# 35 Ill. Adm. Code 203.1070: Section 203.1070 Baseline Actual Emissions

> Illinois · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T35_P203_S203_1070

## Section

- **Citation:** 35 Ill. Adm. Code 203.1070
- **Heading:** Section 203.1070 Baseline Actual Emissions
- **Jurisdiction:** Illinois
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Illinois Administrative Code / Title 35 ENVIRONMENTAL PROTECTION / CHAPTER I: POLLUTION CONTROL BOARD / Part 203 MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION / Section 203.1070 Baseline Actual Emissions

## Text

Section 203.1070  Baseline Actual Emissions
"Baseline actual emissions" means the rate of
emissions, in tons per year, of a regulated NSR pollutant, as determined in
accordance with subsections (a) through (d).
a)         For any existing electric utility steam
generating unit, baseline actual emissions means the average rate, in tons per
year, at which the unit actually emitted the pollutant during any consecutive
24-month period selected by the owner or operator within the 5-year period
immediately preceding when the owner or operator begins actual construction of
the project. The Agency shall allow the use of a different time period upon a
determination that it is more representative of normal source operation.
1)         The
average rate shall include fugitive emissions to the extent quantifiable, and
emissions associated with startups, shutdowns, and malfunctions.
2)         The
average rate shall be adjusted downward to exclude any non-compliant emissions
that occurred while the source was operating above any emission limitation that
was legally enforceable during the consecutive 24-month period.
3)         For a
regulated NSR pollutant, when a project involves multiple emissions units, only
one consecutive 24-month period must be used to determine the baseline actual
emissions for the emissions units being changed. A different consecutive
24-month period can be used for each regulated NSR pollutant.
4)         The
average rate shall not be based on any consecutive 24-month period for which
there is inadequate information for determining annual emissions, in tons per
year, and for adjusting this amount if required by subsection (a)(2)
e the baseline actual
emissions for the emissions units being changed. A different consecutive
24-month period can be used for each regulated NSR pollutant.
4)         The
average rate shall not be based on any consecutive 24-month period for which
there is inadequate information for determining annual emissions, in tons per
year, and for adjusting this amount if required by subsection (a)(2).
b)         For an existing emissions unit (other than an
electric utility steam generating unit), baseline actual emissions means the
average rate, in tons per year, at which the emissions unit actually emitted
the pollutant during any consecutive 24-month period selected by the owner or
operator within the 10-year period immediately preceding either the date the
owner or operator begins actual construction of the project, or the date a
complete permit application is received by the Agency for a permit required by
the SIP, whichever is earlier, except that the 10-year period shall not include
any period earlier than November 15, 1990.
1)         The
average rate shall include fugitive emissions to the extent quantifiable, and
emissions associated with startups, shutdowns, and malfunctions.
2)         The
average rate shall be adjusted downward to exclude any non-compliant emissions
that occurred while the source was operating above an emission limitation that
was legally enforceable during the consecutive 24-month period.
3)         The
average rate shall be adjusted downward to exclude any emissions that would
have exceeded an emission limitation with which the major stationary source
must currently comply, had such major stationary source been required to comply
with such limitations during the consecutive 24-month period. "Currently"
in the context of a contemporaneous emissions change refers to limitations on
emissions and source operation that existed just prior to the date of the
contemporaneous change
eded an emission limitation with which the major stationary source
must currently comply, had such major stationary source been required to comply
with such limitations during the consecutive 24-month period. "Currently"
in the context of a contemporaneous emissions change refers to limitations on
emissions and source operation that existed just prior to the date of the
contemporaneous change. However, if an emission limitation is part of a Maximum
Achievable Control Technology standard that the USEPA proposed or promulgated
under 40 CFR Part 63 (incorporated by reference in Section 203.1000), the
baseline actual emissions need only be adjusted if the Agency has taken credit
for such emissions reductions in an attainment demonstration or maintenance
plan consistent with the requirements of Section 203.1810(g)(2).
4)         For a
regulated NSR pollutant, when a project involves multiple emissions units, only
one consecutive 24-month period must be used to determine the baseline actual
emissions for all the emissions units being changed. A different consecutive
24-month period can be used for each regulated NSR pollutant.
5)         The
average rate shall not be based on any consecutive 24-month period for which
there is inadequate information for determining annual emissions, in tons per
year, and for adjusting this amount if required by subsections (b)(2) and
(b)(3).
c)         For a
new emissions unit, the baseline actual emissions for purposes of determining
the emissions increase that will result from the initial construction and
operation of such unit shall equal zero.  Thereafter, for all other purposes,
it shall equal the unit's potential to emit
missions, in tons per
year, and for adjusting this amount if required by subsections (b)(2) and
(b)(3).
c)         For a
new emissions unit, the baseline actual emissions for purposes of determining
the emissions increase that will result from the initial construction and
operation of such unit shall equal zero.  Thereafter, for all other purposes,
it shall equal the unit's potential to emit.
d)         For a PAL for a stationary source, the baseline
actual emissions shall be calculated for existing electric utility steam
generating units in accordance with the procedures contained in subsection (a),
for other existing emissions units in accordance with the procedures contained
in subsection (b), and for a new emissions unit in accordance with the
procedures contained in subsection (c).

## Nearby sections

- [35 Ill. Adm. Code 203.1000 Section 203.1000  Incorporations by Reference](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T35_P203_S203_1000.md)
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- [35 Ill. Adm. Code 203.1070 Section 203.1070  Baseline Actual Emissions](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T35_P203_S203_1070.md)
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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T35_P203_S203_1070. Check the current official text before relying on it. Not legal advice.
