The IEPA has clarified the requirement to report 2011 annual emissions on IEPA Annual Emission Report (AER) forms. As of the promulgation of the ROSS regulation (35 IAC 201.175) on December 5, 2011, ROSS eligible sites were no longer required to hold an operating permit. Only permitted facilities are required to submit an AER. Therefore, ROSS eligible sites are NOT required to submit a 2011 AER as previously instructed by the IEPA.
Note ROSS eligibility is determined based on 2011 actual annual emission and NOT the 2010 annual emissions that IEPA used to determine potentially applicable sites. ROSS eligible sites should also be aware of the applicable regulations (e.g., state or federal) that will still apply to their facility. Feel free to contact Trinity Consultants for assistance in determining which permit conditions remain enforceable.