The Illinois Department of Commerce and Economic Opportunity (DCEO) has recently published an updated application form for the Registration of Smaller Sources (ROSS) Program. The application will now require a more detailed source description and air emission estimations demonstrating eligibility within the ROSS Program. The updates create a more stringent application process, but do not relax the regulatory or recordkeeping requirements for new or existing ROSS sources.
What is the ROSS Program?
The ROSS Program was created by the Illinois Environmental Protection Agency (IEPA) under 35 Illinois Administrative Code (IAC) 201.175 (35 IAC 201.175) to simplify air regulatory requirements for sources with low air emissions. Sources registered with the ROSS Program are not required to apply for air construction or operating permits. For a source to qualify for the ROSS program, the actual annual emissions must be less than the following emissions limits. Emission units that are exempt from permitting per 35 IAC 201.146 do not need to be included in the actual emissions calculations.
- 5.0 tons/year (tpy) of combined pollutants (particulate matter, carbon monoxide, nitrogen oxides, sulfur dioxide and volatile organic material)
- 0.50 tpy of combined Hazardous Air Pollutants (HAPs)
- 0.05 tpy of mercury air emissions
- 0.05 tpy of lead air emissions
In addition, the source must NOT:
- Be required to get a Title V or Clean Air Act Permit Program (CAAPP) permit,
- Be required to get a Federally Enforceable State Operating Permit (FESOP),
- Be required to get a permit under the New Source Performance Standards (NSPS) or under the National Emission Standards for Hazardous Air Pollutants (NESHAP) or by USEPA,
- Be subject to Maximum Achievable Control Technology (MACT) under 40 Code of Federal Regulations (CFR) Part 61 or the NESHAP under 40 CFR Part 63 unless it is categorized as an area source,
- Have emission units that are used as thermal desorption systems pursuant to 35 IAC 728 Table F or as an incinerator system, and
- Be subject to local siting review under Section 39.2 of the Act.
ROSS Program Application Process
In May 2025, the IEPA published a new, more detailed ROSS200 Form. Note that sources already registered with the ROSS Program do not need to re-submit the May 2025 version of the ROSS200 Form. In addition to the ROSS200 Form and fee payment, further supplemental materials (such as a site map and a process flow diagram) will also need to be submitted.
A table for source-wide actual emissions and a table for actual emissions per emission unit must now be submitted as part of the application package to be vetted for eligibility with the ROSS Program. The total source-wide emissions must represent actual emissions from all emission units (except for those exempted by 35 IAC 201.146). It is recommended to include supporting information that will provide further details on process rates, operating hours, control devices, and emission estimation methods. Examples of this additional information are included on Page 5 of the ROSS200 Form.
The ROSS200 Form also asks if the source is subject to the Fugitive Particulate-Matter Operating
Program (FPOP) requirements in 35 IAC 212.302. Applicability is dependent upon Standard Industrial Classification (SIC) codes and geographical location. If the source meets applicability, or the source is located in an Environmental Justice (EJ) area, the FPOP must be submitted along with ROSS Program Application.
It is recommended that first-time applicants submit the $235 fee online, prior to submitting the ROSS Program application package. The completed ROSS Program application package can be emailed to the IEPA.
The ROSS Program is not like a traditional permitting program where a source has to wait to receive a permit. An owner or operator must register a new source at least 10 days before commencing construction or operation and the source is allowed to commence construction or operation 10 days following the application submittal to the Agency. It is only a recommendation that the source wait to receive the confirmation letter as a guard in the rare case where the IEPA does not approve the ROSS Registration. If the confirmation letter is not received within 30 days after submittal, it is recommended that the source reach out to [email protected] to inquire about the application status.
Maintaining a ROSS Source
Annual renewal of a ROSS Source registration is accomplished through payment of the annual site fee. Registered sources are required to keep, and provide if requested by the agency, the initial ROSS Confirmation Letter and history of fee payments (up to 5 years). The registered source is responsible for notifying the IEPA of any changes to the registered name, address, email address or telephone number of the source’s contact person within 45 days of the change. A Name and/or Ownership Change Form (APC-620 form) may need to be submitted with the notification, if applicable.
Registered ROSS sources are also required to retain records demonstrating that the source still meets all eligibility criteria. The source must keep annual emissions calculations to verify that the source’s total emissions continue to fall below the eligibility emission limits, as stated previously.
The regulations do, however, provide for some flexibility on eligibility. A source can still continue to be ROSS Program eligible as long as:
- Within a given year, the total sum of actual emissions of combined particulate matter, carbon monoxide, nitrogen oxides, sulfur dioxide, and volatile organic material air pollutant emissions for the prior calendar year are less than or equal to 7 tons, AND
- The total sum of actual emissions of combined particulate matter, carbon monoxide, nitrogen oxides, sulfur dioxide, and volatile organic material air pollutant emissions from the prior two calendar years is less than or equal to 10 tons.
If it is determined that a source no longer meets the eligibility criteria of the ROSS Program, the source will likely be required to obtain construction and/or operating permits from the IEPA.
If an emission unit is added after the source receives the ROSS Confirmation Letter, the source does not need to provide notification to IEPA. The new unit’s emissions will, however, need to be tracked and records kept in order to demonstrate that the source remains eligible for ROSS.
Conclusion
The recent updates to the ROSS Program application process reflect the IEPA’s effort to strengthen program oversight for small emission sources. The revised ROSS200 Form and supplemental application requirements demand a higher level of upfront effort, but do not change the underlying eligibility criteria or compliance obligations. For questions or assistance with preparing an application package, please contact Hannah Halsey, Audrey Freeman, or Chloe Reece in the Chicago Office.
