et seq.).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 270 - CLEAN AIR ACT PERMIT PROGRAM PROCEDURES › Subpart A - GENERAL PROVISIONS › Section 270.102 - 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 Section 39.5 of the Act and 35
				  Ill. Adm. Code 211.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 270 - CLEAN AIR ACT PERMIT PROGRAM PROCEDURES › Subpart A - GENERAL PROVISIONS › Section 270.103 - Existing CAAPP Source

Current through Register Vol. 48, No. 28, July 12, 2024
"Existing CAAPP source" means a CAAPP source that commenced
				  operation prior to the effective date of the CAAPP.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 270 - CLEAN AIR ACT PERMIT PROGRAM PROCEDURES › Subpart A - GENERAL PROVISIONS › Section 270.104 - Initial CAAPP Application

Current through Register Vol. 48, No. 28, July 12, 2024
"Initial CAAPP application" means the first CAAPP application
				  submitted for an existing CAAPP source.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 270 - CLEAN AIR ACT PERMIT PROGRAM PROCEDURES › Subpart A - GENERAL PROVISIONS › Section 270.105 - New CAAPP Source

Current through Register Vol. 48, No. 28, July 12, 2024
"New CAAPP source" means a CAAPP source that is not an
				  existing CAAPP source.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 270 - CLEAN AIR ACT PERMIT PROGRAM PROCEDURES › Subpart A - GENERAL PROVISIONS › Section 270.106 - Standard Industrial Classification (SIC) Code

Current through Register Vol. 48, No. 28, July 12, 2024
"Standard Industrial Classification (SIC) Code" means the 2-,
				  3-, or 4- digit code for a source based on the primary activity conducted at
				  the source, as determined from the Standard Industrial Classification Manual
				  (1987), Superintendent of Documents, U.S. Government Printing Office,
				  Washington, D.C. 20402, incorporated by reference in Section
				  270.108
				  of this Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 270 - CLEAN AIR ACT PERMIT PROGRAM PROCEDURES › Subpart A - GENERAL PROVISIONS › Section 270.107 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
This Part applies to the owner or operator of any source
				  required to have an operating permit pursuant to Section 39.5 of the
				  Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 270 - CLEAN AIR ACT PERMIT PROGRAM PROCEDURES › Subpart A - GENERAL PROVISIONS › Section 270.108 - Incorporation by Reference

Current through Register Vol. 48, No. 28, July 12, 2024
Standard Industrial Classification Manual, Superintendent of
				  Documents, Washington, D.C. 20402, 1987, is incorporated by reference. This
				  incorporation does not include any later amendments or
				  editions.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 270 - CLEAN AIR ACT PERMIT PROGRAM PROCEDURES › Subpart B - TRANSITION › Section 270.201 - Schedule for Submission of Initial CAAPP Applications for Existing CAAPP Sources

Current through Register Vol. 48, No. 28, July 12, 2024
An owner or operator of an existing CAAPP source shall submit
				  to the Agency a complete initial CAAPP application for the source no later than
				  the applicable date specified below:
a) An owner or operator of a CAAPP source
				with the following SIC codes shall submit its initial complete CAAPP
				application no later than 3 months after the effective date of the CAAPP: 70,
				80, 82, 92, and 97 (institutions); 44, 50, and 51 (material handling); 10, 12,
				and 14 (mining); and 2951 (asphalt plants);
b) An owner or operator of a CAAPP source
				with the following SIC codes shall submit its initial complete CAAPP
				application no later than 6 months after the effective date of the CAAPP: 26
				(paper and allied products); 27 (printing and publishing); 46, 494, and 495
				(pipelines and utilities other than natural gas pipelines); 491 and 493
				(electric utilities); and 32 (mineral products);
c) An owner or operator of a CAAPP source not
				included in (a) or (b) above or (d) below shall submit its initial complete
				CAAPP application no later than 9 months after the effective date of the CAAPP;
				and
d) An owner or operator of a
				CAAPP source with the following SIC codes shall submit its initial complete
				CAAPP application no later than 12 months after the effective date of the
				CAAPP: 20 (agricultural products); 28 (chemicals); 29 (petroleum refining not
				including 2951); 33 (iron and steel products); and 37 (transportation
				equipment).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 270 - CLEAN AIR ACT PERMIT PROGRAM PROCEDURES › Subpart B - TRANSITION › Section 270.202 - Transition from the State Operating Permit Program

Current through Register Vol. 48, No. 28, July 12, 2024
a) An owner or operator of a CAAPP source
				shall not be required to renew an existing State operating permit for any
				emission unit at such CAAPP source once a CAAPP application timely submitted
				prior to the expiration of the State operating permit has been deemed complete.
				For purposes other than permit renewal, the obligation upon the owner or
				operator of a CAAPP source to obtain a State operating permit is not removed
				upon submittal of a complete CAAPP application. An owner or operator of a CAAPP
				source seeking to make a modification to a source prior to the issuance of its
				CAAPP permit shall be required to obtain a construction and/or operating permit
				as required for such modification in accordance with the State permit program
				under Section 39(a) of the Act, as amended, and regulations promulgated
				thereunder. The application for such construction and/or operating permit shall
				be considered an amendment to the CAAPP application submitted for such source.
				(See Section 39.5(4)(a) of the Act)
b) An owner or operator of a CAAPP source
				shall continue to operate in accordance with the terms and conditions of its
				applicable State operating permit notwithstanding the expiration of the State
				operating permit until the source's CAAPP permit has been issued. (See Section
				39.5(4)(b) of the Act)
c) The CAAPP
				permit shall, upon becoming effective, supersede the State operating permit.
				(See Section 39.5(4)(g) of the Act)
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 270 - CLEAN AIR ACT PERMIT PROGRAM PROCEDURES › Subpart C - CAAPP APPLICATIONS › Section 270.301 - Application Submittal

Current through Register Vol. 48, No. 28, July 12, 2024
a) In order
				for a submittal to be deemed timely, an owner or operator of an existing CAAPP
				source shall submit to the Agency a complete initial CAAPP application in
				accordance with the schedule set forth in Section
				270.201
				of this Part. An owner or operator of an existing CAAPP source may voluntarily
				submit its initial CAAPP application prior to the date required in this Part,
				provided that CAAPP submittal to the Agency is subsequent to the date the
				Agency submits the CAAPP to USEPA for approval.
b) The owner or operator of a new CAAPP
				source shall submit its complete CAAPP application consistent with Section
				39.5(5) of the Act.
c) An owner or
				operator of a new CAAPP source must comply with all applicable construction
				permit requirements.
d) In order
				for a submittal to be deemed timely, an owner or operator of a CAAPP source
				shall submit to the Agency a complete CAAPP application for the renewal of a
				CAAPP permit not later than 9 months before the date of permit expiration of
				the existing CAAPP permit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 270 - CLEAN AIR ACT PERMIT PROGRAM PROCEDURES › Subpart C - CAAPP APPLICATIONS › Section 270.302 - Application Submittal for Modifications of CAAPP Permits

Current through Register Vol. 48, No. 28, July 12, 2024
a) A complete application for a significant
				modification of a CAAPP permit shall be submitted to the Agency not later than
				9 months prior to the date of implementation of the proposed change. The
				proposed change may be implemented as soon as the Agency has taken final action
				to approve the change.
b) A
				complete application for a permit modification under Section 112(g) of the
				Clean Air Act shall be submitted to the Agency not later than 12 months after
				implementation of the proposed change. However, if the proposed change is a
				significant modification, subsection (a) above shall apply.
c) A complete application for a minor permit
				modification of a CAAPP permit using the minor permit modification or group
				processing procedure shall be submitted to the Agency prior to the date of
				implementation of the proposed change consistent with Section 39.5(14) of the
				Act.
d) A written request for an
				administrative permit amendment of a CAAPP permit shall be submitted to the
				Agency prior to the date of implementation of the proposed change.
e) A construction permit may be incorporated
				into a CAAPP permit through the administrative permit amendment procedures,
				pursuant to Section 39.5(13)(c)(v) of the Act, if procedural and compliance
				requirements substantially equivalent to those for the issuance of CAAPP
				permits were met in the issuance of the construction permit; otherwise, the
				construction permit must be incorporated into the CAAPP permit through the
				significant modification procedures.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 270 - CLEAN AIR ACT PERMIT PROGRAM PROCEDURES › Subpart C - CAAPP APPLICATIONS › Section 270.303 - Agency Determination of Completeness

Current through Register Vol. 48, No. 28, July 12, 2024
a) In order for an initial or renewal CAAPP
				application or an application for a significant modification to be deemed
				complete by the Agency, the application shall provide all of the information
				required in Subparts C and D of the Part applicable to the source for which the
				application is being submitted.
b)
				The Agency shall provide notice to a CAAPP applicant as to whether a submitted
				CAAPP application is complete. Unless the Agency notifies the applicant of
				incompleteness within 60 days of receipt of the CAAPP application, the
				application shall be deemed complete. (See Section 39.5(5)(f) of the
				Act)
c) Where an applicant is
				proposing in its CAAPP application that an activity at the source be treated as
				an insignificant activity, the Agency will make its completeness determination
				in accordance with subsection (a) above. If the Agency requests any additional
				information regarding the proposed insignificant activity, such information
				shall be provided in accordance with Section
				270.305
				of this Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 270 - CLEAN AIR ACT PERMIT PROGRAM PROCEDURES › Subpart C - CAAPP APPLICATIONS › Section 270.304 - Effect of a Timely and Complete Application Submittal

Current through Register Vol. 48, No. 28, July 12, 2024
a) An owner or operator of a CAAPP source
				shall not be in violation of the requirement to have a CAAPP permit under
				Section 39.5 of the Act if such owner or operator has submitted a timely and
				complete CAAPP application, until the Agency takes final action on the CAAPP
				application except as provided in subsection (b) below.
b) If the owner or operator of a CAAPP source
				fails to submit additional information requested by the Agency by the
				reasonable deadline specified pursuant to Section
				270.305
				of this Part, the owner or operator shall lose the protection provided in
				subsection (a) above.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 270 - CLEAN AIR ACT PERMIT PROGRAM PROCEDURES › Subpart C - CAAPP APPLICATIONS › Section 270.305 - Subsequent Agency Request for Information

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency may request additional
				information as needed to make a completeness determination. The Agency may to
				the extent practicable provide the applicant with a reasonable opportunity to
				correct deficiencies prior to a final determination of completeness. (See
				Section 39.5(5)(f) of the Act)
b)
				If, while processing an application that has been determined or deemed to be
				complete, the Agency determines that additional information is necessary to
				evaluate or take final action on that application, it may request such
				information in writing and set a reasonable deadline for response.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 270 - CLEAN AIR ACT PERMIT PROGRAM PROCEDURES › Subpart C - CAAPP APPLICATIONS › Section 270.306 - Submittal of New or Revised Information

Current through Register Vol. 48, No. 28, July 12, 2024
Any applicant who fails to submit any relevant facts
				  necessary to evaluate the subject source and its CAAPP application or who has
				  submitted incorrect information in a CAAPP application shall, upon becoming
				  aware of such failure or incorrect submittal, submit supplementary facts or
				  correct information to the Agency. In addition, an applicant shall provide to
				  the Agency additional information as necessary to address any requirements
				  which become applicable to the source subsequent to the date the applicant
				  submitted its complete CAAPP application but prior to release of the draft
				  CAAPP permit. (See Section 39.5(5)(i) of the Act)
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 270 - CLEAN AIR ACT PERMIT PROGRAM PROCEDURES › Subpart C - CAAPP APPLICATIONS › Section 270.307 - Agency Action on CAAPP Applications

Current through Register Vol. 48, No. 28, July 12, 2024
a) In accordance with Section 39.5(10) of the
				Act, the Agency shall issue or deny the CAAPP permit within 18 months after the
				date of receipt of the complete CAAPP application, with the following
				exceptions,
1) Permits for affected sources
				for acid deposition shall be issued or denied within 6 months after receipt of
				a complete application in accordance with Section 39.5(17) of the
				Act;
2) The Agency shall act on
				initial CAAPP applications within 24 months after the date of receipt of the
				complete CAAPP application; and
3)
				The Agency shall act on complete applications containing early reduction
				demonstrations under Section 112(i)(5) of the Clean Air Act within 9 months of
				receipt of the complete CAAPP application. (See Section 39.5(5)(j) of the
				Act)
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 270 - CLEAN AIR ACT PERMIT PROGRAM PROCEDURES › Subpart C - CAAPP APPLICATIONS › Section 270.308 - Requests for Exclusion from the CAAPP Due to Permanent Physical Constraints

Current through Register Vol. 48, No. 28, July 12, 2024
The owner operator of a CAAPP source that has been issued a
				  CAAPP permit and that has reduced its potential to emit to a level below the
				  major source threshold for each air pollutant emitted at the source, as defined
				  in Section 39.5(2) of the Act, may seek exclusion from the CAAPP. The owner or
				  operator of the source must request this exclusion from the Agency and
				  demonstrate that the source's potential to emit has been reduced to a level
				  below the major source threshold for each air pollutant emitted due to
				  permanent physical constraints.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 270 - CLEAN AIR ACT PERMIT PROGRAM PROCEDURES › Subpart D - CONTENTS OF CAAPP APPLICATIONS › Section 270.404 - Compliance Plan/Schedule of Compliance

Current through Register Vol. 48, No. 28, July 12, 2024
A CAAPP application shall contain a compliance plan/schedule
				  of compliance for all emission units at the source, regardless of the
				  compliance status of each emission unit, that contains the following:
a) A description of the compliance status of
				all emission units at the source with respect to all applicable requirements as
				follows:
1) For applicable requirements with
				which the source is in compliance at the time of application submittal, a
				statement that the source will continue to comply with such requirements during
				the permit term;
2) For applicable
				requirements that will become effective during the permit term, a statement
				that the source will achieve compliance with such requirements on a timely
				basis and will continue to comply with such requirements during the permit
				term;
3) For applicable
				requirements with which the source is not in compliance at the time of
				application submittal but will be in compliance prior to permit issuance, a
				statement that the source will achieve compliance prior to permit issuance and
				will continue to comply with such requirements during the permit term;
				and
4) For applicable requirements
				with which the source is not in compliance at the time of application submittal
				and will not be in compliance at the time of permit issuance, a narrative
				description of how the source will achieve compliance with such
				requirements;
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 270 - CLEAN AIR ACT PERMIT PROGRAM PROCEDURES › Subpart D - CONTENTS OF CAAPP APPLICATIONS › Section 270.405 - Compliance Certification

Current through Register Vol. 48, No. 28, July 12, 2024
A CAAPP application shall contain a compliance certification
				  that contains the following:
a) A
				certification of compliance with all applicable requirements except those
				identified, signed by a responsible official consistent with Section
				270.401(e)
				of this Part;
b) A statement of
				methods used for determining compliance, including a description of monitoring,
				record keeping, and reporting requirements and test methods;
c) A proposed schedule for submission of
				compliance certifications during the permit term, to be submitted no less
				frequently than annually, or more frequently if specified by the underlying
				applicable requirement or by the Agency; and
d) A statement indicating the source's
				compliance status with all applicable enhanced monitoring and compliance
				certification requirements of the Clean Air Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 270 - CLEAN AIR ACT PERMIT PROGRAM PROCEDURES › Subpart D - CONTENTS OF CAAPP APPLICATIONS › Section 270.406 - Operational Flexibility

Current through Register Vol. 48, No. 28, July 12, 2024
If the owner or operator of a CAAPP source desires a CAAPP
				  permit which contains terms and conditions allowing for the trading of
				  emissions increases and decreases at the CAAPP source solely for the purpose of
				  complying with a federally-enforceable emissions cap that is established in the
				  permit independent of otherwise applicable requirements, then the application
				  must contain such a request and include proposed replicable procedure and
				  permit terms (including reporting and record keeping procedures) that can be
				  placed in the permit to ensure that any proposed emissions trades are
				  quantifiable and enforceable.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 270 - CLEAN AIR ACT PERMIT PROGRAM PROCEDURES › Subpart D - CONTENTS OF CAAPP APPLICATIONS › Section 270.407 - Startup

Current through Register Vol. 48, No. 28, July 12, 2024
A request to exceed the standards or limitations of
				  Subchapter c of Chapter I of the Board's Air Pollution regulations (35 Ill.
				  Adm. Code 212 et seq.) during startup of an emission unit, if desired, must be
				  contained in the CAAPP application and shall include at a minimum a description
				  of the startup procedure, the duration and frequency of such startups, the
				  types and quantities of emissions during startup and the applicant's efforts to
				  minimize any such startup emissions, duration of individual startups and
				  frequency of startups, and all calculations used to determine the above
				  information. In no event shall permission be given to operate during startup
				  where such startup would result in an exceedance of the ambient air quality
				  standard. The Agency may grant permission to operate during startup in
				  accordance with 35 Ill. Adm. Code
				  201.262.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 270 - CLEAN AIR ACT PERMIT PROGRAM PROCEDURES › Subpart D - CONTENTS OF CAAPP APPLICATIONS › Section 270.408 - Malfunction or Breakdown

Current through Register Vol. 48, No. 28, July 12, 2024
A request to continue to operate an emission unit in excess
				  of the standards or limitations of Subchapter c of Chapter I of the Board's Air
				  Pollution regulations (35 Ill. Adm. Code 212 et seq.) during a malfunction or
				  breakdown of the emission unit or related air pollution control equipment, if
				  desired, must be contained in the CAAPP application and shall include, at a
				  minimum, a detailed explanation of why such continued operation will be
				  necessary; the nature of any anticipated malfunction or breakdown; emission
				  points and quantities of emissions which will occur during such continued
				  operation; the anticipated length of time during which such operation will
				  continue; all measures, such as use of off-shift labor or equipment, which will
				  be taken to minimize the quantity of air contaminant emissions and length of
				  time during which such operation will continue; and the calculations used to
				  determine the above information. The Agency may grant permission to operate
				  during a malfunction or breakdown in accordance with 35 Ill. Adm. Code
				  201.262.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 270 - CLEAN AIR ACT PERMIT PROGRAM PROCEDURES › Subpart D - CONTENTS OF CAAPP APPLICATIONS › Section 270.409 - Confidential Information

Current through Register Vol. 48, No. 28, July 12, 2024
If the applicant determines that certain submitted
				  information in the CAAPP application be held confidential, the applicant shall
				  mark and claim such information according to the Act and applicable
				  regulations.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 270 - CLEAN AIR ACT PERMIT PROGRAM PROCEDURES › Subpart D - CONTENTS OF CAAPP APPLICATIONS › Section 270.410 - Permit Shield

Current through Register Vol. 48, No. 28, July 12, 2024
The owner or operator of a CAAPP source seeking a permit
				  shield in its CAAPP permit pursuant to Section39.5(7)(j) of the Act shall
				  request such permit shield in the CAAPP application regarding that source. See
				  Section 39.5(5)(p) of the Act
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 270 - CLEAN AIR ACT PERMIT PROGRAM PROCEDURES › Subpart D - CONTENTS OF CAAPP APPLICATIONS › Section 270.411 - Accidental Releases

Current through Register Vol. 48, No. 28, July 12, 2024
The owner or operator of a CAAPP source shall certify in its
				  CAAPP application, if applicable, that it has registered its risk management
				  plan pursuant to Section 112(r) of the Clean Air Act or that it intends to
				  comply with such requirement in accordance with its compliance plan/schedule of
				  compliance.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 270 - CLEAN AIR ACT PERMIT PROGRAM PROCEDURES › Subpart D - CONTENTS OF CAAPP APPLICATIONS › Section 270.412 - MACT Determination

Current through Register Vol. 48, No. 28, July 12, 2024
The CAAPP application must contain a proposed determination
				  of maximum achievable control technology (MACT) for hazardous air pollutants
				  (HAPs) in accordance with Section 112 of the Clean Air Act, if
				  applicable.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 270 - CLEAN AIR ACT PERMIT PROGRAM PROCEDURES › Subpart D - CONTENTS OF CAAPP APPLICATIONS › Section 270.413 - Acid Rain

Current through Register Vol. 48, No. 28, July 12, 2024
a) A designated
				representative of an affected source for acid deposition shall submit a timely
				and complete phase II acid rain permit application and compliance plan to the
				Agency, not later than January 1, 1996, that meets the requirements of Titles
				IV and V of the Clean Air Act and regulations, in accordance with Section
				39.5(17) of the Act. (See Section 39.5(17)(b) of the Act)
b) A designated representative of an affected
				source for acid deposition shall submit a timely and complete Title IV NOx
				permit application to the Agency, not later than January 1, 1998, that meets
				the requirements of Titles IV and V of the Clean Air Act and its regulations,
				in accordance with Section 39.5(17) of the Act. (See Section 39.5(17)(e) of the
				Act)
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 270 - CLEAN AIR ACT PERMIT PROGRAM PROCEDURES › Subpart E - REOPENINGS › Section 270.501 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
The provisions of this Subpart shall apply only if:
a) The Agency determines that cause exists to
				reopen and revise a CAAPP permit, pursuant to Section 39.5(15)(a) of the Act;
				or
b) USEPA determines that cause
				exists to reopen and modify a CAAPP permit, pursuant to Section 39.5(16) of the
				Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 270 - CLEAN AIR ACT PERMIT PROGRAM PROCEDURES › Subpart E - REOPENINGS › Section 270.502 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart specifies the procedures for the reopening and
				  revision of a CAAPP permit initiated by the Agency or USEPA pursuant to Section
				  270.501 of this
				  Part. These procedures shall affect only those parts of a CAAPP permit for
				  which cause to reopen exists.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 270 - CLEAN AIR ACT PERMIT PROGRAM PROCEDURES › Subpart E - REOPENINGS › Section 270.503 - Reopenings Initiated by the Agency

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency shall reopen and revise a CAAPP
				permit for any of the following reasons:
1)
				Additional requirements under the Clean Air Act become applicable to a major
				CAAPP source for which three or more years remain on the original term of the
				permit. Such a reopening shall be completed not later than 18 months after the
				promulgation of the applicable requirement. No such revision is required if the
				effective date of the requirement is later than the date on which the permit is
				due to expire (See Section 39.5(16)(a)(i) of the Act)
2) Additional requirements (including excess
				emissions requirements) become applicable to an affected source for acid
				deposition under the acid rain program. Excess emissions offset plans shall be
				deemed to be incorporated into the permit upon approval by USEPA (See Section
				39.5(16)(a)(ii) of the Act);
3) The
				Agency or USEPA determines that the permit contains a material mistake or that
				inaccurate statements were made in establishing the emissions standards,
				limitations, or other terms or conditions of the permit (See Section
				39.5(16)(a)(iii) of the Act); or
4)
				The Agency or USEPA determines that the permit must be revised or revoked to
				assure compliance with the applicable requirements (See Section 39.5(16)(a)(iv)
				of the Act).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 270 - CLEAN AIR ACT PERMIT PROGRAM PROCEDURES › Subpart E - REOPENINGS › Section 270.504 - Reopenings Initiated by USEPA

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				If USEPA notifies the Agency and permittee that cause exists to modify a CAAPP
				permit, the Agency shall send to USEPA and the permittee a proposed
				determination of modification, with supporting information explaining the
				grounds for the proposed determination. The proposed determination shall be in
				accordance with the record, the Clean Air Act, regulations promulgated
				thereunder, the Act, and regulations promulgated thereunder. Such proposed
				determination shall not affect the permit or constitute a final permit action
				for purposes of the Act or the Administrative Review Law [625 ILCS 32 ]. (See
				Section 39.5(16)(a) of the Act)
b)
				The proposed determination and supporting information shall be sent to USEPA
				and the permittee within 90 days after receipt of USEPA's notification or 180
				days if USEPA has extended the period for response.
c) If USEPA objects to the proposed
				determination within 90 days after receipt, the Agency shall, within 90 days
				after receipt of such objection, resolve the objection and modify the CAAPP
				permit in accordance with USEPA's objection, based upon the record, the Clean
				Air Act, regulations promulgated thereunder, the Act, and regulations
				promulgated thereunder.
d) If USEPA
				does not object to the proposed determination within 90 days after receipt, the
				Agency shall, within seven days after receipt of USEPA's final approval or
				within seven days after expiration of the 90-day period, whichever is earlier,
				take final action in accordance with the Agency's proposed
				determination.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 270 - CLEAN AIR ACT PERMIT PROGRAM PROCEDURES › Subpart F - FEES › Section 270.602 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
The following terms are defined for purposes of this
				  Subpart.
"Active substitution unit" means an affected unit for acid
				  deposition that is designated as a Phase I unit in an approved substitution
				  plan pursuant to Section 404(c) of the Clean Air Act, excluding: a unit under
				  Section 410 of the Clean Air Act; a unit designated as a Phase I unit in a
				  reduced utilization plan, pursuant to Section 408(c)(1) of the Clean Air Act;
				  and a unit in a substitution plan that has been conditionally approved or
				  terminated.
"Regulated air pollutant" has the meaning given to it under
				  Section 39.5(1) of the Act but shall exclude:
1) Carbon monoxide;
2) Any Class I or Class II substance which is
				regulated solely because it is listed pursuant to Section 602 of the Clean Air
				Act;
3) Any pollutant that is a
				regulated air pollutant solely because it is subject to a standard or
				regulation under Section 112(r) of the Clean Air Act based on the emissions
				allowed in the permit effective in that calendar year, at the time the bill is
				generated; and
4) During the years
				1995 through 1999 inclusive, any emissions from affected sources for acid
				deposition pursuant to Section 408(c)(4) of the Clean Air Act, but not
				excluding emissions from any unit that is not either an active substitution
				unit or an affected unit for acid deposition at the affected source.