reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart D - PERMIT APPLICATIONS AND REVIEW PROCESS › Section 201.156 - Conditions

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency may impose such conditions in a construction
				  permit as may be necessary to accomplish the purposes of the Act, and as are
				  not inconsistent with the regulations promulgated by the Board thereunder.
				  Except as herein specified, nothing in this Chapter shall be deemed to limit
				  the power of the Agency in this regard. Such conditions may include conditions
				  specifying any testing operations that may be conducted under the construction
				  permit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart D - PERMIT APPLICATIONS AND REVIEW PROCESS › Section 201.157 - Contents of Application for Operating Permit

Current through Register Vol. 48, No. 28, July 12, 2024
An application for an operating permit must contain the data
				  and information specified in Section 201.152. Each application must list all
				  individual emission units and air pollution equipment for which a permit is
				  sought. Any applicant may seek to obtain from the Agency a permit for each
				  emission unit, or such emission units as are similar in design or principle of
				  operation or function, or for all emission units encompassed in an identifiable
				  operating unit, unless subject to the provisions of Section 201.169 of this
				  Subpart or required to obtain an operating permit with federal enforceable
				  conditions in compliance with Section 39.5 of the Act. To the extent that the
				  above specified data and information has previously been submitted to the
				  Agency in compliance with this Subpart, the data and information need not be
				  resubmitted, but the applicant must certify that the data and information
				  previously submitted remains true, correct and current. An application for an
				  operating permit must contain a description of the startup procedure for each
				  emission unit, the duration and frequency of 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.
				  The Agency may adopt procedures that require data and information in addition
				  to and in amplification of the matters specified in the first sentence of this
				  Section, that are reasonably designed to determine compliance with this Chapter
				  and ambient air quality standards, and that specify the format by which all
				  data and information must be submitted.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart D - PERMIT APPLICATIONS AND REVIEW PROCESS › Section 201.158 - Incomplete Applications

Current through Register Vol. 48, No. 28, July 12, 2024
An application shall not be deemed to be filed until the
				  applicant has submitted all information and completed application forms
				  required by Section
				  201.152
				  or
				  201.157
				  of this Subpart, whichever is applicable, and procedures adopted and effective
				  pursuant hereto. Provided, however, that if the Agency fails to notify the
				  applicant within 30 days after the filing of a purported application that the
				  application is incomplete and of the reasons the Agency deems it incomplete,
				  the application shall be deemed to have been filed as of the date of such
				  purported filing. The applicant may treat the Agency's notification that an
				  application is incomplete as a denial of the application for purposes of
				  review, pursuant to Section 40 of the Act [415 ILCS
				  5/40 ].
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart D - PERMIT APPLICATIONS AND REVIEW PROCESS › Section 201.159 - Signatures

Current through Register Vol. 48, No. 28, July 12, 2024
All applications and supplements thereto shall be signed by
				  the owner and operator of the source, or their authorized agent, and shall be
				  accompanied by evidence of authority to sign the application.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart D - PERMIT APPLICATIONS AND REVIEW PROCESS › Section 201.160 - Standards for Issuance

Current through Register Vol. 48, No. 28, July 12, 2024
a) No
				construction permit shall be granted unless the applicant submits proof to the
				Agency that:
1) The emission unit or air
				pollution control equipment will be constructed or modified to operate so as
				not to cause a violation of the Act or of this Chapter; and
2) If subject to a future compliance date,
				the applicant has an approved compliance program and project completion
				schedule in accordance with the provisions of Subpart H of this Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart D - PERMIT APPLICATIONS AND REVIEW PROCESS › Section 201.161 - Conditions

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency may impose such conditions in an operating permit
				  as may be necessary to accomplish the purposes of the Act, and as are not
				  inconsistent with the regulations promulgated by the Board thereunder. Except
				  as herein specified, nothing in this Chapter shall be deemed to limit the power
				  of the Agency in this regard. When deemed appropriate as a condition to the
				  issuance of an operating permit, the Agency may require that the permittee
				  adequately maintain the air pollution control equipment covered by the permit.
				  To assure that such a maintenance program is planned, the Agency may require
				  that the permittee have a maintenance program and keep such maintenance records
				  as are necessary to demonstrate compliance with this rule; provided, however,
				  the Agency shall not have the authority to approve the maintenance programs
				  required thereunder.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart D - PERMIT APPLICATIONS AND REVIEW PROCESS › Section 201.162 - Duration

Current through Register Vol. 48, No. 28, July 12, 2024
a) No operating
				permit shall be valid longer than ten years or such shorter period as the
				Agency may specify in the operating permit as necessary to accomplish the
				purposes of the Act and this Chapter, unless the source is subject to:
1) Section
				201.169
				of this Subpart; or
2) Section 39.5
				of the Act, except for sources exempt pursuant to Section 39.5(1.1).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart D - PERMIT APPLICATIONS AND REVIEW PROCESS › Section 201.163 - Joint Construction and Operating Permits

Current through Register Vol. 48, No. 28, July 12, 2024
In cases where the Agency determines that an emission unit or
				  air pollution control equipment is sufficiently standard so as to obviate the
				  need for separate construction and operating permits, the Agency may issue a
				  joint construction and operating permit. The Agency may adopt procedures that:
				  set forth the circumstances under which joint construction and operating
				  permits may be issued; require data and information designed to determine
				  compliance with this Chapter and ambient air quality standards; and set forth
				  the format by which all data and information shall be submitted. The standards
				  for issuance of joint construction and operating permits shall be as set forth
				  in Section
				  201.160.
				  Except as herein provided, nothing in this Chapter shall be deemed to limit the
				  power of the Agency in this regard. The term "operating permit" as used
				  elsewhere in this Chapter shall be deemed to include a joint construction and
				  operating permit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart D - PERMIT APPLICATIONS AND REVIEW PROCESS › Section 201.164 - Design Criteria

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Agency may adopt procedures that set forth criteria for the design, operation
				or maintenance of emission units and air pollution control equipment. These
				procedures shall be revised from time to time to reflect current engineering
				judgment and advances in the state of the art.
b) Before adopting new criteria or making
				substantive changes to any criteria adopted by the Agency, the Agency shall:
1) Publish a summary of the proposed changes
				in the Environmental Register or a comparable publication at the Agency's
				expense; and
2) Provide a copy of
				the full text of the proposed changes to any person who in writing so requests;
				and
3) Defer adoption of the
				changes for 45 days from the date of publication to allow submission and
				consideration of written comments on the proposed changes.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart D - PERMIT APPLICATIONS AND REVIEW PROCESS › Section 201.165 - Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency may
				conduct hearings, prior to issuing a permit pursuant to this Chapter, to
				determine whether an applicant has submitted proof that the emission source or
				air pollution control equipment is or will be in compliance with every rule of
				this Chapter.
b) The Agency shall
				adopt procedural regulations for the conduct of such hearings.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart D - PERMIT APPLICATIONS AND REVIEW PROCESS › Section 201.166 - Revocation

Current through Register Vol. 48, No. 28, July 12, 2024
Violation of any of the conditions of a permit, or the
				  failure to comply with any rule or regulation of this Chapter, shall be grounds
				  for revocation of the permit, as well as for other sanctions provided in the
				  Act. Such sanctions shall be sought by filing a complaint with the
				  Board.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart D - PERMIT APPLICATIONS AND REVIEW PROCESS › Section 201.167 - Revisions to Permits

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency may revise any permit issued pursuant to Subpart D
				  or any condition contained in such permit, as follows:
a) Upon reapplication by the permittee;
				or
b) Upon the revision of the Act
				or this Chapter.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart D - PERMIT APPLICATIONS AND REVIEW PROCESS › Section 201.168 - Appeals from Conditions

Current through Register Vol. 48, No. 28, July 12, 2024
An applicant may consider any condition imposed by the Agency
				  in a permit as a refusal by the Agency to grant a permit, which shall entitle
				  the applicant to appeal the Agency's decision to the Board pursuant to Section
				  40 of the Act [415 ILCS
				  5/40 ].
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart D - PERMIT APPLICATIONS AND REVIEW PROCESS › Section 201.169 - Special Provisions for Certain Operating Permits

Current through Register Vol. 48, No. 28, July 12, 2024
a) Applicability:
1) Operating permits issued pursuant to
				Section 39 of the Act for sources of air pollution that are not subject to the
				requirements of Section 39.5 of the Act and are not required to have a
				federally enforceable State operating permit are subject to the provisions of
				this Section.
2) This Section only
				applies to sources that meet the requirements of subsection (a)(1) above and
				whose permit has not expired pursuant to a renewal request under subsection
				(b)(2) of this Section. If this Section no longer applies to a source and its
				permit has not expired pursuant to a renewal request under subsection (b)(2) of
				this Section, the terms and conditions of the permit shall remain in effect
				until the permit is superseded by a new or revised permit or is
				withdrawn.
3) Nothing in this
				Subpart shall be construed as exempting persons with permits issued pursuant to
				this Section from the requirements of Section
				201.142
				of this Part requiring a construction permit or from review under Part 203
				procedures for new and modified emission units.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart D - PERMIT APPLICATIONS AND REVIEW PROCESS › Section 201.170 - Portable Emission Units

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
				emission unit is portable provided that the emission unit meets the following
				criteria.
1) Emissions from the emission unit
				are expected to occur for less than one year at any one site.
2) The emission unit of air pollution is
				subject to the requirements of Section
				201.169
				of this Subpart.
3) The emission
				unit or group of emission units that will be changing sites is permitted to
				emit less than 25 tons per year of any combination of regulated air
				pollutants.
4) The emission unit is
				mounted on a chassis or skids and is designed to be moveable.
5) The emission unit is not used as a thermal
				desorption system pursuant to 35 Ill. Adm. Code 728. Table F or as an
				incinerator system.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart D - PERMIT APPLICATIONS AND REVIEW PROCESS › Section 201.175 - Registration of Smaller Sources (ROSS)

Current through Register Vol. 48, No. 28, July 12, 2024
a) An owner or operator of an eligible source
				shall annually register with the Agency instead of complying with the
				requirement to obtain an air pollution construction or operating permit under
				the Act or complying with a permit issued under Section
				201.169.
				The owner and operator of a ROSS source are still subject to all applicable
				environmental statutes and regulations. The source must meet all of the
				following criteria to be an eligible source:
1) Pursuant to Section 9.14 of the Act:
A) The source must not be required to obtain
				a permit pursuant to the Clean Air Act Permit Program, or federally enforceable
				State operating permit program, or under regulations promulgated pursuant to
				Section 111 or 112 of the Clean Air Act;
B) USEPA has not otherwise determined that a
				permit is required;
C) The source
				emits less than an actual 5 tons per year of combined particulate matter,
				carbon monoxide, nitrogen oxides, sulfur dioxide, and volatile organic material
				air pollutant emissions;
D) The
				source emits less than an actual 0.5 tons per year of combined hazardous air
				pollutant emissions;
E) The source
				emits less than an actual 0.05 tons per year of lead air emissions;
F) The source emits less than an actual 0.05
				tons per year of mercury air emissions; and
G) The source does not have an emission unit
				or source subject to a standard pursuant to 40 CFR 61 (Maximum Achievable
				Control Technology) or 40 CFR 63 (National Emissions Standards for Hazardous
				Air Pollutants), other than those regulations that USEPA has categorized as
				"area source."
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart F - CAAPP PERMITS › Section 201.207 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart shall apply only to sources subject to Section
				  39.5 of the Act. The requirements of Sections
				  201.143
				  through
				  201.148
				  of Subpart C, Sections
				  201.157
				  through
				  201.165 and
				  201.169
				  of Subpart D, and Subparts G and H of this Part shall not apply to a source
				  subject to the requirements of Section 39.5 of the Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart F - CAAPP PERMITS › Section 201.208 - Supplemental Information

Current through Register Vol. 48, No. 28, July 12, 2024
Notwithstanding Sections
				  201.210,
				  201.211,
				  and
				  201.212,
				  an applicant for a CAAPP permit shall supplement its application with any
				  information for an emission unit of the source that is needed to determine the
				  applicability of any applicable requirement or to set forth in a permit any
				  applicable requirement, when such information is requested by the Agency,
				  pursuant to Section 39.5(5)(g) of the Act, or when the applicant becomes aware
				  that such information has not been submitted or that incorrect information has
				  been submitted, pursuant to 39.5(5)(i) of the Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart F - CAAPP PERMITS › Section 201.209 - Emissions of Hazardous Air Pollutants

Current through Register Vol. 48, No. 28, July 12, 2024
a) For the purposes of establishing whether
				an emission unit qualifies as an insignificant activity and providing emission
				data for an emission unit in a CAAPP application, an applicant may presume that
				an emission unit does not emit an air pollutant listed as hazardous pursuant to
				Section 112(b) of the Clean Air Act if:
1) Raw
				material, other than fuel, for the emission unit contains a concentration by
				weight of such pollutant that is equal to or less than the following:
A)0.01 percent by weight for the following
				pollutants if more than 1 ton of the raw material is used annually: alkylated
				lead compounds, polycyclic organic matter, hexachloro benzene, mercury,
				polychlorinated biphenyls, 2,3,7,8-tetrachlorodibenzofurans, and
				2,3,7,8-tetrachloridibenzo-p-dioxin; or
B)0.01 percent by weight for pollutants other
				than those in subsection (a)(1)(A) above if more than 1,000 tons of the raw
				material are used annually; or
C)0.1 percent by weight for pollutants other
				than those addressed in subsection (a)(1)(A) or (B) above.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart F - CAAPP PERMITS › Section 201.211 - Application for Classification as an Insignificant Activity

Current through Register Vol. 48, No. 28, July 12, 2024
a) An owner or
				operator of a CAAPP source may propose to the Agency in its CAAPP application
				that an emission unit at the source be treated as an insignificant activity
				consistent with Section
				201.210
				of this Part, provided the emission unit meets the following criteria and the
				owner or operator provides the information required in subsection (b) below
				regarding the emission unit:
1) The emission
				unit would not emit more than 1.0 lb/hr of any regulated air pollutant not
				listed as hazardous pursuant to Section 112(b) of the Clean Air Act in the
				absence of air pollution control equipment;
2) The emission unit would not emit more than
				0.1 lb/hr of any regulated air pollutant that is listed as hazardous pursuant
				to Section 112(b) of the Clean Air Act in the absence of air pollution control
				equipment; and
3) The emission unit
				is not a process unit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart F - CAAPP PERMITS › Section 201.212 - Revisions to Lists of Insignificant Activities or Emission Levels

Current through Register Vol. 48, No. 28, July 12, 2024
a) The owner or
				operator of a CAAPP source is not required to notify the Agency of additional
				insignificant activities present at the source of a type that were previously
				listed in its CAAPP application pursuant to Section
				201.210(a)
				or
				201.211
				of this Part, until its renewal CAAPP application is submitted.
b) The owner or operator of a CAAPP source
				seeking to add a new insignificant activity of a type provided under Section
				201.210(a)
				or
				201.211
				of this Part that was not previously listed in its CAAPP application must
				notify the Agency pursuant to Section 39.5(12)(b) of the Act.
c) The owner or operator of a CAAPP source is
				not required to notify the Agency of additional insignificant activities
				present at the source of a type that were previously listed in its CAAPP
				application pursuant to Section
				201.210(b)
				of this Part or any new insignificant activities of a type provided under
				Section
				201.210(b)
				of this Part that were not previously listed in its CAAPP application, until
				its renewal CAAPP application is submitted.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart H - COMPLIANCE PROGRAMS AND PROJECT COMPLETION SCHEDULES › Section 201.241 - Contents of Compliance Program

Current through Register Vol. 48, No. 28, July 12, 2024
A compliance program shall contain, as a minimum, the
				  following data and information: the nature and/or type of the proposed air
				  pollution control equipment or proposed air pollution control technique which
				  has been chosen to achieve compliance; the cost, availability and technical
				  reasonableness of the proposed air pollution control equipment or proposed air
				  pollution control technique, including detailed cost analyses and copies of
				  engineering reports or studies sufficient to prove to the Agency that the
				  compliance program will result in compliance with applicable standards and
				  limitations of Subchapter c of this Chapter.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart H - COMPLIANCE PROGRAMS AND PROJECT COMPLETION SCHEDULES › Section 201.242 - Contents of Project Completion Schedule

Current through Register Vol. 48, No. 28, July 12, 2024
a) A project completion schedule shall
				contain, as a minimum, the following data and information: a final compliance
				date, which date shall be no later than the applicable date prescribed in
				Subchapter c of this Chapter; and reasonable interim dates by which various
				increments of the proposed compliance program shall be completed, such as dates
				when contracts will be awarded, dates for equipment delivery and dates for
				construction of preliminary structural work.
b) The Agency may adopt procedures which
				require data and information in addition to and in amplification of the matters
				specified in subsection (a), and which set forth the format by which all data
				and information shall be submitted.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart H - COMPLIANCE PROGRAMS AND PROJECT COMPLETION SCHEDULES › Section 201.243 - Standards for Approval

Current through Register Vol. 48, No. 28, July 12, 2024
No compliance program and project completion schedule shall
				  be approved unless the applicant submits proof to the Agency that:
a) The compliance program will result in
				timely compliance with the applicable standards and limitations of Subchapter c
				of this Chapter; and
b) The owner
				or operator has provided adequate proof that it is committed to the compliance
				program or project completion schedule, including, in the case of a
				corporation, certification by a duly authorized officer of such corporation
				that such corporation approves each and every provision of such program and of
				such schedule.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart H - COMPLIANCE PROGRAMS AND PROJECT COMPLETION SCHEDULES › Section 201.244 - Revisions

Current through Register Vol. 48, No. 28, July 12, 2024
The owner or operator of an emission source or air pollution
				  control equipment subject to an approved compliance program and project
				  completion schedule may request a revision of such program or schedule at any
				  time. In addition, the Agency may require a revision upon any change in the Act
				  or this Chapter. The Agency shall not approve any revision which contains a
				  final compliance date later than the applicable date prescribed in Subchapter c
				  of this Chapter.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart H - COMPLIANCE PROGRAMS AND PROJECT COMPLETION SCHEDULES › Section 201.245 - Effects of Approval

Current through Register Vol. 48, No. 28, July 12, 2024
The approval of a compliance program and project completion
				  schedule shall be a condition precedent to the issuance and effectiveness of a
				  permit pursuant to Subpart D. An approved compliance program and project
				  completion schedule, and full compliance therewith, and a current operating
				  permit, shall be a prima facie defense to any enforcement action alleging a
				  violation of the standards or limitations set forth in Subchapter c of this
				  Chapter with respect to any air contaminant included in such program and
				  schedule during the period of the program. Failure to adhere to an approved
				  compliance schedule shall constitute a violation of this Part for which
				  appropriate sanctions may be sought in accordance with the
				  Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart H - COMPLIANCE PROGRAMS AND PROJECT COMPLETION SCHEDULES › Section 201.246 - Records and Reports

Current through Register Vol. 48, No. 28, July 12, 2024
Any person subject to this Subpart shall maintain such
				  records and make such reports as may be required in procedures adopted by the
				  Agency pursuant to Subpart K.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart H - COMPLIANCE PROGRAMS AND PROJECT COMPLETION SCHEDULES › Section 201.247 - Submission and Approval Dates

Current through Register Vol. 48, No. 28, July 12, 2024
The owner or operator of an emission source required to have
				  a compliance plan and project completion schedule shall have a compliance plan
				  and a project completion schedule, where applicable, approved by the Agency by
				  the dates indicated in Subchapter c of this Chapter. A compliance plan and
				  project completion schedule, where applicable, shall be submitted at least 90
				  days before the date required in Subchapter c of this
				  Chapter.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart I - MALFUNCTIONS, BREAKDOWNS OR STARTUPS (REPEALED) › Section 201.261 - Contents of Request for Permission to Operate During a Malfunction, Breakdown or Startup (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart I - MALFUNCTIONS, BREAKDOWNS OR STARTUPS (REPEALED) › Section 201.262 - Standards for Granting Permission to Operate During a Malfunction, Breakdown or Startup (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart I - MALFUNCTIONS, BREAKDOWNS OR STARTUPS (REPEALED) › Section 201.265 - Effect of Granting of Permission to Operate During a Malfunction, Breakdown or Startup (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart J - MONITORING AND TESTING › Section 201.281 - Permit Monitoring Equipment Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
Except as otherwise provided at Subpart L of this Part, every
				  emission source or air pollution control equipment shall be equipped with such
				  monitoring instruments as may be required as a condition to a permit issued by
				  the Agency. The permit may require that such monitoring instruments be
				  continuous or intermittent. Such monitoring instruments shall be installed,
				  maintained and operated at the expense of the owner or operator of the emission
				  source or air pollution control equipment. A permit condition to monitor is
				  appealable to the Board pursuant to Section 40 of the Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart J - MONITORING AND TESTING › Section 201.282 - Testing

Current through Register Vol. 48, No. 28, July 12, 2024
Every emission source or air pollution control equipment
				  shall be subject to the following testing requirements for the purpose of
				  determining the nature and quantities of specified air contaminant emissions
				  and for the purpose of determining ground level and ambient air concentrations
				  of such air contaminants:
a) Testing
				by Owner or Operator. The Agency may require the owner or operator of the
				emission source or air pollution control equipment to conduct such tests in
				accordance with procedures adopted by the Agency, at such reasonable times as
				may be specified by the Agency and at the expense of the owner or operator of
				the emission source or air pollution control equipment. The Agency may adopt
				procedures detailing methods of testing and formats for reporting results of
				testing. Such procedures, and revisions thereto, shall not become effective
				until filed with the Secretary of State, as required by the APA Act. All such
				tests shall by made by or under the direction of a person qualified by training
				and/or experience in the field of air pollution testing. The Agency shall have
				the right to observe all aspects of such tests.
b) Testing by the Agency. The Agency shall
				have the right to conduct such tests at any time at its own expense. Upon
				request of the Agency, the owner or operator of the emission source or air
				pollution control equipment shall provide, without charge to the Agency,
				necessary holes in stacks or ducts and other safe and proper testing
				facilities, including scaffolding, but excluding instruments and sensing
				devices, as may be necessary.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart J - MONITORING AND TESTING › Section 201.283 - Records and Reports

Current through Register Vol. 48, No. 28, July 12, 2024
Any person subject to this Subpart shall maintain such
				  records and make such reports as may be required in procedures adopted by the
				  Agency pursuant to Subpart K.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart K - RECORDS AND REPORTS › Section 201.301 - Records

Current through Register Vol. 48, No. 28, July 12, 2024
The owner or operator of any emission source or air pollution
				  control equipment must maintain: records detailing all activities under any
				  compliance program and project completion schedule in compliance with Subpart
				  H; records of all monitoring and testing conducted in compliance with Subpart
				  J, plus records of all monitoring and testing of any type whatsoever conducted
				  with respect to specified air contaminants. All records must be made available
				  to the Agency at any reasonable time.
a) The Agency may adopt procedures which:
1) Require additional records be maintained
				consistent with this Part; and
2)
				Specify the format in which all records must be maintained.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart K - RECORDS AND REPORTS › Section 201.302 - Reports

Current through Register Vol. 48, No. 28, July 12, 2024
a) The owner or
				operator of any emission unit or air pollution control equipment meeting the
				applicability criteria contained in 35 Ill. Adm. Code
				254.102 shall
				submit to the Agency as a minimum, annual reports detailing the nature,
				specific emission units and total annual quantities of all specified air
				contaminant emissions; provided, however, that the Agency may require more
				frequent reports when necessary to accomplish the purposes of the Act and this
				Chapter.
b) The Agency may adopt
				procedures which require that additional reports be submitted, and which set
				forth the format in which all reports shall be submitted. Such procedures and
				formats, and revisions thereto, shall not become effective until filed with the
				Secretary of State as required by the Illinois Administrative Procedure
				Act.
c) All emission data received
				by the Agency, shall be available for public inspection at reasonable times and
				upon reasonable notice.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart L - CONTINUOUS MONITORING › Section 201.401 - Continuous Monitoring Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as otherwise provided at Section
				201.402
				and Section
				201.403, the
				owners and operators of the following emission sources shall install, operate,
				calibrate and maintain continuous monitoring equipment for the indicated
				pollutants.
1) Fossil fuel-fired steam
				generators with an annual average capacity factor greater than 30%, as reported
				to the Federal Power Commission for calendar year 1974, or as otherwise
				demonstrated to the Agency through the use of annual production data and
				equipment rating information representative of the facility's operations, shall
				monitor for:
A) Opacity, when the steam
				generator is greater than 250 million Btu per hour heat input unless:
i) Gas is the only fuel burned; or
ii) Oil or a mixture of gas and oil are the
				only fuels burned and the source can comply with the limitations applicable to
				that source for particulate matter and opacity without use of collection
				equipment for particulate matter and the source has never been found to be in
				violation of an applicable visible or particulate emission standard through any
				administrative or judicial proceedings.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart L - CONTINUOUS MONITORING › Section 201.402 - Alternative Monitoring

Current through Register Vol. 48, No. 28, July 12, 2024
Alternative monitoring requirements for sources subject to
				  Section
				  201.401(a)
				  shall be prescribed by permit upon a demonstration by the owner or operator
				  that continuous monitoring is technically unreasonable or infeasible due to
				  physical plant limitations or would impose an extreme economic burden. It shall
				  be demonstrated that the installation, location or operation of a continuous
				  monitoring system or device:
a) Would
				not provide accurate determinations of nitrogen dioxide, sulfur dioxide, carbon
				dioxide, percent oxygen, or opacity; or
b) Cannot be installed due to the facility's
				physical constraints such as size, space or strength of materials, or due to
				safety considerations; or
c) Would
				impose an extreme economic burden in proportion to the significance of the
				monitoring information which would be provided, in that the cost of monitoring
				would exceed the norm for similar sources and those costs would have a
				significant adverse effect on the profitability of the operations.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart L - CONTINUOUS MONITORING › Section 201.403 - Exempt Sources

Current through Register Vol. 48, No. 28, July 12, 2024
The following emission sources are exempt from the
				  requirements of this Subpart:
a) Any
				source subject to monitoring requirements which are part of a new source
				performance standard adopted by USEPA pursuant to Section 111 of the Clean Air
				Act and made applicable in Illinois pursuant to Section 9.1 of the Act;
				or
b) Any source not subject to
				either the generally applicable emission limitation established pursuant to the
				Act or Board regulation or an alternative, adjusted or site specific standard
				approved by the Board.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart L - CONTINUOUS MONITORING › Section 201.404 - Monitoring System Malfunction

Current through Register Vol. 48, No. 28, July 12, 2024
The monitoring and recording requirements of this Subpart
				  shall not be applicable during any period of a monitoring system or device
				  malfunction if demonstrated by the owner or operator of the source that the
				  malfunction was unavoidable and is being repaired as expeditiously as
				  practicable. This demonstration may include, but is not limited to, evidence
				  that the device has been properly calibrated and maintained, adequate spare
				  parts are on hand, and trained technicians are available to make
				  repairs.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart L - CONTINUOUS MONITORING › Section 201.405 - Excess Emission Reporting

Current through Register Vol. 48, No. 28, July 12, 2024
Owners and operators of sources subject to the continuous
				  monitoring requirements of this Subpart shall report the following
				  information:
a) For periods of
				emissions in excess of any emission limitation applicable to the source adopted
				by the Board:
1) The starting date and time
				of the excess emissions;
2) The
				duration of the excess emissions;
3) The magnitude of excess
				emissions;
4) The cause of the
				excess emissions, if known;
5)
				Corrective actions and actions taken to lessen the emissions;
6) The operating status of the monitoring
				system, including the dates and times of any periods during which it was
				inoperative; and
7) Other
				information, including but not limited to, monitoring location, monitoring
				maintenance records and source operating hours, which the Agency may require by
				permit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart L - CONTINUOUS MONITORING › Section 201.406 - Data Reduction

Current through Register Vol. 48, No. 28, July 12, 2024
To convert monitoring data to the units of the emission
				  limitation, owners and operators of sources subject to this Subpart shall
				  use:
a) The procedures specified in 35
				Ill. Adm. code 230 or in regulations adopted by the U.S. Environmental
				Protection Agency under Section 111 of the Clean Air Act and made applicable in
				Illinois pursuant to Section 9.1 of the Illinois Environmental Protection Act;
				or where necessary
b) The
				procedures specified in 40 CFR 51, Appendix P, paragraph 5 (1987). This
				incorporation includes no later amendments or editions; or
c) Alternative measurement and data reduction
				methods may be utilized if demonstrated by the owner or operator of the
				affected source by means including, but not limited to, instrument accuracy
				tests that such alternative methods will provide information equivalent to the
				information which would be provided by the above methods.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart L - CONTINUOUS MONITORING › Section 201.407 - Retention of Information

Current through Register Vol. 48, No. 28, July 12, 2024
Owners and operators of sources which are subject to the
				  monitoring and recording requirements of this Subpart shall maintain files of
				  emission information at the facility and make the information available to the
				  Agency upon request. This information shall be retained for at least two years
				  from the date of collection, and shall include:
a) Emission measurements;
b) Continuous monitoring system performance
				testing measurements;
c)
				Performance evaluations;
d)
				Calibration checks;
e) Maintenance
				and adjustments performed;
f)
				Quarterly reports submitted pursuant to Section
				201.405;
				and
g) Data reduction information
				used pursuant to Section
				201.406.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart L - CONTINUOUS MONITORING › Section 201.408 - Compliance Schedules

Current through Register Vol. 48, No. 28, July 12, 2024
Owners and operators of sources subject to Section
				  201.401
				  shall install all necessary equipment and monitor in accordance with the
				  compliance schedule contained in the permit issued by the Agency. This schedule
				  shall provide that monitoring and recording begin within 18 months of this
				  Subpart being approved by the USEPA pursuant to Section 110(a)(3)(A) of the
				  Clean Air Act as a revision to the State Implementation Plan, unless the owner
				  or operator has been granted a variance pursuant to Section 35(a) of the Act
				  allowing a longer compliance schedule.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart M - PERMIT BY RULE (PBR) - GENERAL PROVISIONS › Section 201.500 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Subpart is to implement the PBR program
				  provided for in Section 39.12 of the Act for classes of emission units
				  described in this and following Subparts that address specific types of units
				  covered by the PBR program. By fulfilling all the applicable requirements of
				  this Subpart and the applicable Subpart for the specific type of emission unit,
				  an owner or operator of a source seeking a PBR for an emission unit is
				  considered to have met the requirement to submit an application for a
				  construction permit and obtain such a construction permit pursuant to Section
				  9(b) of the Act and 35 Ill. Adm. Code
				  201.142,
				  201.152,
				  and
				  201.160(a).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart M - PERMIT BY RULE (PBR) - GENERAL PROVISIONS › Section 201.505 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) An owner or
				operator of a source is eligible to obtain a PBR for a proposed new or modified
				emission unit if:
1) The proposed emission
				unit will be located at a CAAPP source that has a CAAPP permit pursuant to
				Section 39.5 of the Act;
2) There
				is a PBR that has been adopted and become effective within this Part that is
				applicable to the proposed emission unit;
3) The proposed emission unit, either alone
				or as part of a larger project, is not subject to any pre-construction
				permitting requirements for a major new source or major modification pursuant
				to
				40 CFR
				52.21 or Section
				9.1(c)
				of the Act, including 35 Ill. Adm. Code 203 and any other regulations adopted
				pursuant to Section 9.1(c) of the Act; and
4) The proposed emission unit is not an
				element in a larger project that otherwise requires a construction permit
				pursuant to this Part or the Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart M - PERMIT BY RULE (PBR) - GENERAL PROVISIONS › Section 201.515 - Commencing Construction or Modification

Current through Register Vol. 48, No. 28, July 12, 2024
a) For the emission unit addressed by a
				complete Notification, the owner or operator of the source may commence
				construction or modification after submittal of a complete Notification in
				accordance with Section 201.510.
b)
				If the submitted Notification is incomplete, the emission unit is not covered
				by a PBR and the owner or operator has not met the requirement to submit an
				application for a construction permit and to obtain the construction permit
				pursuant to Section 9(b) of the Act and 35 Ill. Adm. Code
				201.142,
				201.152,
				and
				201.160(a).
				The owner or operator of the source may not commence construction or
				modification of the emission unit until it has submitted a complete
				Notification to the Agency in accordance with Section 201.510 or received a
				construction permit issued by the Agency.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart M - PERMIT BY RULE (PBR) - GENERAL PROVISIONS › Section 201.520 - Modification or Change in Status of an Emission Unit Covered by a PBR

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the owner or
				operator proposes to modify an emission unit covered by a PBR, the owner or
				operator of the source must submit a new Notification for a PBR or obtain a
				construction permit for the modification pursuant to this Part and the Act, as
				applicable.
b) If a proposed
				modification of the source at which an emission unit covered by a PBR is
				located will cause the source to become a major source of HAPs as defined in
				Section 39.5(2)(c)(i) of the Act, the owner or operator must submit a new
				Notification for a PBR for the emission unit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart M - PERMIT BY RULE (PBR) - GENERAL PROVISIONS › Section 201.525 - Standard Conditions for PBR

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Duration. A PBR will expire one year from the date of submittal of the complete
				Notification unless a continuous program of construction on this project has
				commenced by that time.
b) The
				construction covered by a PBR must be performed in compliance with applicable
				provisions of the PBR, the Act, and regulations adopted by the Board.
c) The owner or operator of the emission unit
				must comply with all applicable requirements of Subpart M and the applicable
				PBR Subpart.
d) The owner or
				operator of the emission unit must submit an updated Fee Determination for
				CAAPP Permit form prior to commencing operation of the proposed emission unit
				if there is an increase in allowable emissions over the existing permitted
				allowable emissions for fee purposes as a result of the construction or
				modification of the emission unit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 201 - PERMITS AND GENERAL PROVISIONS › Subpart M - PERMIT BY RULE (PBR) - GENERAL PROVISIONS › Section 201.535 - Authority to Operate

Current through Register Vol. 48, No. 28, July 12, 2024
For eligible emission units under Section 201.505, the owner
				  or operator of a proposed emission unit must submit a complete application to
				  the Agency for a minor modification to the CAAPP permit for the source to
				  address the emission unit, pursuant to Section 39.5(14) of the Act, before the
				  emission unit begins operation. The application for minor permit modification
				  must address all applicable requirements contained in this Subpart M, the
				  applicable PBR Subpart, and Section 39.5(14) of the Act. Pursuant to Section
				  39.5(14)(a)(vi) of the Act, the owner or operator may begin operating the
				  emission unit immediately after it files the application. Until the Agency
				  takes any of the actions specified in Section 39.5(14)(a)(v)(A) through (C) of
				  the Act, the owner or operator must comply with both the applicable
				  requirements governing the emission unit and the proposed terms and conditions
				  of the suggested draft of the modified CAAPP permit in the application,
				  pursuant to Section 39.5(14)(a)(iii)(B) of the Act.