Illinois New Source Review regulations & environmental compliance analysis

Illinois New Source Review : What you need to know

Governing Law and Regulations

Construction permits: 35 Illinois Administrative Code (IAC): 201.142, 35 IAC 201.146, and 35 IAC 201.152

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Exemptions from construction permits: 35 IAC 201.146

Nonattainment New Source Review (NSR): 35 IAC 203.101 to 203.801

Nonattainment areas: 40 CFR 81.314 and 40 CFR 52.726

Applicability: 35 IAC 203.201 to 203.211

Permitting requirements: 35 IAC 203.203 and 35 IAC 203.301 to 203.306

Prevention of Significant Deterioration (PSD): 40 CFR 52.21 and 40 CFR 52.738

Regulatory Agency

Illinois Environmental Protection Agency (IEPA) Bureau of Air Division of Air Pollution Control

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. Illinois requires a facility to apply for and obtain a construction permit before beginning construction of a new source or modifying an existing source. New major sources or modifications to existing major sources must comply with the applicable provisions of nonattainment New Source Review (NSR) and/or Prevention of Significant Deterioration (PSD), depending on the attainment status of the area in which the source is located and the type and quantity of air pollutants emitted.

Illinois currently has several counties that are in nonattainment with one or more of the National Ambient Air Quality Standards (NAAQS). Therefore, the provisions of nonattainment NSR apply to new major sources or major modifications in those areas. Illinois administers a state implementation plan (SIP)-approved nonattainment NSR program. Therefore, the provisions of federal NSR and any amendments are not effective in Illinois until a SIP revision incorporating provisions at least as stringent as the federal requirements is submitted by the state ...

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