Ill. Admin. Code tit. 35, § 291.102 Purpose

• Library: Illinois Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 47, No. 52, December 29, 2023
• Citation: Ill. Admin. Code tit. 35, § 291.102
• Year: 2023

a) These rules were developed by the Agency to provide guidance to sources that choose to show compliance with Section 9(a) of the Act or Rule 102 of the Pollution Control Board Rules and Regulations, Chapter 2: Air Pollution (codified as 35 Ill. Adm. Code undefinedProhibition of Air Pollution201.141 ), by performing comprehensive air quality impact evaluations.

b) These rules were formulated in response to the remand by the Illinois Supreme Court to the Pollution Control Board (Board) of the adoption of Rules 203(g)(1), 204(a)(1) and 204(c)(1)(A) (codified as 35 Ill. Adm. Code undefinedEmission Units For Which Construction or Modification Commenced Prior to April 14, 1972, Using Solid Fuel Exclusively Located in the Chicago Area212.201 through undefinedCoal-fired Industrial Boilers For Which Construction or Modification Commenced Prior to April 14, 1972, Equipped with Flue Gas Desulfurization Systems212.205, undefinedLarge Sources214.121(a) and undefinedSources Located in Metropolitan Areas214.141 ), which established particulate and sulfur dioxide emission standards for new and existing fuel combustion sources. Commonwealth Edison v. Pollution Control Board, 62 Ill. 2d 494 (1976). The Court's decision, however, did not eliminate the requirement of construction or operating permits for solid fuel emission sources; it also did not eliminate the prohibition of air pollution contained in Section 9(a) and Rule 102 nor the prohibition of ambient air quality violations contained in Rule 102.

c) Thus, for any period that Rules 203(g)(1), 204(a)(1) or 204(c)(1)(A) are not effective, construction and operating permit applications for solid fuel combustion sources will be evaluated on the basis of comprehensive air quality impact evaluations performed by the applicant and designed to enable the Agency to determine the status of compliance with respect to the air quality provisions of Section 9(a) and Rule...