HB5095 93RD GENERAL ASSEMBLY

LRB093 18652 BDD 44379 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5095

Introduced 02/05/04, by James H. Meyer

SYNOPSIS AS INTRODUCED:

415 ILCS 5/9.6	from Ch. 111 1/2, par. 1009.6
415 ILCS 5/9.12
415 ILCS 5/12.2	from Ch. 111 1/2, par. 1012.2
415 ILCS 5/12.5
415 ILCS 5/16.1	from Ch. 111 1/2, par. 1016.1
415 ILCS 5/22.8	from Ch. 111 1/2, par. 1022.8
415 ILCS 5/22.15	from Ch. 111 1/2, par. 1022.15
415 ILCS 5/22.44
415 ILCS 5/39.5	from Ch. 111 1/2, par. 1039.5
415 ILCS 5/12.6 rep.
30 ILCS 105/5.625 new

Amends the Environmental Protection Act. Reduces the amounts various fees to be collected by the Environmental Protection Agency. Sets forth new procedures for the collection of NPDES fees and requires that all moneys collected from the fees be deposited into the Illinois Clean Water Fund. Repeals Sections concerning air pollution operating permit fees and fees for water quality certification. Amends the State Finance Act to create the Illinois Clean Water Fund. Effective immediately.

A BILL FOR

AN ACT concerning environmental protection.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

4		Section 5. The Environmental Protection Act is amended by
5		changing Sections 9.6, 9.12, 12.2, 12.5, 16.1, 22.8, 22.15,
6		22.44, and 39.5 as follows:
7		(415 ILCS 5/9.6) (from Ch. 111 1/2, par. 1009.6)
8		Sec. 9.6. Air pollution operating permit fee.
9		(a) For any site for which an air pollution operating
10		permit is required, other than a site permitted solely as a
11		retail liquid dispensing facility that has air pollution
12		control equipment or an agrichemical facility with an endorsed
13		permit pursuant to Section 39.4, the owner or operator of that
14		site shall pay an initial annual fee to the Agency within 30
15		days of receipt of the permit and an annual fee each year
16		thereafter for as long as a permit is in effect. The owner or
17		operator of a portable emission unit, as defined in 35 Ill.
18		Adm. Code 201.170, may change the site of any unit previously
19		permitted without paying an additional fee under this Section
20		for each site change, provided that no further change to the
21		permit is otherwise necessary or requested.
22		(b) Notwithstanding any rules to the contrary, the
23		following fee amounts shall apply:
24		(1) The fee for a site permitted to emit less than 25
25		tons per year of any combination of regulated air
26		pollutants, as defined in Section 39.5 of this Act, is $100
27		per year beginning July 1, 1993, and increases to $200 per
28		year beginning on July 1, 2003 through June 30, 2004, and
29		decreases to $125 per year beginning on July 1, 2004,
30		except as provided in subsection (c) of this Section.
31		(2) The fee for a site permitted to emit at least 25
32		tons per year but less than 100 tons per year of any

1		combination of regulated air pollutants, as defined in
2		Section 39.5 of this Act, is $1,000 per year beginning July
3		1, 1993, and increases to $1,800 per year beginning on July
4		1, 2003 through June 30, 2004, and decreases to $1,250 per
5		year beginning on July 1, 2004, except as provided in
6		subsection (c) of this Section.
7		(3) The fee for a site permitted to emit at least 100
8		tons per year of any combination of regulated air
9		pollutants is $2,500 per year beginning July 1, 1993, and
10		increases to $3,500 per year beginning on July 1, 2003
11		through June 30, 2004, and decreases to $3,125 per year
12		beginning on July 1, 2004, except as provided in subsection
13		(c) of this Section; provided, however, that the fee shall
14		not exceed the amount that would be required for the site
15		if it were subject to the fee requirements of Section 39.5
16		of this Act.
17		(c) The owner or operator of any source subject to
18		paragraphs (b)(1), (b)(2), or (b)(3) of this Section that
19		becomes subject to Section 39.5 of this Act shall continue to
20		pay the fee set forth in this Section until the source becomes
21		subject to the fee set forth within subsection 18 of Section
22		39.5 of this Act. In the event a site has paid a fee under this
23		Section during the 12 month period following the effective date
24		of the CAAPP for that site, the fee amount shall be deducted
25		from any amount due under subsection 18 of Section 39.5 of this
26		Act. Owners or operators that are subject to paragraph (b)(1),
27		(b)(2), or (b)(3) of this Section, but that are not also
28		subject to Section 39.5, or excluded pursuant to subsection 1.1
29		or subsection 3(c) of Section 39.5 shall continue to pay the
30		fee amounts set forth within paragraphs (b)(1), (b)(2), or
31		(b)(3), whichever is applicable.
32		(d) Only one air pollution site fee may be collected from
33		any site, even if such site receives more than one air
34		pollution control permit.
35		(e) The Agency shall establish procedures for the
36		collection of air pollution site fees. Air pollution site fees

1		may be paid annually, or in advance for the number of years for
2		which the permit is issued, at the option of the owner or
3		operator. Payment in advance does not exempt the owner or
4		operator from paying any increase in the fee that may occur
5		during the term of the permit; the owner or operator must pay
6		the amount of the increase upon and from the effective date of
7		the increase.
8		(f) The Agency may deny an application for the issuance,
9		transfer, or renewal of an air pollution operating permit if
10		any air pollution site fee owed by the applicant has not been
11		paid within 60 days of the due date, unless the applicant, at
12		the time of application, pays to the Agency in advance the air
13		pollution site fee for the site that is the subject of the
14		operating permit, plus any other air pollution site fees then
15		owed by the applicant. The denial of an air pollution operating
16		permit for failure to pay an air pollution site fee shall be
17		subject to review by the Board pursuant to the provisions of
18		subsection (a) of Section 40 of this Act.
19		(g) If the Agency determines that an owner or operator of a
20		site was required, but failed, to timely obtain an air
21		pollution operating permit, and as a result avoided the payment
22		of permit fees, the Agency may collect the avoided permit fees
23		with or without pursuing enforcement under Section 31 of this
24		Act. The avoided permit fees shall be calculated as double the
25		amount that would have been owed had a permit been timely
26		obtained. Fees collected pursuant to this subsection (g) shall
27		be deposited into the Environmental Protection Permit and
28		Inspection Fund.
29		(h) If the Agency determines that an owner or operator of a
30		site was required, but failed, to timely obtain an air
31		pollution operating permit and as a result avoided the payment
32		of permit fees, an enforcement action may be brought under
33		Section 31 of this Act. In addition to any other relief that
34		may be obtained as part of this action, the Agency may seek to
35		recover the avoided permit fees. The avoided permit fees shall
36		be calculated as double the amount that would have been owed

1		had a permit been timely obtained. Fees collected pursuant to
2		this subsection (h) shall be deposited into the Environmental
3		Protection Permit and Inspection Fund.
4		(i) If a permittee subject to a fee under this Section
5		fails to pay the fee within 90 days of its due date, or makes
6		the fee payment from an account with insufficient funds to
7		cover the amount of the fee payment, the Agency shall notify
8		the permittee of the failure to pay the fee. If the permittee
9		fails to pay the fee within 60 days after such notification,
10		the Agency may, by written notice, immediately revoke the air
11		pollution operating permit. Failure of the Agency to notify the
12		permittee of failure to pay a fee due under this Section, or
13		the payment of the fee from an account with insufficient funds
14		to cover the amount of the fee payment, does not excuse or
15		alter the duty of the permittee to comply with the provisions
16		of this Section.
17		(Source: P.A. 93-32, eff. 7-1-03.)
18		(415 ILCS 5/9.12)
19		Sec. 9.12. Construction permit fees for air pollution
20		sources.
21		(a) An applicant for a new or revised air pollution
22		construction permit shall pay a fee, as established in this
23		Section, to the Agency at the time that he or she submits the
24		application for a construction permit. Except as set forth
25		below, the fee for each activity or category listed in this
26		Section is separate and is cumulative with any other applicable
27		fee listed in this Section.
28		(b) Notwithstanding any provision of law to the contrary,
29		the following fee amounts apply:
30		(1) The fee for an air construction permit at a site
31		which is subject to regulation under Sections 165 or 173 of
32		the Clean Air Act, as now or hereafter amended, and which
33		has a valid operating permit is $2,500.
34		(2) The fee for an air construction permit at a site
35		which seeks a construction permit containing conditions

1		such that the facility would avoid being subject to
2		regulation under Sections 165 or 173 of the Clean Air Act,
3		as now or hereafter amended, and which has a valid
4		operating permit is $1,000.
5		(3) The fee for an air construction permit at any site
6		which does not at the time of application for such
7		construction permit, or within one year after such time
8		obtain and pay the fee for an operating permit, shall be
9		the same as that fee which would be required under Sections
10		9.6(b)(1) or (b)(2) or section 39.5 as applicable. The fee
11		amounts in this subsection (b) apply to construction permit
12		applications relating to (i) a source subject to Section
13		39.5 of this Act (the Clean Air Act Permit Program); (ii) a
14		source that, upon issuance of the requested construction
15		permit, will become a major source subject to Section 39.5;
16		or (iii) a source that has or will require a federally
17		enforceable State operating permit limiting its potential
18		to emit.
19		(1) Base fees for each construction permit application
20		shall be assessed as follows:
21		(A) If the construction permit application relates
22		to one or more new emission units or to a combination
23		of new and modified emission units, a fee of $4,000 for
24		the first new emission unit and a fee of $1,000 for
25		each additional new or modified emission unit;
26		provided that the total base fee under this subdivision
27		(A) shall not exceed $10,000.
28		(B) If the construction permit application relates
29		to one or more modified emission units but not to any
30		new emission unit, a fee of $2,000 for the first
31		modified emission unit and a fee of $1,000 for each
32		additional modified emission unit; provided that the
33		total base fee under this subdivision (B) shall not
34		exceed $5,000.
35		(2) Supplemental fees for each construction permit
36		application shall be assessed as follows:

1		(A) If, based on the construction permit
2		application, the source will be, but is not currently,
3		subject to Section 39.5 of this Act, a CAAPP entry fee
4		of $5,000.
5		(B) If the construction permit application
6		involves (i) a new source or emission unit subject to
7		Section 39.2 of this Act, (ii) a commercial incinerator
8		or other municipal waste, hazardous waste, or waste
9		tire incinerator, (iii) a commercial power generator,
10		or (iv) one or more other emission units designated as
11		a complex source by Agency rulemaking, a fee of
12		$25,000.
13		(C) If the construction permit application
14		involves an emissions netting exercise or reliance on a
15		contemporaneous emissions decrease for a pollutant to
16		avoid application of the federal PSD program (40 CFR
17		52.21) or nonattainment new source review (35 Ill. Adm.
18		Code 203), a fee of $3,000 for each such pollutant.
19		(D) If the construction permit application is for a
20		new major source subject to the federal PSD program, a
21		fee of $12,000.
22		(E) If the construction permit application is for a
23		new major source subject to nonattainment new source
24		review, a fee of $20,000.
25		(F) If the construction permit application is for a
26		major modification subject to the federal PSD program,
27		a fee of $6,000.
28		(G) If the construction permit application is for a
29		major modification subject to nonattainment new source
30		review, a fee of $12,000.
31		(H) If the construction permit application review
32		involves a determination of whether an emission unit
33		has Clean Unit Status and is therefore not subject to
34		the Best Available Control Technology (BACT) or Lowest
35		Achievable Emission Rate (LAER) under the federal PSD
36		program or nonattainment new source review, a fee of

1		$5,000 per unit for which a determination is requested
2		or otherwise required.
3		(I) If the construction permit application review
4		involves a determination of the Maximum Achievable
5		Control Technology standard for a pollutant and the
6		project is not otherwise subject to BACT or LAER for a
7		related pollutant under the federal PSD program or
8		nonattainment new source review, a fee of $5,000 per
9		unit for which a determination is requested or
10		otherwise required.
11		(J) If the applicant is requesting a construction
12		permit that will alter the source's status so that it
13		is no longer a major source subject to Section 39.5 of
14		this Act, a fee of $4,000.
15		(3) If a public hearing is held regarding the
16		construction permit application, an administrative fee of
17		$10,000, subject to adjustment under subsection (f) of this
18		Section.
19		(c) (Blank). The fee amounts in this subsection (c) apply
20		to construction permit applications relating to a source that,
21		upon issuance of the construction permit, will not (i) be or
22		become subject to Section 39.5 of this Act (the Clean Air Act
23		Permit Program) or (ii) have or require a federally enforceable
24		state operating permit limiting its potential to emit.
25		(1) Base fees for each construction permit application
26		shall be assessed as follows:
27		(A) For a construction permit application
28		involving a single new emission unit, a fee of $500.
29		(B) For a construction permit application
30		involving more than one new emission unit, a fee of
31		$1,000.
32		(C) For a construction permit application
33		involving no more than 2 modified emission units, a fee
34		of $500.
35		(D) For a construction permit application
36		involving more than 2 modified emission units, a fee of

1		$1,000.
2		(2) Supplemental fees for each construction permit
3		application shall be assessed as follows:
4		(A) If the source is a new source, i.e., does not
5		currently have an operating permit, an entry fee of
6		$500;
7		(B) If the construction permit application
8		involves (i) a new source or emission unit subject to
9		Section 39.2 of this Act, (ii) a commercial incinerator
10		or a municipal waste, hazardous waste, or waste tire
11		incinerator, (iii) a commercial power generator, or
12		(iv) an emission unit designated as a complex source by
13		Agency rulemaking, a fee of $15,000.
14		(3) If a public hearing is held regarding the
15		construction permit application, an administrative fee of
16		$10,000.
17		(d) (Blank). If no other fee is applicable under this
18		Section, a construction permit application addressing one or
19		more of the following shall be subject to a filing fee of $500:
20		(1) A construction permit application to add or replace
21		a control device on a permitted emission unit.
22		(2) A construction permit application to conduct a
23		pilot project or trial burn for a permitted emission unit.
24		(3) A construction permit application for a land
25		remediation project.
26		(4) A construction permit application for an
27		insignificant activity as described in 35 Ill. Adm. Code
28		201.210.
29		(5) A construction permit application to revise an
30		emissions testing methodology or the timing of required
31		emissions testing.
32		(6) A construction permit application that provides
33		for a change in the name, address, or phone number of any
34		person identified in the permit, or for a change in the
35		stated ownership or control, or for a similar minor
36		administrative permit change at the source.

1		(e) (Blank). No fee shall be assessed for a request to
2		correct an issued permit that involves only an Agency error, if
3		the request is received within the deadline for a permit appeal
4		to the Pollution Control Board.
5		(f) The applicant for a new or revised air pollution
6		construction permit shall submit to the Agency, with the
7		construction permit application, both a certification of the
8		fee that he or she estimates to be due under this Section and
9		the fee itself.
10		(g) Notwithstanding the requirements of Section 39(a) of
11		this Act, the application for an air pollution construction
12		permit shall not be deemed to be filed with the Agency until
13		the Agency receives the initial air pollution construction
14		permit application fee and the certified estimate of the fee
15		required by this Section. Unless the Agency has received the
16		initial air pollution construction permit application fee and
17		the certified estimate of the fee required by this Section, the
18		Agency is not required to review or process the application.
19		(h) (Blank). If the Agency determines at any time that a
20		construction permit application is subject to an additional fee
21		under this Section that the applicant has not submitted, the
22		Agency shall notify the applicant in writing of the amount due
23		under this Section. The applicant shall have 60 days to remit
24		the assessed fee to the Agency.
25		If the proper fee established under this Section is not
26		submitted within 60 days after the request for further
27		remittance:
28		(1) If the construction permit has not yet been issued,
29		the Agency is not required to further review or process,
30		and the provisions of Section 39(a) of this Act do not
31		apply to, the application for a construction permit until
32		such time as the proper fee is remitted.
33		(2) If the construction permit has been issued, the
34		Agency may, upon written notice, immediately revoke the
35		construction permit.
36		The denial or revocation of a construction permit does not

1		excuse the applicant from the duty of paying the fees required
2		under this Section.
3		(i) The Agency may deny the issuance of a pending air
4		pollution construction permit or the subsequent operating
5		permit if the applicant has not paid the required fees by the
6		date required for issuance of the permit. The denial or
7		revocation of a permit for failure to pay a construction permit
8		fee is subject to review by the Board pursuant to the
9		provisions of subsection (a) of Section 40 of this Act.
10		(j) If the owner or operator undertakes construction
11		without obtaining an air pollution construction permit, the fee
12		under this Section is still required. Payment of the required
13		fee does not preclude the Agency or the Attorney General or
14		other authorized persons from pursuing enforcement against the
15		applicant for failure to have an air pollution construction
16		permit prior to commencing construction.
17		(k) If an air pollution construction permittee makes a fee
18		payment under this Section from an account with insufficient
19		funds to cover the amount of the fee payment, the Agency shall
20		notify the permittee of the failure to pay the fee. If the
21		permittee fails to pay the fee within 60 days after such
22		notification, the Agency may, by written notice, immediately
23		revoke the air pollution construction permit. Failure of the
24		Agency to notify the permittee of the permittee's failure to
25		make payment does not excuse or alter the duty of the permittee
26		to comply with the provisions of this Section.
27		(l) The Agency may establish procedures for the collection
28		of air pollution construction permit fees.
29		(m) Fees collected pursuant to this Section shall be
30		deposited into the Environmental Protection Permit and
31		Inspection Fund.
32		(Source: P.A. 93-32, eff. 7-1-03.)
33		(415 ILCS 5/12.2) (from Ch. 111 1/2, par. 1012.2)
34		Sec. 12.2. Water pollution construction permit fees.
35		(a) Beginning July 1, 2003, the Agency shall collect a fee

1		in the amount set forth in this Section:
2		(1) for any sewer which requires a construction permit
3		under paragraph (b) of Section 12, from each applicant for
4		a sewer construction permit under paragraph (b) of Section
5		12 or regulations adopted hereunder; and
6		(2) for any treatment works, industrial pretreatment
7		works, or industrial wastewater source that requires a
8		construction permit under paragraph (b) of Section 12, from
9		the applicant for the construction permit. However, no fee
10		shall be required for a treatment works or wastewater
11		source directly covered and authorized under an NPDES
12		permit issued by the Agency, nor for any treatment works,
13		industrial pretreatment works, or industrial wastewater
14		source (i) that is under or pending construction authorized
15		by a valid construction permit issued by the Agency prior
16		to July 1, 2003, during the term of that construction
17		permit, or (ii) for which a completed construction permit
18		application has been received by the Agency prior to July
19		1, 2003, with respect to the permit issued under that
20		application.
21		(b) Each applicant or person required to pay a fee under
22		this Section shall submit the fee to the Agency along with the
23		permit application. The Agency shall deny any construction
24		permit application for which a fee is required under this
25		Section that does not contain the appropriate fee.
26		(c) The amount of the fee is as follows:
27		(1) A $50 $100 fee shall be required for any sewer
28		constructed with a design population of 1.
29		(2) A $200 $400 fee shall be required for any sewer
30		constructed with a design population of 2 to 20.
31		(3) A $400 $800 fee shall be required for any sewer
32		constructed with a design population greater than 20 but
33		less than 101.
34		(4) A $600 $1200 fee shall be required for any sewer
35		constructed with a design population greater than 100 but
36		less than 500.

1		(5) A $1,200 $2400 fee shall be required for any sewer
2		constructed with a design population of 500 or more.
3		(6) (Blank). A $1,000 fee shall be required for any
4		industrial wastewater source that does not require
5		pretreatment of the wastewater prior to discharge to the
6		publicly owned treatment works or publicly regulated
7		treatment works.
8		(7) (Blank). A $3,000 fee shall be required for any
9		industrial wastewater source that requires pretreatment of
10		the wastewater for non-toxic pollutants prior to discharge
11		to the publicly owned treatment works or publicly regulated
12		treatment works.
13		(8) (Blank). A $6,000 fee shall be required for any
14		industrial wastewater source that requires pretreatment of
15		the wastewater for toxic pollutants prior to discharge to
16		the publicly owned treatment works or publicly regulated
17		treatment works.
18		(9) (Blank). A $2,500 fee shall be required for
19		construction relating to land application of industrial
20		sludge or spray irrigation of industrial wastewater.
21		All fees collected by the Agency under this Section shall
22		be deposited into the Environmental Protection Permit and
23		Inspection Fund in accordance with Section 22.8.
24		(d) Prior to a final Agency decision on a permit
25		application for which a fee has been paid under this Section,
26		the applicant may propose modification to the application in
27		accordance with this Act and regulations adopted hereunder
28		without any additional fee becoming due, unless the proposed
29		modifications cause an increase in the design population served
30		by the sewer specified in the permit application before the
31		modifications or the modifications cause a change in the
32		applicable fee category stated in subsection (c). If the
33		modifications cause such an increase or change the fee category
34		and the increase results in additional fees being due under
35		subsection (c), the applicant shall submit the additional fee
36		to the Agency with the proposed modifications.

1		(e) No fee shall be due under this Section from:
2		(1) any department, agency or unit of State government
3		for installing or extending a sewer;
4		(2) any unit of local government with which the Agency
5		has entered into a written delegation agreement under
6		Section 4 which allows such unit to issue construction
7		permits under this Title, or regulations adopted
8		hereunder, for installing or extending a sewer; or
9		(3) any unit of local government or school district for
10		installing or extending a sewer where both of the following
11		conditions are met:
12		(i) the cost of the installation or extension is
13		paid wholly from monies of the unit of local government
14		or school district, State grants or loans, federal
15		grants or loans, or any combination thereof; and
16		(ii) the unit of local government or school
17		district is not given monies, reimbursed or paid,
18		either in whole or in part, by another person (except
19		for State grants or loans or federal grants or loans)
20		for the installation or extension.
21		(f) The Agency may establish procedures relating to the
22		collection of fees under this Section. The Agency shall not
23		refund any fee paid to it under this Section. Notwithstanding
24		the provisions of any rule adopted before July 1, 2003
25		concerning fees under this Section, the Agency shall assess and
26		collect the fees imposed under subdivision (a)(2) of this
27		Section and the increases in the fees imposed under subdivision
28		(a)(1) of this Section beginning on July 1, 2003, for all
29		completed applications received on or after that date.
30		(g) Notwithstanding any other provision of this Act, the
31		Agency shall, not later than 45 days following the receipt of
32		both an application for a construction permit and the fee
33		required by this Section, either approve that application and
34		issue a permit or tender to the applicant a written statement
35		setting forth with specificity the reasons for the disapproval
36		of the application and denial of a permit. If the Agency takes

1		no final action within 45 days after the filing of the
2		application for a permit, the applicant may deem the permit
3		issued.
4		(h) For purposes of this Section:
5		"Toxic pollutants" means those pollutants defined in
6		Section 502(13) of the federal Clean Water Act and regulations
7		adopted pursuant to that Act.
8		"Industrial" refers to those industrial users referenced
9		in Section 502(13) of the federal Clean Water Act and
10		regulations adopted pursuant to that Act.
11		"Pretreatment" means the reduction of the amount of
12		pollutants, the elimination of pollutants, or the alteration of
13		the nature of pollutant properties in wastewater prior to or in
14		lieu of discharging or otherwise introducing those pollutants
15		into a publicly owned treatment works or publicly regulated
16		treatment works.
17		(Source: P.A. 93-32, eff. 7-1-03.)
18		(415 ILCS 5/12.5)
19		Sec. 12.5. NPDES discharge fees; sludge permit fees.
20		(a) Beginning January 1, 2004, the Agency shall collect
21		annual fees in the amounts set forth in subsection (c) of this
22		Section for all discharges that require an NPDES permit under
23		subsection (f) of Section 12 from each discharger holding an
24		NPDES permit authorizing those discharges, and for Section 401
25		water quality certifications. Beginning July 1, 2003, the
26		Agency shall assess and collect annual fees (i) in the amounts
27		set forth in subsection (e) for all discharges that require an
28		NPDES permit under subsection (f) of Section 12, from each
29		person holding an NPDES permit authorizing those discharges
30		(including a person who continues to discharge under an expired
31		permit pending renewal), and (ii) in the amounts set forth in
32		subsection (f) of this Section for all activities that require
33		a permit under subsection (b) of Section 12, from each person
34		holding a domestic sewage sludge generator or user permit.
35		Each person subject to this Section must remit the

1		applicable annual fee to the Agency in accordance with the
2		requirements set forth in this Section and any rules adopted
3		pursuant to this Section.
4		(b) Each discharger required to pay a fee under this
5		Section shall submit the fee to the Agency on or before the
6		first day of January following the effective date of the NPDES
7		permit and the first day of January of each succeeding year
8		that the NPDES permit remains in effect. The fee shall be based
9		on the NPDES permit that is in effect upon the date the fee is
10		due. Within 30 days after the effective date of this Section,
11		and by May 31 of each year thereafter, the Agency shall send a
12		fee notice by mail to each existing permittee subject to a fee
13		under this Section at his or her address of record. The notice
14		shall state the amount of the applicable annual fee and the
15		date by which payment is required.
16		Except as provided in subsection (c) with respect to
17		initial fees under new permits and certain modifications of
18		existing permits, fees payable under this Section for the 12
19		months beginning July 1, 2003 are due by the date specified in
20		the fee notice, which shall be no less than 30 days after the
21		date the fee notice is mailed by the Agency, and fees payable
22		under this Section for subsequent years shall be due on July 1
23		or as otherwise required in any rules that may be adopted
24		pursuant to this Section.
25		(c) The amounts of the annual fees applicable to
26		dischargers under NPDES permits and Section 401 certifications
27		are as follows:
28		(1) The fee for any NPDES permit for publicly owned
29		treatment works or other sewage discharges including
30		semi-private and private miscellaneous sewage discharges
31		and for discharges of waste water from the production of
32		potable water shall be as follows:
33		(A) For permitted discharges of less than 0.01
34		million gallons per day (MGD) or less than 100 service
35		connections as applicable, the fee is $100;
36		(B) For permitted discharges equal to or greater

1		than 0.01 MGD but less than 0.02 MGD, or greater than
2		100 but less than 200 service connections as
3		applicable, the fee is $200;
4		(C) For permitted discharges equal to or greater
5		than 0.02 MGD but less than 0.03 MGD, or greater than
6		200 but less than 300 service connections as
7		applicable, the fee is $300;
8		(D) For permitted discharges equal to or greater
9		than 0.03 MGD but less than 0.04 MGD, or greater than
10		300 but less than 400 service connections as
11		applicable, the fee is $400;
12		(E) For permitted discharges equal to or greater
13		than 0.04 MGD but less than 0.05 MGD, or greater than
14		400 but less than 500 service connections as
15		applicable, the fee is $500;
16		(F) For permitted discharges equal to or greater
17		than 0.05 MGD but less than 0.06 MGD, or greater than
18		500 but less than 600 service connections as
19		applicable, the fee is $600;
20		(G) For permitted discharges equal to or greater
21		than 0.06 MGD but less than 0.07 MGD, or greater than
22		600 but less than 700 service connections as
23		applicable, the fee is $700;
24		(H) For permitted discharges equal to or greater
25		than 0.07 MGD but less than 0.08 MGD, or greater than
26		700 but less than 800 service connections as
27		applicable, the fee is $800;
28		(I) For permitted discharges equal to or greater
29		than 0.08 MGD but less than 0.09 MGD, or greater than
30		800 but less than 900 service connections as
31		applicable, the fee is $900;
32		(J) For permitted discharges equal to or greater
33		than 0.09 MGD but less than 0.10 MGD, or greater than
34		900 less than 1,000 service connections as applicable,
35		the fee is $1,000.
36		(K) For permitted discharges equal to or greater

1		than 0.10 MGD but less than 0.25 MGD, or greater than
2		1,000 but less than 3,000 service connections as
3		applicable, the fee is $2,500;
4		(L) For permitted discharges equal to or greater
5		than 0.25 MGD but less than 4.0 MGD, or greater than
6		3,000 but less than 4,000 service connections as
7		applicable, the fee is $3,000;
8		(M) For permitted discharges equal to or greater
9		than 4.0 MGD but less than 10.0 MGD, or greater than
10		4,000 but less than 5,000 service connections as
11		applicable, the fee is $4,000;
12		(N) For permitted discharges greater than 10.0 MGD
13		or for greater than 5,000 service connections as
14		applicable, the fee is $6,000;
15		(2) The fee is $6,000 for any major NPDES permit to an
16		industrial discharger.
17		(3) The fee is $3,000 for any non-major NPDES permit
18		for an industrial discharger.
19		(4) The fee is $150 for any NPDES permit issued for the
20		discharge of storm water that covers less than 5 acres.
21		(5) The fee is $250 for any NPDES permit issued for the
22		discharge of storm water that covers greater than 5 acres.
23		(6) The fee is $1,000 for any NPDES permit for a coal
24		mine.
25		(7) The fee is $500 for any NPDES permit for any mine
26		that is not a coal mine.
27		(8) For a discharger under a general NPDES permit (as
28		described in subsection (b) of Section 39), the fee is the
29		same as the fee imposed under this Section for an
30		equivalent discharge under an individual permit.
31		(9) The fee is $100 for a discharger under an NPDES
32		permit where the type of discharge is not included in any
33		of the categories in items (1) through (8) of this
34		subsection (c).
35		(10) The fee is $100 for water quality certifications
36		required under Section 401 of the federal Clean Water Act.

1		The initial annual fee for discharges under a new
2		individual NPDES permit or for activity under a new
3		individual sludge generator or sludge user permit must be
4		remitted to the Agency prior to the issuance of the permit.
5		The Agency shall provide notice of the amount of the fee to
6		the applicant during its review of the application. In the
7		case of a new individual NPDES or sludge permit issued
8		during the months of January through June, the Agency may
9		prorate the initial annual fee payable under this Section.
10		The initial annual fee for discharges or other activity
11		under a general NPDES permit must be remitted to the Agency as
12		part of the application for coverage under that general permit.
13		If a requested modification to an existing NPDES permit
14		causes a change in the applicable fee categories under
15		subsection (e) that results in an increase in the required fee,
16		the permittee must pay to the Agency the amount of the
17		increase, prorated for the number of months remaining before
18		the next July 1, before the modification is granted.
19		(d) The Agency may establish procedures relating to the
20		collection of fees under this Section. Fees paid to the Agency
21		under this Section are not refundable. Failure to submit the
22		fee required under this Section by the due date constitutes a
23		violation of this Section. Late payments shall incur an
24		interest penalty, calculated at the rate in effect from time to
25		time for tax delinquencies under subsection (a) of Section 1003
26		of the Illinois Income Tax Act, from the date the fee is due
27		until the date the fee payment is received by the Agency.
28		(e) There is hereby created in the State treasury a special
29		fund to be known as the Illinois Clean Water Fund. All fees
30		collected by the Agency under this Section shall be deposited
31		into the Fund. Subject to appropriation, the moneys from this
32		Fund shall be used by the Agency (i) to perform duties related
33		to the NPDES program and (ii) to the extent feasible for any
34		other permit programs. Moneys from the Fund shall not be
35		transferred to the General Revenue Fund. Interest on the moneys
36		deposited in the Fund shall be deposited into the Fund. The

1		annual fees applicable to discharges under NPDES permits are as
2		follows:
3		(1) For NPDES permits for publicly owned treatment
4		works, other facilities for which the wastewater being
5		treated and discharged is primarily domestic sewage, and
6		wastewater discharges from the operation of public water
7		supply treatment facilities, the fee is:
8		(i) $1,500 for facilities with a Design Average
9		Flow rate of less than 100,000 gallons per day;
10		(ii) $5,000 for facilities with a Design Average
11		Flow rate of at least 100,000 gallons per day but less
12		than 500,000 gallons per day;
13		(iii) $7,500 for facilities with a Design Average
14		Flow rate of at least 500,000 gallons per day but less
15		than 1,000,000 gallons per day;
16		(iv) $15,000 for facilities with a Design Average
17		Flow rate of at least 1,000,000 gallons per day but
18		less than 5,000,000 gallons per day;
19		(v) $30,000 for facilities with a Design Average
20		Flow rate of at least 5,000,000 gallons per day but
21		less than 10,000,000 gallons per day; and
22		(vi) $50,000 for facilities with a Design Average
23		Flow rate of 10,000,000 gallons per day or more.
24		(2) For NPDES permits for treatment works or sewer
25		collection systems that include combined sewer overflow
26		outfalls, the fee is:
27		(i) $1,000 for systems serving a tributary
28		population of 10,000 or less;
29		(ii) $5,000 for systems serving a tributary
30		population that is greater than 10,000 but not more
31		than 25,000; and
32		(iii) $20,000 for systems serving a tributary
33		population that is greater than 25,000.
34		The fee amounts in this subdivision (e)(2) are in
35		addition to the fees stated in subdivision (e)(1) when the
36		combined sewer overflow outfall is contained within a

1		permit subject to subsection (e)(1) fees.
2		(3) For NPDES permits for mines producing coal, the fee
3		is $5,000.
4		(4) For NPDES permits for mines other than mines
5		producing coal, the fee is $5,000.
6		(5) For NPDES permits for industrial activity where
7		toxic substances are not regulated, other than permits
8		covered under subdivision (e)(3) or (e)(4), the fee is:
9		(i) $1,000 for a facility with a Design Average
10		Flow rate that is not more than 10,000 gallons per day;
11		(ii) $2,500 for a facility with a Design Average
12		Flow rate that is more than 10,000 gallons per day but
13		not more than 100,000 gallons per day; and
14		(iii) $10,000 for a facility with a Design Average
15		Flow rate that is more than 100,000 gallons per day.
16		(6) For NPDES permits for industrial activity where
17		toxic substances are regulated, other than permits covered
18		under subdivision (e)(3) or (e)(4), the fee is:
19		(i) $15,000 for a facility with a Design Average
20		Flow rate that is not more than 250,000 gallons per
21		day; and
22		(ii) $20,000 for a facility with a Design Average
23		Flow rate that is more than 250,000 gallons per day.
24		(7) For NPDES permits for industrial activity
25		classified by USEPA as a major discharge, other than
26		permits covered under subdivision (e)(3) or (e)(4), the fee
27		is:
28		(i) $30,000 for a facility where toxic substances
29		are not regulated; and
30		(ii) $50,000 for a facility where toxic substances
31		are regulated.
32		(8) For NPDES permits for municipal separate storm
33		sewer systems, the fee is $1,000.
34		(9) For NPDES permits for construction site or
35		industrial storm water, the fee is $500.
36		(f) The Agency may deny an application for the issuance or

1		renewal of a NPDES operating permit if any NPDES fee owed by
2		the applicant has not been paid within 60 days of the due date,
3		unless the applicant, at the time of the application, pays to
4		the Agency in advance the NPDES fee for the site that is the
5		subject of the operating permit, plus any other NPDES fees owed
6		by the applicant. The denial of an NPDES operating permit for
7		failure to pay an NPDES fee shall be subject to review by the
8		Board pursuant to the provisions of subsection (a) of Section
9		40 of this Act. The annual fee for activities under a permit
10		that authorizes applying sludge on land is $2,500 for a sludge
11		generator permit and $5,000 for a sludge user permit.
12		(g) (Blank). More than one of the annual fees specified in
13		subsections (e) and (f) may be applicable to a permit holder.
14		These fees are in addition to any other fees required under
15		this Act.
16		(h) (Blank). The fees imposed under this Section do not
17		apply to the State or any department or agency of the State,
18		nor to any school district.
19		(i) (Blank). The Agency may adopt rules to administer the
20		fee program established in this Section. The Agency may include
21		provisions pertaining to invoices, notice of late payment, and
22		disputes concerning the amount or timeliness of payment. The
23		Agency may set forth procedures and criteria for the acceptance
24		of payments. The absence of such rules does not affect the duty
25		of the Agency to immediately begin the assessment and
26		collection of fees under this Section.
27		(j) (Blank). All fees and interest penalties collected by
28		the Agency under this Section shall be deposited into the
29		Illinois Clean Water Fund, which is hereby created as a special
30		fund in the State treasury. Gifts, supplemental environmental
31		project funds, and grants may be deposited into the Fund.
32		Investment earnings on moneys held in the Fund shall be
33		credited to the Fund.
34		Subject to appropriation, the moneys in the Fund shall be
35		used by the Agency to carry out the Agency's clean water
36		activities.

1		(k) (Blank). Fees paid to the Agency under this Section are
2		not refundable.
3		(Source: P.A. 93-32, eff. 7-1-03.)
4		(415 ILCS 5/16.1) (from Ch. 111 1/2, par. 1016.1)
5		Sec. 16.1. Permit fees.
6		(a) Except as provided in subsection (f), the Agency shall
7		collect a fee in the amount set forth in subsection (d) from:
8		(1) each applicant for a construction permit under this Title,
9		or regulations adopted hereunder, to install or extend water
10		main; and (2) each person who submits as-built plans under this
11		Title, or regulations adopted hereunder, to install or extend
12		water main.
13		(b) Except as provided in subsection (c), each applicant or
14		person required to pay a fee under this Section shall submit
15		the fee to the Agency along with the permit application or
16		as-built plans. The Agency shall deny any construction permit
17		application for which a fee is required under this Section that
18		does not contain the appropriate fee. The Agency shall not
19		approve any as-built plans for which a fee is required under
20		this Section that do not contain the appropriate fee.
21		(c) Each applicant for an emergency construction permit
22		under this Title, or regulations adopted hereunder, to install
23		or extend a water main shall submit the appropriate fee to the
24		Agency within 10 calendar days from the date of issuance of the
25		emergency construction permit.
26		(d) The amount of the fee is as follows:
27		(1) $120 $240 if the construction permit application is
28		to install or extend water main that is more than 200 feet,
29		but not more than 1,000 feet in length;
30		(2) $360 $720 if the construction permit application is
31		to install or extend water main that is more than 1,000
32		feet but not more than 5,000 feet in length;
33		(3) $600 $1200 if the construction permit application
34		is to install or extend water main that is more than 5,000
35		feet in length.

1		(e) Prior to a final Agency decision on a permit
2		application for which a fee has been paid under this Section,
3		the applicant may propose modifications to the application in
4		accordance with this Act and regulations adopted hereunder
5		without any additional fee becoming due unless the proposed
6		modifications cause the length of water main to increase beyond
7		the length specified in the permit application before the
8		modifications. If the modifications cause such an increase and
9		the increase results in additional fees being due under
10		subsection (d), the applicant shall submit the additional fee
11		to the Agency with the proposed modifications.
12		(f) No fee shall be due under this Section from (1) any
13		department, agency or unit of State government for installing
14		or extending a water main; (2) any unit of local government
15		with which the Agency has entered into a written delegation
16		agreement under Section 4 of this Act which allows such unit to
17		issue construction permits under this Title, or regulations
18		adopted hereunder, for installing or extending a water main; or
19		(3) any unit of local government or school district for
20		installing or extending a water main where both of the
21		following conditions are met: (i) the cost of the installation
22		or extension is paid wholly from monies of the unit of local
23		government or school district, State grants or loans, federal
24		grants or loans, or any combination thereof; and (ii) the unit
25		of local government or school district is not given monies,
26		reimbursed or paid, either in whole or in part, by another
27		person (except for State grants or loans or federal grants or
28		loans) for the installation or extension.
29		(g) The Agency may establish procedures relating to the
30		collection of fees under this Section. The Agency shall not
31		refund any fee paid to it under this Section.
32		(h) For the purposes of this Section, the term "water main"
33		means any pipe that is to be used for the purpose of
34		distributing potable water which serves or is accessible to
35		more than one property, dwelling or rental unit, and that is
36		exterior to buildings.

1		(i) Notwithstanding any other provision of this Act, the
2		Agency shall, not later than 45 days following the receipt of
3		both an application for a construction permit and the fee
4		required by this Section, either approve that application and
5		issue a permit or tender to the applicant a written statement
6		setting forth with specificity the reasons for the disapproval
7		of the application and denial of a permit. If there is no final
8		action by the Agency within 45 days after the filing of the
9		application for a permit, the applicant may deem the permit
10		issued.
11		(Source: P.A. 93-32, eff. 7-1-03.)
12		(415 ILCS 5/22.8) (from Ch. 111 1/2, par. 1022.8)
13		Sec. 22.8. Environmental Protection Permit and Inspection
14		Fund.
15		(a) There is hereby created in the State Treasury a special
16		fund to be known as the Environmental Protection Permit and
17		Inspection Fund. All fees collected by the Agency pursuant to
18		this Section, Section 9.6, 12.2, 16.1, 22.2 (j)(6)(E)(v)(IV),
19		56.4, 56.5, 56.6, and subsection (f) of Section 5 of this Act
20		or pursuant to Section 22 of the Public Water Supply Operations
21		Act and funds collected under subsection (b.5) of Section 42 of
22		this Act shall be deposited into the Fund. In addition to any
23		monies appropriated from the General Revenue Fund, monies in
24		the Fund shall be appropriated by the General Assembly to the
25		Agency in amounts deemed necessary for manifest, permit, and
26		inspection activities and for processing requests under
27		Section 22.2 (j)(6)(E)(v)(IV).
28		The General Assembly may appropriate monies in the Fund
29		deemed necessary for Board regulatory and adjudicatory
30		proceedings.
31		(b) The Agency shall collect from the owner or operator of
32		any of the following types of hazardous waste disposal sites or
33		management facilities which require a RCRA permit under
34		subsection (f) of Section 21 of this Act, or a UIC permit under
35		subsection (g) of Section 12 of this Act, an annual fee in the

1		amount of:
2		(1) $35,000 ($70,000 beginning in 2004 and returning to
3		$35,000 in 2005) for a hazardous waste disposal site
4		receiving hazardous waste if the hazardous waste disposal
5		site is located off the site where such waste was produced;
6		(2) $9,000 ($18,000 beginning in 2004 and returning to
7		$9,000 in 2005) for a hazardous waste disposal site
8		receiving hazardous waste if the hazardous waste disposal
9		site is located on the site where such waste was produced;
10		(3) $7,000 ($14,000 beginning in 2004 and returning to
11		$7,000 in 2005) for a hazardous waste disposal site
12		receiving hazardous waste if the hazardous waste disposal
13		site is an underground injection well;
14		(4) $2,000 ($4,000 beginning in 2004 and returning to
15		$2,000 in 2005) for a hazardous waste management facility
16		treating hazardous waste by incineration;
17		(5) $1,000 ($2,000 beginning in 2004 and returning to
18		$1,000 in 2005) for a hazardous waste management facility
19		treating hazardous waste by a method, technique or process
20		other than incineration;
21		(6) $1,000 ($2,000 beginning in 2004 and returning to
22		$1,000 in 2005) for a hazardous waste management facility
23		storing hazardous waste in a surface impoundment or pile;
24		(7) $250 ($500 beginning in 2004 and returning to $250
25		in 2005) for a hazardous waste management facility storing
26		hazardous waste other than in a surface impoundment or
27		pile; and
28		(8) (Blank). Beginning in 2004, $500 for a large
29		quantity hazardous waste generator required to submit an
30		annual or biennial report for hazardous waste generation.
31		(c) Where two or more operational units are located within
32		a single hazardous waste disposal site, the Agency shall
33		collect from the owner or operator of such site an annual fee
34		equal to the highest fee imposed by subsection (b) of this
35		Section upon any single operational unit within the site.
36		(d) The fee imposed upon a hazardous waste disposal site

1		under this Section shall be the exclusive permit and inspection
2		fee applicable to hazardous waste disposal at such site,
3		provided that nothing in this Section shall be construed to
4		diminish or otherwise affect any fee imposed upon the owner or
5		operator of a hazardous waste disposal site by Section 22.2.
6		(e) The Agency shall establish procedures, no later than
7		December 1, 1984, relating to the collection of the hazardous
8		waste disposal site fees authorized by this Section. Such
9		procedures shall include, but not be limited to the time and
10		manner of payment of fees to the Agency, which shall be
11		quarterly, payable at the beginning of each quarter for
12		hazardous waste disposal site fees. Annual fees required under
13		paragraph (7) of subsection (b) of this Section shall accompany
14		the annual report required by Board regulations for the
15		calendar year for which the report applies.
16		(f) For purposes of this Section, a hazardous waste
17		disposal site consists of one or more of the following
18		operational units:
19		(1) a landfill receiving hazardous waste for disposal;
20		(2) a waste pile or surface impoundment, receiving
21		hazardous waste, in which residues which exhibit any of the
22		characteristics of hazardous waste pursuant to Board
23		regulations are reasonably expected to remain after
24		closure;
25		(3) a land treatment facility receiving hazardous
26		waste; or
27		(4) a well injecting hazardous waste.
28		(g) The Agency shall assess a fee of $1 for each manifest
29		provided by the Agency. For manifests provided on or after
30		January 1, 1989 but before July 1, 2003, the fee shall be $1
31		per manifest. For manifests provided on or after July 1, 2003,
32		the fee shall be $3 per manifest.
33		(Source: P.A. 93-32, eff. 7-1-03.)
34		(415 ILCS 5/22.15) (from Ch. 111 1/2, par. 1022.15)
35		Sec. 22.15. Solid Waste Management Fund; fees.

1		(a) There is hereby created within the State Treasury a
2		special fund to be known as the "Solid Waste Management Fund",
3		to be constituted from the fees collected by the State pursuant
4		to this Section and from repayments of loans made from the Fund
5		for solid waste projects. Moneys received by the Department of
6		Commerce and Economic Opportunity Community Affairs in
7		repayment of loans made pursuant to the Illinois Solid Waste
8		Management Act shall be deposited into the Solid Waste
9		Management Revolving Loan Fund.
10		(b) The Agency shall assess and collect a fee in the amount
11		set forth herein from the owner or operator of each sanitary
12		landfill permitted or required to be permitted by the Agency to
13		dispose of solid waste if the sanitary landfill is located off
14		the site where such waste was produced and if such sanitary
15		landfill is owned, controlled, and operated by a person other
16		than the generator of such waste. The Agency shall deposit all
17		fees collected into the Solid Waste Management Fund. If a site
18		is contiguous to one or more landfills owned or operated by the
19		same person, the volumes permanently disposed of by each
20		landfill shall be combined for purposes of determining the fee
21		under this subsection.
22		(1) If more than 150,000 cubic yards of non-hazardous
23		solid waste is permanently disposed of at a site in a
24		calendar year, the owner or operator shall either pay a fee
25		of 45 95 cents per cubic yard or, alternatively, the owner
26		or operator may weigh the quantity of the solid waste
27		permanently disposed of with a device for which
28		certification has been obtained under the Weights and
29		Measures Act and pay a fee of 95 cents $2.00 per ton of
30		solid waste permanently disposed of. In no case shall the
31		fee collected or paid by the owner or operator under this
32		paragraph exceed $1.05 $1.55 per cubic yard or $2.22 $3.27
33		per ton.
34		(2) If more than 100,000 cubic yards but not more than
35		150,000 cubic yards of non-hazardous waste is permanently
36		disposed of at a site in a calendar year, the owner or

1		operator shall pay a fee of $25,000 $52,630.
2		(3) If more than 50,000 cubic yards but not more than
3		100,000 cubic yards of non-hazardous solid waste is
4		permanently disposed of at a site in a calendar year, the
5		owner or operator shall pay a fee of $11,300 $23,790.
6		(4) If more than 10,000 cubic yards but not more than
7		50,000 cubic yards of non-hazardous solid waste is
8		permanently disposed of at a site in a calendar year, the
9		owner or operator shall pay a fee of $3,450 $7,260.
10		(5) If not more than 10,000 cubic yards of
11		non-hazardous solid waste is permanently disposed of at a
12		site in a calendar year, the owner or operator shall pay a
13		fee of $500 $1050.
14		(c) (Blank.)
15		(d) The Agency shall establish rules relating to the
16		collection of the fees authorized by this Section. Such rules
17		shall include, but not be limited to:
18		(1) necessary records identifying the quantities of
19		solid waste received or disposed;
20		(2) the form and submission of reports to accompany the
21		payment of fees to the Agency;
22		(3) the time and manner of payment of fees to the
23		Agency, which payments shall not be more often than
24		quarterly; and
25		(4) procedures setting forth criteria establishing
26		when an owner or operator may measure by weight or volume
27		during any given quarter or other fee payment period.
28		(e) Pursuant to appropriation, all monies in the Solid
29		Waste Management Fund shall be used by the Agency and the
30		Department of Commerce and Economic Opportunity Community
31		Affairs for the purposes set forth in this Section and in the
32		Illinois Solid Waste Management Act, including for the costs of
33		fee collection and administration.
34		(f) The Agency is authorized to enter into such agreements
35		and to promulgate such rules as are necessary to carry out its
36		duties under this Section and the Illinois Solid Waste

1		Management Act.
2		(g) On the first day of January, April, July, and October
3		of each year, beginning on July 1, 1996, the State Comptroller
4		and Treasurer shall transfer $500,000 from the Solid Waste
5		Management Fund to the Hazardous Waste Fund. Moneys transferred
6		under this subsection (g) shall be used only for the purposes
7		set forth in item (1) of subsection (d) of Section 22.2.
8		(h) The Agency is authorized to provide financial
9		assistance to units of local government for the performance of
10		inspecting, investigating and enforcement activities pursuant
11		to Section 4(r) at nonhazardous solid waste disposal sites.
12		(i) The Agency is authorized to support the operations of
13		an industrial materials exchange service, and to conduct
14		household waste collection and disposal programs.
15		(j) A unit of local government, as defined in the Local
16		Solid Waste Disposal Act, in which a solid waste disposal
17		facility is located may establish a fee, tax, or surcharge with
18		regard to the permanent disposal of solid waste. All fees,
19		taxes, and surcharges collected under this subsection shall be
20		utilized for solid waste management purposes, including
21		long-term monitoring and maintenance of landfills, planning,
22		implementation, inspection, enforcement and other activities
23		consistent with the Solid Waste Management Act and the Local
24		Solid Waste Disposal Act, or for any other environment-related
25		purpose, including but not limited to an environment-related
26		public works project, but not for the construction of a new
27		pollution control facility other than a household hazardous
28		waste facility. However, the total fee, tax or surcharge
29		imposed by all units of local government under this subsection
30		(j) upon the solid waste disposal facility shall not exceed:
31		(1) 60¢ per cubic yard if more than 150,000 cubic yards
32		of non-hazardous solid waste is permanently disposed of at
33		the site in a calendar year, unless the owner or operator
34		weighs the quantity of the solid waste received with a
35		device for which certification has been obtained under the
36		Weights and Measures Act, in which case the fee shall not

1		exceed $1.27 per ton of solid waste permanently disposed
2		of.
3		(2) $33,350 if more than 100,000 cubic yards, but not
4		more than 150,000 cubic yards, of non-hazardous waste is
5		permanently disposed of at the site in a calendar year.
6		(3) $15,500 if more than 50,000 cubic yards, but not
7		more than 100,000 cubic yards, of non-hazardous solid waste
8		is permanently disposed of at the site in a calendar year.
9		(4) $4,650 if more than 10,000 cubic yards, but not
10		more than 50,000 cubic yards, of non-hazardous solid waste
11		is permanently disposed of at the site in a calendar year.
12		(5) $$650 if not more than 10,000 cubic yards of
13		non-hazardous solid waste is permanently disposed of at the
14		site in a calendar year.
15		The corporate authorities of the unit of local government
16		may use proceeds from the fee, tax, or surcharge to reimburse a
17		highway commissioner whose road district lies wholly or
18		partially within the corporate limits of the unit of local
19		government for expenses incurred in the removal of
20		nonhazardous, nonfluid municipal waste that has been dumped on
21		public property in violation of a State law or local ordinance.
22		A county or Municipal Joint Action Agency that imposes a
23		fee, tax, or surcharge under this subsection may use the
24		proceeds thereof to reimburse a municipality that lies wholly
25		or partially within its boundaries for expenses incurred in the
26		removal of nonhazardous, nonfluid municipal waste that has been
27		dumped on public property in violation of a State law or local
28		ordinance.
29		If the fees are to be used to conduct a local sanitary
30		landfill inspection or enforcement program, the unit of local
31		government must enter into a written delegation agreement with
32		the Agency pursuant to subsection (r) of Section 4. The unit of
33		local government and the Agency shall enter into such a written
34		delegation agreement within 60 days after the establishment of
35		such fees. At least annually, the Agency shall conduct an audit
36		of the expenditures made by units of local government from the

1		funds granted by the Agency to the units of local government
2		for purposes of local sanitary landfill inspection and
3		enforcement programs, to ensure that the funds have been
4		expended for the prescribed purposes under the grant.
5		The fees, taxes or surcharges collected under this
6		subsection (j) shall be placed by the unit of local government
7		in a separate fund, and the interest received on the moneys in
8		the fund shall be credited to the fund. The monies in the fund
9		may be accumulated over a period of years to be expended in
10		accordance with this subsection.
11		A unit of local government, as defined in the Local Solid
12		Waste Disposal Act, shall prepare and distribute to the Agency,
13		in April of each year, a report that details spending plans for
14		monies collected in accordance with this subsection. The report
15		will at a minimum include the following:
16		(1) The total monies collected pursuant to this
17		subsection.
18		(2) The most current balance of monies collected
19		pursuant to this subsection.
20		(3) An itemized accounting of all monies expended for
21		the previous year pursuant to this subsection.
22		(4) An estimation of monies to be collected for the
23		following 3 years pursuant to this subsection.
24		(5) A narrative detailing the general direction and
25		scope of future expenditures for one, 2 and 3 years.
26		The exemptions granted under Sections 22.16 and 22.16a, and
27		under subsections (c) and (k) of this Section, shall be
28		applicable to any fee, tax or surcharge imposed under this
29		subsection (j); except that the fee, tax or surcharge
30		authorized to be imposed under this subsection (j) may be made
31		applicable by a unit of local government to the permanent
32		disposal of solid waste after December 31, 1986, under any
33		contract lawfully executed before June 1, 1986 under which more
34		than 150,000 cubic yards (or 50,000 tons) of solid waste is to
35		be permanently disposed of, even though the waste is exempt
36		from the fee imposed by the State under subsection (b) of this

1		Section pursuant to an exemption granted under Section 22.16.
2		(k) In accordance with the findings and purposes of the
3		Illinois Solid Waste Management Act, beginning January 1, 1989
4		the fee under subsection (b) and the fee, tax or surcharge
5		under subsection (j) shall not apply to:
6		(1) Waste which is hazardous waste; or
7		(2) Waste which is pollution control waste; or
8		(3) Waste from recycling, reclamation or reuse
9		processes which have been approved by the Agency as being
10		designed to remove any contaminant from wastes so as to
11		render such wastes reusable, provided that the process
12		renders at least 50% of the waste reusable; or
13		(4) Non-hazardous solid waste that is received at a
14		sanitary landfill and composted or recycled through a
15		process permitted by the Agency; or
16		(5) Any landfill which is permitted by the Agency to
17		receive only demolition or construction debris or
18		landscape waste.
19		(Source: P.A. 92-574, eff. 6-26-02; 93-32, eff. 7-1-03; revised
20		12-6-03.)
21		(415 ILCS 5/22.44)
22		Sec. 22.44. Subtitle D management fees.
23		(a) There is created within the State treasury a special
24		fund to be known as the "Subtitle D Management Fund"
25		constituted from the fees collected by the State under this
26		Section.
27		(b) The Agency shall assess and collect a fee in the amount
28		set forth in this subsection from the owner or operator of each
29		sanitary landfill permitted or required to be permitted by the
30		Agency to dispose of solid waste if the sanitary landfill is
31		located off the site where the waste was produced and if the
32		sanitary landfill is owned, controlled, and operated by a
33		person other than the generator of the waste. The Agency shall
34		deposit all fees collected under this subsection into the
35		Subtitle D Management Fund. If a site is contiguous to one or

1		more landfills owned or operated by the same person, the
2		volumes permanently disposed of by each landfill shall be
3		combined for purposes of determining the fee under this
4		subsection.
5		(1) If more than 150,000 cubic yards of non-hazardous
6		solid waste is permanently disposed of at a site in a
7		calendar year, the owner or operator shall either pay a fee
8		of 6.9 10.1 cents per cubic yard or, alternatively, the
9		owner or operator may weigh the quantity of the solid waste
10		permanently disposed of with a device for which
11		certification has been obtained under the Weights and
12		Measures Act and pay a fee of 15 22 cents per ton of waste
13		permanently disposed of.
14		(2) If more than 100,000 cubic yards, but not more than
15		150,000 cubic yards, of non-hazardous waste is permanently
16		disposed of at a site in a calendar year, the owner or
17		operator shall pay a fee of $3,825 $7,020.
18		(3) If more than 50,000 cubic yards, but not more than
19		100,000 cubic yards, of non-hazardous solid waste is
20		permanently disposed of at a site in a calendar year, the
21		owner or operator shall pay a fee of $1,700 $3,120.
22		(4) If more than 10,000 cubic yards, but not more than
23		50,000 cubic yards, of non-hazardous solid waste is
24		permanently disposed of at a site in a calendar year, the
25		owner or operator shall pay a fee of $530 $975.
26		(5) If not more than 10,000 cubic yards of
27		non-hazardous solid waste is permanently disposed of at a
28		site in a calendar year, the owner or operator shall pay a
29		fee of $110 $210.
30		(c) The fee under subsection (b) shall not apply to any of
31		the following:
32		(1) Hazardous waste.
33		(2) Pollution control waste.
34		(3) Waste from recycling, reclamation, or reuse
35		processes that have been approved by the Agency as being
36		designed to remove any contaminant from wastes so as to

1		render the wastes reusable, provided that the process
2		renders at least 50% of the waste reusable.
3		(4) Non-hazardous solid waste that is received at a
4		sanitary landfill and composted or recycled through a
5		process permitted by the Agency.
6		(5) Any landfill that is permitted by the Agency to
7		receive only demolition or construction debris or
8		landscape waste.
9		(d) The Agency shall establish rules relating to the
10		collection of the fees authorized by this Section. These rules
11		shall include, but not be limited to the following:
12		(1) Necessary records identifying the quantities of
13		solid waste received or disposed.
14		(2) The form and submission of reports to accompany the
15		payment of fees to the Agency.
16		(3) The time and manner of payment of fees to the
17		Agency, which payments shall not be more often than
18		quarterly.
19		(4) Procedures setting forth criteria establishing
20		when an owner or operator may measure by weight or volume
21		during any given quarter or other fee payment period.
22		(e) Fees collected under this Section shall be in addition
23		to any other fees collected under any other Section.
24		(f) The Agency shall not refund any fee paid to it under
25		this Section.
26		(g) Pursuant to appropriation, all moneys in the Subtitle D
27		Management Fund shall be used by the Agency to administer the
28		United States Environmental Protection Agency's Subtitle D
29		Program provided in Sections 4004 and 4010 of the Resource
30		Conservation and Recovery Act of 1976 (P.L. 94-580) as it
31		relates to a municipal solid waste landfill program in Illinois
32		and to fund a delegation of inspecting, investigating, and
33		enforcement functions, within the municipality only, pursuant
34		to subsection (r) of Section 4 of this Act to a municipality
35		having a population of more than 1,000,000 inhabitants. The
36		Agency shall execute a delegation agreement pursuant to

1		subsection (r) of Section 4 of this Act with a municipality
2		having a population of more than 1,000,000 inhabitants within
3		90 days of September 13, 1993 and shall on an annual basis
4		distribute from the Subtitle D Management Fund to that
5		municipality no less than $150,000.
6		(Source: P.A. 92-574, eff. 6-26-02; 93-32, eff. 7-1-03.)
7		(415 ILCS 5/39.5) (from Ch. 111 1/2, par. 1039.5)
8		Sec. 39.5. Clean Air Act Permit Program.
9		1. Definitions.
10		For purposes of this Section:
11		"Administrative permit amendment" means a permit revision
12		subject to subsection 13 of this Section.
13		"Affected source for acid deposition" means a source that
14		includes one or more affected units under Title IV of the Clean
15		Air Act.
16		"Affected States" for purposes of formal distribution of a
17		draft CAAPP permit to other States for comments prior to
18		issuance, means all States:
19		(1) Whose air quality may be affected by the source
20		covered by the draft permit and that are contiguous to
21		Illinois; or
22		(2) That are within 50 miles of the source.
23		"Affected unit for acid deposition" shall have the meaning
24		given to the term "affected unit" in the regulations
25		promulgated under Title IV of the Clean Air Act.
26		"Applicable Clean Air Act requirement" means all of the
27		following as they apply to emissions units in a source
28		(including regulations that have been promulgated or approved
29		by USEPA pursuant to the Clean Air Act which directly impose
30		requirements upon a source and other such federal requirements
31		which have been adopted by the Board. These may include
32		requirements and regulations which have future effective
33		compliance dates. Requirements and regulations will be exempt
34		if USEPA determines that such requirements need not be
35		contained in a Title V permit):

1		(1) Any standard or other requirement provided for in
2		the applicable state implementation plan approved or
3		promulgated by USEPA under Title I of the Clean Air Act
4		that implement the relevant requirements of the Clean Air
5		Act, including any revisions to the state Implementation
6		Plan promulgated in 40 CFR Part 52, Subparts A and O and
7		other subparts applicable to Illinois. For purposes of this
8		subsection (1) of this definition, "any standard or other
9		requirement" shall mean only such standards or
10		requirements directly enforceable against an individual
11		source under the Clean Air Act.
12		(2)(i) Any term or condition of any preconstruction
13		permits issued pursuant to regulations approved or
14		promulgated by USEPA under Title I of the Clean Air
15		Act, including Part C or D of the Clean Air Act.
16		(ii) Any term or condition as required pursuant to
17		Section 39.5 of any federally enforceable State
18		operating permit issued pursuant to regulations
19		approved or promulgated by USEPA under Title I of the
20		Clean Air Act, including Part C or D of the Clean Air
21		Act.
22		(3) Any standard or other requirement under Section 111
23		of the Clean Air Act, including Section 111(d).
24		(4) Any standard or other requirement under Section 112
25		of the Clean Air Act, including any requirement concerning
26		accident prevention under Section 112(r)(7) of the Clean
27		Air Act.
28		(5) Any standard or other requirement of the acid rain
29		program under Title IV of the Clean Air Act or the
30		regulations promulgated thereunder.
31		(6) Any requirements established pursuant to Section
32		504(b) or Section 114(a)(3) of the Clean Air Act.
33		(7) Any standard or other requirement governing solid
34		waste incineration, under Section 129 of the Clean Air Act.
35		(8) Any standard or other requirement for consumer and
36		commercial products, under Section 183(e) of the Clean Air

1		Act.
2		(9) Any standard or other requirement for tank vessels,
3		under Section 183(f) of the Clean Air Act.
4		(10) Any standard or other requirement of the program
5		to control air pollution from Outer Continental Shelf
6		sources, under Section 328 of the Clean Air Act.
7		(11) Any standard or other requirement of the
8		regulations promulgated to protect stratospheric ozone
9		under Title VI of the Clean Air Act, unless USEPA has
10		determined that such requirements need not be contained in
11		a Title V permit.
12		(12) Any national ambient air quality standard or
13		increment or visibility requirement under Part C of Title I
14		of the Clean Air Act, but only as it would apply to
15		temporary sources permitted pursuant to Section 504(e) of
16		the Clean Air Act.
17		"Applicable requirement" means all applicable Clean Air
18		Act requirements and any other standard, limitation, or other
19		requirement contained in this Act or regulations promulgated
20		under this Act as applicable to sources of air contaminants
21		(including requirements that have future effective compliance
22		dates).
23		"CAAPP" means the Clean Air Act Permit Program, developed
24		pursuant to Title V of the Clean Air Act.
25		"CAAPP application" means an application for a CAAPP
26		permit.
27		"CAAPP Permit" or "permit" (unless the context suggests
28		otherwise) means any permit issued, renewed, amended, modified
29		or revised pursuant to Title V of the Clean Air Act.
30		"CAAPP source" means any source for which the owner or
31		operator is required to obtain a CAAPP permit pursuant to
32		subsection 2 of this Section.
33		"Clean Air Act" means the Clean Air Act, as now and
34		hereafter amended, 42 U.S.C. 7401, et seq.
35		"Designated representative" shall have the meaning given
36		to it in Section 402(26) of the Clean Air Act and the

1		regulations promulgated thereunder which states that the term
2		'designated representative' shall mean a responsible person or
3		official authorized by the owner or operator of a unit to
4		represent the owner or operator in all matters pertaining to
5		the holding, transfer, or disposition of allowances allocated
6		to a unit, and the submission of and compliance with permits,
7		permit applications, and compliance plans for the unit.
8		"Draft CAAPP permit" means the version of a CAAPP permit
9		for which public notice and an opportunity for public comment
10		and hearing is offered by the Agency.
11		"Effective date of the CAAPP" means the date that USEPA
12		approves Illinois' CAAPP.
13		"Emission unit" means any part or activity of a stationary
14		source that emits or has the potential to emit any air
15		pollutant. This term is not meant to alter or affect the
16		definition of the term "unit" for purposes of Title IV of the
17		Clean Air Act.
18		"Federally enforceable" means enforceable by USEPA.
19		"Final permit action" means the Agency's granting with
20		conditions, refusal to grant, renewal of, or revision of a
21		CAAPP permit, the Agency's determination of incompleteness of a
22		submitted CAAPP application, or the Agency's failure to act on
23		an application for a permit, permit renewal, or permit revision
24		within the time specified in paragraph 5(j), subsection 13, or
25		subsection 14 of this Section.
26		"General permit" means a permit issued to cover numerous
27		similar sources in accordance with subsection 11 of this
28		Section.
29		"Major source" means a source for which emissions of one or
30		more air pollutants meet the criteria for major status pursuant
31		to paragraph 2(c) of this Section.
32		"Maximum achievable control technology" or "MACT" means
33		the maximum degree of reductions in emissions deemed achievable
34		under Section 112 of the Clean Air Act.
35		"Owner or operator" means any person who owns, leases,
36		operates, controls, or supervises a stationary source.

1		"Permit modification" means a revision to a CAAPP permit
2		that cannot be accomplished under the provisions for
3		administrative permit amendments under subsection 13 of this
4		Section.
5		"Permit revision" means a permit modification or
6		administrative permit amendment.
7		"Phase II" means the period of the national acid rain
8		program, established under Title IV of the Clean Air Act,
9		beginning January 1, 2000, and continuing thereafter.
10		"Phase II acid rain permit" means the portion of a CAAPP
11		permit issued, renewed, modified, or revised by the Agency
12		during Phase II for an affected source for acid deposition.
13		"Potential to emit" means the maximum capacity of a
14		stationary source to emit any air pollutant under its physical
15		and operational design. Any physical or operational limitation
16		on the capacity of a source to emit an air pollutant, including
17		air pollution control equipment and restrictions on hours of
18		operation or on the type or amount of material combusted,
19		stored, or processed, shall be treated as part of its design if
20		the limitation is enforceable by USEPA. This definition does
21		not alter or affect the use of this term for any other purposes
22		under the Clean Air Act, or the term "capacity factor" as used
23		in Title IV of the Clean Air Act or the regulations promulgated
24		thereunder.
25		"Preconstruction Permit" or "Construction Permit" means a
26		permit which is to be obtained prior to commencing or beginning
27		actual construction or modification of a source or emissions
28		unit.
29		"Proposed CAAPP permit" means the version of a CAAPP permit
30		that the Agency proposes to issue and forwards to USEPA for
31		review in compliance with applicable requirements of the Act
32		and regulations promulgated thereunder.
33		"Regulated air pollutant" means the following:
34		(1) Nitrogen oxides (NOx) or any volatile organic
35		compound.
36		(2) Any pollutant for which a national ambient air

1		quality standard has been promulgated.
2		(3) Any pollutant that is subject to any standard
3		promulgated under Section 111 of the Clean Air Act.
4		(4) Any Class I or II substance subject to a standard
5		promulgated under or established by Title VI of the Clean
6		Air Act.
7		(5) Any pollutant subject to a standard promulgated
8		under Section 112 or other requirements established under
9		Section 112 of the Clean Air Act, including Sections
10		112(g), (j) and (r).
11		(i) Any pollutant subject to requirements under
12		Section 112(j) of the Clean Air Act. Any pollutant
13		listed under Section 112(b) for which the subject
14		source would be major shall be considered to be
15		regulated 18 months after the date on which USEPA was
16		required to promulgate an applicable standard pursuant
17		to Section 112(e) of the Clean Air Act, if USEPA fails
18		to promulgate such standard.
19		(ii) Any pollutant for which the requirements of
20		Section 112(g)(2) of the Clean Air Act have been met,
21		but only with respect to the individual source subject
22		to Section 112(g)(2) requirement.
23		"Renewal" means the process by which a permit is reissued
24		at the end of its term.
25		"Responsible official" means one of the following:
26		(1) For a corporation: a president, secretary,
27		treasurer, or vice-president of the corporation in charge
28		of a principal business function, or any other person who
29		performs similar policy or decision-making functions for
30		the corporation, or a duly authorized representative of
31		such person if the representative is responsible for the
32		overall operation of one or more manufacturing,
33		production, or operating facilities applying for or
34		subject to a permit and either (i) the facilities employ
35		more than 250 persons or have gross annual sales or
36		expenditures exceeding $25 million (in second quarter 1980

1		dollars), or (ii) the delegation of authority to such
2		representative is approved in advance by the Agency.
3		(2) For a partnership or sole proprietorship: a general
4		partner or the proprietor, respectively, or in the case of
5		a partnership in which all of the partners are
6		corporations, a duly authorized representative of the
7		partnership if the representative is responsible for the
8		overall operation of one or more manufacturing,
9		production, or operating facilities applying for or
10		subject to a permit and either (i) the facilities employ
11		more than 250 persons or have gross annual sales or
12		expenditures exceeding $25 million (in second quarter 1980
13		dollars), or (ii) the delegation of authority to such
14		representative is approved in advance by the Agency.
15		(3) For a municipality, State, Federal, or other public
16		agency: either a principal executive officer or ranking
17		elected official. For the purposes of this part, a
18		principal executive officer of a Federal agency includes
19		the chief executive officer having responsibility for the
20		overall operations of a principal geographic unit of the
21		agency (e.g., a Regional Administrator of USEPA).
22		(4) For affected sources for acid deposition:
23		(i) The designated representative shall be the
24		"responsible official" in so far as actions,
25		standards, requirements, or prohibitions under Title
26		IV of the Clean Air Act or the regulations promulgated
27		thereunder are concerned.
28		(ii) The designated representative may also be the
29		"responsible official" for any other purposes with
30		respect to air pollution control.
31		"Section 502(b)(10) changes" means changes that contravene
32		express permit terms. "Section 502(b)(10) changes" do not
33		include changes that would violate applicable requirements or
34		contravene federally enforceable permit terms or conditions
35		that are monitoring (including test methods), recordkeeping,
36		reporting, or compliance certification requirements.

1		"Solid waste incineration unit" means a distinct operating
2		unit of any facility which combusts any solid waste material
3		from commercial or industrial establishments or the general
4		public (including single and multiple residences, hotels, and
5		motels). The term does not include incinerators or other units
6		required to have a permit under Section 3005 of the Solid Waste
7		Disposal Act. The term also does not include (A) materials
8		recovery facilities (including primary or secondary smelters)
9		which combust waste for the primary purpose of recovering
10		metals, (B) qualifying small power production facilities, as
11		defined in Section 3(17)(C) of the Federal Power Act (16 U.S.C.
12		769(17)(C)), or qualifying cogeneration facilities, as defined
13		in Section 3(18)(B) of the Federal Power Act (16 U.S.C.
14		796(18)(B)), which burn homogeneous waste (such as units which
15		burn tires or used oil, but not including refuse-derived fuel)
16		for the production of electric energy or in the case of
17		qualifying cogeneration facilities which burn homogeneous
18		waste for the production of electric energy and steam or forms
19		of useful energy (such as heat) which are used for industrial,
20		commercial, heating or cooling purposes, or (C) air curtain
21		incinerators provided that such incinerators only burn wood
22		wastes, yard waste and clean lumber and that such air curtain
23		incinerators comply with opacity limitations to be established
24		by the USEPA by rule.
25		"Source" means any stationary source (or any group of
26		stationary sources) that are located on one or more contiguous
27		or adjacent properties that are under common control of the
28		same person (or persons under common control) and that belongs
29		to a single major industrial grouping. For the purposes of
30		defining "source," a stationary source or group of stationary
31		sources shall be considered part of a single major industrial
32		grouping if all of the pollutant emitting activities at such
33		source or group of sources located on contiguous or adjacent
34		properties and under common control belong to the same Major
35		Group (i.e., all have the same two-digit code) as described in
36		the Standard Industrial Classification Manual, 1987, or such

1		pollutant emitting activities at a stationary source (or group
2		of stationary sources) located on contiguous or adjacent
3		properties and under common control constitute a support
4		facility. The determination as to whether any group of
5		stationary sources are located on contiguous or adjacent
6		properties, and/or are under common control, and/or whether the
7		pollutant emitting activities at such group of stationary
8		sources constitute a support facility shall be made on a case
9		by case basis.
10		"Stationary source" means any building, structure,
11		facility, or installation that emits or may emit any regulated
12		air pollutant or any pollutant listed under Section 112(b) of
13		the Clean Air Act.
14		"Support facility" means any stationary source (or group of
15		stationary sources) that conveys, stores, or otherwise assists
16		to a significant extent in the production of a principal
17		product at another stationary source (or group of stationary
18		sources). A support facility shall be considered to be part of
19		the same source as the stationary source (or group of
20		stationary sources) that it supports regardless of the 2-digit
21		Standard Industrial Classification code for the support
22		facility.
23		"USEPA" means the Administrator of the United States
24		Environmental Protection Agency (USEPA) or a person designated
25		by the Administrator.
26		1.1. Exclusion From the CAAPP.
27		a. An owner or operator of a source which determines
28		that the source could be excluded from the CAAPP may seek
29		such exclusion prior to the date that the CAAPP application
30		for the source is due but in no case later than 9 months
31		after the effective date of the CAAPP through the
32		imposition of federally enforceable conditions limiting
33		the "potential to emit" of the source to a level below the
34		major source threshold for that source as described in
35		paragraph 2(c) of this Section, within a State operating

1		permit issued pursuant to Section 39(a) of this Act. After
2		such date, an exclusion from the CAAPP may be sought under
3		paragraph 3(c) of this Section.
4		b. An owner or operator of a source seeking exclusion
5		from the CAAPP pursuant to paragraph (a) of this subsection
6		must submit a permit application consistent with the
7		existing State permit program which specifically requests
8		such exclusion through the imposition of such federally
9		enforceable conditions.
10		c. Upon such request, if the Agency determines that the
11		owner or operator of a source has met the requirements for
12		exclusion pursuant to paragraph (a) of this subsection and
13		other applicable requirements for permit issuance under
14		Section 39(a) of this Act, the Agency shall issue a State
15		operating permit for such source under Section 39(a) of
16		this Act, as amended, and regulations promulgated
17		thereunder with federally enforceable conditions limiting
18		the "potential to emit" of the source to a level below the
19		major source threshold for that source as described in
20		paragraph 2(c) of this Section.
21		d. The Agency shall provide an owner or operator of a
22		source which may be excluded from the CAAPP pursuant to
23		this subsection with reasonable notice that the owner or
24		operator may seek such exclusion.
25		e. The Agency shall provide such sources with the
26		necessary permit application forms.
27		2. Applicability.
28		a. Sources subject to this Section shall include:
29		i. Any major source as defined in paragraph (c) of
30		this subsection.
31		ii. Any source subject to a standard or other
32		requirements promulgated under Section 111 (New Source
33		Performance Standards) or Section 112 (Hazardous Air
34		Pollutants) of the Clean Air Act, except that a source
35		is not required to obtain a permit solely because it is

1		subject to regulations or requirements under Section
2		112(r) of the Clean Air Act.
3		iii. Any affected source for acid deposition, as
4		defined in subsection 1 of this Section.
5		iv. Any other source subject to this Section under
6		the Clean Air Act or regulations promulgated
7		thereunder, or applicable Board regulations.
8		b. Sources exempted from this Section shall include:
9		i. All sources listed in paragraph (a) of this
10		subsection which are not major sources, affected
11		sources for acid deposition or solid waste
12		incineration units required to obtain a permit
13		pursuant to Section 129(e) of the Clean Air Act, until
14		the source is required to obtain a CAAPP permit
15		pursuant to the Clean Air Act or regulations
16		promulgated thereunder.
17		ii. Nonmajor sources subject to a standard or other
18		requirements subsequently promulgated by USEPA under
19		Section 111 or 112 of the Clean Air Act which are
20		determined by USEPA to be exempt at the time a new
21		standard is promulgated.
22		iii. All sources and source categories that would
23		be required to obtain a permit solely because they are
24		subject to Part 60, Subpart AAA - Standards of
25		Performance for New Residential Wood Heaters (40 CFR
26		Part 60).
27		iv. All sources and source categories that would be
28		required to obtain a permit solely because they are
29		subject to Part 61, Subpart M - National Emission
30		Standard for Hazardous Air Pollutants for Asbestos,
31		Section 61.145 (40 CFR Part 61).
32		v. Any other source categories exempted by USEPA
33		regulations pursuant to Section 502(a) of the Clean Air
34		Act.
35		c. For purposes of this Section the term "major source"
36		means any source that is:

1		i. A major source under Section 112 of the Clean
2		Air Act, which is defined as:
3		A. For pollutants other than radionuclides,
4		any stationary source or group of stationary
5		sources located within a contiguous area and under
6		common control that emits or has the potential to
7		emit, in the aggregate, 10 tons per year (tpy) or
8		more of any hazardous air pollutant which has been
9		listed pursuant to Section 112(b) of the Clean Air
10		Act, 25 tpy or more of any combination of such
11		hazardous air pollutants, or such lesser quantity
12		as USEPA may establish by rule. Notwithstanding
13		the preceding sentence, emissions from any oil or
14		gas exploration or production well (with its
15		associated equipment) and emissions from any
16		pipeline compressor or pump station shall not be
17		aggregated with emissions from other similar
18		units, whether or not such units are in a
19		contiguous area or under common control, to
20		determine whether such stations are major sources.
21		B. For radionuclides, "major source" shall
22		have the meaning specified by the USEPA by rule.
23		ii. A major stationary source of air pollutants, as
24		defined in Section 302 of the Clean Air Act, that
25		directly emits or has the potential to emit, 100 tpy or
26		more of any air pollutant (including any major source
27		of fugitive emissions of any such pollutant, as
28		determined by rule by USEPA). For purposes of this
29		subsection, "fugitive emissions" means those emissions
30		which could not reasonably pass through a stack,
31		chimney, vent, or other functionally-equivalent
32		opening. The fugitive emissions of a stationary source
33		shall not be considered in determining whether it is a
34		major stationary source for the purposes of Section
35		302(j) of the Clean Air Act, unless the source belongs
36		to one of the following categories of stationary

1		source:
2		A. Coal cleaning plants (with thermal dryers).
3		B. Kraft pulp mills.
4		C. Portland cement plants.
5		D. Primary zinc smelters.
6		E. Iron and steel mills.
7		F. Primary aluminum ore reduction plants.
8		G. Primary copper smelters.
9		H. Municipal incinerators capable of charging
10		more than 250 tons of refuse per day.
11		I. Hydrofluoric, sulfuric, or nitric acid
12		plants.
13		J. Petroleum refineries.
14		K. Lime plants.
15		L. Phosphate rock processing plants.
16		M. Coke oven batteries.
17		N. Sulfur recovery plants.
18		O. Carbon black plants (furnace process).
19		P. Primary lead smelters.
20		Q. Fuel conversion plants.
21		R. Sintering plants.
22		S. Secondary metal production plants.
23		T. Chemical process plants.
24		U. Fossil-fuel boilers (or combination
25		thereof) totaling more than 250 million British
26		thermal units per hour heat input.
27		V. Petroleum storage and transfer units with a
28		total storage capacity exceeding 300,000 barrels.
29		W. Taconite ore processing plants.
30		X. Glass fiber processing plants.
31		Y. Charcoal production plants.
32		Z. Fossil fuel-fired steam electric plants of
33		more than 250 million British thermal units per
34		hour heat input.
35		AA. All other stationary source categories
36		regulated by a standard promulgated under Section

1		111 or 112 of the Clean Air Act, but only with
2		respect to those air pollutants that have been
3		regulated for that category.
4		BB. Any other stationary source category
5		designated by USEPA by rule.
6		iii. A major stationary source as defined in part D
7		of Title I of the Clean Air Act including:
8		A. For ozone nonattainment areas, sources with
9		the potential to emit 100 tons or more per year of
10		volatile organic compounds or oxides of nitrogen
11		in areas classified as "marginal" or "moderate",
12		50 tons or more per year in areas classified as
13		"serious", 25 tons or more per year in areas
14		classified as "severe", and 10 tons or more per
15		year in areas classified as "extreme"; except that
16		the references in this clause to 100, 50, 25, and
17		10 tons per year of nitrogen oxides shall not apply
18		with respect to any source for which USEPA has made
19		a finding, under Section 182(f)(1) or (2) of the
20		Clean Air Act, that requirements otherwise
21		applicable to such source under Section 182(f) of
22		the Clean Air Act do not apply. Such sources shall
23		remain subject to the major source criteria of
24		paragraph 2(c)(ii) of this subsection.
25		B. For ozone transport regions established
26		pursuant to Section 184 of the Clean Air Act,
27		sources with the potential to emit 50 tons or more
28		per year of volatile organic compounds (VOCs).
29		C. For carbon monoxide nonattainment areas (1)
30		that are classified as "serious", and (2) in which
31		stationary sources contribute significantly to
32		carbon monoxide levels as determined under rules
33		issued by USEPA, sources with the potential to emit
34		50 tons or more per year of carbon monoxide.
35		D. For particulate matter (PM-10)
36		nonattainment areas classified as "serious",

1		sources with the potential to emit 70 tons or more
2		per year of PM-10.
3		3. Agency Authority To Issue CAAPP Permits and Federally
4		Enforceable State Operating Permits.
5		a. The Agency shall issue CAAPP permits under this
6		Section consistent with the Clean Air Act and regulations
7		promulgated thereunder and this Act and regulations
8		promulgated thereunder.
9		b. The Agency shall issue CAAPP permits for fixed terms
10		of 5 years, except CAAPP permits issued for solid waste
11		incineration units combusting municipal waste which shall
12		be issued for fixed terms of 12 years and except CAAPP
13		permits for affected sources for acid deposition which
14		shall be issued for initial terms to expire on December 31,
15		1999, and for fixed terms of 5 years thereafter.
16		c. The Agency shall have the authority to issue a State
17		operating permit for a source under Section 39(a) of this
18		Act, as amended, and regulations promulgated thereunder,
19		which includes federally enforceable conditions limiting
20		the "potential to emit" of the source to a level below the
21		major source threshold for that source as described in
22		paragraph 2(c) of this Section, thereby excluding the
23		source from the CAAPP, when requested by the applicant
24		pursuant to paragraph 5(u) of this Section. The public
25		notice requirements of this Section applicable to CAAPP
26		permits shall also apply to the initial issuance of permits
27		under this paragraph.
28		d. For purposes of this Act, a permit issued by USEPA
29		under Section 505 of the Clean Air Act, as now and
30		hereafter amended, shall be deemed to be a permit issued by
31		the Agency pursuant to Section 39.5 of this Act.
32		4. Transition.
33		a. An owner or operator of a CAAPP source shall not be
34		required to renew an existing State operating permit for

1		any emission unit at such CAAPP source once a CAAPP
2		application timely submitted prior to expiration of the
3		State operating permit has been deemed complete. For
4		purposes other than permit renewal, the obligation upon the
5		owner or operator of a CAAPP source to obtain a State
6		operating permit is not removed upon submittal of the
7		complete CAAPP permit application. An owner or operator of
8		a CAAPP source seeking to make a modification to a source
9		prior to the issuance of its CAAPP permit shall be required
10		to obtain a construction and/or operating permit as
11		required for such modification in accordance with the State
12		permit program under Section 39(a) of this Act, as amended,
13		and regulations promulgated thereunder. The application
14		for such construction and/or operating permit shall be
15		considered an amendment to the CAAPP application submitted
16		for such source.
17		b. An owner or operator of a CAAPP source shall
18		continue to operate in accordance with the terms and
19		conditions of its applicable State operating permit
20		notwithstanding the expiration of the State operating
21		permit until the source's CAAPP permit has been issued.
22		c. An owner or operator of a CAAPP source shall submit
23		its initial CAAPP application to the Agency no later than
24		12 months after the effective date of the CAAPP. The Agency
25		may request submittal of initial CAAPP applications during
26		this 12 month period according to a schedule set forth
27		within Agency procedures, however, in no event shall the
28		Agency require such submittal earlier than 3 months after
29		such effective date of the CAAPP. An owner or operator may
30		voluntarily submit its initial CAAPP application prior to
31		the date required within this paragraph or applicable
32		procedures, if any, subsequent to the date the Agency
33		submits the CAAPP to USEPA for approval.
34		d. The Agency shall act on initial CAAPP applications
35		in accordance with subsection 5(j) of this Section.
36		e. For purposes of this Section, the term "initial

1		CAAPP application" shall mean the first CAAPP application
2		submitted for a source existing as of the effective date of
3		the CAAPP.
4		f. The Agency shall provide owners or operators of
5		CAAPP sources with at least three months advance notice of
6		the date on which their applications are required to be
7		submitted. In determining which sources shall be subject to
8		early submittal, the Agency shall include among its
9		considerations the complexity of the permit application,
10		and the burden that such early submittal will have on the
11		source.
12		g. The CAAPP permit shall upon becoming effective
13		supersede the State operating permit.
14		h. The Agency shall have the authority to adopt
15		procedural rules, in accordance with the Illinois
16		Administrative Procedure Act, as the Agency deems
17		necessary, to implement this subsection.
18		5. Applications and Completeness.
19		a. An owner or operator of a CAAPP source shall submit
20		its complete CAAPP application consistent with the Act and
21		applicable regulations.
22		b. An owner or operator of a CAAPP source shall submit
23		a single complete CAAPP application covering all emission
24		units at that source.
25		c. To be deemed complete, a CAAPP application must
26		provide all information, as requested in Agency
27		application forms, sufficient to evaluate the subject
28		source and its application and to determine all applicable
29		requirements, pursuant to the Clean Air Act, and
30		regulations thereunder, this Act and regulations
31		thereunder. Such Agency application forms shall be
32		finalized and made available prior to the date on which any
33		CAAPP application is required.
34		d. An owner or operator of a CAAPP source shall submit,
35		as part of its complete CAAPP application, a compliance

1		plan, including a schedule of compliance, describing how
2		each emission unit will comply with all applicable
3		requirements. Any such schedule of compliance shall be
4		supplemental to, and shall not sanction noncompliance
5		with, the applicable requirements on which 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 applicant
10		as to whether a submitted CAAPP application is complete.
11		Unless the Agency notifies the applicant of
12		incompleteness, within 60 days of receipt of the CAAPP
13		application, the application shall be deemed complete. The
14		Agency may request additional information as needed to make
15		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, the
22		Agency may request in writing such information from the
23		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
27		this Section until the Agency takes final action on the
28		submitted CAAPP application, provided, however, where the
29		applicant fails to submit the requested information under
30		paragraph 5(g) within the time frame specified by the
31		Agency, this protection shall cease to apply.
32		i. Any applicant who fails to submit any relevant facts
33		necessary to evaluate the subject source and its CAAPP
34		application or who has submitted incorrect information in a
35		CAAPP application shall, upon becoming aware of such
36		failure or incorrect submittal, submit supplementary facts

1		or correct information to the Agency. In addition, an
2		applicant shall provide to the Agency additional
3		information as necessary to address any requirements which
4		become applicable to the source subsequent to the date the
5		applicant submitted its complete CAAPP application but
6		prior to release of the draft CAAPP permit.
7		j. The Agency shall issue or deny the CAAPP permit
8		within 18 months after the date of receipt of the complete
9		CAAPP application, with the following exceptions: (i)
10		permits for affected sources for acid deposition shall be
11		issued or denied within 6 months after receipt of a
12		complete application in accordance with subsection 17 of
13		this Section; (ii) the Agency shall act on initial CAAPP
14		applications within 24 months after the date of receipt of
15		the complete CAAPP application; (iii) the Agency shall act
16		on complete applications containing early reduction
17		demonstrations under Section 112(i)(5) of the Clean Air Act
18		within 9 months of receipt of the complete CAAPP
19		application.
20		Where the Agency does not take final action on the
21		permit within the required time period, the permit shall
22		not be deemed issued; rather, the failure to act shall be
23		treated as a final permit action for purposes of judicial
24		review pursuant to Sections 40.2 and 41 of this Act.
25		k. The submittal of a complete CAAPP application shall
26		not affect the requirement that any source have a
27		preconstruction permit under Title I of the Clean Air Act.
28		l. Unless a timely and complete renewal application has
29		been submitted consistent with this subsection, a CAAPP
30		source operating upon the expiration of its CAAPP permit
31		shall be deemed to be operating without a CAAPP permit.
32		Such operation is prohibited under this Act.
33		m. Permits being renewed shall be subject to the same
34		procedural requirements, including those for public
35		participation and federal review and objection, that apply
36		to original permit issuance.

1		n. For purposes of permit renewal, a timely application
2		is one that is submitted no less than 9 months prior to the
3		date of permit expiration.
4		o. The terms and conditions of a CAAPP permit shall
5		remain in effect until the issuance of a CAAPP renewal
6		permit provided a timely and complete CAAPP application has
7		been submitted.
8		p. The owner or operator of a CAAPP source seeking a
9		permit shield pursuant to paragraph 7(j) of this Section
10		shall request such permit shield in the CAAPP application
11		regarding that source.
12		q. The Agency shall make available to the public all
13		documents submitted by the applicant to the Agency,
14		including each CAAPP application, compliance plan
15		(including the schedule of compliance), and emissions or
16		compliance monitoring report, with the exception of
17		information entitled to confidential treatment pursuant to
18		Section 7 of this Act.
19		r. The Agency shall use the standardized forms required
20		under Title IV of the Clean Air Act and regulations
21		promulgated thereunder for affected sources for acid
22		deposition.
23		s. An owner or operator of a CAAPP source may include
24		within its CAAPP application a request for permission to
25		operate during a startup, malfunction, or breakdown
26		consistent with applicable Board regulations.
27		t. An owner or operator of a CAAPP source, in order to
28		utilize the operational flexibility provided under
29		paragraph 7(l) of this Section, must request such use and
30		provide the necessary information within its CAAPP
31		application.
32		u. An owner or operator of a CAAPP source which seeks
33		exclusion from the CAAPP through the imposition of
34		federally enforceable conditions, pursuant to paragraph
35		3(c) of this Section, must request such exclusion within a
36		CAAPP application submitted consistent with this

1		subsection on or after the date that the CAAPP application
2		for the source is due. Prior to such date, but in no case
3		later than 9 months after the effective date of the CAAPP,
4		such owner or operator may request the imposition of
5		federally enforceable conditions pursuant to paragraph
6		1.1(b) of this Section.
7		v. CAAPP applications shall contain accurate
8		information on allowable emissions to implement the fee
9		provisions of subsection 18 of this Section.
10		w. An owner or operator of a CAAPP source shall submit
11		within its CAAPP application emissions information
12		regarding all regulated air pollutants emitted at that
13		source consistent with applicable Agency procedures.
14		Emissions information regarding insignificant activities
15		or emission levels, as determined by the Agency pursuant to
16		Board regulations, may be submitted as a list within the
17		CAAPP application. The Agency shall propose regulations to
18		the Board defining insignificant activities or emission
19		levels, consistent with federal regulations, if any, no
20		later than 18 months after the effective date of this
21		amendatory Act of 1992, consistent with Section 112(n)(1)
22		of the Clean Air Act. The Board shall adopt final
23		regulations defining insignificant activities or emission
24		levels no later than 9 months after the date of the
25		Agency's proposal.
26		x. The owner or operator of a new CAAPP source shall
27		submit its complete CAAPP application consistent with this
28		subsection within 12 months after commencing operation of
29		such source. The owner or operator of an existing source
30		that has been excluded from the provisions of this Section
31		under subsection 1.1 or subsection 3(c) of this Section and
32		that becomes subject to the CAAPP solely due to a change in
33		operation at the source shall submit its complete CAAPP
34		application consistent with this subsection at least 180
35		days before commencing operation in accordance with the
36		change in operation.

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

1		the earliest reasonable date, which are or will be required
2		to accomplish the purposes and provisions of this Act and
3		to assure compliance with all applicable requirements.
4		b. The Agency shall include among such conditions
5		applicable monitoring, reporting, record keeping and
6		compliance certification requirements, as authorized by
7		paragraphs d, e, and f of this subsection, that the Agency
8		deems necessary to assure compliance with the Clean Air
9		Act, the regulations promulgated thereunder, this Act, and
10		applicable Board regulations. When monitoring, reporting,
11		record keeping, and compliance certification requirements
12		are specified within the Clean Air Act, regulations
13		promulgated thereunder, this Act, or applicable
14		regulations, such requirements shall be included within
15		the CAAPP permit. The Board shall have authority to
16		promulgate additional regulations where necessary to
17		accomplish the purposes of the Clean Air Act, this Act, and
18		regulations promulgated thereunder.
19		c. The Agency shall assure, within such conditions, the
20		use of terms, test methods, units, averaging periods, and
21		other statistical conventions consistent with the
22		applicable emission limitations, standards, and other
23		requirements contained in the permit.
24		d. To meet the requirements of this subsection with
25		respect to monitoring, the permit shall:
26		i. Incorporate and identify all applicable
27		emissions monitoring and analysis procedures or test
28		methods required under the Clean Air Act, regulations
29		promulgated thereunder, this Act, and applicable Board
30		regulations, including any procedures and methods
31		promulgated by USEPA pursuant to Section 504(b) or
32		Section 114 (a)(3) of the Clean Air Act.
33		ii. Where the applicable requirement does not
34		require periodic testing or instrumental or
35		noninstrumental monitoring (which may consist of
36		recordkeeping designed to serve as monitoring),

1		require periodic monitoring sufficient to yield
2		reliable data from the relevant time period that is
3		representative of the source's compliance with the
4		permit, as reported pursuant to paragraph (f) of this
5		subsection. The Agency may determine that
6		recordkeeping requirements are sufficient to meet the
7		requirements of this subparagraph.
8		iii. As necessary, specify requirements concerning
9		the use, maintenance, and when appropriate,
10		installation of monitoring equipment or methods.
11		e. To meet the requirements of this subsection with
12		respect to record keeping, the permit shall incorporate and
13		identify all applicable recordkeeping requirements and
14		require, where applicable, the following:
15		i. Records of required monitoring information that
16		include the following:
17		A. The date, place and time of sampling or
18		measurements.
19		B. The date(s) analyses were performed.
20		C. The company or entity that performed the
21		analyses.
22		D. The analytical techniques or methods used.
23		E. The results of such analyses.
24		F. The operating conditions as existing at the
25		time of sampling or measurement.
26		ii. Retention of records of all monitoring data
27		and support information for a period of at least 5
28		years from the date of the monitoring sample,
29		measurement, report, or application. Support
30		information includes all calibration and maintenance
31		records, original strip-chart recordings for
32		continuous monitoring instrumentation, and copies of
33		all reports required by the permit.
34		f. To meet the requirements of this subsection with
35		respect to reporting, the permit shall incorporate and
36		identify all applicable reporting requirements and require

1		the following:
2		i. Submittal of reports of any required monitoring
3		every 6 months. More frequent submittals may be
4		requested by the Agency if such submittals are
5		necessary to assure compliance with this Act or
6		regulations promulgated by the Board thereunder. All
7		instances of deviations from permit requirements must
8		be clearly identified in such reports. All required
9		reports must be certified by a responsible official
10		consistent with subsection 5 of this Section.
11		ii. Prompt reporting of deviations from permit
12		requirements, including those attributable to upset
13		conditions as defined in the permit, the probable cause
14		of such deviations, and any corrective actions or
15		preventive measures taken.
16		g. Each CAAPP permit issued under subsection 10 of this
17		Section shall include a condition prohibiting emissions
18		exceeding any allowances that the source lawfully holds
19		under Title IV of the Clean Air Act or the regulations
20		promulgated thereunder, consistent with subsection 17 of
21		this Section and applicable regulations, if any.
22		h. All CAAPP permits shall state that, where another
23		applicable requirement of the Clean Air Act is more
24		stringent than any applicable requirement of regulations
25		promulgated under Title IV of the Clean Air Act, both
26		provisions shall be incorporated into the permit and shall
27		be State and federally enforceable.
28		i. Each CAAPP permit issued under subsection 10 of this
29		Section shall include a severability clause to ensure the
30		continued validity of the various permit requirements in
31		the event of a challenge to any portions of the permit.
32		j. The following shall apply with respect to owners or
33		operators requesting a permit shield:
34		i. The Agency shall include in a CAAPP permit, when
35		requested by an applicant pursuant to paragraph 5(p) of
36		this Section, a provision stating that compliance with

1		the conditions of the permit shall be deemed compliance
2		with applicable requirements which are applicable as
3		of the date of release of the proposed permit, provided
4		that:
5		A. The applicable requirement is specifically
6		identified within the permit; or
7		B. The Agency in acting on the CAAPP
8		application or revision determines in writing that
9		other requirements specifically identified are not
10		applicable to the source, and the permit includes
11		that determination or a concise summary thereof.
12		ii. The permit shall identify the requirements for
13		which the source is shielded. The shield shall not
14		extend to applicable requirements which are
15		promulgated after the date of release of the proposed
16		permit unless the permit has been modified to reflect
17		such new requirements.
18		iii. A CAAPP permit which does not expressly
19		indicate the existence of a permit shield shall not
20		provide such a shield.
21		iv. Nothing in this paragraph or in a CAAPP permit
22		shall alter or affect the following:
23		A. The provisions of Section 303 (emergency
24		powers) of the Clean Air Act, including USEPA's
25		authority under that section.
26		B. The liability of an owner or operator of a
27		source for any violation of applicable
28		requirements prior to or at the time of permit
29		issuance.
30		C. The applicable requirements of the acid
31		rain program consistent with Section 408(a) of the
32		Clean Air Act.
33		D. The ability of USEPA to obtain information
34		from a source pursuant to Section 114
35		(inspections, monitoring, and entry) of the Clean
36		Air Act.

1		k. Each CAAPP permit shall include an emergency
2		provision providing an affirmative defense of emergency to
3		an action brought for noncompliance with technology-based
4		emission limitations under a CAAPP permit if the following
5		conditions are met through properly signed,
6		contemporaneous operating logs, or other relevant
7		evidence:
8		i. An emergency occurred and the permittee can
9		identify the cause(s) of the emergency.
10		ii. The permitted facility was at the time being
11		properly operated.
12		iii. The permittee submitted notice of the
13		emergency to the Agency within 2 working days of the
14		time when emission limitations were exceeded due to the
15		emergency. This notice must contain a detailed
16		description of the emergency, any steps taken to
17		mitigate emissions, and corrective actions taken.
18		iv. During the period of the emergency the
19		permittee took all reasonable steps to minimize levels
20		of emissions that exceeded the emission limitations,
21		standards, or requirements in the permit.
22		For purposes of this subsection, "emergency" means any
23		situation arising from sudden and reasonably unforeseeable
24		events beyond the control of the source, such as an act of
25		God, that requires immediate corrective action to restore
26		normal operation, and that causes the source to exceed a
27		technology-based emission limitation under the permit, due
28		to unavoidable increases in emissions attributable to the
29		emergency. An emergency shall not include noncompliance to
30		the extent caused by improperly designed equipment, lack of
31		preventative maintenance, careless or improper operation,
32		or operation error.
33		In any enforcement proceeding, the permittee seeking
34		to establish the occurrence of an emergency has the burden
35		of proof. This provision is in addition to any emergency or
36		upset provision contained in any applicable requirement.

1		This provision does not relieve a permittee of any
2		reporting obligations under existing federal or state laws
3		or regulations.
4		l. The Agency shall include in each permit issued under
5		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		7(j) of this Section shall extend to all terms and
18		conditions under each such operating scenario.
19		ii. Where requested by an applicant, all terms and
20		conditions allowing for trading of emissions increases
21		and decreases between different emission units at the
22		CAAPP source, to the extent that the applicable
23		requirements provide for trading of such emissions
24		increases and decreases without a case-by-case
25		approval of each emissions trade. Such terms and
26		conditions:
27		A. Shall include all terms required under this
28		subsection to determine compliance;
29		B. Must meet all applicable requirements;
30		C. Shall extend the permit shield described in
31		paragraph 7(j) of this Section to all terms and
32		conditions that allow such increases and decreases
33		in emissions.
34		m. The Agency shall specifically designate as not being
35		federally enforceable under the Clean Air Act any terms and
36		conditions included in the permit that are not specifically

1		required under the Clean Air Act or federal regulations
2		promulgated thereunder. Terms or conditions so designated
3		shall be subject to all applicable state requirements,
4		except the requirements of subsection 7 (other than this
5		paragraph, paragraph q of subsection 7, subsections 8
6		through 11, and subsections 13 through 16 of this Section.
7		The Agency shall, however, include such terms and
8		conditions in the CAAPP permit issued to the source.
9		n. Each CAAPP permit issued under subsection 10 of this
10		Section shall specify and reference the origin of and
11		authority for each term or condition, and identify any
12		difference in form as compared to the applicable
13		requirement upon which the term or condition is based.
14		o. Each CAAPP permit issued under subsection 10 of this
15		Section shall include provisions stating the following:
16		i. Duty to comply. The permittee must comply with
17		all terms and conditions of the CAAPP permit. Any
18		permit noncompliance constitutes a violation of the
19		Clean Air Act and the Act, and is grounds for any or
20		all of the following: enforcement action; permit
21		termination, revocation and reissuance, or
22		modification; or denial of a permit renewal
23		application.
24		ii. Need to halt or reduce activity not a defense.
25		It shall not be a defense for a permittee in an
26		enforcement action that it would have been necessary to
27		halt or reduce the permitted activity in order to
28		maintain compliance with the conditions of this
29		permit.
30		iii. Permit actions. The permit may be modified,
31		revoked, reopened, and reissued, or terminated for
32		cause in accordance with the applicable subsections of
33		Section 39.5 of this Act. The filing of a request by
34		the permittee for a permit modification, revocation
35		and reissuance, or termination, or of a notification of
36		planned changes or anticipated noncompliance does not

1		stay any permit condition.
2		iv. Property rights. The permit does not convey any
3		property rights of any sort, or any exclusive
4		privilege.
5		v. Duty to provide information. The permittee
6		shall furnish to the Agency within a reasonable time
7		specified by the Agency any information that the Agency
8		may request in writing to determine whether cause
9		exists for modifying, revoking and reissuing, or
10		terminating the permit or to determine compliance with
11		the permit. Upon request, the permittee shall also
12		furnish to the Agency copies of records required to be
13		kept by the permit or, for information claimed to be
14		confidential, the permittee may furnish such records
15		directly to USEPA along with a claim of
16		confidentiality.
17		vi. Duty to pay fees. The permittee must pay fees
18		to the Agency consistent with the fee schedule approved
19		pursuant to subsection 18 of this Section, and submit
20		any information relevant thereto.
21		vii. Emissions trading. No permit revision shall
22		be required for increases in emissions allowed under
23		any approved economic incentives, marketable permits,
24		emissions trading, and other similar programs or
25		processes for changes that are provided for in the
26		permit and that are authorized by the applicable
27		requirement.
28		p. Each CAAPP permit issued under subsection 10 of this
29		Section shall contain the following elements with respect
30		to compliance:
31		i. Compliance certification, testing, monitoring,
32		reporting, and record keeping requirements sufficient
33		to assure compliance with the terms and conditions of
34		the permit. Any document (including reports) required
35		by a CAAPP permit shall contain a certification by a
36		responsible official that meets the requirements of

1		subsection 5 of this Section and applicable
2		regulations.
3		ii. Inspection and entry requirements that
4		necessitate that, upon presentation of credentials and
5		other documents as may be required by law and in
6		accordance with constitutional limitations, the
7		permittee shall allow the Agency, or an authorized
8		representative to perform the following:
9		A. Enter upon the permittee's premises where a
10		CAAPP source is located or emissions-related
11		activity is conducted, or where records must be
12		kept under the conditions of the permit.
13		B. Have access to and copy, at reasonable
14		times, any records that must be kept under the
15		conditions of the permit.
16		C. Inspect at reasonable times any facilities,
17		equipment (including monitoring and air pollution
18		control equipment), practices, or operations
19		regulated or required under the permit.
20		D. Sample or monitor any substances or
21		parameters at any location:
22		1. As authorized by the Clean Air Act, at
23		reasonable times, for the purposes of assuring
24		compliance with the CAAPP permit or applicable
25		requirements; or
26		2. As otherwise authorized by this Act.
27		iii. A schedule of compliance consistent with
28		subsection 5 of this Section and applicable
29		regulations.
30		iv. Progress reports consistent with an applicable
31		schedule of compliance pursuant to paragraph 5(d) of
32		this Section and applicable regulations to be
33		submitted semiannually, or more frequently if the
34		Agency determines that such more frequent submittals
35		are necessary for compliance with the Act or
36		regulations promulgated by the Board thereunder. Such

1		progress reports shall contain the following:
2		A. Required dates for achieving the
3		activities, milestones, or compliance required by
4		the schedule of compliance and dates when such
5		activities, milestones or compliance were
6		achieved.
7		B. An explanation of why any dates in the
8		schedule of compliance were not or will not be met,
9		and any preventive or corrective measures adopted.
10		v. Requirements for compliance certification with
11		terms and conditions contained in the permit,
12		including emission limitations, standards, or work
13		practices. Permits shall include each of the
14		following:
15		A. The frequency (annually or more frequently
16		as specified in any applicable requirement or by
17		the Agency pursuant to written procedures) of
18		submissions of compliance certifications.
19		B. A means for assessing or monitoring the
20		compliance of the source with its emissions
21		limitations, standards, and work practices.
22		C. A requirement that the compliance
23		certification include the following:
24		1. The identification of each term or
25		condition contained in the permit that is the
26		basis of the certification.
27		2. The compliance status.
28		3. Whether compliance was continuous or
29		intermittent.
30		4. The method(s) used for determining the
31		compliance status of the source, both
32		currently and over the reporting period
33		consistent with subsection 7 of Section 39.5 of
34		the Act.
35		D. A requirement that all compliance
36		certifications be submitted to USEPA as well as to

1		the Agency.
2		E. Additional requirements as may be specified
3		pursuant to Sections 114(a)(3) and 504(b) of the
4		Clean Air Act.
5		F. Other provisions as the Agency may require.
6		q. If the owner or operator of CAAPP source can
7		demonstrate in its CAAPP application, including an
8		application for a significant modification, that an
9		alternative emission limit would be equivalent to that
10		contained in the applicable Board regulations, the Agency
11		shall include the alternative emission limit in the CAAPP
12		permit, which shall supersede the emission limit set forth
13		in the applicable Board regulations, and shall include
14		conditions that insure that the resulting emission limit is
15		quantifiable, accountable, enforceable, and based on
16		replicable procedures.
17		8. Public Notice; Affected State Review.
18		a. The Agency shall provide notice to the public,
19		including an opportunity for public comment and a hearing,
20		on each draft CAAPP permit for issuance, renewal or
21		significant modification, subject to Sections 7(a) and 7.1
22		of this Act.
23		b. The Agency shall prepare a draft CAAPP permit and a
24		statement that sets forth the legal and factual basis for
25		the draft CAAPP permit conditions, including references to
26		the applicable statutory or regulatory provisions. The
27		Agency shall provide this statement to any person who
28		requests it.
29		c. The Agency shall give notice of each draft CAAPP
30		permit to the applicant and to any affected State on or
31		before the time that the Agency has provided notice to the
32		public, except as otherwise provided in this Act.
33		d. The Agency, as part of its submittal of a proposed
34		permit to USEPA (or as soon as possible after the submittal
35		for minor permit modification procedures allowed under
36		subsection 14 of this Section), shall notify USEPA and any

1		affected State in writing of any refusal of the Agency to
2		accept all of the recommendations for the proposed permit
3		that an affected State submitted during the public or
4		affected State review period. The notice shall include the
5		Agency's reasons for not accepting the recommendations.
6		The Agency is not required to accept recommendations that
7		are not based on applicable requirements or the
8		requirements of this Section.
9		e. The Agency shall make available to the public any
10		CAAPP permit application, compliance plan (including the
11		schedule of compliance), CAAPP permit, and emissions or
12		compliance monitoring report. If an owner or operator of a
13		CAAPP source is required to submit information entitled to
14		protection from disclosure under Section 7(a) or Section
15		7.1 of this Act, the owner or operator shall submit such
16		information separately. The requirements of Section 7(a)
17		or Section 7.1 of this Act shall apply to such information,
18		which shall not be included in a CAAPP permit unless
19		required by law. The contents of a CAAPP permit shall not
20		be entitled to protection under Section 7(a) or Section 7.1
21		of this Act.
22		f. The Agency shall have the authority to adopt
23		procedural rules, in accordance with the Illinois
24		Administrative Procedure Act, as the Agency deems
25		necessary, to implement this subsection.
26		9. USEPA Notice and Objection.
27		a. The Agency shall provide to USEPA for its review a
28		copy of each CAAPP application (including any application
29		for permit modification), statement of basis as provided in
30		paragraph 8(b) of this Section, proposed CAAPP permit,
31		CAAPP permit, and, if the Agency does not incorporate any
32		affected State's recommendations on a proposed CAAPP
33		permit, a written statement of this decision and its
34		reasons for not accepting the recommendations, except as
35		otherwise provided in this Act or by agreement with USEPA.

1		To the extent practicable, the preceding information shall
2		be provided in computer readable format compatible with
3		USEPA's national database management system.
4		b. The Agency shall not issue the proposed CAAPP permit
5		if USEPA objects in writing within 45 days of receipt of
6		the proposed CAAPP permit and all necessary supporting
7		information.
8		c. If USEPA objects in writing to the issuance of the
9		proposed CAAPP permit within the 45-day period, the Agency
10		shall respond in writing and may revise and resubmit the
11		proposed CAAPP permit in response to the stated objection,
12		to the extent supported by the record, within 90 days after
13		the date of the objection. Prior to submitting a revised
14		permit to USEPA, the Agency shall provide the applicant and
15		any person who participated in the public comment process,
16		pursuant to subsection 8 of this Section, with a 10-day
17		period to comment on any revision which the Agency is
18		proposing to make to the permit in response to USEPA's
19		objection in accordance with Agency procedures.
20		d. Any USEPA objection under this subsection,
21		according to the Clean Air Act, will include a statement of
22		reasons for the objection and a description of the terms
23		and conditions that must be in the permit, in order to
24		adequately respond to the objections. Grounds for a USEPA
25		objection include the failure of the Agency to: (1) submit
26		the items and notices required under this subsection; (2)
27		submit any other information necessary to adequately
28		review the proposed CAAPP permit; or (3) process the permit
29		under subsection 8 of this Section except for minor permit
30		modifications.
31		e. If USEPA does not object in writing to issuance of a
32		permit under this subsection, any person may petition USEPA
33		within 60 days after expiration of the 45-day review period
34		to make such objection.
35		f. If the permit has not yet been issued and USEPA
36		objects to the permit as a result of a petition, the Agency

1		shall not issue the permit until USEPA's objection has been
2		resolved. The Agency shall provide a 10-day comment period
3		in accordance with paragraph c of this subsection. A
4		petition does not, however, stay the effectiveness of a
5		permit or its requirements if the permit was issued after
6		expiration of the 45-day review period and prior to a USEPA
7		objection.
8		g. If the Agency has issued a permit after expiration
9		of the 45-day review period and prior to receipt of a USEPA
10		objection under this subsection in response to a petition
11		submitted pursuant to paragraph e of this subsection, the
12		Agency may, upon receipt of an objection from USEPA, revise
13		and resubmit the permit to USEPA pursuant to this
14		subsection after providing a 10-day comment period in
15		accordance with paragraph c of this subsection. If the
16		Agency fails to submit a revised permit in response to the
17		objection, USEPA shall modify, terminate or revoke the
18		permit. In any case, the source will not be in violation of
19		the requirement to have submitted a timely and complete
20		application.
21		h. The Agency shall have the authority to adopt
22		procedural rules, in accordance with the Illinois
23		Administrative Procedure Act, as the Agency deems
24		necessary, to implement this subsection.
25		10. Final Agency Action.
26		a. The Agency shall issue a CAAPP permit, permit
27		modification, or permit renewal if all of the following
28		conditions are met:
29		i. The applicant has submitted a complete and
30		certified application for a permit, permit
31		modification, or permit renewal consistent with
32		subsections 5 and 14 of this Section, as applicable,
33		and applicable regulations.
34		ii. The applicant has submitted with its complete
35		application an approvable compliance plan, including a

1		schedule for achieving compliance, consistent with
2		subsection 5 of this Section and applicable
3		regulations.
4		iii. The applicant has timely paid the fees
5		required pursuant to subsection 18 of this Section and
6		applicable regulations.
7		iv. The Agency has received a complete CAAPP
8		application and, if necessary, has requested and
9		received additional information from the applicant
10		consistent with subsection 5 of this Section and
11		applicable regulations.
12		v. The Agency has complied with all applicable
13		provisions regarding public notice and affected State
14		review consistent with subsection 8 of this Section and
15		applicable regulations.
16		vi. The Agency has provided a copy of each CAAPP
17		application, or summary thereof, pursuant to agreement
18		with USEPA and proposed CAAPP permit required under
19		subsection 9 of this Section to USEPA, and USEPA has
20		not objected to the issuance of the permit in
21		accordance with the Clean Air Act and 40 CFR Part 70.
22		b. The Agency shall have the authority to deny a CAAPP
23		permit, permit modification, or permit renewal if the
24		applicant has not complied with the requirements of
25		paragraphs (a)(i)-(a)(iv) of this subsection or if USEPA
26		objects to its issuance.
27		c. i. Prior to denial of a CAAPP permit, permit
28		modification, or permit renewal under this Section,
29		the Agency shall notify the applicant of the possible
30		denial and the reasons for the denial.
31		ii. Within such notice, the Agency shall specify an
32		appropriate date by which the applicant shall
33		adequately respond to the Agency's notice. Such date
34		shall not exceed 15 days from the date the notification
35		is received by the applicant. The Agency may grant a
36		reasonable extension for good cause shown.

1		iii. Failure by the applicant to adequately
2		respond by the date specified in the notification or by
3		any granted extension date shall be grounds for denial
4		of the permit.
5		For purposes of obtaining judicial review under
6		Sections 40.2 and 41 of this Act, the Agency shall
7		provide to USEPA and each applicant, and, upon request,
8		to affected States, any person who participated in the
9		public comment process, and any other person who could
10		obtain judicial review under Sections 40.2 and 41 of
11		this Act, a copy of each CAAPP permit or notification
12		of denial pertaining to that party.
13		d. The Agency shall have the authority to adopt
14		procedural rules, in accordance with the Illinois
15		Administrative Procedure Act, as the Agency deems
16		necessary, to implement this subsection.
17		11. General Permits.
18		a. The Agency may issue a general permit covering
19		numerous similar sources, except for affected sources for
20		acid deposition unless otherwise provided in regulations
21		promulgated under Title IV of the Clean Air Act.
22		b. The Agency shall identify, in any general permit,
23		criteria by which sources may qualify for the general
24		permit.
25		c. CAAPP sources that would qualify for a general
26		permit must apply for coverage under the terms of the
27		general permit or must apply for a CAAPP permit consistent
28		with subsection 5 of this Section and applicable
29		regulations.
30		d. The Agency shall comply with the public comment and
31		hearing provisions of this Section as well as the USEPA and
32		affected State review procedures prior to issuance of a
33		general permit.
34		e. When granting a subsequent request by a qualifying
35		CAAPP source for coverage under the terms of a general

1		permit, the Agency shall not be required to repeat the
2		public notice and comment procedures. The granting of such
3		request shall not be considered a final permit action for
4		purposes of judicial review.
5		f. The Agency may not issue a general permit to cover
6		any discrete emission unit at a CAAPP source if another
7		CAAPP permit covers emission units at the source.
8		g. The Agency shall have the authority to adopt
9		procedural rules, in accordance with the Illinois
10		Administrative Procedure Act, as the Agency deems
11		necessary, to implement this subsection.
12		12. Operational Flexibility.
13		a. An owner or operator of a CAAPP source may make
14		changes at the CAAPP source without requiring a prior
15		permit revision, consistent with subparagraphs (a) (i)
16		through (a) (iii) of this subsection, so long as the
17		changes are not modifications under any provision of Title
18		I of the Clean Air Act and they do not exceed the emissions
19		allowable under the permit (whether expressed therein as a
20		rate of emissions or in terms of total emissions), provided
21		that the owner or operator of the CAAPP source provides
22		USEPA and the Agency with written notification as required
23		below in advance of the proposed changes, which shall be a
24		minimum of 7 days, unless otherwise provided by the Agency
25		in applicable regulations regarding emergencies. The owner
26		or operator of a CAAPP source and the Agency shall each
27		attach such notice to their copy of the relevant permit.
28		i. An owner or operator of a CAAPP source may make
29		Section 502 (b) (10) changes without a permit revision,
30		if the changes are not modifications under any
31		provision of Title I of the Clean Air Act and the
32		changes do not exceed the emissions allowable under the
33		permit (whether expressed therein as a rate of
34		emissions or in terms of total emissions).
35		A. For each such change, the written

1		notification required above shall include a brief
2		description of the change within the source, the
3		date on which the change will occur, any change in
4		emissions, and any permit term or condition that is
5		no longer applicable as a result of the change.
6		B. The permit shield described in paragraph
7		7(j) of this Section shall not apply to any change
8		made pursuant to this subparagraph.
9		ii. An owner or operator of a CAAPP source may
10		trade increases and decreases in emissions in the CAAPP
11		source, where the applicable implementation plan
12		provides for such emission trades without requiring a
13		permit revision. This provision is available in those
14		cases where the permit does not already provide for
15		such emissions trading.
16		A. Under this subparagraph (a)(ii), the
17		written notification required above shall include
18		such information as may be required by the
19		provision in the applicable implementation plan
20		authorizing the emissions trade, including at a
21		minimum, when the proposed changes will occur, a
22		description of each such change, any change in
23		emissions, the permit requirements with which the
24		source will comply using the emissions trading
25		provisions of the applicable implementation plan,
26		and the pollutants emitted subject to the
27		emissions trade. The notice shall also refer to the
28		provisions in the applicable implementation plan
29		with which the source will comply and provide for
30		the emissions trade.
31		B. The permit shield described in paragraph
32		7(j) of this Section shall not apply to any change
33		made pursuant to this subparagraph (a) (ii).
34		Compliance with the permit requirements that the
35		source will meet using the emissions trade shall be
36		determined according to the requirements of the

1		applicable implementation plan authorizing the
2		emissions trade.
3		iii. If requested within a CAAPP application, the
4		Agency shall issue a CAAPP permit which contains terms
5		and conditions, including all terms required under
6		subsection 7 of this Section to determine compliance,
7		allowing for the trading of emissions increases and
8		decreases at the CAAPP source solely for the purpose of
9		complying with a federally-enforceable emissions cap
10		that is established in the permit independent of
11		otherwise applicable requirements. The owner or
12		operator of a CAAPP source shall include in its CAAPP
13		application proposed replicable procedures and permit
14		terms that ensure the emissions trades are
15		quantifiable and enforceable. The permit shall also
16		require compliance with all applicable requirements.
17		A. Under this subparagraph (a)(iii), the
18		written notification required above shall state
19		when the change will occur and shall describe the
20		changes in emissions that will result and how these
21		increases and decreases in emissions will comply
22		with the terms and conditions of the permit.
23		B. The permit shield described in paragraph
24		7(j) of this Section shall extend to terms and
25		conditions that allow such increases and decreases
26		in emissions.
27		b. An owner or operator of a CAAPP source may make
28		changes that are not addressed or prohibited by the permit,
29		other than those which are subject to any requirements
30		under Title IV of the Clean Air Act or are modifications
31		under any provisions of Title I of the Clean Air Act,
32		without a permit revision, in accordance with the following
33		requirements:
34		(i) Each such change shall meet all applicable
35		requirements and shall not violate any existing permit
36		term or condition;

1		(ii) Sources must provide contemporaneous written
2		notice to the Agency and USEPA of each such change,
3		except for changes that qualify as insignificant under
4		provisions adopted by the Agency or the Board. Such
5		written notice shall describe each such change,
6		including the date, any change in emissions,
7		pollutants emitted, and any applicable requirement
8		that would apply as a result of the change;
9		(iii) The change shall not qualify for the shield
10		described in paragraph 7(j) of this Section; and
11		(iv) The permittee shall keep a record describing
12		changes made at the source that result in emissions of
13		a regulated air pollutant subject to an applicable
14		Clean Air Act requirement, but not otherwise regulated
15		under the permit, and the emissions resulting from
16		those changes.
17		c. 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		13. Administrative Permit Amendments.
22		a. The Agency shall take final action on a request for
23		an administrative permit amendment within 60 days of
24		receipt of the request. Neither notice nor an opportunity
25		for public and affected State comment shall be required for
26		the Agency to incorporate such revisions, provided it
27		designates the permit revisions as having been made
28		pursuant to this subsection.
29		b. The Agency shall submit a copy of the revised permit
30		to USEPA.
31		c. For purposes of this Section the term
32		"administrative permit amendment" shall be defined as a
33		permit revision that can accomplish one or more of the
34		changes described below:
35		i. Corrects typographical errors;

1		ii. Identifies a change in the name, address, or
2		phone number of any person identified in the permit, or
3		provides a similar minor administrative change at the
4		source;
5		iii. Requires more frequent monitoring or
6		reporting by the permittee;
7		iv. Allows for a change in ownership or operational
8		control of a source where the Agency determines that no
9		other change in the permit is necessary, provided that
10		a written agreement containing a specific date for
11		transfer of permit responsibility, coverage, and
12		liability between the current and new permittees has
13		been submitted to the Agency;
14		v. Incorporates into the CAAPP permit the
15		requirements from preconstruction review permits
16		authorized under a USEPA-approved program, provided
17		the program meets procedural and compliance
18		requirements substantially equivalent to those
19		contained in this Section;
20		vi. (Blank); or
21		vii. Any other type of change which USEPA has
22		determined as part of the approved CAAPP permit program
23		to be similar to those included in this subsection.
24		d. The Agency shall, upon taking final action granting
25		a request for an administrative permit amendment, allow
26		coverage by the permit shield in paragraph 7(j) of this
27		Section for administrative permit amendments made pursuant
28		to subparagraph (c)(v) of this subsection which meet the
29		relevant requirements for significant permit
30		modifications.
31		e. Permit revisions and modifications, including
32		administrative amendments and automatic amendments
33		(pursuant to Sections 408(b) and 403(d) of the Clean Air
34		Act or regulations promulgated thereunder), for purposes
35		of the acid rain portion of the permit shall be governed by
36		the regulations promulgated under Title IV of the Clean Air

1		Act. Owners or operators of affected sources for acid
2		deposition shall have the flexibility to amend their
3		compliance plans as provided in the regulations
4		promulgated under Title IV of the Clean Air Act.
5		f. The CAAPP source may implement the changes addressed
6		in the request for an administrative permit amendment
7		immediately upon submittal of the request.
8		g. The Agency shall have the authority to adopt
9		procedural rules, in accordance with the Illinois
10		Administrative Procedure Act, as the Agency deems
11		necessary, to implement this subsection.
12		14. Permit Modifications.
13		a. Minor permit modification procedures.
14		i. The Agency shall review a permit modification
15		using the "minor permit" modification procedures only
16		for those permit modifications that:
17		A. Do not violate any applicable requirement;
18		B. Do not involve significant changes to
19		existing monitoring, reporting, or recordkeeping
20		requirements in the permit;
21		C. Do not require a case-by-case determination
22		of an emission limitation or other standard, or a
23		source-specific determination of ambient impacts,
24		or a visibility or increment analysis;
25		D. Do not seek to establish or change a permit
26		term or condition for which there is no
27		corresponding underlying requirement and which
28		avoids an applicable requirement to which the
29		source would otherwise be subject. Such terms and
30		conditions include:
31		1. A federally enforceable emissions cap
32		assumed to avoid classification as a
33		modification under any provision of Title I of
34		the Clean Air Act; and
35		2. An alternative emissions limit approved

1		pursuant to regulations promulgated under
2		Section 112(i)(5) of the Clean Air Act;
3		E. Are not modifications under any provision
4		of Title I of the Clean Air Act; and
5		F. Are not required to be processed as a
6		significant modification.
7		ii. Notwithstanding subparagraphs (a)(i) and
8		(b)(ii) of this subsection, minor permit modification
9		procedures may be used for permit modifications
10		involving the use of economic incentives, marketable
11		permits, emissions trading, and other similar
12		approaches, to the extent that such minor permit
13		modification procedures are explicitly provided for in
14		an applicable implementation plan or in applicable
15		requirements promulgated by USEPA.
16		iii. An applicant requesting the use of minor
17		permit modification procedures shall meet the
18		requirements of subsection 5 of this Section and shall
19		include the following in its application:
20		A. A description of the change, the emissions
21		resulting from the change, and any new applicable
22		requirements that will apply if the change occurs;
23		B. The source's suggested draft permit;
24		C. Certification by a responsible official,
25		consistent with paragraph 5(e) of this Section and
26		applicable regulations, that the proposed
27		modification meets the criteria for use of minor
28		permit modification procedures and a request that
29		such procedures be used; and
30		D. Completed forms for the Agency to use to
31		notify USEPA and affected States as required under
32		subsections 8 and 9 of this Section.
33		iv. Within 5 working days of receipt of a complete
34		permit modification application, the Agency shall
35		notify USEPA and affected States of the requested
36		permit modification in accordance with subsections 8

1		and 9 of this Section. The Agency promptly shall send
2		any notice required under paragraph 8(d) of this
3		Section to USEPA.
4		v. The Agency may not issue a final permit
5		modification until after the 45-day review period for
6		USEPA or until USEPA has notified the Agency that USEPA
7		will not object to the issuance of the permit
8		modification, whichever comes first, although the
9		Agency can approve the permit modification prior to
10		that time. Within 90 days of the Agency's receipt of an
11		application under the minor permit modification
12		procedures or 15 days after the end of USEPA's 45-day
13		review period under subsection 9 of this Section,
14		whichever is later, the Agency shall:
15		A. Issue the permit modification as proposed;
16		B. Deny the permit modification application;
17		C. Determine that the requested modification
18		does not meet the minor permit modification
19		criteria and should be reviewed under the
20		significant modification procedures; or
21		D. Revise the draft permit modification and
22		transmit to USEPA the new proposed permit
23		modification as required by subsection 9 of this
24		Section.
25		vi. Any CAAPP source may make the change proposed
26		in its minor permit modification application
27		immediately after it files such application. After the
28		CAAPP source makes the change allowed by the preceding
29		sentence, and until the Agency takes any of the actions
30		specified in subparagraphs (a)(v)(A) through (a)(v)(C)
31		of this subsection, the source must comply with both
32		the applicable requirements governing the change and
33		the proposed permit terms and conditions. During this
34		time period, the source need not comply with the
35		existing permit terms and conditions it seeks to
36		modify. If the source fails to comply with its proposed

1		permit terms and conditions during this time period,
2		the existing permit terms and conditions which it seeks
3		to modify may be enforced against it.
4		vii. The permit shield under subparagraph 7(j) of
5		this Section may not extend to minor permit
6		modifications.
7		viii. If a construction permit is required,
8		pursuant to Section 39(a) of this Act and regulations
9		thereunder, for a change for which the minor permit
10		modification procedures are applicable, the source may
11		request that the processing of the construction permit
12		application be consolidated with the processing of the
13		application for the minor permit modification. In such
14		cases, the provisions of this Section, including those
15		within subsections 5, 8, and 9, shall apply and the
16		Agency shall act on such applications pursuant to
17		subparagraph 14(a)(v). The source may make the
18		proposed change immediately after filing its
19		application for the minor permit modification. Nothing
20		in this subparagraph shall otherwise affect the
21		requirements and procedures applicable to construction
22		permits.
23		b. Group Processing of Minor Permit Modifications.
24		i. Where requested by an applicant within its
25		application, the Agency shall process groups of a
26		source's applications for certain modifications
27		eligible for minor permit modification processing in
28		accordance with the provisions of this paragraph (b).
29		ii. Permit modifications may be processed in
30		accordance with the procedures for group processing,
31		for those modifications:
32		A. Which meet the criteria for minor permit
33		modification procedures under subparagraph
34		14(a)(i) of this Section; and
35		B. That collectively are below 10 percent of
36		the emissions allowed by the permit for the

1		emissions unit for which change is requested, 20
2		percent of the applicable definition of major
3		source set forth in subsection 2 of this Section,
4		or 5 tons per year, whichever is least.
5		iii. An applicant requesting the use of group
6		processing procedures shall meet the requirements of
7		subsection 5 of this Section and shall include the
8		following in its application:
9		A. A description of the change, the emissions
10		resulting from the change, and any new applicable
11		requirements that will apply if the change occurs.
12		B. The source's suggested draft permit.
13		C. Certification by a responsible official
14		consistent with paragraph 5(e) of this Section,
15		that the proposed modification meets the criteria
16		for use of group processing procedures and a
17		request that such procedures be used.
18		D. A list of the source's other pending
19		applications awaiting group processing, and a
20		determination of whether the requested
21		modification, aggregated with these other
22		applications, equals or exceeds the threshold set
23		under subparagraph (b)(ii)(B) of this subsection.
24		E. Certification, consistent with paragraph
25		5(e), that the source has notified USEPA of the
26		proposed modification. Such notification need only
27		contain a brief description of the requested
28		modification.
29		F. Completed forms for the Agency to use to
30		notify USEPA and affected states as required under
31		subsections 8 and 9 of this Section.
32		iv. On a quarterly basis or within 5 business days
33		of receipt of an application demonstrating that the
34		aggregate of a source's pending applications equals or
35		exceeds the threshold level set forth within
36		subparagraph (b)(ii)(B) of this subsection, whichever

1		is earlier, the Agency shall promptly notify USEPA and
2		affected States of the requested permit modifications
3		in accordance with subsections 8 and 9 of this Section.
4		The Agency shall send any notice required under
5		paragraph 8(d) of this Section to USEPA.
6		v. The provisions of subparagraph (a)(v) of this
7		subsection shall apply to modifications eligible for
8		group processing, except that the Agency shall take one
9		of the actions specified in subparagraphs (a)(v)(A)
10		through (a)(v)(D) of this subsection within 180 days of
11		receipt of the application or 15 days after the end of
12		USEPA's 45-day review period under subsection 9 of this
13		Section, whichever is later.
14		vi. The provisions of subparagraph (a)(vi) of this
15		subsection shall apply to modifications for group
16		processing.
17		vii. The provisions of paragraph 7(j) of this
18		Section shall not apply to modifications eligible for
19		group processing.
20		c. Significant Permit Modifications.
21		i. Significant modification procedures shall be
22		used for applications requesting significant permit
23		modifications and for those applications that do not
24		qualify as either minor permit modifications or as
25		administrative permit amendments.
26		ii. Every significant change in existing
27		monitoring permit terms or conditions and every
28		relaxation of reporting or recordkeeping requirements
29		shall be considered significant. A modification shall
30		also be considered significant if in the judgment of
31		the Agency action on an application for modification
32		would require decisions to be made on technically
33		complex issues. Nothing herein shall be construed to
34		preclude the permittee from making changes consistent
35		with this Section that would render existing permit
36		compliance terms and conditions irrelevant.

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 the
19		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 applicable
26		requirement. No such revision is required if the
27		effective date of the requirement is later than the
28		date on which the permit is due to expire.
29		ii. Additional requirements (including excess
30		emissions requirements) become applicable to an
31		affected source for acid deposition under the acid rain
32		program. Excess emissions offset plans shall be deemed
33		to be incorporated into the permit upon approval by
34		USEPA.
35		iii. The Agency or USEPA determines that the permit

1		contains a material mistake or that inaccurate
2		statements were made in establishing the emissions
3		standards, limitations, or other terms or conditions
4		of the permit.
5		iv. The Agency or USEPA determines that the permit
6		must be revised or revoked to assure compliance with
7		the applicable requirements.
8		b. In the event that the Agency determines that there
9		are grounds for revoking a CAAPP permit, for cause,
10		consistent with paragraph a of this subsection, it shall
11		file a petition before the Board setting forth the basis
12		for such revocation. In any such proceeding, the Agency
13		shall have the burden of establishing that the permit
14		should be revoked under the standards set forth in this Act
15		and the Clean Air Act. Any such proceeding shall be
16		conducted pursuant to the Board's procedures for
17		adjudicatory hearings and the Board shall render its
18		decision within 120 days of the filing of the petition. The
19		Agency shall take final action to revoke and reissue a
20		CAAPP permit consistent with the Board's order.
21		c. Proceedings regarding a reopened CAAPP permit shall
22		follow the same procedures as apply to initial permit
23		issuance and shall affect only those parts of the permit
24		for which cause to reopen exists.
25		d. Reopenings under paragraph (a) of this subsection
26		shall not be initiated before a notice of such intent is
27		provided to the CAAPP source by the Agency at least 30 days
28		in advance of the date that the permit is to be reopened,
29		except that the Agency may provide a shorter time period in
30		the case of an emergency.
31		e. The Agency shall have the authority to adopt
32		procedural rules, in accordance with the Illinois
33		Administrative Procedure Act, as the Agency deems
34		necessary, to implement this subsection.
35		16. Reopenings for Cause by USEPA.

1		a. When USEPA finds that cause exists to terminate,
2		modify, or revoke and reissue a CAAPP permit pursuant to
3		subsection 15 of this Section, and thereafter notifies the
4		Agency and the permittee of such finding in writing, the
5		Agency shall forward to USEPA and the permittee a proposed
6		determination of termination, modification, or revocation
7		and reissuance as appropriate, in accordance with
8		paragraph b of this subsection. The Agency's proposed
9		determination shall be in accordance with the record, the
10		Clean Air Act, regulations promulgated thereunder, this
11		Act and regulations promulgated thereunder. Such proposed
12		determination shall not affect the permit or constitute a
13		final permit action for purposes of this Act or the
14		Administrative Review Law. The Agency shall forward to
15		USEPA such proposed determination within 90 days after
16		receipt of the notification from USEPA. If additional time
17		is necessary to submit the proposed determination, the
18		Agency shall request a 90-day extension from USEPA and
19		shall submit the proposed determination within 180 days of
20		receipt of notification from USEPA.
21		b. i. Prior to the Agency's submittal to USEPA of a
22		proposed determination to terminate or revoke and
23		reissue the permit, the Agency shall file a petition
24		before the Board setting forth USEPA's objection, the
25		permit record, the Agency's proposed determination,
26		and the justification for its proposed determination.
27		The Board shall conduct a hearing pursuant to the rules
28		prescribed by Section 32 of this Act, and the burden of
29		proof shall be on the Agency.
30		ii. After due consideration of the written and oral
31		statements, the testimony and arguments that shall be
32		submitted at hearing, the Board shall issue and enter
33		an interim order for the proposed determination, which
34		shall set forth all changes, if any, required in the
35		Agency's proposed determination. The interim order
36		shall comply with the requirements for final orders as

1		set forth in Section 33 of this Act. Issuance of an
2		interim order by the Board under this paragraph,
3		however, shall not affect the permit status and does
4		not constitute a final action for purposes of this Act
5		or the Administrative Review Law.
6		iii. The Board shall cause a copy of its interim
7		order to be served upon all parties to the proceeding
8		as well as upon USEPA. The Agency shall submit the
9		proposed determination to USEPA in accordance with the
10		Board's Interim Order within 180 days after receipt of
11		the notification from USEPA.
12		c. USEPA shall review the proposed determination to
13		terminate, modify, or revoke and reissue the permit within
14		90 days of receipt.
15		i. When USEPA reviews the proposed determination
16		to terminate or revoke and reissue and does not object,
17		the Board shall, within 7 days of receipt of USEPA's
18		final approval, enter the interim order as a final
19		order. The final order may be appealed as provided by
20		Title XI of this Act. The Agency shall take final
21		action in accordance with the Board's final order.
22		ii. When USEPA reviews such proposed determination
23		to terminate or revoke and reissue and objects, the
24		Agency shall submit USEPA's objection and the Agency's
25		comments and recommendation on the objection to the
26		Board and permittee. The Board shall review its interim
27		order in response to USEPA's objection and the Agency's
28		comments and recommendation and issue a final order in
29		accordance with Sections 32 and 33 of this Act. The
30		Agency shall, within 90 days after receipt of such
31		objection, respond to USEPA's objection in accordance
32		with the Board's final order.
33		iii. When USEPA reviews such proposed
34		determination to modify and objects, the Agency shall,
35		within 90 days after receipt of the objection, resolve
36		the objection and modify the permit in accordance with

1		USEPA's objection, based upon the record, the Clean Air
2		Act, regulations promulgated thereunder, this Act, and
3		regulations promulgated thereunder.
4		d. If the Agency fails to submit the proposed
5		determination pursuant to paragraph a of this subsection or
6		fails to resolve any USEPA objection pursuant to paragraph
7		c of this subsection, USEPA will terminate, modify, or
8		revoke and reissue the permit.
9		e. 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		17. Title IV; Acid Rain Provisions.
14		a. The Agency shall act on initial CAAPP applications
15		for affected sources for acid deposition in accordance with
16		this Section and Title V of the Clean Air Act and
17		regulations promulgated thereunder, except as modified by
18		Title IV of the Clean Air Act and regulations promulgated
19		thereunder. The Agency shall issue initial CAAPP permits to
20		the affected sources for acid deposition which shall become
21		effective no earlier than January 1, 1995, and which shall
22		terminate on December 31, 1999, in accordance with this
23		Section. Subsequent CAAPP permits issued to affected
24		sources for acid deposition shall be issued for a fixed
25		term of 5 years. Title IV of the Clean Air Act and
26		regulations promulgated thereunder, including but not
27		limited to 40 C.F.R. Part 72, as now or hereafter amended,
28		are applicable to and enforceable under this Act.
29		b. A designated representative of an affected source
30		for acid deposition shall submit a timely and complete
31		Phase II acid rain permit application and compliance plan
32		to the Agency, not later than January 1, 1996, that meets
33		the requirements of Titles IV and V of the Clean Air Act
34		and regulations. The Agency shall act on the Phase II acid
35		rain permit application and compliance plan in accordance

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

1		Title IV NOx permit application to the Agency, not later
2		than January 1, 1998, that meets the requirements of Titles
3		IV and V of the Clean Air Act and its regulations. The
4		Agency shall reopen the Phase II acid rain permit for cause
5		and incorporate the approved NOx provisions into the Phase
6		II acid rain permit not later than January 1, 1999, in
7		accordance with this Section, except as modified by Title
8		IV of the Clean Air Act and regulations promulgated
9		thereunder. Such reopening shall not affect the term of the
10		Phase II acid rain permit.
11		f. The designated representative of the affected
12		source for acid deposition shall renew the initial CAAPP
13		permit and Phase II acid rain permit in accordance with
14		this Section and Title V of the Clean Air Act and
15		regulations promulgated thereunder, except as modified by
16		Title IV of the Clean Air Act and regulations promulgated
17		thereunder.
18		g. In the case of an affected source for acid
19		deposition for which a complete Phase II acid rain permit
20		application and compliance plan are timely received under
21		this subsection, the complete permit application and
22		compliance plan, including amendments thereto, shall be
23		binding on the owner, operator and designated
24		representative, all affected units for acid deposition at
25		the affected source, and any other unit, as defined in
26		Section 402 of the Clean Air Act, governed by the Phase II
27		acid rain permit application and shall be enforceable as an
28		acid rain permit for purposes of Titles IV and V of the
29		Clean Air Act, from the date of submission of the acid rain
30		permit application until a Phase II acid rain permit is
31		issued or denied by the Agency.
32		h. The Agency shall not include or implement any
33		measure which would interfere with or modify the
34		requirements of Title IV of the Clean Air Act or
35		regulations promulgated thereunder.
36		i. Nothing in this Section shall be construed as

1		affecting allowances or USEPA's decision regarding an
2		excess emissions offset plan, as set forth in Title IV of
3		the Clean Air Act or regulations promulgated thereunder.
4		i. No permit revision shall be required for
5		increases in emissions that are authorized by
6		allowances acquired pursuant to the acid rain program,
7		provided that such increases do not require a permit
8		revision under any other applicable requirement.
9		ii. No limit shall be placed on the number of
10		allowances held by the source. The source may not,
11		however, use allowances as a defense to noncompliance
12		with any other applicable requirement.
13		iii. Any such allowance shall be accounted for
14		according to the procedures established in regulations
15		promulgated under Title IV of the Clean Air Act.
16		j. To the extent that the federal regulations
17		promulgated under Title IV, including but not limited to 40
18		C.F.R. Part 72, as now or hereafter amended, are
19		inconsistent with the federal regulations promulgated
20		under Title V, the federal regulations promulgated under
21		Title IV shall take precedence.
22		k. The USEPA may intervene as a matter of right in any
23		permit appeal involving a Phase II acid rain permit
24		provision or denial of a Phase II acid rain permit.
25		l. It is unlawful for any owner or operator to violate
26		any terms or conditions of a Phase II acid rain permit
27		issued under this subsection, to operate any affected
28		source for acid deposition except in compliance with a
29		Phase II acid rain permit issued by the Agency under this
30		subsection, or to violate any other applicable
31		requirements.
32		m. The designated representative of an affected source
33		for acid deposition shall submit to the Agency the data and
34		information submitted quarterly to USEPA, pursuant to 40
35		CFR 75.64, concurrently with the submission to USEPA. The
36		submission shall be in the same electronic format as

1		specified by USEPA.
2		n. The Agency shall act on any petition for exemption
3		of a new unit or retired unit, as those terms are defined
4		in Section 402 of the Clean Air Act, from the requirements
5		of the acid rain program in accordance with Title IV of the
6		Clean Air Act and its regulations.
7		o. 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		18. Fee Provisions.
12		a. For each 12 month period after the date on which the
13		USEPA approves or conditionally approves the CAAPP, but in
14		no event prior to January 1, 1994, a source subject to this
15		Section or excluded under subsection 1.1 or paragraph 3(c)
16		of this Section, shall pay a fee as provided in this part
17		(a) of this subsection 18. However, a source that has been
18		excluded from the provisions of this Section under
19		subsection 1.1 or paragraph 3(c) of this Section because
20		the source emits less than 25 tons per year of any
21		combination of regulated air pollutants shall pay fees in
22		accordance with paragraph (1) of subsection (b) of Section
23		9.6.
24		i. The fee for a source allowed to emit less than
25		100 tons per year of any combination of regulated air
26		pollutants shall be $1,250 $1,800 per year.
27		ii. The fee for a source allowed to emit 100 tons
28		or more per year of any combination of regulated air
29		pollutants, except for those regulated air pollutants
30		excluded in paragraph 18(f) of this subsection, shall
31		be as follows:
32		A. The Agency shall assess an annual fee of
33		$16.75 $18.00 per ton for the allowable emissions
34		of all regulated air pollutants at that source
35		during the term of the permit. These fees shall be

1		used by the Agency and the Board to fund the
2		activities required by Title V of the Clean Air Act
3		including such activities as may be carried out by
4		other State or local agencies pursuant to
5		paragraph (d) of this subsection. The amount of
6		such fee shall be based on the information supplied
7		by the applicant in its complete CAAPP permit
8		application or in the CAAPP permit if the permit
9		has been granted and shall be determined by the
10		amount of emissions that the source is allowed to
11		emit annually, provided however, that no source
12		shall be required to pay an annual fee in excess of
13		$125,000 $250,000. The Agency shall provide as
14		part of the permit application form required under
15		subsection 5 of this Section a separate fee
16		calculation form which will allow the applicant to
17		identify the allowable emissions and calculate the
18		fee for the term of the permit. In no event shall
19		the Agency raise the amount of allowable emissions
20		requested by the applicant unless such increases
21		are required to demonstrate compliance with terms
22		of a CAAPP permit.
23		Notwithstanding the above, any applicant may
24		seek a change in its permit which would result in
25		increases in allowable emissions due to an
26		increase in the hours of operation or production
27		rates of an emission unit or units and such a
28		change shall be consistent with the construction
29		permit requirements of the existing State permit
30		program, under Section 39(a) of this Act and
31		applicable provisions of this Section. Where a
32		construction permit is required, the Agency shall
33		expeditiously grant such construction permit and
34		shall, if necessary, modify the CAAPP permit based
35		on the same application.
36		B. The applicant or permittee may pay the fee

1		annually or semiannually for those fees greater
2		than $5,000. However, any applicant paying a fee
3		equal to or greater than $100,000 shall pay the
4		full amount on July 1, for the subsequent fiscal
5		year, or pay 50% of the fee on July 1 and the
6		remaining 50% by the next January 1. The Agency may
7		change any annual billing date upon reasonable
8		notice, but shall prorate the new bill so that the
9		permittee or applicant does not pay more than its
10		required fees for the fee period for which payment
11		is made.
12		b. (Blank).
13		c. (Blank).
14		d. There is hereby created in the State Treasury a
15		special fund to be known as the "CAA Permit Fund". All
16		Funds collected by the Agency pursuant to this subsection
17		shall be deposited into the Fund. The General Assembly
18		shall appropriate monies from this Fund to the Agency and
19		to the Board to carry out their obligations under this
20		Section. The General Assembly may also authorize monies to
21		be granted by the Agency from this Fund to other State and
22		local agencies which perform duties related to the CAAPP.
23		Interest generated on the monies deposited in this Fund
24		shall be returned to the Fund.
25		e. The Agency shall have the authority to adopt
26		procedural rules, in accordance with the Illinois
27		Administrative Procedure Act, as the Agency deems
28		necessary to implement this subsection.
29		f. For purposes of this subsection, the term "regulated
30		air pollutant" shall have the meaning given to it under
31		subsection 1 of this Section but shall exclude the
32		following:
33		i. carbon monoxide;
34		ii. any Class I or II substance which is a
35		regulated air pollutant solely because it is listed
36		pursuant to Section 602 of the Clean Air Act; and

1		iii. any pollutant that is a regulated air
2		pollutant solely because it is subject to a standard or
3		regulation under Section 112(r) of the Clean Air Act
4		based on the emissions allowed in the permit effective
5		in that calendar year, at the time the applicable bill
6		is generated.
7		19. Air Toxics Provisions.
8		a. In the event that the USEPA fails to promulgate in a
9		timely manner a standard pursuant to Section 112(d) of the
10		Clean Air Act, the Agency shall have the authority to issue
11		permits, pursuant to Section 112(j) of the Clean Air Act
12		and regulations promulgated thereunder, which contain
13		emission limitations which are equivalent to the emission
14		limitations that would apply to a source if an emission
15		standard had been promulgated in a timely manner by USEPA
16		pursuant to Section 112(d). Provided, however, that the
17		owner or operator of a source shall have the opportunity to
18		submit to the Agency a proposed emission limitation which
19		it determines to be equivalent to the emission limitations
20		that would apply to such source if an emission standard had
21		been promulgated in a timely manner by USEPA. If the Agency
22		refuses to include the emission limitation proposed by the
23		owner or operator in a CAAPP permit, the owner or operator
24		may petition the Board to establish whether the emission
25		limitation proposal submitted by the owner or operator
26		provides for emission limitations which are equivalent to
27		the emission limitations that would apply to the source if
28		the emission standard had been promulgated by USEPA in a
29		timely manner. The Board shall determine whether the
30		emission limitation proposed by the owner or operator or an
31		alternative emission limitation proposed by the Agency
32		provides for the level of control required under Section
33		112 of the Clean Air Act, or shall otherwise establish an
34		appropriate emission limitation, pursuant to Section 112
35		of the Clean Air Act.

1		b. Any Board proceeding brought under paragraph (a) or
2		(e) of this subsection shall be conducted according to the
3		Board's procedures for adjudicatory hearings and the Board
4		shall render its decision within 120 days of the filing of
5		the petition. Any such decision shall be subject to review
6		pursuant to Section 41 of this Act. Where USEPA promulgates
7		an applicable emission standard prior to the issuance of
8		the CAAPP permit, the Agency shall include in the permit
9		the promulgated standard, provided that the source shall
10		have the compliance period provided under Section 112(i) of
11		the Clean Air Act. Where USEPA promulgates an applicable
12		standard subsequent to the issuance of the CAAPP permit,
13		the Agency shall revise such permit upon the next renewal
14		to reflect the promulgated standard, providing a
15		reasonable time for the applicable source to comply with
16		the standard, but no longer than 8 years after the date on
17		which the source is first required to comply with the
18		emissions limitation established under this subsection.
19		c. The Agency shall have the authority to implement and
20		enforce complete or partial emission standards promulgated
21		by USEPA pursuant to Section 112(d), and standards
22		promulgated by USEPA pursuant to Sections 112(f), 112(h),
23		112(m), and 112(n), and may accept delegation of authority
24		from USEPA to implement and enforce Section 112(l) and
25		requirements for the prevention and detection of
26		accidental releases pursuant to Section 112(r) of the Clean
27		Air Act.
28		d. The Agency shall have the authority to issue permits
29		pursuant to Section 112(i)(5) of the Clean Air Act.
30		e. The Agency has the authority to implement Section
31		112(g) of the Clean Air Act consistent with the Clean Air
32		Act and federal regulations promulgated thereunder. If the
33		Agency refuses to include the emission limitations
34		proposed in an application submitted by an owner or
35		operator for a case-by-case maximum achievable control
36		technology (MACT) determination, the owner or operator may

1		petition the Board to determine whether the emission
2		limitation proposed by the owner or operator or an
3		alternative emission limitation proposed by the Agency
4		provides for a level of control required by Section 112 of
5		the Clean Air Act, or to otherwise establish an appropriate
6		emission limitation under Section 112 of the Clean Air Act.
7		20. Small Business.
8		a. For purposes of this subsection:
9		"Program" is the Small Business Stationary Source
10		Technical and Environmental Compliance Assistance Program
11		created within this State pursuant to Section 507 of the
12		Clean Air Act and guidance promulgated thereunder, to
13		provide technical assistance and compliance information to
14		small business stationary sources;
15		"Small Business Assistance Program" is a component of
16		the Program responsible for providing sufficient
17		communications with small businesses through the
18		collection and dissemination of information to small
19		business stationary sources; and
20		"Small Business Stationary Source" means a stationary
21		source that:
22		1. is owned or operated by a person that employs
23		100 or fewer individuals;
24		2. is a small business concern as defined in the
25		"Small Business Act";
26		3. is not a major source as that term is defined in
27		subsection 2 of this Section;
28		4. does not emit 50 tons or more per year of any
29		regulated air pollutant; and
30		5. emits less than 75 tons per year of all
31		regulated pollutants.
32		b. The Agency shall adopt and submit to USEPA, after
33		reasonable notice and opportunity for public comment, as a
34		revision to the Illinois state implementation plan, plans
35		for establishing the Program.

1		c. The Agency shall have the authority to enter into
2		such contracts and agreements as the Agency deems necessary
3		to carry out the purposes of this subsection.
4		d. The Agency may establish such procedures as it may
5		deem necessary for the purposes of implementing and
6		executing its responsibilities under this subsection.
7		e. There shall be appointed a Small Business Ombudsman
8		(hereinafter in this subsection referred to as
9		"Ombudsman") to monitor the Small Business Assistance
10		Program. The Ombudsman shall be a nonpartisan designated
11		official, with the ability to independently assess whether
12		the goals of the Program are being met.
13		f. The State Ombudsman Office shall be located in an
14		existing Ombudsman office within the State or in any State
15		Department.
16		g. There is hereby created a State Compliance Advisory
17		Panel (hereinafter in this subsection referred to as
18		"Panel") for determining the overall effectiveness of the
19		Small Business Assistance Program within this State.
20		h. The selection of Panel members shall be by the
21		following method:
22		1. The Governor shall select two members who are
23		not owners or representatives of owners of small
24		business stationary sources to represent the general
25		public;
26		2. The Director of the Agency shall select one
27		member to represent the Agency; and
28		3. The State Legislature shall select four members
29		who are owners or representatives of owners of small
30		business stationary sources. Both the majority and
31		minority leadership in both Houses of the Legislature
32		shall appoint one member of the panel.
33		i. Panel members should serve without compensation but
34		will receive full reimbursement for expenses including
35		travel and per diem as authorized within this State.
36		j. The Panel shall select its own Chair by a majority

1		vote. The Chair may meet and consult with the Ombudsman and
2		the head of the Small Business Assistance Program in
3		planning the activities for the Panel.
4		21. Temporary Sources.
5		a. The Agency may issue a single permit authorizing
6		emissions from similar operations by the same source owner
7		or operator at multiple temporary locations, except for
8		sources which are affected sources for acid deposition
9		under Title IV of the Clean Air Act.
10		b. The applicant must demonstrate that the operation is
11		temporary and will involve at least one change of location
12		during the term of the permit.
13		c. Any such permit shall meet all applicable
14		requirements of this Section and applicable regulations,
15		and include conditions assuring compliance with all
16		applicable requirements at all authorized locations and
17		requirements that the owner or operator notify the Agency
18		at least 10 days in advance of each change in location.
19		22. Solid Waste Incineration Units.
20		a. A CAAPP permit for a solid waste incineration unit
21		combusting municipal waste subject to standards
22		promulgated under Section 129(e) of the Clean Air Act shall
23		be issued for a period of 12 years and shall be reviewed
24		every 5 years, unless the Agency requires more frequent
25		review through Agency procedures.
26		b. During the review in paragraph (a) of this
27		subsection, the Agency shall fully review the previously
28		submitted CAAPP permit application and corresponding
29		reports subsequently submitted to determine whether the
30		source is in compliance with all applicable requirements.
31		c. If the Agency determines that the source is not in
32		compliance with all applicable requirements it shall
33		revise the CAAPP permit as appropriate.
34		d. The Agency shall have the authority to adopt

1		procedural rules, in accordance with the Illinois
2		Administrative Procedure Act, as the Agency deems
3		necessary, to implement this subsection.
4		(Source: P.A. 92-24, eff. 7-1-01; 93-32, eff. 7-1-03.)

5		(415 ILCS 5/12.6 rep.)
6		Section 10. The Environmental Protection Act is amended by
7		repealing Section 12.6.

8		Section 15. The State Finance Act is amended by adding
9		Section 5.625 as follows:
10		(30 ILCS 105/5.625 new)
11		Sec. 5.625. The Illinois Clean Water Fund.

Section 99. Effective date. This Act takes effect upon becoming law.