Section 291.102  Purpose

a)         These rules were developed by the Agency to provide guidance to sources that choose to show compliance with Section 9(a) of the Act or Rule 102 of the Pollution Control Board Rules and Regulations, Chapter 2:  Air Pollution (codified as 35 Ill. Adm. Code 201.141), by performing comprehensive air quality impact evaluations.

b)         These rules were formulated in response to the remand by the Illinois Supreme Court to the Pollution Control Board (Board) of the adoption of Rules 203(g)(1), 204(a)(1) and 204(c)(1)(A) (codified as 35 Ill. Adm. Code 212.201 through 212.205, 214.121(a) and 214.141), which established particulate and sulfur dioxide emission standards for new and existing fuel combustion sources.  Commonwealth Edison v. Pollution Control Board, 62 Ill. 2d 494 (1976).  The Court's decision, however, did not eliminate the requirement of construction or operating permits for solid fuel emission sources; it also did not eliminate the prohibition of air pollution contained in Section 9(a) and Rule 102 nor the prohibition of ambient air quality violations contained in Rule 102.

c)         Thus, for any period that Rules 203(g)(1), 204(a)(1) or 204(c)(1)(A) are not effective, construction and operating permit applications for solid fuel combustion sources will be evaluated on the basis of comprehensive air quality impact evaluations performed by the applicant and designed to enable the Agency to determine the status of compliance with respect to the air quality provisions of Section 9(a) and Rule 102.

d)         In lieu of performing comprehensive air quality impact evaluations in accordance with these rules, the applicant may elect to show compliance with the emission limitations contained in Rules 203(g)(1), 204(a)(1) and 204(c)(1)(A), even if those rules are not currently effective.  Compliance with these emissions limitations will usually be deemed by the Agency to be sufficient to assure compliance with the air quality provisions of Section 9(a) of the Act and Rule 102.  Of course, for any period of time in which Rules 203(g)(1), 204(a)(1) or 204(c)(1)(A) are in effect, the permit applicant must show compliance with these rules, without regard to comprehensive air quality analysis done pursuant to these rules. Compliance with these rules may only be used to support permit applications when Rules 204(g)(1), 204(a)(1) or 204(c)(1)(A) are not effective.