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
SUBPART A: GENERAL PROVISIONS
Section
203.101 Definitions
203.103 Actual Construction
203.104 Actual Emissions
203.107 Allowable Emissions
203.110
Available Growth Margin
203.112
Building, Structure and Facility
203.113 Commence
203.116 Construction
203.117
Dispersion Enhancement Techniques
203.119 Emission Baseline
203.121 Emission Offset
203.122 Emissions Unit
203.123 Federally Enforceable
203.124 Fugitive Emissions
203.125 Installation
203.126
Lowest Achievable Emission Rate
203.127 Nonattainment Area
203.128
Potential to Emit
203.131
Reasonable Further Progress
203.134 Secondary Emissions
203.136 Stationary Source
203.145
Volatile Organic Material (Repealed)
203.150 Public Participation
203.155 Severability (Repealed)
SUBPART B: MAJOR STATIONARY SOURCES IN NONATTAINMENT
AREAS
Section
203.201 Prohibition
203.202
Coordination With Permit Requirement and Application Pursuant to 35 Ill.
Adm. Code 201
203.203
Construction Permit Requirement and Application
203.204
Duration of Construction Permit (Repealed)
203.205
Effect of Permits
203.206
Major Stationary Source
203.207
Major Modification of a Source
203.208
Net Emission Determination
203.209
Significant Emissions Determination
203.210
Relaxation of a Source-Specific Limitation
203.211
Permit Exemption Based on Fugitive Emissions
SUBPART C: REQUIREMENTS FOR MAJOR STATIONARY SOURCES IN
NONATTAINMENT AREAS
Section
203.301
Lowest Achievable Emission Rate
203.302
Maintenance of Reasonable Further Progress and Emission Offsets
203.303
Baseline and Emission Offsets Determination
203.304
Exemptions from Emissions Offset Requirement (Repealed)
203.305
Compliance by Existing Sources
203.306
Analysis of Alternatives
SUBPART F: OPERATION OF A MAJOR STATIONARY SOURCE OR MAJOR
MODIFICATION
Section
203.601
Lowest Achievable Emission Rate Compliance Requirement
203.602
Emission Offset Maintenance Requirement
203.603
Ambient Monitoring Requirement (Repealed)
SUBPART G: GENERAL MAINTENANCE OF EMISSION OFFSETS
Section
203.701
General Maintenance of Emission Offsets
SUBPART H: OFFSETS FOR EMISSION INCREASES FROM ROCKET
ENGINES AND MOTOR FIRING
Section
203.801
Offsetting by Alternative or Innovative Means
AUTHORITY: Implementing Section 9.1 and 10 and authorized by Section 27 and 28.5
of the Environmental Protection Act (Ill. Rev. Stat. 1991, ch. 111 1/2, pars. 1009.1,
1010 and 1027) [415 ILCS 5/9.1, 10 27 and 28.5].
SOURCE: Adopted and codified at 7 Ill. Reg. 9344, effective July 22, 1983; codified at
7 Ill. Reg. 13588; amended in R85-20 at 12 Ill. Reg. 6118, effective March 22, 1988;
amended in R91-24 at 16 Ill. Reg. 13551, effective August 24, 1992; amended in R92-
21 at 17 Ill. Reg. 6973, effective April 30, 1993; amended in R93-9 at 17 Ill. Reg.
16630, effective September 27, 1993; amended in R93-26 at 18 Ill. Reg. 6335, effective
April 15, 1994; amended in R98-10 at 22 Ill. Reg. 5674, effective March 10, 1998.
SUBPART A: GENERAL PROVISIONS
Section 203.101 Definitions
Unless otherwise specified within this Part, the definitions of the 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)
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)
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)
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. 111
1/2, 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) above, the allowable emissions shall be the source's potential to emit.
(Source: Amended at 17 Ill. Reg. 6973, effective April 30, 1993)
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)
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
operation of engines to provide heat, refrigeration or lighting,
operating 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)
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 Section, 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 22, 1988)
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)
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)
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.
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)
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)
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)
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)
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)
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)
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)
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)
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)
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 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)
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)
Section 203.145 Volatile Organic Material (Repealed)
(Source: Repealed at 17 Ill. Reg. 16630, effective September 27, 1993)
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)
Section 203.155 Severability (Repealed)
(Source: Repealed at 12 Ill. Reg. 6118, effective March 22, 1988)
SUBPART B: MAJOR STATIONARY SOURCES IN NONATTAINMENT
AREAS
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)
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)
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)
Section 203.204 Duration of Construction Permit (Repealed)
(Source: Repealed at 12 Ill. Reg. 6118, effective March 22, 1988)
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.), this Chapter, and any other applicable requirements under local, state or federal
law.
(Source: Amended at 12 Ill. Reg. 6118, effective March 22, 1988)
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.)
Section 203.207 Major Modification of a Source
a) Except as provided in subsection (c), (d), (e) or (f) below, 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 U.S.C. 791), the
Power Plant and Industrial Fuel Use Act of 1978 (42 U.S.C. 8301)
(or any superseding legislation) or by reason of a natural gas
curtailment plan pursuant to the Federal Power Act (16 U.S.C.
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 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) Was capable of accommodating such alternative fuel or raw
material before December 21, 1976, and which 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, pursuant to 40 CFR 52.21, this Part, or
35 Ill. Adm. Code 201.142 or 201.143, or
B) Is approved for use under any permit issued pursuant to 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 which was established after December 21, 1976 pursuant
to 40 CFR 52.21, 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 which 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 which 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 22 Ill. Reg.5674, effective March 10, 1998)
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
oxides 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)
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)
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)
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
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)
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)
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 if return 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 of area is designated a nonattainment
area for the pollutant, whichever is more recent, and, until the
United States Environmental Protection Agency 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;
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. 111 1/2, 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)
Section 203.304 Exemptions from Emissions Offset Requirement (Repealed)
(Source: Repealed at 12 Ill. Reg. 6118, effective March 22, 1988)
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)
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
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)
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)
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
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
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)