Section 252.102  Applicability

a)         This Part applies to permit applications filed with the Agency for:

1)         Permits pursuant to Major Stationary Sources Construction and Modification, the New Source Review (NSR) rules, 35 Ill. Adm. Code 203, for major new sources and major modifications;

2)         Permits pursuant to the federal rules for Prevention of Significant Deterioration of Air Quality (PSD), 40 CFR 52.21, for construction of major new sources and major modifications;

3)         Permits for the construction of sources or modifications which would constitute major new sources or major modifications, subject to public notice pursuant to subsection (a)(1) or (2) above, if they were not accompanied by contemporaneous emissions decreases or if federally enforceable significant restrictions were not placed on the source or modification;

4)         Permits for the use of Alternative Control Strategies (ACS) pursuant to 35 Ill. Adm. Code 202;

5)         Permits to operate sources pursuant to Section 39.5 of the Environmental Protection Act (Act) (the Clean Air Act Permit Program (CAAPP)) and significant modifications of any permit issued thereunder;

6)         Permits to operate sources which contain federally enforceable conditions including permits which exclude sources from the applicability of the permitting requirements described in subsection (a)(1), (a)(2), or (a)(5) above;

7)         Permits for the construction, reconstruction, or modification of major sources of hazardous air pollutants (HAPs) that require a determination of case-by-case Maximum Achievable Control Technology (MACT), pursuant to Sections 9.1(d) and 39(f) of the Act and Section 112(g) and Section 112(j) of the Clean Air Act (CAA) (42 USC 7412(g) and (j)).

8)         Permits for the construction of emission units of public interest at a source, the criteria for which are outlined in subsection (b) below; and

9)         Revisions to permits described in subsections (a)(1), (a)(2), (a)(3), (a)(4), (a)(5), (a)(6) and (a)(7) above as specified by applicable regulations.  This Part shall apply to all revisions which:  revise any standard established on a case-by-case basis; alter conditions imposed to meet requirements for emissions offsets; or relax testing, monitoring, recordkeeping, or reporting requirements.

b)         The Director shall determine whether an emission unit is of public interest.  In making the decision, the Director shall consider:

1)         The type of permit for which the application is made;

2)         The nature and amount of pollutants which will be emitted by the source;

3)         Possible effects of the emissions on health and the environment;

4)         The location of the source;

5)         The interest in the source exhibited by the public, based on comments and inquiries received by the Agency;

6)         Other factors which are distinctive to the source; and

7)         The proposed action by the Agency.

(Source:  Amended at 22 Ill. Reg. 19253, effective October 13, 1998)