TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.100 EFFECTIVE DATES
Section 203.100 Effective Dates
a) Subparts
I through R of this Part do not apply until the effective date of the full approval
of all of those Subparts by the United States Environmental Protection Agency
(USEPA) as a revision to the Illinois State Implementation Plan.
b) On the effective date of the full approval
of Subparts I through R of this Part by the USEPA as part of Illinois' State
Implementation Plan, the permitting and operation of projects that began actual
construction or may begin actual construction before this date shall continue
to be in compliance with Subparts A through H of this Part.
(Source: Added
at 49 Ill. Reg. 6237, effective April 23, 2025)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.101 DEFINITIONS
Section 203.101 Definitions
Unless otherwise specified
within this Part, the definitions of terms used in this Part shall be the same
as those used in the Pollution Control Board (Board) Rules and Regulations 35
Ill. Adm. Code 201 and 211.
(Source: Amended at 17 Ill. Reg. 6973, effective April 30, 1993)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.103 ACTUAL CONSTRUCTION
Section 203.103 Actual
Construction
"Actual Construction"
means in general, initiation of physical on-site construction activities on an
emissions unit which are of a permanent nature. Such activities include, but
are not limited to, installation of building supports and foundations, laying
of underground pipework, and erection of permanent storage structures. With
respect to a change in method of operation, this term refers to those on-site
activities other than preparatory activities which mark the initiation of the
change.
(Source: Added at 12 Ill. Reg. 6118, effective March 22, 1988)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.104 ACTUAL EMISSIONS
Section 203.104 Actual
Emissions
"Actual Emissions"
means the actual rate of annual emissions of a pollutant from an emissions unit
as of a particular date. Actual emissions are equal to the average rate, in
tons per year, at which the emissions unit actually emitted the pollutant
during the two-year period which immediately precedes the particular date or
such other period which is determined by the Illinois Environmental Protection
Agency (Agency) to be representative of normal source operation. Actual
emissions shall be calculated using the unit's actual operating hours,
production rates, and types of materials processed, stored or combusted during
the selected time period; however:
a) The Agency shall allow the use of a different time period upon
a demonstration by the applicant to the Agency that the time period is more
representative of normal source operation. Such demonstration may include, but
need not be limited to, operating records or other documentation of events or
circumstances indicating that the preceding two years is not representative of
normal source operations.
b) The Agency may presume in the absence of reliable data on
actual emissions that the source-specific allowable emissions for the emissions
unit are equivalent to the actual emissions of the emissions unit.
c) For any emissions unit which has not begun normal operations
on the particular date, the Agency shall presume that the potential to emit of
the emissions unit is equivalent to the actual emissions on that date.
(Source: Amended at 12 Ill. Reg. 6118, effective March 22, 1988)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.107 ALLOWABLE EMISSIONS
Section 203.107 Allowable
Emissions
a) "Allowable emissions" means the emission rate of a
stationary source calculated using the maximum rated capacity of the source
(unless the source is subject to federally enforceable permit conditions or
other such federally enforceable limits which restrict the operating rate, or
hours of operation, or both) and the most stringent of the following:
1) Any applicable standards adopted by the United States
Environmental Protection Agency (USEPA) pursuant to Sections 111 and 112 of the
Clean Air Act (42 U.S.C. 7401, et seq.) and made applicable in Illinois
pursuant to Section 9.1 of the Environmental Protection Act (Act) (Ill. Rev.
Stat. 1991, ch. 111½, pars. 1001 et seq.) [415 ILCS 5/1 et seq.];
2) The applicable emission standards or limitations contained in
this Chapter and approved by USEPA pursuant to Section 110(a)(2) or 110 (a)(3)
of the Clean Air Act, including those standards or limitations with a future
compliance date and any other emission standard or limitation enforceable under
the Environmental Protection Act or by the USEPA under Section 113 of the Clean
Air Act; or
3) The emissions rate specified as a federally enforceable permit
condition including those emissions rates with a future compliance date.
b) The allowable emissions may be based on a federally
enforceable permit condition limiting material or fuel throughput.
c) If a source is not subject to an emission standard described
in subsection (a) above and is not subject to a permit condition described in
subsection (b), the allowable emissions shall be the source's potential to
emit.
(Source: Amended at 17 Ill. Reg. 6973, effective April 30, 1993)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.110 AVAILABLE GROWTH MARGIN
Section 203.110 Available
Growth Margin
"Available growth
margin" means the portion which remains of any emission allowance for new
or modified major stationary sources expressly identified in the attainment
demonstration approved by the United States Environmental Protection Agency under
Section 172(c)(4) of the Clean Air Act (42 U.S.C. 7502(c)(4)) for a particular
pollutant and area in a zone (within a nonattainment area) to which economic
development should be targeted, in accordance with Section 173(a)(1)(B) of the
Clean Air Act (42 U.S.C. 7503(a)(1)(B)).
(Source: Amended at 17 Ill. Reg. 6973, effective April 30, 1993)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.112 BUILDING, STRUCTURE AND FACILITY
Section 203.112 Building,
Structure and Facility
a) The terms "building", "structure", and
"facility" include all of the pollutant-emitting activities which
belong to the same industrial grouping, are located on one or more contiguous
or adjacent properties, and are under the control of the same person (or persons
under common control). Pollutant-emitting activities shall be considered as
part of the same "Major Group" (i.e., which have the same two-digit
code) as described in the Standard Industrial Classification Manual, 1972, as
amended by the 1977 Supplement (U.S. Government Printing Office stock numbers
4101-0066 and 003-005-00176-0, respectively) incorporated by reference in 35
Ill. Adm. Code 720.111.
b) The terms "building", "structure", and
"facility" shall also include
1) the transfer of materials, including but not limited to grain,
gasoline, petroleum liquids, coal, fertilizer, crushed stone and ore, from
vessels, motor vehicles or other conveyances, irrespective of ownership or
industrial grouping, to or from a building, structure, or facility as defined
in subsection (a) above, and
2) activities at or adjacent to such building, structure or
facility which are associated with such transfer, including but not limited to
the operating of engines to provide heat, refrigeration or lighting, operation
of auxiliary engines for pumps or cranes, and transfer of materials from hold
to hold or tank to tank during onloading or offloading operations except those
activities causing emissions resulting directly from internal combustion
engines from transportation purposes or from a non road engine or non road
vehicle as defined in Section 216 of the Clean Air Act (42 U.S.C. 7401 et
seq.).
(Source: Amended at 17 Ill. Reg. 6973, effective April 30, 1993)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.113 COMMENCE
Section 203.113 Commence
As applied to construction of a
major stationary source or major modification "commence" means that
the owner or operator has obtained all necessary preconstruction approvals or
permits and either has:
a) Begun, or caused to begin, a continuous program of actual
on-site construction of the source, to be completed within a reasonable time;
or
b) Entered into binding agreements or contractural obligations,
which cannot be cancelled or modified without substantial loss to the owner or
operator, to undertake a program of actual construction of the source to be
completed within a reasonable time.
c) For purposes of this Secton, a "reasonable time"
shall be determined considering but not limited to the following factors: The
nature and size of the project, the extent of design engineering, the amount of
off-site preparation, whether equipment can be fabricated or can be purchased,
when the project begins (considering both the seasonal nature of construction
activity and the existence of other projects competing for construction labor
at the same time, the place of the environmental permit in the sequence of
corporate and overall governmental approval), and the nature of the permittee
(private, public, regulated, etc).
(Source: Amended at 12 Ill. Reg. 6118, effective March 28, 1988)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.116 CONSTRUCTION
Section 203.116 Construction
"Construction" means
any physical change or change in the method of operation, including but not
limited to fabrication, erection, installation, demolition, or modification of
an emissions source unit, which would result in a change in actual emissions.
(Source: Amended at 12 Ill. Reg. 6118, effective March 22, 1988)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.117 DISPERSION ENHANCEMENT TECHNIQUES
Section 203.117 Dispersion
Enhancement Techniques
"Dispersion Enhancement
Techniques" mean so much of the stack height of any source as exceeds good
engineering practice or any other dispersion technique, determined by
regulations at 40 CFR 51.100 (1987) (no future amendments or editions are included).
(Source: Added at 12 Ill. Reg. 6118, effective March 22, 1988)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.119 EMISSION BASELINE
Section 203.119 Emission
Baseline
"Emission baseline"
means the starting point or reference level from which increases and decreases
in emissions are measured. The rules governing determination of emission
offsets, calculations of net emission increases, and evaluation under 35 Ill.
Adm. Code 202, Alternative Control Strategies specify the particular emission
baseline that applies for that purpose.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.121 EMISSION OFFSET
Section 203.121 Emission
Offset
"Emission offset"
means a creditable emission reduction used to compensate for the increase in
emissions resulting from a new major source or a major modification in
accordance with Sections 203.302 and 203.303 of this Part.
(Source:
Section 203.121 renumbered from Section 203.122 and amended at 17 Ill. Reg.
6973, effective April 30, 1993)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.122 EMISSIONS UNIT
Section 203.122 Emissions
Unit
"Emissions unit" means
any part of a stationary source which emits or has the potential to emit any
air pollutant subject to regulation under the Act or this Chapter or by the
United States Environmental Protection Agency under the Clean Air Act (42
U.S.C. 7401 et seq.).
(Source:
Former Section 203.122 renumbered to Section 203.121, Section 203.122
renumbered from Section 203.123, and Section amended at 17 Ill. Reg. 6973,
effective April 30, 1993)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.123 FEDERALLY ENFORCEABLE
Section 203.123 Federally
Enforceable
"Federally
enforceable" means enforceable by the United States Environmental
Protection Agency.
(Source: Former Section 203.123 renumbered to Section 203.122, new
Section 203.123 added at 17 Ill. Reg. 6973, effective April 30, 1993)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.124 FUGITIVE EMISSIONS
Section 203.124 Fugitive
Emissions
"Fugitive Emissions"
means those emissions which could not reasonably pass through a stack, chimney,
vent or other functionally equivalent opening.
(Source: Added at 12 Ill. Reg. 6118, effective March 22, 1988)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.125 INSTALLATION
Section 203.125 Installation
"Installation" means
an identifiable piece of equipment, including, but not limited to, boilers,
furnaces, reactors, dryers, incinerators, heaters, and coating lines.
(Source:
Former Section 203.125 renumbered to Section 203.126, new Section 203.125 adopted
at 12 Ill. Reg. 6118, effective March 22, 1988)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.126 LOWEST ACHIEVABLE EMISSION RATE
Section 203.126 Lowest
Achievable Emission Rate
"LAER" is an acronym
for lowest achievable emission rate.
(Source: Amended at 17 Ill. Reg. 6973, effective April 30, 1993)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.127 NONATTAINMENT AREA
Section 203.127
Nonattainment Area
An area designated by USEPA as
nonattainment for a given pollutant pursuant to Section 107 of the Clean Air
Act (42 U.S.C. 7407).
(Source: Added at 12 Ill. Reg. 6118, effective March 22, 1988)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.128 POTENTIAL TO EMIT
Section 203.128 Potential to
Emit
"Potential to emit"
means the maximum capacity of a stationary source to emit a pollutant under its
physical and operational design. Any physical or operational limitation on the
capacity of the source to emit a pollutant, including air pollution control equipment
and restrictions on hours of operation or on the type or amount of material
combusted, stored, or processed, shall be treated as part of its design only if
the limitation or the effect it would have on emissions is federally
enforceable. Secondary emissions do not count in determining the potential to
emit of a stationary source.
(Source: Amended at 17 Ill. Reg. 6973, effective April 30, 1993)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.131 REASONABLE FURTHER PROGRESS
Section 203.131 Reasonable
Further Progress
"Reasonable Further
Progress" means the annual incremental reductions in the emissions of the
applicable air pollutant as determined by USEPA pursuant to Part D of the Clean
Air Act (42 U.S.C. 7501 et seq.) and federal regulations adopted pursuant
thereto.
(Source: Amended at 12 Ill. Reg. 6118, effective March 22, 1988)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.134 SECONDARY EMISSIONS
Section 203.134 Secondary
Emissions
"Secondary Emissions"
means the emissions which would occur as a result of the construction or
operation of a major stationary source or major modification, but do not come
from the major stationary source or major modification itself. For the purpose
of this Part, secondary emissions must be specific, well defined, quantifiable,
and impact the same general area as the stationary source or modification which
causes the secondary emissions. Secondary emissions may include, but are not
limited to, emissions from any off-site support facility which would not
otherwise be constructed or increase its emissions except as a result of the
construction or operation of the major stationary source or major modification.
(Source: Amended at 12 Ill. Reg. 6118, effective March 22, 1988)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.136 STATIONARY SOURCE
Section 203.136 Stationary
Source
"Stationary Source"
means any building, structure, facility or installation which emits or may emit
any air pollutant subject to regulation under the Act or this Chapter or by
USEPA under the Clean Air Act (42 U.S.C. 7401 et seq.).
(Source: Added at 12 Ill. Reg. 6118, effective March 22, 1988)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.145 VOLATILE ORGANIC MATERIAL (REPEALED)
Section 203.145 Volatile
Organic Material (Repealed)
(Source: Repealed at 17 Ill. Reg. 16630, effective September 27, 1993)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.150 PUBLIC PARTICIPATION
Section 203.150 Public
Participation
Prior to the initial issuance or
revision of a permit pursuant to Subpart B, the Agency shall provide, at a
minimum, notice of the proposed issuance of a permit, a comment period, and
opportunity for public hearing pursuant to the Agency public participation
procedures set forth at 35 Ill. Adm. Code 252.
(Source: Amended at 17 Ill. Reg. 6973, effective April 30, 1993)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.155 SEVERABILITY (REPEALED)
Section 203.155 Severability
(Repealed)
(Source: Repealed at 12 Ill. Reg. 6118, effective March 22, 1988)
SUBPART B: MAJOR STATIONARY SOURCES IN NONATTAINMENT AREAS
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.201 PROHIBITION
Section 203.201 Prohibition
In any nonattainment area, no
person shall cause or allow the construction of a new major stationary source
or major modification that is major for the pollutant for which the area is
designated a nonattainment area, except as in compliance with this Part for
that pollutant. In areas designated nonattainment for ozone, this prohibition
shall apply to new major stationary sources or major modifications of sources
that emit volatile organic materials or nitrogen oxides. Revisions to this Part
which were adopted to implement the Clean Air Act Amendments of 1990 shall not
apply to any new major stationary source or major modification for which a
permit application was submitted by June 30, 1992 for PM-10, May 15, 1992 for SO2,
or by November 15, 1992 for nitrogen oxides and volatile organic material
emissions for sources located in all ozone nonattainment areas.
(Source: Amended at 17 Ill. Reg. 6973, effective April 30, 1993)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.202 COORDINATION WITH PERMIT REQUIREMENT AND APPLICATION PURSUANT TO 35 ILL. ADM. CODE 201
Section 203.202 Coordination
with Permit Requirement and Application Pursuant to 35 Ill. Adm. Code 201
For new major sources and major
modifications, the fulfillment of the requirements of 35 Ill. Adm. Code 201
related to construction, including the permit requirements of 35 Ill. Adm. Code
201.142, shall be combined with the requirements of this Subpart.
(Source: Amended at 12 Ill. Reg. 6118, effective March 22, 1988)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.203 CONSTRUCTION PERMIT REQUIREMENT AND APPLICATION
Section 203.203 Construction
Permit Requirement and Application
a) A construction permit is required prior to actual construction
of a major new source or major modification.
b) Applications for construction permits required under this
Section shall contain sufficient information to demonstrate compliance with 35
Ill. Adm. Code 201 and the requirements of this Part including, but not limited
to, Subpart C.
c) The permit shall include conditions specifying the manner in
which the requirements of Subparts B and C of this Part are satisfied.
d) No permittee shall violate any condition contained in a
construction permit issued for a new major stationary source or major
modification which is subject to this Part.
(Source: Amended at 17 Ill. Reg. 6973, effective April 30, 1993)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.204 DURATION OF CONSTRUCTION PERMIT (REPEALED)
Section 203.204 Duration of
Construction Permit (Repealed)
(Source: Repealed at 12 Ill. Reg. 6118, effective March 22, 1988)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.205 EFFECT OF PERMITS
Section 203.205 Effect of
Permits
The issuance of a permit for a
source subject to the requirements of this Part shall not relieve any person of
the responsibility to comply fully with applicable provisions of the
Environmental Protection Act (Act) (Ill. Rev. Stat. 1985, ch. 111 1/2, pars 1001
et seq.), and any other applicable requirements under local, state or federal
law.
(Source: Amended at 12 Ill. Reg. 6118, effective March 22, 1988)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.206 MAJOR STATIONARY SOURCE
Section 203.206 Major
Stationary Source
a) For purposes of this Part, the term "major stationary
source" shall exclusively mean "building, structure and
facility," as those terms are defined in Section 203.113 of this Part.
b) The following constitute a major stationary source:
1) For an area designated as nonattainment for ozone, a major
stationary source is a stationary source which emits or has the potential to
emit volatile organic material in an amount equal to or greater than the
following:
A) 100 tons per year in an area classified as marginal or moderate
nonattainment for ozone;
B) 50 tons per year in an area classified as serious nonattainment
for ozone;
C) 25 tons per year in an area classified as severe nonattainment
for ozone; and
D) 10 tons per year in an area classified as extreme nonattainment
for ozone.
2) For an area designated as nonattainment for nitrogen dioxide,
a major stationary source is a stationary source which emits or has the
potential to emit 100 tons per year or more of nitrogen dioxide.
3) For an area designated as nonattainment for ozone, a major
stationary source is a stationary source which emits or has the potential to
emit nitrogen oxides in an amount equal to or greater than the following,
unless United States Environmental Protection Agency (USEPA) has made a finding
under Sections 110 and 182(f) of the Clean Air Act that controlling of
emissions of nitrogen oxides from such source shall not be required:
A) 100 tons per year in an area classified as marginal or moderate
nonattainment for ozone,
B) 50 tons per year in an area classified as serious nonattainment
for ozone,
C) 25 tons per year in an area classified as severe nonattainment
for ozone, and
D) 10 tons per year in an area classified as extreme nonattainment
for ozone.
4) For an area designated nonattainment for PM-10, a major
stationary source is a stationary source which emits or has the potential to
emit:
A) 100 tons per year or more of PM-10 in an area classified as
moderate nonattainment area, or
B) 70 tons per year or more of PM-10 in an area classified as
serious nonattainment.
5) For an area designated nonattainment for carbon monoxide, a
major stationary source is a stationary source which emits or has the potential
to emit:
A) 100 tons per year or more of carbon monoxide in a nonattainment
area, except as provided in subsection (b)(5)(B),
B) 50 tons per year or more in an area classified as
"serious" nonattainment for carbon monoxide where stationary sources
significantly contribute to ambient carbon monoxide levels, as determined under
rules issued by USEPA, pursuant to the Clean Air Act.
6) For an area designated nonattainment for a pollutant other
than ozone, nitrogen dioxide, PM-10 or carbon monoxide, a major stationary
source is a stationary source which emits or has the potential to emit 100 tons
per year or more of the pollutant.
c) Any physical change that occurs at a stationary source which
does not qualify under subsection (a) of this Section as a major stationary
source will be considered a major stationary source, if the change would
constitute a major stationary source by itself.
d) For purposes of this Part, in areas that are classified as
serious, severe, or extreme nonattainment, the fugitive emissions of a
stationary source shall be included in determining whether it is a major
stationary source. In areas that are not classified as serious, severe or
extreme nonattainment, the fugitive emissions of a stationary source shall not
be included in determining whether it is a major stationary source, unless the
source belongs to one of the following categories of stationary sources:
1) Coal cleaning plants (with thermal dryers);
2) Kraft pulp mills;
3) Portland cement plants;
4) Primary zinc smelters;
5) Iron and steel mills;
6) Primary aluminum ore reduction plants;
7) Primary copper smelters;
8) Municipal incinerators capable of charging more than 250 tons
of refuse per day;
9) Hydrofluoric, sulfuric, or nitric acid plants;
10) Petroleum refineries;
11) Lime plants;
12) Phosphate rock processing plants;
13) Coke oven batteries;
14) Sulfer recovery plants;
15) Carbon black plants (furnace process);
16) Primary lead smelters;
17) Fuel conversion plants;
18) Sintering plants;
19) Secondary metal production plants;
20) Chemical process plants;
21) Fossil-fuel boilers (or combination thereof) totaling more
than 250 million Btu per hour heat input;
22) Petroleum storage and transfer units with a total storage
capacity exceeding 300,000 barrels;
23) Taconite ore processing plants;
24) Glass fiber processing plants;
25) Charcoal production plants;
26) Fossil fuel-fired steam electric plants of more than 250
million Btu per hour heat input;
27) Any other stationary source categories regulated by a
standard promulgated under Section 111 or 112 of the Clean Air Act (42 U.S.C.
7411, 7412), but only with respect to those air pollutants that have been
regulated for that category;
28) Any other stationary source category designated by the USEPA
by rule.
(Source: Amended at 22 Ill. Reg. 5674, effective March 10, 1998)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.207 MAJOR MODIFICATION OF A SOURCE
Section 203.207 Major
Modification of a Source
a) Except as provided in subsection (c), (d), (e) or (f), a
physical change, or change in the method of operation of a major stationary
source that would result in a significant net emissions increase of any
pollutant for which the area is designated a nonattainment area, shall
constitute a major modification of a source.
b) Any net emissions increase that is significant for volatile
organic material or nitrogen oxides shall be considered significant for ozone.
c) A physical change or change in the method of operation shall
not include:
1) Routine maintenance and repair.
2) Use of an alternative fuel or raw material by reason of any
order under Section 2(a) and (b) of the Energy Supply and Environmental
Coordination Act of 1974 (15 USC 791), the Power Plant and Industrial Fuel Use
Act of 1978 (42 USC 8301) (or any superseding legislation) or by reason of a
natural gas curtailment plan under the Federal Power Act (16 USC 791, et seq.).
3) Use of an alternative fuel by reason of an order or rule under
Section 125 of the Clean Air Act (42 USC 7425).
4) Use of an alternative fuel at a steam generating unit to the
extent that the fuel is generated from municipal solid waste.
5) Use of an alternative fuel or raw material by a stationary
source that:
A) Was capable of accommodating such alternative fuel or raw
material before December 21, 1976, and that has continuously remained capable
of accommodating such fuels or materials unless such change would be prohibited
under any enforceable permit condition established after December 21, 1976, under
40 CFR 52.21, 35 Ill. Adm. Code 204, this Part, or 35 Ill. Adm. Code 201.142 or
201.143; or
B) Is approved for use under any permit issued under this Part or
35 Ill. Adm. Code 201.142 or 201.143.
6) An increase in the hours of operation or in the production
rate, unless such change is prohibited under any enforceable permit condition that
was established after December 21, 1976 under 40 CFR 52.21, 35 Ill. Adm. Code
204, this Part, or 35 Ill. Adm. Code 201.142 or 201.143.
7) Any change in ownership at a stationary source.
d) In an area classified as serious or severe nonattainment for
ozone, increased emissions of volatile organic material or nitrogen oxides
resulting from any physical change in, or change in the method of operation
of, a stationary source located in the area shall be considered de minimis for
purposes of this Part if the increase in net emissions of such air pollutant
from such source does not exceed 25 tons when aggregated with all other net
increases in emissions from the source over any period of five consecutive
calendar years that includes the year in which such increase occurred.
e) In the case of any major stationary source of volatile organic
material or nitrogen oxides located in an area classified as serious or severe
nonattainment for ozone (other than a source that emits or has the potential to
emit 100 tons or more of volatile organic material or nitrogen oxides per
year), whenever any change at that source results in any increase (other than a
de minimis increase) in emissions of volatile organic material or nitrogen
oxides, respectively, from any discrete operation, unit, or other pollutant
emitting activity at the source, such increase shall be considered a major
modification for purposes of this Part, except such increase shall not be
considered a major modification for such purposes if the owner or operator of
the source elects to offset the increase by a greater reduction in emissions of
volatile organic material or nitrogen oxides, respectively, from other
operations, units, or activities within the source at an internal offset ratio
of at least 1.3 to 1.
f) In areas classified as extreme nonattainment for ozone,
beginning on the date that an area is classified by USEPA as an extreme
nonattainment area for ozone, any physical change in or change in the method of
operation of a major stationary source that results in any increase in
emissions of volatile organic material or nitrogen oxides from a discrete
operation, unit, or other pollutant emitting activity shall be considered a
major modification.
(Source: Amended at 44 Ill. Reg. 14916, effective September 4, 2020)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.208 NET EMISSION DETERMINATION
Section 203.208 Net Emission
Determination
A net emissions increase is the
amount by which the sum of any increase in actual emissions from a particular
physical change or change in method of operation at a source, and any other
increases and decreases in actual emissions at the source that are contemporaneous
with the particular change and are otherwise creditable, exceeds zero. The
following steps determine whether the increase or decrease in emissions is
available.
a) Except for increases or decreases in volatile organic material
and nitrogen oxide emissions in serious and severe ozone nonattainment areas
which are addressed in Section 203.209(b), an increase or decrease in actual
emissions is contemporaneous only if it occurs between the date that an
increase from a particular change occurs and the date five years before a
timely and complete application is submitted for the particular change. It
must also occur after either April 24, 1979, or the date the area is designated
by the United States Environmental Protection Agency as a nonattainment area
for the pollutant, whichever is more recent.
b) An increase or decrease in actual emissions is creditable:
1) Only if there is not in effect for the source at the time the
particular change occurs a permit which relied on the same increase or decrease
in actual emissions; and
2) Only to the extent the new and old levels differ.
c) A decrease in actual emissions is creditable to the extent
that:
1) It is federally enforceable at and after the time that actual
construction on the particular change begins;
2) It has approximately the same qualitative significance for
public health and welfare as that attributed to the increase from the
particular change;
3) The old level of actual emissions or the old level of
allowable emissions, whichever is lower, exceeds the new level of actual
emissions; and
4) It is demonstrated by the Agency not to have been previously
relied on in issuing any permit pursuant to this Part or 35 Ill. Adm. Code
201.142 or 201.143 or for demonstrating attainment or reasonable further
progress in the nonattainment area which the particular change will impact.
d) An increase that results from a physical change at a source
occurs when the emissions unit on which construction occurred becomes
operational and begins to emit a particular pollutant. Any replacement unit
that requires shakedown becomes operational only after a shakedown period not
to exceed 180 days.
(Source: Amended at 17 Ill. Reg. 6973, effective April 30, 1993)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.209 SIGNIFICANT EMISSIONS DETERMINATION
Section 203.209 Significant
Emissions Determination
a) A net emission increase in the pollutant emitted is
significant if the rate of emission is equal to or in excess of the following:
1) Carbon monoxide: 100 tons per year (tpy)
2) Nitrogen oxides: 40 tpy for a nonattainment area for nitrogen
dioxide and 40 tpy for an ozone nonattainment area, except as provided in
subsection (b) of this Section
3) Sulfur dioxide: 40 tpy
4) Particulate matter measured as PM-10: 15 tpy
5) Ozone: 40 tpy of volatile organic material, except as
provided in subsection (b) of this Section
6) Lead: 0.6 tpy
b) For areas classified as serious or severe nonattainment for
ozone, an increase in emissions of volatile organic material or nitrogen oxides
shall be considered significant if the net emissions increase of such air
pollutant from a stationary source located within such area exceeds 25 tons
when aggregated with all other net increases in emissions from the source over
any period of 5 consecutive calendar years which includes the calendar year in
which such increase occurred. This provision shall become effective beginning
November 15, 1992, or such later date that an area is classified as a serious
or severe nonattainment area for ozone.
(Source: Amended at 18 Ill. Reg. 6335, effective April 15, 1994)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.210 RELAXATION OF A SOURCE-SPECIFIC LIMITATION
Section 203.210 Relaxation
of a Source-Specific Limitation
a) No person shall cause or allow the operation of a source so as
to exceed any enforceable limitation which affects or defines the applicability
of the requirements of this Part to a stationary source or modification by
specifying the permissible emission rate, operating hours, the type or amount
of material processed, stored or combusted, or other aspects of source
operation.
b) At such time that a particular source or modification becomes
a major stationary source or major modification solely by virtue of a
relaxation in, or expiration of, any enforceable limitation which was
established after August 7, 1980, on the capacity of the source or modification
otherwise to emit a pollutant, such as a restriction on hours of operation,
then the requirements of this Part shall apply as though construction had not
yet commenced on the source or modification.
(Source: Amended at 12 Ill. Reg. 6118, effective March 22, 1988)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.211 PERMIT EXEMPTION BASED ON FUGITIVE EMISSIONS
Section 203.211 Permit
Exemption Based on Fugitive Emissions
The provisions of this Part
shall not apply to a source or modification that would be a major stationary
source or major modification only if fugitive emissions, to the extent
quantifiable as evidenced by 35 Ill. Adm. Code 201.122, are considered in calculating
the potential to emit of the stationary source or modification and the source
does not belong to any of the categories enumerated in Section 203.206(d).
(Source: Added at 12 Ill. Reg. 6118, effective March 22, 1988)
SUBPART C: REQUIREMENTS FOR MAJOR STATIONARY SOURCES IN NONATTAINMENT AREAS
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.301 LOWEST ACHIEVABLE EMISSION RATE
Section 203.301 Lowest
Achievable Emission Rate
a) For any source, lowest achievable emission rate (LAER) will be
the more stringent rate of emissions based on the following:
1) The most stringent emission limitation which is contained in
the implementation plan of any state for such class or category of stationary
source, unless it is demonstrated that such limitation is not achievable; or
2) The most stringent emission limitation which is achieved in
practice by such a class or category of stationary source. This limitation,
when applied to a modification, means the lowest achievable emissions rate for
the new or modified emissions units within the stationary source. In no event
shall the application of this term permit a proposed new or modified stationary
source to emit any pollutant in excess of the amount allowable under an
applicable new source performance standard adopted by United States
Environmental Protection Agency (USEPA) pursuant to Section 111 of the Clean
Air Act and made applicable in Illinois pursuant to Section 9.1 of the Act.
b) The owner or operator of a new major stationary source shall
demonstrate that the control equipment and process measures applied to the
source will produce LAER.
c) Except as provided in subsection (e) or (f) below, the owner
or operator of a major modification shall demonstrate that the control
equipment and process measures applied to the major modification will produce
LAER. This requirement applies to each emissions unit at which a net increase
in emissions of the pollutant has occurred or would occur as a result of a
physical change or change in the method of operation.
d) The owner or operator shall provide a detailed showing that
the proposed emission limitations constitute LAER. Such demonstration shall
include:
1) A description of the manner in which the proposed emission
limitation was selected, including a detailed listing of information resources,
2) Alternative emission limitations, and
3) Such other reasonable information as the Agency may request as
necessary to determine whether the proposed emission limitation is LAER.
e) If the owner or operator of a major stationary source (other
than a source which emits or has the potential to emit 100 tons per year or
more of volatile organic material or nitrogen oxides) located in an area classified
as serious or severe nonattainment for ozone does not elect to provide internal
offsets for a change at the source in accordance with Section 203.207(e) of
this Part, such change shall be considered a major modification for purposes of
this Part, but in applying this Section in the case of any such modification,
the Best Available Control Technology (BACT), as defined in section 169 of the
Clean Air Act, shall be substituted for the Lowest Achievable Emission Rate
(LAER). BACT shall be determined in accordance with policies and procedures
published by USEPA.
f) In the case of any major stationary source of volatile organic
material or nitrogen oxides located in an area classified as serious or severe
nonattainment for ozone which emits or has the potential to emit 100 tons per
year or more of volatile organic material or nitrogen oxides, respectively,
whenever any change at that source results in any increase (other than a de
minimis increase) in emissions of volatile organic material or nitrogen oxides,
respectively, from any discrete operation, unit, or other pollutant emitting
activity at the source, such increase shall be considered a major modification
for purposes of this Part, except that if the owner or operator elects to
offset the increase by a greater reduction in emissions of volatile organic
material or nitrogen oxides, respectively, from other operations, units or
activities within the source at an internal offset ratio of at least 1.3 to 1,
the requirements of this Section concerning LAER shall not apply.
(Source: Amended at 22 Ill. Reg. 5674, effective March 10, 1998)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.302 MAINTENANCE OF REASONABLE FURTHER PROGRESS AND EMISSION OFFSETS
Section 203.302 Maintenance
of Reasonable Further Progress and Emission Offsets
a) The owner or operator of a new major source or major
modification shall provide emission offsets equal to or greater than the
allowable emissions from the source or the net increase in emissions from the
modification sufficient to allow the Agency to determine that the source or
modification will not interfere with reasonable further progress as set forth
in Section 173 of the Clean Air Act (42 U.S.C. 7401 et seq.).
1) For new major sources or major modifications in ozone
nonattainment areas the ratio of total emission reductions provided by emission
offsets for volatile organic material or nitrogen oxides to total increased
emissions of such contaminants shall be at least as follows:
A) 1.1 to 1 in areas classified as marginal;
B) 1.15 to 1 in areas classified as moderate;
C) 1.2 to 1 in areas classified as serious;
D) 1.3 to 1 in areas classified as severe; and
E) 1.5 to 1 in areas classified as extreme.
2) The offset requirement provided in subsection (1) above shall
not be applicable in extreme areas to a modification of an existing source:
A) if such modification consists of installation of equipment
required to comply with the implementation plan or the Clean Air Act; or
B) if the owner or operator of the source elects to offset the
increase by a greater reduction in emissions of such pollutant from other
discrete operations, units, or activities within the source at an internal
offset ratio of at least 1.3 to 1.
b) The Agency shall allow the use of all or some portion of the
available growth margin to satisfy subsection (a) above if the owner or
operator can present evidence that the possible sources of emission offsets
were investigated, none were available at that time and the new or modified
major stationary source is located in a zone (within the nonattainment area)
identified by United States Environmental Protection Agency, in consultation
with the Secretary of Housing and Urban Development, as a zone to which economic
development should be targeted.
(Source: Amended at 17 Ill. Reg. 6973, effective April 30, 1993)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.303 BASELINE AND EMISSION OFFSETS DETERMINATION
Section 203.303 Baseline and
Emission Offsets Determination
a) An emission offset must be obtained from a source in operation
prior to the permit application for the new or modified source. Emission
offsets must be effective prior to start-up of the new or modified source.
b) The emission offsets provided:
1) Must be of the same pollutant and further be of a type with
approximately the same qualitative significance for public health and welfare
as that attributed to the increase from a particular change;
2) Must, in the case of a fuel combustion source, be based on the
type of fuel being burned at the time the permit application is filed, and, if
offset is to be produced by a future switch to a cleaner fuel, be accompanied
by evidence that long-term supplies of the clean fuel are available and a
commitment to a specified alternative control measure which would achieve the
same degree of emission reduction of the dirtier fuel is proposed;
3) Must, in the case of a past shutdown of a source or permanent
curtailment of production or operating hours, have occurred since April 24,
1979, or the date the area is designated a nonattainment area for the
pollutant, whichever is more recent, and, until the United States Environmental
Protection Agency (USEPA) has approved the attainment demonstration and state
trading or marketing rules for the relevant pollutant, the proposed new or
modified source must be a replacement for the shutdown or curtailment;
4) Must be federally enforceable by permit; and
5) Must not have been previously relied on, as demonstrated by
the Agency, in issuing any permit pursuant to 35 Ill. Adm. Code 201.142 or
201.143 or this Part, or for demonstrating attainment or reasonable further
progress.
c) The baseline for determining the extent to which emission
reductions are creditable as offsets shall be the actual emissions of the
source from which the offset is to be obtained, to the extent they are within
any applicable emissions limitations of this Chapter or the Act or any
applicable standards adopted by USEPA pursuant to Section 111 and 112 of the
Clean Air Act, and made applicable in Illinois pursuant to Section 9.1 of the
Environmental Protection Act (Ill. Rev. Stat. 1991, ch. 111½, par. 1009.1) [415
ILCS 5/9.1].
d) The location of sources providing the emission reductions to
fulfill the offset requirements of this Section:
1) Must be achieved in the same nonattainment area as the
increase being offset, except as provided as follows:
A) An owner or operator may obtain the necessary emission
reductions from another nonattainment area where such other area has an equal
or higher nonattainment classification than the area in which the source is
located, and
B) The emission reductions from such other area contribute to a
violation of the national ambient air quality standard in the nonattainment
area in which the new or modified source is located.
2) Must, for particulate matter, sulfur dioxide and carbon
monoxide, be such that, relative to the site of the proposed new or modified
source, the location of the offset, together with its effective stack height,
ensures a positive net air quality benefit. This shall be demonstrated by
atmospheric simulation modeling, unless the sources providing the offset are on
the same premises or in the immediate vicinity of the new or modified source
and the pollutants disperse from substantially the same effective stack height.
In determining effective stack height, credit shall not be given for dispersion
enhancement techniques. The owner or operator of a proposed new or modified
source shall perform the analysis to demonstrate the acceptability of the
location of an offset, if the Agency declines to make such analysis. Effective
stack height means actual stack height plus plume rise. Where actual stack
height exceeds good engineering practices, as determined pursuant to 40 CFR
51.100 (1987) (no future amendments or editions are included), the creditable
stack height shall be used.
e) Replacement of one volatile organic material with another of
lesser reactivity does not constitute an emission reduction.
f) Emission reductions otherwise required by the Clean Air Act
(42 U.S.C. 7401 et seq.) shall not be creditable for purposes of any such
offset requirement. Incidental emission reductions which are not otherwise
required by the Clean Air Act shall be creditable as emission reductions for
such purposes if such emissions reductions meet the requirements of this Subpart.
(Source: Amended at 17 Ill. Reg. 6973, effective April 30, 1993)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.304 EXEMPTIONS FROM EMISSIONS OFFSET REQUIREMENT (REPEALED)
Section 203.304 Exemptions
from Emissions Offset Requirement (Repealed)
(Source: Repealed at 12 Ill. Reg. 6118, effective March 22, 1988)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.305 COMPLIANCE BY EXISTING SOURCES
Section 203.305 Compliance
by Existing Sources
The owner or operator shall
demonstrate that all major stationary sources which he or she owns or operates
(or which are owned or operated by any entity controlling or controlled by, or
under common control, with the owner or operator) in Illinois are in compliance,
or on a schedule for compliance, with all applicable state and federal air
pollution control requirements. For purposes of this Section, a schedule for
compliance must be federally enforceable or contained in an order of the
Illinois Pollution Control Board or a court decree.
(Source: Amended at 12 Ill. Reg. 6118, effective March 22, 1988)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.306 ANALYSIS OF ALTERNATIVES
Section 203.306 Analysis of
Alternatives
The owner or operator shall
demonstrate that benefits of the new major source or major modification
significantly outweigh the environmental and social costs imposed as a result
of its location, construction, or modification, based upon an analysis of alternative
sites, sizes, production processes, and environmental control techniques for
such proposed source.
(Source: Amended at 17 Ill. Reg. 6973, effective April 30, 1993)
SUBPART F: OPERATION OF A MAJOR STATIONARY SOURCE OR MAJOR MODIFICATION
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.601 LOWEST ACHIEVABLE EMISSION RATE COMPLIANCE REQUIREMENT
Section 203.601 Lowest
Achievable Emission Rate Compliance Requirement
No person shall cause or allow
the operation of a new major stationary source or major modification subject to
the requirements of Subpart C, except as in compliance with applicable LAER
provisions established pursuant to Section 203.301 for such source or
modification.
(Source: Amended at 12 Ill. Reg. 6118, effective March 22, 1988)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.602 EMISSION OFFSET MAINTENANCE REQUIREMENT
Section 203.602 Emission
Offset Maintenance Requirement
No person shall cause or allow
the operation of a new major stationary source or major modification where the
owner or operator has demonstrated that it would not interfere with reasonable
further progress by providing emission offsets pursuant to Section 203.302
without maintaining those emission offsets or other equivalent offsets.
(Source: Amended at 12 Ill. Reg. 6118, effective March 22, 1988)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.603 AMBIENT MONITORING REQUIREMENT (REPEALED)
Section 203.603 Ambient
Monitoring Requirement (Repealed)
(Source: Repealed at 12 Ill. Reg. 6118, effective March 22, 1988)
SUBPART G: GENERAL MAINTENANCE OF EMISSION OFFSETS
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.701 GENERAL MAINTENANCE OF EMISSION OFFSETS
Section 203.701 General
Maintenance of Emission Offsets
No person shall cease to
maintain emission offsets which were provided for a source or modification
which is subject to this Part.
(Source: Added at 12 Ill. Reg. 6118, effective March 22, 1988)
SUBPART H: OFFSETS FOR EMISSION INCREASES FROM ROCKET ENGINES AND MOTOR FIRING
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.801 OFFSETTING BY ALTERNATIVE OR INNOVATIVE MEANS
Section 203.801 Offsetting
by Alternative or Innovative Means
A source may offset, by
alternative or innovative means, emission increases from rocket engine and
motor firing, and cleaning related to such firing, at an existing or modified
major source that tests rocket engines or motors under the following conditions:
a) Any modification proposed is solely for the purpose of
expanding the testing of rocket engines or motors at an existing source that is
permitted to test such engines on November 15, 1990;
b) The source demonstrates to the satisfaction of the Agency that
it has used all reasonable means to obtain and utilize offsets, as determined
on an annual basis, for the emissions increases beyond allowable levels, that
all available offsets are being used, and that sufficient offsets are not
available to the source;
c) The source has obtained a written finding from the Department
of Defense, Department of Transportation, National Aeronautics and Space
Administration or other appropriate Federal agency, that the testing of rocket
motors or engines at the facility is required for a program essential to the
national security; and
d) The source will comply with an alternative measure, imposed by
the Agency or Board, designed to offset any emission increases beyond permitted
levels not directly offset by the source.
(Source: Added at 17 Ill. Reg. 6973, effective April 30, 1993)
SUBPART I: GENERAL PROVISIONS
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.1000 INCORPORATIONS BY REFERENCE
Section 203.1000 Incorporations by Reference
The following materials are incorporated by reference.
These incorporations by reference do not include any later amendments or
editions.
a) 40
CFR Part 51, Subpart I (2021)
b) 40
CFR 52.21 (2021)
c) 40
CFR Part 51, Appendix S (2021)
d) 40
CFR Part 51, Appendix W (2021)
e) 40
CFR Part 60 (2021)
f) 40
CFR Part 61 (2021)
g) 40
CFR Part 62 (2021)
h) 40
CFR Part 63 (2021)
i) 40
CFR Part 81 (2021)
j) Standard
Industrial Classification Manual, 1972, as amended by the 1977 Supplement
(U.S. Government Printing Office stock numbers 4101-0066 and 003-005-00176-0,
respectively).
(Source: Added at 49 Ill. Reg. 6237,
effective April 23, 2025)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.1010 ABBREVIATIONS AND ACRONYMS
Section 203.1010 Abbreviations and Acronyms
The following abbreviations and acronyms are used in this
Part:
|
µg/m3
|
micrograms per cubic meter
|
|
Act
|
Illinois Environmental Protection Act
|
|
Agency
|
Illinois Environmental Protection Agency
|
|
BACT
|
Best Available Control Technology
|
|
Board
|
Illinois Pollution Control
Board
|
|
Btu
|
British Thermal Units
|
|
CAA
|
Clean Air Act
|
|
CAAPP
|
Clean Air Act Permit Program
|
|
CEMS
|
Continuous Emissions Monitoring System
|
|
CERMS
|
Continuous Emissions Rate Monitoring System
|
|
CFR
|
Code of Federal Regulations
|
|
CO
|
carbon monoxide
|
|
CO2
|
carbon dioxide
|
|
CPMS
|
Continuous Parameter Monitoring System
|
|
FR
|
Federal Register
|
|
LAER
|
Lowest Achievable Emission Rate
|
|
MW
|
megawatts
|
|
NAAQS
|
National Ambient Air Quality Standards
|
|
NAICS
|
North American Industry Classification System
|
|
NO2
|
nitrogen dioxide
|
|
NOX
|
nitrogen oxides
|
|
NSPS
|
New Source Performance Standards
|
|
NSR
|
New Source Review
|
|
NA NSR
|
Nonattainment New Source Review
|
|
O2
|
oxygen
|
|
PAL
|
Plantwide Applicability Limitation
|
|
PEMS
|
Predictive Emissions Monitoring System
|
|
PM2.5
|
Particulate Matter equal to or less than 2.5 microns in
diameter (Fine Particulate Matter)
|
|
PM10
|
Particulate Matter equal to or less than 10 microns in
diameter
|
|
PSD
|
Prevention of Significant Deterioration
|
|
RACT
|
Reasonably Available Control Technology
|
|
SIC
|
Standard Industrial Classification
|
|
SIP
|
State Implementation Plan
|
|
SO2
|
sulfur dioxide
|
|
tpy
|
tons per year
|
|
US
|
United States
|
|
U.S.C.
|
United States Code
|
|
USEPA
|
United States Environmental Protection Agency
|
|
VOM
|
Volatile Organic Material
|
(Source: Added at 49 Ill. Reg. 6237,
effective April 23, 2025)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.1020 SEVERABILITY
Section 203.1020 Severability
If any provision of this Part, or the application of that
provision to any person or circumstance, is held invalid, the remainder of this
Part, or the application of the provision to persons or circumstances other
than those as to which it is held invalid, shall not be affected by that
holding.
(Source: Added at 49 Ill. Reg. 6237,
effective April 23, 2025)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.1030 DEFINITIONS
Section 203.1030 Definitions
Unless otherwise specified in this Part, terms used in this
Part have the same meaning as the terms used in 35 Ill. Adm. Code Part 211.
(Source: Added at 49 Ill. Reg. 6237,
effective April 23, 2025)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.1040 ACTUAL EMISSIONS
Section 203.1040 Actual Emissions
a) "Actual
Emissions" means the actual rate of emissions of a regulated NSR pollutant
from an emissions unit as determined in compliance with subsections (b) through
(c), except that this definition shall not apply for calculating whether a
significant emissions increase has occurred, or for establishing a PAL under
Subpart Q. Instead, Section 203.1070 and Section 203.1320 shall apply for those
purposes.
b) In
general, actual emissions as of a particular date shall equal the average rate,
in tons per year, at which the unit actually emitted the pollutant during a
consecutive 24-month period which precedes the particular date and which is
representative of normal source operation. The Agency shall allow the use of a
different time period upon a demonstration by the applicant to the Agency that
the time period is more representative of normal source operation. Such demonstration
may include, but need not be limited to, operating records or other
documentation of events or circumstances indicating that the preceding 24-month
period is not representative of normal source operations. Actual emissions shall
be calculated using the unit's actual operating hours, production rates, and
types of materials processed, stored or combusted during the selected time
period.
c) For any emissions unit which has not begun
normal operations on the particular date, actual emissions shall equal the
potential to emit of the unit on that date.
(Source: Added at 49 Ill. Reg. 6237,
effective April 23, 2025)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.1050 ALLOWABLE EMISSIONS
Section 203.1050 Allowable Emissions
"Allowable emissions" means the emissions rate of
a stationary source calculated using the maximum rated capacity of the source
(unless the source is subject to federally enforceable limits which restrict
the operating rate, or hours of operation, or both) and the most stringent of
the following:
a) The
applicable standards set forth in 40 CFR Parts 60, 61, 62 and 63, incorporated
by reference in Section 203.1000;
b) The
applicable SIP emissions limitation, including those with a future compliance
date; or
c) The
emissions rate specified as a federally enforceable permit condition, including
those with a future compliance date.
(Source: Added at 49 Ill. Reg. 6237,
effective April 23, 2025)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.1060 AVAILABLE GROWTH MARGIN
Section
203.1060 Available Growth Margin
"Available growth margin" means the portion which
remains of any emission allowance for new or modified major stationary sources
expressly identified in the attainment demonstration approved by the USEPA
under section 172(c)(4) of the CAA (42 U.S.C. 7502(c)(4)) for a particular
pollutant and area in a zone (within a nonattainment area) to which economic
development should be targeted, in compliance with section 173(a)(1)(B) of the
CAA (42 U.S.C. 7503(a)(1)(B)).
(Source: Added at 49 Ill. Reg. 6237,
effective April 23, 2025)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.1070 BASELINE ACTUAL EMISSIONS
Section 203.1070 Baseline Actual Emissions
"Baseline actual emissions" means the rate of
emissions, in tons per year, of a regulated NSR pollutant, as determined in
accordance with subsections (a) through (d).
a) For any existing electric utility steam
generating unit, baseline actual emissions means the average rate, in tons per
year, at which the unit actually emitted the pollutant during any consecutive
24-month period selected by the owner or operator within the 5-year period
immediately preceding when the owner or operator begins actual construction of
the project. The Agency shall allow the use of a different time period upon a
determination that it is more representative of normal source operation.
1) The
average rate shall include fugitive emissions to the extent quantifiable, and
emissions associated with startups, shutdowns, and malfunctions.
2) The
average rate shall be adjusted downward to exclude any non-compliant emissions
that occurred while the source was operating above any emission limitation that
was legally enforceable during the consecutive 24-month period.
3) For a
regulated NSR pollutant, when a project involves multiple emissions units, only
one consecutive 24-month period must be used to determine the baseline actual
emissions for the emissions units being changed. A different consecutive
24-month period can be used for each regulated NSR pollutant.
4) The
average rate shall not be based on any consecutive 24-month period for which
there is inadequate information for determining annual emissions, in tons per
year, and for adjusting this amount if required by subsection (a)(2).
b) For an existing emissions unit (other than an
electric utility steam generating unit), baseline actual emissions means the
average rate, in tons per year, at which the emissions unit actually emitted
the pollutant during any consecutive 24-month period selected by the owner or
operator within the 10-year period immediately preceding either the date the
owner or operator begins actual construction of the project, or the date a
complete permit application is received by the Agency for a permit required by
the SIP, whichever is earlier, except that the 10-year period shall not include
any period earlier than November 15, 1990.
1) The
average rate shall include fugitive emissions to the extent quantifiable, and
emissions associated with startups, shutdowns, and malfunctions.
2) The
average rate shall be adjusted downward to exclude any non-compliant emissions
that occurred while the source was operating above an emission limitation that
was legally enforceable during the consecutive 24-month period.
3) The
average rate shall be adjusted downward to exclude any emissions that would
have exceeded an emission limitation with which the major stationary source
must currently comply, had such major stationary source been required to comply
with such limitations during the consecutive 24-month period. "Currently"
in the context of a contemporaneous emissions change refers to limitations on
emissions and source operation that existed just prior to the date of the
contemporaneous change. However, if an emission limitation is part of a Maximum
Achievable Control Technology standard that the USEPA proposed or promulgated
under 40 CFR Part 63 (incorporated by reference in Section 203.1000), the
baseline actual emissions need only be adjusted if the Agency has taken credit
for such emissions reductions in an attainment demonstration or maintenance
plan consistent with the requirements of Section 203.1810(g)(2).
4) For a
regulated NSR pollutant, when a project involves multiple emissions units, only
one consecutive 24-month period must be used to determine the baseline actual
emissions for all the emissions units being changed. A different consecutive
24-month period can be used for each regulated NSR pollutant.
5) The
average rate shall not be based on any consecutive 24-month period for which
there is inadequate information for determining annual emissions, in tons per
year, and for adjusting this amount if required by subsections (b)(2) and
(b)(3).
c) For a
new emissions unit, the baseline actual emissions for purposes of determining
the emissions increase that will result from the initial construction and
operation of such unit shall equal zero. Thereafter, for all other purposes,
it shall equal the unit's potential to emit.
d) For a PAL for a stationary source, the baseline
actual emissions shall be calculated for existing electric utility steam
generating units in accordance with the procedures contained in subsection (a),
for other existing emissions units in accordance with the procedures contained
in subsection (b), and for a new emissions unit in accordance with the
procedures contained in subsection (c).
(Source: Added at 49 Ill. Reg. 6237,
effective April 23, 2025)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.1080 BEGIN ACTUAL CONSTRUCTION
Section
203.1080 Begin Actual Construction
"Begin actual construction" means in general,
initiation of physical on-site construction activities on an emissions unit that
are of a permanent nature. Such activities include, but not limited to, installation
of building supports and foundations, laying of underground pipework, and
construction of permanent storage structures. With respect to a change in
method of operations, this term refers to those on-site activities other than
preparatory activities which mark the initiation of the change.
(Source: Added at 49 Ill. Reg. 6237,
effective April 23, 2025)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.1090 BUILDING, STRUCTURE, FACILITY, OR INSTALLATION
Section
203.1090 Building, Structure, Facility, or Installation
a) "Building, structure, facility, or
installation" mean all of the pollutant-emitting activities which belong
to the same industrial grouping, are located on one or more contiguous or
adjacent properties, and are under the control of the same person (or persons
under common control). Pollutant-emitting activities shall be considered as
part of the same industrial grouping if they belong to the same "Major
Group" (i.e., have the same first two-digit code) as described in the
Standard Industrial Classification Manual (incorporated by reference in Section
203.1000).
b) Notwithstanding
the provisions of subsection (a), building, structure, facility, or
installation means, for onshore activities under Standard Industrial
Classification (SIC) Major Group 13: Oil and Gas Extraction, incorporated by
reference in Section 203.1000, all of the pollutant-emitting activities
included in Major Group 13 that are located on one or more contiguous or
adjacent properties, and are under the control of the same person (or persons
under common control). Pollutant emitting activities shall be considered
adjacent if they are located on the same surface site, or if they are located
on surface sites that are located within ¼ mile of one another (measured from
the center of the equipment on the surface site) and they share equipment.
Shared equipment includes, but is not limited to, produced fluids storage
tanks, phase separators, natural gas dehydrators or emissions control devices.
Surface site, as used in this subsection, has the same meaning as in 40 CFR
63.761.
(Source: Added at 49 Ill. Reg. 6237,
effective April 23, 2025)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.1100 COMMENCE
Section 203.1100 Commence
"Commence," as applied to construction of a major
stationary source or major modification, means that the owner or operator has
all necessary preconstruction approvals or permits and either has:
a) Begun,
or caused to begin, a continuous program of actual on-site construction of the
source, to be completed within a reasonable time; or
b) Entered
into binding agreements or contractual obligations, which cannot be cancelled
or modified without substantial loss to the owner or operator, to undertake a
program of actual construction of the source to be completed within a
reasonable time.
(Source: Added at 49 Ill. Reg. 6237,
effective April 23, 2025)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.1110 COMPLETE
Section
203.1110 Complete
"Complete" means, in reference to an application
for a permit, that the application contains all of the information necessary
for processing the application.
(Source: Added at 49 Ill. Reg. 6237,
effective April 23, 2025)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.1120 CONSTRUCTION
Section
203.1120 Construction
"Construction" means any physical change or change
in the method of operation (including fabrication, erection, installation,
demolition, or modification of an emissions unit) that would result in a change
in emissions.
(Source: Added at 49 Ill. Reg. 6237,
effective April 23, 2025)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.1130 DISPERSION TECHNIQUE
Section 203.1130 Dispersion Technique
a) "Dispersion technique" means any
technique that attempts to affect the concentration of a pollutant in the
ambient air by:
1) Using
the portion of a stack that exceeds good engineering practice stack height;
2) Varying
the rate of emission of a pollutant according to atmospheric conditions or
ambient concentrations of that pollutant; or
3) Increasing
final exhaust gas plume rise by:
A) Manipulating
source process parameters, exhaust gas parameters, or stack parameters;
B) Combining
exhaust gases from several existing stacks into one stack; or
C) Other
selective handling of exhaust gas streams so as to increase the exhaust gas
plume rise.
b) "Dispersion
technique" does not include:
1) The
reheating of a gas stream, following use of a pollution control system, for the
purpose of returning the gas to the temperature at which it was originally
discharged from the stationary source generating the gas stream;
2) The
merging of exhaust gas streams when:
A) The
source owner or operator demonstrates that the stationary source was originally
designed and constructed with such merged gas streams;
B) After
July 8, 1985, the merging is part of a change in operation at the stationary
source that includes the installation of pollution controls and is accompanied
by a net reduction in the allowable emissions of a pollutant. This exclusion
from the definition of dispersion techniques shall apply only to the emission
limitation for the pollutant affected by the change in operation; or
C) Before
July 8, 1985, such merging was part of a change in operation at the stationary
source that included the installation of emissions control equipment or was
carried out for sound economic or engineering reasons. When there was an increase
in the emission limitation or, in the event that no emission limitation was in
existence prior to the merging, an increase in the quantity of pollutants
actually emitted prior to the merging, the Agency shall presume that merging
was significantly motivated by an intent to gain emissions credit for greater
dispersion. Absent a demonstration by the source owner or operator that merging
was not significantly motivated by such intent, the Agency shall deny credit
for the effects of the merging in calculating the allowable emissions for the
source;
3) Smoke
management in agricultural or silvicultural prescribed burning programs;
4) Episodic
restrictions on residential wood burning and open burning; or
5) Techniques
under subsection (a)(3) that increase final exhaust gas plume rise when the
resulting allowable emissions of SO2 from the stationary source do
not exceed 5,000 tpy.
(Source: Added at 49 Ill. Reg. 6237,
effective April 23, 2025)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.1140 ELECTRIC UTILITY STEAM GENERATING UNIT
Section 203.1140 Electric Utility Steam Generating Unit
"Electric utility steam generating unit" means any
steam electric generating unit that is constructed for the purpose of supplying
more than one-third of its potential electric output capacity and more than 25
MW electrical output to any utility power distribution system for sale. Any
steam supplied to a steam distribution system for the purpose of providing
steam to a steam-electric generator that would produce electrical energy for
sale is also considered in determining the electrical energy output capacity of
the affected facility.
(Source: Added at 49 Ill. Reg. 6237,
effective April 23, 2025)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.1150 EMISSION OFFSET
Section
203.1150 Emission Offset
"Emission offset" means a creditable emissions
reduction used to compensate for the increase in emissions resulting from a new
major stationary source or a major modification in accordance with Section
203.1810.
(Source: Added at 49 Ill. Reg. 6237,
effective April 23, 2025)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.1160 EMISSIONS UNIT
Section 203.1160 Emissions Unit
"Emissions unit" means any part of a stationary
source that emits or would have the potential to emit any regulated NSR
pollutant and includes an electric utility steam generating unit as defined in Section
203.1140. For purposes of this Part, there are two types of emissions units.
a) A new
emissions unit is any emissions unit that is (or will be) newly constructed and
that has existed for less than 2 years from the date such emissions unit first
operated.
b) An
existing emissions unit is any emissions unit that does not meet the
requirements of subsection (a). A replacement unit, as defined in Section
203.1350, is an existing emissions unit.
(Source: Added at 49 Ill. Reg. 6237,
effective April 23, 2025)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.1170 EXCESSIVE CONCENTRATION
Section 203.1170 Excessive
Concentration
"Excessive concentration" is defined for the
purposes of determining good engineering practice stack height under Section
203.1200(a)(3) and means:
a) For
sources seeking credit for stack height exceeding that established under Section
203.1200(a)(2), a maximum ground-level concentration due to emissions from a
stack due in whole or part to downwash, wakes, and eddy effects produced by
nearby structures or nearby terrain features that individually is at least 40%
in excess of the maximum concentration experienced in the absence of such
downwash, wakes, or eddy effects and that contributes to a total concentration
due to emissions from all sources that is greater than an ambient air quality
standard. For sources subject to this Part, an excessive concentration
alternatively means a maximum ground-level concentration due to emissions from
a stack due in whole or part to downwash, wakes, or eddy effects produced by
nearby structures or nearby terrain features that individually is at least 40%
in excess of the maximum concentration experienced in the absence of the downwash,
wakes, or eddy effects and greater than an ambient air increment under 35 Ill.
Adm. Code 204.900. The allowable emission rate to be used in making
demonstrations of excessive concentration shall be prescribed by the NSPS that
is applicable to the source category unless the owner or operator demonstrates
that this emission rate is infeasible. When those demonstrations are approved
by the Agency, an alternative emission rate shall be established in
consultation with the source owner or operator.
b) For
sources seeking credit for increases in existing stack heights up to the
heights established under Section 203.1200(a)(2), either:
1) A
maximum ground-level concentration due in whole or part to downwash, wakes or
eddy effects as provided in subsection (a), except that the emission rate
specified by the SIP (or, in the absence of such a limit, the actual emission
rate) shall be used; or
2) The
actual presence of a local nuisance caused by the existing stack, as determined
by the Agency; and
c) For
sources seeking credit for a stack height determined under Section
203.1200(a)(2) when the Agency requires the use of a field study or fluid model
to verify good engineering practice stack height, for sources seeking stack
height credit based on the aerodynamic influence of cooling towers, and for
sources seeking stack height credit based on the aerodynamic influence of
structures not adequately represented by the equations in Section 203.1200(a)(2),
a maximum ground-level concentration due in whole or part to downwash, wakes or
eddy effects that is at least 40% in excess of the maximum concentration
experienced in the absence of such downwash, wakes, or eddy effects.
(Source: Added at 49 Ill. Reg. 6237,
effective April 23, 2025)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.1180 FEDERALLY ENFORCEABLE
Section
203.1180 Federally Enforceable
"Federally enforceable" means all limitations and
conditions which are enforceable by the USEPA, including those requirements
developed pursuant to 40 CFR Parts 60, 61, 62 and 63 (incorporated by reference
in Section 203.1000), requirements within the SIP, any permit requirements
established pursuant to 40 CFR 52.21 (incorporated by reference in Section
203.1000) or this Part or under regulations approved pursuant to 40 CFR Part
51, Subpart I (incorporated by reference in Section 203.1000), including
operating permits issued under an USEPA-approved program that is incorporated
into the SIP and expressly requires adherence to any permit issued under such
program.
(Source: Added at 49 Ill. Reg. 6237,
effective April 23, 2025)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.1190 FUGITIVE EMISSIONS
Section 203.1190 Fugitive Emissions
"Fugitive emissions" means those emissions which
could not reasonably pass through a stack, chimney, vent or other functionally
equivalent opening.
(Source: Added at 49 Ill. Reg. 6237,
effective April 23, 2025)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.1200 GOOD ENGINEERING PRACTICE
Section
203.1200 Good Engineering Practice
a) "Good
engineering practice", with respect to stack height, means the greater of:
1) 65
meters, measured from the ground-level elevation at the base of the stack;
2) The following:
A) For a
stack in existence on January 12, 1979, and for which the owner or operator had
obtained all necessary preconstruction approvals or permits required under 40
CFR Parts 51 and 52 (incorporated by reference in 35 Ill. Adm. Code 204.100):
Hg = 2.5H,
provided the owner or operator
produces evidence that this equation was actually relied on in establishing an
emission limitation;
B) For
all other stacks:
Hg = H + 1.5L
where:
|
Hg
|
=
|
good engineering practice stack height, measured from the ground-level
elevation at the base of the stack;
|
|
H
|
=
|
height of nearby structure or structures measured from the
ground-level elevation at the base of the stack;
|
|
L
|
=
|
lesser dimension, height or projected width, of nearby
structure or structures provided that USEPA or the Agency may require the use
of a field study or fluid model to verify good engineering practice stack
height for the source; or
|
3) The height demonstrated by a fluid model or a
field study approved by USEPA or the Agency that ensures the emissions from a
stack do not result in excessive concentrations of any air pollutant as a
result of atmospheric downwash, wakes, or eddy effects created by the source
itself, nearby structures, or nearby terrain features.
b) For purposes
of this definition, "stack" means any point in a source designed to
emit solids, liquids, or gases into the air, including a pipe or duct but not
including flares.
(Source: Added at 49 Ill. Reg. 6237,
effective April 23, 2025)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.1210 LOWEST ACHIEVABLE EMISSION RATE
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.1220 MAJOR MODIFICATION
Section 203.1220 Major
Modification
a) Except as provided in subsections (d) through (f)
below, "major modification" means any physical change or change in
the method of operation of a major stationary source that would result in: a
significant emissions increase (as defined in Section 203.1380) of a regulated
NSR pollutant (as defined in Section 203.1340); and a significant net emissions
increase of that regulated NSR pollutant for which the source is a major
stationary source.
b) Any
significant emissions increase (as defined in Section 203.1380) from any
emissions units or net emissions increase (as defined in Section 203.1260) at a
major stationary source that is significant for VOM or NOX shall be
considered significant for ozone.
c) A
physical change or change in the method of operation shall not include:
1) Routine
maintenance, repair and replacement;
2) Use
of an alternative fuel or raw material by reason of:
A) An
order under Section 2(a) and (b) of the Energy Supply and Environmental
Coordination Act of 1974 (15 U.S.C. 791) (or any superseding legislation); or
B) A
natural gas curtailment plan under the Federal Power Act (16 U.S.C. 791);
3) Use
of an alternative fuel by reason of an order or rule under section 125 of the
CAA (42 U.S.C. 7425);
4) Use
of an alternative fuel at a steam generating unit to the extent that the fuel
is generated from municipal solid waste;
5) Use
of an alternative fuel or raw material by a stationary source which:
A) The
source was capable of accommodating before December 21, 1976, unless such
change would be prohibited under any federally enforceable permit condition
which was established after December 21, 1976, pursuant to 40 CFR 52.21, 35
Ill. Adm. Code 204, this Part, or 35 Ill. Adm. Code 201.142 or 201.143; or
B) The
source is approved to use under any permit issued under 40 CFR 52.21, this
Part, 35 Ill. Adm. Code 204, or 35 Ill. Adm. Code 201.142 or 201.143;
6) An
increase in the hours of operation or in the production rate, unless such change
is prohibited under any enforceable permit condition which was established
after December 21, 1976 pursuant to 40 CFR 52.21, 35 Ill. Adm. Code 204, this
Part, or 35 Ill. Adm. Code 201.142 or 201.143; or
7) Any
change in ownership at a stationary source.
d) In the case of any
major stationary source of VOM or NOX located in an area classified
as serious or severe nonattainment for ozone (other than a source which emits
or has the potential to emit 100 tons or more of VOM or NOX per
year), whenever any change at that source results in a significant increase in
emissions of VOM or NOX, respectively, from any discrete operation,
unit, or other pollutant emitting activity at the source, such increase shall
be considered a major modification for purposes of this Part, except such increase
shall not be considered a major modification for such purposes if the owner or
operator of the source elects to offset the increase by a greater reduction in
emissions of VOM or NOX, respectively, from other operations, units,
or activities within the source at an internal offset ratio of at least 1.3 to
1.
e) In areas classified as extreme nonattainment for
ozone, beginning on the date that an area is classified by the USEPA as an
extreme nonattainment area for ozone, any physical change in or change in the
method of operation of a major stationary source which results in any increase
in emissions of VOM or NOX from a discrete operation, unit, or other
pollutant emitting activity shall be considered a major modification.
f) This definition shall not apply with respect to
a particular regulated NSR pollutant when the major stationary source is
complying with the requirements under Subpart Q for a PAL for that pollutant.
Instead, the definition at Section 203.2230 will apply.
(Source: Added at 49 Ill. Reg. 6237,
effective April 23, 2025)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.1230 MAJOR STATIONARY SOURCE
Section 203.1230 Major Stationary Source
a) The
following constitute a major stationary source:
1) For an area designated as nonattainment for
ozone, a major stationary source for ozone is a stationary source which emits
or has the potential to emit VOM in an amount equal to or greater than the
following:
A) 100
tpy in an area classified as marginal or moderate nonattainment for ozone;
B) 50 tpy
in an area classified as serious nonattainment for ozone;
C) 25 tpy
in an area classified as severe nonattainment for ozone; and
D) 10 tpy
in an area classified as extreme nonattainment for ozone.
2) For
an area designated as nonattainment for ozone, a major stationary source for
ozone is a stationary source which emits or has the potential to emit NOX
in an amount equal to or greater than the following, unless the USEPA has made
a finding under sections 110 and 182(f) of the CAA (42 U.S.C. 7410, 7511a(f))
that controlling of emissions of NOX from such source shall not be
required:
A) 100
tpy in an area classified as marginal or moderate nonattainment for ozone;
B) 50 tpy
in an area classified as serious nonattainment for ozone;
C) 25 tpy
in an area classified as severe nonattainment for ozone; and
D) 10 tpy
in an area classified as extreme nonattainment for ozone.
3) For
an area designated nonattainment for PM10, a major stationary source
is a stationary source which emits or has the potential to emit:
A) 100
tpy or more of PM10 in an area classified as moderate nonattainment
for PM10; and
B) 70 tpy
or more of PM10 in an area classified as serious nonattainment for
PM10.
4) For
an area designated nonattainment for PM2.5, a major stationary
source is a stationary source which emits or has the potential to emit:
A) 100
tpy or more of direct PM2.5 emissions in an area classified as
moderate nonattainment for PM2.5;
B) 100
tpy or more of any individual precursor for PM2.5 (as required in Section
203.1340) in an area classified as moderate nonattainment for PM2.5;
C) 70 tpy
or more of direct PM2.5 emissions in an area classified as serious
nonattainment for PM2.5; and
D) 70 tpy
or more of any individual precursor for PM2.5 (as required in Section
203.1340), in an area classified as serious nonattainment for PM2.5.
5) For an area designated nonattainment for CO, a
major stationary source is a stationary source which emits or has the potential
to emit:
A) 100
tpy or more in an area classified as moderate nonattainment for CO, except as
provided in subsection (a)(5)(B);
B) 50 tpy
or more in an area classified as serious nonattainment for CO where stationary
sources significantly contribute to ambient CO levels, as determined under
rules issued by the USEPA, under the CAA.
6) For an area designated as nonattainment for NO2,
a major stationary source is a stationary source which emits or has the
potential to emit 100 tpy or more of NOX.
7) For
an area designated nonattainment for a pollutant other than those pollutants
addressed in subsections (a)(1) through (a)(6) above, a major stationary source
is a stationary source which emits or has the potential to emit 100 tpy or more
of the pollutant.
8) For
stationary sources locating outside designated nonattainment areas for purposes
of Subpart R, a major stationary source is a stationary source which emits or
has the potential to emit 100 tpy or more of a regulated NSR pollutant.
b) Any
physical change that occurs at a stationary source which does not qualify under
subsection (a) as a major stationary source will be considered a major
stationary source, if the change would constitute a major stationary source by
itself.
c) The fugitive emissions of a stationary source shall
not be included in determining for any purposes of this Section whether it is a
major stationary source, unless the source belongs to one of the following
categories of stationary sources:
1) Coal
cleaning plants (with thermal dryers);
2) Kraft
pulp mills;
3) Portland
cement plants;
4) Primary
zinc smelters;
5) Iron
and steel mills;
6) Primary
aluminum ore reduction plants;
7) Primary
copper smelters;
8) Municipal
incinerators capable of charging more than 50 tons of refuse per day;
9) Hydrofluoric,
sulfuric, or nitric acid plants;
10) Petroleum
refineries;
11) Lime
plants;
12) Phosphate
rock processing plants;
13) Coke
oven batteries;
14) Sulfur
recovery plants;
15) Carbon
black plants (furnace process);
16) Primary
lead smelters;
17) Fuel
conversion plants;
18) Sintering
plants;
19) Secondary
metal production plants;
20) Chemical
process plants—The term "chemical processing plant" shall not include
ethanol production facilities that produce ethanol by natural fermentation
included in NAICS codes 325193 or 312140;
21) Fossil-fuel
boilers (or combination thereof) totaling more than 250 million Btu per hour
heat input;
22) Petroleum
storage and transfer units with a total storage capacity exceeding 300,000
barrels;
23) Taconite
ore processing plants;
24) Glass
fiber processing plants;
25) Charcoal
production plants;
26) Fossil
fuel-fired steam electric plants of more than 250 million Btu per hour heat
input; and
27) Any
other stationary source categories which, as of August 7, 1980, is being
regulated by a standard promulgated under section 111 or 112 of the CAA (42 U.S.C.
7411, 7412), but only with respect to those air pollutants that have been
regulated for that category.
(Source: Added at 49 Ill. Reg. 6237,
effective April 23, 2025)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.1240 NEARBY
Section 203.1240 Nearby
"Nearby", with respect to a specific structure or
terrain feature:
a) For purposes
of applying the formula provided in Section 203.1200(a)(2), means that distance
up to five times the lesser of the height or the width dimension of a
structure, but not greater than 0.8 km (½ mile); and
b) For
conducting demonstrations under Section 203.1200(a)(3), means not greater than
0.8 km (½ mile), except that a portion of a terrain feature may be considered
to be nearby if it falls within a distance of up to 10 times the maximum height
of the feature, not to exceed 2 miles if such feature achieves a height, 0.8 km
from the stack, that is at least 40 percent of the good engineering practice
stack height determined by the formula provided in Section 203.1200(a)(2)(B) or
26 meters, whichever is greater, as measured from the ground-level elevation at
the base of the stack. The height of the structure or terrain feature is
measured from the ground-level elevation at the base of the stack.
(Source: Added at 49 Ill. Reg. 6237,
effective April 23, 2025)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.1250 NECESSARY PRECONSTRUCTION APPROVALS OR PERMITS
Section
203.1250 Necessary Preconstruction Approvals or Permits
"Necessary preconstruction approvals or permits"
mean those permits or approvals required under federal air quality control laws
and regulations and those air quality control laws and regulations which are
part of the applicable SIP.
(Source: Added at 49 Ill. Reg. 6237,
effective April 23, 2025)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.1260 NET EMISSIONS INCREASE
Section 203.1260 Net Emissions Increase
a) "Net
emissions increase" means, with respect to any regulated NSR pollutant
emitted by a major stationary source, the amount by which the sum of the
following exceeds zero:
1) The
increase in emissions from a particular physical change or change in the method
of operation at a stationary source as calculated pursuant to Section 203.1410(c);
and
2) Any
other increases and decreases in actual emissions at the major stationary
source that are contemporaneous with the particular change and are otherwise
creditable. Baseline actual emissions for calculating increases and decreases
under this Section shall be determined as provided in Section 203.1070, except
that Section 203.1070(a)(3) and Section 203.1070(b)(4) shall not apply.
b) The following steps determine whether the
increase or decrease in emissions is available.
1) Except
for increases or decreases in VOM and NOX emissions in serious and
severe ozone nonattainment areas which are addressed in Section 203.1370(c), an
increase or decrease in actual emissions is contemporaneous only if it occurs
between the date that an increase from a particular change occurs and the date
five years before a timely and complete application is submitted for the
particular change. It shall also occur after either April 24, 1979, or the
date the area is designated by the USEPA as a nonattainment area for the
pollutant, whichever is more recent.
2) An
increase or decrease in actual emissions is creditable:
A) Only
if there is not in effect for the source at the time the particular change
occurs, a permit issued under this Part which relied on the same increase or
decrease in actual emissions; and
B) Only
to the extent the new and old levels differ.
3) A decrease in actual emissions is creditable only
to the extent that:
A) It is
enforceable as a practical matter at and after the time that actual
construction on the particular change begins;
B) It has
approximately the same qualitative significance for public health and welfare
as that attributed to the increase from the particular change;
C) The
old level of actual emissions or the old level of allowable emissions,
whichever is lower, exceeds the new level of actual emissions; and
D) The
Agency has not relied on it in issuing any permit under 35 Ill. Adm. Code
201.142 or 201.143 or this Part or 35 Ill. Adm. Code 204 or 40 CFR 52.21 and
has not relied on it for demonstrating attainment or reasonable further
progress.
4) An
increase that results from a physical change at a source occurs when the
emissions unit on which construction occurred becomes operational and begins to
emit a particular pollutant. Any emission unit that replaces an existing
emissions unit that requires shakedown becomes operational only after a
shakedown period, not to exceed 180 days.
5) Section
203.1040(b) shall not apply for determining creditable increases and decreases
after a change.
(Source: Added at 49 Ill. Reg. 6237,
effective April 23, 2025)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.1270 NONATTAINMENT AREA
Section
203.1270 Nonattainment Area
An area designated by the USEPA as nonattainment for a given
pollutant under section 107 of the CAA (42 U.S.C. 7407) in Subpart C of 40 CFR
Part 81.
(Source: Added at 49 Ill. Reg. 6237,
effective April 23, 2025)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.1280 NONATTAINMENT NEW SOURCE REVIEW (NA NSR) PERMIT
Section 203.1280 Nonattainment
New Source Review (NA NSR) Permit
"Nonattainment New Source Review permit" or
"NA NSR permit" means a permit or a portion of a permit for a new
major source or major modification that is issued by the Agency under the
construction permit program required by Section 9.1(c) of the Act that
has been approved by USEPA and incorporated into the Illinois SIP
to implement the requirements of section 173 of the CAA and 40 CFR
51.165. [415 ILCS 5/3.298]
(Source: Added at 49 Ill. Reg. 6237,
effective April 23, 2025)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.1290 POTENTIAL TO EMIT
Section
203.1290 Potential to Emit
"Potential to emit" means the maximum capacity of
a stationary source to emit a pollutant under its physical and operational
design. Any physical or operational limitation on the capacity of the source
to emit a pollutant, including air pollution control equipment and restrictions
on hours of operation or on the type or amount of material combusted, stored,
or processed, shall be treated as part of its design only if the limitation or
the effect it would have on emissions is federally enforceable or legally and
practicably enforceable by a state or local air pollution control agency.
Secondary emissions do not count in determining the potential to emit of a
stationary source.
(Source: Added at 49 Ill. Reg. 6237,
effective April 23, 2025)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.1300 PROCESS UNIT
Section 203.1300 Process Unit
"Process unit" means any collection of structures
and/or equipment that processes, assembles, applies, blends, or otherwise uses
material inputs to produce or store an intermediate or completed product. A
process unit may contain more than one emissions unit.
(Source: Added at 49 Ill. Reg. 6237,
effective April 23, 2025)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.1310 PROJECT
Section
203.1310 Project
"Project" means a physical change in or change in
the method of operation of an existing major stationary source.
(Source: Added at 49 Ill. Reg. 6237,
effective April 23, 2025)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.1320 PROJECTED ACTUAL EMISSIONS
Section 203.1320 Projected Actual Emissions
a) "Projected
actual emissions" means the maximum annual rate, in tons per year, at
which an existing emissions unit is projected to emit a regulated NSR pollutant
in any one of the 5 years (12-month period) following the date the unit resumes
regular operation after the project, or in any one of the 10 years following
that date, if the project involves increasing the emissions unit's design
capacity or its potential to emit that regulated NSR pollutant and full
utilization of the unit would result in a significant emissions increase or a
significant net emissions increase at the major stationary source.
b) In determining the projected actual emissions
under subsection (a) (before beginning actual construction), the owner or
operator of the major stationary source:
1) Shall consider all relevant information,
including, but not limited to, historical operational data, the company's own
representations, the company's expected business activity and the company's
highest projections of business activity, the company's filings with the State
or federal regulatory authorities, and compliance plans under Illinois' SIP;
and
2) Shall
include fugitive emissions to the extent quantifiable, and emissions associated
with startups, shutdowns, and malfunctions; and
3) Shall
exclude, in calculating any increase in emissions that results from the
particular project, that portion of the unit's emissions following the project
that an existing unit could have accommodated during the consecutive 24-month
period used to establish the baseline actual emissions under Section 203.1070
and that are also unrelated to the particular project, including any increased
utilization due to product demand growth; or
4) In
lieu of using the method set out in subsections (b)(1) through (b)(3), may
elect to use the emissions unit's potential to emit, in tons per year, as
defined under Section 203.1290.
(Source: Added at 49 Ill. Reg. 6237,
effective April 23, 2025)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.1330 REASONABLE FURTHER PROGRESS
Section
203.1330 Reasonable Further Progress
"Reasonable further progress" means the annual
incremental reductions in the emissions of the pollutant as determined by the
USEPA pursuant to Part D of Title I of the CAA (42 U.S.C. 7501 et seq.) and
federal regulations adopted pursuant thereto.
(Source: Added at 49 Ill. Reg. 6237,
effective April 23, 2025)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SECTION 203.1340 REGULATED NSR POLLUTANT
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
