Section 310.111 New Source

Section 310

Section 310.111  New Source

a)         "New source" means any building, structure, facility,

or installation from which there is or may be a discharge of pollutants, the

construction of which commenced after the date specified in 35 Ill. Adm. Code

307 for the particular source category or subcategory applicable to the source,

if one of the following is true:

1)         The building, structure, facility, or installation is

constructed at a site at which no other source is located;

2)         The building, structure, facility, or installation totally

replaces the process or production equipment that causes the discharge of

pollutants at an existing source; or

3)         The production or wastewater generating processes of the

building, structure, facility, or installation are substantially independent of

an existing source at the same site.  In determining whether these are

substantially independent, factors such as the extent to which the new facility

is integrated with the existing plant and the extent to which the new facility

is engaged in the same general type of activity as the existing source should

be considered.

b)         Construction on a site at which an existing source is located

results in a modification, rather than a new source, if the construction does

not create a new building, structure, facility, or installation that meets the

criteria of subsection (a)(2) or (a)(3), but which otherwise alters, replaces,

or adds to existing process or production equipment

sting source should

be considered.

b)         Construction on a site at which an existing source is located

results in a modification, rather than a new source, if the construction does

not create a new building, structure, facility, or installation that meets the

criteria of subsection (a)(2) or (a)(3), but which otherwise alters, replaces,

or adds to existing process or production equipment.

c)         Construction of a new source, as defined in this Section, has

commenced if the owner or operator has done either of the following:

1)         It has begun or caused either of the following to begin as

part of a continuous on-site construction program:

A)        Any placement, assembly, or installation of facilities or

equipment; or

B)        Significant site preparation work, including clearing,

excavation, or removal of existing buildings, structures, or facilities, that

is necessary for the placement, assembly, or installation of new source

facilities or equipment; or

2)         It has entered into a binding contractual obligation for the

purchases of facilities or equipment that are intended to be used in its

operation within a reasonable time.  An option to purchase or a contract that

can be terminated or modified without substantial loss and contracts for

feasibility, engineering, and design studies does not constitute a contractual

obligation under this subsection (c)(2).

d)         A new source must install and have in operating condition and must

"start up " all pollution control equipment required to meet

applicable pretreatment standards before beginning to discharge.  Within the

shortest feasible time (not to exceed 90 days), a new source must meet all

applicable pretreatment standards.

BOARD NOTE:

Derived from 40 CFR 403.3(m) (2005), as renumbered and amended at 70 Fed. Reg.

60134 (Oct. 14, 2005).