1. Section 201.142Construction Permit Required

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TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS
 
PART 201
PERMITS AND GENERAL PROVISIONS
 
SUBPART A: DEFINITIONS
 
Section
201.101 Other Definitions
201.102 Definitions
201.103 Abbreviations and Units
201.104 Incorporations by Reference
 
 
SUBPART B: GENERAL PROVISIONS
 
Section
201.121 Existence of Permit No Defense
201.122 Proof of Emissions
201.123 Burden of Persuasion Regarding Exceptions
201.124 Annual Report
201.125 Severability
201.126 Repealer
 
 
SUBPART C: PROHIBITIONS
 
Section
201.141 Prohibition of Air Pollution
201.142 Construction Permit Required
201.143 Operating Permits for New Sources
201.144 Operating Permits for Existing Sources
201.146 Exemptions from State Permit Requirements
201.147 Former Permits
201.148 Operation Without Compliance Program and Project Completion Schedule
201.149 Operation During Malfunction, Breakdown or Startups
201.150 Circumvention
201.151 Design of Effluent Exhaust Systems
 

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SUBPART D: PERMIT APPLICATIONS AND REVIEW PROCESS
 
Section
201.152 Contents of Application for Construction Permit
201.153 Incomplete Applications (Repealed)
201.154 Signatures (Repealed)
201.155 Standards for Issuance (Repealed)
201.156 Conditions
201.157 Contents of Application for Operating Permit
201.158 Incomplete Applications
201.159 Signatures
201.160 Standards for Issuance
201.161 Conditions
201.162 Duration
201.163 Joint Construction and Operating Permits
201.164 Design Criteria
201.165 Hearings
201.166 Revocation
201.167 Revisions to Permits
201.168 Appeals from Conditions
201.169 Special Provisions for Certain Operating Permits
201.170 Portable Emission Units
 
SUBPART E: SPECIAL PROVISIONS FOR OPERATING PERMITS FOR CERTAIN
SMALLER SOURCES
 
Section
201.180 Applicability (Repealed)
201.181 Expiration and Renewal (Repealed)
201.187 Requirement for a Revised Permit (Repealed)
 
 
SUBPART F: CAAPP PERMITS
 
Section
201.207 Applicability
201.208 Supplemental Information
201.209 Emissions of Hazardous Air Pollutants
201.210 Categories of Insignificant Activities or Emission Levels
201.211 Application for Classification as an Insignificant Activity
201.212 Revisions to Lists of Insignificant Activities or Emission Levels

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SUBPART G: EXPERIMENTAL PERMITS
(Reserved)
 
SUBPART H: COMPLIANCE PROGRAMS AND PROJECT COMPLETION
SCHEDULES
 
Section
201.241 Contents of Compliance Program
201.242 Contents of Project Completion Schedule
201.243 Standards for Approval
201.244 Revisions
201.245 Effects of Approval
201.246 Records and Reports
201.247 Submission and Approval Dates
 
 
SUBPART I: MALFUNCTIONS, BREAKDOWNS OR STARTUPS
 
Section
201.261 Contents of Request for Permission to Operate During a Malfunction,
Breakdown or Startup
201.262 Standards for Granting Permission to Operate During a Malfunction,
Breakdown or Startup
201.263 Records and Reports
201.264 Continued Operation or Startup Prior to Granting of Operating Permit
201.265 Effect of Granting of Permission to Operate During a Malfunction,
Breakdown or Startup
 
 
SUBPART J: MONITORING AND TESTING
 
Section
201.281 Permit Monitoring Equipment Requirements
201.282 Testing
201.283 Records and Reports
 
 
SUBPART K: RECORDS AND REPORTS
 
Section
201.301 Records
201.302 Reports

 
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SUBPART L: CONTINUOUS MONITORING
 
Section
201.401 Continuous Monitoring Requirements
201.402 Alternative Monitoring
201.403 Exempt Sources
201.404 Monitoring System Malfunction
201.405 Excess Emission Reporting
201.406 Data Reduction
201.407 Retention of Information
201.408 Compliance Schedules
 
Appendix A Rule into Section Table
Appendix B Section into Rule Table
Appendix C Past Compliance Dates
 
AUTHORITY: Implementing Sections 10, 39, and 39.5 and authorized by Section 27 of
the Environmental Protection Act [415 ILCS 5/10, 27, 39, and 39.5].
 
SOURCE: Adopted as Chapter 2: Air Pollution, Part I: General Provisions, in R71-23, 4
PCB 191, filed and effective April 14, 1972; amended in R78-3 and 4, 35 PCB 75 and
243, at 3 Ill. Reg.30, p. 124, effective July 28, 1979; amended in R80-5, at 7 Ill. Reg.
1244, effective January 21, 1983; codified at 7 Ill. Reg. 13579; amended in R82-1
(Docket A) at 10 Ill. Reg. 12628, effective July 7, 1986; amended in R87-38 at 13 Ill.
Reg. 2066, effective February 3, 1989; amended in R89-7(A) at 13 Ill. Reg. 19444,
effective December 5, 1989; amended in R89-7(B) at 15 Ill. Reg. 17710, effective
November 26, 1991; amended in R93-11 at 17 Ill. Reg. 21483, effective December 7,
1993; amended in R94-12 at 18 Ill. Reg. 15002, effective September 21, 1994; amended
in R94-14 at 18 Ill. Reg. 15760, effective October 17, 1994; amended in R96-17 at 21 Ill.
Reg. 7878, effective June 17, 1997; amended in R98-13 at 22 Ill. Reg. 11451, effective
June 23, 1998; amended in R98-28 at 22 Ill. Reg. 11823, effective July 31, 1998;
amended in R02 - , effective .
 
SUBPART C: PROHIBITIONS
 
Section 201.142 Construction Permit Required
 
No person shall cause or allow the construction of any new emission source or any new
air pollution control equipment, or cause or allow the modification of any existing

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emission source or air pollution control equipment, without first obtaining a construction
permit from the Agency, except as provided in Sections 201.146 or Section 201.170(b) of
this Part.
 
(Source: Amended at _____ Ill. Reg. __________, effective ______________________)
 
SUBPART D: PERMIT APPLICATIONS AND REVIEW PROCESS
 
Section 201.170 Portable Emission Units
 
a) An emission unit or units is portable provided that the emission unit or
units meets the following criteria.
 
1) Emissions from the emission unit or units are expected to occur for
less than one year at any one site.
 
2) The emission unit or units of air pollution is subject to the
requirements of Section 201.169 of this Subpart.
 
3) The emission unit or group of emission units that will be changing
sites is permitted to emit less than 25 tons per year of any
combination of regulated air pollutants.
 
4) The emission unit or units is mounted on a chassis or skids and is
designed to be moveable.
 
5) The emission unit or units is not used as a thermal desorption
system pursuant to 35 Ill. Adm. Code 728.Table F or as an
incinerator system.
 
b) An owner or operator of a portable emission unit or units meeting the
requirements of subsection (a) of this Section may change the site of such
unit or units without obtaining a new construction or operating permit
pursuant to Section 201.142, 201.143, or 210.169 of this Part, provided
that the owner or operator meets the following requirements:
 
1) The owner or operator has obtained a construction and operating
permit containing special conditions as required by subsection (c)
of this Section for such unit or units, or is exempt pursuant to
subsection (d) of this Section.

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2) If a permit issued pursuant to subsection (c) of this Section
includes more than one emission unit, the owner or operator shall
move all emission units covered by the permit to the new site.
 
3) The owner or operator does not locate the emission unit or units on
a site with a source:
 
A) That is subject to the requirements of Section 39.5 of the
Act; or
 
B) That would become subject to the requirements of Section
39.5 of the Act if the emissions of all regulated pollutants
from the portable emission unit or units were included in
such source’s potential to emit.
 
4) The owner or operator does not modify the operation of the
emission unit or units in such a way so as to:
 
A) Make the emission unit or units subject to New Source
Review (NSR) requirements pursuant to 35 Ill. Adm. Code
203 or to Prevention of Significant Deterioration (PSD)
pursuant to Section 9.1(a) of the Act; or
 
B) Make the emission unit or units a support facility of a
source that is subject to Section 39.5 of the Act.
 
5) Prior to moving the emission unit or units to a new site, the owner
or operator shall notify the Agency by certified mail of the items
listed below unless the emission unit or units is exempt pursuant to
subsection (d) of this Section:
 
A) The location of the new site;
 
B) The estimated emissions of all regulated air pollutants
while located at the new site; and
 
C) That the operation of the unit or unit will be consistent with
its construction and operating permits.
 

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6) The owner or operator shall keep a copy of the construction and
operating permits for that emission unit or units on the site where
the emission unit or units are in operation.
 
c) Permit Requirements.
 
1) The owner or operator unit must obtain a new or amended
construction and operating permit containing special conditions for
changing the site of the portable emission unit or units pursuant to
the requirements of Sections 201.142, 201.143 and 201.169 of this
Subpart prior to an initial change in site of an emission unit or
units. The permit application, in addition to the information
required pursuant to Section 201.152, 201.157 and 201.169 of this
Part, must contain the following information:
 
A) The initial site of the emission unit or units;
 
B) A permanent address where correspondence may be sent to
the owner or operator; and
 
C) The permanent site of any required operating records.
 
2) If the portable emission unit or units has a permit pursuant to this
subsection, but has not changed sites within the prior twelve
months at least once, the owner or operator shall obtain a revised
permit prior to changing the site of the emission unit or units.
 
d) The owner or operator of a portable emission unit or units that is included
in more than one operating permit and meets the requirements of
subsections (a)(2) through (a)(5), (b)(3), (b)(4) and (b)(6) of this Section
may change the site of such unit or units without obtaining a new
construction or operating permit pursuant to Section 201.142, 201.143 or
201.169 of this Part when such unit or units is moved to a site covered by
such permit.
 
(Source: Added at _____ Ill. Reg. __________, effective ________________________)

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