Illinois Administrative Code

Section 187.406 Criteria for Approval of an EMSA a) In accordance with Section 52.3-1 of the Act, the Agency may approve an EMSA only if the sponsor demonstrates that the proposed pilot project would: 1) Achieve emissions reductions or reductions in discharges or wastes beyond th…

Section 187.408 Execution of an EMSA a) An EMSA developed in accordance with this Part, and which has been approved by the Director, shall become effective upon signature by the sponsor and the Director. b) An EMSA shall operate in lieu of all applicable environmental requirement…

Section 187.410 Performance Assurance a) The Agency is authorized to monitor compliance with the EMSA and may access and enter the facilities, buildings or property that are the subject of the pilot project for purposes of monitoring compliance, and to require such recordkeeping …

Section 187.412 Modification of an EMSA a) An EMSA executed under this Part may be amended by mutual agreement between the Agency and a sponsor, provided all members of the stakeholder group have received prior written notice and an opportunity to comment on a proposed modificati…

Section 187.414 Termination of an EMSA a) Termination by the Agency 1) In the case of deficient performance of any term or condition in an EMSA that prevents achievement of the stated purposes in subsection (b) of Section 52.3-1 of the Act, the Agency may terminate the EMSA and t…

Section 187.416 Renewal of an EMSA a) An initial agreement may be renewed for additional appropriate periods if the Agency finds the EMSA continues to meet applicable requirements and the purposes of Section 52.3-1 of the Act. b) In determining whether to renew an EMSA, the Agenc…

Section 190.100 Purpose The purpose of this Part is to set forth the annual collection goals for calendar years 2015 through 2020 for out-of-service mercury thermostats collected in accordance with collection programs established by thermostat manufacturers under the Mercury Ther…

Section 190.110 Applicability This Part applies to thermostat manufacturers required to operate programs for the collection, transportation and proper management of out-of-service mercury thermostats pursuant to Section 15 of the Act.

Section 190.120 Definitions Except as stated in this Section, or unless a different meaning of a word or term is clear from the context, the definitions of words or terms in this Part will be the same as those applied to the same words or terms in the Mercury Thermostat Collectio…

Section 190.130 Annual Collection Goals a) Collection programs required under the Act must be designed to collectively achieve the following annual statewide collection goals: 1) Compliance with the Collection Program Goals set forth in Section 190.135; and 2) The collection of n…

Section 190.135 Narrative Collection Program Goals a) Collection Program Goals 1) Each collection program must maintain at least 525 collection locations statewide, or 20% more collection locations statewide than were maintained during the previous calendar year, whichever is les…

Section 190.140 Severability If any Section, subsection, sentence, or clause of this Part is judged invalid, that adjudication will not affect the validity of this Part as a whole or any Section, subsection, sentence, or clause of this Part not judged invalid. (Source: Amended at…

Section 201.101 Other Definitions a) Except as stated and unless a different meaning of a term is clear from its context, the definitions of terms used in this Part shall be the same as those used in the Environmental Protection Act [415 ILCS 5] (Act). b) All terms defined in 35 …

Section 201.102 Definitions "Air Contaminant": any solid, liquid or gaseous matter, any odor or any form of energy, that is capable of being released into the atmosphere from an emission source. "Air Pollution Control Equipment": any equipment or facility of a type intended to el…

Section 201.103 Abbreviations and Units a) The following abbreviations have been used in this Part: Act Illinois Environmental Protection Act AER Annual Emissions Report Agency Illinois Environmental Protection Agency btu or Btu British thermal units CAA Clean Air Act CAAPP Clean…

Section 201.104 Incorporations by Reference The following materials are incorporated by reference. These incorporations by reference do not include any later amendments or editions: a) Standard Industrial Classification Manual (1972), Superintendent of Documents, U.S. Government …

Section 201.121 Existence of Permit No Defense The existence of a permit under this Part shall not constitute a defense to a violation of the Act or any rule or regulation of this Chapter, except for construction or operation without a permit.

Section 201.122 Proof of Emissions Notwithstanding other provisions of this Chapter, evidence that specified air contaminant emissions, as calculated on the basis of standard emission factors or other factors generally accepted as true by those persons engaged in the field of air…

Section 201.123 Burden of Persuasion Regarding Exceptions In any proceeding pursuant to this Chapter, if an exception stated in this Chapter would limit an obligation, limit a liability or eliminate either an obligation or a liability, the person who would benefit from the applic…

Section 201.124 Annual Report The Agency shall annually prepare and submit to the Board an Air Contaminant Emission Report which lists the emission sources in the State for which an operating permit is required under this Part, describes the type, quantity and concentrations of t…

Section 201.125 Severability If any provision of these rules or regulations is adjudged invalid, or if the application thereof to any person or in any circumstance is adjudged invalid, such invalidity shall not affect the validity of this Chapter as a whole or of any part, subpar…

Section 201.126 Repealer Each provision of the Rules and Regulations Governing the control of Air Pollution, as amended August 19, 1969, applying to an emission source shall remain in full force and effect unless and until such source is required to comply with a corresponding pr…

Section 201.141 Prohibition of Air Pollution No person shall cause or threaten or allow the discharge or emission of any contaminant into the environment in any State so as, either alone or in combination with contaminants from other sources, to cause or tend to cause air polluti…

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 emission source or air pollution control equipment, without first…

Section 201.143 Operating Permits for New Sources No person shall cause or allow the operation of any new emission source or new air pollution control equipment of a type for which a construction permit is required by Section 201.142 without first obtaining an operating permit fr…

Section 201.144 Operating Permits for Existing Sources No person shall cause or allow the operation of any existing emission source or any existing air pollution control equipment without first obtaining an operating permit from the Agency, except as provided in Section 201.146. …

Section 201.146 Exemptions from State Permit Requirements Construction or operating permits, pursuant to Sections 201.142, 201.143 and 201.144 of this Part, are not required for the classes of equipment and activities listed below in this Section. The permitting exemptions in thi…

Section 201.147 Former Permits Any permit issued by the Agency, or any predecessor, is subject to the requirements of Section 201.121, 201.142 through 201.146 and Subparts D through F, and shall be revised or revoked as necessary to conform to this Chapter.

Section 201.148 Operation Without Compliance Program and Project Completion Schedule a) No person shall cause or allow the operation of an emission source which is not in compliance with the requirements of 35 Ill. Adm. Code 215 unless such person is in compliance with a complian…

Section 201.149 Operation During Malfunction, Breakdown or Startups A person must not cause or allow the continued operation of an emission source during malfunction or breakdown of the emission source or related air pollution control equipment if such operation would cause a vio…

Section 201.150 Circumvention Except as provided in 35 Ill. Adm. Code 212.207, 214.162 and 214.182 through 214.185, and except as further provided by Section 201.151, no person shall cause or allow the construction or operation of any device or any means, including the creation o…

Section 201.151 Design of Effluent Exhaust Systems a) No person shall cause or allow the operation of an emission source or of air pollution control equipment without providing one or more stacks or vents that are designed to prevent the concentration of any air contaminant from:…

Section 201.152 Contents of Application for Construction Permit An application for a construction permit shall contain, as a minimum, the following data and information: The nature of the emission unit and air pollution control equipment, including the expected life and deteriora…

Section 201.153 Incomplete Applications (Repealed) (Source: Repealed at 22 Ill. Reg. 11451, effective June 23, 1998)

Section 201.154 Signatures (Repealed) (Source: Repealed at 22 Ill. Reg. 11451, effective June 23, 1998)

Section 201.155 Standards for Issuance (Repealed) (Source: Repealed at 22 Ill. Reg. 11451, effective June 23, 1998)

Section 201.156 Conditions The Agency may impose such conditions in a construction permit as may be necessary to accomplish the purposes of the Act, and as are not inconsistent with the regulations promulgated by the Board thereunder. Except as herein specified, nothing in this C…

Section 201.157 Contents of Application for Operating Permit An application for an operating permit must contain the data and information specified in Section 201.152. Each application must list all individual emission units and air pollution equipment for which a permit is sough…

Section 201.158 Incomplete Applications An application shall not be deemed to be filed until the applicant has submitted all information and completed application forms required by Section 201.152 or 201.157 of this Subpart, whichever is applicable, and procedures adopted and eff…

Section 201.159 Signatures All applications and supplements thereto shall be signed by the owner and operator of the source, or their authorized agent, and shall be accompanied by evidence of authority to sign the application. (Source: Amended at 22 Ill. Reg. 11451, effective Jun…

Section 201.160 Standards for Issuance a) No construction permit shall be granted unless the applicant submits proof to the Agency that: 1) The emission unit or air pollution control equipment will be constructed or modified to operate so as not to cause a violation of the Act or…

Section 201.161 Conditions The Agency may impose such conditions in an operating permit as may be necessary to accomplish the purposes of the Act, and as are not inconsistent with the regulations promulgated by the Board thereunder. Except as herein specified, nothing in this Cha…

Section 201.162 Duration a) No operating permit shall be valid longer than ten years or such shorter period as the Agency may specify in the operating permit as necessary to accomplish the purposes of the Act and this Chapter, unless the source is subject to: 1) Section 201.169 o…

Section 201.163 Joint Construction and Operating Permits In cases where the Agency determines that an emission unit or air pollution control equipment is sufficiently standard so as to obviate the need for separate construction and operating permits, the Agency may issue a joint …

Section 201.164 Design Criteria a) The Agency may adopt procedures that set forth criteria for the design, operation or maintenance of emission units and air pollution control equipment. These procedures shall be revised from time to time to reflect current engineering judgment a…

Section 201.165 Hearings a) The Agency may conduct hearings, prior to issuing a permit pursuant to this Chapter, to determine whether an applicant has submitted proof that the emission source or air pollution control equipment is or will be in compliance with every rule of this C…

Section 201.166 Revocation Violation of any of the conditions of a permit, or the failure to comply with any rule or regulation of this Chapter, shall be grounds for revocation of the permit, as well as for other sanctions provided in the Act. Such sanctions shall be sought by fi…