103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1823

 

Introduced 2/9/2023, by Sen. Celina Villanueva

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Environmental Protection Act. Requires the Environmental Protection Agency to annually review and update the underlying data for, and use of, indicators used to determine whether a community is designated as an environmental justice community and to establish a process by which communities not designated as environmental justice communities may petition for such a designation. Provides that an applicant for a permit for the construction of a new source that will become a major source subject to the Clean Air Act Permit Program to be located in an environmental justice community or a new source that has or will require a federally enforceable State operating permit and that will be located in an environmental justice community must conduct a public meeting prior to submission of the permit application and must submit with the permit application an environmental justice assessment identifying the potential environmental and health impacts to the area associated with the proposed project. Provides requirements for the environmental justice assessment. Provides that a supplemental fee of $100,000 for each construction permit application shall be assessed if the construction permit application is subject to the requirements regarding the construction of a new source located in an environmental justice community. Contains provisions regarding public participation requirements for permitting transactions in an environmental justice community. Provides that, if the Agency grants a permit to construct, modify, or operate a facility that emits air pollutants and is classified as a minor source, a third party may petition the Pollution Control Board for a hearing to contest the issuance of the permit. Contains provisions regarding environmental justice grievances. Defines terms. Contains other provisions.


LRB103 25618 CPF 51967 b

 

 

A BILL FOR

 

SB1823LRB103 25618 CPF 51967 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Environmental Protection Act is amended by
5adding Sections 3.178, 3.186, 3.187, 3.188, 3.189, 3.281,
634.5, 39.15, and 40.4 and by changing Sections 9.12, 39, 39.2,
739.5, and 40 as follows:
 
8    (415 ILCS 5/3.178 new)
9    Sec. 3.178. Cumulative impact. "Cumulative impact" means
10the total burden from chemical and nonchemical stressors and
11their interactions that affect the health, well-being, and
12quality of life of an individual, community, or population at
13a given point of time or over a period of time.
 
14    (415 ILCS 5/3.186 new)
15    Sec. 3.186. Disproportionate harm. "Disproportionate harm"
16means the combination of cumulative impacts, including, but
17not limited to, disproportionately high and adverse human
18health impacts and disproportionately high and adverse
19environmental impacts.
 
20    (415 ILCS 5/3.187 new)
21    Sec. 3.187. Disproportionately high and adverse

 

 

SB1823- 2 -LRB103 25618 CPF 51967 b

1environmental impact. "Disproportionately high and adverse
2environmental impact" means an environmental impact that is
3disproportionately high and adverse based on the following
4factors:
5        (1) Whether there is or will be an impact on the
6    natural or physical environment that significantly and
7    adversely affects an environmental justice community. Such
8    impacts may include, but are not limited to, ecological,
9    cultural, human health, economic, or social impacts on
10    minority communities, low-income communities, or Indian
11    tribes when those impacts are interrelated to impacts on
12    the natural or physical environment.
13        (2) Whether environmental impacts are significant and
14    are or may be having an adverse impact on an environmental
15    justice community that appreciably exceeds, or is likely
16    to appreciably exceed, the adverse impact on the general
17    population or other appropriate comparison group.
18        (3) Whether the environmental impacts occur or would
19    occur in an environmental justice community by cumulative
20    or multiple adverse exposures from environmental hazards.
 
21    (415 ILCS 5/3.188 new)
22    Sec. 3.188. Disproportionately high and adverse human
23health impact. "Disproportionately high and adverse human
24health impact" means an impact on human health that is
25disproportionately high and adverse based on the following

 

 

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1factors:
2        (1) Whether the health outcomes, which may be measured
3    in risks and rates, are significant or above generally
4    accepted norms. Adverse health impacts include, but are
5    not limited to, bodily impairment, infirmity, illness, or
6    death.
7        (2) Whether the risk or rate of hazard exposure for an
8    environmental justice community to an environmental hazard
9    is significant and appreciably exceeds, or is likely to
10    appreciably exceed, the risk or rate of hazard exposure
11    for the general population or in comparison to another
12    appropriate group.
13        (3) Whether health impacts occur in an environmental
14    justice community affected by cumulative or multiple
15    adverse exposures from environmental hazards.
 
16    (415 ILCS 5/3.189 new)
17    Sec. 3.189. Environmental justice community.
18"Environmental justice community" means any geographic area in
19the State that is contained within:
20        (1) an environmental justice community under the
21    Illinois Solar for All Program, as that definition is
22    updated from time to time by the Illinois Power Agency and
23    the Administrator of that Program, so long as the
24    community is designated as an environmental justice
25    community within 60 days of a community receiving

 

 

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1    notification of a permit under the federal Clean Air Act;
2    or
3        (2) an R3 Area established under Section 10-40 of the
4    Cannabis Regulation and Tax Act.
 
5    (415 ILCS 5/3.281 new)
6    Sec. 3.281. Linguistically isolated community.
7"Linguistically isolated community" means the population
8within a United States Census Bureau tract comprised of
9individuals at least 20% of whom are age 14 years or older and
10who speak English less than very well, based on data in the
11United States Census Bureau's latest one-year or 5-year
12American Community Survey.
 
13    (415 ILCS 5/9.12)
14    Sec. 9.12. Construction permit fees for air pollution
15sources.
16    (a) An applicant for a new or revised air pollution
17construction permit shall pay a fee, as established in this
18Section, to the Agency at the time that he or she submits the
19application for a construction permit. Except as set forth
20below, the fee for each activity or category listed in this
21Section is separate and is cumulative with any other
22applicable fee listed in this Section.
23    (b) The fee amounts in this subsection (b) apply to
24construction permit applications relating to (i) a source

 

 

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1subject to Section 39.5 of this Act (the Clean Air Act Permit
2Program); (ii) a source that, upon issuance of the requested
3construction permit, will become a major source subject to
4Section 39.5; or (iii) a source that has or will require a
5federally enforceable State operating permit limiting its
6potential to emit.
7        (1) Base fees for each construction permit application
8    shall be assessed as follows:
9            (A) If the construction permit application relates
10        to one or more new emission units or to a combination
11        of new and modified emission units, a fee of $4,000 for
12        the first new emission unit and a fee of $1,000 for
13        each additional new or modified emission unit;
14        provided that the total base fee under this
15        subdivision (A) shall not exceed $10,000.
16            (B) If the construction permit application relates
17        to one or more modified emission units but not to any
18        new emission unit, a fee of $2,000 for the first
19        modified emission unit and a fee of $1,000 for each
20        additional modified emission unit; provided that the
21        total base fee under this subdivision (B) shall not
22        exceed $5,000.
23        (2) Supplemental fees for each construction permit
24    application shall be assessed as follows:
25            (A) If, based on the construction permit
26        application, the source will be, but is not currently,

 

 

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1        subject to Section 39.5 of this Act, a CAAPP entry fee
2        of $5,000.
3            (B) If the construction permit application
4        involves (i) a new source or emission unit subject to
5        Section 39.2 of this Act, (ii) a commercial
6        incinerator or other municipal waste, hazardous waste,
7        or waste tire incinerator, (iii) a commercial power
8        generator, or (iv) one or more other emission units
9        designated as a complex source by Agency rulemaking, a
10        fee of $25,000.
11            (C) If the construction permit application
12        involves an emissions netting exercise or reliance on
13        a contemporaneous emissions decrease for a pollutant
14        to avoid application of the PSD permit program or
15        nonattainment new source review, a fee of $3,000 for
16        each such pollutant.
17            (D) If the construction permit application is for
18        a new major source subject to the PSD permit program, a
19        fee of $12,000.
20            (E) If the construction permit application is for
21        a new major source subject to nonattainment new source
22        review, a fee of $20,000.
23            (F) If the construction permit application is for
24        a major modification subject to the PSD permit
25        program, a fee of $6,000.
26            (G) If the construction permit application is for

 

 

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1        a major modification subject to nonattainment new
2        source review, a fee of $12,000.
3            (H) (Blank).
4            (I) If the construction permit application review
5        involves a determination of the Maximum Achievable
6        Control Technology standard for a pollutant and the
7        project is not otherwise subject to BACT or LAER for a
8        related pollutant under the PSD permit program or
9        nonattainment new source review, a fee of $5,000 per
10        unit for which a determination is requested or
11        otherwise required.
12            (J) (Blank).
13            (K) If the construction permit application is
14        subject to the requirements of subsection (aa) or
15        subsection (bb) of Section 39, a fee of $200,000.
16        (3) If a public hearing is held regarding the
17    construction permit application, an administrative fee of
18    $10,000. This fee shall be submitted at the time the
19    applicant requests a public hearing or, if a public
20    hearing is not requested by the applicant, then within 30
21    days after the applicant is informed by the Agency that a
22    public hearing will be held.
23    (c) The fee amounts in this subsection (c) apply to
24construction permit applications relating to a source that,
25upon issuance of the construction permit, will not (i) be or
26become subject to Section 39.5 of this Act (the Clean Air Act

 

 

SB1823- 8 -LRB103 25618 CPF 51967 b

1Permit Program) or (ii) have or require a federally
2enforceable state operating permit limiting its potential to
3emit.
4        (1) Base fees for each construction permit application
5    shall be assessed as follows:
6            (A) For a construction permit application
7        involving a single new emission unit, a fee of $500.
8            (B) For a construction permit application
9        involving more than one new emission unit, a fee of
10        $1,000.
11            (C) For a construction permit application
12        involving no more than 2 modified emission units, a
13        fee of $500.
14            (D) For a construction permit application
15        involving more than 2 modified emission units, a fee
16        of $1,000.
17        (2) Supplemental fees for each construction permit
18    application shall be assessed as follows:
19            (A) If the source is a new source, i.e., does not
20        currently have an operating permit, an entry fee of
21        $500;
22            (B) If the construction permit application
23        involves (i) a new source or emission unit subject to
24        Section 39.2 of this Act, (ii) a commercial
25        incinerator or a municipal waste, hazardous waste, or
26        waste tire incinerator, (iii) a commercial power

 

 

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1        generator, or (iv) an emission unit designated as a
2        complex source by Agency rulemaking, a fee of $15,000.
3        (3) If a public hearing is held regarding the
4    construction permit application, an administrative fee of
5    $10,000. This fee shall be submitted at the time the
6    applicant requests a public hearing or, if a public
7    hearing is not requested by the applicant, then within 30
8    days after the applicant is informed by the Agency that a
9    public hearing will be held.
10    (d) If no other fee is applicable under this Section, a
11construction permit application addressing one or more of the
12following shall be subject to a filing fee of $500:
13        (1) A construction permit application to add or
14    replace a control device on a permitted emission unit.
15        (2) A construction permit application to conduct a
16    pilot project or trial burn for a permitted emission unit.
17        (3) A construction permit application for a land
18    remediation project.
19        (4) (Blank).
20        (5) A construction permit application to revise an
21    emissions testing methodology or the timing of required
22    emissions testing.
23        (6) A construction permit application that provides
24    for a change in the name, address, or phone number of any
25    person identified in the permit, or for a change in the
26    stated ownership or control, or for a similar minor

 

 

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1    administrative permit change at the source.
2    (e) No fee shall be assessed for a request to correct an
3issued permit that involves only an Agency error, if the
4request is received within the deadline for a permit appeal to
5the Pollution Control Board.
6    (f) The applicant for a new or revised air pollution
7construction permit shall submit to the Agency, with the
8construction permit application, both a certification of the
9fee that he or she estimates to be due under this Section and
10the fee itself.
11    (g) Notwithstanding the requirements of subsection (a) of
12Section 39 of this Act, the application for an air pollution
13construction permit shall not be deemed to be filed with the
14Agency until the Agency receives the initial air pollution
15construction permit application fee and the certified estimate
16of the fee required by this Section. Unless the Agency has
17received the initial air pollution construction permit
18application fee and the certified estimate of the fee required
19by this Section, the Agency is not required to review or
20process the application.
21    (h) If the Agency determines at any time that a
22construction permit application is subject to an additional
23fee under this Section that the applicant has not submitted,
24the Agency shall notify the applicant in writing of the amount
25due under this Section. The applicant shall have 60 days to
26remit the assessed fee to the Agency.

 

 

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1    If the proper fee established under this Section is not
2submitted within 60 days after the request for further
3remittance:
4        (1) If the construction permit has not yet been
5    issued, the Agency is not required to further review or
6    process, and the provisions of subsection (a) of Section
7    39 of this Act do not apply to, the application for a
8    construction permit until such time as the proper fee is
9    remitted.
10        (2) If the construction permit has been issued, the
11    Agency may, upon written notice, immediately revoke the
12    construction permit.
13    The denial or revocation of a construction permit does not
14excuse the applicant from the duty of paying the fees required
15under this Section.
16    (i) The Agency may deny the issuance of a pending air
17pollution construction permit or the subsequent operating
18permit if the applicant has not paid the required fees by the
19date required for issuance of the permit. The denial or
20revocation of a permit for failure to pay a construction
21permit fee is subject to review by the Board pursuant to the
22provisions of subsection (a) of Section 40 of this Act.
23    (j) If the owner or operator undertakes construction
24without obtaining an air pollution construction permit, the
25fee under this Section is still required. Payment of the
26required fee does not preclude the Agency or the Attorney

 

 

SB1823- 12 -LRB103 25618 CPF 51967 b

1General or other authorized persons from pursuing enforcement
2against the applicant for failure to have an air pollution
3construction permit prior to commencing construction.
4    (k) If an air pollution construction permittee makes a fee
5payment under this Section from an account with insufficient
6funds to cover the amount of the fee payment, the Agency shall
7notify the permittee of the failure to pay the fee. If the
8permittee fails to pay the fee within 60 days after such
9notification, the Agency may, by written notice, immediately
10revoke the air pollution construction permit. Failure of the
11Agency to notify the permittee of the permittee's failure to
12make payment does not excuse or alter the duty of the permittee
13to comply with the provisions of this Section.
14    (l) The Agency may establish procedures for the collection
15of air pollution construction permit fees.
16    (m) Fees collected pursuant to this Section shall be
17deposited into the Environmental Protection Permit and
18Inspection Fund.
19(Source: P.A. 99-463, eff. 1-1-16.)
 
20    (415 ILCS 5/34.5 new)
21    Sec. 34.5. Environmentally beneficial project bank.
22    (a) The Agency shall establish and maintain on its website
23a bank of potential environmentally beneficial projects. The
24website must permit members of the public to submit
25suggestions for environmentally beneficial projects. The

 

 

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1Agency shall assess the submissions for feasibility and
2clarity before inclusion in the bank.
3    (b) A supplemental environmental project is not required
4to be included within the environmentally beneficial project
5bank required under subsection (a) in order to offset a civil
6penalty.
 
7    (415 ILCS 5/39)  (from Ch. 111 1/2, par. 1039)
8    Sec. 39. Issuance of permits; procedures.
9    (a) When the Board has by regulation required a permit for
10the construction, installation, or operation of any type of
11facility, equipment, vehicle, vessel, or aircraft, the
12applicant shall apply to the Agency for such permit and it
13shall be the duty of the Agency to issue such a permit upon
14proof by the applicant that the facility, equipment, vehicle,
15vessel, or aircraft will not cause a violation of this Act or
16of regulations hereunder and that denial of the permit is not
17otherwise justified under this Section. The Agency shall adopt
18such procedures as are necessary to carry out its duties under
19this Section. In making its determinations on permit
20applications under this Section the Agency shall may consider
21prior adjudications of noncompliance with this Act by the
22applicant that involved a release of a contaminant into the
23environment. In granting permits, the Agency shall may impose
24reasonable conditions specifically related to the applicant's
25past compliance history with this Act as necessary to correct,

 

 

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1detect, or prevent noncompliance. The Agency shall may impose
2such other conditions as may be necessary to accomplish the
3purposes of this Act, and as are not inconsistent with the
4regulations promulgated by the Board hereunder. Except as
5otherwise provided in this Act, a bond or other security shall
6not be required as a condition for the issuance of a permit. If
7the Agency denies any permit under this Section, the Agency
8shall transmit to the applicant within the time limitations of
9this Section specific, detailed statements as to the reasons
10the permit application was denied. Such statements shall
11include, but not be limited to, the following:
12        (i) the Sections of this Act which may be violated if
13    the permit were granted;
14        (ii) the provision of the regulations, promulgated
15    under this Act, which may be violated if the permit were
16    granted;
17        (iii) the specific type of information, if any, which
18    the Agency deems the applicant did not provide the Agency;
19    and
20        (iv) a statement of specific reasons why the Act and
21    the regulations might not be met if the permit were
22    granted.
23    If there is no final action by the Agency within 90 days
24after the filing of the application for permit, the applicant
25may deem the permit issued; except that this time period shall
26be extended to 180 days when (1) notice and opportunity for

 

 

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1public hearing are required by State or federal law or
2regulation, (2) the application which was filed is for any
3permit to develop a landfill subject to issuance pursuant to
4this subsection, or (3) the application that was filed is for a
5MSWLF unit required to issue public notice under subsection
6(p) of Section 39. The 90-day and 180-day time periods for the
7Agency to take final action do not apply to NPDES permit
8applications under subsection (b) of this Section, to RCRA
9permit applications under subsection (d) of this Section, to
10UIC permit applications under subsection (e) of this Section,
11or to CCR surface impoundment applications under subsection
12(y) of this Section.
13    The Agency shall publish notice of all final permit
14determinations for development permits for MSWLF units and for
15significant permit modifications for lateral expansions for
16existing MSWLF units one time in a newspaper of general
17circulation in the county in which the unit is or is proposed
18to be located.
19    After January 1, 1994 and until July 1, 1998, operating
20permits issued under this Section by the Agency for sources of
21air pollution permitted to emit less than 25 tons per year of
22any combination of regulated air pollutants, as defined in
23Section 39.5 of this Act, shall be required to be renewed only
24upon written request by the Agency consistent with applicable
25provisions of this Act and regulations promulgated hereunder.
26Such operating permits shall expire 180 days after the date of

 

 

SB1823- 16 -LRB103 25618 CPF 51967 b

1such a request. The Board shall revise its regulations for the
2existing State air pollution operating permit program
3consistent with this provision by January 1, 1994.
4    After June 30, 1998, operating permits issued under this
5Section by the Agency for sources of air pollution that are not
6subject to Section 39.5 of this Act and are not required to
7have a federally enforceable State operating permit shall be
8required to be renewed only upon written request by the Agency
9consistent with applicable provisions of this Act and its
10rules. Such operating permits shall expire 180 days after the
11date of such a request. Before July 1, 1998, the Board shall
12revise its rules for the existing State air pollution
13operating permit program consistent with this paragraph and
14shall adopt rules that require a source to demonstrate that it
15qualifies for a permit under this paragraph.
16    (b) The Agency may issue NPDES permits exclusively under
17this subsection for the discharge of contaminants from point
18sources into navigable waters, all as defined in the Federal
19Water Pollution Control Act, as now or hereafter amended,
20within the jurisdiction of the State, or into any well.
21    All NPDES permits shall contain those terms and
22conditions, including, but not limited to, schedules of
23compliance, which may be required to accomplish the purposes
24and provisions of this Act.
25    The Agency may issue general NPDES permits for discharges
26from categories of point sources which are subject to the same

 

 

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1permit limitations and conditions. Such general permits may be
2issued without individual applications and shall conform to
3regulations promulgated under Section 402 of the Federal Water
4Pollution Control Act, as now or hereafter amended.
5    The Agency may include, among such conditions, effluent
6limitations and other requirements established under this Act,
7Board regulations, the Federal Water Pollution Control Act, as
8now or hereafter amended, and regulations pursuant thereto,
9and schedules for achieving compliance therewith at the
10earliest reasonable date.
11    The Agency shall adopt filing requirements and procedures
12which are necessary and appropriate for the issuance of NPDES
13permits, and which are consistent with the Act or regulations
14adopted by the Board, and with the Federal Water Pollution
15Control Act, as now or hereafter amended, and regulations
16pursuant thereto.
17    The Agency, subject to any conditions which may be
18prescribed by Board regulations, may issue NPDES permits to
19allow discharges beyond deadlines established by this Act or
20by regulations of the Board without the requirement of a
21variance, subject to the Federal Water Pollution Control Act,
22as now or hereafter amended, and regulations pursuant thereto.
23    (c) Except for those facilities owned or operated by
24sanitary districts organized under the Metropolitan Water
25Reclamation District Act, no permit for the development or
26construction of a new pollution control facility may be

 

 

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1granted by the Agency unless the applicant submits proof to
2the Agency that the location of the facility has been approved
3by the county board of the county if in an unincorporated area,
4or the governing body of the municipality when in an
5incorporated area, in which the facility is to be located in
6accordance with Section 39.2 of this Act. For purposes of this
7subsection (c), and for purposes of Section 39.2 of this Act,
8the appropriate county board or governing body of the
9municipality shall be the county board of the county or the
10governing body of the municipality in which the facility is to
11be located as of the date when the application for siting
12approval is filed.
13    In the event that siting approval granted pursuant to
14Section 39.2 has been transferred to a subsequent owner or
15operator, that subsequent owner or operator may apply to the
16Agency for, and the Agency may grant, a development or
17construction permit for the facility for which local siting
18approval was granted. Upon application to the Agency for a
19development or construction permit by that subsequent owner or
20operator, the permit applicant shall cause written notice of
21the permit application to be served upon the appropriate
22county board or governing body of the municipality that
23granted siting approval for that facility and upon any party
24to the siting proceeding pursuant to which siting approval was
25granted. In that event, the Agency shall conduct an evaluation
26of the subsequent owner or operator's prior experience in

 

 

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1waste management operations in the manner conducted under
2subsection (i) of Section 39 of this Act.
3    Beginning August 20, 1993, if the pollution control
4facility consists of a hazardous or solid waste disposal
5facility for which the proposed site is located in an
6unincorporated area of a county with a population of less than
7100,000 and includes all or a portion of a parcel of land that
8was, on April 1, 1993, adjacent to a municipality having a
9population of less than 5,000, then the local siting review
10required under this subsection (c) in conjunction with any
11permit applied for after that date shall be performed by the
12governing body of that adjacent municipality rather than the
13county board of the county in which the proposed site is
14located; and for the purposes of that local siting review, any
15references in this Act to the county board shall be deemed to
16mean the governing body of that adjacent municipality;
17provided, however, that the provisions of this paragraph shall
18not apply to any proposed site which was, on April 1, 1993,
19owned in whole or in part by another municipality.
20    In the case of a pollution control facility for which a
21development permit was issued before November 12, 1981, if an
22operating permit has not been issued by the Agency prior to
23August 31, 1989 for any portion of the facility, then the
24Agency may not issue or renew any development permit nor issue
25an original operating permit for any portion of such facility
26unless the applicant has submitted proof to the Agency that

 

 

SB1823- 20 -LRB103 25618 CPF 51967 b

1the location of the facility has been approved by the
2appropriate county board or municipal governing body pursuant
3to Section 39.2 of this Act.
4    After January 1, 1994, if a solid waste disposal facility,
5any portion for which an operating permit has been issued by
6the Agency, has not accepted waste disposal for 5 or more
7consecutive calendar years, before that facility may accept
8any new or additional waste for disposal, the owner and
9operator must obtain a new operating permit under this Act for
10that facility unless the owner and operator have applied to
11the Agency for a permit authorizing the temporary suspension
12of waste acceptance. The Agency may not issue a new operation
13permit under this Act for the facility unless the applicant
14has submitted proof to the Agency that the location of the
15facility has been approved or re-approved by the appropriate
16county board or municipal governing body under Section 39.2 of
17this Act after the facility ceased accepting waste.
18    Except for those facilities owned or operated by sanitary
19districts organized under the Metropolitan Water Reclamation
20District Act, and except for new pollution control facilities
21governed by Section 39.2, and except for fossil fuel mining
22facilities, the granting of a permit under this Act shall not
23relieve the applicant from meeting and securing all necessary
24zoning approvals from the unit of government having zoning
25jurisdiction over the proposed facility.
26    Before beginning construction on any new sewage treatment

 

 

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1plant or sludge drying site to be owned or operated by a
2sanitary district organized under the Metropolitan Water
3Reclamation District Act for which a new permit (rather than
4the renewal or amendment of an existing permit) is required,
5such sanitary district shall hold a public hearing within the
6municipality within which the proposed facility is to be
7located, or within the nearest community if the proposed
8facility is to be located within an unincorporated area, at
9which information concerning the proposed facility shall be
10made available to the public, and members of the public shall
11be given the opportunity to express their views concerning the
12proposed facility.
13    The Agency may issue a permit for a municipal waste
14transfer station without requiring approval pursuant to
15Section 39.2 provided that the following demonstration is
16made:
17        (1) the municipal waste transfer station was in
18    existence on or before January 1, 1979 and was in
19    continuous operation from January 1, 1979 to January 1,
20    1993;
21        (2) the operator submitted a permit application to the
22    Agency to develop and operate the municipal waste transfer
23    station during April of 1994;
24        (3) the operator can demonstrate that the county board
25    of the county, if the municipal waste transfer station is
26    in an unincorporated area, or the governing body of the

 

 

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1    municipality, if the station is in an incorporated area,
2    does not object to resumption of the operation of the
3    station; and
4        (4) the site has local zoning approval.
5    The Agency shall not issue any of the following
6construction permits unless the applicant for the permit
7submits proof to the Agency that the location of the source has
8been approved under Section 39.2 by the county board of the
9county, if in an unincorporated area, or the governing body of
10a municipality, if in an incorporated area: (i) a construction
11permit for a new or modified source that is to be located in an
12environmental justice community, that will require a CAAPP
13permit or a federally enforceable State operating permit, and
14that would be authorized under that permit to increase annual
15permitted emissions; (ii) a construction permit for any new or
16modified source that is located in an environmental justice
17community, that, on the effective date of this amendatory Act
18of the 103rd General Assembly, possesses a CAAPP permit or
19federally enforceable State operating permit, and that would
20be authorized under that permit to increase annual permitted
21emissions; or (iii) a construction permit for any existing
22source that is located in an environmental justice community,
23that would require a new CAAPP permit or new federally
24enforceable State operating permit for the first time, and
25that would be authorized under that permit to increase annual
26permitted emissions. For purposes of this subsection (c), and

 

 

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1for purposes of Section 39.2, the appropriate county board or
2governing body of the municipality shall be the county board
3of the county or the governing body of the municipality in
4which the source is to be located on the date when the
5application for siting approval is filed. The provisions added
6to this subsection (c) by this amendatory Act of the 103rd
7General Assembly do not apply to permits for modifications or
8expansions at existing federally enforceable State operating
9permit or CAAPP sources unless the modification will result in
10an increase in the hourly rate of emissions or the total annual
11emissions of any air pollutant.
12    (d) The Agency may issue RCRA permits exclusively under
13this subsection to persons owning or operating a facility for
14the treatment, storage, or disposal of hazardous waste as
15defined under this Act. Subsection (y) of this Section, rather
16than this subsection (d), shall apply to permits issued for
17CCR surface impoundments.
18    All RCRA permits shall contain those terms and conditions,
19including, but not limited to, schedules of compliance, which
20may be required to accomplish the purposes and provisions of
21this Act. The Agency may include among such conditions
22standards and other requirements established under this Act,
23Board regulations, the Resource Conservation and Recovery Act
24of 1976 (P.L. 94-580), as amended, and regulations pursuant
25thereto, and may include schedules for achieving compliance
26therewith as soon as possible. The Agency shall require that a

 

 

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1performance bond or other security be provided as a condition
2for the issuance of a RCRA permit.
3    In the case of a permit to operate a hazardous waste or PCB
4incinerator as defined in subsection (k) of Section 44, the
5Agency shall require, as a condition of the permit, that the
6operator of the facility perform such analyses of the waste to
7be incinerated as may be necessary and appropriate to ensure
8the safe operation of the incinerator.
9    The Agency shall adopt filing requirements and procedures
10which are necessary and appropriate for the issuance of RCRA
11permits, and which are consistent with the Act or regulations
12adopted by the Board, and with the Resource Conservation and
13Recovery Act of 1976 (P.L. 94-580), as amended, and
14regulations pursuant thereto.
15    The applicant shall make available to the public for
16inspection all documents submitted by the applicant to the
17Agency in furtherance of an application, with the exception of
18trade secrets, at the office of the county board or governing
19body of the municipality. Such documents may be copied upon
20payment of the actual cost of reproduction during regular
21business hours of the local office. The Agency shall issue a
22written statement concurrent with its grant or denial of the
23permit explaining the basis for its decision.
24    (e) The Agency may issue UIC permits exclusively under
25this subsection to persons owning or operating a facility for
26the underground injection of contaminants as defined under

 

 

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1this Act.
2    All UIC permits shall contain those terms and conditions,
3including, but not limited to, schedules of compliance, which
4may be required to accomplish the purposes and provisions of
5this Act. The Agency may include among such conditions
6standards and other requirements established under this Act,
7Board regulations, the Safe Drinking Water Act (P.L. 93-523),
8as amended, and regulations pursuant thereto, and may include
9schedules for achieving compliance therewith. The Agency shall
10require that a performance bond or other security be provided
11as a condition for the issuance of a UIC permit.
12    The Agency shall adopt filing requirements and procedures
13which are necessary and appropriate for the issuance of UIC
14permits, and which are consistent with the Act or regulations
15adopted by the Board, and with the Safe Drinking Water Act
16(P.L. 93-523), as amended, and regulations pursuant thereto.
17    The applicant shall make available to the public for
18inspection all documents submitted by the applicant to the
19Agency in furtherance of an application, with the exception of
20trade secrets, at the office of the county board or governing
21body of the municipality. Such documents may be copied upon
22payment of the actual cost of reproduction during regular
23business hours of the local office. The Agency shall issue a
24written statement concurrent with its grant or denial of the
25permit explaining the basis for its decision.
26    (f) In making any determination pursuant to Section 9.1 of

 

 

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1this Act:
2        (1) The Agency shall have authority to make the
3    determination of any question required to be determined by
4    the Clean Air Act, as now or hereafter amended, this Act,
5    or the regulations of the Board, including the
6    determination of the Lowest Achievable Emission Rate,
7    Maximum Achievable Control Technology, or Best Available
8    Control Technology, consistent with the Board's
9    regulations, if any.
10        (2) The Agency shall adopt requirements as necessary
11    to implement public participation procedures, including,
12    but not limited to, public notice, comment, and an
13    opportunity for hearing, which must accompany the
14    processing of applications for PSD permits. The Agency
15    shall briefly describe and respond to all significant
16    comments on the draft permit raised during the public
17    comment period or during any hearing. The Agency may group
18    related comments together and provide one unified response
19    for each issue raised.
20        (3) Any complete permit application submitted to the
21    Agency under this subsection for a PSD permit shall be
22    granted or denied by the Agency not later than one year
23    after the filing of such completed application.
24        (4) The Agency shall, after conferring with the
25    applicant, give written notice to the applicant of its
26    proposed decision on the application, including the terms

 

 

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1    and conditions of the permit to be issued and the facts,
2    conduct, or other basis upon which the Agency will rely to
3    support its proposed action.
4    (g) The Agency shall include as conditions upon all
5permits issued for hazardous waste disposal sites such
6restrictions upon the future use of such sites as are
7reasonably necessary to protect public health and the
8environment, including permanent prohibition of the use of
9such sites for purposes which may create an unreasonable risk
10of injury to human health or to the environment. After
11administrative and judicial challenges to such restrictions
12have been exhausted, the Agency shall file such restrictions
13of record in the Office of the Recorder of the county in which
14the hazardous waste disposal site is located.
15    (h) A hazardous waste stream may not be deposited in a
16permitted hazardous waste site unless specific authorization
17is obtained from the Agency by the generator and disposal site
18owner and operator for the deposit of that specific hazardous
19waste stream. The Agency may grant specific authorization for
20disposal of hazardous waste streams only after the generator
21has reasonably demonstrated that, considering technological
22feasibility and economic reasonableness, the hazardous waste
23cannot be reasonably recycled for reuse, nor incinerated or
24chemically, physically, or biologically treated so as to
25neutralize the hazardous waste and render it nonhazardous. In
26granting authorization under this Section, the Agency may

 

 

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1impose such conditions as may be necessary to accomplish the
2purposes of the Act and are consistent with this Act and
3regulations promulgated by the Board hereunder. If the Agency
4refuses to grant authorization under this Section, the
5applicant may appeal as if the Agency refused to grant a
6permit, pursuant to the provisions of subsection (a) of
7Section 40 of this Act. For purposes of this subsection (h),
8the term "generator" has the meaning given in Section 3.205 of
9this Act, unless: (1) the hazardous waste is treated,
10incinerated, or partially recycled for reuse prior to
11disposal, in which case the last person who treats,
12incinerates, or partially recycles the hazardous waste prior
13to disposal is the generator; or (2) the hazardous waste is
14from a response action, in which case the person performing
15the response action is the generator. This subsection (h) does
16not apply to any hazardous waste that is restricted from land
17disposal under 35 Ill. Adm. Code 728.
18    (i) Before issuing any RCRA permit, any permit for a waste
19storage site, sanitary landfill, waste disposal site, waste
20transfer station, waste treatment facility, waste incinerator,
21or any waste-transportation operation, any permit or interim
22authorization for a clean construction or demolition debris
23fill operation, or any permit required under subsection (d-5)
24of Section 55, the Agency shall conduct an evaluation of the
25prospective owner's or operator's prior experience in waste
26management operations, clean construction or demolition debris

 

 

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1fill operations, and tire storage site management. The Agency
2may deny such a permit, or deny or revoke interim
3authorization, if the prospective owner or operator or any
4employee or officer of the prospective owner or operator has a
5history of:
6        (1) repeated violations of federal, State, or local
7    laws, regulations, standards, or ordinances in the
8    operation of waste management facilities or sites, clean
9    construction or demolition debris fill operation
10    facilities or sites, or tire storage sites; or
11        (2) conviction in this or another State of any crime
12    which is a felony under the laws of this State, or
13    conviction of a felony in a federal court; or conviction
14    in this or another state or federal court of any of the
15    following crimes: forgery, official misconduct, bribery,
16    perjury, or knowingly submitting false information under
17    any environmental law, regulation, or permit term or
18    condition; or
19        (3) proof of gross carelessness or incompetence in
20    handling, storing, processing, transporting, or disposing
21    of waste, clean construction or demolition debris, or used
22    or waste tires, or proof of gross carelessness or
23    incompetence in using clean construction or demolition
24    debris as fill.
25    (i-5) Before issuing any permit or approving any interim
26authorization for a clean construction or demolition debris

 

 

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1fill operation in which any ownership interest is transferred
2between January 1, 2005, and the effective date of the
3prohibition set forth in Section 22.52 of this Act, the Agency
4shall conduct an evaluation of the operation if any previous
5activities at the site or facility may have caused or allowed
6contamination of the site. It shall be the responsibility of
7the owner or operator seeking the permit or interim
8authorization to provide to the Agency all of the information
9necessary for the Agency to conduct its evaluation. The Agency
10may deny a permit or interim authorization if previous
11activities at the site may have caused or allowed
12contamination at the site, unless such contamination is
13authorized under any permit issued by the Agency.
14    (j) The issuance under this Act of a permit to engage in
15the surface mining of any resources other than fossil fuels
16shall not relieve the permittee from its duty to comply with
17any applicable local law regulating the commencement,
18location, or operation of surface mining facilities.
19    (k) A development permit issued under subsection (a) of
20Section 39 for any facility or site which is required to have a
21permit under subsection (d) of Section 21 shall expire at the
22end of 2 calendar years from the date upon which it was issued,
23unless within that period the applicant has taken action to
24develop the facility or the site. In the event that review of
25the conditions of the development permit is sought pursuant to
26Section 40 or 41, or permittee is prevented from commencing

 

 

SB1823- 31 -LRB103 25618 CPF 51967 b

1development of the facility or site by any other litigation
2beyond the permittee's control, such two-year period shall be
3deemed to begin on the date upon which such review process or
4litigation is concluded.
5    (l) No permit shall be issued by the Agency under this Act
6for construction or operation of any facility or site located
7within the boundaries of any setback zone established pursuant
8to this Act, where such construction or operation is
9prohibited.
10    (m) The Agency may issue permits to persons owning or
11operating a facility for composting landscape waste. In
12granting such permits, the Agency may impose such conditions
13as may be necessary to accomplish the purposes of this Act, and
14as are not inconsistent with applicable regulations
15promulgated by the Board. Except as otherwise provided in this
16Act, a bond or other security shall not be required as a
17condition for the issuance of a permit. If the Agency denies
18any permit pursuant to this subsection, the Agency shall
19transmit to the applicant within the time limitations of this
20subsection specific, detailed statements as to the reasons the
21permit application was denied. Such statements shall include
22but not be limited to the following:
23        (1) the Sections of this Act that may be violated if
24    the permit were granted;
25        (2) the specific regulations promulgated pursuant to
26    this Act that may be violated if the permit were granted;

 

 

SB1823- 32 -LRB103 25618 CPF 51967 b

1        (3) the specific information, if any, the Agency deems
2    the applicant did not provide in its application to the
3    Agency; and
4        (4) a statement of specific reasons why the Act and
5    the regulations might be violated if the permit were
6    granted.
7    If no final action is taken by the Agency within 90 days
8after the filing of the application for permit, the applicant
9may deem the permit issued. Any applicant for a permit may
10waive the 90-day limitation by filing a written statement with
11the Agency.
12    The Agency shall issue permits for such facilities upon
13receipt of an application that includes a legal description of
14the site, a topographic map of the site drawn to the scale of
15200 feet to the inch or larger, a description of the operation,
16including the area served, an estimate of the volume of
17materials to be processed, and documentation that:
18        (1) the facility includes a setback of at least 200
19    feet from the nearest potable water supply well;
20        (2) the facility is located outside the boundary of
21    the 10-year floodplain or the site will be floodproofed;
22        (3) the facility is located so as to minimize
23    incompatibility with the character of the surrounding
24    area, including at least a 200 foot setback from any
25    residence, and in the case of a facility that is developed
26    or the permitted composting area of which is expanded

 

 

SB1823- 33 -LRB103 25618 CPF 51967 b

1    after November 17, 1991, the composting area is located at
2    least 1/8 mile from the nearest residence (other than a
3    residence located on the same property as the facility);
4        (4) the design of the facility will prevent any
5    compost material from being placed within 5 feet of the
6    water table, will adequately control runoff from the site,
7    and will collect and manage any leachate that is generated
8    on the site;
9        (5) the operation of the facility will include
10    appropriate dust and odor control measures, limitations on
11    operating hours, appropriate noise control measures for
12    shredding, chipping and similar equipment, management
13    procedures for composting, containment and disposal of
14    non-compostable wastes, procedures to be used for
15    terminating operations at the site, and recordkeeping
16    sufficient to document the amount of materials received,
17    composted, and otherwise disposed of; and
18        (6) the operation will be conducted in accordance with
19    any applicable rules adopted by the Board.
20    The Agency shall issue renewable permits of not longer
21than 10 years in duration for the composting of landscape
22wastes, as defined in Section 3.155 of this Act, based on the
23above requirements.
24    The operator of any facility permitted under this
25subsection (m) must submit a written annual statement to the
26Agency on or before April 1 of each year that includes an

 

 

SB1823- 34 -LRB103 25618 CPF 51967 b

1estimate of the amount of material, in tons, received for
2composting.
3    (n) The Agency shall issue permits jointly with the
4Department of Transportation for the dredging or deposit of
5material in Lake Michigan in accordance with Section 18 of the
6Rivers, Lakes, and Streams Act.
7    (o) (Blank).
8    (p) (1) Any person submitting an application for a permit
9for a new MSWLF unit or for a lateral expansion under
10subsection (t) of Section 21 of this Act for an existing MSWLF
11unit that has not received and is not subject to local siting
12approval under Section 39.2 of this Act shall publish notice
13of the application in a newspaper of general circulation in
14the county in which the MSWLF unit is or is proposed to be
15located. The notice must be published at least 15 days before
16submission of the permit application to the Agency. The notice
17shall state the name and address of the applicant, the
18location of the MSWLF unit or proposed MSWLF unit, the nature
19and size of the MSWLF unit or proposed MSWLF unit, the nature
20of the activity proposed, the probable life of the proposed
21activity, the date the permit application will be submitted,
22and a statement that persons may file written comments with
23the Agency concerning the permit application within 30 days
24after the filing of the permit application unless the time
25period to submit comments is extended by the Agency.
26    When a permit applicant submits information to the Agency

 

 

SB1823- 35 -LRB103 25618 CPF 51967 b

1to supplement a permit application being reviewed by the
2Agency, the applicant shall not be required to reissue the
3notice under this subsection.
4    (2) The Agency shall accept written comments concerning
5the permit application that are postmarked no later than 30
6days after the filing of the permit application, unless the
7time period to accept comments is extended by the Agency.
8    (3) Each applicant for a permit described in part (1) of
9this subsection shall file a copy of the permit application
10with the county board or governing body of the municipality in
11which the MSWLF unit is or is proposed to be located at the
12same time the application is submitted to the Agency. The
13permit application filed with the county board or governing
14body of the municipality shall include all documents submitted
15to or to be submitted to the Agency, except trade secrets as
16determined under Section 7.1 of this Act. The permit
17application and other documents on file with the county board
18or governing body of the municipality shall be made available
19for public inspection during regular business hours at the
20office of the county board or the governing body of the
21municipality and may be copied upon payment of the actual cost
22of reproduction.
23    (q) Within 6 months after July 12, 2011 (the effective
24date of Public Act 97-95), the Agency, in consultation with
25the regulated community, shall develop a web portal to be
26posted on its website for the purpose of enhancing review and

 

 

SB1823- 36 -LRB103 25618 CPF 51967 b

1promoting timely issuance of permits required by this Act. At
2a minimum, the Agency shall make the following information
3available on the web portal:
4        (1) Checklists and guidance relating to the completion
5    of permit applications, developed pursuant to subsection
6    (s) of this Section, which may include, but are not
7    limited to, existing instructions for completing the
8    applications and examples of complete applications. As the
9    Agency develops new checklists and develops guidance, it
10    shall supplement the web portal with those materials.
11        (2) Within 2 years after July 12, 2011 (the effective
12    date of Public Act 97-95), permit application forms or
13    portions of permit applications that can be completed and
14    saved electronically, and submitted to the Agency
15    electronically with digital signatures.
16        (3) Within 2 years after July 12, 2011 (the effective
17    date of Public Act 97-95), an online tracking system where
18    an applicant may review the status of its pending
19    application, including the name and contact information of
20    the permit analyst assigned to the application. Until the
21    online tracking system has been developed, the Agency
22    shall post on its website semi-annual permitting
23    efficiency tracking reports that include statistics on the
24    timeframes for Agency action on the following types of
25    permits received after July 12, 2011 (the effective date
26    of Public Act 97-95): air construction permits, new NPDES

 

 

SB1823- 37 -LRB103 25618 CPF 51967 b

1    permits and associated water construction permits, and
2    modifications of major NPDES permits and associated water
3    construction permits. The reports must be posted by
4    February 1 and August 1 each year and shall include:
5            (A) the number of applications received for each
6        type of permit, the number of applications on which
7        the Agency has taken action, and the number of
8        applications still pending; and
9            (B) for those applications where the Agency has
10        not taken action in accordance with the timeframes set
11        forth in this Act, the date the application was
12        received and the reasons for any delays, which may
13        include, but shall not be limited to, (i) the
14        application being inadequate or incomplete, (ii)
15        scientific or technical disagreements with the
16        applicant, USEPA, or other local, state, or federal
17        agencies involved in the permitting approval process,
18        (iii) public opposition to the permit, or (iv) Agency
19        staffing shortages. To the extent practicable, the
20        tracking report shall provide approximate dates when
21        cause for delay was identified by the Agency, when the
22        Agency informed the applicant of the problem leading
23        to the delay, and when the applicant remedied the
24        reason for the delay.
25    (r) Upon the request of the applicant, the Agency shall
26notify the applicant of the permit analyst assigned to the

 

 

SB1823- 38 -LRB103 25618 CPF 51967 b

1application upon its receipt.
2    (s) The Agency is authorized to prepare and distribute
3guidance documents relating to its administration of this
4Section and procedural rules implementing this Section.
5Guidance documents prepared under this subsection shall not be
6considered rules and shall not be subject to the Illinois
7Administrative Procedure Act. Such guidance shall not be
8binding on any party.
9    (t) Except as otherwise prohibited by federal law or
10regulation, any person submitting an application for a permit
11may include with the application suggested permit language for
12Agency consideration. The Agency is not obligated to use the
13suggested language or any portion thereof in its permitting
14decision. If requested by the permit applicant, the Agency
15shall meet with the applicant to discuss the suggested
16language.
17    (u) If requested by the permit applicant, the Agency shall
18provide the permit applicant with a copy of the draft permit
19prior to any public review period.
20    (v) If requested by the permit applicant, the Agency shall
21provide the permit applicant with a copy of the final permit
22prior to its issuance.
23    (w) An air pollution permit shall not be required due to
24emissions of greenhouse gases, as specified by Section 9.15 of
25this Act.
26    (x) If, before the expiration of a State operating permit

 

 

SB1823- 39 -LRB103 25618 CPF 51967 b

1that is issued pursuant to subsection (a) of this Section and
2contains federally enforceable conditions limiting the
3potential to emit of the source to a level below the major
4source threshold for that source so as to exclude the source
5from the Clean Air Act Permit Program, the Agency receives a
6complete application for the renewal of that permit, then all
7of the terms and conditions of the permit shall remain in
8effect until final administrative action has been taken on the
9application for the renewal of the permit.
10    (y) The Agency may issue permits exclusively under this
11subsection to persons owning or operating a CCR surface
12impoundment subject to Section 22.59.
13    (z) If a mass animal mortality event is declared by the
14Department of Agriculture in accordance with the Animal
15Mortality Act:
16        (1) the owner or operator responsible for the disposal
17    of dead animals is exempted from the following:
18            (i) obtaining a permit for the construction,
19        installation, or operation of any type of facility or
20        equipment issued in accordance with subsection (a) of
21        this Section;
22            (ii) obtaining a permit for open burning in
23        accordance with the rules adopted by the Board; and
24            (iii) registering the disposal of dead animals as
25        an eligible small source with the Agency in accordance
26        with Section 9.14 of this Act;

 

 

SB1823- 40 -LRB103 25618 CPF 51967 b

1        (2) as applicable, the owner or operator responsible
2    for the disposal of dead animals is required to obtain the
3    following permits:
4            (i) an NPDES permit in accordance with subsection
5        (b) of this Section;
6            (ii) a PSD permit or an NA NSR permit in accordance
7        with Section 9.1 of this Act;
8            (iii) a lifetime State operating permit or a
9        federally enforceable State operating permit, in
10        accordance with subsection (a) of this Section; or
11            (iv) a CAAPP permit, in accordance with Section
12        39.5 of this Act.
13    All CCR surface impoundment permits shall contain those
14terms and conditions, including, but not limited to, schedules
15of compliance, which may be required to accomplish the
16purposes and provisions of this Act, Board regulations, the
17Illinois Groundwater Protection Act and regulations pursuant
18thereto, and the Resource Conservation and Recovery Act and
19regulations pursuant thereto, and may include schedules for
20achieving compliance therewith as soon as possible.
21    The Board shall adopt filing requirements and procedures
22that are necessary and appropriate for the issuance of CCR
23surface impoundment permits and that are consistent with this
24Act or regulations adopted by the Board, and with the RCRA, as
25amended, and regulations pursuant thereto.
26    The applicant shall make available to the public for

 

 

SB1823- 41 -LRB103 25618 CPF 51967 b

1inspection all documents submitted by the applicant to the
2Agency in furtherance of an application, with the exception of
3trade secrets, on its public internet website as well as at the
4office of the county board or governing body of the
5municipality where CCR from the CCR surface impoundment will
6be permanently disposed. Such documents may be copied upon
7payment of the actual cost of reproduction during regular
8business hours of the local office.
9    The Agency shall issue a written statement concurrent with
10its grant or denial of the permit explaining the basis for its
11decision.
12    (aa) The Agency shall not issue any of the following
13construction permits unless the applicant for the permit
14submits to the Agency with its permit application proof that
15the permit applicant has conducted a public meeting pursuant
16to this subsection (aa) and submitted an environmental justice
17assessment pursuant to subsection (bb): (i) a construction
18permit for a new source that is to be located in an
19environmental justice community, that will require a CAAPP
20permit or a federally enforceable State operating permit, and
21that would be authorized under that permit to increase annual
22permitted emissions; (ii) a construction permit for any
23existing source that is located in an environmental justice
24community, that, on the effective date of this amendatory Act
25of the 103rd General Assembly, possesses a CAAPP permit or
26federally enforceable State operating permit, and that would

 

 

SB1823- 42 -LRB103 25618 CPF 51967 b

1be authorized under that permit to increase annual permitted
2emissions; or (iii) a construction permit for any existing
3source that is located in an environmental justice community,
4that would require a new CAAPP permit or new federally
5enforceable State operating permit for the first time, and
6that would be authorized under that permit to increase annual
7permitted emissions. This subsection (aa) also applies to
8permit applications for modifications or expansions to
9existing sources that will result in an increase in the hourly
10rate of emissions or the total annual emissions of any air
11pollutant. The public meeting required under this subsection
12(aa) shall be held within the environmental justice community
13where the proposed source is located or to be located, and the
14applicant shall collect public comments at the meeting.
15        (1) Notice of the public meeting shall be provided 30
16    days in advance to:
17            (A) local elected officials in the area where the
18        proposed source is to be located, including the mayor
19        or village president, municipal clerk, county board
20        chairman, county clerk, and State's Attorney;
21            (B) members of the General Assembly from the
22        legislative district in which the proposed source is
23        to be located; and
24            (C) directors of child care centers licensed by
25        the Department of Children and Family Services, school
26        principals, and public park superintendents who

 

 

SB1823- 43 -LRB103 25618 CPF 51967 b

1        oversee facilities located within one mile of the
2        proposed source.
3        (2) Notice of the public meeting shall be published in
4    a newspaper of general circulation.
5        (3) Notice of the public meeting shall be posted on a
6    website of the applicant with a link provided to the
7    Agency for posting on the Agency's website.
8        (4) Notice of the public meeting shall include all of
9    the following:
10            (A) the name and address of the applicant and the
11        proposed source;
12            (B) the activity or activities at the proposed
13        source to be permitted;
14            (C) the proposed source's anticipated potential to
15        emit and allowable emissions of regulated pollutants;
16            (D) the date, time, and location of the public
17        meeting;
18            (E) the deadline for submission of written
19        comments;
20            (F) the mailing address or email address where
21        written comments can be submitted; and
22            (G) the website where the summary of the
23        environmental justice assessment required under
24        subsection (bb) can be accessed.
25        (5) If the population of individuals who reside within
26    one mile of the source includes individuals within a

 

 

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1    linguistically isolated community, then the applicant
2    shall provide the public notice in a multilingual format
3    appropriate to the needs of the linguistically isolated
4    community and shall provide oral and written translation
5    services at the public meeting.
6    At the public meeting, the applicant shall present a
7summary of the environmental justice assessment required under
8subsection (bb).
9    The applicant must accept written public comments from the
10date public notice of the meeting is provided until at least 30
11days after the date of the public meeting.
12    The applicant must provide with its permit application a
13copy of the meeting notice and a certification, under penalty
14of law, signed by a responsible official for the permit
15applicant attesting (i) to the fact that a public meeting was
16held, (ii) to the information that was provided by the
17applicant at the public meeting, and (iii) that the applicant
18collected written comments and transcribed oral public
19comments in accordance with the requirements of this
20subsection (aa).
21    The failure of the applicant to comply with the express
22procedural requirements under this subsection (aa) shall
23result in denial of a permit application submitted to the
24Agency.
25    The Agency may propose and the Board may adopt rules
26regarding the implementation of this subsection (aa).

 

 

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1    (bb) The Agency shall not issue any of the construction
2permits described in subsection (aa) unless the applicant for
3the permit submits to the Agency with its permit application
4proof that the permit applicant has conducted an environmental
5justice assessment for the proposed project. The environmental
6justice assessment shall consist of the following:
7        (1) Air dispersion modeling examining the air
8    quality-related impacts from the proposed project in
9    combination with existing mobile and stationary air
10    pollutant emitting sources.
11        The air dispersion modeling must address emissions
12    associated with issuance of the permit.
13        If the air dispersion modeling reveals estimated
14    off-site impacts from the proposed project, the applicant
15    shall also identify efforts that will be undertaken by the
16    applicant during the construction or operation of the new
17    source to mitigate such impacts.
18        (2) A modeling protocol submitted to the Agency for
19    review and consideration prior to performance of the air
20    dispersion modeling. The modeling protocol shall include
21    analyses sufficient to evaluate short-term impacts to air
22    quality and impacts to air quality from nonstandard
23    operating conditions, such as worst-case emission
24    estimates under a variety of weather and atmospheric
25    conditions and emissions associated with startup,
26    shutdown, maintenance, and outages. Any Agency

 

 

SB1823- 46 -LRB103 25618 CPF 51967 b

1    recommendations for revisions to the modeling protocol
2    shall be provided in writing to the applicant within 120
3    days after receipt of the modeling protocol. The modeling
4    shall be performed using accepted USEPA methodologies.
5        (3) An environmental impact review evaluating the
6    direct, indirect, and cumulative environmental impacts
7    within the environmental justice community that are
8    associated with the proposed project. The environmental
9    impact review shall include, but shall not be limited to,
10    the following:
11            (A) a qualitative and quantitative assessment of
12        emissions-related impacts of the project on the area,
13        including an estimate of the maximum allowable
14        emissions of criteria pollutants and hazardous air
15        pollutants from the source; and
16            (B) an assessment of the health-based indicators
17        for inhalation exposure, including, but not limited
18        to, impacts to the respiratory, hematological,
19        neurological, cardiovascular, renal, and hepatic
20        systems and cancer rates.
21    The environmental justice assessment must be completed by
22an independent third party.
23    If the environmental justice assessment shows that the
24proposed project will cause harm to the environment or public
25health, the Agency shall impose conditions in the permit that
26will mitigate such harm, or it shall deny the permit if such

 

 

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1harm is unavoidable and causes or contributes to
2disproportionate harm.
3    The Agency shall propose and the Board shall adopt rules
4regarding the implementation of this subsection (bb),
5including, at a minimum, the type and nature of air dispersion
6modeling, the contents of the modeling protocol and
7environmental impact review, and a description of harm and
8disproportionate harm that may be evidenced by the
9environmental justice assessment.
10    (cc) The Agency shall not issue any of the following
11construction permits unless the Agency conducts an evaluation
12of the prospective owner's or operator's prior experience in
13owning and operating sources of air pollution: (i) a
14construction permit for a new source that is to be located in
15an environmental justice community, that will require a CAAPP
16permit or a federally enforceable State operating permit, and
17that would be authorized under that permit to increase annual
18permitted emissions; (ii) a construction permit for any
19existing source that is located in an environmental justice
20community, that, on the effective date of this amendatory Act
21of the 103rd General Assembly, possesses a CAAPP permit or
22federally enforceable State operating permit, and that would
23be authorized under that permit to increase annual permitted
24emissions; or (iii) a construction permit for any existing
25source that is located in an environmental justice community,
26that would require a new CAAPP permit or new federally

 

 

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1enforceable State operating permit for the first time, and
2that would be authorized under that permit to increase annual
3permitted emissions. The Agency may deny the permit if the
4prospective owner or operator or any employee or officer of
5the prospective owner or operator or any board member has a
6history of:
7        (1) repeated violations of federal, State, or local
8    laws, rules, regulations, standards, or ordinances in the
9    ownership or operation of sources of air pollution;
10        (2) conviction in this State, another state, or
11    federal court of knowingly submitting false information
12    under any environmental law, rule, regulation, or permit
13    term or condition; or
14        (3) proof of gross carelessness or incompetence in the
15    ownership or operation of a source of air pollution.
16(Source: P.A. 101-171, eff. 7-30-19; 102-216, eff. 1-1-22;
17102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
18    (415 ILCS 5/39.2)  (from Ch. 111 1/2, par. 1039.2)
19    Sec. 39.2. Local siting review.
20    (a) The county board of the county or the governing body of
21the municipality, as determined by paragraph (c) of Section 39
22of this Act, shall, subject to review, approve or disapprove
23the request for local siting approval for each pollution
24control facility and each of the following construction
25permits: (i) a construction permit for a new source that is to

 

 

SB1823- 49 -LRB103 25618 CPF 51967 b

1be located in an environmental justice community, that will
2require a CAAPP permit or a federally enforceable State
3operating permit, and that would be authorized under that
4permit to increase annual permitted emissions; (ii) a
5construction permit for any existing source that is located in
6an environmental justice community, that, on the effective
7date of this amendatory Act of the 103rd General Assembly,
8possesses a CAAPP permit or federally enforceable State
9operating permit, and that would be authorized under that
10permit to increase annual permitted emissions; or (iii) a
11construction permit for any existing source that is located in
12an environmental justice community, that would require a new
13CAAPP permit or new federally enforceable State operating
14permit for the first time, and that would be authorized under
15that permit to increase annual permitted emissions. which is
16subject to such review. An applicant for local siting approval
17shall submit sufficient details describing the proposed
18facility and evidence to demonstrate compliance, and local
19siting approval shall be granted only if the proposed facility
20meets the following criteria:
21        (i) the pollution control facility is necessary to
22    accommodate the waste needs of the area it is intended to
23    serve;
24        (ii) the pollution control facility or air pollution
25    source is so designed, located, and proposed to be
26    operated that the public health, safety, and welfare will

 

 

SB1823- 50 -LRB103 25618 CPF 51967 b

1    be protected;
2        (iii) the pollution control facility or air pollution
3    source is located so as to minimize incompatibility with
4    the character of the surrounding area and to minimize the
5    effect on the value of the surrounding property;
6        (iv) (A) for a pollution control facility other than a
7    sanitary landfill or waste disposal site, the pollution
8    control facility is located outside the boundary of the
9    100-year 100 year flood plain or the site is
10    flood-proofed; (B) for a pollution control facility that
11    is a sanitary landfill or waste disposal site, the
12    pollution control facility is located outside the boundary
13    of the 100-year floodplain, or if the pollution control
14    facility is a facility described in subsection (b)(3) of
15    Section 22.19a, the site is flood-proofed;
16        (v) the plan of operations for the pollution control
17    facility or air pollution source is designed to minimize
18    the danger to the surrounding area from fire, spills, or
19    other operational accidents;
20        (vi) the traffic patterns to or from the pollution
21    control facility or air pollution source are so designed
22    as to minimize the impact on existing traffic flows;
23        (vii) if the pollution control facility will be
24    treating, storing, or disposing of hazardous waste, an
25    emergency response plan exists for the facility which
26    includes notification, containment, and evacuation

 

 

SB1823- 51 -LRB103 25618 CPF 51967 b

1    procedures to be used in case of an accidental release;
2        (viii) if the pollution control facility is to be
3    located in a county where the county board has adopted a
4    solid waste management plan consistent with the planning
5    requirements of the Local Solid Waste Disposal Act or the
6    Solid Waste Planning and Recycling Act, the pollution
7    control facility is consistent with that plan; for
8    purposes of this criterion (viii), the "solid waste
9    management plan" means the plan that is in effect as of the
10    date the application for siting approval is filed; and
11        (ix) if the pollution control facility will be located
12    within a regulated recharge area, any applicable
13    requirements specified by the Board for such areas have
14    been met.
15    The county board or the governing body of the municipality
16may also consider as evidence the previous operating
17experience and past record of convictions or admissions of
18violations of the pollution control facility applicant (and
19any subsidiary or parent corporation) in the field of solid
20waste management when considering criteria (ii) and (v) under
21this Section.
22    If the pollution control facility is subject to the
23location restrictions in Section 22.14 of this Act, compliance
24with that Section shall be determined as of the date the
25application for siting approval is filed.
26    (b) No later than 14 days before the date on which the

 

 

SB1823- 52 -LRB103 25618 CPF 51967 b

1county board or governing body of the municipality receives a
2request for site approval, the applicant shall cause written
3notice of such request to be served either in person or by
4registered mail, return receipt requested, on the owners of
5all property within the subject area not solely owned by the
6applicant, and on the owners of all property within 250 feet in
7each direction of the lot line of the subject property, said
8owners being such persons or entities which appear from the
9authentic tax records of the county County in which such
10pollution control facility or air pollution source is to be
11located; provided, that the number of all feet occupied by all
12public roads, streets, alleys, and other public ways shall be
13excluded in computing the 250 feet requirement; provided
14further, that in no event shall this requirement exceed 400
15feet, including public streets, alleys, and other public ways.
16    Such written notice shall also be served upon members of
17the General Assembly from the legislative district in which
18the proposed pollution control facility or air pollution
19source is located and shall be published in a newspaper of
20general circulation published in the county in which the site
21is located.
22    Such notice shall state the name and address of the
23applicant, the location of the proposed site, the nature and
24size of the development, the nature of the activity proposed,
25the probable life of the proposed activity, the date when the
26request for site approval will be submitted, and a description

 

 

SB1823- 53 -LRB103 25618 CPF 51967 b

1of the right of persons to comment on such request as hereafter
2provided.
3    (c) An applicant shall file a copy of its request with the
4county board of the county or the governing body of the
5municipality in which the proposed site is located. The
6request shall include (i) the substance of the applicant's
7proposal and (ii) all documents, if any, submitted as of that
8date to the Agency pertaining to the proposed pollution
9control facility or air pollution source, except trade secrets
10as determined under Section 7.1 of this Act. All such
11documents or other materials on file with the county board or
12governing body of the municipality shall be made available for
13public inspection at the office of the county board or the
14governing body of the municipality and may be copied upon
15payment of the actual cost of reproduction.
16    Any person may file written comment with the county board
17or governing body of the municipality concerning the
18appropriateness of the proposed site for its intended purpose.
19The county board or governing body of the municipality shall
20consider any comment received or postmarked not later than 30
21days after the date of the last public hearing.
22    (d) At least one public hearing, at which an applicant
23shall present at least one witness to testify subject to
24cross-examination, is to be held by the county board or
25governing body of the municipality no sooner than 90 days but
26no later than 120 days after the date on which it received the

 

 

SB1823- 54 -LRB103 25618 CPF 51967 b

1request for site approval. No later than 14 days prior to such
2hearing, notice shall be published in a newspaper of general
3circulation published in the county of the proposed site, and
4delivered by certified mail to all members of the General
5Assembly from the district in which the proposed site is
6located, to the governing authority of every municipality
7contiguous to the proposed site or contiguous to the
8municipality in which the proposed site is to be located, to
9the county board of the county where the proposed site is to be
10located, if the proposed site is located within the boundaries
11of a municipality, and to the Agency. Members or
12representatives of the governing authority of a municipality
13contiguous to the proposed site or contiguous to the
14municipality in which the proposed site is to be located and,
15if the proposed site is located in a municipality, members or
16representatives of the county board of a county in which the
17proposed site is to be located may appear at and participate in
18public hearings held pursuant to this Section. The public
19hearing shall develop a record sufficient to form the basis of
20appeal of the decision in accordance with Section 40.1 of this
21Act. The fact that a member of the county board or governing
22body of the municipality has publicly expressed an opinion on
23an issue related to a site review proceeding shall not
24preclude the member from taking part in the proceeding and
25voting on the issue.
26    (e) Decisions of the county board or governing body of the

 

 

SB1823- 55 -LRB103 25618 CPF 51967 b

1municipality are to be in writing, confirming a public hearing
2was held with testimony from at least one witness presented by
3the applicant, specifying the reasons for the decision, such
4reasons to be in conformance with subsection (a) of this
5Section. In granting approval for a site the county board or
6governing body of the municipality may impose such conditions
7as may be reasonable and necessary to accomplish the purposes
8of this Section and as are not inconsistent with regulations
9promulgated by the Board. Such decision shall be available for
10public inspection at the office of the county board or
11governing body of the municipality and may be copied upon
12payment of the actual cost of reproduction. If there is no
13final action by the county board or governing body of the
14municipality within 180 days after the date on which it
15received the request for site approval, the applicant may deem
16the request approved.
17    At the public hearing, at any time prior to completion by
18the applicant of the presentation of the applicant's factual
19evidence, testimony, and an opportunity for cross-examination
20by the county board or governing body of the municipality and
21any participants, the applicant may file not more than one
22amended application upon payment of additional fees pursuant
23to subsection (k); in which case the time limitation for final
24action set forth in this subsection (e) shall be extended for
25an additional period of 90 days.
26    If, prior to making a final local siting decision, a

 

 

SB1823- 56 -LRB103 25618 CPF 51967 b

1county board or governing body of a municipality has
2negotiated and entered into a host agreement with the local
3siting applicant, the terms and conditions of the host
4agreement, whether written or oral, shall be disclosed and
5made a part of the hearing record for that local siting
6proceeding. In the case of an oral agreement, the disclosure
7shall be made in the form of a written summary jointly prepared
8and submitted by the county board or governing body of the
9municipality and the siting applicant and shall describe the
10terms and conditions of the oral agreement.
11    (e-5) Siting approval obtained pursuant to this Section is
12transferable and may be transferred to a subsequent owner or
13operator. In the event that siting approval has been
14transferred to a subsequent owner or operator, that subsequent
15owner or operator assumes and takes subject to any and all
16conditions imposed upon the prior owner or operator by the
17county board of the county or governing body of the
18municipality pursuant to subsection (e). However, any such
19conditions imposed pursuant to this Section may be modified by
20agreement between the subsequent owner or operator and the
21appropriate county board or governing body. Further, in the
22event that siting approval obtained pursuant to this Section
23has been transferred to a subsequent owner or operator, that
24subsequent owner or operator assumes all rights and
25obligations and takes the facility subject to any and all
26terms and conditions of any existing host agreement between

 

 

SB1823- 57 -LRB103 25618 CPF 51967 b

1the prior owner or operator and the appropriate county board
2or governing body.
3    (f) A local siting approval granted under this Section
4shall expire at the end of 2 calendar years from the date upon
5which it was granted, unless the local siting approval granted
6under this Section is for a sanitary landfill operation, in
7which case the approval shall expire at the end of 3 calendar
8years from the date upon which it was granted, and unless
9within that period the applicant has made application to the
10Agency for a permit to develop the site. In the event that the
11local siting decision has been appealed, such expiration
12period shall be deemed to begin on the date upon which the
13appeal process is concluded.
14    Except as otherwise provided in this subsection, upon the
15expiration of a development permit under subsection (k) of
16Section 39, any associated local siting approval granted for
17the facility under this Section shall also expire.
18    If a first development permit for a municipal waste
19incineration facility expires under subsection (k) of Section
2039 after September 30, 1989 due to circumstances beyond the
21control of the applicant, any associated local siting approval
22granted for the facility under this Section may be used to
23fulfill the local siting approval requirement upon application
24for a second development permit for the same site, provided
25that the proposal in the new application is materially the
26same, with respect to the criteria in subsection (a) of this

 

 

SB1823- 58 -LRB103 25618 CPF 51967 b

1Section, as the proposal that received the original siting
2approval, and application for the second development permit is
3made before January 1, 1990.
4    (g) The siting approval procedures, criteria and appeal
5procedures provided for in this Act for new pollution control
6facilities shall be the exclusive siting procedures and rules
7and appeal procedures for facilities subject to such
8procedures. Local zoning or other local land use requirements
9shall not be applicable to such siting decisions.
10    (h) Nothing in this Section shall apply to any existing or
11new pollution control facility located within the corporate
12limits of a municipality with a population of over 1,000,000.
13    (i) (Blank.)
14    The Board shall adopt regulations establishing the
15geologic and hydrologic siting criteria necessary to protect
16usable groundwater resources which are to be followed by the
17Agency in its review of permit applications for new pollution
18control facilities. Such regulations, insofar as they apply to
19new pollution control facilities authorized to store, treat or
20dispose of any hazardous waste, shall be at least as stringent
21as the requirements of the Resource Conservation and Recovery
22Act and any State or federal regulations adopted pursuant
23thereto.
24    (j) Any new pollution control facility which has never
25obtained local siting approval under the provisions of this
26Section shall be required to obtain such approval after a

 

 

SB1823- 59 -LRB103 25618 CPF 51967 b

1final decision on an appeal of a permit denial.
2    (k) A county board or governing body of a municipality may
3charge applicants for siting review under this Section a
4reasonable fee to cover the reasonable and necessary costs
5incurred by such county or municipality in the siting review
6process.
7    (l) The governing Authority as determined by subsection
8(c) of Section 39 of this Act may request the Department of
9Transportation to perform traffic impact studies of proposed
10or potential locations for required pollution control
11facilities.
12    (m) An applicant may not file a request for local siting
13approval which is substantially the same as a request which
14was disapproved pursuant to a finding against the applicant
15under any of criteria (i) through (ix) of subsection (a) of
16this Section within the preceding 2 years.
17    (n) In any review proceeding of a decision of the county
18board or governing body of a municipality made pursuant to the
19local siting review process, the petitioner in the review
20proceeding shall pay to the county or municipality the cost of
21preparing and certifying the record of proceedings. Should the
22petitioner in the review proceeding fail to make payment, the
23provisions of Section 3-109 of the Code of Civil Procedure
24shall apply.
25    In the event the petitioner is a citizens' group that
26participated in the siting proceeding and is so located as to

 

 

SB1823- 60 -LRB103 25618 CPF 51967 b

1be affected by the proposed facility, such petitioner shall be
2exempt from paying the costs of preparing and certifying the
3record.
4    (o) Notwithstanding any other provision of this Section, a
5transfer station used exclusively for landscape waste, where
6landscape waste is held no longer than 24 hours from the time
7it was received, is not subject to the requirements of local
8siting approval under this Section, but is subject only to
9local zoning approval.
10    (p) The siting approval procedures, criteria, and appeal
11procedures provided for in this Act for new air pollution
12sources shall be in addition to the applicable local land use
13and zoning standards, procedures, rules, and appeal
14procedures, including separate environmental justice and
15cumulative environmental impact reviews and requirements as
16may be adopted locally. Local zoning or other local land use
17requirements shall continue to be applicable to siting
18decisions for new air pollution sources in addition to the
19siting approval procedures, criteria, and appeal procedures
20provided in this Act.
21(Source: P.A. 100-382, eff. 8-25-17.)
 
22    (415 ILCS 5/39.5)  (from Ch. 111 1/2, par. 1039.5)
23    Sec. 39.5. Clean Air Act Permit Program.
24    1. Definitions. For purposes of this Section:
25    "Administrative permit amendment" means a permit revision

 

 

SB1823- 61 -LRB103 25618 CPF 51967 b

1subject to subsection 13 of this Section.
2    "Affected source for acid deposition" means a source that
3includes one or more affected units under Title IV of the Clean
4Air Act.
5    "Affected States" for purposes of formal distribution of a
6draft CAAPP permit to other States for comments prior to
7issuance, means all States:
8        (1) Whose air quality may be affected by the source
9    covered by the draft permit and that are contiguous to
10    Illinois; or
11        (2) That are within 50 miles of the source.
12    "Affected unit for acid deposition" shall have the meaning
13given to the term "affected unit" in the regulations
14promulgated under Title IV of the Clean Air Act.
15    "Applicable Clean Air Act requirement" means all of the
16following as they apply to emissions units in a source
17(including regulations that have been promulgated or approved
18by USEPA pursuant to the Clean Air Act which directly impose
19requirements upon a source and other such federal requirements
20which have been adopted by the Board. These may include
21requirements and regulations which have future effective
22compliance dates. Requirements and regulations will be exempt
23if USEPA determines that such requirements need not be
24contained in a Title V permit):
25        (1) Any standard or other requirement provided for in
26    the applicable state implementation plan approved or

 

 

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1    promulgated by USEPA under Title I of the Clean Air Act
2    that implements the relevant requirements of the Clean Air
3    Act, including any revisions to the state Implementation
4    Plan promulgated in 40 CFR Part 52, Subparts A and O and
5    other subparts applicable to Illinois. For purposes of
6    this paragraph (1) of this definition, "any standard or
7    other requirement" means only such standards or
8    requirements directly enforceable against an individual
9    source under the Clean Air Act.
10        (2)(i) Any term or condition of any preconstruction
11        permits issued pursuant to regulations approved or
12        promulgated by USEPA under Title I of the Clean Air
13        Act, including Part C or D of the Clean Air Act.
14            (ii) Any term or condition as required pursuant to
15        Section 39.5 of any federally enforceable State
16        operating permit issued pursuant to regulations
17        approved or promulgated by USEPA under Title I of the
18        Clean Air Act, including Part C or D of the Clean Air
19        Act.
20        (3) Any standard or other requirement under Section
21    111 of the Clean Air Act, including Section 111(d).
22        (4) Any standard or other requirement under Section
23    112 of the Clean Air Act, including any requirement
24    concerning accident prevention under Section 112(r)(7) of
25    the Clean Air Act.
26        (5) Any standard or other requirement of the acid rain

 

 

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1    program under Title IV of the Clean Air Act or the
2    regulations promulgated thereunder.
3        (6) Any requirements established pursuant to Section
4    504(b) or Section 114(a)(3) of the Clean Air Act.
5        (7) Any standard or other requirement governing solid
6    waste incineration, under Section 129 of the Clean Air
7    Act.
8        (8) Any standard or other requirement for consumer and
9    commercial products, under Section 183(e) of the Clean Air
10    Act.
11        (9) Any standard or other requirement for tank
12    vessels, under Section 183(f) of the Clean Air Act.
13        (10) Any standard or other requirement of the program
14    to control air pollution from Outer Continental Shelf
15    sources, under Section 328 of the Clean Air Act.
16        (11) Any standard or other requirement of the
17    regulations promulgated to protect stratospheric ozone
18    under Title VI of the Clean Air Act, unless USEPA has
19    determined that such requirements need not be contained in
20    a Title V permit.
21        (12) Any national ambient air quality standard or
22    increment or visibility requirement under Part C of Title
23    I of the Clean Air Act, but only as it would apply to
24    temporary sources permitted pursuant to Section 504(e) of
25    the Clean Air Act.
26    "Applicable requirement" means all applicable Clean Air

 

 

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1Act requirements and any other standard, limitation, or other
2requirement contained in this Act or regulations promulgated
3under this Act as applicable to sources of air contaminants
4(including requirements that have future effective compliance
5dates).
6    "CAAPP" means the Clean Air Act Permit Program, developed
7pursuant to Title V of the Clean Air Act.
8    "CAAPP application" means an application for a CAAPP
9permit.
10    "CAAPP Permit" or "permit" (unless the context suggests
11otherwise) means any permit issued, renewed, amended, modified
12or revised pursuant to Title V of the Clean Air Act.
13    "CAAPP source" means any source for which the owner or
14operator is required to obtain a CAAPP permit pursuant to
15subsection 2 of this Section.
16    "Clean Air Act" means the Clean Air Act, as now and
17hereafter amended, 42 U.S.C. 7401, et seq.
18    "Designated representative" has the meaning given to it in
19Section 402(26) of the Clean Air Act and the regulations
20promulgated thereunder, which state that the term "designated
21representative" means a responsible person or official
22authorized by the owner or operator of a unit to represent the
23owner or operator in all matters pertaining to the holding,
24transfer, or disposition of allowances allocated to a unit,
25and the submission of and compliance with permits, permit
26applications, and compliance plans for the unit.

 

 

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1    "Draft CAAPP permit" means the version of a CAAPP permit
2for which public notice and an opportunity for public comment
3and hearing is offered by the Agency.
4    "Effective date of the CAAPP" means the date that USEPA
5approves Illinois' CAAPP.
6    "Emission unit" means any part or activity of a stationary
7source that emits or has the potential to emit any air
8pollutant. This term is not meant to alter or affect the
9definition of the term "unit" for purposes of Title IV of the
10Clean Air Act.
11    "Federally enforceable" means enforceable by USEPA.
12    "Final permit action" means the Agency's granting with
13conditions, refusal to grant, renewal of, or revision of a
14CAAPP permit, the Agency's determination of incompleteness of
15a submitted CAAPP application, or the Agency's failure to act
16on an application for a permit, permit renewal, or permit
17revision within the time specified in subsection 13,
18subsection 14, or paragraph (j) of subsection 5 of this
19Section.
20    "General permit" means a permit issued to cover numerous
21similar sources in accordance with subsection 11 of this
22Section.
23    "Major source" means a source for which emissions of one
24or more air pollutants meet the criteria for major status
25pursuant to paragraph (c) of subsection 2 of this Section.
26    "Maximum achievable control technology" or "MACT" means

 

 

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1the maximum degree of reductions in emissions deemed
2achievable under Section 112 of the Clean Air Act.
3    "Owner or operator" means any person who owns, leases,
4operates, controls, or supervises a stationary source.
5    "Permit modification" means a revision to a CAAPP permit
6that cannot be accomplished under the provisions for
7administrative permit amendments under subsection 13 of this
8Section.
9    "Permit revision" means a permit modification or
10administrative permit amendment.
11    "Phase II" means the period of the national acid rain
12program, established under Title IV of the Clean Air Act,
13beginning January 1, 2000, and continuing thereafter.
14    "Phase II acid rain permit" means the portion of a CAAPP
15permit issued, renewed, modified, or revised by the Agency
16during Phase II for an affected source for acid deposition.
17    "Potential to emit" means the maximum capacity of a
18stationary source to emit any air pollutant under its physical
19and operational design. Any physical or operational limitation
20on the capacity of a source to emit an air pollutant, including
21air pollution control equipment and restrictions on hours of
22operation or on the type or amount of material combusted,
23stored, or processed, shall be treated as part of its design if
24the limitation is enforceable by USEPA. This definition does
25not alter or affect the use of this term for any other purposes
26under the Clean Air Act, or the term "capacity factor" as used

 

 

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1in Title IV of the Clean Air Act or the regulations promulgated
2thereunder.
3    "Preconstruction Permit" or "Construction Permit" means a
4permit which is to be obtained prior to commencing or
5beginning actual construction or modification of a source or
6emissions unit.
7    "Proposed CAAPP permit" means the version of a CAAPP
8permit that the Agency proposes to issue and forwards to USEPA
9for review in compliance with applicable requirements of the
10Act and regulations promulgated thereunder.
11    "Regulated air pollutant" means the following:
12        (1) Nitrogen oxides (NOx) or any volatile organic
13    compound.
14        (2) Any pollutant for which a national ambient air
15    quality standard has been promulgated.
16        (3) Any pollutant that is subject to any standard
17    promulgated under Section 111 of the Clean Air Act.
18        (4) Any Class I or II substance subject to a standard
19    promulgated under or established by Title VI of the Clean
20    Air Act.
21        (5) Any pollutant subject to a standard promulgated
22    under Section 112 or other requirements established under
23    Section 112 of the Clean Air Act, including Sections
24    112(g), (j) and (r).
25            (i) Any pollutant subject to requirements under
26        Section 112(j) of the Clean Air Act. Any pollutant

 

 

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1        listed under Section 112(b) for which the subject
2        source would be major shall be considered to be
3        regulated 18 months after the date on which USEPA was
4        required to promulgate an applicable standard pursuant
5        to Section 112(e) of the Clean Air Act, if USEPA fails
6        to promulgate such standard.
7            (ii) Any pollutant for which the requirements of
8        Section 112(g)(2) of the Clean Air Act have been met,
9        but only with respect to the individual source subject
10        to Section 112(g)(2) requirement.
11        (6) Greenhouse gases.
12    "Renewal" means the process by which a permit is reissued
13at the end of its term.
14    "Responsible official" means one of the following:
15        (1) For a corporation: a president, secretary,
16    treasurer, or vice-president of the corporation in charge
17    of a principal business function, or any other person who
18    performs similar policy or decision-making functions for
19    the corporation, or a duly authorized representative of
20    such person if the representative is responsible for the
21    overall operation of one or more manufacturing,
22    production, or operating facilities applying for or
23    subject to a permit and either (i) the facilities employ
24    more than 250 persons or have gross annual sales or
25    expenditures exceeding $25 million (in second quarter 1980
26    dollars), or (ii) the delegation of authority to such

 

 

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1    representative is approved in advance by the Agency.
2        (2) For a partnership or sole proprietorship: a
3    general partner or the proprietor, respectively, or in the
4    case of a partnership in which all of the partners are
5    corporations, a duly authorized representative of the
6    partnership if the representative is responsible for the
7    overall operation of one or more manufacturing,
8    production, or operating facilities applying for or
9    subject to a permit and either (i) the facilities employ
10    more than 250 persons or have gross annual sales or
11    expenditures exceeding $25 million (in second quarter 1980
12    dollars), or (ii) the delegation of authority to such
13    representative is approved in advance by the Agency.
14        (3) For a municipality, State, Federal, or other
15    public agency: either a principal executive officer or
16    ranking elected official. For the purposes of this part, a
17    principal executive officer of a Federal agency includes
18    the chief executive officer having responsibility for the
19    overall operations of a principal geographic unit of the
20    agency (e.g., a Regional Administrator of USEPA).
21        (4) For affected sources for acid deposition:
22            (i) The designated representative shall be the
23        "responsible official" in so far as actions,
24        standards, requirements, or prohibitions under Title
25        IV of the Clean Air Act or the regulations promulgated
26        thereunder are concerned.

 

 

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1            (ii) The designated representative may also be the
2        "responsible official" for any other purposes with
3        respect to air pollution control.
4    "Section 502(b)(10) changes" means changes that contravene
5express permit terms. "Section 502(b)(10) changes" do not
6include changes that would violate applicable requirements or
7contravene federally enforceable permit terms or conditions
8that are monitoring (including test methods), recordkeeping,
9reporting, or compliance certification requirements.
10    "Solid waste incineration unit" means a distinct operating
11unit of any facility which combusts any solid waste material
12from commercial or industrial establishments or the general
13public (including single and multiple residences, hotels, and
14motels). The term does not include incinerators or other units
15required to have a permit under Section 3005 of the Solid Waste
16Disposal Act. The term also does not include (A) materials
17recovery facilities (including primary or secondary smelters)
18which combust waste for the primary purpose of recovering
19metals, (B) qualifying small power production facilities, as
20defined in Section 3(17)(C) of the Federal Power Act (16
21U.S.C. 769(17)(C)), or qualifying cogeneration facilities, as
22defined in Section 3(18)(B) of the Federal Power Act (16
23U.S.C. 796(18)(B)), which burn homogeneous waste (such as
24units which burn tires or used oil, but not including
25refuse-derived fuel) for the production of electric energy or
26in the case of qualifying cogeneration facilities which burn

 

 

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1homogeneous waste for the production of electric energy and
2steam or forms of useful energy (such as heat) which are used
3for industrial, commercial, heating or cooling purposes, or
4(C) air curtain incinerators provided that such incinerators
5only burn wood wastes, yard waste and clean lumber and that
6such air curtain incinerators comply with opacity limitations
7to be established by the USEPA by rule.
8    "Source" means any stationary source (or any group of
9stationary sources) that is located on one or more contiguous
10or adjacent properties that are under common control of the
11same person (or persons under common control) and that belongs
12to a single major industrial grouping. For the purposes of
13defining "source," a stationary source or group of stationary
14sources shall be considered part of a single major industrial
15grouping if all of the pollutant emitting activities at such
16source or group of sources located on contiguous or adjacent
17properties and under common control belong to the same Major
18Group (i.e., all have the same two-digit code) as described in
19the Standard Industrial Classification Manual, 1987, or such
20pollutant emitting activities at a stationary source (or group
21of stationary sources) located on contiguous or adjacent
22properties and under common control constitute a support
23facility. The determination as to whether any group of
24stationary sources is located on contiguous or adjacent
25properties, and/or is under common control, and/or whether the
26pollutant emitting activities at such group of stationary

 

 

SB1823- 72 -LRB103 25618 CPF 51967 b

1sources constitute a support facility shall be made on a case
2by case basis.
3    "Stationary source" means any building, structure,
4facility, or installation that emits or may emit any regulated
5air pollutant or any pollutant listed under Section 112(b) of
6the Clean Air Act, except those emissions resulting directly
7from an internal combustion engine for transportation purposes
8or from a nonroad engine or nonroad vehicle as defined in
9Section 216 of the Clean Air Act.
10    "Subject to regulation" has the meaning given to it in 40
11CFR 70.2, as now or hereafter amended.
12    "Support facility" means any stationary source (or group
13of stationary sources) that conveys, stores, or otherwise
14assists to a significant extent in the production of a
15principal product at another stationary source (or group of
16stationary sources). A support facility shall be considered to
17be part of the same source as the stationary source (or group
18of stationary sources) that it supports regardless of the
192-digit Standard Industrial Classification code for the
20support facility.
21    "USEPA" means the Administrator of the United States
22Environmental Protection Agency (USEPA) or a person designated
23by the Administrator.
 
24    1.1. Exclusion From the CAAPP.
25        a. An owner or operator of a source which determines

 

 

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1    that the source could be excluded from the CAAPP may seek
2    such exclusion prior to the date that the CAAPP
3    application for the source is due but in no case later than
4    9 months after the effective date of the CAAPP through the
5    imposition of federally enforceable conditions limiting
6    the "potential to emit" of the source to a level below the
7    major source threshold for that source as described in
8    paragraph (c) of subsection 2 of this Section, within a
9    State operating permit issued pursuant to subsection (a)
10    of Section 39 of this Act. After such date, an exclusion
11    from the CAAPP may be sought under paragraph (c) of
12    subsection 3 of this Section.
13        b. An owner or operator of a source seeking exclusion
14    from the CAAPP pursuant to paragraph (a) of this
15    subsection must submit a permit application consistent
16    with the existing State permit program which specifically
17    requests such exclusion through the imposition of such
18    federally enforceable conditions.
19        c. Upon such request, if the Agency determines that
20    the owner or operator of a source has met the requirements
21    for exclusion pursuant to paragraph (a) of this subsection
22    and other applicable requirements for permit issuance
23    under subsection (a) of Section 39 of this Act, the Agency
24    shall issue a State operating permit for such source under
25    subsection (a) of Section 39 of this Act, as amended, and
26    regulations promulgated thereunder with federally

 

 

SB1823- 74 -LRB103 25618 CPF 51967 b

1    enforceable conditions limiting the "potential to emit" of
2    the source to a level below the major source threshold for
3    that source as described in paragraph (c) of subsection 2
4    of this Section.
5        d. The Agency shall provide an owner or operator of a
6    source which may be excluded from the CAAPP pursuant to
7    this subsection with reasonable notice that the owner or
8    operator may seek such exclusion.
9        e. The Agency shall provide such sources with the
10    necessary permit application forms.
 
11    2. Applicability.
12        a. Sources subject to this Section shall include:
13            i. Any major source as defined in paragraph (c) of
14        this subsection.
15            ii. Any source subject to a standard or other
16        requirements promulgated under Section 111 (New Source
17        Performance Standards) or Section 112 (Hazardous Air
18        Pollutants) of the Clean Air Act, except that a source
19        is not required to obtain a permit solely because it is
20        subject to regulations or requirements under Section
21        112(r) of the Clean Air Act.
22            iii. Any affected source for acid deposition, as
23        defined in subsection 1 of this Section.
24            iv. Any other source subject to this Section under
25        the Clean Air Act or regulations promulgated

 

 

SB1823- 75 -LRB103 25618 CPF 51967 b

1        thereunder, or applicable Board regulations.
2        b. Sources exempted from this Section shall include:
3            i. All sources listed in paragraph (a) of this
4        subsection that are not major sources, affected
5        sources for acid deposition or solid waste
6        incineration units required to obtain a permit
7        pursuant to Section 129(e) of the Clean Air Act, until
8        the source is required to obtain a CAAPP permit
9        pursuant to the Clean Air Act or regulations
10        promulgated thereunder.
11            ii. Nonmajor sources subject to a standard or
12        other requirements subsequently promulgated by USEPA
13        under Section 111 or 112 of the Clean Air Act that are
14        determined by USEPA to be exempt at the time a new
15        standard is promulgated.
16            iii. All sources and source categories that would
17        be required to obtain a permit solely because they are
18        subject to Part 60, Subpart AAA - Standards of
19        Performance for New Residential Wood Heaters (40 CFR
20        Part 60).
21            iv. All sources and source categories that would
22        be required to obtain a permit solely because they are
23        subject to Part 61, Subpart M - National Emission
24        Standard for Hazardous Air Pollutants for Asbestos,
25        Section 61.145 (40 CFR Part 61).
26            v. Any other source categories exempted by USEPA

 

 

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1        regulations pursuant to Section 502(a) of the Clean
2        Air Act.
3            vi. Major sources of greenhouse gas emissions
4        required to obtain a CAAPP permit under this Section
5        if any of the following occurs:
6                (A) enactment of federal legislation depriving
7            the Administrator of the USEPA of authority to
8            regulate greenhouse gases under the Clean Air Act;
9                (B) the issuance of any opinion, ruling,
10            judgment, order, or decree by a federal court
11            depriving the Administrator of the USEPA of
12            authority to regulate greenhouse gases under the
13            Clean Air Act; or
14                (C) action by the President of the United
15            States or the President's authorized agent,
16            including the Administrator of the USEPA, to
17            repeal or withdraw the Greenhouse Gas Tailoring
18            Rule (75 Fed. Reg. 31514, June 3, 2010).
19            If any event listed in this subparagraph (vi)
20        occurs, CAAPP permits issued after such event shall
21        not impose permit terms or conditions addressing
22        greenhouse gases during the effectiveness of any event
23        listed in subparagraph (vi). If any event listed in
24        this subparagraph (vi) occurs, any owner or operator
25        with a CAAPP permit that includes terms or conditions
26        addressing greenhouse gases may elect to submit an

 

 

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1        application to the Agency to address a revision or
2        repeal of such terms or conditions. If any owner or
3        operator submits such an application, the Agency shall
4        expeditiously process the permit application in
5        accordance with applicable laws and regulations.
6        Nothing in this subparagraph (vi) shall relieve an
7        owner or operator of a source from the requirement to
8        obtain a CAAPP permit for its emissions of regulated
9        air pollutants other than greenhouse gases, as
10        required by this Section.
11        c. For purposes of this Section the term "major
12    source" means any source that is:
13            i. A major source under Section 112 of the Clean
14        Air Act, which is defined as:
15                A. For pollutants other than radionuclides,
16            any stationary source or group of stationary
17            sources located within a contiguous area and under
18            common control that emits or has the potential to
19            emit, in the aggregate, 10 tons per year (tpy) or
20            more of any hazardous air pollutant which has been
21            listed pursuant to Section 112(b) of the Clean Air
22            Act, 25 tpy or more of any combination of such
23            hazardous air pollutants, or such lesser quantity
24            as USEPA may establish by rule. Notwithstanding
25            the preceding sentence, emissions from any oil or
26            gas exploration or production well (with its

 

 

SB1823- 78 -LRB103 25618 CPF 51967 b

1            associated equipment) and emissions from any
2            pipeline compressor or pump station shall not be
3            aggregated with emissions from other similar
4            units, whether or not such units are in a
5            contiguous area or under common control, to
6            determine whether such stations are major sources.
7                B. For radionuclides, "major source" shall
8            have the meaning specified by the USEPA by rule.
9            ii. A major stationary source of air pollutants,
10        as defined in Section 302 of the Clean Air Act, that
11        directly emits or has the potential to emit, 100 tpy or
12        more of any air pollutant subject to regulation
13        (including any major source of fugitive emissions of
14        any such pollutant, as determined by rule by USEPA).
15        For purposes of this subsection, "fugitive emissions"
16        means those emissions which could not reasonably pass
17        through a stack, chimney, vent, or other
18        functionally-equivalent opening. The fugitive
19        emissions of a stationary source shall not be
20        considered in determining whether it is a major
21        stationary source for the purposes of Section 302(j)
22        of the Clean Air Act, unless the source belongs to one
23        of the following categories of stationary source:
24                A. Coal cleaning plants (with thermal dryers).
25                B. Kraft pulp mills.
26                C. Portland cement plants.

 

 

SB1823- 79 -LRB103 25618 CPF 51967 b

1                D. Primary zinc smelters.
2                E. Iron and steel mills.
3                F. Primary aluminum ore reduction plants.
4                G. Primary copper smelters.
5                H. Municipal incinerators capable of charging
6            more than 250 tons of refuse per day.
7                I. Hydrofluoric, sulfuric, or nitric acid
8            plants.
9                J. Petroleum refineries.
10                K. Lime plants.
11                L. Phosphate rock processing plants.
12                M. Coke oven batteries.
13                N. Sulfur recovery plants.
14                O. Carbon black plants (furnace process).
15                P. Primary lead smelters.
16                Q. Fuel conversion plants.
17                R. Sintering plants.
18                S. Secondary metal production plants.
19                T. Chemical process plants.
20                U. Fossil-fuel boilers (or combination
21            thereof) totaling more than 250 million British
22            thermal units per hour heat input.
23                V. Petroleum storage and transfer units with a
24            total storage capacity exceeding 300,000 barrels.
25                W. Taconite ore processing plants.
26                X. Glass fiber processing plants.

 

 

SB1823- 80 -LRB103 25618 CPF 51967 b

1                Y. Charcoal production plants.
2                Z. Fossil fuel-fired steam electric plants of
3            more than 250 million British thermal units per
4            hour heat input.
5                AA. All other stationary source categories,
6            which as of August 7, 1980 are being regulated by a
7            standard promulgated under Section 111 or 112 of
8            the Clean Air Act.
9                BB. Any other stationary source category
10            designated by USEPA by rule.
11            iii. A major stationary source as defined in part
12        D of Title I of the Clean Air Act including:
13                A. For ozone nonattainment areas, sources with
14            the potential to emit 100 tons or more per year of
15            volatile organic compounds or oxides of nitrogen
16            in areas classified as "marginal" or "moderate",
17            50 tons or more per year in areas classified as
18            "serious", 25 tons or more per year in areas
19            classified as "severe", and 10 tons or more per
20            year in areas classified as "extreme"; except that
21            the references in this clause to 100, 50, 25, and
22            10 tons per year of nitrogen oxides shall not
23            apply with respect to any source for which USEPA
24            has made a finding, under Section 182(f)(1) or (2)
25            of the Clean Air Act, that requirements otherwise
26            applicable to such source under Section 182(f) of

 

 

SB1823- 81 -LRB103 25618 CPF 51967 b

1            the Clean Air Act do not apply. Such sources shall
2            remain subject to the major source criteria of
3            subparagraph (ii) of paragraph (c) of this
4            subsection.
5                B. For ozone transport regions established
6            pursuant to Section 184 of the Clean Air Act,
7            sources with the potential to emit 50 tons or more
8            per year of volatile organic compounds (VOCs).
9                C. For carbon monoxide nonattainment areas (1)
10            that are classified as "serious", and (2) in which
11            stationary sources contribute significantly to
12            carbon monoxide levels as determined under rules
13            issued by USEPA, sources with the potential to
14            emit 50 tons or more per year of carbon monoxide.
15                D. For particulate matter (PM-10)
16            nonattainment areas classified as "serious",
17            sources with the potential to emit 70 tons or more
18            per year of PM-10.
 
19    3. Agency Authority To Issue CAAPP Permits and Federally
20Enforceable State Operating Permits.
21        a. The Agency shall issue CAAPP permits under this
22    Section consistent with the Clean Air Act and regulations
23    promulgated thereunder and this Act and regulations
24    promulgated thereunder.
25        b. The Agency shall issue CAAPP permits for fixed

 

 

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1    terms of 5 years, except CAAPP permits issued for solid
2    waste incineration units combusting municipal waste which
3    shall be issued for fixed terms of 12 years and except
4    CAAPP permits for affected sources for acid deposition
5    which shall be issued for initial terms to expire on
6    December 31, 1999, and for fixed terms of 5 years
7    thereafter.
8        c. The Agency shall have the authority to issue a
9    State operating permit for a source under subsection (a)
10    of Section 39 of this Act, as amended, and regulations
11    promulgated thereunder, which includes federally
12    enforceable conditions limiting the "potential to emit" of
13    the source to a level below the major source threshold for
14    that source as described in paragraph (c) of subsection 2
15    of this Section, thereby excluding the source from the
16    CAAPP, when requested by the applicant pursuant to
17    paragraph (u) of subsection 5 of this Section. The public
18    notice requirements of this Section applicable to CAAPP
19    permits shall also apply to the initial issuance of
20    permits under this paragraph.
21        d. For purposes of this Act, a permit issued by USEPA
22    under Section 505 of the Clean Air Act, as now and
23    hereafter amended, shall be deemed to be a permit issued
24    by the Agency pursuant to Section 39.5 of this Act.
 
25    4. Transition.

 

 

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1        a. An owner or operator of a CAAPP source shall not be
2    required to renew an existing State operating permit for
3    any emission unit at such CAAPP source once a CAAPP
4    application timely submitted prior to expiration of the
5    State operating permit has been deemed complete. For
6    purposes other than permit renewal, the obligation upon
7    the owner or operator of a CAAPP source to obtain a State
8    operating permit is not removed upon submittal of the
9    complete CAAPP permit application. An owner or operator of
10    a CAAPP source seeking to make a modification to a source
11    prior to the issuance of its CAAPP permit shall be
12    required to obtain a construction permit, operating
13    permit, or both as required for such modification in
14    accordance with the State permit program under subsection
15    (a) of Section 39 of this Act, as amended, and regulations
16    promulgated thereunder. The application for such
17    construction permit, operating permit, or both shall be
18    considered an amendment to the CAAPP application submitted
19    for such source.
20        b. An owner or operator of a CAAPP source shall
21    continue to operate in accordance with the terms and
22    conditions of its applicable State operating permit
23    notwithstanding the expiration of the State operating
24    permit until the source's CAAPP permit has been issued.
25        c. An owner or operator of a CAAPP source shall submit
26    its initial CAAPP application to the Agency no later than

 

 

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1    12 months after the effective date of the CAAPP. The
2    Agency may request submittal of initial CAAPP applications
3    during this 12-month period according to a schedule set
4    forth within Agency procedures, however, in no event shall
5    the Agency require such submittal earlier than 3 months
6    after such effective date of the CAAPP. An owner or
7    operator may voluntarily submit its initial CAAPP
8    application prior to the date required within this
9    paragraph or applicable procedures, if any, subsequent to
10    the date the Agency submits the CAAPP to USEPA for
11    approval.
12        d. The Agency shall act on initial CAAPP applications
13    in accordance with paragraph (j) of subsection 5 of this
14    Section.
15        e. For purposes of this Section, the term "initial
16    CAAPP application" shall mean the first CAAPP application
17    submitted for a source existing as of the effective date
18    of the CAAPP.
19        f. The Agency shall provide owners or operators of
20    CAAPP sources with at least 3 months advance notice of the
21    date on which their applications are required to be
22    submitted. In determining which sources shall be subject
23    to early submittal, the Agency shall include among its
24    considerations the complexity of the permit application,
25    and the burden that such early submittal will have on the
26    source.

 

 

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1        g. The CAAPP permit shall upon becoming effective
2    supersede the State operating permit.
3        h. The Agency shall have the authority to adopt
4    procedural rules, in accordance with the Illinois
5    Administrative Procedure Act, as the Agency deems
6    necessary, to implement this subsection.
 
7    5. Applications and Completeness.
8        a. An owner or operator of a CAAPP source shall submit
9    its complete CAAPP application consistent with the Act and
10    applicable regulations.
11        b. An owner or operator of a CAAPP source shall submit
12    a single complete CAAPP application covering all emission
13    units at that source.
14        c. To be deemed complete, a CAAPP application must
15    provide all information, as requested in Agency
16    application forms, sufficient to evaluate the subject
17    source and its application and to determine all applicable
18    requirements, pursuant to the Clean Air Act, and
19    regulations thereunder, this Act and regulations
20    thereunder. Such Agency application forms shall be
21    finalized and made available prior to the date on which
22    any CAAPP application is required.
23        d. An owner or operator of a CAAPP source shall
24    submit, as part of its complete CAAPP application, a
25    compliance plan, including a schedule of compliance,

 

 

SB1823- 86 -LRB103 25618 CPF 51967 b

1    describing how each emission unit will comply with all
2    applicable requirements. Any such schedule of compliance
3    shall be supplemental to, and shall not sanction
4    noncompliance with, the applicable requirements on which
5    it is based.
6        e. Each submitted CAAPP application shall be certified
7    for truth, accuracy, and completeness by a responsible
8    official in accordance with applicable regulations.
9        f. The Agency shall provide notice to a CAAPP
10    applicant as to whether a submitted CAAPP application is
11    complete. Unless the Agency notifies the applicant of
12    incompleteness, within 60 days after receipt of the CAAPP
13    application, the application shall be deemed complete. The
14    Agency may request additional information as needed to
15    make the completeness determination. The Agency may to the
16    extent practicable provide the applicant with a reasonable
17    opportunity to correct deficiencies prior to a final
18    determination of completeness.
19        g. If after the determination of completeness the
20    Agency finds that additional information is necessary to
21    evaluate or take final action on the CAAPP application,
22    the Agency may request in writing such information from
23    the source with a reasonable deadline for response.
24        h. If the owner or operator of a CAAPP source submits a
25    timely and complete CAAPP application, the source's
26    failure to have a CAAPP permit shall not be a violation of

 

 

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1    this Section until the Agency takes final action on the
2    submitted CAAPP application, provided, however, where the
3    applicant fails to submit the requested information under
4    paragraph (g) of this subsection 5 within the time frame
5    specified by the Agency, this protection shall cease to
6    apply.
7        i. Any applicant who fails to submit any relevant
8    facts necessary to evaluate the subject source and its
9    CAAPP application or who has submitted incorrect
10    information in a CAAPP application shall, upon becoming
11    aware of such failure or incorrect submittal, submit
12    supplementary facts or correct information to the Agency.
13    In addition, an applicant shall provide to the Agency
14    additional information as necessary to address any
15    requirements which become applicable to the source
16    subsequent to the date the applicant submitted its
17    complete CAAPP application but prior to release of the
18    draft CAAPP permit.
19        j. The Agency shall issue or deny the CAAPP permit
20    within 18 months after the date of receipt of the complete
21    CAAPP application, with the following exceptions: (i)
22    permits for affected sources for acid deposition shall be
23    issued or denied within 6 months after receipt of a
24    complete application in accordance with subsection 17 of
25    this Section; (ii) the Agency shall act on initial CAAPP
26    applications within 24 months after the date of receipt of

 

 

SB1823- 88 -LRB103 25618 CPF 51967 b

1    the complete CAAPP application; (iii) the Agency shall act
2    on complete applications containing early reduction
3    demonstrations under Section 112(i)(5) of the Clean Air
4    Act within 9 months of receipt of the complete CAAPP
5    application.
6        Where the Agency does not take final action on the
7    permit within the required time period, the permit shall
8    not be deemed issued; rather, the failure to act shall be
9    treated as a final permit action for purposes of judicial
10    review pursuant to Sections 40.2 and 41 of this Act.
11        k. The submittal of a complete CAAPP application shall
12    not affect the requirement that any source have a
13    preconstruction permit under Title I of the Clean Air Act.
14        l. Unless a timely and complete renewal application
15    has been submitted consistent with this subsection, a
16    CAAPP source operating upon the expiration of its CAAPP
17    permit shall be deemed to be operating without a CAAPP
18    permit. Such operation is prohibited under this Act.
19        m. Permits being renewed shall be subject to the same
20    procedural requirements, including those for public
21    participation and federal review and objection, that apply
22    to original permit issuance.
23        n. For purposes of permit renewal, a timely
24    application is one that is submitted no less than 9 months
25    prior to the date of permit expiration.
26        o. The terms and conditions of a CAAPP permit shall

 

 

SB1823- 89 -LRB103 25618 CPF 51967 b

1    remain in effect until the issuance of a CAAPP renewal
2    permit provided a timely and complete CAAPP application
3    has been submitted.
4        p. The owner or operator of a CAAPP source seeking a
5    permit shield pursuant to paragraph (j) of subsection 7 of
6    this Section shall request such permit shield in the CAAPP
7    application regarding that source.
8        q. The Agency shall make available to the public all
9    documents submitted by the applicant to the Agency,
10    including each CAAPP application, compliance plan
11    (including the schedule of compliance), and emissions or
12    compliance monitoring report, with the exception of
13    information entitled to confidential treatment pursuant to
14    Section 7 of this Act.
15        r. The Agency shall use the standardized forms
16    required under Title IV of the Clean Air Act and
17    regulations promulgated thereunder for affected sources
18    for acid deposition.
19        s. An owner or operator of a CAAPP source may include
20    within its CAAPP application a request for permission to
21    operate during a startup, malfunction, or breakdown
22    consistent with applicable Board regulations.
23        t. An owner or operator of a CAAPP source, in order to
24    utilize the operational flexibility provided under
25    paragraph (l) of subsection 7 of this Section, must
26    request such use and provide the necessary information

 

 

SB1823- 90 -LRB103 25618 CPF 51967 b

1    within its CAAPP application.
2        u. An owner or operator of a CAAPP source which seeks
3    exclusion from the CAAPP through the imposition of
4    federally enforceable conditions, pursuant to paragraph
5    (c) of subsection 3 of this Section, must request such
6    exclusion within a CAAPP application submitted consistent
7    with this subsection on or after the date that the CAAPP
8    application for the source is due. Prior to such date, but
9    in no case later than 9 months after the effective date of
10    the CAAPP, such owner or operator may request the
11    imposition of federally enforceable conditions pursuant to
12    paragraph (b) of subsection 1.1 of this Section.
13        v. CAAPP applications shall contain accurate
14    information on allowable emissions to implement the fee
15    provisions of subsection 18 of this Section.
16        w. An owner or operator of a CAAPP source shall submit
17    within its CAAPP application emissions information
18    regarding all regulated air pollutants emitted at that
19    source consistent with applicable Agency procedures.
20    Emissions information regarding insignificant activities
21    or emission levels, as determined by the Agency pursuant
22    to Board regulations, may be submitted as a list within
23    the CAAPP application. The Agency shall propose
24    regulations to the Board defining insignificant activities
25    or emission levels, consistent with federal regulations,
26    if any, no later than 18 months after the effective date of

 

 

SB1823- 91 -LRB103 25618 CPF 51967 b

1    this amendatory Act of 1992, consistent with Section
2    112(n)(1) of the Clean Air Act. The Board shall adopt
3    final regulations defining insignificant activities or
4    emission levels no later than 9 months after the date of
5    the Agency's proposal.
6        x. The owner or operator of a new CAAPP source shall
7    submit its complete CAAPP application consistent with this
8    subsection within 12 months after commencing operation of
9    such source. The owner or operator of an existing source
10    that has been excluded from the provisions of this Section
11    under subsection 1.1 or paragraph (c) of subsection 3 of
12    this Section and that becomes subject to the CAAPP solely
13    due to a change in operation at the source shall submit its
14    complete CAAPP application consistent with this subsection
15    at least 180 days before commencing operation in
16    accordance with the change in operation.
17        y. The Agency shall have the authority to adopt
18    procedural rules, in accordance with the Illinois
19    Administrative Procedure Act, as the Agency deems
20    necessary to implement this subsection.
 
21    6. Prohibitions.
22        a. It shall be unlawful for any person to violate any
23    terms or conditions of a permit issued under this Section,
24    to operate any CAAPP source except in compliance with a
25    permit issued by the Agency under this Section or to

 

 

SB1823- 92 -LRB103 25618 CPF 51967 b

1    violate any other applicable requirements. All terms and
2    conditions of a permit issued under this Section are
3    enforceable by USEPA and citizens under the Clean Air Act,
4    except those, if any, that are specifically designated as
5    not being federally enforceable in the permit pursuant to
6    paragraph (m) of subsection 7 of this Section.
7        b. After the applicable CAAPP permit or renewal
8    application submittal date, as specified in subsection 5
9    of this Section, no person shall operate a CAAPP source
10    without a CAAPP permit unless the complete CAAPP permit or
11    renewal application for such source has been timely
12    submitted to the Agency.
13        c. No owner or operator of a CAAPP source shall cause
14    or threaten or allow the continued operation of an
15    emission source during malfunction or breakdown of the
16    emission source or related air pollution control equipment
17    if such operation would cause a violation of the standards
18    or limitations applicable to the source, unless the CAAPP
19    permit granted to the source provides for such operation
20    consistent with this Act and applicable Board regulations.
 
21    7. Permit Content.
22        a. All CAAPP permits shall contain emission
23    limitations and standards and other enforceable terms and
24    conditions, including but not limited to operational
25    requirements, and schedules for achieving compliance at

 

 

SB1823- 93 -LRB103 25618 CPF 51967 b

1    the earliest reasonable date, which are or will be
2    required to accomplish the purposes and provisions of this
3    Act and to assure compliance with all applicable
4    requirements.
5        b. The Agency shall include among such conditions
6    applicable monitoring, reporting, record keeping and
7    compliance certification requirements, as authorized by
8    paragraphs (d), (e), and (f) of this subsection, that the
9    Agency deems necessary to assure compliance with the Clean
10    Air Act, the regulations promulgated thereunder, this Act,
11    and applicable Board regulations. When monitoring,
12    reporting, record keeping, and compliance certification
13    requirements are specified within the Clean Air Act,
14    regulations promulgated thereunder, this Act, or
15    applicable regulations, such requirements shall be
16    included within the CAAPP permit. The Board shall have
17    authority to promulgate additional regulations where
18    necessary to accomplish the purposes of the Clean Air Act,
19    this Act, and regulations promulgated thereunder.
20        c. The Agency shall assure, within such conditions,
21    the use of terms, test methods, units, averaging periods,
22    and other statistical conventions consistent with the
23    applicable emission limitations, standards, and other
24    requirements contained in the permit.
25        d. To meet the requirements of this subsection with
26    respect to monitoring, the permit shall:

 

 

SB1823- 94 -LRB103 25618 CPF 51967 b

1            i. Incorporate and identify all applicable
2        emissions monitoring and analysis procedures or test
3        methods required under the Clean Air Act, regulations
4        promulgated thereunder, this Act, and applicable Board
5        regulations, including any procedures and methods
6        promulgated by USEPA pursuant to Section 504(b) or
7        Section 114 (a)(3) of the Clean Air Act.
8            ii. Where the applicable requirement does not
9        require periodic testing or instrumental or
10        noninstrumental monitoring (which may consist of
11        recordkeeping designed to serve as monitoring),
12        require periodic monitoring sufficient to yield
13        reliable data from the relevant time period that is
14        representative of the source's compliance with the
15        permit, as reported pursuant to paragraph (f) of this
16        subsection. The Agency may determine that
17        recordkeeping requirements are sufficient to meet the
18        requirements of this subparagraph.
19            iii. As necessary, specify requirements concerning
20        the use, maintenance, and when appropriate,
21        installation of monitoring equipment or methods.
22        e. To meet the requirements of this subsection with
23    respect to record keeping, the permit shall incorporate
24    and identify all applicable recordkeeping requirements and
25    require, where applicable, the following:
26            i. Records of required monitoring information that

 

 

SB1823- 95 -LRB103 25618 CPF 51967 b

1        include the following:
2                A. The date, place and time of sampling or
3            measurements.
4                B. The date(s) analyses were performed.
5                C. The company or entity that performed the
6            analyses.
7                D. The analytical techniques or methods used.
8                E. The results of such analyses.
9                F. The operating conditions as existing at the
10            time of sampling or measurement.
11            ii. Retention of records of all monitoring data
12        and support information for a period of at least 5
13        years from the date of the monitoring sample,
14        measurement, report, or application. Support
15        information includes all calibration and maintenance
16        records, original strip-chart recordings for
17        continuous monitoring instrumentation, and copies of
18        all reports required by the permit.
19        f. To meet the requirements of this subsection with
20    respect to reporting, the permit shall incorporate and
21    identify all applicable reporting requirements and require
22    the following:
23            i. Submittal of reports of any required monitoring
24        every 6 months. More frequent submittals may be
25        requested by the Agency if such submittals are
26        necessary to assure compliance with this Act or

 

 

SB1823- 96 -LRB103 25618 CPF 51967 b

1        regulations promulgated by the Board thereunder. All
2        instances of deviations from permit requirements must
3        be clearly identified in such reports. All required
4        reports must be certified by a responsible official
5        consistent with subsection 5 of this Section.
6            ii. Prompt reporting of deviations from permit
7        requirements, including those attributable to upset
8        conditions as defined in the permit, the probable
9        cause of such deviations, and any corrective actions
10        or preventive measures taken.
11        g. Each CAAPP permit issued under subsection 10 of
12    this Section shall include a condition prohibiting
13    emissions exceeding any allowances that the source
14    lawfully holds under Title IV of the Clean Air Act or the
15    regulations promulgated thereunder, consistent with
16    subsection 17 of this Section and applicable regulations,
17    if any.
18        h. All CAAPP permits shall state that, where another
19    applicable requirement of the Clean Air Act is more
20    stringent than any applicable requirement of regulations
21    promulgated under Title IV of the Clean Air Act, both
22    provisions shall be incorporated into the permit and shall
23    be State and federally enforceable.
24        i. Each CAAPP permit issued under subsection 10 of
25    this Section shall include a severability clause to ensure
26    the continued validity of the various permit requirements

 

 

SB1823- 97 -LRB103 25618 CPF 51967 b

1    in the event of a challenge to any portions of the permit.
2        j. The following shall apply with respect to owners or
3    operators requesting a permit shield:
4            i. The Agency shall include in a CAAPP permit,
5        when requested by an applicant pursuant to paragraph
6        (p) of subsection 5 of this Section, a provision
7        stating that compliance with the conditions of the
8        permit shall be deemed compliance with applicable
9        requirements which are applicable as of the date of
10        release of the proposed permit, provided that:
11                A. The applicable requirement is specifically
12            identified within the permit; or
13                B. The Agency in acting on the CAAPP
14            application or revision determines in writing that
15            other requirements specifically identified are not
16            applicable to the source, and the permit includes
17            that determination or a concise summary thereof.
18            ii. The permit shall identify the requirements for
19        which the source is shielded. The shield shall not
20        extend to applicable requirements which are
21        promulgated after the date of release of the proposed
22        permit unless the permit has been modified to reflect
23        such new requirements.
24            iii. A CAAPP permit which does not expressly
25        indicate the existence of a permit shield shall not
26        provide such a shield.

 

 

SB1823- 98 -LRB103 25618 CPF 51967 b

1            iv. Nothing in this paragraph or in a CAAPP permit
2        shall alter or affect the following:
3                A. The provisions of Section 303 (emergency
4            powers) of the Clean Air Act, including USEPA's
5            authority under that section.
6                B. The liability of an owner or operator of a
7            source for any violation of applicable
8            requirements prior to or at the time of permit
9            issuance.
10                C. The applicable requirements of the acid
11            rain program consistent with Section 408(a) of the
12            Clean Air Act.
13                D. The ability of USEPA to obtain information
14            from a source pursuant to Section 114
15            (inspections, monitoring, and entry) of the Clean
16            Air Act.
17        k. Each CAAPP permit shall include an emergency
18    provision providing an affirmative defense of emergency to
19    an action brought for noncompliance with technology-based
20    emission limitations under a CAAPP permit if the following
21    conditions are met through properly signed,
22    contemporaneous operating logs, or other relevant
23    evidence:
24            i. An emergency occurred and the permittee can
25        identify the cause(s) of the emergency.
26            ii. The permitted facility was at the time being

 

 

SB1823- 99 -LRB103 25618 CPF 51967 b

1        properly operated.
2            iii. The permittee submitted notice of the
3        emergency to the Agency within 2 working days after
4        the time when emission limitations were exceeded due
5        to the emergency. This notice must contain a detailed
6        description of the emergency, any steps taken to
7        mitigate emissions, and corrective actions taken.
8            iv. During the period of the emergency the
9        permittee took all reasonable steps to minimize levels
10        of emissions that exceeded the emission limitations,
11        standards, or requirements in the permit.
12        For purposes of this subsection, "emergency" means any
13    situation arising from sudden and reasonably unforeseeable
14    events beyond the control of the source, such as an act of
15    God, that requires immediate corrective action to restore
16    normal operation, and that causes the source to exceed a
17    technology-based emission limitation under the permit, due
18    to unavoidable increases in emissions attributable to the
19    emergency. An emergency shall not include noncompliance to
20    the extent caused by improperly designed equipment, lack
21    of preventative maintenance, careless or improper
22    operation, or operation error.
23        In any enforcement proceeding, the permittee seeking
24    to establish the occurrence of an emergency has the burden
25    of proof. This provision is in addition to any emergency
26    or upset provision contained in any applicable

 

 

SB1823- 100 -LRB103 25618 CPF 51967 b

1    requirement. This provision does not relieve a permittee
2    of any reporting obligations under existing federal or
3    state laws or regulations.
4        l. The Agency shall include in each permit issued
5    under subsection 10 of this Section:
6            i. Terms and conditions for reasonably anticipated
7        operating scenarios identified by the source in its
8        application. The permit terms and conditions for each
9        such operating scenario shall meet all applicable
10        requirements and the requirements of this Section.
11                A. Under this subparagraph, the source must
12            record in a log at the permitted facility a record
13            of the scenario under which it is operating
14            contemporaneously with making a change from one
15            operating scenario to another.
16                B. The permit shield described in paragraph
17            (j) of subsection 7 of this Section shall extend
18            to all terms and conditions under each such
19            operating scenario.
20            ii. Where requested by an applicant, all terms and
21        conditions allowing for trading of emissions increases
22        and decreases between different emission units at the
23        CAAPP source, to the extent that the applicable
24        requirements provide for trading of such emissions
25        increases and decreases without a case-by-case
26        approval of each emissions trade. Such terms and

 

 

SB1823- 101 -LRB103 25618 CPF 51967 b

1        conditions:
2                A. Shall include all terms required under this
3            subsection to determine compliance;
4                B. Must meet all applicable requirements;
5                C. Shall extend the permit shield described in
6            paragraph (j) of subsection 7 of this Section to
7            all terms and conditions that allow such increases
8            and decreases in emissions.
9        m. The Agency shall specifically designate as not
10    being federally enforceable under the Clean Air Act any
11    terms and conditions included in the permit that are not
12    specifically required under the Clean Air Act or federal
13    regulations promulgated thereunder. Terms or conditions so
14    designated shall be subject to all applicable State
15    requirements, except the requirements of subsection 7
16    (other than this paragraph, paragraph q of subsection 7,
17    subsections 8 through 11, and subsections 13 through 16 of
18    this Section. The Agency shall, however, include such
19    terms and conditions in the CAAPP permit issued to the
20    source.
21        n. Each CAAPP permit issued under subsection 10 of
22    this Section shall specify and reference the origin of and
23    authority for each term or condition, and identify any
24    difference in form as compared to the applicable
25    requirement upon which the term or condition is based.
26        o. Each CAAPP permit issued under subsection 10 of

 

 

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1    this Section shall include provisions stating the
2    following:
3            i. Duty to comply. The permittee must comply with
4        all terms and conditions of the CAAPP permit. Any
5        permit noncompliance constitutes a violation of the
6        Clean Air Act and the Act, and is grounds for any or
7        all of the following: enforcement action; permit
8        termination, revocation and reissuance, or
9        modification; or denial of a permit renewal
10        application.
11            ii. Need to halt or reduce activity not a defense.
12        It shall not be a defense for a permittee in an
13        enforcement action that it would have been necessary
14        to halt or reduce the permitted activity in order to
15        maintain compliance with the conditions of this
16        permit.
17            iii. Permit actions. The permit may be modified,
18        revoked, reopened, and reissued, or terminated for
19        cause in accordance with the applicable subsections of
20        Section 39.5 of this Act. The filing of a request by
21        the permittee for a permit modification, revocation
22        and reissuance, or termination, or of a notification
23        of planned changes or anticipated noncompliance does
24        not stay any permit condition.
25            iv. Property rights. The permit does not convey
26        any property rights of any sort, or any exclusive

 

 

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1        privilege.
2            v. Duty to provide information. The permittee
3        shall furnish to the Agency within a reasonable time
4        specified by the Agency any information that the
5        Agency may request in writing to determine whether
6        cause exists for modifying, revoking and reissuing, or
7        terminating the permit or to determine compliance with
8        the permit. Upon request, the permittee shall also
9        furnish to the Agency copies of records required to be
10        kept by the permit or, for information claimed to be
11        confidential, the permittee may furnish such records
12        directly to USEPA along with a claim of
13        confidentiality.
14            vi. Duty to pay fees. The permittee must pay fees
15        to the Agency consistent with the fee schedule
16        approved pursuant to subsection 18 of this Section,
17        and submit any information relevant thereto.
18            vii. Emissions trading. No permit revision shall
19        be required for increases in emissions allowed under
20        any approved economic incentives, marketable permits,
21        emissions trading, and other similar programs or
22        processes for changes that are provided for in the
23        permit and that are authorized by the applicable
24        requirement.
25        p. Each CAAPP permit issued under subsection 10 of
26    this Section shall contain the following elements with

 

 

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1    respect to compliance:
2            i. Compliance certification, testing, monitoring,
3        reporting, and record keeping requirements sufficient
4        to assure compliance with the terms and conditions of
5        the permit. Any document (including reports) required
6        by a CAAPP permit shall contain a certification by a
7        responsible official that meets the requirements of
8        subsection 5 of this Section and applicable
9        regulations.
10            ii. Inspection and entry requirements that
11        necessitate that, upon presentation of credentials and
12        other documents as may be required by law and in
13        accordance with constitutional limitations, the
14        permittee shall allow the Agency, or an authorized
15        representative to perform the following:
16                A. Enter upon the permittee's premises where a
17            CAAPP source is located or emissions-related
18            activity is conducted, or where records must be
19            kept under the conditions of the permit.
20                B. Have access to and copy, at reasonable
21            times, any records that must be kept under the
22            conditions of the permit.
23                C. Inspect at reasonable times any facilities,
24            equipment (including monitoring and air pollution
25            control equipment), practices, or operations
26            regulated or required under the permit.

 

 

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1                D. Sample or monitor any substances or
2            parameters at any location:
3                    1. As authorized by the Clean Air Act, at
4                reasonable times, for the purposes of assuring
5                compliance with the CAAPP permit or applicable
6                requirements; or
7                    2. As otherwise authorized by this Act.
8            iii. A schedule of compliance consistent with
9        subsection 5 of this Section and applicable
10        regulations.
11            iv. Progress reports consistent with an applicable
12        schedule of compliance pursuant to paragraph (d) of
13        subsection 5 of this Section and applicable
14        regulations to be submitted semiannually, or more
15        frequently if the Agency determines that such more
16        frequent submittals are necessary for compliance with
17        the Act or regulations promulgated by the Board
18        thereunder. Such progress reports shall contain the
19        following:
20                A. Required dates for achieving the
21            activities, milestones, or compliance required by
22            the schedule of compliance and dates when such
23            activities, milestones or compliance were
24            achieved.
25                B. An explanation of why any dates in the
26            schedule of compliance were not or will not be

 

 

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1            met, and any preventive or corrective measures
2            adopted.
3            v. Requirements for compliance certification with
4        terms and conditions contained in the permit,
5        including emission limitations, standards, or work
6        practices. Permits shall include each of the
7        following:
8                A. The frequency (annually or more frequently
9            as specified in any applicable requirement or by
10            the Agency pursuant to written procedures) of
11            submissions of compliance certifications.
12                B. A means for assessing or monitoring the
13            compliance of the source with its emissions
14            limitations, standards, and work practices.
15                C. A requirement that the compliance
16            certification include the following:
17                    1. The identification of each term or
18                condition contained in the permit that is the
19                basis of the certification.
20                    2. The compliance status.
21                    3. Whether compliance was continuous or
22                intermittent.
23                    4. The method(s) used for determining the
24                compliance status of the source, both
25                currently and over the reporting period
26                consistent with subsection 7 of this Section.

 

 

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1                D. A requirement that all compliance
2            certifications be submitted to the Agency.
3                E. Additional requirements as may be specified
4            pursuant to Sections 114(a)(3) and 504(b) of the
5            Clean Air Act.
6                F. Other provisions as the Agency may require.
7        q. If the owner or operator of CAAPP source can
8    demonstrate in its CAAPP application, including an
9    application for a significant modification, that an
10    alternative emission limit would be equivalent to that
11    contained in the applicable Board regulations, the Agency
12    shall include the alternative emission limit in the CAAPP
13    permit, which shall supersede the emission limit set forth
14    in the applicable Board regulations, and shall include
15    conditions that insure that the resulting emission limit
16    is quantifiable, accountable, enforceable, and based on
17    replicable procedures.
 
18    8. Public Notice; Affected State Review.
19        a. The Agency shall provide notice to the public,
20    including an opportunity for public comment and a hearing,
21    on each draft CAAPP permit for issuance, renewal or
22    significant modification, subject to Section 7.1 and
23    subsection (a) of Section 7 of this Act.
24        b. The Agency shall prepare a draft CAAPP permit and a
25    statement that sets forth the legal and factual basis for

 

 

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1    the draft CAAPP permit conditions, including references to
2    the applicable statutory or regulatory provisions. The
3    Agency shall provide this statement to any person who
4    requests it.
5        c. The Agency shall give notice of each draft CAAPP
6    permit to the applicant and to any affected State on or
7    before the time that the Agency has provided notice to the
8    public, except as otherwise provided in this Act.
9        d. The Agency, as part of its submittal of a proposed
10    permit to USEPA (or as soon as possible after the
11    submittal for minor permit modification procedures allowed
12    under subsection 14 of this Section), shall notify USEPA
13    and any affected State in writing of any refusal of the
14    Agency to accept all of the recommendations for the
15    proposed permit that an affected State submitted during
16    the public or affected State review period. The notice
17    shall include the Agency's reasons for not accepting the
18    recommendations. The Agency is not required to accept
19    recommendations that are not based on applicable
20    requirements or the requirements of this Section.
21        e. The Agency shall make available to the public any
22    CAAPP permit application, compliance plan (including the
23    schedule of compliance), CAAPP permit, and emissions or
24    compliance monitoring report. If an owner or operator of a
25    CAAPP source is required to submit information entitled to
26    protection from disclosure under Section 7.1 and

 

 

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1    subsection (a) of Section 7 of this Act, the owner or
2    operator shall submit such information separately. The
3    requirements of Section 7.1 and subsection (a) of Section
4    7 of this Act shall apply to such information, which shall
5    not be included in a CAAPP permit unless required by law.
6    The contents of a CAAPP permit shall not be entitled to
7    protection under Section 7.1 and subsection (a) of Section
8    7 of this Act.
9        f. The Agency shall have the authority to adopt
10    procedural rules, in accordance with the Illinois
11    Administrative Procedure Act, as the Agency deems
12    necessary, to implement this subsection.
13        g. If requested by the permit applicant, the Agency
14    shall provide the permit applicant with a copy of the
15    draft CAAPP permit prior to any public review period. If
16    requested by the permit applicant, the Agency shall
17    provide the permit applicant with a copy of the final
18    CAAPP permit prior to issuance of the CAAPP permit.
 
19    9. USEPA Notice and Objection.
20        a. The Agency shall provide to USEPA for its review a
21    copy of each CAAPP application (including any application
22    for permit modification), statement of basis as provided
23    in paragraph (b) of subsection 8 of this Section, proposed
24    CAAPP permit, CAAPP permit, and, if the Agency does not
25    incorporate any affected State's recommendations on a

 

 

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1    proposed CAAPP permit, a written statement of this
2    decision and its reasons for not accepting the
3    recommendations, except as otherwise provided in this Act
4    or by agreement with USEPA. To the extent practicable, the
5    preceding information shall be provided in computer
6    readable format compatible with USEPA's national database
7    management system.
8        b. The Agency shall not issue the proposed CAAPP
9    permit if USEPA objects in writing within 45 days after
10    receipt of the proposed CAAPP permit and all necessary
11    supporting information.
12        c. If USEPA objects in writing to the issuance of the
13    proposed CAAPP permit within the 45-day period, the Agency
14    shall respond in writing and may revise and resubmit the
15    proposed CAAPP permit in response to the stated objection,
16    to the extent supported by the record, within 90 days
17    after the date of the objection. Prior to submitting a
18    revised permit to USEPA, the Agency shall provide the
19    applicant and any person who participated in the public
20    comment process, pursuant to subsection 8 of this Section,
21    with a 10-day period to comment on any revision which the
22    Agency is proposing to make to the permit in response to
23    USEPA's objection in accordance with Agency procedures.
24        d. Any USEPA objection under this subsection,
25    according to the Clean Air Act, will include a statement
26    of reasons for the objection and a description of the

 

 

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1    terms and conditions that must be in the permit, in order
2    to adequately respond to the objections. Grounds for a
3    USEPA objection include the failure of the Agency to: (1)
4    submit the items and notices required under this
5    subsection; (2) submit any other information necessary to
6    adequately review the proposed CAAPP permit; or (3)
7    process the permit under subsection 8 of this Section
8    except for minor permit modifications.
9        e. If USEPA does not object in writing to issuance of a
10    permit under this subsection, any person may petition
11    USEPA within 60 days after expiration of the 45-day review
12    period to make such objection.
13        f. If the permit has not yet been issued and USEPA
14    objects to the permit as a result of a petition, the Agency
15    shall not issue the permit until USEPA's objection has
16    been resolved. The Agency shall provide a 10-day comment
17    period in accordance with paragraph c of this subsection.
18    A petition does not, however, stay the effectiveness of a
19    permit or its requirements if the permit was issued after
20    expiration of the 45-day review period and prior to a
21    USEPA objection.
22        g. If the Agency has issued a permit after expiration
23    of the 45-day review period and prior to receipt of a USEPA
24    objection under this subsection in response to a petition
25    submitted pursuant to paragraph e of this subsection, the
26    Agency may, upon receipt of an objection from USEPA,

 

 

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1    revise and resubmit the permit to USEPA pursuant to this
2    subsection after providing a 10-day comment period in
3    accordance with paragraph c of this subsection. If the
4    Agency fails to submit a revised permit in response to the
5    objection, USEPA shall modify, terminate or revoke the
6    permit. In any case, the source will not be in violation of
7    the requirement to have submitted a timely and complete
8    application.
9        h. The Agency shall have the authority to adopt
10    procedural rules, in accordance with the Illinois
11    Administrative Procedure Act, as the Agency deems
12    necessary, to implement this subsection.
 
13    10. Final Agency Action.
14        a. The Agency shall issue a CAAPP permit, permit
15    modification, or permit renewal if all of the following
16    conditions are met:
17            i. The applicant has submitted a complete and
18        certified application for a permit, permit
19        modification, or permit renewal consistent with
20        subsections 5 and 14 of this Section, as applicable,
21        and applicable regulations.
22            ii. The applicant has submitted with its complete
23        application an approvable compliance plan, including a
24        schedule for achieving compliance, consistent with
25        subsection 5 of this Section and applicable

 

 

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1        regulations.
2            iii. The applicant has timely paid the fees
3        required pursuant to subsection 18 of this Section and
4        applicable regulations.
5            iv. The Agency has received a complete CAAPP
6        application and, if necessary, has requested and
7        received additional information from the applicant
8        consistent with subsection 5 of this Section and
9        applicable regulations.
10            v. The Agency has complied with all applicable
11        provisions regarding public notice and affected State
12        review consistent with subsection 8 of this Section
13        and applicable regulations.
14            vi. The Agency has provided a copy of each CAAPP
15        application, or summary thereof, pursuant to agreement
16        with USEPA and proposed CAAPP permit required under
17        subsection 9 of this Section to USEPA, and USEPA has
18        not objected to the issuance of the permit in
19        accordance with the Clean Air Act and 40 CFR Part 70.
20        b. The Agency shall have the authority to deny a CAAPP
21    permit, permit modification, or permit renewal if the
22    applicant has not complied with the requirements of
23    subparagraphs (i) through (iv) of paragraph (a) of this
24    subsection or if USEPA objects to its issuance. Further,
25    for any of the following construction permits, the Agency
26    shall conduct an evaluation of the prospective owner's or

 

 

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1    operator's prior experience in owning and operating
2    sources of air pollution: (i) a construction permit for a
3    new source that is to be located in an environmental
4    justice community, that will require a CAAPP permit or a
5    federally enforceable State operating permit, and that
6    would be authorized under that permit to increase annual
7    permitted emissions; (ii) a construction permit for any
8    existing source that is located in an environmental
9    justice community that, on the effective date of this
10    amendatory Act of the 103rd General Assembly, possesses a
11    CAAPP permit or federally enforceable State operating
12    permit and that would be authorized under that permit to
13    increase annual permitted emissions; or (iii) a
14    construction permit for any existing source that is
15    located in an environmental justice community that would
16    require a new CAAPP permit or new federally enforceable
17    State operating permit for the first time and that would
18    be authorized under that permit to increase annual
19    permitted emissions. The Agency has the authority to deny
20    such a permit transaction if the prospective owner or
21    operator or any employee or officer of the prospective
22    owner or operator or board member or manager has a history
23    of:
24            i. repeated violations of federal, State, or local
25        laws, rules, regulations, standards, or ordinances in
26        the ownership or operation of sources of air

 

 

SB1823- 115 -LRB103 25618 CPF 51967 b

1        pollution;
2            ii. conviction in this State, another state, or
3        federal court of knowingly submitting false
4        information under any law, rule, regulation, or permit
5        term or condition regarding the environment; or
6            iii. proof of gross carelessness or incompetence
7        in the ownership or operation of a source of air
8        pollution.
9        c. i. Prior to denial of a CAAPP permit, permit
10        modification, or permit renewal under this Section,
11        the Agency shall notify the applicant of the possible
12        denial and the reasons for the denial.
13            ii. Within such notice, the Agency shall specify
14        an appropriate date by which the applicant shall
15        adequately respond to the Agency's notice. Such date
16        shall not exceed 15 days from the date the
17        notification is received by the applicant. The Agency
18        may grant a reasonable extension for good cause shown.
19            iii. Failure by the applicant to adequately
20        respond by the date specified in the notification or
21        by any granted extension date shall be grounds for
22        denial of the permit.
23            For purposes of obtaining judicial review under
24        Sections 40.2 and 41 of this Act, the Agency shall
25        provide to USEPA and each applicant, and, upon
26        request, to affected States, any person who

 

 

SB1823- 116 -LRB103 25618 CPF 51967 b

1        participated in the public comment process, and any
2        other person who could obtain judicial review under
3        Sections 40.2 and 41 of this Act, a copy of each CAAPP
4        permit or notification of denial pertaining to that
5        party.
6        d. The Agency shall have the authority to adopt
7    procedural rules, in accordance with the Illinois
8    Administrative Procedure Act, as the Agency deems
9    necessary, to implement this subsection.
 
10    11. General Permits.
11        a. The Agency may issue a general permit covering
12    numerous similar sources, except for affected sources for
13    acid deposition unless otherwise provided in regulations
14    promulgated under Title IV of the Clean Air Act.
15        b. The Agency shall identify, in any general permit,
16    criteria by which sources may qualify for the general
17    permit.
18        c. CAAPP sources that would qualify for a general
19    permit must apply for coverage under the terms of the
20    general permit or must apply for a CAAPP permit consistent
21    with subsection 5 of this Section and applicable
22    regulations.
23        d. The Agency shall comply with the public comment and
24    hearing provisions of this Section as well as the USEPA
25    and affected State review procedures prior to issuance of

 

 

SB1823- 117 -LRB103 25618 CPF 51967 b

1    a general permit.
2        e. When granting a subsequent request by a qualifying
3    CAAPP source for coverage under the terms of a general
4    permit, the Agency shall not be required to repeat the
5    public notice and comment procedures. The granting of such
6    request shall not be considered a final permit action for
7    purposes of judicial review.
8        f. The Agency may not issue a general permit to cover
9    any discrete emission unit at a CAAPP source if another
10    CAAPP permit covers emission units at the source.
11        g. The Agency shall have the authority to adopt
12    procedural rules, in accordance with the Illinois
13    Administrative Procedure Act, as the Agency deems
14    necessary, to implement this subsection.
 
15    12. Operational Flexibility.
16        a. An owner or operator of a CAAPP source may make
17    changes at the CAAPP source without requiring a prior
18    permit revision, consistent with subparagraphs (i) through
19    (iii) of paragraph (a) of this subsection, so long as the
20    changes are not modifications under any provision of Title
21    I of the Clean Air Act and they do not exceed the emissions
22    allowable under the permit (whether expressed therein as a
23    rate of emissions or in terms of total emissions),
24    provided that the owner or operator of the CAAPP source
25    provides USEPA and the Agency with written notification as

 

 

SB1823- 118 -LRB103 25618 CPF 51967 b

1    required below in advance of the proposed changes, which
2    shall be a minimum of 7 days, unless otherwise provided by
3    the Agency in applicable regulations regarding
4    emergencies. The owner or operator of a CAAPP source and
5    the Agency shall each attach such notice to their copy of
6    the relevant permit.
7            i. An owner or operator of a CAAPP source may make
8        Section 502 (b) (10) changes without a permit
9        revision, if the changes are not modifications under
10        any provision of Title I of the Clean Air Act and the
11        changes do not exceed the emissions allowable under
12        the permit (whether expressed therein as a rate of
13        emissions or in terms of total emissions).
14                A. For each such change, the written
15            notification required above shall include a brief
16            description of the change within the source, the
17            date on which the change will occur, any change in
18            emissions, and any permit term or condition that
19            is no longer applicable as a result of the change.
20                B. The permit shield described in paragraph
21            (j) of subsection 7 of this Section shall not
22            apply to any change made pursuant to this
23            subparagraph.
24            ii. An owner or operator of a CAAPP source may
25        trade increases and decreases in emissions in the
26        CAAPP source, where the applicable implementation plan

 

 

SB1823- 119 -LRB103 25618 CPF 51967 b

1        provides for such emission trades without requiring a
2        permit revision. This provision is available in those
3        cases where the permit does not already provide for
4        such emissions trading.
5                A. Under this subparagraph (ii) of paragraph
6            (a) of this subsection, the written notification
7            required above shall include such information as
8            may be required by the provision in the applicable
9            implementation plan authorizing the emissions
10            trade, including at a minimum, when the proposed
11            changes will occur, a description of each such
12            change, any change in emissions, the permit
13            requirements with which the source will comply
14            using the emissions trading provisions of the
15            applicable implementation plan, and the pollutants
16            emitted subject to the emissions trade. The notice
17            shall also refer to the provisions in the
18            applicable implementation plan with which the
19            source will comply and provide for the emissions
20            trade.
21                B. The permit shield described in paragraph
22            (j) of subsection 7 of this Section shall not
23            apply to any change made pursuant to subparagraph
24            (ii) of paragraph (a) of this subsection.
25            Compliance with the permit requirements that the
26            source will meet using the emissions trade shall

 

 

SB1823- 120 -LRB103 25618 CPF 51967 b

1            be determined according to the requirements of the
2            applicable implementation plan authorizing the
3            emissions trade.
4            iii. If requested within a CAAPP application, the
5        Agency shall issue a CAAPP permit which contains terms
6        and conditions, including all terms required under
7        subsection 7 of this Section to determine compliance,
8        allowing for the trading of emissions increases and
9        decreases at the CAAPP source solely for the purpose
10        of complying with a federally-enforceable emissions
11        cap that is established in the permit independent of
12        otherwise applicable requirements. The owner or
13        operator of a CAAPP source shall include in its CAAPP
14        application proposed replicable procedures and permit
15        terms that ensure the emissions trades are
16        quantifiable and enforceable. The permit shall also
17        require compliance with all applicable requirements.
18                A. Under this subparagraph (iii) of paragraph
19            (a), the written notification required above shall
20            state when the change will occur and shall
21            describe the changes in emissions that will result
22            and how these increases and decreases in emissions
23            will comply with the terms and conditions of the
24            permit.
25                B. The permit shield described in paragraph
26            (j) of subsection 7 of this Section shall extend

 

 

SB1823- 121 -LRB103 25618 CPF 51967 b

1            to terms and conditions that allow such increases
2            and decreases in emissions.
3        b. An owner or operator of a CAAPP source may make
4    changes that are not addressed or prohibited by the
5    permit, other than those which are subject to any
6    requirements under Title IV of the Clean Air Act or are
7    modifications under any provisions of Title I of the Clean
8    Air Act, without a permit revision, in accordance with the
9    following requirements:
10            (i) Each such change shall meet all applicable
11        requirements and shall not violate any existing permit
12        term or condition;
13            (ii) Sources must provide contemporaneous written
14        notice to the Agency and USEPA of each such change,
15        except for changes that qualify as insignificant under
16        provisions adopted by the Agency or the Board. Such
17        written notice shall describe each such change,
18        including the date, any change in emissions,
19        pollutants emitted, and any applicable requirement
20        that would apply as a result of the change;
21            (iii) The change shall not qualify for the shield
22        described in paragraph (j) of subsection 7 of this
23        Section; and
24            (iv) The permittee shall keep a record describing
25        changes made at the source that result in emissions of
26        a regulated air pollutant subject to an applicable

 

 

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1        Clean Air Act requirement, but not otherwise regulated
2        under the permit, and the emissions resulting from
3        those changes.
4        c. The Agency shall have the authority to adopt
5    procedural rules, in accordance with the Illinois
6    Administrative Procedure Act, as the Agency deems
7    necessary to implement this subsection.
 
8    13. Administrative Permit Amendments.
9        a. The Agency shall take final action on a request for
10    an administrative permit amendment within 60 days after
11    receipt of the request. Neither notice nor an opportunity
12    for public and affected State comment shall be required
13    for the Agency to incorporate such revisions, provided it
14    designates the permit revisions as having been made
15    pursuant to this subsection.
16        b. The Agency shall submit a copy of the revised
17    permit to USEPA.
18        c. For purposes of this Section the term
19    "administrative permit amendment" shall be defined as a
20    permit revision that can accomplish one or more of the
21    changes described below:
22            i. Corrects typographical errors;
23            ii. Identifies a change in the name, address, or
24        phone number of any person identified in the permit,
25        or provides a similar minor administrative change at

 

 

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1        the source;
2            iii. Requires more frequent monitoring or
3        reporting by the permittee;
4            iv. Allows for a change in ownership or
5        operational control of a source where the Agency
6        determines that no other change in the permit is
7        necessary, provided that a written agreement
8        containing a specific date for transfer of permit
9        responsibility, coverage, and liability between the
10        current and new permittees has been submitted to the
11        Agency;
12            v. Incorporates into the CAAPP permit the
13        requirements from preconstruction review permits
14        authorized under a USEPA-approved program, provided
15        the program meets procedural and compliance
16        requirements substantially equivalent to those
17        contained in this Section;
18            vi. (Blank); or
19            vii. Any other type of change which USEPA has
20        determined as part of the approved CAAPP permit
21        program to be similar to those included in this
22        subsection.
23        d. The Agency shall, upon taking final action granting
24    a request for an administrative permit amendment, allow
25    coverage by the permit shield in paragraph (j) of
26    subsection 7 of this Section for administrative permit

 

 

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1    amendments made pursuant to subparagraph (v) of paragraph
2    (c) of this subsection which meet the relevant
3    requirements for significant permit modifications.
4        e. Permit revisions and modifications, including
5    administrative amendments and automatic amendments
6    (pursuant to Sections 408(b) and 403(d) of the Clean Air
7    Act or regulations promulgated thereunder), for purposes
8    of the acid rain portion of the permit shall be governed by
9    the regulations promulgated under Title IV of the Clean
10    Air Act. Owners or operators of affected sources for acid
11    deposition shall have the flexibility to amend their
12    compliance plans as provided in the regulations
13    promulgated under Title IV of the Clean Air Act.
14        f. The CAAPP source may implement the changes
15    addressed in the request for an administrative permit
16    amendment immediately upon submittal of the request.
17        g. The Agency shall have the authority to adopt
18    procedural rules, in accordance with the Illinois
19    Administrative Procedure Act, as the Agency deems
20    necessary, to implement this subsection.
 
21    14. Permit Modifications.
22        a. Minor permit modification procedures.
23            i. The Agency shall review a permit modification
24        using the "minor permit" modification procedures only
25        for those permit modifications that:

 

 

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1                A. Do not violate any applicable requirement;
2                B. Do not involve significant changes to
3            existing monitoring, reporting, or recordkeeping
4            requirements in the permit;
5                C. Do not require a case-by-case determination
6            of an emission limitation or other standard, or a
7            source-specific determination of ambient impacts,
8            or a visibility or increment analysis;
9                D. Do not seek to establish or change a permit
10            term or condition for which there is no
11            corresponding underlying requirement and which
12            avoids an applicable requirement to which the
13            source would otherwise be subject. Such terms and
14            conditions include:
15                    1. A federally enforceable emissions cap
16                assumed to avoid classification as a
17                modification under any provision of Title I of
18                the Clean Air Act; and
19                    2. An alternative emissions limit approved
20                pursuant to regulations promulgated under
21                Section 112(i)(5) of the Clean Air Act;
22                E. Are not modifications under any provision
23            of Title I of the Clean Air Act; and
24                F. Are not required to be processed as a
25            significant modification.
26            ii. Notwithstanding subparagraph (i) of paragraph

 

 

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1        (a) and subparagraph (ii) of paragraph (b) of this
2        subsection, minor permit modification procedures may
3        be used for permit modifications involving the use of
4        economic incentives, marketable permits, emissions
5        trading, and other similar approaches, to the extent
6        that such minor permit modification procedures are
7        explicitly provided for in an applicable
8        implementation plan or in applicable requirements
9        promulgated by USEPA.
10            iii. An applicant requesting the use of minor
11        permit modification procedures shall meet the
12        requirements of subsection 5 of this Section and shall
13        include the following in its application:
14                A. A description of the change, the emissions
15            resulting from the change, and any new applicable
16            requirements that will apply if the change occurs;
17                B. The source's suggested draft permit;
18                C. Certification by a responsible official,
19            consistent with paragraph (e) of subsection 5 of
20            this Section and applicable regulations, that the
21            proposed modification meets the criteria for use
22            of minor permit modification procedures and a
23            request that such procedures be used; and
24                D. Completed forms for the Agency to use to
25            notify USEPA and affected States as required under
26            subsections 8 and 9 of this Section.

 

 

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1            iv. Within 5 working days after receipt of a
2        complete permit modification application, the Agency
3        shall notify USEPA and affected States of the
4        requested permit modification in accordance with
5        subsections 8 and 9 of this Section. The Agency
6        promptly shall send any notice required under
7        paragraph (d) of subsection 8 of this Section to
8        USEPA.
9            v. The Agency may not issue a final permit
10        modification until after the 45-day review period for
11        USEPA or until USEPA has notified the Agency that
12        USEPA will not object to the issuance of the permit
13        modification, whichever comes first, although the
14        Agency can approve the permit modification prior to
15        that time. Within 90 days after the Agency's receipt
16        of an application under the minor permit modification
17        procedures or 15 days after the end of USEPA's 45-day
18        review period under subsection 9 of this Section,
19        whichever is later, the Agency shall:
20                A. Issue the permit modification as proposed;
21                B. Deny the permit modification application;
22                C. Determine that the requested modification
23            does not meet the minor permit modification
24            criteria and should be reviewed under the
25            significant modification procedures; or
26                D. Revise the draft permit modification and

 

 

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1            transmit to USEPA the new proposed permit
2            modification as required by subsection 9 of this
3            Section.
4            vi. Any CAAPP source may make the change proposed
5        in its minor permit modification application
6        immediately after it files such application. After the
7        CAAPP source makes the change allowed by the preceding
8        sentence, and until the Agency takes any of the
9        actions specified in items (A) through (C) of
10        subparagraph (v) of paragraph (a) of this subsection,
11        the source must comply with both the applicable
12        requirements governing the change and the proposed
13        permit terms and conditions. During this time period,
14        the source need not comply with the existing permit
15        terms and conditions it seeks to modify. If the source
16        fails to comply with its proposed permit terms and
17        conditions during this time period, the existing
18        permit terms and conditions which it seeks to modify
19        may be enforced against it.
20            vii. The permit shield under paragraph (j) of
21        subsection 7 of this Section may not extend to minor
22        permit modifications.
23            viii. If a construction permit is required,
24        pursuant to subsection (a) of Section 39 of this Act
25        and regulations thereunder, for a change for which the
26        minor permit modification procedures are applicable,

 

 

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1        the source may request that the processing of the
2        construction permit application be consolidated with
3        the processing of the application for the minor permit
4        modification. In such cases, the provisions of this
5        Section, including those within subsections 5, 8, and
6        9, shall apply and the Agency shall act on such
7        applications pursuant to subparagraph (v) of paragraph
8        (a) of subsection 14 of this Section. The source may
9        make the proposed change immediately after filing its
10        application for the minor permit modification. Nothing
11        in this subparagraph shall otherwise affect the
12        requirements and procedures applicable to construction
13        permits.
14        b. Group Processing of Minor Permit Modifications.
15            i. Where requested by an applicant within its
16        application, the Agency shall process groups of a
17        source's applications for certain modifications
18        eligible for minor permit modification processing in
19        accordance with the provisions of this paragraph (b).
20            ii. Permit modifications may be processed in
21        accordance with the procedures for group processing,
22        for those modifications:
23                A. Which meet the criteria for minor permit
24            modification procedures under subparagraph (i) of
25            paragraph (a) of subsection 14 of this Section;
26            and

 

 

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1                B. That collectively are below 10 percent of
2            the emissions allowed by the permit for the
3            emissions unit for which change is requested, 20
4            percent of the applicable definition of major
5            source set forth in subsection 2 of this Section,
6            or 5 tons per year, whichever is least.
7            iii. An applicant requesting the use of group
8        processing procedures shall meet the requirements of
9        subsection 5 of this Section and shall include the
10        following in its application:
11                A. A description of the change, the emissions
12            resulting from the change, and any new applicable
13            requirements that will apply if the change occurs.
14                B. The source's suggested draft permit.
15                C. Certification by a responsible official
16            consistent with paragraph (e) of subsection 5 of
17            this Section, that the proposed modification meets
18            the criteria for use of group processing
19            procedures and a request that such procedures be
20            used.
21                D. A list of the source's other pending
22            applications awaiting group processing, and a
23            determination of whether the requested
24            modification, aggregated with these other
25            applications, equals or exceeds the threshold set
26            under item (B) of subparagraph (ii) of paragraph

 

 

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1            (b) of this subsection.
2                E. Certification, consistent with paragraph
3            (e) of subsection 5 of this Section, that the
4            source has notified USEPA of the proposed
5            modification. Such notification need only contain
6            a brief description of the requested modification.
7                F. Completed forms for the Agency to use to
8            notify USEPA and affected states as required under
9            subsections 8 and 9 of this Section.
10            iv. On a quarterly basis or within 5 business days
11        after receipt of an application demonstrating that the
12        aggregate of a source's pending applications equals or
13        exceeds the threshold level set forth within item (B)
14        of subparagraph (ii) of paragraph (b) of this
15        subsection, whichever is earlier, the Agency shall
16        promptly notify USEPA and affected States of the
17        requested permit modifications in accordance with
18        subsections 8 and 9 of this Section. The Agency shall
19        send any notice required under paragraph (d) of
20        subsection 8 of this Section to USEPA.
21            v. The provisions of subparagraph (v) of paragraph
22        (a) of this subsection shall apply to modifications
23        eligible for group processing, except that the Agency
24        shall take one of the actions specified in items (A)
25        through (D) of subparagraph (v) of paragraph (a) of
26        this subsection within 180 days after receipt of the

 

 

SB1823- 132 -LRB103 25618 CPF 51967 b

1        application or 15 days after the end of USEPA's 45-day
2        review period under subsection 9 of this Section,
3        whichever is later.
4            vi. The provisions of subparagraph (vi) of
5        paragraph (a) of this subsection shall apply to
6        modifications for group processing.
7            vii. The provisions of paragraph (j) of subsection
8        7 of this Section shall not apply to modifications
9        eligible for group processing.
10        c. Significant Permit Modifications.
11            i. Significant modification procedures shall be
12        used for applications requesting significant permit
13        modifications and for those applications that do not
14        qualify as either minor permit modifications or as
15        administrative permit amendments.
16            ii. Every significant change in existing
17        monitoring permit terms or conditions and every
18        relaxation of reporting or recordkeeping requirements
19        shall be considered significant. A modification shall
20        also be considered significant if in the judgment of
21        the Agency action on an application for modification
22        would require decisions to be made on technically
23        complex issues. Nothing herein shall be construed to
24        preclude the permittee from making changes consistent
25        with this Section that would render existing permit
26        compliance terms and conditions irrelevant.

 

 

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1            iii. Significant permit modifications must meet
2        all the requirements of this Section, including those
3        for applications (including completeness review),
4        public participation, review by affected States, and
5        review by USEPA applicable to initial permit issuance
6        and permit renewal. The Agency shall take final action
7        on significant permit modifications within 9 months
8        after receipt of a complete application.
9        d. The Agency shall have the authority to adopt
10    procedural rules, in accordance with the Illinois
11    Administrative Procedure Act, as the Agency deems
12    necessary, to implement this subsection.
 
13    15. Reopenings for Cause by the Agency.
14        a. Each issued CAAPP permit shall include provisions
15    specifying the conditions under which the permit will be
16    reopened prior to the expiration of the permit. Such
17    revisions shall be made as expeditiously as practicable. A
18    CAAPP permit shall be reopened and revised under any of
19    the following circumstances, in accordance with procedures
20    adopted by the Agency:
21            i. Additional requirements under the Clean Air Act
22        become applicable to a major CAAPP source for which 3
23        or more years remain on the original term of the
24        permit. Such a reopening shall be completed not later
25        than 18 months after the promulgation of the

 

 

SB1823- 134 -LRB103 25618 CPF 51967 b

1        applicable requirement. No such revision is required
2        if the effective date of the requirement is later than
3        the date on which the permit is due to expire.
4            ii. Additional requirements (including excess
5        emissions requirements) become applicable to an
6        affected source for acid deposition under the acid
7        rain program. Excess emissions offset plans shall be
8        deemed to be incorporated into the permit upon
9        approval by USEPA.
10            iii. The Agency or USEPA determines that the
11        permit contains a material mistake or that inaccurate
12        statements were made in establishing the emissions
13        standards, limitations, or other terms or conditions
14        of the permit.
15            iv. The Agency or USEPA determines that the permit
16        must be revised or revoked to assure compliance with
17        the applicable requirements.
18        b. In the event that the Agency determines that there
19    are grounds for revoking a CAAPP permit, for cause,
20    consistent with paragraph a of this subsection, it shall
21    file a petition before the Board setting forth the basis
22    for such revocation. In any such proceeding, the Agency
23    shall have the burden of establishing that the permit
24    should be revoked under the standards set forth in this
25    Act and the Clean Air Act. Any such proceeding shall be
26    conducted pursuant to the Board's procedures for

 

 

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1    adjudicatory hearings and the Board shall render its
2    decision within 120 days of the filing of the petition.
3    The Agency shall take final action to revoke and reissue a
4    CAAPP permit consistent with the Board's order.
5        c. Proceedings regarding a reopened CAAPP permit shall
6    follow the same procedures as apply to initial permit
7    issuance and shall affect only those parts of the permit
8    for which cause to reopen exists.
9        d. Reopenings under paragraph (a) of this subsection
10    shall not be initiated before a notice of such intent is
11    provided to the CAAPP source by the Agency at least 30 days
12    in advance of the date that the permit is to be reopened,
13    except that the Agency may provide a shorter time period
14    in the case of an emergency.
15        e. The Agency shall have the authority to adopt
16    procedural rules, in accordance with the Illinois
17    Administrative Procedure Act, as the Agency deems
18    necessary, to implement this subsection.
 
19    16. Reopenings for Cause by USEPA.
20        a. When USEPA finds that cause exists to terminate,
21    modify, or revoke and reissue a CAAPP permit pursuant to
22    subsection 15 of this Section, and thereafter notifies the
23    Agency and the permittee of such finding in writing, the
24    Agency shall forward to USEPA and the permittee a proposed
25    determination of termination, modification, or revocation

 

 

SB1823- 136 -LRB103 25618 CPF 51967 b

1    and reissuance as appropriate, in accordance with
2    paragraph (b) of this subsection. The Agency's proposed
3    determination shall be in accordance with the record, the
4    Clean Air Act, regulations promulgated thereunder, this
5    Act and regulations promulgated thereunder. Such proposed
6    determination shall not affect the permit or constitute a
7    final permit action for purposes of this Act or the
8    Administrative Review Law. The Agency shall forward to
9    USEPA such proposed determination within 90 days after
10    receipt of the notification from USEPA. If additional time
11    is necessary to submit the proposed determination, the
12    Agency shall request a 90-day extension from USEPA and
13    shall submit the proposed determination within 180 days
14    after receipt of notification from USEPA.
15            b. i. Prior to the Agency's submittal to USEPA of a
16        proposed determination to terminate or revoke and
17        reissue the permit, the Agency shall file a petition
18        before the Board setting forth USEPA's objection, the
19        permit record, the Agency's proposed determination,
20        and the justification for its proposed determination.
21        The Board shall conduct a hearing pursuant to the
22        rules prescribed by Section 32 of this Act, and the
23        burden of proof shall be on the Agency.
24            ii. After due consideration of the written and
25        oral statements, the testimony and arguments that
26        shall be submitted at hearing, the Board shall issue

 

 

SB1823- 137 -LRB103 25618 CPF 51967 b

1        and enter an interim order for the proposed
2        determination, which shall set forth all changes, if
3        any, required in the Agency's proposed determination.
4        The interim order shall comply with the requirements
5        for final orders as set forth in Section 33 of this
6        Act. Issuance of an interim order by the Board under
7        this paragraph, however, shall not affect the permit
8        status and does not constitute a final action for
9        purposes of this Act or the Administrative Review Law.
10            iii. The Board shall cause a copy of its interim
11        order to be served upon all parties to the proceeding
12        as well as upon USEPA. The Agency shall submit the
13        proposed determination to USEPA in accordance with the
14        Board's Interim Order within 180 days after receipt of
15        the notification from USEPA.
16        c. USEPA shall review the proposed determination to
17    terminate, modify, or revoke and reissue the permit within
18    90 days after receipt.
19            i. When USEPA reviews the proposed determination
20        to terminate or revoke and reissue and does not
21        object, the Board shall, within 7 days after receipt
22        of USEPA's final approval, enter the interim order as
23        a final order. The final order may be appealed as
24        provided by Title XI of this Act. The Agency shall take
25        final action in accordance with the Board's final
26        order.

 

 

SB1823- 138 -LRB103 25618 CPF 51967 b

1            ii. When USEPA reviews such proposed determination
2        to terminate or revoke and reissue and objects, the
3        Agency shall submit USEPA's objection and the Agency's
4        comments and recommendation on the objection to the
5        Board and permittee. The Board shall review its
6        interim order in response to USEPA's objection and the
7        Agency's comments and recommendation and issue a final
8        order in accordance with Sections 32 and 33 of this
9        Act. The Agency shall, within 90 days after receipt of
10        such objection, respond to USEPA's objection in
11        accordance with the Board's final order.
12            iii. When USEPA reviews such proposed
13        determination to modify and objects, the Agency shall,
14        within 90 days after receipt of the objection, resolve
15        the objection and modify the permit in accordance with
16        USEPA's objection, based upon the record, the Clean
17        Air Act, regulations promulgated thereunder, this Act,
18        and regulations promulgated thereunder.
19        d. If the Agency fails to submit the proposed
20    determination pursuant to paragraph a of this subsection
21    or fails to resolve any USEPA objection pursuant to
22    paragraph c of this subsection, USEPA will terminate,
23    modify, or revoke and reissue the permit.
24        e. The Agency shall have the authority to adopt
25    procedural rules, in accordance with the Illinois
26    Administrative Procedure Act, as the Agency deems

 

 

SB1823- 139 -LRB103 25618 CPF 51967 b

1    necessary, to implement this subsection.
 
2    17. Title IV; Acid Rain Provisions.
3        a. The Agency shall act on initial CAAPP applications
4    for affected sources for acid deposition in accordance
5    with this Section and Title V of the Clean Air Act and
6    regulations promulgated thereunder, except as modified by
7    Title IV of the Clean Air Act and regulations promulgated
8    thereunder. The Agency shall issue initial CAAPP permits
9    to the affected sources for acid deposition which shall
10    become effective no earlier than January 1, 1995, and
11    which shall terminate on December 31, 1999, in accordance
12    with this Section. Subsequent CAAPP permits issued to
13    affected sources for acid deposition shall be issued for a
14    fixed term of 5 years. Title IV of the Clean Air Act and
15    regulations promulgated thereunder, including but not
16    limited to 40 C.F.R. Part 72, as now or hereafter amended,
17    are applicable to and enforceable under this Act.
18        b. A designated representative of an affected source
19    for acid deposition shall submit a timely and complete
20    Phase II acid rain permit application and compliance plan
21    to the Agency, not later than January 1, 1996, that meets
22    the requirements of Titles IV and V of the Clean Air Act
23    and regulations. The Agency shall act on the Phase II acid
24    rain permit application and compliance plan in accordance
25    with this Section and Title V of the Clean Air Act and

 

 

SB1823- 140 -LRB103 25618 CPF 51967 b

1    regulations promulgated thereunder, except as modified by
2    Title IV of the Clean Air Act and regulations promulgated
3    thereunder. The Agency shall issue the Phase II acid rain
4    permit to an affected source for acid deposition no later
5    than December 31, 1997, which shall become effective on
6    January 1, 2000, in accordance with this Section, except
7    as modified by Title IV and regulations promulgated
8    thereunder; provided that the designated representative of
9    the source submitted a timely and complete Phase II permit
10    application and compliance plan to the Agency that meets
11    the requirements of Title IV and V of the Clean Air Act and
12    regulations.
13        c. Each Phase II acid rain permit issued in accordance
14    with this subsection shall have a fixed term of 5 years.
15    Except as provided in paragraph b above, the Agency shall
16    issue or deny a Phase II acid rain permit within 18 months
17    of receiving a complete Phase II permit application and
18    compliance plan.
19        d. A designated representative of a new unit, as
20    defined in Section 402 of the Clean Air Act, shall submit a
21    timely and complete Phase II acid rain permit application
22    and compliance plan that meets the requirements of Titles
23    IV and V of the Clean Air Act and its regulations. The
24    Agency shall act on the new unit's Phase II acid rain
25    permit application and compliance plan in accordance with
26    this Section and Title V of the Clean Air Act and its

 

 

SB1823- 141 -LRB103 25618 CPF 51967 b

1    regulations, except as modified by Title IV of the Clean
2    Air Act and its regulations. The Agency shall reopen the
3    new unit's CAAPP permit for cause to incorporate the
4    approved Phase II acid rain permit in accordance with this
5    Section. The Phase II acid rain permit for the new unit
6    shall become effective no later than the date required
7    under Title IV of the Clean Air Act and its regulations.
8        e. A designated representative of an affected source
9    for acid deposition shall submit a timely and complete
10    Title IV NOx permit application to the Agency, not later
11    than January 1, 1998, that meets the requirements of
12    Titles IV and V of the Clean Air Act and its regulations.
13    The Agency shall reopen the Phase II acid rain permit for
14    cause and incorporate the approved NOx provisions into the
15    Phase II acid rain permit not later than January 1, 1999,
16    in accordance with this Section, except as modified by
17    Title IV of the Clean Air Act and regulations promulgated
18    thereunder. Such reopening shall not affect the term of
19    the Phase II acid rain permit.
20        f. The designated representative of the affected
21    source for acid deposition shall renew the initial CAAPP
22    permit and Phase II acid rain permit in accordance with
23    this Section and Title V of the Clean Air Act and
24    regulations promulgated thereunder, except as modified by
25    Title IV of the Clean Air Act and regulations promulgated
26    thereunder.

 

 

SB1823- 142 -LRB103 25618 CPF 51967 b

1        g. In the case of an affected source for acid
2    deposition for which a complete Phase II acid rain permit
3    application and compliance plan are timely received under
4    this subsection, the complete permit application and
5    compliance plan, including amendments thereto, shall be
6    binding on the owner, operator and designated
7    representative, all affected units for acid deposition at
8    the affected source, and any other unit, as defined in
9    Section 402 of the Clean Air Act, governed by the Phase II
10    acid rain permit application and shall be enforceable as
11    an acid rain permit for purposes of Titles IV and V of the
12    Clean Air Act, from the date of submission of the acid rain
13    permit application until a Phase II acid rain permit is
14    issued or denied by the Agency.
15        h. The Agency shall not include or implement any
16    measure which would interfere with or modify the
17    requirements of Title IV of the Clean Air Act or
18    regulations promulgated thereunder.
19        i. Nothing in this Section shall be construed as
20    affecting allowances or USEPA's decision regarding an
21    excess emissions offset plan, as set forth in Title IV of
22    the Clean Air Act or regulations promulgated thereunder.
23            i. No permit revision shall be required for
24        increases in emissions that are authorized by
25        allowances acquired pursuant to the acid rain program,
26        provided that such increases do not require a permit

 

 

SB1823- 143 -LRB103 25618 CPF 51967 b

1        revision under any other applicable requirement.
2            ii. No limit shall be placed on the number of
3        allowances held by the source. The source may not,
4        however, use allowances as a defense to noncompliance
5        with any other applicable requirement.
6            iii. Any such allowance shall be accounted for
7        according to the procedures established in regulations
8        promulgated under Title IV of the Clean Air Act.
9        j. To the extent that the federal regulations
10    promulgated under Title IV, including but not limited to
11    40 C.F.R. Part 72, as now or hereafter amended, are
12    inconsistent with the federal regulations promulgated
13    under Title V, the federal regulations promulgated under
14    Title IV shall take precedence.
15        k. The USEPA may intervene as a matter of right in any
16    permit appeal involving a Phase II acid rain permit
17    provision or denial of a Phase II acid rain permit.
18        l. It is unlawful for any owner or operator to violate
19    any terms or conditions of a Phase II acid rain permit
20    issued under this subsection, to operate any affected
21    source for acid deposition except in compliance with a
22    Phase II acid rain permit issued by the Agency under this
23    subsection, or to violate any other applicable
24    requirements.
25        m. The designated representative of an affected source
26    for acid deposition shall submit to the Agency the data

 

 

SB1823- 144 -LRB103 25618 CPF 51967 b

1    and information submitted quarterly to USEPA, pursuant to
2    40 CFR 75.64, concurrently with the submission to USEPA.
3    The submission shall be in the same electronic format as
4    specified by USEPA.
5        n. The Agency shall act on any petition for exemption
6    of a new unit or retired unit, as those terms are defined
7    in Section 402 of the Clean Air Act, from the requirements
8    of the acid rain program in accordance with Title IV of the
9    Clean Air Act and its regulations.
10        o. The Agency shall have the authority to adopt
11    procedural rules, in accordance with the Illinois
12    Administrative Procedure Act, as the Agency deems
13    necessary to implement this subsection.
 
14    18. Fee Provisions.
15        a. A source subject to this Section or excluded under
16    subsection 1.1 or paragraph (c) of subsection 3 of this
17    Section, shall pay a fee as provided in this paragraph (a)
18    of subsection 18. However, a source that has been excluded
19    from the provisions of this Section under subsection 1.1
20    or under paragraph (c) of subsection 3 of this Section
21    because the source emits less than 25 tons per year of any
22    combination of regulated air pollutants, except greenhouse
23    gases, shall pay fees in accordance with paragraph (1) of
24    subsection (b) of Section 9.6.
25            i. The fee for a source allowed to emit less than

 

 

SB1823- 145 -LRB103 25618 CPF 51967 b

1        100 tons per year of any combination of regulated air
2        pollutants, except greenhouse gases, shall be $1,800
3        per year, and that fee shall increase, beginning
4        January 1, 2012, to $2,150 per year.
5            ii. The fee for a source allowed to emit 100 tons
6        or more per year of any combination of regulated air
7        pollutants, except greenhouse gases and those
8        regulated air pollutants excluded in paragraph (f) of
9        this subsection 18, shall be as follows:
10                A. The Agency shall assess a fee of $18 per
11            ton, per year for the allowable emissions of
12            regulated air pollutants subject to this
13            subparagraph (ii) of paragraph (a) of subsection
14            18, and that fee shall increase, beginning January
15            1, 2012, to $21.50 per ton, per year. These fees
16            shall be used by the Agency and the Board to fund
17            the activities required by Title V of the Clean
18            Air Act including such activities as may be
19            carried out by other State or local agencies
20            pursuant to paragraph (d) of this subsection. The
21            amount of such fee shall be based on the
22            information supplied by the applicant in its
23            complete CAAPP permit application or in the CAAPP
24            permit if the permit has been granted and shall be
25            determined by the amount of emissions that the
26            source is allowed to emit annually, provided

 

 

SB1823- 146 -LRB103 25618 CPF 51967 b

1            however, that the maximum fee for a CAAPP permit
2            under this subparagraph (ii) of paragraph (a) of
3            subsection 18 is $250,000, and increases,
4            beginning January 1, 2012, to $294,000. Beginning
5            January 1, 2012, the maximum fee under this
6            subparagraph (ii) of paragraph (a) of subsection
7            18 for a source that has been excluded under
8            subsection 1.1 of this Section or under paragraph
9            (c) of subsection 3 of this Section is $4,112. The
10            Agency shall provide as part of the permit
11            application form required under subsection 5 of
12            this Section a separate fee calculation form which
13            will allow the applicant to identify the allowable
14            emissions and calculate the fee. In no event shall
15            the Agency raise the amount of allowable emissions
16            requested by the applicant unless such increases
17            are required to demonstrate compliance with terms
18            of a CAAPP permit.
19                Notwithstanding the above, any applicant may
20            seek a change in its permit which would result in
21            increases in allowable emissions due to an
22            increase in the hours of operation or production
23            rates of an emission unit or units and such a
24            change shall be consistent with the construction
25            permit requirements of the existing State permit
26            program, under subsection (a) of Section 39 of

 

 

SB1823- 147 -LRB103 25618 CPF 51967 b

1            this Act and applicable provisions of this
2            Section. Where a construction permit is required,
3            the Agency shall expeditiously grant such
4            construction permit and shall, if necessary,
5            modify the CAAPP permit based on the same
6            application.
7                B. The applicant or permittee may pay the fee
8            annually or semiannually for those fees greater
9            than $5,000. However, any applicant paying a fee
10            equal to or greater than $100,000 shall pay the
11            full amount on July 1, for the subsequent fiscal
12            year, or pay 50% of the fee on July 1 and the
13            remaining 50% by the next January 1. The Agency
14            may change any annual billing date upon reasonable
15            notice, but shall prorate the new bill so that the
16            permittee or applicant does not pay more than its
17            required fees for the fee period for which payment
18            is made.
19        b. (Blank).
20        c. (Blank).
21        d. There is hereby created in the State Treasury a
22    special fund to be known as the Clean Air Act Permit Fund
23    (formerly known as the CAA Permit Fund). All Funds
24    collected by the Agency pursuant to this subsection shall
25    be deposited into the Fund. The General Assembly shall
26    appropriate monies from this Fund to the Agency and to the

 

 

SB1823- 148 -LRB103 25618 CPF 51967 b

1    Board to carry out their obligations under this Section.
2    The General Assembly may also authorize monies to be
3    granted by the Agency from this Fund to other State and
4    local agencies which perform duties related to the CAAPP.
5    Interest generated on the monies deposited in this Fund
6    shall be returned to the Fund.
7        e. The Agency shall have the authority to adopt
8    procedural rules, in accordance with the Illinois
9    Administrative Procedure Act, as the Agency deems
10    necessary to implement this subsection.
11        f. For purposes of this subsection, the term
12    "regulated air pollutant" shall have the meaning given to
13    it under subsection 1 of this Section but shall exclude
14    the following:
15            i. carbon monoxide;
16            ii. any Class I or II substance which is a
17        regulated air pollutant solely because it is listed
18        pursuant to Section 602 of the Clean Air Act; and
19            iii. any pollutant that is a regulated air
20        pollutant solely because it is subject to a standard
21        or regulation under Section 112(r) of the Clean Air
22        Act based on the emissions allowed in the permit
23        effective in that calendar year, at the time the
24        applicable bill is generated.
 
25    19. Air Toxics Provisions.

 

 

SB1823- 149 -LRB103 25618 CPF 51967 b

1        a. In the event that the USEPA fails to promulgate in a
2    timely manner a standard pursuant to Section 112(d) of the
3    Clean Air Act, the Agency shall have the authority to
4    issue permits, pursuant to Section 112(j) of the Clean Air
5    Act and regulations promulgated thereunder, which contain
6    emission limitations which are equivalent to the emission
7    limitations that would apply to a source if an emission
8    standard had been promulgated in a timely manner by USEPA
9    pursuant to Section 112(d). Provided, however, that the
10    owner or operator of a source shall have the opportunity
11    to submit to the Agency a proposed emission limitation
12    which it determines to be equivalent to the emission
13    limitations that would apply to such source if an emission
14    standard had been promulgated in a timely manner by USEPA.
15    If the Agency refuses to include the emission limitation
16    proposed by the owner or operator in a CAAPP permit, the
17    owner or operator may petition the Board to establish
18    whether the emission limitation proposal submitted by the
19    owner or operator provides for emission limitations which
20    are equivalent to the emission limitations that would
21    apply to the source if the emission standard had been
22    promulgated by USEPA in a timely manner. The Board shall
23    determine whether the emission limitation proposed by the
24    owner or operator or an alternative emission limitation
25    proposed by the Agency provides for the level of control
26    required under Section 112 of the Clean Air Act, or shall

 

 

SB1823- 150 -LRB103 25618 CPF 51967 b

1    otherwise establish an appropriate emission limitation,
2    pursuant to Section 112 of the Clean Air Act.
3        b. Any Board proceeding brought under paragraph (a) or
4    (e) of this subsection shall be conducted according to the
5    Board's procedures for adjudicatory hearings and the Board
6    shall render its decision within 120 days of the filing of
7    the petition. Any such decision shall be subject to review
8    pursuant to Section 41 of this Act. Where USEPA
9    promulgates an applicable emission standard prior to the
10    issuance of the CAAPP permit, the Agency shall include in
11    the permit the promulgated standard, provided that the
12    source shall have the compliance period provided under
13    Section 112(i) of the Clean Air Act. Where USEPA
14    promulgates an applicable standard subsequent to the
15    issuance of the CAAPP permit, the Agency shall revise such
16    permit upon the next renewal to reflect the promulgated
17    standard, providing a reasonable time for the applicable
18    source to comply with the standard, but no longer than 8
19    years after the date on which the source is first required
20    to comply with the emissions limitation established under
21    this subsection.
22        c. The Agency shall have the authority to implement
23    and enforce complete or partial emission standards
24    promulgated by USEPA pursuant to Section 112(d), and
25    standards promulgated by USEPA pursuant to Sections
26    112(f), 112(h), 112(m), and 112(n), and may accept

 

 

SB1823- 151 -LRB103 25618 CPF 51967 b

1    delegation of authority from USEPA to implement and
2    enforce Section 112(l) and requirements for the prevention
3    and detection of accidental releases pursuant to Section
4    112(r) of the Clean Air Act.
5        d. The Agency shall have the authority to issue
6    permits pursuant to Section 112(i)(5) of the Clean Air
7    Act.
8        e. The Agency has the authority to implement Section
9    112(g) of the Clean Air Act consistent with the Clean Air
10    Act and federal regulations promulgated thereunder. If the
11    Agency refuses to include the emission limitations
12    proposed in an application submitted by an owner or
13    operator for a case-by-case maximum achievable control
14    technology (MACT) determination, the owner or operator may
15    petition the Board to determine whether the emission
16    limitation proposed by the owner or operator or an
17    alternative emission limitation proposed by the Agency
18    provides for a level of control required by Section 112 of
19    the Clean Air Act, or to otherwise establish an
20    appropriate emission limitation under Section 112 of the
21    Clean Air Act.
 
22    20. Small Business.
23        a. For purposes of this subsection:
24        "Program" is the Small Business Stationary Source
25    Technical and Environmental Compliance Assistance Program

 

 

SB1823- 152 -LRB103 25618 CPF 51967 b

1    created within this State pursuant to Section 507 of the
2    Clean Air Act and guidance promulgated thereunder, to
3    provide technical assistance and compliance information to
4    small business stationary sources;
5        "Small Business Assistance Program" is a component of
6    the Program responsible for providing sufficient
7    communications with small businesses through the
8    collection and dissemination of information to small
9    business stationary sources; and
10        "Small Business Stationary Source" means a stationary
11    source that:
12            1. is owned or operated by a person that employs
13        100 or fewer individuals;
14            2. is a small business concern as defined in the
15        "Small Business Act";
16            3. is not a major source as that term is defined in
17        subsection 2 of this Section;
18            4. does not emit 50 tons or more per year of any
19        regulated air pollutant, except greenhouse gases; and
20            5. emits less than 75 tons per year of all
21        regulated pollutants, except greenhouse gases.
22        b. The Agency shall adopt and submit to USEPA, after
23    reasonable notice and opportunity for public comment, as a
24    revision to the Illinois state implementation plan, plans
25    for establishing the Program.
26        c. The Agency shall have the authority to enter into

 

 

SB1823- 153 -LRB103 25618 CPF 51967 b

1    such contracts and agreements as the Agency deems
2    necessary to carry out the purposes of this subsection.
3        d. The Agency may establish such procedures as it may
4    deem necessary for the purposes of implementing and
5    executing its responsibilities under this subsection.
6        e. There shall be appointed a Small Business Ombudsman
7    (hereinafter in this subsection referred to as
8    "Ombudsman") to monitor the Small Business Assistance
9    Program. The Ombudsman shall be a nonpartisan designated
10    official, with the ability to independently assess whether
11    the goals of the Program are being met.
12        f. The State Ombudsman Office shall be located in an
13    existing Ombudsman office within the State or in any State
14    Department.
15        g. There is hereby created a State Compliance Advisory
16    Panel (hereinafter in this subsection referred to as
17    "Panel") for determining the overall effectiveness of the
18    Small Business Assistance Program within this State.
19        h. The selection of Panel members shall be by the
20    following method:
21            1. The Governor shall select two members who are
22        not owners or representatives of owners of small
23        business stationary sources to represent the general
24        public;
25            2. The Director of the Agency shall select one
26        member to represent the Agency; and

 

 

SB1823- 154 -LRB103 25618 CPF 51967 b

1            3. The State Legislature shall select four members
2        who are owners or representatives of owners of small
3        business stationary sources. Both the majority and
4        minority leadership in both Houses of the Legislature
5        shall appoint one member of the panel.
6        i. Panel members should serve without compensation but
7    will receive full reimbursement for expenses including
8    travel and per diem as authorized within this State.
9        j. The Panel shall select its own Chair by a majority
10    vote. The Chair may meet and consult with the Ombudsman
11    and the head of the Small Business Assistance Program in
12    planning the activities for the Panel.
 
13    21. Temporary Sources.
14        a. The Agency may issue a single permit authorizing
15    emissions from similar operations by the same source owner
16    or operator at multiple temporary locations, except for
17    sources which are affected sources for acid deposition
18    under Title IV of the Clean Air Act.
19        b. The applicant must demonstrate that the operation
20    is temporary and will involve at least one change of
21    location during the term of the permit.
22        c. Any such permit shall meet all applicable
23    requirements of this Section and applicable regulations,
24    and include conditions assuring compliance with all
25    applicable requirements at all authorized locations and

 

 

SB1823- 155 -LRB103 25618 CPF 51967 b

1    requirements that the owner or operator notify the Agency
2    at least 10 days in advance of each change in location.
 
3    22. Solid Waste Incineration Units.
4        a. A CAAPP permit for a solid waste incineration unit
5    combusting municipal waste subject to standards
6    promulgated under Section 129(e) of the Clean Air Act
7    shall be issued for a period of 12 years and shall be
8    reviewed every 5 years, unless the Agency requires more
9    frequent review through Agency procedures.
10        b. During the review in paragraph (a) of this
11    subsection, the Agency shall fully review the previously
12    submitted CAAPP permit application and corresponding
13    reports subsequently submitted to determine whether the
14    source is in compliance with all applicable requirements.
15        c. If the Agency determines that the source is not in
16    compliance with all applicable requirements it shall
17    revise the CAAPP permit as appropriate.
18        d. The Agency shall have the authority to adopt
19    procedural rules, in accordance with the Illinois
20    Administrative Procedure Act, as the Agency deems
21    necessary, to implement this subsection.
22(Source: P.A. 99-380, eff. 8-17-15; 99-933, eff. 1-27-17;
23100-103, eff. 8-11-17.)
 
24    (415 ILCS 5/39.15 new)

 

 

SB1823- 156 -LRB103 25618 CPF 51967 b

1    Sec. 39.15. Environmental justice considerations in
2permitting.
3    (a) The following public participation requirements for
4permitting transactions in an environmental justice community
5must be complied with:
6        (1) If an application for a permit, permit renewal, or
7    permit modification is subject to public notice and
8    comment requirements under this Act, rules adopted by the
9    Board, or rules adopted by the Agency, and the application
10    is for a facility or source in an environmental justice
11    community, the Agency must comply with existing applicable
12    requirements for public notice.
13        (2) In addition to the public notice requirements
14    referenced in paragraph (1), the Agency shall provide the
15    public with notice of an application for a permit, permit
16    renewal, or permit modification if the facility or
17    proposed facility is located or is to be located in an
18    environmental justice community for the following types of
19    permitting transactions: (i) permits for pollution control
20    facilities subject to local siting review under Section
21    39.2; and (ii) individual minor or major NPDES permits
22    issued under subsection (b) of Section 39.
23        The public notice shall be provided: (i) by prominent
24    placement at a dedicated page on the Agency's website;
25    (ii) to local elected officials in the area where the
26    facility or proposed facility is located or is to be

 

 

SB1823- 157 -LRB103 25618 CPF 51967 b

1    located, including the mayor or president, clerk, county
2    board chairman, county clerk, and State's Attorney; and
3    (iii) to members of the General Assembly from the
4    legislative district in which the facility or proposed
5    facility is located or is to be located.
6        The public notice shall include: (i) the name and
7    address of the permit applicant and the facility or
8    proposed facility; and (ii) the activity or activities at
9    the facility or proposed facility being permitted.
10    (b) If the population of individuals who reside within one
11mile of the site or facility includes individuals within a
12linguistically isolated community, then the Agency must also
13provide:
14        (1) all public notices required by this Section in a
15    multilingual format appropriate to the needs of the
16    linguistically isolated community; and
17        (2) oral and written translation services at public
18    hearings.
19    (c) For permit applications for facilities in an
20environmental justice community, the Director of the Agency
21may grant extensions of any permitting deadlines established
22in this Act by up to an additional 180 days to allow for
23additional review of the permit application by the Agency or
24additional public participation. Any exercise of this
25authority shall be provided in writing to the permit applicant
26with the specific reason and new permitting deadline.
 

 

 

SB1823- 158 -LRB103 25618 CPF 51967 b

1    (415 ILCS 5/40)  (from Ch. 111 1/2, par. 1040)
2    Sec. 40. Appeal of permit denial.
3    (a)(1) If the Agency refuses to grant or grants with
4conditions a permit under Section 39 of this Act, the
5applicant may, within 35 days after the date on which the
6Agency served its decision on the applicant, petition for a
7hearing before the Board to contest the decision of the
8Agency. However, the 35-day period for petitioning for a
9hearing may be extended for an additional period of time not to
10exceed 90 days by written notice provided to the Board from the
11applicant and the Agency within the initial appeal period. The
12Board shall give 21 days' notice to any person in the county
13where is located the facility in issue who has requested
14notice of enforcement proceedings and to each member of the
15General Assembly in whose legislative district that
16installation or property is located; and shall publish that
1721-day notice in a newspaper of general circulation in that
18county. The Agency shall appear as respondent in such hearing.
19At such hearing the rules prescribed in Section 32 and
20subsection (a) of Section 33 of this Act shall apply, and the
21burden of proof shall be on the petitioner. If, however, the
22Agency issues an NPDES permit that imposes limits which are
23based upon a criterion or denies a permit based upon
24application of a criterion, then the Agency shall have the
25burden of going forward with the basis for the derivation of

 

 

SB1823- 159 -LRB103 25618 CPF 51967 b

1those limits or criterion which were derived under the Board's
2rules.
3    (2) Except as provided in paragraph (a)(3), if there is no
4final action by the Board within 120 days after the date on
5which it received the petition, the petitioner may deem the
6permit issued under this Act, provided, however, that that
7period of 120 days shall not run for any period of time, not to
8exceed 30 days, during which the Board is without sufficient
9membership to constitute the quorum required by subsection (a)
10of Section 5 of this Act, and provided further that such 120
11day period shall not be stayed for lack of quorum beyond 30
12days regardless of whether the lack of quorum exists at the
13beginning of such 120-day period or occurs during the running
14of such 120-day period.
15    (3) Paragraph (a)(2) shall not apply to any permit which
16is subject to subsection (b), (d) or (e) of Section 39. If
17there is no final action by the Board within 120 days after the
18date on which it received the petition, the petitioner shall
19be entitled to an Appellate Court order pursuant to subsection
20(d) of Section 41 of this Act.
21    (b) If the Agency grants a RCRA permit for a hazardous
22waste disposal site, a third party, other than the permit
23applicant or Agency, may, within 35 days after the date on
24which the Agency issued its decision, petition the Board for a
25hearing to contest the issuance of the permit. Unless the
26Board determines that such petition is duplicative or

 

 

SB1823- 160 -LRB103 25618 CPF 51967 b

1frivolous, or that the petitioner is so located as to not be
2affected by the permitted facility, the Board shall hear the
3petition in accordance with the terms of subsection (a) of
4this Section and its procedural rules governing denial
5appeals, such hearing to be based exclusively on the record
6before the Agency. The burden of proof shall be on the
7petitioner. The Agency and the permit applicant shall be named
8co-respondents.
9    The provisions of this subsection do not apply to the
10granting of permits issued for the disposal or utilization of
11sludge from publicly owned sewage works.
12    (c) Any party to an Agency proceeding conducted pursuant
13to Section 39.3 of this Act may petition as of right to the
14Board for review of the Agency's decision within 35 days from
15the date of issuance of the Agency's decision, provided that
16such appeal is not duplicative or frivolous. However, the
1735-day period for petitioning for a hearing may be extended by
18the applicant for a period of time not to exceed 90 days by
19written notice provided to the Board from the applicant and
20the Agency within the initial appeal period. If another person
21with standing to appeal wishes to obtain an extension, there
22must be a written notice provided to the Board by that person,
23the Agency, and the applicant, within the initial appeal
24period. The decision of the Board shall be based exclusively
25on the record compiled in the Agency proceeding. In other
26respects the Board's review shall be conducted in accordance

 

 

SB1823- 161 -LRB103 25618 CPF 51967 b

1with subsection (a) of this Section and the Board's procedural
2rules governing permit denial appeals.
3    (d) In reviewing the denial or any condition of a NA NSR
4permit issued by the Agency pursuant to rules and regulations
5adopted under subsection (c) of Section 9.1 of this Act, the
6decision of the Board shall be based exclusively on the record
7before the Agency including the record of the hearing, if any,
8unless the parties agree to supplement the record. The Board
9shall, if it finds the Agency is in error, make a final
10determination as to the substantive limitations of the permit
11including a final determination of Lowest Achievable Emission
12Rate.
13    (e)(1) If the Agency grants or denies a permit under
14subsection (b) of Section 39 of this Act, a third party, other
15than the permit applicant or Agency, may petition the Board
16within 35 days from the date of issuance of the Agency's
17decision, for a hearing to contest the decision of the Agency.
18    (2) A petitioner shall include the following within a
19petition submitted under subdivision (1) of this subsection:
20        (A) a demonstration that the petitioner raised the
21    issues contained within the petition during the public
22    notice period or during the public hearing on the NPDES
23    permit application, if a public hearing was held; and
24        (B) a demonstration that the petitioner is so situated
25    as to be affected by the permitted facility.
26    (3) If the Board determines that the petition is not

 

 

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1duplicative or frivolous and contains a satisfactory
2demonstration under subdivision (2) of this subsection, the
3Board shall hear the petition (i) in accordance with the terms
4of subsection (a) of this Section and its procedural rules
5governing permit denial appeals and (ii) exclusively on the
6basis of the record before the Agency. The burden of proof
7shall be on the petitioner. The Agency and permit applicant
8shall be named co-respondents.
9    (f) Any person who files a petition to contest the
10issuance of a permit by the Agency shall pay a filing fee.
11    (g) If the Agency grants or denies a permit under
12subsection (y) of Section 39, a third party, other than the
13permit applicant or Agency, may appeal the Agency's decision
14as provided under federal law for CCR surface impoundment
15permits.
16    (h) If the Agency grants a permit to construct, modify, or
17operate a facility that emits air pollutants and is classified
18as a minor source, a third party, other than the permit
19applicant or Agency, may, within 35 days after the date on
20which the Agency issued its decision, petition the Board for a
21hearing to contest the issuance of the permit. Unless the
22Board determines that the petition is duplicative or frivolous
23or that the petitioner is so located as to not be affected by
24the permitted facility, the Board shall hear the petition in
25accordance with the terms of subsection (a) of this Section
26and its procedural rules governing denial appeals. The hearing

 

 

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1shall be based exclusively on the record before the Agency.
2The burden of proof shall be on the petitioner. The Agency and
3the permit applicant shall be named co-respondents.
4(Source: P.A. 101-171, eff. 7-30-19; 102-558, eff. 8-20-21.)
 
5    (415 ILCS 5/40.4 new)
6    Sec. 40.4. Environmental justice grievance.
7    (a) An environmental justice grievance process, subject to
8the provisions of this Section, applies to complaints alleging
9violations of Section 601 of the federal Civil Rights Act of
101964.
11    (b) An environmental justice grievance must allege
12discrimination on the basis of an individual's actual or
13perceived race, color, religion, national origin, citizenship,
14ancestry, age, sex, marital status, order of protection
15status, conviction record, arrest record, disability, military
16status, sexual orientation, gender identity, gender
17expression, pregnancy, or unfavorable discharge from military
18service.
19    (c) To initiate the environmental justice grievance
20process a person must file a complaint with the Agency within
2160 days after an alleged violation. The Agency, in its
22discretion, may waive the 60-day deadline for good cause. The
23complaint must:
24        (1) be in writing;
25        (2) describe with specificity the discrimination

 

 

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1    alleged; and
2        (3) identify the parties impacted by the alleged
3    discrimination.
4    (d) The complaint under subsection (c) must be addressed
5as follows:
6        Illinois Environmental Protection Agency
7        Environmental Justice Officer
8        1021 North Grand Avenue East
9        P.O. Box 19276
10        Springfield, IL 62794
11    (e) Within 10 days after receiving the complaint filed
12under subsection (c), the Agency shall provide written notice
13of receipt and acceptance of the complaint. If the Agency
14determines that it has jurisdiction to review the complaint,
15the complaint will be considered meritorious, unless:
16        (1) the complaint clearly appears on its face to be
17    frivolous or trivial;
18        (2) the complaint is not timely and good cause does
19    not exist to waive timeliness;
20        (3) the Agency, within the time allotted to
21    investigate the complaint, voluntarily concedes
22    noncompliance and agrees to take appropriate remedial
23    action or agrees to an informal resolution of the
24    complaint; or
25        (4) the complainant, within the time allotted for the
26    complaint to be investigated, withdraws the complaint.

 

 

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1    (f) Within 120 days after the date it provides written
2notice of receipt and acceptance of the complaint under
3subsection (e), the Agency shall make a determination of
4jurisdiction and the merits of the complaint, conduct an
5investigation, and provide a proposed resolution, if
6appropriate, to the extent practicable and allowable under
7existing laws and regulations.
8    (g) The Agency may propose, and the Board may adopt, rules
9for the implementation and administration of this Section.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    415 ILCS 5/3.178 new
4    415 ILCS 5/3.186 new
5    415 ILCS 5/3.187 new
6    415 ILCS 5/3.188 new
7    415 ILCS 5/3.189 new
8    415 ILCS 5/3.281 new
9    415 ILCS 5/9.12
10    415 ILCS 5/34.5 new
11    415 ILCS 5/39from Ch. 111 1/2, par. 1039
12    415 ILCS 5/39.2from Ch. 111 1/2, par. 1039.2
13    415 ILCS 5/39.5from Ch. 111 1/2, par. 1039.5
14    415 ILCS 5/39.15 new
15    415 ILCS 5/40from Ch. 111 1/2, par. 1040
16    415 ILCS 5/40.4 new