On July 12, 2011, Illinois signed into legislation House Bill 1297, which made numerous changes to the Illinois Environmental Act. The goal of this legislation is to make the environmental permitting process easier and more efficient.

As a result of this legislation, the Illinois Pollution Control Board has proposed rulemaking that establishes a registration system for smaller air sources, [e.g., Registration of Smaller Sources (ROSS)]. This system allows qualifying smaller sources to register annually in lieu of construction or operating permit obligations.  The sources not eligible for the smaller source registration program include:

  • Clean Air Act Permit Program (CAAPP) or federally enforceable state operating permit (FESOP) sources;
  • Sources for which the U.S. EPA has determined that a permit is required;
  • Sources that emit 5 tons per year or more of combined particulate matter, carbon monoxide, nitrogen and oxides, sulfur dioxide, or volatile organic material on an actual emissions basis;
  • Sources that emit 0.5 tons or more per year of any hazardous air pollutant on an actual emissions basis;
  • Sources that emit 0.05 tons per year or more of lead or mercury on an actual emissions basis;
  • Sources that are subject to a federal standard for hazardous air pollutants (e.g., 40 CFR Part 61 or Part 63), other than those regulations that the U.S. EPA has categorized as "area sources"; and
  • Emission units at the source are used as thermal desorption systems or as incinerator systems.

For the purposes of establishing actual emissions from the source only emissions from units that do not meet an exemption from construction permitting are included. Both initial and annual certifications are required along with an annual fee of $235. Qualifying sources would also no longer be required to submit an annual emissions report. Record keeping supporting the initial and annual registration certifications are required to be maintained for 5 years.  For more information, click here.