On December 1, 2011 the Illinois Pollution Control Board adopted rulemaking that establishes the Registration of Smaller Sources (ROSS) Program (35 IAC 201.175). The final rule had some significant changes as compared to the propose rule. Specifically, the ROSS Program now requires qualifying smaller sources to register annually in lieu of construction or operating permit obligations (e.g., no longer an optional program as originally proposed).
Eligible sources currently holding permits must register and pay the registration fee no later than their annual fee payment date in state fiscal year 2013 (July 1, 2012 through June 30, 2013). However, it may be beneficial to consider registering as soon as eligibility is determined, as qualifying sources are no longer required to submit an annual emissions report (after reporting year 2011).
A source is not eligible for the ROSS program if any of the following apply:
1. Clean Air Act Permit Program (CAAPP) or federally enforceable state operating permit (FESOP) sources;
2. Sources for which the U.S. EPA has determined that a permit is required;
3. Sources that emit 5 tons per year or more of combined Particulate Matter (PM), Carbon Monoxide (CO), Nitrogen Oxide (NOx), Sulfur Dioxide (SO2), or Volatile Organic Material (VOM) on an actual emissions basis;
4. Sources that emit 0.5 tons or more per year of any hazardous air pollutant on an actual emissions basis;
5. Sources that emit 0.05 tons per year or more of lead or mercury on an actual emissions basis;
6. 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
7. 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.
Note that existing Lifetime Operating permits for ROSS eligible sources will be kept on file by the Illinois Environmental Protection Agency (IEPA). In the event that the source becomes ineligible for the ROSS Program, so long as the source remains in compliance with the existing permit, the owner or operator may notify the IEPA and then revert back to the conditions of the existing permit.