Section 203.208 Net Emission Determination

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Illinois Administrative Code › Title 35 ENVIRONMENTAL PROTECTION › CHAPTER I: POLLUTION CONTROL BOARD › Part 203 MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION › Section 203.208 Net Emission Determination

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

Text

Section 203

Section 203.208  Net Emission

Determination

A net emissions increase is the

amount by which the sum of any increase in actual emissions from a particular

physical change or change in method of operation at a source, and any other

increases and decreases in actual emissions at the source that are contemporaneous

with the particular change and are otherwise creditable, exceeds zero.  The

following steps determine whether the increase or decrease in emissions is

available.

a)         Except for increases or decreases in volatile organic material

and nitrogen oxide emissions in serious and severe ozone nonattainment areas

which are addressed in Section 203.209(b), an increase or decrease in actual

emissions is contemporaneous only if it occurs between the date that an

increase from a particular change occurs and the date five years before a

timely and complete application is submitted for the particular change.  It

must also occur after either April 24, 1979, or the date the area is designated

by the United States Environmental Protection Agency as a nonattainment area

for the pollutant, whichever is more recent.

b)         An increase or decrease in actual emissions is creditable:

1)         Only if there is not in effect for the source at the time the

particular change occurs a permit which relied on the same increase or decrease

in actual emissions; and

2)         Only to the extent the new and old levels differ

al Protection Agency as a nonattainment area

for the pollutant, whichever is more recent.

b)         An increase or decrease in actual emissions is creditable:

1)         Only if there is not in effect for the source at the time the

particular change occurs a permit which relied on the same increase or decrease

in actual emissions; and

2)         Only to the extent the new and old levels differ.

c)         A decrease in actual emissions is creditable to the extent

that:

1)         It is federally enforceable at and after the time that actual

construction on the particular change begins;

2)         It has approximately the same qualitative significance for

public health and welfare as that attributed to the increase from the

particular change;

3)         The old level of actual emissions or the old level of

allowable emissions, whichever is lower, exceeds the new level of actual

emissions; and

4)         It is demonstrated by the Agency not to have been previously

relied on in issuing any permit pursuant to this Part or 35 Ill. Adm. Code

201.142 or 201.143 or for demonstrating attainment or reasonable further

progress in the nonattainment area which the particular change will impact.

d)         An increase that results from a physical change at a source

occurs when the emissions unit on which construction occurred becomes

operational and begins to emit a particular pollutant.  Any replacement unit

that requires shakedown becomes operational only after a shakedown period not

to exceed 180 days.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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