# 35 Ill. Adm. Code 203.207: Section 203.207 Major Modification of a Source

> Illinois · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T35_P203_S203_207

## Section

- **Citation:** 35 Ill. Adm. Code 203.207
- **Heading:** Section 203.207 Major Modification of a Source
- **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 203.207 Major Modification of a Source

## Text

Section 203
Section 203.207  Major
Modification of a Source
a)         Except as provided in subsection (c), (d), (e) or (f), a
physical change, or change in the method of operation of a major stationary
source that would result in a significant net emissions increase of any
pollutant for which the area is designated a nonattainment area, shall
constitute a major modification of a source.
b)         Any net emissions increase that is significant for volatile
organic material or nitrogen oxides shall be considered significant for ozone.
c)         A physical change or change in the method of operation shall
not include:
1)         Routine maintenance and repair.
2)         Use of an alternative fuel or raw material by reason of any
order under Section 2(a) and (b) of the Energy Supply and Environmental
Coordination Act of 1974 (15 USC 791), the Power Plant and Industrial Fuel Use
Act of 1978 (42 USC 8301) (or any superseding legislation) or by reason of a
natural gas curtailment plan under the Federal Power Act (16 USC 791, et seq.).
3)         Use of an alternative fuel by reason of an order or rule under
Section 125 of the Clean Air Act (42 USC 7425).
4)         Use of an alternative fuel at a steam generating unit to the
extent that the fuel is generated from municipal solid waste.
5)         Use of an alternative fuel or raw material by a stationary
source that:
A)        Was capable of accommodating such alternative fuel or raw
material before December 21, 1976, and that has continuously remained capable
of accommodating such fuels or materials unless such change would be prohibited
under any enforceable permit condition established after December 21, 1976, under
40 CFR 52.21, 35 Ill. Adm. Code 204, this Part, or 35 Ill. Adm. Code 201.142 or
201.143; or
B)        Is approved for use under any permit issued under this Part or
35 Ill. Adm. Code 201.142 or 201.143
s continuously remained capable
of accommodating such fuels or materials unless such change would be prohibited
under any enforceable permit condition established after December 21, 1976, under
40 CFR 52.21, 35 Ill. Adm. Code 204, this Part, or 35 Ill. Adm. Code 201.142 or
201.143; or
B)        Is approved for use under any permit issued under this Part or
35 Ill. Adm. Code 201.142 or 201.143.
6)         An increase in the hours of operation or in the production
rate, unless such change is prohibited under any enforceable permit condition that
was established after December 21, 1976 under 40 CFR 52.21, 35 Ill. Adm. Code
204, this Part, or 35 Ill. Adm. Code 201.142 or 201.143.
7)         Any change in ownership at a stationary source.
d)         In an area classified as serious or severe nonattainment for
ozone, increased emissions of volatile organic material or nitrogen oxides
resulting from any physical change in, or change in the method  of operation
of, a stationary source located in the area shall be considered de minimis for
purposes of this Part if the increase in net emissions of such air pollutant
from such source does not exceed 25 tons when aggregated with all other net
increases in emissions from the source over any period of five consecutive
calendar years that includes the year in which such increase occurred.
e)         In the case of any major stationary source of volatile organic
material or nitrogen oxides located in an area classified as serious or severe
nonattainment for ozone (other than a source that emits or has the potential to
emit 100 tons or more of volatile organic material or nitrogen oxides per
year), whenever any change at that source results in any increase (other than a
de minimis increase) in emissions of volatile organic material or nitrogen
oxides, respectively, from any discrete operation, unit, or other pollutant
emitting activity at the source, such increase shall be considered a major
modification for purposes of this Part, except such increase shall
or nitrogen oxides per
year), whenever any change at that source results in any increase (other than a
de minimis increase) in emissions of volatile organic material or nitrogen
oxides, respectively, from any discrete operation, unit, or other pollutant
emitting activity at the source, such increase shall be considered a major
modification for purposes of this Part, except such increase shall not be
considered a major modification for such purposes if the owner or operator of
the source elects to offset the increase by a greater reduction in emissions of
volatile organic material or nitrogen oxides, respectively, from other
operations, units, or activities within the source at an internal offset ratio
of at least 1.3 to 1.
f)         In areas classified as extreme nonattainment for ozone,
beginning on the date that an area is classified by USEPA as an extreme
nonattainment area for ozone, any physical change in or change in the method of
operation of a major stationary source that results in any increase in
emissions of volatile organic material or nitrogen oxides from a discrete
operation, unit, or other pollutant emitting activity shall be considered a
major modification.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T35_P203_S203_207. Check the current official text before relying on it. Not legal advice.
