Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 252 - PUBLIC ICIPATION IN THE AIR POLLUTION CONTROL PERMIT PROGRAM
Subpart A - INTRODUCTION
Section 252.104 - Applicability
Universal Citation: 35 IL Admin Code ยง 252.104
Current through Register Vol. 48, No. 38, September 20, 2024
a) This Part applies to all applications filed with the Agency for:
1) Permits for the construction of a new
major stationary source or a major modification of a major stationary source
pursuant to the NANSR rules (35 Ill. Adm. Code 203);
2) Permits for the construction of a new
major stationary source or a major modification of a major stationary source
pursuant to the PSD rules (35 Ill. Adm. Code 204);
3) Permits for the construction of a source
or a modification of a source that would constitute a new major stationary
source or a major modification of a major stationary source, subject to public
participation pursuant to subsections (a)(1) or (2), if they were not
accompanied by contemporaneous emissions decreases or if federally enforceable
significant restrictions were not placed on the source or modification by the
permit;
4) Permits for the use of
ACS pursuant to 35 Ill. Adm. Code 202;
5) Permits to operate sources pursuant to
CAAPP, Section 39.5 of the Act, and significant modifications of any permit
issued thereunder;
6) Permits to
operate sources that contain federally enforceable conditions, including
permits that exclude sources from the applicability of the permitting
requirements described in subsection (a)(1), (a)(2) or (a)(5);
7) Permits for the construction or
reconstruction of major sources of HAPs that require a determination of
case-by-case MACT, pursuant to Sections 9.1(d) and 39(f) of the Act and CAA
section 112(g) (
42 USC
7412(g));
8) Permits for the construction of a source
of public interest or emission units of public interest at a source, the
criteria for which are outlined in subsection (b);
9) Revisions to permits described in
subsections (a)(1), (a)(2), (a)(3), (a)(4), (a)(5), (a)(6) and (a)(7) as
specified by applicable regulations. This Part shall apply to all revisions
that: revise any standard established on a case-by-case basis; alter conditions
imposed to meet requirements for emissions offsets; or relax testing,
monitoring, recordkeeping or reporting requirements.
b) The Director of the Agency shall determine whether a source or emission units are of public interest. In making this decision, the Director of the Agency shall consider:
1) The type of permit for which the
application is made;
2) The nature
and amount of pollutants that will be emitted by the source;
3) Possible effects of the emissions on
health and the environment;
4) The
location of the source;
5) The
interest in the source exhibited by the public, based on comments and inquiries
received by the Agency;
6) Other
factors that are distinctive to the source; and
7) The proposed action by the
Agency.
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