Illinois Administrative Code

Section 261.110 Purpose a) The Illinois Environmental Protection Agency (Agency) is implementing the Illinois Clean Diesel Grant Program (ICDGP). The primary goal of this program is to reduce particulate matter emissions and other pollutants from diesel-powered vehicles and to im…

Section 261.120 Definitions For the purposes of this Part, the following definitions apply: Agency – Illinois Environmental Protection Agency. ARRA − American Recovery and Reinvestment Act of 2009 (Public Law 111-5). CMAQ - Congestion Mitigation and Air Quality Improvement Progra…

Section 261.140 Severability If any Section, subsection, sentence or clause of this Part shall be adjudged unconstitutional, void, invalid, or otherwise unlawful, such adjudication shall not affect the validity of this Part as a whole, or any Section, subsection, sentence, or cla…

Section 261.210 Uses of the Illinois Clean Diesel Grant Program The ICDGP shall be used and administered by the Agency for the following purposes: a) To accept and retain funds from awards, appropriations, SEPs, and other funding sources; and b) To make grants to eligible grant a…

Section 261.220 Agency Responsibilities under the Illinois Clean Diesel Grant Program a) The Agency shall review and evaluate grant applications on a competitive basis, issue grants in accordance with the requirements of the ICDGP and the applicable funding source, and conduct ov…

Section 261.230 Requirements for Grant Recipients under the Illinois Clean Diesel Grant Program a) Grant recipients shall execute and comply with a grant agreement issued by the Agency. To the extent that grant recipients engage a contractor or subcontractor to perform all or a p…

Section 261.310 Scope and Availability of Grants a) Subject to the availability of funding and the limitations, criteria, procedures, and requirements set forth in this Part, grant financial assistance from the ICDGP is available to grant applicants for projects which meet the go…

Section 261.320 Limitations on Grant Amounts a) Grant financial assistance is limited to: 1) Sufficient appropriation by the State and the availability of cash deposited into the applicable fund from the applicable funding source; and 2) Approved allowable costs as defined by thi…

Section 261.330 Grant Applicant Eligibility Criteria a) Grant applicants must be located in Illinois, unless otherwise agreed to by the Agency; b) Grant applicants must own the vehicle(s) or equipment involved in the proposed grant project, unless otherwise agreed to by the Agenc…

Section 261.340 Vehicle and Equipment Eligibility Criteria a) As approved by the Agency, eligible vehicles and equipment may include the following: 1) On-road diesel-powered vehicles or equipment; and 2) Off-road diesel-powered vehicles or equipment. b) The vehicle(s) or equipmen…

Section 261.350 Technology Eligibility Criteria a) The following technologies are eligible for grant financial assistance under this Part: 1) Verified retrofit technology, including, but not limited to, retrofit devices and engine upgrades, that when applied to an existing diesel…

Section 261.360 Grant Applications a) To be considered for a grant, grant applicants must submit to the Agency a complete application form and other required information. The grant application form must be signed and dated by a representative authorized to sign for the grant appl…

Section 261.370 Agency Action on Grant Applications a) Issuance of grants under this Part is subject to appropriation by the State and availability of funds from the applicable funding source. b) Completed grant applications shall remain active for funding for one year from Agenc…

Section 261.380 Grant Agreement a) If selected for a grant project, the Agency shall send the grant applicant a grant agreement. The grant applicant shall sign and return the grant agreement within the time period specified by the Agency. If the grant applicant fails to submit th…

Section 261.390 Amendments to Grant Agreement and Minor Project Scope of Work Changes From time to time, the Agency and grant recipient may propose changes to the grant agreement and mutually agree to changes to the grant agreement. a) Amendments to the Grant Agreement. A grant a…

Section 261.410 Project Initiation The grant recipient shall not commence the project scope of work until receipt of the Agency's project confirmation letter. In the event the grant recipient commences any part of the project scope of work prior to receipt of the Agency's project…

Section 261.420 Operation and Maintenance of the Project a) Grant recipients shall provide project oversight and monitoring to assure compliance with the project scope of work. b) Grant recipients must operate and maintain the vehicle, equipment, and/or technology according to ma…

Section 261.430 Delays and Developments a) The grant recipient shall notify the Agency in writing of any problems, delays, or adverse conditions which may materially impair its ability to complete the project scope of work. This notice shall include a statement of the action take…

Section 261.440 State and Federal Oversight a) The Agency and other entities as referenced in Subpart G of this Part shall have oversight of all grant projects performed under the ICDGP. Oversight includes, but is not limited to, access to the project work, personnel, and records…

Section 261.450 Evaluation of Performance The Agency shall oversee grant recipient performance in the following manner: a) The Agency shall evaluate the grant recipient's performance and progress towards completion of the grant project. b) If the Agency's evaluation reveals that …

Section 261.460 Final Inspection The grant recipient shall notify the Agency in writing within 30 calendar days after completion of the project scope of work. The Agency shall conduct the final inspection within 60 calendar days after receipt of the notice of completion. If the A…

Section 261.470 Equipment Disposition and Recoupment a) Grants under this Part are subject to applicable property disposition requirements contained in 40 CFR 30.34, 40 CFR 31.32, or 49 CFR 18.32, and the grant agreement. b) Subject to subsection (a), if at any time the vehicle o…

Section 261.510 Determination of Allowable Costs a) Allowable Costs. Allowable costs are reasonable and necessary costs directly attributable to the project scope of work. Allowable costs shall be identified in the grant agreement. Categories of reasonable and necessary costs inc…

Section 261.520 Use of Grant Funds and Unallowable Costs a) Grant funds shall be expended solely for approved allowable costs incurred in the performance of the project scope of work. b) Grant recipients shall pay the unallowable costs associated with the grant project, as well a…

Section 261.530 Disbursement of Grant Funds a) Unless otherwise authorized, the Agency shall use reimbursement disbursements as the method of payment of grant funds. b) Disbursements are subject to appropriation by the State and the availability of cash deposited into the applica…

Section 261.540 Agency Reimbursement The Agency shall be reimbursed for any grant funds disbursed which have not been spent in accordance with the Illinois Grant Funds Recovery Act [30 ILCS 705], this Part, or the grant agreement. The grant applicant must reimburse the Agency for…

Section 261.610 Noncompliance with Grant Requirements and Procedures a) In the event of noncompliance with any provision of the grant agreement or this Part, the Director may take any necessary action as provided by law or by the grant agreement against the grant recipient includ…

Section 261.620 Project Suspension a) In the event of any violation of this Part or noncompliance with any provision of the grant agreement, the Agency may, by written notice and order, require the grant recipient to suspend all or any part of the project scope of work for a peri…

Section 261.630 Grant Termination by the Agency The Agency, by written notice to the grant recipient, may terminate the grant in whole or in part. Cause for termination shall include, but is not limited to, an Agency determination that the grant recipient has failed to make suffi…

Section 261.640 Recovery of Grant Funds If the Agency determines that any grant funds are being misspent or improperly held by the grant recipient, the Agency or the Attorney General shall have the authority to recover those funds and take any action authorized by the Illinois Gr…

Section 261.650 Indemnification The grant recipient agrees to defend, indemnify, and hold harmless the State, its agencies, officers, employees, agents, and volunteers from any and all costs, demands, expenses, losses, claims, damages, liabilities, settlements, and judgments, inc…

Section 261.660 Disputes Relating to Performance a) Disputes relating to performance of the project scope of work that are not disposed of by agreement shall be decided by the Director, or his or her authorized representative, who shall render a decision in writing. This decision…

Section 261.710 Access a) Any entity with grant oversight authority, and any representative of such entity, shall have access, during normal business hours and at any other time during which project work is being performed, to the premises where any project work is being performe…

Section 261.720 Audit and Records a) The grant recipient, its contractors and subcontractors as applicable, shall maintain books, records, documents, reports, papers, agreements, sub-agreements, and other evidentiary material and accounting procedures and practices (hereinafter c…

Section 261.730 Single Audit Act Grant recipients, their contractors and subcontractors as applicable, shall comply with the provisions of the Single Audit Act (31 USC 7501 et seq.), as applicable, and inspections and investigations pertaining thereto.

Section 261.740 Reporting a) Grant recipients must provide any and all reports specified by the Agency in the grant agreement and must provide such reports in the time frame specified by the Agency. Grant recipients must comply with any and all other applicable State or federal r…

Section 266.100 Introduction Particulate emission standards and limitations for new process emission sources are contained in 35 Ill. Adm. Code 212.321 and for sources existing as of April 14, 1972 at 35 Ill. Adm. Code 212.322. To determine whether source emissions exceed the all…

Section 266.105 Definition of Process Weight Rate Process weight rate is defined at 35 Ill. Adm. Code 211.122 as follows: The actual weight or engineering approximation thereof of all materials except liquid and gaseous fuels and combustion air, introduced into any process per ho…

Section 266.110 Allowable Emission Rate for Small Operations For process weight rates of less than 100 pounds per hour (45.35 kg/hr), the allowable emissions rate is 0.55 pounds per hour (0.25 kg/hr).

Section 266.115 Process Weight Rate for Surface Preparation and Finishing Operations The substrate is not included in calculating the process weight rate for any surface operation. a) The process weight rate for painting operations is calculated by using the weight of the paint a…

Section 266.120 Process Weight Rate for Conveying Operations Items of equipment used to classify or to separate materials in conveying operations are considered emission sources, not control equipment. a) The process weight rate for conveying operations using fluid conveyors is c…

Section 266.125 Process Weight Rate for Heating or Heat Treating The process weight rate for heating or heat treating is calculated by using the weight of the material to be heated or treated.

Section 266.130 Process Weight Rate for Smokehouses The process weight rate for smokehouses is calculated by using the weight of the material burned or of the liquid smoke used.

Section 266.135 Process Weight Rate for Catalytic Reactions, Calcining, or Other Chemical Operations The process weight rate for catalytic reactions, calcining, or other chemical operations is calculated by using the weight of the material added to the process. The oxygen, which …

Section 266.140 Process Weight Rate for Fluxing The process weight rate for fluxing is calculated by using the weight of the flux used or the make-up flux added to the bath.

Section 266.145 Process Weight Rate for Inoculation, Demagging, Degassing The process weight rate for inoculation, demagging, degassing and related operations is calculated by using the weight of the material added to the bath.

Section 266.150 Process Weight Rate for Stripping Operations a) The process weight rate for chemical stripping operations is calculated by using the weight of the material stripped plus the weight of the chemicals added to the bath or expended during the operation. b) The process…