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1 | AN ACT concerning energy facilities.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Public Utilities Act is amended by changing | ||||||||||||||||||||||||||||||||||||||||||||
5 | Sections 16-107.5, 16-108, and 16-127 as follows: | ||||||||||||||||||||||||||||||||||||||||||||
6 | (220 ILCS 5/16-107.5)
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7 | Sec. 16-107.5. Net electricity metering. | ||||||||||||||||||||||||||||||||||||||||||||
8 | (a) The Legislature finds and declares that a program to | ||||||||||||||||||||||||||||||||||||||||||||
9 | provide net electricity
metering, as defined in this Section,
| ||||||||||||||||||||||||||||||||||||||||||||
10 | for eligible customers can encourage private investment in | ||||||||||||||||||||||||||||||||||||||||||||
11 | renewable energy
resources, stimulate
economic growth, reduce | ||||||||||||||||||||||||||||||||||||||||||||
12 | greenhouse gas emissions and the dependence of the United | ||||||||||||||||||||||||||||||||||||||||||||
13 | States on foreign energy sources, enhance the continued | ||||||||||||||||||||||||||||||||||||||||||||
14 | diversification of Illinois' energy
resource mix, and protect
| ||||||||||||||||||||||||||||||||||||||||||||
15 | the Illinois environment.
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16 | (b) As used in this Section, (i) "eligible customer" means | ||||||||||||||||||||||||||||||||||||||||||||
17 | a retail
customer that owns or operates a
solar, wind, or other | ||||||||||||||||||||||||||||||||||||||||||||
18 | eligible renewable electrical generating facility with a rated | ||||||||||||||||||||||||||||||||||||||||||||
19 | capacity of not more than
2,000 kilowatts that is
located on | ||||||||||||||||||||||||||||||||||||||||||||
20 | the customer's premises and is intended primarily to offset the | ||||||||||||||||||||||||||||||||||||||||||||
21 | customer's
own electrical requirements; (ii) "electricity | ||||||||||||||||||||||||||||||||||||||||||||
22 | provider" means an electric utility or alternative retail | ||||||||||||||||||||||||||||||||||||||||||||
23 | electric supplier; (iii) "eligible renewable electrical |
| |||||||
| |||||||
1 | generating facility" means a generator powered by solar | ||||||
2 | electric energy, wind, dedicated crops grown for electricity | ||||||
3 | generation, agricultural residues, wood, municipal landscape | ||||||
4 | trimmings, organic wastes, anaerobic digestion of livestock or | ||||||
5 | food processing waste, fuel cells or microturbines powered by | ||||||
6 | renewable fuels, or hydroelectric energy; and (iv) "net | ||||||
7 | electricity metering" (or "net metering") means the
| ||||||
8 | measurement, during the
billing period applicable to an | ||||||
9 | eligible customer, of the net amount of
electricity supplied by | ||||||
10 | an
electricity provider to the customer's premises or provided | ||||||
11 | to the electricity provider by the customer.
| ||||||
12 | (c) A net metering facility shall be equipped with metering | ||||||
13 | equipment that can measure the flow of electricity in both | ||||||
14 | directions at the same rate. For eligible residential | ||||||
15 | customers, this shall typically be accomplished through use of | ||||||
16 | a single, bi-directional meter. If the eligible customer's | ||||||
17 | existing electric revenue meter does not meet this requirement, | ||||||
18 | the electricity provider shall arrange for the local electric | ||||||
19 | utility or a meter service provider to install and maintain a | ||||||
20 | new revenue meter at the electricity provider's expense. For | ||||||
21 | non-residential customers, the electricity provider may | ||||||
22 | arrange for the local electric utility or a meter service | ||||||
23 | provider to install and maintain metering equipment capable of | ||||||
24 | measuring the flow of electricity both into and out of the | ||||||
25 | customer's facility at the same rate and ratio, typically | ||||||
26 | through the use of a dual channel meter. For generators with a |
| |||||||
| |||||||
1 | nameplate rating of 120 40 kilowatts and below, the costs of | ||||||
2 | installing such equipment shall be paid for by the electricity | ||||||
3 | provider. For generators with a nameplate rating over 120 40 | ||||||
4 | kilowatts and up to 2,000 kilowatts capacity, the costs of | ||||||
5 | installing such equipment shall be paid for by the customer. | ||||||
6 | Any subsequent revenue meter change necessitated by any | ||||||
7 | eligible customer shall be paid for by the customer.
| ||||||
8 | (d) An electricity provider shall
measure and charge or | ||||||
9 | credit for the net
electricity supplied to eligible customers | ||||||
10 | or provided by eligible customers in
the following manner:
| ||||||
11 | (1) If the amount of electricity used by the customer | ||||||
12 | during the billing
period exceeds the
amount of electricity | ||||||
13 | produced by the customer, the electricity provider shall | ||||||
14 | charge the customer for the net electricity supplied to and | ||||||
15 | used
by the customer as provided in subsection (e) of this | ||||||
16 | Section.
| ||||||
17 | (2) If the amount of electricity produced by a customer | ||||||
18 | during the billing period exceeds the amount of electricity | ||||||
19 | used by the customer during that billing period, the | ||||||
20 | electricity provider supplying that customer shall apply a | ||||||
21 | 1:1 kilowatt-hour credit to a subsequent bill for service | ||||||
22 | to the customer for the net electricity supplied to the | ||||||
23 | electricity provider. The electricity provider shall | ||||||
24 | continue to carry over any excess kilowatt-hour credits | ||||||
25 | earned and apply those credits to subsequent billing | ||||||
26 | periods to offset any customer-generator consumption in |
| |||||||
| |||||||
1 | those billing periods until all credits are used or until | ||||||
2 | the end of the annualized period.
| ||||||
3 | (3) At the end of the year or annualized over the | ||||||
4 | period that service is supplied by means of net metering, | ||||||
5 | or in the event that the retail customer terminates service | ||||||
6 | with the electricity provider prior to the end of the year | ||||||
7 | or the annualized period, any remaining credits in the | ||||||
8 | customer's account shall expire.
| ||||||
9 | (e) An electricity provider shall provide to net metering | ||||||
10 | customers electric service at non-discriminatory rates that | ||||||
11 | are identical, with respect to rate structure, retail rate | ||||||
12 | components, and any monthly charges, to the rates that the | ||||||
13 | customer would be charged if not a net metering customer. An | ||||||
14 | electricity provider shall not charge net metering customers | ||||||
15 | any fee or charge or require additional equipment, insurance, | ||||||
16 | or any other requirements not specifically authorized by | ||||||
17 | interconnection standards authorized by the Commission, unless | ||||||
18 | the fee, charge, or other requirement would apply to other | ||||||
19 | similarly situated customers who are not net metering | ||||||
20 | customers. The customer will remain responsible for all taxes, | ||||||
21 | fees, and utility delivery charges that would otherwise be | ||||||
22 | applicable to the net amount of electricity used by the | ||||||
23 | customer. Subsections (c) through (e) of this Section shall not | ||||||
24 | be construed to prevent an arms-length agreement between an | ||||||
25 | electricity provider and an eligible customer that sets forth | ||||||
26 | different prices, terms, and conditions for the provision of |
| |||||||
| |||||||
1 | net metering service, including, but not limited to, the | ||||||
2 | provision of the appropriate metering equipment for | ||||||
3 | non-residential customers.
| ||||||
4 | (f) Notwithstanding the requirements of subsections (c) | ||||||
5 | through (e) of this Section, an electricity provider must | ||||||
6 | require dual-channel metering for non-residential customers | ||||||
7 | operating eligible renewable electrical generating facilities | ||||||
8 | with a nameplate rating over 120 40 kilowatts and up to 2,000 | ||||||
9 | kilowatts. In such cases, electricity charges and credits shall | ||||||
10 | be determined as follows:
| ||||||
11 | (1) The electricity provider shall assess and the | ||||||
12 | customer remains responsible for all taxes, fees, and | ||||||
13 | utility delivery charges that would otherwise be | ||||||
14 | applicable to the gross amount of kilowatt-hours supplied | ||||||
15 | to the eligible customer by the electricity provider. | ||||||
16 | (2) Each month that service is supplied by means of | ||||||
17 | dual-channel metering, the electricity provider shall | ||||||
18 | compensate the eligible customer for any excess | ||||||
19 | kilowatt-hour credits at the electricity provider's | ||||||
20 | avoided cost of electricity supply over the monthly period | ||||||
21 | or as otherwise specified by the terms of a power-purchase | ||||||
22 | agreement negotiated between the customer and electricity | ||||||
23 | provider. | ||||||
24 | (3) For all eligible net metering customers taking | ||||||
25 | service from an electricity provider under contracts or | ||||||
26 | tariffs employing time of use rates, any monthly |
| |||||||
| |||||||
1 | consumption of electricity shall be calculated according | ||||||
2 | to the terms of the contract or tariff to which the same | ||||||
3 | customer would be assigned to or be eligible for if the | ||||||
4 | customer was not a net metering customer. When those same | ||||||
5 | customer-generators are net generators during any discrete | ||||||
6 | time of use period, the net kilowatt-hours produced shall | ||||||
7 | be valued at the same price per kilowatt-hour as the | ||||||
8 | electric service provider would charge for retail | ||||||
9 | kilowatt-hour sales during that same time of use period.
| ||||||
10 | (g) For purposes of federal and State laws providing | ||||||
11 | renewable energy credits or greenhouse gas credits, the | ||||||
12 | eligible customer shall be treated as owning and having title | ||||||
13 | to the renewable energy attributes, renewable energy credits, | ||||||
14 | and greenhouse gas emission credits related to any electricity | ||||||
15 | produced by the qualified generating unit. The electricity | ||||||
16 | provider may not condition participation in a net metering | ||||||
17 | program on the signing over of a customer's renewable energy | ||||||
18 | credits; provided, however, this subsection (g) shall not be | ||||||
19 | construed to prevent an arms-length agreement between an | ||||||
20 | electricity provider and an eligible customer that sets forth | ||||||
21 | the ownership or title of the credits.
| ||||||
22 | (h) Within 120 days after the effective date of this
| ||||||
23 | amendatory Act of the 95th General Assembly, the Commission | ||||||
24 | shall establish standards for net metering and, if the | ||||||
25 | Commission has not already acted on its own initiative, | ||||||
26 | standards for the interconnection of eligible renewable |
| |||||||
| |||||||
1 | generating equipment to the utility system. The | ||||||
2 | interconnection standards shall address any procedural | ||||||
3 | barriers, delays, and administrative costs associated with the | ||||||
4 | interconnection of customer-generation while ensuring the | ||||||
5 | safety and reliability of the units and the electric utility | ||||||
6 | system. The Commission shall consider the Institute of | ||||||
7 | Electrical and Electronics Engineers (IEEE) Standard 1547 and | ||||||
8 | the issues of (i) reasonable and fair fees and costs, (ii) | ||||||
9 | clear timelines for major milestones in the interconnection | ||||||
10 | process, (iii) nondiscriminatory terms of agreement, and (iv) | ||||||
11 | any best practices for interconnection of distributed | ||||||
12 | generation.
| ||||||
13 | (i) All electricity providers shall begin to offer net | ||||||
14 | metering
no later than April 1,
2008.
| ||||||
15 | (j) An electricity provider shall provide net metering to | ||||||
16 | eligible
customers until the load of its net metering customers | ||||||
17 | equals 5% 1% of
the total peak demand supplied by
that | ||||||
18 | electricity provider during the
previous year , provided that | ||||||
19 | any load above 1% of the total peak demand supplied by the | ||||||
20 | provider during the previous year shall consist of baseload | ||||||
21 | power generation from biomass, as defined in subsection (d) of | ||||||
22 | Section 16-127, with an availability greater than 50% measured | ||||||
23 | on a yearly basis . Electricity providers are authorized to | ||||||
24 | offer net metering beyond
the 5% 1% level if they so choose. | ||||||
25 | The number of new eligible customers with generators that have | ||||||
26 | a nameplate rating of 120 40 kilowatts and below will be |
| |||||||
| |||||||
1 | limited to 1000 200 total new billing accounts for the | ||||||
2 | utilities (Ameren Companies, ComEd, and MidAmerican) for the | ||||||
3 | period of April 1, 2010 2008 through March 31, 2011, with | ||||||
4 | additional new billing accounts not to exceed 1500 in each year | ||||||
5 | thereafter 2009 .
| ||||||
6 | (k) Each electricity provider shall maintain records and | ||||||
7 | report annually to the Commission the total number of net | ||||||
8 | metering customers served by the provider, as well as the type, | ||||||
9 | capacity, and energy sources of the generating systems used by | ||||||
10 | the net metering customers. Nothing in this Section shall limit | ||||||
11 | the ability of an electricity provider to request the redaction | ||||||
12 | of information deemed by the Commission to be confidential | ||||||
13 | business information. Each electricity provider shall notify | ||||||
14 | the Commission when the total generating capacity of its net | ||||||
15 | metering customers is equal to or in excess of the 5% 1% cap | ||||||
16 | specified in subsection (j) of this Section. | ||||||
17 | (l) Notwithstanding the definition of "eligible customer" | ||||||
18 | in item (i) of subsection (b) of this Section, each electricity | ||||||
19 | provider shall consider whether to allow meter aggregation for | ||||||
20 | the purposes of net metering on:
| ||||||
21 | (1) properties owned or leased by multiple customers | ||||||
22 | that contribute to the operation of an eligible renewable | ||||||
23 | electrical generating facility, such as a community-owned | ||||||
24 | wind project , a community biomass combined heat and power | ||||||
25 | system, or a community methane digester processing | ||||||
26 | livestock waste from multiple sources; and
|
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| |||||||
1 | (2) individual units, apartments, or properties owned | ||||||
2 | or leased by multiple customers and collectively served by | ||||||
3 | a common eligible renewable electrical generating | ||||||
4 | facility, such as an apartment building served by | ||||||
5 | photovoltaic panels on the roof.
| ||||||
6 | For the purposes of this subsection (l), "meter | ||||||
7 | aggregation" means the combination of reading and billing on a | ||||||
8 | pro rata basis for the types of eligible customers described in | ||||||
9 | this Section.
| ||||||
10 | (m) Nothing in this Section shall affect the right of an | ||||||
11 | electricity provider to continue to provide, or the right of a | ||||||
12 | retail customer to continue to receive service pursuant to a | ||||||
13 | contract for electric service between the electricity provider | ||||||
14 | and the retail customer in accordance with the prices, terms, | ||||||
15 | and conditions provided for in that contract. Either the | ||||||
16 | electricity provider or the customer may require compliance | ||||||
17 | with the prices, terms, and conditions of the contract.
| ||||||
18 | (Source: P.A. 95-420, eff. 8-24-07.)
| ||||||
19 | (220 ILCS 5/16-108)
| ||||||
20 | Sec. 16-108.
Recovery of costs associated with the
| ||||||
21 | provision of delivery services.
| ||||||
22 | (a) An electric utility shall file a delivery services
| ||||||
23 | tariff with the Commission at least 210 days prior to the date
| ||||||
24 | that it is required to begin offering such services pursuant
to | ||||||
25 | this Act. An electric utility shall provide the components
of |
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| |||||||
1 | delivery services that are subject to the jurisdiction of
the | ||||||
2 | Federal Energy Regulatory Commission at the same prices,
terms | ||||||
3 | and conditions set forth in its applicable tariff as
approved | ||||||
4 | or allowed into effect by that Commission. The
Commission shall | ||||||
5 | otherwise have the authority pursuant to Article IX to review,
| ||||||
6 | approve, and modify the prices, terms and conditions of those
| ||||||
7 | components of delivery services not subject to the
jurisdiction | ||||||
8 | of the Federal Energy Regulatory Commission,
including the | ||||||
9 | authority to determine the extent to which such
delivery | ||||||
10 | services should be offered on an unbundled basis. In making any | ||||||
11 | such
determination the Commission shall consider, at a minimum, | ||||||
12 | the effect of
additional unbundling on (i) the objective of | ||||||
13 | just and reasonable rates, (ii)
electric utility employees, and | ||||||
14 | (iii) the development of competitive markets
for electric | ||||||
15 | energy services in Illinois.
| ||||||
16 | (b) The Commission shall enter an order approving, or
| ||||||
17 | approving as modified, the delivery services tariff no later
| ||||||
18 | than 30 days prior to the date on which the electric utility
| ||||||
19 | must commence offering such services. The Commission may
| ||||||
20 | subsequently modify such tariff pursuant to this Act.
| ||||||
21 | (c) The electric utility's
tariffs shall define the classes | ||||||
22 | of its customers for purposes
of delivery services charges. | ||||||
23 | Delivery services shall be priced and made
available to all | ||||||
24 | retail customers electing delivery services in each such class
| ||||||
25 | on a nondiscriminatory basis regardless of whether the retail | ||||||
26 | customer chooses
the electric utility, an affiliate of the |
| |||||||
| |||||||
1 | electric utility, or another entity
as its supplier of electric | ||||||
2 | power and energy. Charges for delivery services
shall be cost | ||||||
3 | based,
and shall allow the electric utility to recover the | ||||||
4 | costs of
providing delivery services through its charges to its
| ||||||
5 | delivery service customers that use the facilities and
services | ||||||
6 | associated with such costs.
Such costs shall include the
costs | ||||||
7 | of owning, operating and maintaining transmission and
| ||||||
8 | distribution facilities. The Commission shall also be
| ||||||
9 | authorized to consider whether, and if so to what extent, the
| ||||||
10 | following costs are appropriately included in the electric
| ||||||
11 | utility's delivery services rates: (i) the costs of that
| ||||||
12 | portion of generation facilities used for the production and
| ||||||
13 | absorption of reactive power in order that retail customers
| ||||||
14 | located in the electric utility's service area can receive
| ||||||
15 | electric power and energy from suppliers other than the
| ||||||
16 | electric utility, and (ii) the costs associated with the use
| ||||||
17 | and redispatch of generation facilities to mitigate
| ||||||
18 | constraints on the transmission or distribution system in
order | ||||||
19 | that retail customers located in the electric utility's
service | ||||||
20 | area can receive electric power and energy from
suppliers other | ||||||
21 | than the electric utility. Nothing in this
subsection shall be | ||||||
22 | construed as directing the Commission to
allocate any of the | ||||||
23 | costs described in (i) or (ii) that are
found to be | ||||||
24 | appropriately included in the electric utility's
delivery | ||||||
25 | services rates to any particular customer group or
geographic | ||||||
26 | area in setting delivery services rates.
|
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1 | (d) The Commission shall establish charges, terms and
| ||||||
2 | conditions for delivery services that are just and reasonable
| ||||||
3 | and shall take into account customer impacts when establishing
| ||||||
4 | such charges. In establishing charges, terms and conditions
for | ||||||
5 | delivery services, the Commission shall take into account
| ||||||
6 | voltage level differences. A retail customer shall have the
| ||||||
7 | option to request to purchase electric service at any delivery
| ||||||
8 | service voltage reasonably and technically feasible from the
| ||||||
9 | electric facilities serving that customer's premises provided
| ||||||
10 | that there are no significant adverse impacts upon system
| ||||||
11 | reliability or system efficiency. A retail customer shall
also | ||||||
12 | have the option to request to purchase electric service
at any | ||||||
13 | point of delivery that is reasonably and technically
feasible | ||||||
14 | provided that there are no significant adverse
impacts on | ||||||
15 | system reliability or efficiency. Such requests
shall not be | ||||||
16 | unreasonably denied.
| ||||||
17 | (e) Electric utilities shall recover the costs of
| ||||||
18 | installing, operating or maintaining facilities for the
| ||||||
19 | particular benefit of one or more delivery services customers,
| ||||||
20 | including without limitation any costs incurred in complying
| ||||||
21 | with a customer's request to be served at a different voltage
| ||||||
22 | level, directly from the retail customer or customers for
whose | ||||||
23 | benefit the costs were incurred, to the extent such
costs are | ||||||
24 | not recovered through the charges referred to in
subsections | ||||||
25 | (c) and (d) of this Section.
| ||||||
26 | (f) An electric utility shall be entitled but not
required |
| |||||||
| |||||||
1 | to implement transition charges in conjunction with
the | ||||||
2 | offering of delivery services pursuant to Section 16-104.
If an | ||||||
3 | electric utility implements transition charges, it shall | ||||||
4 | implement such
charges for all delivery services customers and | ||||||
5 | for all customers described in
subsection (h), but shall not | ||||||
6 | implement transition charges for power and
energy that a retail | ||||||
7 | customer takes from cogeneration or self-generation
facilities | ||||||
8 | located on that retail customer's premises, if such facilities | ||||||
9 | meet
the following criteria:
| ||||||
10 | (i) the cogeneration or self-generation facilities | ||||||
11 | serve a single retail
customer and are located on that | ||||||
12 | retail customer's premises (for purposes of
this | ||||||
13 | subparagraph and subparagraph (ii), an industrial or | ||||||
14 | manufacturing retail
customer and a third party contractor | ||||||
15 | that is served by such industrial or
manufacturing customer | ||||||
16 | through such retail customer's own electrical
distribution | ||||||
17 | facilities under the circumstances described in subsection | ||||||
18 | (vi) of
the definition of "alternative retail electric | ||||||
19 | supplier" set forth in Section
16-102, shall be considered | ||||||
20 | a single retail customer);
| ||||||
21 | (ii) the cogeneration or self-generation facilities | ||||||
22 | either (A) are sized
pursuant to generally accepted | ||||||
23 | engineering standards for the retail customer's
electrical | ||||||
24 | load at that premises (taking into account standby or other
| ||||||
25 | reliability considerations related to that retail | ||||||
26 | customer's operations at that
site) or (B) if the facility |
| |||||||
| |||||||
1 | is a cogeneration or self-generation facility located on | ||||||
2 | the retail
customer's premises, the retail customer is the | ||||||
3 | thermal host for at least a portion of that facility
and | ||||||
4 | the facility has been designed to meet that retail | ||||||
5 | customer's thermal
energy requirements resulting in | ||||||
6 | electrical output beyond that retail
customer's electrical | ||||||
7 | demand at that premises, comply with the operating and
| ||||||
8 | efficiency standards applicable to "qualifying facilities" | ||||||
9 | specified in title
18 Code of Federal Regulations Section | ||||||
10 | 292.205 , expanded to include renewable energy production | ||||||
11 | from biomass, as defined in subsection (d) of Section | ||||||
12 | 16-127, as in effect on April 1, 2010 the effective
date of | ||||||
13 | this amendatory Act of 1999 ;
| ||||||
14 | (iii) the retail customer on whose premises the | ||||||
15 | facilities are located
either has an exclusive right to | ||||||
16 | receive, and corresponding obligation to pay
for, all of | ||||||
17 | the electrical capacity of the facility, or in the case of | ||||||
18 | a
cogeneration facility that has been designed to meet the | ||||||
19 | retail customer's
thermal energy requirements at that | ||||||
20 | premises, an identified amount of the
electrical capacity | ||||||
21 | of the facility, over a minimum 5-year period; and
| ||||||
22 | (iv) if the cogeneration facility is sized for the
| ||||||
23 | retail customer's thermal load at that premises but exceeds | ||||||
24 | the electrical
load by less than 120 kilowatts, any sales | ||||||
25 | of excess power or energy are made at retail rates, or at | ||||||
26 | greater than or equal to 120 kilowatts , any sales of excess |
| |||||||
| |||||||
1 | power or energy are made only at wholesale, are
subject to | ||||||
2 | the jurisdiction of the Federal Energy Regulatory | ||||||
3 | Commission, and
are not for the purpose of circumventing | ||||||
4 | the provisions of this subsection (f).
| ||||||
5 | If a generation facility located at a retail customer's | ||||||
6 | premises does not meet
the above criteria, an electric utility | ||||||
7 | implementing
transition charges shall implement a transition | ||||||
8 | charge until December 31, 2006
for any power and energy taken | ||||||
9 | by such retail customer from such facility as if
such power and | ||||||
10 | energy had been delivered by the electric utility. Provided,
| ||||||
11 | however, that an industrial retail customer that is taking | ||||||
12 | power from a
generation facility that does not meet the above | ||||||
13 | criteria but that is located
on such customer's premises will | ||||||
14 | not be subject to a transition charge for the
power and energy | ||||||
15 | taken by such retail customer from such generation facility if
| ||||||
16 | the facility does not serve any other retail customer and | ||||||
17 | either was installed
on behalf of the customer and for its own | ||||||
18 | use prior to January 1, 1997, or is
both predominantly fueled | ||||||
19 | by byproducts of such customer's manufacturing
process at such | ||||||
20 | premises and sells or offers an average of 300 megawatts or
| ||||||
21 | more of electricity produced from such generation facility into | ||||||
22 | the wholesale
market.
Such charges
shall be calculated as | ||||||
23 | provided in Section
16-102, and shall be collected
on each | ||||||
24 | kilowatt-hour delivered under a
delivery services tariff to a | ||||||
25 | retail customer from the date
the customer first takes delivery | ||||||
26 | services until December 31,
2006 except as provided in |
| |||||||
| |||||||
1 | subsection (h) of this Section.
Provided, however, that an | ||||||
2 | electric utility, other than an electric utility
providing | ||||||
3 | service to at least 1,000,000 customers in this State on | ||||||
4 | January 1,
1999,
shall be entitled to petition for
entry of an | ||||||
5 | order by the Commission authorizing the electric utility to
| ||||||
6 | implement transition charges for an additional period ending no | ||||||
7 | later than
December 31, 2008. The electric utility shall file | ||||||
8 | its petition with
supporting evidence no earlier than 16 | ||||||
9 | months, and no later than 12 months,
prior to December 31, | ||||||
10 | 2006. The Commission shall hold a hearing on the
electric | ||||||
11 | utility's petition and shall enter its order no later than 8 | ||||||
12 | months
after the petition is filed. The Commission shall | ||||||
13 | determine whether and to
what extent the electric utility shall | ||||||
14 | be authorized to implement transition
charges for an additional | ||||||
15 | period. The Commission may authorize the electric
utility to | ||||||
16 | implement transition charges for some or all of the additional
| ||||||
17 | period, and shall determine the mitigation factors to be used | ||||||
18 | in implementing
such transition charges; provided, that the | ||||||
19 | Commission shall not authorize
mitigation factors less than | ||||||
20 | 110% of those in effect during the 12 months ended
December 31, | ||||||
21 | 2006. In making its determination, the Commission shall | ||||||
22 | consider
the following factors: the necessity to implement | ||||||
23 | transition charges for an
additional period in order to | ||||||
24 | maintain the financial integrity of the electric
utility; the | ||||||
25 | prudence of the electric utility's actions in reducing its | ||||||
26 | costs
since the effective date of this amendatory Act of 1997; |
| |||||||
| |||||||
1 | the ability of the
electric utility to provide safe, adequate | ||||||
2 | and reliable service to retail
customers in its service area; | ||||||
3 | and the impact on competition of allowing the
electric utility | ||||||
4 | to implement transition charges for the additional period.
| ||||||
5 | (g) The electric utility shall file tariffs that
establish | ||||||
6 | the transition charges to be paid by each class of
customers to | ||||||
7 | the electric utility in conjunction with the
provision of | ||||||
8 | delivery services. The electric utility's tariffs
shall define | ||||||
9 | the classes of its customers for purposes of
calculating | ||||||
10 | transition charges. The electric utility's tariffs
shall | ||||||
11 | provide for the calculation of transition charges on a
| ||||||
12 | customer-specific basis for any retail customer whose average
| ||||||
13 | monthly maximum electrical demand on the electric utility's
| ||||||
14 | system during the 6 months with the customer's highest monthly
| ||||||
15 | maximum electrical demands equals or exceeds 3.0 megawatts for
| ||||||
16 | electric utilities having more than 1,000,000 customers, and
| ||||||
17 | for other electric utilities for any customer that has an
| ||||||
18 | average monthly maximum electrical demand on the electric
| ||||||
19 | utility's system of one megawatt or more, and (A) for which
| ||||||
20 | there exists data on the customer's usage during the 3 years
| ||||||
21 | preceding the date that the customer became eligible to take
| ||||||
22 | delivery services, or (B) for which there does not exist data
| ||||||
23 | on the customer's usage during the 3 years preceding the date
| ||||||
24 | that the customer became eligible to take delivery services,
if | ||||||
25 | in the electric utility's reasonable judgment there exists
| ||||||
26 | comparable usage information or a sufficient basis to develop
|
| |||||||
| |||||||
1 | such information, and further provided that the electric
| ||||||
2 | utility can require customers for which an individual
| ||||||
3 | calculation is made to sign contracts that set forth the
| ||||||
4 | transition charges to be paid by the customer to the electric
| ||||||
5 | utility pursuant to the tariff.
| ||||||
6 | (h) An electric utility shall also be entitled to file
| ||||||
7 | tariffs that allow it to collect transition charges from
retail | ||||||
8 | customers in the electric utility's service area that
do not | ||||||
9 | take delivery services but that take electric power or
energy | ||||||
10 | from an alternative retail electric supplier or from an
| ||||||
11 | electric utility other than the electric utility in whose
| ||||||
12 | service area the customer is located. Such charges shall be
| ||||||
13 | calculated, in accordance with the definition of transition
| ||||||
14 | charges in Section 16-102, for the period of time that the
| ||||||
15 | customer would be obligated to pay transition charges if it
| ||||||
16 | were taking delivery services, except that no deduction for
| ||||||
17 | delivery services revenues shall be made in such calculation,
| ||||||
18 | and usage data from the customer's class shall be used where
| ||||||
19 | historical usage data is not available for the individual
| ||||||
20 | customer. The customer shall be obligated to pay such charges
| ||||||
21 | on a lump sum basis on or before the date on which the
customer | ||||||
22 | commences to take service from the alternative retail
electric | ||||||
23 | supplier or other electric utility, provided, that
the electric | ||||||
24 | utility in whose service area the customer is
located shall | ||||||
25 | offer the customer the option of signing a
contract pursuant to | ||||||
26 | which the customer pays such charges
ratably over the period in |
| |||||||
| |||||||
1 | which the charges would otherwise
have applied.
| ||||||
2 | (i) An electric utility shall be entitled to add to the
| ||||||
3 | bills of delivery services customers charges pursuant to
| ||||||
4 | Sections 9-221, 9-222 (except as provided in Section 9-222.1), | ||||||
5 | and Section
16-114 of this Act, Section 5-5 of the Electricity | ||||||
6 | Infrastructure Maintenance
Fee Law, Section 6-5 of the | ||||||
7 | Renewable Energy, Energy Efficiency, and Coal
Resources | ||||||
8 | Development Law of 1997, and Section 13 of the Energy | ||||||
9 | Assistance Act.
| ||||||
10 | (j) If a retail customer that obtains electric power and
| ||||||
11 | energy from cogeneration or self-generation facilities
| ||||||
12 | installed for its own use on or before January 1, 1997,
| ||||||
13 | subsequently takes service from an alternative retail electric
| ||||||
14 | supplier or an electric utility other than the electric
utility | ||||||
15 | in whose service area the customer is located for any
portion | ||||||
16 | of the customer's electric power and energy
requirements | ||||||
17 | formerly obtained from those facilities (including that amount
| ||||||
18 | purchased from the utility in lieu of such generation and not | ||||||
19 | as standby power
purchases, under a cogeneration displacement | ||||||
20 | tariff in effect as of the
effective date of this amendatory | ||||||
21 | Act of 1997), the
transition charges otherwise applicable | ||||||
22 | pursuant to subsections (f), (g), or
(h) of this Section shall | ||||||
23 | not be applicable
in any year to that portion of the customer's | ||||||
24 | electric power
and energy requirements formerly obtained from | ||||||
25 | those
facilities, provided, that for purposes of this | ||||||
26 | subsection
(j), such portion shall not exceed the average |
| |||||||
| |||||||
1 | number of
kilowatt-hours per year obtained from the | ||||||
2 | cogeneration or
self-generation facilities during the 3 years | ||||||
3 | prior to the
date on which the customer became eligible for | ||||||
4 | delivery
services, except as provided in subsection (f) of | ||||||
5 | Section
16-110.
| ||||||
6 | (Source: P.A. 91-50, eff. 6-30-99; 92-690, eff. 7-18-02.)
| ||||||
7 | (220 ILCS 5/16-127)
| ||||||
8 | Sec. 16-127. Environmental disclosure.
| ||||||
9 | (a) Effective January 1, 1999, every electric utility and
| ||||||
10 | alternative retail electric supplier shall provide the
| ||||||
11 | following information, to the maximum extent practicable, with
| ||||||
12 | its bills to its customers on a quarterly basis:
| ||||||
13 | (i) the known sources of electricity supplied,
| ||||||
14 | broken-out by percentages, of biomass power, coal-fired
| ||||||
15 | power, hydro power, natural gas-fired power, nuclear
| ||||||
16 | power, oil-fired power, solar power, wind power and other
| ||||||
17 | resources, respectively;
| ||||||
18 | (ii) a pie-chart that graphically depicts the
| ||||||
19 | percentages of the sources of the electricity supplied as
| ||||||
20 | set forth in subparagraph (i) of this subsection; and
| ||||||
21 | (iii) a pie-chart that graphically depicts the | ||||||
22 | quantity of renewable energy resources procured pursuant | ||||||
23 | to Section 1-75 of the Illinois Power Agency Act as a | ||||||
24 | percentage of electricity supplied to serve eligible | ||||||
25 | retail customers as defined in Section 16-111.5(a) of this |
| |||||||
| |||||||
1 | Act.
| ||||||
2 | (b) In addition, every electric utility and alternative
| ||||||
3 | retail electric supplier shall provide, to the maximum extent
| ||||||
4 | practicable, with its bills to its customers on a quarterly
| ||||||
5 | basis, a standardized chart in a format to be determined by
the | ||||||
6 | Commission in a rule following notice and hearings which
| ||||||
7 | provides the amounts of carbon dioxide,
nitrogen oxides
and | ||||||
8 | sulfur dioxide emissions and nuclear waste
attributable to the | ||||||
9 | known sources of electricity supplied as
set forth in | ||||||
10 | subparagraph (i) of subsection (a) of this
Section.
| ||||||
11 | (c) The electric utilities and alternative retail
electric | ||||||
12 | suppliers may provide their customers with such other
| ||||||
13 | information as they believe relevant to the information
| ||||||
14 | required in subsections (a) and (b) of this Section.
| ||||||
15 | (d) For the purposes of subsection (j) of Section 16-107.5, | ||||||
16 | subsection (f) of Section 16-108, and subsection (a) of this | ||||||
17 | Section,
"biomass" means dedicated crops grown for energy | ||||||
18 | production , agricultural residues, wood, municipal landscape | ||||||
19 | trimmings, livestock manure,
and organic wastes.
| ||||||
20 | (e) All of the information provided in subsections (a)
and | ||||||
21 | (b) of this Section shall be presented to the Commission
for | ||||||
22 | inclusion in its World Wide Web Site.
| ||||||
23 | (Source: P.A. 95-481, eff. 8-28-07.)
| ||||||
24 | Section 10. The Environmental Protection Act is amended by | ||||||
25 | changing Sections 3.290, 3.330, 3.535, 14.4, 22.22, 39.2, and |
| |||||||
| |||||||
1 | 39.5 and by adding Section 22.37 as follows:
| ||||||
2 | (415 ILCS 5/3.290) (was 415 ILCS 5/3.21)
| ||||||
3 | Sec. 3.290. Municipal waste. "Municipal waste" means | ||||||
4 | garbage,
general household and commercial waste, industrial | ||||||
5 | lunchroom or office waste,
landscape waste, and construction or | ||||||
6 | demolition debris.
| ||||||
7 | (Source: P.A. 92-574, eff. 6-26-02.)
| ||||||
8 | (415 ILCS 5/3.330) (was 415 ILCS 5/3.32)
| ||||||
9 | Sec. 3.330. Pollution control facility.
| ||||||
10 | (a) "Pollution control facility" is any waste storage site, | ||||||
11 | sanitary
landfill, waste disposal site, waste transfer | ||||||
12 | station, waste treatment
facility, or waste incinerator. This | ||||||
13 | includes sewers, sewage treatment
plants, and any other | ||||||
14 | facilities owned or operated by sanitary districts
organized | ||||||
15 | under the Metropolitan Water Reclamation District Act.
| ||||||
16 | The following are not pollution control facilities:
| ||||||
17 | (1) (blank);
| ||||||
18 | (2) waste storage sites regulated under 40 CFR, Part | ||||||
19 | 761.42;
| ||||||
20 | (3) sites or facilities used by any person conducting a | ||||||
21 | waste storage,
waste treatment, waste disposal, waste | ||||||
22 | transfer or waste incineration
operation, or a combination | ||||||
23 | thereof, for wastes generated by such person's
own | ||||||
24 | activities, when such wastes are stored, treated, disposed |
| |||||||
| |||||||
1 | of,
transferred or incinerated within the site or facility | ||||||
2 | owned, controlled or
operated by such person, or when such | ||||||
3 | wastes are transported within or
between sites or | ||||||
4 | facilities owned, controlled or operated by such person;
| ||||||
5 | (4) sites or facilities at which the State is | ||||||
6 | performing removal or
remedial action pursuant to Section | ||||||
7 | 22.2 or 55.3;
| ||||||
8 | (5) abandoned quarries used solely for the disposal of | ||||||
9 | concrete, earth
materials, gravel, or aggregate debris | ||||||
10 | resulting from road construction
activities conducted by a | ||||||
11 | unit of government or construction activities due
to the | ||||||
12 | construction and installation of underground pipes, lines, | ||||||
13 | conduit
or wires off of the premises of a public utility | ||||||
14 | company which are
conducted by a public utility;
| ||||||
15 | (6) sites or facilities used by any person to | ||||||
16 | specifically conduct a
landscape composting operation;
| ||||||
17 | (7) regional facilities as defined in the Central | ||||||
18 | Midwest Interstate
Low-Level Radioactive Waste Compact;
| ||||||
19 | (8) the portion of a site or facility where coal | ||||||
20 | combustion wastes are
stored or disposed of in accordance | ||||||
21 | with subdivision (r)(2) or (r)(3) of
Section 21;
| ||||||
22 | (9) the portion of a site or facility used for the | ||||||
23 | collection,
storage or processing of waste tires as defined | ||||||
24 | in Title XIV;
| ||||||
25 | (10) the portion of a site or facility used for | ||||||
26 | treatment of
petroleum contaminated materials by |
| |||||||
| |||||||
1 | application onto or incorporation into
the soil surface and | ||||||
2 | any portion of that site or facility used for storage
of | ||||||
3 | petroleum contaminated materials before treatment. Only | ||||||
4 | those categories
of petroleum listed in Section
57.9(a)(3) | ||||||
5 | are exempt under this subdivision (10);
| ||||||
6 | (11) the portion of a site or facility where used oil | ||||||
7 | is collected or
stored prior to shipment to a recycling or | ||||||
8 | energy recovery facility, provided
that the used oil is | ||||||
9 | generated by households or commercial establishments, and
| ||||||
10 | the site or facility is a recycling center or a business | ||||||
11 | where oil or gasoline
is sold at retail; | ||||||
12 | (11.5) processing sites or facilities that receive | ||||||
13 | only on-specification used oil, as defined in 35 Ill. | ||||||
14 | Admin. Code 739, originating from used oil collectors for | ||||||
15 | processing that is managed under 35 Ill. Admin. Code 739 to | ||||||
16 | produce products for sale to off-site petroleum | ||||||
17 | facilities, if these processing sites or facilities are: | ||||||
18 | (i) located within a home rule unit of local government | ||||||
19 | with a population of at least 30,000 according to the 2000 | ||||||
20 | federal census, that home rule unit of local government has | ||||||
21 | been designated as an Urban Round II Empowerment Zone by | ||||||
22 | the United States Department of Housing and Urban | ||||||
23 | Development, and that home rule unit of local government | ||||||
24 | has enacted an ordinance approving the location of the site | ||||||
25 | or facility and provided funding for the site or facility; | ||||||
26 | and (ii) in compliance with all applicable zoning |
| |||||||
| |||||||
1 | requirements;
| ||||||
2 | (12) the portion of a site or facility utilizing coal | ||||||
3 | combustion waste
for stabilization and treatment of only | ||||||
4 | waste generated on that site or
facility when used in | ||||||
5 | connection with response actions pursuant to the federal
| ||||||
6 | Comprehensive Environmental Response, Compensation, and | ||||||
7 | Liability Act of 1980,
the federal Resource Conservation | ||||||
8 | and Recovery Act of 1976, or the Illinois
Environmental | ||||||
9 | Protection Act or as authorized by the Agency;
| ||||||
10 | (13) the portion of a site or facility accepting | ||||||
11 | exclusively general
construction or demolition debris, | ||||||
12 | located in a county with a population over
500,000 as of | ||||||
13 | January 1, 2000, and operated and located in accordance | ||||||
14 | with Section 22.38 of this Act; | ||||||
15 | (14) the portion of a site or facility, located within | ||||||
16 | a unit of local government that has enacted local zoning | ||||||
17 | requirements, used to accept, separate, and process | ||||||
18 | uncontaminated broken concrete, with or without protruding | ||||||
19 | metal bars, provided that the uncontaminated broken | ||||||
20 | concrete and metal bars are not speculatively accumulated, | ||||||
21 | are at the site or facility no longer than one year after | ||||||
22 | their acceptance, and are returned to the economic | ||||||
23 | mainstream in the form of raw materials or products;
| ||||||
24 | (15) the portion of a site or facility located in a | ||||||
25 | county with a population over 3,000,000 that has obtained | ||||||
26 | local siting approval under Section 39.2 of this Act for a |
| |||||||
| |||||||
1 | municipal waste incinerator on or before July 1, 2005 and | ||||||
2 | that is used for a non-hazardous waste transfer station;
| ||||||
3 | (16) a site or facility that temporarily holds in | ||||||
4 | transit for 10 days or less, non-petruscible solid waste in | ||||||
5 | original containers, no larger in capacity than 500 | ||||||
6 | gallons, provided that such waste is further transferred to | ||||||
7 | a recycling, disposal, treatment, or storage facility on a | ||||||
8 | non-contiguous site and provided such site or facility | ||||||
9 | complies with the applicable 10-day transfer requirements | ||||||
10 | of the federal Resource Conservation and Recovery Act of | ||||||
11 | 1976 and United States Department of Transportation | ||||||
12 | hazardous material requirements. For purposes of this | ||||||
13 | Section only, "non-petruscible solid waste" means waste | ||||||
14 | other than municipal garbage that does not rot or become | ||||||
15 | putrid, including, but not limited to, paints, solvent, | ||||||
16 | filters, and absorbents;
| ||||||
17 | (17)
the portion of a site or facility located in a | ||||||
18 | county with a population greater than 3,000,000 that has | ||||||
19 | obtained local siting approval, under Section 39.2 of this | ||||||
20 | Act, for a municipal waste incinerator on or before July 1, | ||||||
21 | 2005 and that is used for wood combustion facilities for | ||||||
22 | energy recovery that accept and burn only wood material, as | ||||||
23 | included in a fuel specification approved by the Agency;
| ||||||
24 | (18)
a transfer station used exclusively for landscape | ||||||
25 | waste, including a transfer station where landscape waste | ||||||
26 | is ground to reduce its volume, where the landscape waste |
| |||||||
| |||||||
1 | is held no longer than 18 months 24 hours from the time it | ||||||
2 | was received; and
| ||||||
3 | (19) the portion of a site or facility that (i) is used | ||||||
4 | for the composting of food scrap, livestock waste, crop | ||||||
5 | residue, uncontaminated wood waste, or paper waste, | ||||||
6 | including, but not limited to, corrugated paper or | ||||||
7 | cardboard, and (ii) meets all of the following | ||||||
8 | requirements: | ||||||
9 | (A) There must not be more than a total of 30,000 | ||||||
10 | cubic yards of livestock waste in raw form or in the | ||||||
11 | process of being composted at the site or facility at | ||||||
12 | any one time. | ||||||
13 | (B) All food scrap, livestock waste, crop residue, | ||||||
14 | uncontaminated wood waste, and paper waste must, by the | ||||||
15 | end of each operating day, be processed and placed into | ||||||
16 | an enclosed vessel in which air flow and temperature | ||||||
17 | are controlled, or all of the following additional | ||||||
18 | requirements must be met: | ||||||
19 | (i) The portion of the site or facility used | ||||||
20 | for the composting operation must include a | ||||||
21 | setback of at least 200 feet from the nearest | ||||||
22 | potable water supply well. | ||||||
23 | (ii) The portion of the site or facility used | ||||||
24 | for the composting operation must be located | ||||||
25 | outside the boundary of the 10-year floodplain or | ||||||
26 | floodproofed. |
| |||||||
| |||||||
1 | (iii) The portion of the site or facility used | ||||||
2 | for the composting operation must be located at | ||||||
3 | least one-eighth of a mile from the nearest | ||||||
4 | residence, other than a residence located on the | ||||||
5 | same property as the site or facility. | ||||||
6 | (iv) The portion of the site or facility used | ||||||
7 | for the composting operation must be located at | ||||||
8 | least one-eighth of a mile from the property line | ||||||
9 | of all of the following areas: | ||||||
10 | (I) Facilities that primarily serve to | ||||||
11 | house or treat people that are | ||||||
12 | immunocompromised or immunosuppressed, such as | ||||||
13 | cancer or AIDS patients; people with asthma, | ||||||
14 | cystic fibrosis, or bioaerosol allergies; or | ||||||
15 | children under the age of one year. | ||||||
16 | (II) Primary and secondary schools and | ||||||
17 | adjacent areas that the schools use for | ||||||
18 | recreation. | ||||||
19 | (III) Any facility for child care licensed | ||||||
20 | under Section 3 of the Child Care Act of 1969; | ||||||
21 | preschools; and adjacent areas that the | ||||||
22 | facilities or preschools use for recreation. | ||||||
23 | (v) By the end of each operating day, all food | ||||||
24 | scrap, livestock waste, crop residue, | ||||||
25 | uncontaminated wood waste, and paper waste must be | ||||||
26 | (i) processed into windrows or other piles and (ii) |
| |||||||
| |||||||
1 | covered in a manner that prevents scavenging by | ||||||
2 | birds and animals and that prevents other | ||||||
3 | nuisances. | ||||||
4 | (C) Food scrap, livestock waste, crop residue, | ||||||
5 | uncontaminated wood waste, paper waste, and compost | ||||||
6 | must not be placed within 5 feet of the water table. | ||||||
7 | (D) The site or facility must meet all of the | ||||||
8 | requirements of the Wild and Scenic Rivers Act (16 | ||||||
9 | U.S.C. 1271 et seq.). | ||||||
10 | (E) The site or facility must not (i) restrict the | ||||||
11 | flow of a 100-year flood, (ii) result in washout of | ||||||
12 | food scrap, livestock waste, crop residue, | ||||||
13 | uncontaminated wood waste, or paper waste from a | ||||||
14 | 100-year flood, or (iii) reduce the temporary water | ||||||
15 | storage capacity of the 100-year floodplain, unless | ||||||
16 | measures are undertaken to provide alternative storage | ||||||
17 | capacity, such as by providing lagoons, holding tanks, | ||||||
18 | or drainage around structures at the facility. | ||||||
19 | (F) The site or facility must not be located in any | ||||||
20 | area where it may pose a threat of harm or destruction | ||||||
21 | to the features for which: | ||||||
22 | (i) an irreplaceable historic or | ||||||
23 | archaeological site has been listed under the | ||||||
24 | National Historic Preservation Act (16 U.S.C. 470 | ||||||
25 | et seq.) or the Illinois Historic Preservation | ||||||
26 | Act; |
| |||||||
| |||||||
1 | (ii) a natural landmark has been designated by | ||||||
2 | the National Park Service or the Illinois State | ||||||
3 | Historic Preservation Office; or | ||||||
4 | (iii) a natural area has been designated as a | ||||||
5 | Dedicated Illinois Nature Preserve under the | ||||||
6 | Illinois Natural Areas Preservation Act. | ||||||
7 | (G) The site or facility must not be located in an | ||||||
8 | area where it may jeopardize the continued existence of | ||||||
9 | any designated endangered species, result in the | ||||||
10 | destruction or adverse modification of the critical | ||||||
11 | habitat for such species, or cause or contribute to the | ||||||
12 | taking of any endangered or threatened species of | ||||||
13 | plant, fish, or wildlife listed under the Endangered | ||||||
14 | Species Act (16 U.S.C. 1531 et seq.) or the Illinois | ||||||
15 | Endangered Species Protection Act. | ||||||
16 | (b) A new pollution control facility is:
| ||||||
17 | (1) a pollution control facility initially permitted | ||||||
18 | for development or
construction after July 1, 1981; or
| ||||||
19 | (2) the area of expansion beyond the boundary of a | ||||||
20 | currently permitted
pollution control facility; or
| ||||||
21 | (3) a permitted pollution control facility requesting | ||||||
22 | approval to
store, dispose of, transfer or incinerate, for | ||||||
23 | the first time, any special
or hazardous waste.
| ||||||
24 | (Source: P.A. 95-131, eff. 8-13-07; 95-177, eff. 1-1-08; | ||||||
25 | 95-331, eff. 8-21-07; 95-408, eff. 8-24-07; 95-876, eff. | ||||||
26 | 8-21-08; 96-418, eff. 1-1-10; 96-611, eff. 8-24-09; revised |
| |||||||
| |||||||
1 | 10-1-09.)
| ||||||
2 | (415 ILCS 5/3.535) (was 415 ILCS 5/3.53)
| ||||||
3 | Sec. 3.535. Waste.
"Waste" means any garbage, sludge from | ||||||
4 | a waste treatment plant,
water supply treatment plant, or air | ||||||
5 | pollution control facility or other
discarded material, | ||||||
6 | including solid, liquid, semi-solid, or contained
gaseous | ||||||
7 | material resulting from industrial, commercial, mining and
| ||||||
8 | agricultural operations, and from community activities, but | ||||||
9 | does not
include lignocellulosic agricultural residues, | ||||||
10 | organic landscape waste, clean wood waste, solid or dissolved | ||||||
11 | material in domestic sewage, or solid or
dissolved materials in | ||||||
12 | irrigation return flows, or coal combustion
by-products as | ||||||
13 | defined in Section 3.135, or industrial
discharges which are | ||||||
14 | point sources subject to permits under Section
402 of the | ||||||
15 | Federal Water Pollution Control Act, as now or hereafter
| ||||||
16 | amended, or source, special nuclear, or by-product materials as
| ||||||
17 | defined by the Atomic Energy Act of 1954, as amended (68 Stat. | ||||||
18 | 921)
or any solid or dissolved material from any facility | ||||||
19 | subject to
the Federal Surface Mining Control and Reclamation | ||||||
20 | Act of 1977 (P.L.
95-87) or the rules and regulations | ||||||
21 | thereunder or any law or rule or
regulation adopted by the | ||||||
22 | State of Illinois pursuant thereto.
| ||||||
23 | (Source: P.A. 92-574, eff. 6-26-02.)
| ||||||
24 | (415 ILCS 5/14.4) (from Ch. 111 1/2, par. 1014.4)
|
| |||||||
| |||||||
1 | Sec. 14.4. Groundwater rules.
| ||||||
2 | (a) No later than January 1, 1989, the Agency, after | ||||||
3 | consultation with the
Interagency Coordinating Committee on | ||||||
4 | Groundwater and the Groundwater Advisory
Council, shall | ||||||
5 | propose regulations to the Board prescribing standards and
| ||||||
6 | requirements for the following activities:
| ||||||
7 | (1) landfilling, land treating, surface impounding or | ||||||
8 | piling of special
waste and other wastes which could cause | ||||||
9 | contamination of groundwater and which
are generated on the | ||||||
10 | site, other than construction and demolition debris and | ||||||
11 | hazardous, livestock , agricultural, and landscape
waste , | ||||||
12 | and construction and demolition debris ;
| ||||||
13 | (2) storage of special waste in an underground storage | ||||||
14 | tank for which
federal regulatory requirements for the | ||||||
15 | protection of groundwater are not
applicable;
| ||||||
16 | (3) storage and related handling of pesticides and | ||||||
17 | fertilizers at a
facility for the purpose
of commercial | ||||||
18 | application;
| ||||||
19 | (4) storage and related handling of road oils and | ||||||
20 | de-icing agents at a
central location; and
| ||||||
21 | (5) storage and related handling of pesticides and | ||||||
22 | fertilizers at a
central location
for the purpose of | ||||||
23 | distribution to retail sales outlets.
| ||||||
24 | In preparing such regulation, the Agency shall provide as | ||||||
25 | it deems
necessary for more stringent provisions for those | ||||||
26 | activities enumerated in
this subsection which are not already |
| |||||||
| |||||||
1 | in existence. Any activity for which
such standards and | ||||||
2 | requirements are proposed may be referred to
as a new activity.
| ||||||
3 | For the purposes of this Section, the term "commercial | ||||||
4 | application"
shall not include the use of pesticides or | ||||||
5 | fertilizers in a manner incidental
to the primary business | ||||||
6 | activity.
| ||||||
7 | (a-5) On and after the effective date of this amendatory | ||||||
8 | Act of the 96th General Assembly, agricultural waste is exempt | ||||||
9 | from regulations proposed by the Agency under the authority of | ||||||
10 | paragraph (1) of subsection (a). | ||||||
11 | (b) No later than October 1, 1993, the Board shall | ||||||
12 | promulgate appropriate
regulations for existing activities. In | ||||||
13 | promulgating these regulations, the
Board shall, in addition to | ||||||
14 | the factors set forth in Title VII of this Act,
consider the | ||||||
15 | following:
| ||||||
16 | (1) appropriate programs for water quality monitoring;
| ||||||
17 | (2) reporting, recordkeeping and remedial response | ||||||
18 | measures;
| ||||||
19 | (3) appropriate technology-based measures for | ||||||
20 | pollution control; and
| ||||||
21 | (4) requirements for closure or discontinuance of | ||||||
22 | operations.
| ||||||
23 | Such regulations as are promulgated pursuant to this | ||||||
24 | subsection shall be
for the express purpose of protecting | ||||||
25 | groundwaters. The applicability of
such regulations shall be | ||||||
26 | limited to any existing activity which is located:
|
| |||||||
| |||||||
1 | (A) within a setback zone regulated by this Act, other | ||||||
2 | than an activity
located
on the same site as a | ||||||
3 | non-community water system well and for which the
owner is | ||||||
4 | the same for both the activity and the well; or
| ||||||
5 | (B) within a regulated recharge area as delineated by | ||||||
6 | Board regulation,
provided that:
| ||||||
7 | (i) the boundary of the lateral area of influence | ||||||
8 | of a community water
supply well located within the | ||||||
9 | recharge area includes such activity therein;
| ||||||
10 | (ii) the distance from the wellhead of the | ||||||
11 | community water supply to the
activity does not exceed | ||||||
12 | 2500 feet; and
| ||||||
13 | (iii) the community water supply well was in | ||||||
14 | existence prior to January
1, 1988.
| ||||||
15 | In addition, the Board shall ensure that the promulgated | ||||||
16 | regulations are
consistent with and not pre-emptive of the | ||||||
17 | certification system provided by
Section 14.5. The Board shall | ||||||
18 | modify the
regulations adopted under this subsection to provide | ||||||
19 | an exception for
existing activities subject to Section 14.6.
| ||||||
20 | (c) Concurrently with the action mandated by subsection | ||||||
21 | (a), the Agency
shall evaluate, with respect to the protection | ||||||
22 | of groundwater, the adequacy
of existing federal and State | ||||||
23 | regulations regarding the disposal of hazardous
waste and the | ||||||
24 | offsite disposal of special and municipal wastes. The Agency
| ||||||
25 | shall then propose, as it deems necessary, additional | ||||||
26 | regulations for such new
disposal activities as may be |
| |||||||
| |||||||
1 | necessary to achieve a level of groundwater
protection that is | ||||||
2 | consistent with the regulations proposed under
subsection (a) | ||||||
3 | of this Section.
| ||||||
4 | (d) Following receipt of proposed regulations submitted by | ||||||
5 | the Agency
pursuant to subsection (a) of this Section, the | ||||||
6 | Board shall promulgate
appropriate regulations for new | ||||||
7 | activities. In promulgating these
regulations, the Board | ||||||
8 | shall, in addition to the factors set forth in
Title VII of | ||||||
9 | this Act, consider the following:
| ||||||
10 | (1) appropriate programs for water quality monitoring, | ||||||
11 | including, where
appropriate, notification limitations to | ||||||
12 | trigger preventive response
activities;
| ||||||
13 | (2) design practices and technology-based measures | ||||||
14 | appropriate for
minimizing the potential for groundwater | ||||||
15 | contamination;
| ||||||
16 | (3) reporting, recordkeeping and remedial response | ||||||
17 | measures; and
| ||||||
18 | (4) requirements for closure or discontinuance of | ||||||
19 | operations.
| ||||||
20 | Such regulations as are promulgated pursuant to this | ||||||
21 | subsection shall be
for the express purpose of protecting | ||||||
22 | groundwaters. The applicability of
such regulations shall be | ||||||
23 | limited to any new activity which is to be
located within a | ||||||
24 | setback zone regulated by this Act, or which is to be
located | ||||||
25 | within a regulated recharge area as delineated by Board | ||||||
26 | regulation.
In addition, the Board shall ensure that the |
| |||||||
| |||||||
1 | promulgated regulations are
consistent with and not | ||||||
2 | pre-emptive of the certification system provided
by Section | ||||||
3 | 14.5. The
Board shall modify the regulations adopted under this | ||||||
4 | subsection to provide
an exception for new activities subject | ||||||
5 | to Section 14.6.
| ||||||
6 | (e) Nothing in this Section shall be construed as | ||||||
7 | prohibiting any person
for whom regulations are promulgated by | ||||||
8 | the
Board pursuant to subsection (b) or (c) of this Section, | ||||||
9 | from proposing and
obtaining, concurrently with the | ||||||
10 | regulations proposed by the Agency
pursuant to subsection (a) | ||||||
11 | of this Section, a rule specific to individual
persons or sites | ||||||
12 | pursuant to Title VII of this Act which codifies
alternative | ||||||
13 | groundwater protection methods that provide substantially
| ||||||
14 | equivalent protection for community water supplies.
| ||||||
15 | (f) Nothing in this Section shall be construed as limiting | ||||||
16 | the power of
any county or municipality to adopt ordinances, | ||||||
17 | which are consistent with
but not more stringent than the | ||||||
18 | regulations adopted by the Board pursuant
to this Section, for | ||||||
19 | application of standards and requirements
within such setback | ||||||
20 | zones as are provided by this Act.
| ||||||
21 | (g) The Agency shall prepare a groundwater protection | ||||||
22 | regulatory agenda
for submittal to the Interagency | ||||||
23 | Coordinating Committee on Groundwater and
the Groundwater | ||||||
24 | Advisory Council. In preparing this agenda, the Agency
shall | ||||||
25 | consider situations where gaps may exist in federal or State
| ||||||
26 | regulatory protection for groundwater, or where further |
| |||||||
| |||||||
1 | refinements could
be necessary to achieve adequate protection | ||||||
2 | of groundwater.
| ||||||
3 | (h) Nothing in this Section shall be construed as limiting | ||||||
4 | the general
authority of the Board to promulgate regulations | ||||||
5 | pursuant to Title VII of this
Act.
| ||||||
6 | (i) The Board's rulemaking with respect to subsection | ||||||
7 | (a)(3) of this
Section shall take into account the relevant | ||||||
8 | aspects of the
Department of Agriculture's Part 255 regulations | ||||||
9 | which specify containment
rules for agrichemical facilities.
| ||||||
10 | (Source: P.A. 92-574, eff. 6-26-02.)
| ||||||
11 | (415 ILCS 5/22.22) (from Ch. 111 1/2, par. 1022.22)
| ||||||
12 | Sec. 22.22. Landscape waste.
| ||||||
13 | (a) Beginning July 1, 1990, no person may knowingly mix
| ||||||
14 | landscape waste that is intended for collection or for disposal | ||||||
15 | at a
landfill with any other municipal waste.
| ||||||
16 | (b) Beginning July 1, 1990, no person may knowingly put | ||||||
17 | landscape waste
into a container intended for collection or | ||||||
18 | disposal at a landfill, unless
such container is biodegradable.
| ||||||
19 | (c) No Beginning July 1, 1990, no owner or operator of a | ||||||
20 | sanitary landfill
may shall accept landscape waste for final | ||||||
21 | disposal, except that landscape waste
separated from municipal | ||||||
22 | waste may be accepted by a sanitary landfill if (1)
the | ||||||
23 | landfill provides and maintains for that purpose separate | ||||||
24 | landscape waste processing
composting facilities , such as | ||||||
25 | facilities for landscape waste composting, digestion, or |
| |||||||
| |||||||
1 | gasification, and processes composts all landscape waste, and | ||||||
2 | (2) the processed composted
waste is utilized, by the operators | ||||||
3 | of the landfill or by any other person , for power and heat | ||||||
4 | generation , or as
part of the final vegetative cover for the | ||||||
5 | landfill , or for such other uses as
soil conditioning material, | ||||||
6 | or the landfill has received an Agency permit to
use source | ||||||
7 | separated and processed landscape waste as an alternative daily
| ||||||
8 | cover and the landscape waste is processed at a site, other | ||||||
9 | than the sanitary
landfill, that has received an Agency permit | ||||||
10 | before July 30, 1997 to process landscape waste.
For purposes | ||||||
11 | of this Section, (i) "source separated" means divided into its
| ||||||
12 | component parts at the point of generation and collected | ||||||
13 | separately
from other solid waste and (ii) "processed" means | ||||||
14 | shredded by mechanical means
to reduce the landscape waste to a | ||||||
15 | uniform consistency.
| ||||||
16 | (d) The requirements of this Section shall not apply (i) to | ||||||
17 | landscape
waste collected as part of a municipal street | ||||||
18 | sweeping operation where the
intent is to provide street | ||||||
19 | sweeping service rather than leaf collection,
nor (ii) to | ||||||
20 | landscape waste collected by bar screens or grates in a sewage
| ||||||
21 | treatment system.
| ||||||
22 | (Source: P.A. 92-574, eff. 6-26-02.)
| ||||||
23 | (415 ILCS 5/22.37 new) | ||||||
24 | Sec. 22.37. Gasification quality standards. | ||||||
25 | (a) By January 1, 2011, the Agency shall develop and make |
| |||||||
| |||||||
1 | recommendations to the Board concerning (i) performance | ||||||
2 | standards for landscape waste gasification facilities and (ii) | ||||||
3 | testing procedures and standards for the end product produced | ||||||
4 | by landscape waste gasification facilities. | ||||||
5 | (b) Performance standards for landscape waste gasification | ||||||
6 | facilities shall, at a minimum: | ||||||
7 | (1) provide for the management of odor; | ||||||
8 | (2) provide for the management of surface water; | ||||||
9 | (3) specify the acceptable uses of end product produced | ||||||
10 | by the facility; and | ||||||
11 | (4) require a financial assurance plan necessary to | ||||||
12 | restore the site as specified in an Agency permit. | ||||||
13 | (c) By December 1, 2012, the Board shall adopt: | ||||||
14 | (1) performance standards for landscape waste | ||||||
15 | gasification facilities; and | ||||||
16 | (2) testing procedures and standards for the end | ||||||
17 | product produced by landscape waste gasification | ||||||
18 | facilities. | ||||||
19 | The Board shall evaluate the merits of different standards | ||||||
20 | for end product gasification applications. | ||||||
21 | (d) On-site gasification that is used solely for the | ||||||
22 | purpose of local generation of heat and electric power is | ||||||
23 | exempt from any standards promulgated under subsections (a) and | ||||||
24 | (b).
| ||||||
25 | (415 ILCS 5/39.2) (from Ch. 111 1/2, par. 1039.2)
|
| |||||||
| |||||||
1 | Sec. 39.2. Local siting review.
| ||||||
2 | (a) The county board of the county or the governing body of | ||||||
3 | the
municipality, as determined by paragraph (c) of Section 39 | ||||||
4 | of this Act, shall
approve or disapprove the request for local | ||||||
5 | siting approval for each pollution
control facility which is | ||||||
6 | subject to such review. An applicant for local
siting approval | ||||||
7 | shall submit sufficient details describing the proposed
| ||||||
8 | facility to demonstrate compliance, and local siting approval | ||||||
9 | shall be granted
only if the proposed facility meets the | ||||||
10 | following criteria:
| ||||||
11 | (i) the facility is necessary to accommodate the waste | ||||||
12 | needs of the area
it is intended to serve;
| ||||||
13 | (ii) the facility is so designed, located and proposed | ||||||
14 | to be operated
that the public health, safety and welfare | ||||||
15 | will be protected;
| ||||||
16 | (iii) the facility is located so as to minimize | ||||||
17 | incompatibility with the
character of the surrounding area | ||||||
18 | and to minimize the effect on the value of
the surrounding | ||||||
19 | property;
| ||||||
20 | (iv) (A) for a facility other than a sanitary landfill | ||||||
21 | or waste disposal
site, the facility is located outside the | ||||||
22 | boundary of the 100 year flood plain
or the site is | ||||||
23 | flood-proofed; (B) for a facility that is a sanitary | ||||||
24 | landfill
or waste disposal site, the facility is located | ||||||
25 | outside the boundary of the
100-year floodplain, or if the | ||||||
26 | facility is a facility described in subsection
(b)(3) of |
| |||||||
| |||||||
1 | Section 22.19a, the site is flood-proofed , where "flood | ||||||
2 | proofed" means, for the purposes of this item (iv), being | ||||||
3 | designed to minimize or eliminate infiltration of flood | ||||||
4 | waters into the facility and discharges from the facility | ||||||
5 | into flood waters and being constructed to avoid impairment | ||||||
6 | or contamination during flooding ;
| ||||||
7 | (v) the plan of operations for the facility is designed | ||||||
8 | to minimize
the danger to the surrounding area from fire, | ||||||
9 | spills, or other operational
accidents;
| ||||||
10 | (vi) the traffic patterns to or from the facility are | ||||||
11 | so designed as to
minimize the impact on existing traffic | ||||||
12 | flows;
| ||||||
13 | (vii) if the facility will be treating, storing or | ||||||
14 | disposing of
hazardous waste, an emergency response plan | ||||||
15 | exists for the facility which
includes notification, | ||||||
16 | containment and evacuation procedures to be used in
case of | ||||||
17 | an accidental release;
| ||||||
18 | (viii) if the facility is to be located in a county | ||||||
19 | where the county
board has adopted a solid waste management | ||||||
20 | plan consistent with the planning
requirements of the Local | ||||||
21 | Solid Waste Disposal Act or the Solid Waste Planning
and | ||||||
22 | Recycling Act, the facility is
consistent with that plan; | ||||||
23 | for purposes of this criterion (viii), the "solid waste | ||||||
24 | management plan" means the plan that is in effect as of the | ||||||
25 | date the application for siting approval is filed; and
| ||||||
26 | (ix) if the facility will be located within a regulated |
| |||||||
| |||||||
1 | recharge area,
any applicable requirements specified by | ||||||
2 | the Board for such areas have been
met.
| ||||||
3 | The county board or the governing body of the municipality | ||||||
4 | may also
consider as evidence the previous operating experience | ||||||
5 | and past record of
convictions or admissions of violations of | ||||||
6 | the applicant (and any subsidiary
or parent corporation) in the | ||||||
7 | field of solid waste management when
considering criteria (ii) | ||||||
8 | and (v) under this Section. | ||||||
9 | If the facility is subject to the location restrictions in | ||||||
10 | Section 22.14 of this Act, compliance with that Section shall | ||||||
11 | be determined as of the date the application for siting | ||||||
12 | approval is filed.
| ||||||
13 | (b) No later than 14 days before the date on which the | ||||||
14 | county board or
governing body of the municipality receives a | ||||||
15 | request for
site approval, the applicant shall cause written | ||||||
16 | notice
of such request to be served either in person or by | ||||||
17 | registered mail, return
receipt requested, on the owners of all | ||||||
18 | property within the subject area not
solely owned by the | ||||||
19 | applicant, and on the owners of all property within 250
feet in | ||||||
20 | each direction of the lot line of the subject property, said | ||||||
21 | owners
being such persons or entities which appear from the | ||||||
22 | authentic tax records of
the County in which such facility is | ||||||
23 | to be located; provided, that the number
of all feet occupied | ||||||
24 | by all public roads, streets, alleys and other public ways
| ||||||
25 | shall be excluded in computing the 250 feet requirement; | ||||||
26 | provided further, that
in no event shall this requirement |
| |||||||
| |||||||
1 | exceed 400 feet, including public streets,
alleys and other | ||||||
2 | public ways.
| ||||||
3 | Such written notice shall also be served upon members of | ||||||
4 | the General Assembly
from the legislative district in which the | ||||||
5 | proposed facility is located
and shall be published in a | ||||||
6 | newspaper of general circulation published in
the county in | ||||||
7 | which the site is located.
| ||||||
8 | Such notice shall state the name and address of the | ||||||
9 | applicant, the location
of the proposed site, the nature and | ||||||
10 | size of the development, the nature of the
activity proposed, | ||||||
11 | the probable life of the proposed activity, the date when
the | ||||||
12 | request for site approval will be submitted, and a description | ||||||
13 | of the right
of persons to comment on such request as hereafter | ||||||
14 | provided.
| ||||||
15 | (c) An applicant shall file a copy of its request with the | ||||||
16 | county board
of the county or the governing body of the | ||||||
17 | municipality in which the proposed
site is located. The request | ||||||
18 | shall include (i) the substance of the
applicant's proposal and | ||||||
19 | (ii) all documents, if any, submitted as of that date
to the | ||||||
20 | Agency pertaining to the proposed facility, except trade | ||||||
21 | secrets as
determined under Section 7.1 of this Act. All such | ||||||
22 | documents or other
materials on file with the county board or | ||||||
23 | governing body of the municipality
shall be made available for | ||||||
24 | public inspection at the office of the county board
or the | ||||||
25 | governing body of the municipality and may be copied upon | ||||||
26 | payment of the
actual cost of reproduction.
|
| |||||||
| |||||||
1 | Any person may file written comment with the county board | ||||||
2 | or governing
body of the municipality concerning the | ||||||
3 | appropriateness of the proposed
site for its intended purpose. | ||||||
4 | The county board or governing body of the
municipality shall | ||||||
5 | consider any comment received or postmarked not later
than 30 | ||||||
6 | days after the date of the last public hearing.
| ||||||
7 | (d) At least one public hearing is to be held by the county | ||||||
8 | board or
governing body of the municipality no sooner than 90 | ||||||
9 | days but no later than
120 days after the date on which it | ||||||
10 | received the
request for site approval. No later than 14 days | ||||||
11 | prior to such hearing,
notice shall be published in a newspaper | ||||||
12 | of general circulation published in
the county of the proposed | ||||||
13 | site, and delivered by certified mail to all members
of the | ||||||
14 | General Assembly from the district in which the proposed site | ||||||
15 | is
located, to the governing authority of every municipality | ||||||
16 | contiguous to the
proposed site or contiguous to the | ||||||
17 | municipality in which the proposed site is
to be located, to | ||||||
18 | the county board of the county where the proposed site is to
be | ||||||
19 | located, if the proposed site is located within the boundaries | ||||||
20 | of a
municipality, and to the Agency. Members or | ||||||
21 | representatives of the governing
authority of a municipality | ||||||
22 | contiguous to the proposed site or contiguous to
the | ||||||
23 | municipality in which the proposed site is to be located and, | ||||||
24 | if the
proposed site is located in a municipality, members or | ||||||
25 | representatives of the
county board of a county in which the | ||||||
26 | proposed site is to be located may appear
at and participate in |
| |||||||
| |||||||
1 | public hearings held pursuant to this Section. The
public | ||||||
2 | hearing shall develop a record sufficient to form the basis of | ||||||
3 | appeal
of the decision in accordance with Section 40.1 of this | ||||||
4 | Act. The fact that a
member of the county board or governing | ||||||
5 | body of the municipality has publicly
expressed an opinion on | ||||||
6 | an issue related to a site review proceeding shall not
preclude | ||||||
7 | the member from taking part in the proceeding and voting on the | ||||||
8 | issue.
| ||||||
9 | (e) Decisions of the county board or governing body of the | ||||||
10 | municipality
are to be in writing, specifying the reasons for | ||||||
11 | the decision, such reasons
to be in conformance with subsection | ||||||
12 | (a) of this Section. In granting approval
for a site the county | ||||||
13 | board or governing body of the municipality may impose
such | ||||||
14 | conditions as may be reasonable and necessary to accomplish the | ||||||
15 | purposes
of this Section and as are not inconsistent with | ||||||
16 | regulations promulgated
by the Board. Such decision shall be | ||||||
17 | available for public inspection at
the office of the county | ||||||
18 | board or governing body of the municipality and
may be copied | ||||||
19 | upon payment of the actual cost of reproduction. If there is
no | ||||||
20 | final action by the county board or governing body of the | ||||||
21 | municipality
within 180 days after the date on which it | ||||||
22 | received the
request for site approval, the applicant may deem | ||||||
23 | the request approved.
| ||||||
24 | At any time prior to completion by the applicant of the | ||||||
25 | presentation of
the applicant's factual evidence and an | ||||||
26 | opportunity for cross-questioning
by the county board or |
| |||||||
| |||||||
1 | governing body of the municipality and any participants,
the | ||||||
2 | applicant may file not more than one amended application upon | ||||||
3 | payment
of additional fees pursuant to subsection (k); in which | ||||||
4 | case the time
limitation for final action set forth in this | ||||||
5 | subsection (e) shall
be extended for an additional period of 90 | ||||||
6 | days.
| ||||||
7 | If, prior to making a final local siting decision, a county | ||||||
8 | board or
governing body of a municipality has negotiated and | ||||||
9 | entered into a host
agreement with the local siting applicant, | ||||||
10 | the terms and conditions of
the host agreement, whether written | ||||||
11 | or oral, shall be disclosed and made
a part of the hearing | ||||||
12 | record for that local siting proceeding.
In the case of an oral | ||||||
13 | agreement, the disclosure shall be made in the form
of a | ||||||
14 | written summary jointly prepared and submitted by the county | ||||||
15 | board or
governing body of the municipality and the siting | ||||||
16 | applicant and shall describe
the terms and conditions of the | ||||||
17 | oral agreement.
| ||||||
18 | (e-5) Siting approval obtained pursuant to this Section is | ||||||
19 | transferable
and may be transferred to a subsequent owner or | ||||||
20 | operator. In the event that
siting approval has been | ||||||
21 | transferred to a subsequent owner or operator, that
subsequent | ||||||
22 | owner or operator assumes and takes subject to any and all
| ||||||
23 | conditions imposed upon the prior owner or operator by the | ||||||
24 | county board of
the county or governing body of the | ||||||
25 | municipality pursuant to subsection (e).
However, any such | ||||||
26 | conditions imposed pursuant to this Section may be modified
by |
| |||||||
| |||||||
1 | agreement between the subsequent owner or operator and the | ||||||
2 | appropriate
county board or governing body. Further, in the | ||||||
3 | event that siting approval
obtained pursuant to this Section | ||||||
4 | has been transferred to a subsequent owner or
operator, that | ||||||
5 | subsequent owner or operator assumes all rights and obligations
| ||||||
6 | and takes the facility subject to any and all terms and | ||||||
7 | conditions of any
existing host agreement between the prior | ||||||
8 | owner or operator and the appropriate
county board or governing | ||||||
9 | body.
| ||||||
10 | (f) A local siting approval granted under this Section | ||||||
11 | shall expire at
the end of 2 calendar years from the date upon | ||||||
12 | which it was granted, unless
the local siting approval granted | ||||||
13 | under this Section is for a sanitary landfill
operation, in | ||||||
14 | which case the approval shall expire at the end of 3 calendar
| ||||||
15 | years from the date upon which it was granted, and unless | ||||||
16 | within that period
the applicant has made application to the | ||||||
17 | Agency for a
permit to develop the site. In the event that the | ||||||
18 | local siting decision has
been appealed, such expiration period | ||||||
19 | shall be deemed to begin on the date
upon which the appeal | ||||||
20 | process is concluded.
| ||||||
21 | Except as otherwise provided in this subsection, upon the | ||||||
22 | expiration
of a development permit under subsection (k) of | ||||||
23 | Section 39, any associated
local siting approval granted for | ||||||
24 | the facility under this Section shall also
expire.
| ||||||
25 | If a first development permit for a municipal waste | ||||||
26 | incineration
facility expires under subsection (k) of Section |
| |||||||
| |||||||
1 | 39 after September 30,
1989 due to circumstances beyond the | ||||||
2 | control of the applicant, any
associated local siting approval | ||||||
3 | granted for the facility under this
Section may be used to | ||||||
4 | fulfill the local siting approval requirement upon
application | ||||||
5 | for a second development permit for the same site, provided
| ||||||
6 | that the proposal in the new application is materially the | ||||||
7 | same, with respect
to the criteria in subsection (a) of this | ||||||
8 | Section, as the proposal that
received the original siting | ||||||
9 | approval, and application for the second
development permit is | ||||||
10 | made before January 1, 1990.
| ||||||
11 | (g) The siting approval procedures, criteria and appeal | ||||||
12 | procedures
provided for in this Act for new pollution control | ||||||
13 | facilities
shall be the exclusive siting procedures and rules | ||||||
14 | and appeal procedures
for facilities subject to such | ||||||
15 | procedures. Local zoning or other local land
use requirements | ||||||
16 | shall not be applicable to such siting decisions.
| ||||||
17 | (h) Nothing in this Section shall apply to any existing or | ||||||
18 | new
pollution control facility located within the corporate | ||||||
19 | limits of
a municipality with a population of over 1,000,000.
| ||||||
20 | (i) (Blank.)
| ||||||
21 | The Board shall adopt regulations establishing the | ||||||
22 | geologic and
hydrologic siting criteria necessary to protect | ||||||
23 | usable groundwater
resources which are to be followed by the | ||||||
24 | Agency in its review of permit
applications for new pollution | ||||||
25 | control facilities. Such
regulations, insofar as they apply to | ||||||
26 | new pollution control
facilities authorized to store, treat or |
| |||||||
| |||||||
1 | dispose of any hazardous waste,
shall be at least as stringent | ||||||
2 | as the requirements of the Resource
Conservation and Recovery | ||||||
3 | Act and any State or federal regulations adopted
pursuant | ||||||
4 | thereto.
| ||||||
5 | (j) Any new pollution control facility which has never | ||||||
6 | obtained local
siting approval under the provisions of this | ||||||
7 | Section shall be required to
obtain such approval after a final | ||||||
8 | decision on an appeal of a permit denial.
| ||||||
9 | (k) A county board or governing body of a municipality may | ||||||
10 | charge
applicants for siting review under this Section a | ||||||
11 | reasonable fee to cover
the reasonable and necessary costs | ||||||
12 | incurred by such county or municipality
in the siting review | ||||||
13 | process.
| ||||||
14 | (l) The governing Authority as determined by subsection (c) | ||||||
15 | of Section
39 of this Act may request the Department of | ||||||
16 | Transportation to perform
traffic impact studies of proposed or | ||||||
17 | potential locations for required
pollution control facilities.
| ||||||
18 | (m) An applicant may not file a request for local siting | ||||||
19 | approval which is
substantially the same as a request which was | ||||||
20 | disapproved pursuant to a
finding against the applicant under | ||||||
21 | any of criteria (i) through (ix) of
subsection (a) of this | ||||||
22 | Section within the preceding 2 years.
| ||||||
23 | (n) In any review proceeding of a decision of the county | ||||||
24 | board or
governing body of a municipality made pursuant to the | ||||||
25 | local
siting review process, the petitioner in the review | ||||||
26 | proceeding shall pay to
the county or municipality the cost of |
| |||||||
| |||||||
1 | preparing and certifying the record
of proceedings. Should the | ||||||
2 | petitioner in the review proceeding fail to make
payment, the | ||||||
3 | provisions of Section 3-109 of the Code of Civil
Procedure | ||||||
4 | shall apply.
| ||||||
5 | In the event the petitioner is a citizens' group that | ||||||
6 | participated in the
siting proceeding and is so located as to | ||||||
7 | be affected by the proposed
facility, such petitioner shall be | ||||||
8 | exempt from paying the costs of
preparing and certifying the | ||||||
9 | record.
| ||||||
10 | (o) Notwithstanding any other provision of this Section, a | ||||||
11 | transfer
station used exclusively for landscape waste, where | ||||||
12 | landscape waste is held
no longer than 24 hours from the time | ||||||
13 | it was received, is not subject to the
requirements of local | ||||||
14 | siting approval under this Section, but is subject only
to | ||||||
15 | local zoning approval.
| ||||||
16 | (Source: P.A. 94-591, eff. 8-15-05; 95-288, eff. 8-20-07.)
| ||||||
17 | (415 ILCS 5/39.5) (from Ch. 111 1/2, par. 1039.5)
| ||||||
18 | Sec. 39.5. Clean Air Act Permit Program.
| ||||||
19 | 1. Definitions.
| ||||||
20 | For purposes of this Section:
| ||||||
21 | "Administrative permit amendment" means a permit revision | ||||||
22 | subject to
subsection 13 of this Section.
| ||||||
23 | "Affected source for acid deposition" means a source that | ||||||
24 | includes one or
more affected units under Title IV of the Clean | ||||||
25 | Air Act.
|
| |||||||
| |||||||
1 | "Affected States" for purposes of formal distribution of a | ||||||
2 | draft CAAPP permit
to other States for comments prior to | ||||||
3 | issuance, means all States:
| ||||||
4 | (1) Whose air quality may be affected by the source | ||||||
5 | covered by the draft
permit and that are contiguous to | ||||||
6 | Illinois; or
| ||||||
7 | (2) That are within 50 miles of the source.
| ||||||
8 | "Affected unit for acid deposition" shall have the meaning | ||||||
9 | given to the term
"affected unit" in the regulations | ||||||
10 | promulgated under Title IV of the Clean Air
Act.
| ||||||
11 | "Applicable Clean Air Act requirement" means all of the | ||||||
12 | following as they
apply to emissions units in a source | ||||||
13 | (including regulations that have been
promulgated or approved | ||||||
14 | by USEPA pursuant to the Clean Air Act which directly
impose | ||||||
15 | requirements upon a source and other such federal requirements | ||||||
16 | which
have been adopted by the Board. These may include | ||||||
17 | requirements and regulations
which have future effective | ||||||
18 | compliance dates. Requirements and regulations
will be exempt | ||||||
19 | if USEPA determines that such requirements need not be | ||||||
20 | contained
in a Title V permit):
| ||||||
21 | (1) Any standard or other requirement provided for in | ||||||
22 | the applicable state
implementation plan approved or | ||||||
23 | promulgated by USEPA under Title I of the Clean
Air Act | ||||||
24 | that implement the relevant requirements of the Clean Air | ||||||
25 | Act,
including any revisions to the state Implementation | ||||||
26 | Plan promulgated in 40 CFR
Part 52, Subparts A and O and |
| |||||||
| |||||||
1 | other subparts applicable to Illinois. For
purposes of this | ||||||
2 | subsection (1) of this definition, "any standard or other
| ||||||
3 | requirement" shall mean only such standards or | ||||||
4 | requirements directly
enforceable against an individual | ||||||
5 | source under the Clean Air Act.
| ||||||
6 | (2)(i) Any term or condition of any preconstruction | ||||||
7 | permits issued
pursuant to regulations approved or | ||||||
8 | promulgated by USEPA under Title I of the
Clean Air | ||||||
9 | Act, including Part C or D of the Clean Air Act.
| ||||||
10 | (ii) Any term or condition as required pursuant to | ||||||
11 | Section 39.5 of any
federally enforceable State | ||||||
12 | operating permit issued pursuant to regulations
| ||||||
13 | approved or promulgated by USEPA under Title I of the | ||||||
14 | Clean Air Act, including
Part C or D of the Clean Air | ||||||
15 | Act.
| ||||||
16 | (3) Any standard or other requirement under Section 111 | ||||||
17 | of the Clean Air
Act, including Section 111(d).
| ||||||
18 | (4) Any standard or other requirement under Section 112 | ||||||
19 | of the Clean Air
Act, including any requirement concerning | ||||||
20 | accident prevention under Section
112(r)(7) of the Clean | ||||||
21 | Air Act.
| ||||||
22 | (5) Any standard or other requirement of the acid rain | ||||||
23 | program under Title
IV of the Clean Air Act or the | ||||||
24 | regulations promulgated thereunder.
| ||||||
25 | (6) Any requirements established pursuant to Section | ||||||
26 | 504(b) or Section
114(a)(3) of the Clean Air Act.
|
| |||||||
| |||||||
1 | (7) Any standard or other requirement governing solid | ||||||
2 | waste incineration,
under Section 129 of the Clean Air Act.
| ||||||
3 | (8) Any standard or other requirement for consumer and | ||||||
4 | commercial
products, under Section 183(e) of the Clean Air | ||||||
5 | Act.
| ||||||
6 | (9) Any standard or other requirement for tank vessels, | ||||||
7 | under Section
183(f) of the Clean Air Act.
| ||||||
8 | (10) Any standard or other requirement of the program | ||||||
9 | to control air
pollution from Outer Continental Shelf | ||||||
10 | sources, under Section 328 of the Clean
Air Act.
| ||||||
11 | (11) Any standard or other requirement of the | ||||||
12 | regulations promulgated to
protect stratospheric ozone | ||||||
13 | under Title VI of the Clean Air Act, unless USEPA
has | ||||||
14 | determined that such requirements need not be contained in | ||||||
15 | a Title V
permit.
| ||||||
16 | (12) Any national ambient air quality standard or | ||||||
17 | increment or visibility
requirement under Part C of Title I | ||||||
18 | of the Clean Air Act, but only as it would
apply to | ||||||
19 | temporary sources permitted pursuant to Section 504(e) of | ||||||
20 | the Clean
Air Act.
| ||||||
21 | "Applicable requirement" means all applicable Clean Air | ||||||
22 | Act requirements and
any other standard, limitation, or other | ||||||
23 | requirement contained in this Act or
regulations promulgated | ||||||
24 | under this Act as applicable to sources of air
contaminants | ||||||
25 | (including requirements that have future effective compliance
| ||||||
26 | dates).
|
| |||||||
| |||||||
1 | "CAAPP" means the Clean Air Act Permit Program, developed | ||||||
2 | pursuant to Title V
of the Clean Air Act.
| ||||||
3 | "CAAPP application" means an application for a CAAPP | ||||||
4 | permit.
| ||||||
5 | "CAAPP Permit" or "permit" (unless the context suggests | ||||||
6 | otherwise) means any
permit issued, renewed, amended, modified | ||||||
7 | or revised pursuant to Title V of the
Clean Air Act.
| ||||||
8 | "CAAPP source" means any source for which the owner or | ||||||
9 | operator is required
to obtain a CAAPP permit pursuant to | ||||||
10 | subsection 2 of this Section.
| ||||||
11 | "Clean Air Act" means the Clean Air Act, as now and | ||||||
12 | hereafter amended, 42
U.S.C. 7401, et seq.
| ||||||
13 | "Designated representative" shall have the meaning given | ||||||
14 | to it in Section
402(26) of the Clean Air Act and the | ||||||
15 | regulations promulgated thereunder which
states that the term | ||||||
16 | 'designated representative' shall mean a responsible
person or | ||||||
17 | official authorized by the owner or operator of a unit to | ||||||
18 | represent
the owner or operator in all matters pertaining to | ||||||
19 | the holding, transfer, or
disposition of allowances allocated | ||||||
20 | to a unit, and the submission of and
compliance with permits, | ||||||
21 | permit applications, and compliance plans for the
unit.
| ||||||
22 | "Draft CAAPP permit" means the version of a CAAPP permit | ||||||
23 | for which public
notice and an opportunity for public comment | ||||||
24 | and hearing is offered by the
Agency.
| ||||||
25 | "Effective date of the CAAPP" means the date that USEPA | ||||||
26 | approves Illinois'
CAAPP.
|
| |||||||
| |||||||
1 | "Emission unit" means any part or activity of a stationary | ||||||
2 | source that emits
or has the potential to emit any air | ||||||
3 | pollutant. This term is not meant to
alter or affect the | ||||||
4 | definition of the term "unit" for purposes of Title IV of
the | ||||||
5 | Clean Air Act.
| ||||||
6 | "Federally enforceable" means enforceable by USEPA.
| ||||||
7 | "Final permit action" means the Agency's granting with | ||||||
8 | conditions, refusal to
grant, renewal of, or revision of a | ||||||
9 | CAAPP permit, the Agency's determination of
incompleteness of a | ||||||
10 | submitted CAAPP application, or the Agency's failure to act
on | ||||||
11 | an application for a permit, permit renewal, or permit revision | ||||||
12 | within the
time specified in paragraph 5(j), subsection 13, or | ||||||
13 | subsection 14 of this
Section.
| ||||||
14 | "General permit" means a permit issued to cover numerous | ||||||
15 | similar sources in
accordance with subsection 11 of this | ||||||
16 | Section.
| ||||||
17 | "Major source" means a source for which emissions of one or | ||||||
18 | more air
pollutants meet the criteria for major status pursuant | ||||||
19 | to paragraph 2(c) of
this Section.
| ||||||
20 | "Maximum achievable control technology" or "MACT" means | ||||||
21 | the maximum degree of
reductions in emissions deemed achievable | ||||||
22 | under Section 112 of the Clean
Air Act.
| ||||||
23 | "Owner or operator" means any person who owns, leases, | ||||||
24 | operates, controls, or
supervises a stationary source.
| ||||||
25 | "Permit modification" means a revision to a CAAPP permit | ||||||
26 | that cannot be
accomplished under the provisions for |
| |||||||
| |||||||
1 | administrative permit amendments under
subsection 13 of this
| ||||||
2 | Section.
| ||||||
3 | "Permit revision" means a permit modification or | ||||||
4 | administrative permit
amendment.
| ||||||
5 | "Phase II" means the period of the national acid rain | ||||||
6 | program,
established under Title IV of the Clean Air Act, | ||||||
7 | beginning January 1,
2000, and continuing thereafter.
| ||||||
8 | "Phase II acid rain permit" means the portion of a CAAPP | ||||||
9 | permit issued,
renewed, modified, or revised by the Agency | ||||||
10 | during Phase II for an affected
source for acid deposition.
| ||||||
11 | "Potential to emit" means the maximum capacity of a | ||||||
12 | stationary source to emit
any air pollutant under its physical | ||||||
13 | and operational design. Any physical or
operational limitation | ||||||
14 | on the capacity of a source to emit an air pollutant,
including | ||||||
15 | air pollution control equipment and restrictions on hours of
| ||||||
16 | operation or on the type or amount of material combusted, | ||||||
17 | stored, or processed,
shall be treated as part of its design if | ||||||
18 | the limitation is enforceable by
USEPA. This definition does | ||||||
19 | not alter or affect the use of this term for any
other purposes | ||||||
20 | under the Clean Air Act, or the term "capacity factor" as used
| ||||||
21 | in Title IV of the Clean Air Act or the regulations promulgated | ||||||
22 | thereunder.
| ||||||
23 | "Preconstruction Permit" or "Construction Permit" means a | ||||||
24 | permit which is to
be obtained prior to commencing or beginning | ||||||
25 | actual construction or
modification of a source or emissions | ||||||
26 | unit.
|
| |||||||
| |||||||
1 | "Proposed CAAPP permit" means the version of a CAAPP permit | ||||||
2 | that the Agency
proposes to issue and forwards to USEPA for | ||||||
3 | review in compliance with
applicable requirements of the Act | ||||||
4 | and regulations promulgated thereunder.
| ||||||
5 | "Regulated air pollutant" means the following:
| ||||||
6 | (1) Nitrogen oxides (NOx) or any volatile organic | ||||||
7 | compound.
| ||||||
8 | (2) Any pollutant for which a national ambient air | ||||||
9 | quality standard has
been promulgated.
| ||||||
10 | (3) Any pollutant that is subject to any standard | ||||||
11 | promulgated under
Section 111 of the Clean Air Act.
| ||||||
12 | (4) Any Class I or II substance subject to a standard | ||||||
13 | promulgated
under or established by Title VI of the Clean | ||||||
14 | Air Act.
| ||||||
15 | (5) Any pollutant subject to a standard promulgated | ||||||
16 | under Section 112 or
other requirements established under | ||||||
17 | Section 112 of the Clean Air Act,
including Sections | ||||||
18 | 112(g), (j) and (r).
| ||||||
19 | (i) Any pollutant subject to requirements under | ||||||
20 | Section 112(j) of the
Clean Air Act. Any pollutant | ||||||
21 | listed under Section 112(b) for which the subject
| ||||||
22 | source would be major shall be considered to be | ||||||
23 | regulated 18 months after the
date on which USEPA was | ||||||
24 | required to promulgate an applicable standard pursuant
| ||||||
25 | to Section 112(e) of the Clean Air Act, if USEPA fails | ||||||
26 | to promulgate such
standard.
|
| |||||||
| |||||||
1 | (ii) Any pollutant for which the requirements of | ||||||
2 | Section 112(g)(2) of
the Clean Air Act have been met, | ||||||
3 | but only with respect to the individual source
subject | ||||||
4 | to Section 112(g)(2) requirement.
| ||||||
5 | "Renewal" means the process by which a permit is reissued | ||||||
6 | at the end of its
term.
| ||||||
7 | "Responsible official" means one of the following:
| ||||||
8 | (1) For a corporation: a president, secretary, | ||||||
9 | treasurer, or
vice-president of the corporation in charge | ||||||
10 | of a principal business function,
or any other person who | ||||||
11 | performs similar policy or decision-making functions
for | ||||||
12 | the corporation, or a duly authorized representative of | ||||||
13 | such person if the
representative is responsible for the | ||||||
14 | overall operation of one or more
manufacturing, | ||||||
15 | production, or operating facilities applying for or | ||||||
16 | subject to a
permit and either (i) the facilities employ | ||||||
17 | more than 250 persons or have gross
annual sales or | ||||||
18 | expenditures exceeding $25 million (in second quarter 1980
| ||||||
19 | dollars), or (ii) the delegation of authority to such | ||||||
20 | representative is
approved in advance by the Agency.
| ||||||
21 | (2) For a partnership or sole proprietorship: a general | ||||||
22 | partner or the
proprietor, respectively, or in the case of | ||||||
23 | a partnership in which all of the
partners are | ||||||
24 | corporations, a duly authorized representative of the | ||||||
25 | partnership
if the representative is responsible for the | ||||||
26 | overall operation of one or more
manufacturing, |
| |||||||
| |||||||
1 | production, or operating facilities applying for or | ||||||
2 | subject to a
permit and either (i) the facilities employ | ||||||
3 | more than 250 persons or have gross
annual sales or | ||||||
4 | expenditures exceeding $25 million (in second quarter 1980
| ||||||
5 | dollars), or (ii) the delegation of authority to such | ||||||
6 | representative is
approved in advance by the Agency.
| ||||||
7 | (3) For a municipality, State, Federal, or other public | ||||||
8 | agency: either a
principal executive officer or ranking | ||||||
9 | elected official. For the purposes of
this part, a | ||||||
10 | principal executive officer of a Federal agency includes | ||||||
11 | the chief
executive officer having responsibility for the | ||||||
12 | overall operations of a
principal geographic unit of the | ||||||
13 | agency (e.g., a
Regional Administrator of USEPA).
| ||||||
14 | (4) For affected sources for acid deposition:
| ||||||
15 | (i) The designated representative shall be the | ||||||
16 | "responsible official" in
so far as actions, | ||||||
17 | standards, requirements, or prohibitions under Title | ||||||
18 | IV of
the Clean Air Act or the regulations promulgated | ||||||
19 | thereunder are concerned.
| ||||||
20 | (ii) The designated representative may also be the | ||||||
21 | "responsible
official" for any other purposes with | ||||||
22 | respect to air pollution control.
| ||||||
23 | "Section 502(b)(10) changes" means changes that contravene | ||||||
24 | express permit
terms. "Section 502(b)(10) changes" do not | ||||||
25 | include changes that would violate
applicable
requirements or | ||||||
26 | contravene federally enforceable permit terms or conditions
|
| |||||||
| |||||||
1 | that are monitoring (including test methods), recordkeeping, | ||||||
2 | reporting, or
compliance certification requirements.
| ||||||
3 | "Solid waste incineration unit" means a distinct operating | ||||||
4 | unit of any
facility which combusts any solid waste material | ||||||
5 | from commercial or industrial
establishments or the general | ||||||
6 | public (including single and multiple residences,
hotels, and | ||||||
7 | motels). The term does not include incinerators or other units
| ||||||
8 | required to have a permit under Section 3005 of the Solid Waste | ||||||
9 | Disposal Act.
The term also does not include (A) materials | ||||||
10 | recovery facilities (including
primary or secondary smelters) | ||||||
11 | which combust waste for the primary purpose of
recovering | ||||||
12 | metals, (B) qualifying small power production facilities, as | ||||||
13 | defined
in Section 3(17)(C) of the Federal Power Act (16 U.S.C. | ||||||
14 | 769(17)(C)), or
qualifying cogeneration facilities, as defined | ||||||
15 | in Section 3(18)(B) of the
Federal Power Act (16 U.S.C. | ||||||
16 | 796(18)(B)), which burn homogeneous waste (such as
units which | ||||||
17 | burn tires or used oil, but not including refuse-derived fuel) , | ||||||
18 | landscape waste, agricultural residues, clean wood waste, or | ||||||
19 | crops grown for energy for
the production of electric energy or | ||||||
20 | in the case of qualifying cogeneration
facilities which burn | ||||||
21 | homogeneous waste for the production of electric energy
and | ||||||
22 | steam or forms of useful energy (such as heat) which are used | ||||||
23 | for
industrial, commercial, heating or cooling purposes, or (C) | ||||||
24 | air curtain
incinerators provided that such incinerators only | ||||||
25 | burn wood wastes, yard waste
and clean lumber and that such air | ||||||
26 | curtain incinerators comply with opacity
limitations to be |
| |||||||
| |||||||
1 | established by the USEPA by rule.
| ||||||
2 | "Source" means any stationary source (or any group of | ||||||
3 | stationary sources)
that
are located on one or more contiguous | ||||||
4 | or adjacent properties
that are under
common control of the | ||||||
5 | same person (or persons under common control) and
that
belongs | ||||||
6 | to
a single major industrial grouping. For the purposes of | ||||||
7 | defining "source," a
stationary source or group of stationary | ||||||
8 | sources shall be considered part of a
single major industrial | ||||||
9 | grouping if all of the pollutant emitting
activities at such
| ||||||
10 | source or group of sources located on contiguous or adjacent | ||||||
11 | properties
and under common control belong to the
same Major | ||||||
12 | Group (i.e., all have the same two-digit code) as described in | ||||||
13 | the
Standard Industrial Classification Manual, 1987, or such | ||||||
14 | pollutant emitting
activities at a stationary source (or group | ||||||
15 | of stationary sources) located on
contiguous or adjacent | ||||||
16 | properties and under common control constitute a
support
| ||||||
17 | facility. The determination as to whether any group of | ||||||
18 | stationary sources are
located on contiguous or adjacent | ||||||
19 | properties, and/or are under common control,
and/or
whether the | ||||||
20 | pollutant emitting activities at such group of stationary | ||||||
21 | sources
constitute a support facility shall be made on a case | ||||||
22 | by case basis.
| ||||||
23 | "Stationary source" means any building, structure, | ||||||
24 | facility, or installation
that emits or may emit any regulated | ||||||
25 | air pollutant or any pollutant listed
under Section 112(b) of | ||||||
26 | the Clean Air Act.
|
| |||||||
| |||||||
1 | "Support facility" means any stationary source (or group of | ||||||
2 | stationary
sources) that conveys, stores, or otherwise assists | ||||||
3 | to a significant extent in
the production of a principal | ||||||
4 | product at another stationary source (or group of
stationary | ||||||
5 | sources). A support facility shall be considered to be part of | ||||||
6 | the
same source as the stationary source (or group of | ||||||
7 | stationary sources) that it
supports regardless of the 2-digit | ||||||
8 | Standard Industrial Classification code for
the support | ||||||
9 | facility.
| ||||||
10 | "USEPA" means the Administrator of the United States | ||||||
11 | Environmental Protection
Agency (USEPA) or a person designated | ||||||
12 | by the Administrator.
| ||||||
13 | 1.1. Exclusion From the CAAPP.
| ||||||
14 | a. An owner or operator of a source which determines | ||||||
15 | that the source could
be excluded from the CAAPP may seek | ||||||
16 | such exclusion prior to the date that the
CAAPP application | ||||||
17 | for the source is due but in no case later than 9 months
| ||||||
18 | after the effective date of the CAAPP through the | ||||||
19 | imposition of 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, within a State operating | ||||||
23 | permit issued pursuant
to Section 39(a) of this Act. After | ||||||
24 | such date, an exclusion from the CAAPP may
be sought under | ||||||
25 | paragraph 3(c) of this Section.
|
| |||||||
| |||||||
1 | b. An owner or operator of a source seeking exclusion | ||||||
2 | from the CAAPP
pursuant to paragraph (a) of this subsection | ||||||
3 | must submit a permit application
consistent with the | ||||||
4 | existing State permit program which specifically requests
| ||||||
5 | such exclusion through the imposition of such federally | ||||||
6 | enforceable conditions.
| ||||||
7 | c. Upon such request, if the Agency determines that the | ||||||
8 | owner or operator
of a source has met the requirements for | ||||||
9 | exclusion pursuant to paragraph (a) of
this subsection and | ||||||
10 | other applicable requirements for permit issuance under
| ||||||
11 | Section 39(a) of this Act, the Agency shall issue a State | ||||||
12 | operating permit for
such source under Section 39(a) of | ||||||
13 | this Act, as amended, and regulations
promulgated | ||||||
14 | thereunder with federally enforceable conditions limiting | ||||||
15 | the
"potential to emit" of the source to a level below the | ||||||
16 | major source threshold
for that source as described in | ||||||
17 | paragraph 2(c) of this Section.
| ||||||
18 | d. The Agency shall provide an owner or operator of a | ||||||
19 | source which may be
excluded from the CAAPP pursuant to | ||||||
20 | this subsection with reasonable notice that
the owner or | ||||||
21 | operator may seek such exclusion.
| ||||||
22 | e. The Agency shall provide such sources with the | ||||||
23 | necessary permit
application forms.
| ||||||
24 | 2. Applicability.
| ||||||
25 | a. Sources subject to this Section shall include:
|
| |||||||
| |||||||
1 | i. Any major source as defined in paragraph (c) of | ||||||
2 | this subsection.
| ||||||
3 | ii. Any source subject to a standard or other | ||||||
4 | requirements promulgated
under Section 111 (New Source | ||||||
5 | Performance Standards) or Section 112 (Hazardous
Air | ||||||
6 | Pollutants) of the Clean Air Act, except that a source | ||||||
7 | is not required to
obtain a permit solely because it is | ||||||
8 | subject to regulations or requirements
under Section | ||||||
9 | 112(r) of the Clean Air Act.
| ||||||
10 | iii. Any affected source for acid deposition, as | ||||||
11 | defined in subsection 1
of this Section.
| ||||||
12 | iv. Any other source subject to this Section under | ||||||
13 | the Clean Air Act or
regulations promulgated | ||||||
14 | thereunder, or applicable Board regulations.
| ||||||
15 | b. Sources exempted from this Section shall include:
| ||||||
16 | i. All sources listed in paragraph (a) of this | ||||||
17 | subsection which are not
major sources, affected | ||||||
18 | sources for acid deposition or solid waste | ||||||
19 | incineration
units required to obtain a permit | ||||||
20 | pursuant to Section 129(e) of the Clean Air
Act, until | ||||||
21 | the source is required to obtain a CAAPP permit | ||||||
22 | pursuant to the
Clean Air Act or regulations | ||||||
23 | promulgated thereunder.
| ||||||
24 | ii. Nonmajor sources subject to a standard or other | ||||||
25 | requirements
subsequently promulgated by USEPA under | ||||||
26 | Section 111 or 112 of the Clean Air Act
which are |
| |||||||
| |||||||
1 | determined by USEPA to be exempt at the time a new | ||||||
2 | standard is
promulgated.
| ||||||
3 | iii. All sources and source categories that would | ||||||
4 | be required to obtain
a permit solely because they are | ||||||
5 | subject to Part 60, Subpart AAA - Standards of
| ||||||
6 | Performance for New Residential Wood Heaters (40 CFR | ||||||
7 | Part 60).
| ||||||
8 | iv. All sources and source categories that would be | ||||||
9 | required to obtain a
permit solely because they are | ||||||
10 | subject to Part 61, Subpart M - National
Emission | ||||||
11 | Standard for Hazardous Air Pollutants for Asbestos, | ||||||
12 | Section 61.145 (40
CFR Part 61).
| ||||||
13 | v. Any other source categories exempted by USEPA | ||||||
14 | regulations pursuant to
Section 502(a) of the Clean Air | ||||||
15 | Act.
| ||||||
16 | c. For purposes of this Section the term "major source" | ||||||
17 | means any source
that is:
| ||||||
18 | i. A major source under Section 112 of the Clean | ||||||
19 | Air Act, which is
defined as:
| ||||||
20 | A. For pollutants other than radionuclides, | ||||||
21 | any stationary source
or group of stationary | ||||||
22 | sources located within a contiguous area and under
| ||||||
23 | common control that emits or has the potential to | ||||||
24 | emit, in the aggregate, 10
tons per year (tpy) or | ||||||
25 | more of any hazardous air pollutant which has been
| ||||||
26 | listed pursuant to Section 112(b) of the Clean Air |
| |||||||
| |||||||
1 | Act, 25 tpy or more of any
combination of such | ||||||
2 | hazardous air pollutants, or such lesser quantity | ||||||
3 | as USEPA
may establish by rule. Notwithstanding | ||||||
4 | the preceding sentence, emissions from
any oil or | ||||||
5 | gas exploration or production well (with its | ||||||
6 | associated equipment)
and emissions from any | ||||||
7 | pipeline compressor or pump station shall not be
| ||||||
8 | aggregated with emissions from other similar | ||||||
9 | units, whether or not such units
are in a | ||||||
10 | contiguous area or under common control, to | ||||||
11 | determine whether such
stations are major sources.
| ||||||
12 | B. For radionuclides, "major source" shall | ||||||
13 | have the meaning specified
by the USEPA by rule.
| ||||||
14 | ii. A major stationary source of air pollutants, as | ||||||
15 | defined in Section
302 of the Clean Air Act, that | ||||||
16 | directly emits or has the potential to emit, 100
tpy or | ||||||
17 | more of any air pollutant (including any major source | ||||||
18 | of fugitive
emissions of any such pollutant, as | ||||||
19 | determined by rule by USEPA). For purposes
of this | ||||||
20 | subsection, "fugitive emissions" means those emissions | ||||||
21 | which could not
reasonably pass through a stack, | ||||||
22 | chimney, vent, or other
functionally-equivalent | ||||||
23 | opening. The fugitive emissions of a stationary source
| ||||||
24 | shall not be considered in determining whether it is a | ||||||
25 | major stationary source
for the purposes of Section | ||||||
26 | 302(j) of the Clean Air Act, unless the source
belongs |
| |||||||
| |||||||
1 | to one of the following categories of stationary | ||||||
2 | source:
| ||||||
3 | A. Coal cleaning plants (with thermal dryers).
| ||||||
4 | B. Kraft pulp mills.
| ||||||
5 | C. Portland cement plants.
| ||||||
6 | D. Primary zinc smelters.
| ||||||
7 | E. Iron and steel mills.
| ||||||
8 | F. Primary aluminum ore reduction plants.
| ||||||
9 | G. Primary copper smelters.
| ||||||
10 | H. Municipal incinerators capable of charging | ||||||
11 | more than 250 tons of
refuse per day.
| ||||||
12 | I. Hydrofluoric, sulfuric, or nitric acid | ||||||
13 | plants.
| ||||||
14 | J. Petroleum refineries.
| ||||||
15 | K. Lime plants.
| ||||||
16 | L. Phosphate rock processing plants.
| ||||||
17 | M. Coke oven batteries.
| ||||||
18 | N. Sulfur recovery plants.
| ||||||
19 | O. Carbon black plants (furnace
process).
| ||||||
20 | P. Primary lead smelters.
| ||||||
21 | Q. Fuel conversion plants.
| ||||||
22 | R. Sintering plants.
| ||||||
23 | S. Secondary metal production plants.
| ||||||
24 | T. Chemical process plants.
| ||||||
25 | U. Fossil-fuel boilers (or combination | ||||||
26 | thereof) totaling more than 250
million British |
| |||||||
| |||||||
1 | thermal units per hour heat input.
| ||||||
2 | V. Petroleum storage and transfer units with a | ||||||
3 | total storage capacity
exceeding 300,000 barrels.
| ||||||
4 | W. Taconite ore processing plants.
| ||||||
5 | X. Glass fiber processing plants.
| ||||||
6 | Y. Charcoal production plants.
| ||||||
7 | Z. Fossil fuel-fired steam electric plants of | ||||||
8 | more than 250 million
British thermal units per | ||||||
9 | hour heat input.
| ||||||
10 | AA. All other stationary source categories, | ||||||
11 | which as of August 7, 1980 are being regulated by a | ||||||
12 | standard
promulgated under Section 111 or 112 of | ||||||
13 | the Clean Air Act.
| ||||||
14 | BB. Any other stationary source category | ||||||
15 | designated by USEPA by rule.
| ||||||
16 | iii. A major stationary source as defined in part D | ||||||
17 | of Title I of the
Clean Air Act including:
| ||||||
18 | A. For ozone nonattainment areas, sources with | ||||||
19 | the potential to emit
100 tons or more per year of | ||||||
20 | volatile organic compounds or oxides of nitrogen
| ||||||
21 | in areas classified as "marginal" or "moderate", | ||||||
22 | 50 tons or more per year in
areas classified as | ||||||
23 | "serious", 25 tons or more per year in areas | ||||||
24 | classified as
"severe", and 10 tons or more per | ||||||
25 | year in areas classified as "extreme"; except
that | ||||||
26 | the references in this clause to 100, 50, 25, and |
| |||||||
| |||||||
1 | 10 tons per year of
nitrogen oxides shall not apply | ||||||
2 | with respect to any source for which USEPA has
made | ||||||
3 | a finding, under Section 182(f)(1) or (2) of the | ||||||
4 | Clean Air Act, that
requirements otherwise | ||||||
5 | applicable to such source under Section 182(f) of | ||||||
6 | the
Clean Air Act do not apply. Such sources shall | ||||||
7 | remain subject to the major
source criteria of | ||||||
8 | paragraph 2(c)(ii) of this subsection.
| ||||||
9 | B. For ozone transport regions established | ||||||
10 | pursuant to Section 184 of
the Clean Air Act, | ||||||
11 | sources with the potential to emit 50 tons or more | ||||||
12 | per year
of volatile organic compounds (VOCs).
| ||||||
13 | C. For carbon monoxide nonattainment areas (1) | ||||||
14 | that are classified as
"serious", and (2) in which | ||||||
15 | stationary sources contribute significantly to
| ||||||
16 | carbon monoxide levels as determined under rules | ||||||
17 | issued by USEPA, sources with
the potential to emit | ||||||
18 | 50 tons or more per year of carbon monoxide.
| ||||||
19 | D. For particulate matter (PM-10) | ||||||
20 | nonattainment areas classified as
"serious", | ||||||
21 | sources with the potential to emit 70 tons or more | ||||||
22 | per year of
PM-10.
| ||||||
23 | 3. Agency Authority To Issue CAAPP Permits and Federally | ||||||
24 | Enforceable State
Operating Permits.
| ||||||
25 | a. The Agency shall issue CAAPP permits under this |
| |||||||
| |||||||
1 | Section consistent with
the Clean Air Act and regulations | ||||||
2 | promulgated thereunder and this Act and
regulations | ||||||
3 | promulgated thereunder.
| ||||||
4 | b. The Agency shall issue CAAPP permits for fixed terms | ||||||
5 | of 5 years, except
CAAPP permits issued for solid waste | ||||||
6 | incineration units combusting municipal
waste which shall | ||||||
7 | be issued for fixed terms of 12 years and except CAAPP
| ||||||
8 | permits for affected sources for acid deposition which | ||||||
9 | shall be issued for
initial terms to expire on December 31, | ||||||
10 | 1999, and for fixed terms of 5 years
thereafter.
| ||||||
11 | c. The Agency shall have the authority to issue a State | ||||||
12 | operating permit
for a source under Section 39(a) of this | ||||||
13 | Act, as amended, and regulations
promulgated thereunder, | ||||||
14 | which includes federally enforceable conditions
limiting | ||||||
15 | the "potential to emit" of the source to a level below the | ||||||
16 | major
source threshold for that source as described in | ||||||
17 | paragraph 2(c) of this
Section, thereby excluding the | ||||||
18 | source from the CAAPP, when requested by the
applicant | ||||||
19 | pursuant to paragraph 5(u) of this Section. The public | ||||||
20 | notice
requirements of this Section applicable to CAAPP | ||||||
21 | permits shall also apply to
the initial issuance of permits | ||||||
22 | under this paragraph.
| ||||||
23 | d. For purposes of this Act, a permit issued by USEPA | ||||||
24 | under Section 505 of
the Clean Air Act, as now and | ||||||
25 | hereafter amended, shall be deemed to be a
permit issued by | ||||||
26 | the Agency pursuant to Section 39.5 of this Act.
|
| |||||||
| |||||||
1 | 4. Transition.
| ||||||
2 | a. An owner or operator of a CAAPP source shall not be | ||||||
3 | required to renew
an existing State operating permit for | ||||||
4 | any emission unit at such CAAPP source
once a CAAPP | ||||||
5 | application timely submitted prior to expiration of the | ||||||
6 | State
operating permit has been deemed complete. For | ||||||
7 | purposes other than permit
renewal, the obligation upon the | ||||||
8 | owner or operator of a CAAPP source to obtain
a State | ||||||
9 | operating permit is not removed upon submittal of the | ||||||
10 | complete CAAPP
permit application. An owner or operator of | ||||||
11 | a CAAPP source seeking to make a
modification to a source | ||||||
12 | prior to the issuance of its CAAPP permit shall be
required | ||||||
13 | to obtain a construction and/or operating permit as | ||||||
14 | required for such
modification in accordance with the State | ||||||
15 | permit program under Section 39(a) of
this Act, as amended, | ||||||
16 | and regulations promulgated thereunder. The application
| ||||||
17 | for such construction and/or operating permit shall be | ||||||
18 | considered an amendment
to the CAAPP application submitted | ||||||
19 | for such source.
| ||||||
20 | b. An owner or operator of a CAAPP source shall | ||||||
21 | continue to operate in
accordance with the terms and | ||||||
22 | conditions of its applicable State operating
permit | ||||||
23 | notwithstanding the expiration of the State operating | ||||||
24 | permit until the
source's CAAPP permit has been issued.
| ||||||
25 | c. An owner or operator of a CAAPP source shall submit |
| |||||||
| |||||||
1 | its initial CAAPP
application to the Agency no later than | ||||||
2 | 12 months after the effective date of
the CAAPP. The Agency | ||||||
3 | may request submittal of initial CAAPP applications
during | ||||||
4 | this 12 month period according to a schedule set forth | ||||||
5 | within Agency
procedures, however, in no event shall the | ||||||
6 | Agency require such submittal
earlier than 3 months after | ||||||
7 | such effective date of the CAAPP. An owner or
operator may | ||||||
8 | voluntarily submit its initial CAAPP application prior to | ||||||
9 | the date
required within this paragraph or applicable | ||||||
10 | procedures, if any, subsequent to
the date the Agency | ||||||
11 | submits the CAAPP to USEPA for approval.
| ||||||
12 | d. The Agency shall act on initial CAAPP applications | ||||||
13 | in accordance with
subsection 5(j) of this Section.
| ||||||
14 | e. For purposes of this Section, the term "initial | ||||||
15 | CAAPP application"
shall mean the first CAAPP application | ||||||
16 | submitted for a source existing as of
the effective date of | ||||||
17 | the CAAPP.
| ||||||
18 | f. The Agency shall provide owners or operators of | ||||||
19 | CAAPP sources with at
least three months advance notice of | ||||||
20 | the date on which their applications are
required to be | ||||||
21 | submitted. In determining which sources shall be subject to
| ||||||
22 | early submittal, the Agency shall include among its | ||||||
23 | considerations the
complexity of the permit application, | ||||||
24 | and the burden that such early submittal
will have on the | ||||||
25 | source.
| ||||||
26 | g. The CAAPP permit shall upon becoming effective |
| |||||||
| |||||||
1 | supersede the State
operating permit.
| ||||||
2 | h. The Agency shall have the authority to adopt | ||||||
3 | procedural rules, in
accordance with the Illinois | ||||||
4 | Administrative Procedure Act, as the Agency deems
| ||||||
5 | necessary, to implement this subsection.
| ||||||
6 | 5. Applications and Completeness.
| ||||||
7 | a. An owner or operator of a CAAPP source shall submit | ||||||
8 | its complete CAAPP
application consistent with the Act and | ||||||
9 | applicable regulations.
| ||||||
10 | b. An owner or operator of a CAAPP source shall submit | ||||||
11 | a single complete
CAAPP application covering all emission | ||||||
12 | units at that source.
| ||||||
13 | c. To be deemed complete, a CAAPP application must | ||||||
14 | provide all
information, as requested in Agency | ||||||
15 | application forms, sufficient to evaluate
the subject | ||||||
16 | source and its application and to determine all applicable
| ||||||
17 | requirements, pursuant to the Clean Air Act, and | ||||||
18 | regulations thereunder, this
Act and regulations | ||||||
19 | thereunder. Such Agency application forms shall be
| ||||||
20 | finalized and made available prior to the date on which any | ||||||
21 | CAAPP application
is required.
| ||||||
22 | d. An owner or operator of a CAAPP source shall submit, | ||||||
23 | as part of its
complete CAAPP application, a compliance | ||||||
24 | plan, including a schedule of
compliance, describing how | ||||||
25 | each emission unit will comply with all applicable
|
| |||||||
| |||||||
1 | requirements. Any such schedule of compliance shall be | ||||||
2 | supplemental to, and
shall not sanction noncompliance | ||||||
3 | with, the applicable requirements on which it
is based.
| ||||||
4 | e. Each submitted CAAPP application shall be certified | ||||||
5 | for truth,
accuracy, and completeness by a responsible | ||||||
6 | official in accordance with
applicable regulations.
| ||||||
7 | f. The Agency shall provide notice to a CAAPP applicant | ||||||
8 | as to whether a
submitted CAAPP application is complete. | ||||||
9 | Unless the Agency notifies the
applicant of | ||||||
10 | incompleteness, within 60 days of receipt of the CAAPP
| ||||||
11 | application, the application shall be deemed complete. The | ||||||
12 | Agency may request
additional information as needed to make | ||||||
13 | the completeness determination. The
Agency may to the | ||||||
14 | extent practicable provide the applicant with a reasonable
| ||||||
15 | opportunity to correct deficiencies prior to a final | ||||||
16 | determination of
completeness.
| ||||||
17 | g. If after the determination of completeness the | ||||||
18 | Agency finds that
additional information is necessary to | ||||||
19 | evaluate or take final action on the
CAAPP application, the | ||||||
20 | Agency may request in writing such information from the
| ||||||
21 | source with a reasonable deadline for response.
| ||||||
22 | h. If the owner or operator of a CAAPP source submits a | ||||||
23 | timely and
complete CAAPP application, the source's | ||||||
24 | failure to have a CAAPP permit shall
not be a violation of | ||||||
25 | this Section until the Agency takes final action on the
| ||||||
26 | submitted CAAPP application, provided, however, where the |
| |||||||
| |||||||
1 | applicant fails to
submit the requested information under | ||||||
2 | paragraph 5(g) within the time frame
specified by the | ||||||
3 | Agency, this protection shall cease to apply.
| ||||||
4 | i. Any applicant who fails to submit any relevant facts | ||||||
5 | necessary to
evaluate the subject source and its CAAPP | ||||||
6 | application or who has submitted
incorrect information in a | ||||||
7 | CAAPP application shall, upon becoming aware of such
| ||||||
8 | failure or incorrect submittal, submit supplementary facts | ||||||
9 | or correct
information to the Agency. In addition, an | ||||||
10 | applicant shall provide to the
Agency additional | ||||||
11 | information as necessary to address any requirements which
| ||||||
12 | become applicable to the source subsequent to the date the | ||||||
13 | applicant submitted
its complete CAAPP application but | ||||||
14 | prior to release of the draft CAAPP permit.
| ||||||
15 | j. The Agency shall issue or deny the CAAPP permit | ||||||
16 | within 18 months after
the date of receipt of the complete | ||||||
17 | CAAPP application, with the following
exceptions: (i) | ||||||
18 | permits for affected sources for acid deposition shall be
| ||||||
19 | issued or denied within 6 months after receipt of a | ||||||
20 | complete application in
accordance with subsection 17 of | ||||||
21 | this Section; (ii) the Agency shall act on
initial CAAPP | ||||||
22 | applications within 24 months after the date of receipt of | ||||||
23 | the
complete CAAPP application; (iii) the Agency shall act | ||||||
24 | on complete applications
containing early reduction | ||||||
25 | demonstrations under Section 112(i)(5) of the Clean
Air Act | ||||||
26 | within 9 months of receipt of the complete CAAPP |
| |||||||
| |||||||
1 | application.
| ||||||
2 | Where the Agency does not take final action on the | ||||||
3 | permit within the
required time period, the permit shall | ||||||
4 | not be deemed issued; rather, the
failure to act shall be | ||||||
5 | treated as a final permit action for purposes of
judicial | ||||||
6 | review pursuant to Sections 40.2 and 41 of this Act.
| ||||||
7 | k. The submittal of a complete CAAPP application shall | ||||||
8 | not affect the
requirement that any source have a | ||||||
9 | preconstruction permit under Title I of the
Clean Air Act.
| ||||||
10 | l. Unless a timely and complete renewal application has | ||||||
11 | been submitted
consistent with this subsection, a CAAPP | ||||||
12 | source operating upon the expiration
of its CAAPP permit | ||||||
13 | shall be deemed to be operating without a CAAPP permit.
| ||||||
14 | Such operation is prohibited under this Act.
| ||||||
15 | m. Permits being renewed shall be subject to the same | ||||||
16 | procedural
requirements, including those for public | ||||||
17 | participation and federal review and
objection, that apply | ||||||
18 | to original permit issuance.
| ||||||
19 | n. For purposes of permit renewal, a timely application | ||||||
20 | is one that is
submitted no less than 9 months prior to the | ||||||
21 | date of permit expiration.
| ||||||
22 | o. The terms and conditions of a CAAPP permit shall | ||||||
23 | remain in effect until
the issuance of a CAAPP renewal | ||||||
24 | permit provided a timely and complete CAAPP
application has | ||||||
25 | been submitted.
| ||||||
26 | p. The owner or operator of a CAAPP source seeking a |
| |||||||
| |||||||
1 | permit shield
pursuant to paragraph 7(j) of this Section | ||||||
2 | shall request such permit shield in
the CAAPP application | ||||||
3 | regarding that source.
| ||||||
4 | q. The Agency shall make available to the public all | ||||||
5 | documents submitted
by the applicant to the Agency, | ||||||
6 | including each CAAPP application, compliance
plan | ||||||
7 | (including the schedule of compliance), and emissions or | ||||||
8 | compliance
monitoring report, with the exception of | ||||||
9 | information entitled to confidential
treatment pursuant to | ||||||
10 | Section 7 of this Act.
| ||||||
11 | r. The Agency shall use the standardized forms required | ||||||
12 | under Title IV of
the Clean Air Act and regulations | ||||||
13 | promulgated thereunder for affected sources
for acid | ||||||
14 | deposition.
| ||||||
15 | s. An owner or operator of a CAAPP source may include | ||||||
16 | within its CAAPP
application a request for permission to | ||||||
17 | operate during a startup, malfunction,
or breakdown | ||||||
18 | consistent with applicable Board regulations.
| ||||||
19 | t. An owner or operator of a CAAPP source, in
order to | ||||||
20 | utilize the operational flexibility provided under
| ||||||
21 | paragraph 7(l) of this Section, must request such use and
| ||||||
22 | provide the necessary information within its CAAPP | ||||||
23 | application.
| ||||||
24 | u. An owner or operator of a CAAPP source which seeks | ||||||
25 | exclusion from the
CAAPP through the imposition of | ||||||
26 | federally enforceable conditions, pursuant to
paragraph |
| |||||||
| |||||||
1 | 3(c) of this Section, must request such exclusion within a | ||||||
2 | CAAPP
application submitted consistent with this | ||||||
3 | subsection on or after the date that
the CAAPP application | ||||||
4 | for the source is due. Prior to such date, but in no case
| ||||||
5 | later than 9 months after the effective date of the CAAPP, | ||||||
6 | such owner or
operator may request the imposition of | ||||||
7 | federally enforceable conditions
pursuant to paragraph | ||||||
8 | 1.1(b) of this Section.
| ||||||
9 | v. CAAPP applications shall contain accurate | ||||||
10 | information on allowable
emissions to implement the fee | ||||||
11 | provisions of subsection 18 of this Section.
| ||||||
12 | w. An owner or operator of a CAAPP source shall submit | ||||||
13 | within its CAAPP
application emissions information | ||||||
14 | regarding all regulated air pollutants
emitted at that | ||||||
15 | source consistent with applicable Agency procedures. | ||||||
16 | Emissions
information regarding insignificant activities | ||||||
17 | or emission levels, as
determined by the Agency pursuant to | ||||||
18 | Board regulations,
may be submitted as a list within the | ||||||
19 | CAAPP application.
The Agency shall propose regulations to | ||||||
20 | the Board defining insignificant
activities or emission | ||||||
21 | levels, consistent with federal regulations, if any,
no | ||||||
22 | later than 18 months after the effective date of this | ||||||
23 | amendatory Act of
1992, consistent with Section 112(n)(1) | ||||||
24 | of the Clean Air Act. The
Board shall adopt final | ||||||
25 | regulations defining insignificant activities or
emission | ||||||
26 | levels no later than 9 months after the date of the |
| |||||||
| |||||||
1 | Agency's proposal.
| ||||||
2 | x. The owner or operator of a new CAAPP source shall | ||||||
3 | submit its complete
CAAPP application consistent with this | ||||||
4 | subsection within 12 months after
commencing operation of | ||||||
5 | such source.
The owner or operator of an existing source | ||||||
6 | that has been excluded from the
provisions of this Section | ||||||
7 | under subsection 1.1 or subsection 3(c) of
this Section and | ||||||
8 | that becomes subject to the CAAPP solely due to a change in
| ||||||
9 | operation at the source shall submit its complete CAAPP | ||||||
10 | application consistent
with this subsection at least 180 | ||||||
11 | days before commencing operation in
accordance with the | ||||||
12 | change in operation.
| ||||||
13 | y. 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 | 6. Prohibitions.
| ||||||
18 | a. It shall be unlawful for any person to violate any | ||||||
19 | terms or conditions
of a permit issued under this Section, | ||||||
20 | to operate any CAAPP source except in
compliance with a | ||||||
21 | permit issued by the Agency under this Section or to | ||||||
22 | violate
any other applicable requirements. All terms and | ||||||
23 | conditions of a permit issued
under this Section are | ||||||
24 | enforceable by USEPA and citizens under the Clean Air
Act, | ||||||
25 | except those, if any, that are specifically designated as |
| |||||||
| |||||||
1 | not being
federally enforceable in the permit pursuant to | ||||||
2 | paragraph 7(m) of this Section.
| ||||||
3 | b. After the applicable CAAPP permit or renewal | ||||||
4 | application submittal
date, as specified in subsection 5 of | ||||||
5 | this Section, no person shall operate a
CAAPP source | ||||||
6 | without a CAAPP permit unless the complete CAAPP permit or | ||||||
7 | renewal
application for such source has been timely | ||||||
8 | submitted to the Agency.
| ||||||
9 | c. No owner or operator of a CAAPP source shall cause | ||||||
10 | or threaten or allow
the continued operation of an emission | ||||||
11 | source during malfunction or breakdown
of the emission | ||||||
12 | source or related air pollution control equipment if such
| ||||||
13 | operation would cause a violation of the standards or | ||||||
14 | limitations applicable to
the source, unless the CAAPP | ||||||
15 | permit granted to the source provides for such
operation | ||||||
16 | consistent with this Act and applicable Board regulations.
| ||||||
17 | 7. Permit Content.
| ||||||
18 | a. All CAAPP permits shall contain emission | ||||||
19 | limitations and standards and
other enforceable terms and | ||||||
20 | conditions, including but not limited to
operational | ||||||
21 | requirements, and schedules for achieving compliance at | ||||||
22 | the
earliest reasonable date, which are or will be required | ||||||
23 | to accomplish the
purposes and provisions of this Act and | ||||||
24 | to assure compliance with all
applicable requirements.
| ||||||
25 | b. The Agency shall include among such conditions |
| |||||||
| |||||||
1 | applicable monitoring,
reporting, record keeping and | ||||||
2 | compliance certification requirements, as
authorized by | ||||||
3 | paragraphs d, e, and f of this subsection, that the Agency | ||||||
4 | deems
necessary to assure compliance with the Clean Air | ||||||
5 | Act, the regulations
promulgated thereunder, this Act, and | ||||||
6 | applicable Board regulations. When
monitoring, reporting, | ||||||
7 | record keeping, and compliance certification
requirements | ||||||
8 | are specified within the Clean Air Act, regulations | ||||||
9 | promulgated
thereunder, this Act, or applicable | ||||||
10 | regulations, such requirements shall be
included within | ||||||
11 | the CAAPP permit. The Board shall have authority to | ||||||
12 | promulgate
additional regulations where necessary to | ||||||
13 | accomplish the purposes of the Clean
Air Act, this Act, and | ||||||
14 | regulations promulgated thereunder.
| ||||||
15 | c. The Agency shall assure, within such conditions, the | ||||||
16 | use of terms, test
methods, units, averaging periods, and | ||||||
17 | other statistical conventions consistent
with the | ||||||
18 | applicable emission limitations, standards, and other | ||||||
19 | requirements
contained in the permit.
| ||||||
20 | d. To meet the requirements of this subsection with | ||||||
21 | respect to monitoring,
the permit shall:
| ||||||
22 | i. Incorporate and identify all applicable | ||||||
23 | emissions monitoring and
analysis procedures or test | ||||||
24 | methods required under the Clean Air Act,
regulations | ||||||
25 | promulgated thereunder, this Act, and applicable Board | ||||||
26 | regulations,
including any procedures and methods |
| |||||||
| |||||||
1 | promulgated by USEPA pursuant to Section
504(b) or | ||||||
2 | Section 114 (a)(3) of the Clean Air Act.
| ||||||
3 | ii. Where the applicable requirement does not | ||||||
4 | require periodic testing
or instrumental or | ||||||
5 | noninstrumental monitoring (which may consist of
| ||||||
6 | recordkeeping designed to serve as monitoring), | ||||||
7 | require periodic monitoring
sufficient to yield | ||||||
8 | reliable data from the relevant time period that is
| ||||||
9 | representative of the source's compliance with the | ||||||
10 | permit, as reported pursuant
to paragraph (f) of this | ||||||
11 | subsection. The Agency may determine that
| ||||||
12 | recordkeeping requirements are sufficient to meet the | ||||||
13 | requirements of this
subparagraph.
| ||||||
14 | iii. As necessary, specify requirements concerning | ||||||
15 | the use, maintenance,
and when appropriate, | ||||||
16 | installation of monitoring equipment or methods.
| ||||||
17 | e. To meet the requirements of this subsection with | ||||||
18 | respect to record
keeping, the permit shall incorporate and | ||||||
19 | identify all applicable recordkeeping
requirements and | ||||||
20 | require, where applicable, the following:
| ||||||
21 | i. Records of required monitoring information that | ||||||
22 | include the
following:
| ||||||
23 | A. The date, place and time of sampling or | ||||||
24 | measurements.
| ||||||
25 | B. The date(s) analyses were performed.
| ||||||
26 | C. The company or entity that performed the |
| |||||||
| |||||||
1 | analyses.
| ||||||
2 | D. The analytical techniques or methods used.
| ||||||
3 | E. The results of such analyses.
| ||||||
4 | F. The operating conditions as existing at the | ||||||
5 | time of sampling or
measurement.
| ||||||
6 | ii. Retention of records of all monitoring data | ||||||
7 | and support
information for a period of at least 5 | ||||||
8 | years from the date of the monitoring
sample, | ||||||
9 | measurement, report, or application. Support | ||||||
10 | information includes all
calibration and maintenance | ||||||
11 | records, original strip-chart recordings for
| ||||||
12 | continuous monitoring instrumentation, and copies of | ||||||
13 | all reports required by
the permit.
| ||||||
14 | f. To meet the requirements of this subsection with | ||||||
15 | respect to reporting,
the permit shall incorporate and | ||||||
16 | identify all applicable reporting requirements
and require | ||||||
17 | the following:
| ||||||
18 | i. Submittal of reports of any required monitoring | ||||||
19 | every 6 months. More
frequent submittals may be | ||||||
20 | requested by the Agency if such submittals are
| ||||||
21 | necessary to assure compliance with this Act or | ||||||
22 | regulations promulgated by the
Board thereunder. All | ||||||
23 | instances of deviations from permit requirements must | ||||||
24 | be
clearly identified in such reports. All required | ||||||
25 | reports must be certified by
a responsible official | ||||||
26 | consistent with subsection 5 of this Section.
|
| |||||||
| |||||||
1 | ii. Prompt reporting of deviations from permit | ||||||
2 | requirements, including
those attributable to upset | ||||||
3 | conditions as defined in the permit, the probable
cause | ||||||
4 | of such deviations, and any corrective actions or | ||||||
5 | preventive measures
taken.
| ||||||
6 | g. Each CAAPP permit issued under subsection 10 of this | ||||||
7 | Section shall
include a condition prohibiting emissions | ||||||
8 | exceeding any allowances that the
source lawfully holds | ||||||
9 | under Title IV of the Clean Air Act or the regulations
| ||||||
10 | promulgated thereunder, consistent with subsection 17 of | ||||||
11 | this Section and
applicable regulations, if any.
| ||||||
12 | h. All CAAPP permits shall state that, where another | ||||||
13 | applicable
requirement of the Clean Air Act is more | ||||||
14 | stringent than any applicable
requirement of regulations | ||||||
15 | promulgated under Title IV of the Clean Air Act,
both | ||||||
16 | provisions shall be incorporated into the permit and shall | ||||||
17 | be State and
federally enforceable.
| ||||||
18 | i. Each CAAPP permit issued under subsection 10 of this | ||||||
19 | Section shall
include a severability clause to ensure the | ||||||
20 | continued validity of the various
permit requirements in | ||||||
21 | the event of a challenge to any portions of the permit.
| ||||||
22 | j. The following shall apply with respect to owners or | ||||||
23 | operators
requesting a permit shield:
| ||||||
24 | i. The Agency shall include in a CAAPP permit, when | ||||||
25 | requested by an
applicant pursuant to paragraph 5(p) of | ||||||
26 | 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 |
| |||||||
| |||||||
1 | source for any violation
of applicable | ||||||
2 | requirements prior to or at the time of permit | ||||||
3 | issuance.
| ||||||
4 | C. The applicable requirements of the acid | ||||||
5 | rain program consistent
with Section 408(a) of the | ||||||
6 | Clean Air Act.
| ||||||
7 | D. The ability of USEPA to obtain information | ||||||
8 | from a source pursuant
to Section 114 | ||||||
9 | (inspections, monitoring, and entry) of the Clean | ||||||
10 | Air Act.
| ||||||
11 | k. Each CAAPP permit shall include an emergency | ||||||
12 | provision providing an
affirmative defense of emergency to | ||||||
13 | an action brought for noncompliance with
technology-based | ||||||
14 | emission limitations under a CAAPP permit if the following
| ||||||
15 | conditions are met through properly signed, | ||||||
16 | contemporaneous operating logs, or
other relevant | ||||||
17 | evidence:
| ||||||
18 | i. An emergency occurred and the permittee can | ||||||
19 | identify the cause(s) of
the emergency.
| ||||||
20 | ii. The permitted facility was at the time being | ||||||
21 | properly operated.
| ||||||
22 | iii. The permittee submitted notice of the | ||||||
23 | emergency to the Agency
within 2 working days of the | ||||||
24 | time when emission limitations were exceeded due
to the | ||||||
25 | emergency. This notice must contain a detailed | ||||||
26 | description of the
emergency, any steps taken to |
| |||||||
| |||||||
1 | mitigate emissions, and corrective actions taken.
| ||||||
2 | iv. During the period of the emergency the | ||||||
3 | permittee took all reasonable
steps to minimize levels | ||||||
4 | of emissions that exceeded the emission limitations,
| ||||||
5 | standards, or requirements in the permit.
| ||||||
6 | For purposes of this subsection, "emergency" means any | ||||||
7 | situation arising
from sudden and reasonably unforeseeable | ||||||
8 | events beyond the control of the
source, such as an act of | ||||||
9 | God, that requires immediate corrective action to
restore | ||||||
10 | normal operation, and that causes the source to exceed a
| ||||||
11 | technology-based emission limitation under the permit, due | ||||||
12 | to unavoidable
increases in emissions attributable to the | ||||||
13 | emergency. An emergency shall not
include noncompliance to | ||||||
14 | the extent caused by improperly designed equipment,
lack of | ||||||
15 | preventative maintenance, careless or improper operation, | ||||||
16 | or operation
error.
| ||||||
17 | In any enforcement proceeding, the permittee seeking | ||||||
18 | to establish the
occurrence of an emergency has the burden | ||||||
19 | of proof. This provision is in
addition to any emergency or | ||||||
20 | upset provision contained in any applicable
requirement. | ||||||
21 | This provision does not relieve a permittee of any | ||||||
22 | reporting
obligations under existing federal or state laws | ||||||
23 | or regulations.
| ||||||
24 | l. The Agency shall include in each permit issued under | ||||||
25 | subsection 10 of this Section:
| ||||||
26 | i. Terms and conditions for reasonably anticipated |
| |||||||
| |||||||
1 | operating scenarios
identified by the source in its | ||||||
2 | application. The permit terms and
conditions for each | ||||||
3 | such operating scenario shall meet all applicable
| ||||||
4 | requirements and the requirements of this Section.
| ||||||
5 | A. Under this subparagraph, the source must | ||||||
6 | record in a log at the
permitted facility a record | ||||||
7 | of the scenario under which it is operating
| ||||||
8 | contemporaneously with making a change from one | ||||||
9 | operating scenario to another.
| ||||||
10 | B. The permit shield described in paragraph | ||||||
11 | 7(j) of this Section
shall extend to all terms and | ||||||
12 | conditions under each such operating scenario.
| ||||||
13 | ii. Where requested by an applicant, all terms and | ||||||
14 | conditions allowing
for trading of emissions increases | ||||||
15 | and decreases between different emission
units at the | ||||||
16 | CAAPP source, to the extent that the applicable | ||||||
17 | requirements
provide for trading of such emissions | ||||||
18 | increases and decreases without a
case-by-case | ||||||
19 | approval of each emissions trade. Such terms and | ||||||
20 | conditions:
| ||||||
21 | A. Shall include all terms required under this | ||||||
22 | subsection to determine
compliance;
| ||||||
23 | B. Must meet all applicable requirements;
| ||||||
24 | C. Shall extend the permit shield described in | ||||||
25 | paragraph 7(j) of this
Section to all terms and | ||||||
26 | conditions that allow such increases and decreases |
| |||||||
| |||||||
1 | in
emissions.
| ||||||
2 | m. The Agency shall specifically designate as not being | ||||||
3 | federally
enforceable under the Clean Air Act any terms and | ||||||
4 | conditions included in the
permit that are not specifically | ||||||
5 | required under the Clean Air Act or federal
regulations | ||||||
6 | promulgated thereunder. Terms or conditions so designated | ||||||
7 | shall be
subject to all applicable state requirements, | ||||||
8 | except the requirements of
subsection 7 (other than this | ||||||
9 | paragraph, paragraph q of subsection 7,
subsections 8 | ||||||
10 | through 11, and subsections 13 through 16 of this Section. | ||||||
11 | The
Agency shall, however, include such terms and | ||||||
12 | conditions in the CAAPP permit
issued to the source.
| ||||||
13 | n. Each CAAPP permit issued under subsection 10 of this | ||||||
14 | Section shall
specify and reference the origin of and | ||||||
15 | authority for each term or condition,
and identify any | ||||||
16 | difference in form as compared to the applicable | ||||||
17 | requirement
upon which the term or condition is based.
| ||||||
18 | o. Each CAAPP permit issued under subsection 10 of this | ||||||
19 | Section shall
include provisions stating the following:
| ||||||
20 | i. Duty to comply. The permittee must comply with | ||||||
21 | all terms and
conditions of the CAAPP permit. Any | ||||||
22 | permit noncompliance constitutes a
violation of the | ||||||
23 | Clean Air Act and the Act, and is grounds for any or | ||||||
24 | all of
the following: enforcement action; permit | ||||||
25 | termination, revocation and
reissuance, or | ||||||
26 | modification; or denial of a permit renewal |
| |||||||
| |||||||
1 | application.
| ||||||
2 | ii. Need to halt or reduce activity not a defense. | ||||||
3 | It shall not be a
defense for a permittee in an | ||||||
4 | enforcement action that it would have been
necessary to | ||||||
5 | halt or reduce the permitted activity in order to | ||||||
6 | maintain
compliance with the conditions of this | ||||||
7 | permit.
| ||||||
8 | iii. Permit actions. The permit may be modified, | ||||||
9 | revoked, reopened, and
reissued, or terminated for | ||||||
10 | cause in accordance with the applicable subsections
of | ||||||
11 | Section 39.5 of this Act. The filing of a request by | ||||||
12 | the permittee for a
permit modification, revocation | ||||||
13 | and reissuance, or termination, or of a
notification of | ||||||
14 | planned changes or anticipated noncompliance does not | ||||||
15 | stay any
permit condition.
| ||||||
16 | iv. Property rights. The permit does not convey any | ||||||
17 | property rights of
any sort, or any exclusive | ||||||
18 | privilege.
| ||||||
19 | v. Duty to provide information. The permittee | ||||||
20 | shall furnish to the
Agency within a reasonable time | ||||||
21 | specified by the Agency any information that
the Agency | ||||||
22 | may request in writing to determine whether cause | ||||||
23 | exists for
modifying, revoking and reissuing, or | ||||||
24 | terminating the permit or to determine
compliance with | ||||||
25 | the permit. Upon request, the permittee shall also | ||||||
26 | furnish to
the Agency copies of records required to be |
| |||||||
| |||||||
1 | kept by the permit or, for
information claimed to be | ||||||
2 | confidential, the permittee may furnish such records
| ||||||
3 | directly to USEPA along with a claim of | ||||||
4 | confidentiality.
| ||||||
5 | vi. Duty to pay fees. The permittee must pay fees | ||||||
6 | to the Agency
consistent with the fee schedule approved | ||||||
7 | pursuant to subsection 18 of this
Section, and submit | ||||||
8 | any information relevant thereto.
| ||||||
9 | vii. Emissions trading. No permit revision shall | ||||||
10 | be required for
increases in emissions allowed under | ||||||
11 | any approved economic incentives,
marketable permits, | ||||||
12 | emissions trading, and other similar programs or | ||||||
13 | processes
for changes that are provided for in the | ||||||
14 | permit and that are authorized by the
applicable | ||||||
15 | requirement.
| ||||||
16 | p. Each CAAPP permit issued under subsection 10 of this | ||||||
17 | Section shall
contain the following elements with respect | ||||||
18 | to compliance:
| ||||||
19 | i. Compliance certification, testing, monitoring, | ||||||
20 | reporting, and record
keeping requirements sufficient | ||||||
21 | to assure compliance with the terms and
conditions of | ||||||
22 | the permit. Any document (including reports) required | ||||||
23 | by a CAAPP
permit shall contain a certification by a | ||||||
24 | responsible official that meets the
requirements of | ||||||
25 | subsection 5 of this Section and applicable | ||||||
26 | regulations.
|
| |||||||
| |||||||
1 | ii. Inspection and entry requirements that | ||||||
2 | necessitate that, upon
presentation of credentials and | ||||||
3 | other documents as may be required by law and
in | ||||||
4 | accordance with constitutional limitations, the | ||||||
5 | permittee shall allow the
Agency, or an authorized | ||||||
6 | representative to perform the following:
| ||||||
7 | A. Enter upon the permittee's premises where a | ||||||
8 | CAAPP source is located
or emissions-related | ||||||
9 | activity is conducted, or where records must be | ||||||
10 | kept under
the conditions of the permit.
| ||||||
11 | B. Have access to and copy, at reasonable | ||||||
12 | times, any records that must
be kept under the | ||||||
13 | conditions of the permit.
| ||||||
14 | C. Inspect at reasonable times any facilities, | ||||||
15 | equipment (including
monitoring and air pollution | ||||||
16 | control equipment), practices, or operations
| ||||||
17 | regulated or required under the permit.
| ||||||
18 | D. Sample or monitor any substances or | ||||||
19 | parameters at any location:
| ||||||
20 | 1. As authorized by the Clean Air Act, at | ||||||
21 | reasonable times, for
the purposes of assuring | ||||||
22 | compliance with the CAAPP permit or applicable
| ||||||
23 | requirements; or
| ||||||
24 | 2. As otherwise authorized by this Act.
| ||||||
25 | iii. A schedule of compliance consistent with | ||||||
26 | subsection 5 of this
Section and applicable |
| |||||||
| |||||||
1 | regulations.
| ||||||
2 | iv. Progress reports consistent with an applicable | ||||||
3 | schedule of
compliance pursuant to paragraph 5(d) of | ||||||
4 | this Section and applicable
regulations to be | ||||||
5 | submitted semiannually, or more frequently if the | ||||||
6 | Agency
determines that such more frequent submittals | ||||||
7 | are necessary for compliance with
the Act or | ||||||
8 | regulations promulgated by the Board thereunder. Such | ||||||
9 | progress
reports shall contain the following:
| ||||||
10 | A. Required dates for achieving the | ||||||
11 | activities, milestones, or
compliance required by | ||||||
12 | the schedule of compliance and dates when such
| ||||||
13 | activities, milestones or compliance were | ||||||
14 | achieved.
| ||||||
15 | B. An explanation of why any dates in the | ||||||
16 | schedule of compliance were
not or will not be met, | ||||||
17 | and any preventive or corrective measures adopted.
| ||||||
18 | v. Requirements for compliance certification with | ||||||
19 | terms and conditions
contained in the permit, | ||||||
20 | including emission limitations, standards, or work
| ||||||
21 | practices. Permits shall include each of the | ||||||
22 | following:
| ||||||
23 | A. The frequency (annually or more frequently | ||||||
24 | as specified in any
applicable requirement or by | ||||||
25 | the Agency pursuant to written procedures) of
| ||||||
26 | submissions of compliance certifications.
|
| |||||||
| |||||||
1 | B. A means for assessing or monitoring the | ||||||
2 | compliance of the source
with its emissions | ||||||
3 | limitations, standards, and work practices.
| ||||||
4 | C. A requirement that the compliance | ||||||
5 | certification include the
following:
| ||||||
6 | 1. The identification of each term or | ||||||
7 | condition contained in the
permit that is the | ||||||
8 | basis of the certification.
| ||||||
9 | 2. The compliance status.
| ||||||
10 | 3. Whether compliance was continuous or | ||||||
11 | intermittent.
| ||||||
12 | 4. The method(s) used for determining the | ||||||
13 | compliance status of the
source, both | ||||||
14 | currently and over the reporting period | ||||||
15 | consistent with subsection
7 of Section 39.5 of | ||||||
16 | the Act.
| ||||||
17 | D. A requirement that all compliance | ||||||
18 | certifications be submitted to
USEPA as well as to | ||||||
19 | the Agency.
| ||||||
20 | E. Additional requirements as may be specified | ||||||
21 | pursuant to Sections
114(a)(3) and 504(b) of the | ||||||
22 | Clean Air Act.
| ||||||
23 | F. Other provisions as the Agency may require.
| ||||||
24 | q. If the owner or operator of CAAPP source can | ||||||
25 | demonstrate in its
CAAPP application, including an | ||||||
26 | application for a significant modification,
that an |
| |||||||
| |||||||
1 | alternative emission limit would be equivalent to that | ||||||
2 | contained in the
applicable Board regulations, the Agency | ||||||
3 | shall include the alternative
emission limit in the CAAPP | ||||||
4 | permit, which shall supersede the
emission limit
set forth | ||||||
5 | in the applicable Board regulations, and shall include | ||||||
6 | conditions
that insure that the resulting emission limit is | ||||||
7 | quantifiable, accountable,
enforceable, and based on | ||||||
8 | replicable procedures.
| ||||||
9 | 8. Public Notice; Affected State Review.
| ||||||
10 | a. The Agency shall provide notice to the public, | ||||||
11 | including an opportunity
for public comment and a hearing, | ||||||
12 | on each draft CAAPP permit for issuance,
renewal or | ||||||
13 | significant modification, subject to Sections 7(a) and 7.1 | ||||||
14 | of this
Act.
| ||||||
15 | b. The Agency shall prepare a draft CAAPP permit and a | ||||||
16 | statement that sets
forth the legal and factual basis for | ||||||
17 | the draft CAAPP permit conditions,
including references to | ||||||
18 | the applicable statutory or regulatory provisions. The
| ||||||
19 | Agency shall provide this statement to any person who | ||||||
20 | requests it.
| ||||||
21 | c. The Agency shall give notice of each draft CAAPP | ||||||
22 | permit to the
applicant and to any affected State on or | ||||||
23 | before the time that the Agency has
provided notice to the | ||||||
24 | public, except as otherwise provided in this Act.
| ||||||
25 | d. The Agency, as part of its submittal of a proposed | ||||||
26 | permit to USEPA
(or as soon as possible after the submittal |
| |||||||
| |||||||
1 | for minor permit modification
procedures allowed under | ||||||
2 | subsection 14 of this Section), shall notify USEPA
and any | ||||||
3 | affected State in writing of any refusal of the Agency to | ||||||
4 | accept all
of the recommendations for the proposed permit | ||||||
5 | that an affected State
submitted during the public or | ||||||
6 | affected State review period. The notice
shall include the | ||||||
7 | Agency's reasons for not accepting the recommendations.
| ||||||
8 | The Agency is not required to accept recommendations that | ||||||
9 | are not based on
applicable requirements or the | ||||||
10 | requirements of this Section.
| ||||||
11 | e. The Agency shall make available to the public any | ||||||
12 | CAAPP permit
application, compliance plan (including the | ||||||
13 | schedule of compliance), CAAPP
permit, and emissions or | ||||||
14 | compliance monitoring report. If an owner or operator
of a | ||||||
15 | CAAPP source is required to submit information entitled to | ||||||
16 | protection from
disclosure under Section 7(a) or Section | ||||||
17 | 7.1 of this Act, the owner or operator
shall submit such | ||||||
18 | information separately. The requirements of Section 7(a) | ||||||
19 | or
Section 7.1 of this Act shall apply to such information, | ||||||
20 | which shall not be
included in a CAAPP permit unless | ||||||
21 | required by law. The contents of a CAAPP
permit shall not | ||||||
22 | be entitled to protection under Section 7(a) or Section 7.1 | ||||||
23 | of
this Act.
| ||||||
24 | f. The Agency shall have the authority to adopt | ||||||
25 | procedural rules, in
accordance with the Illinois | ||||||
26 | Administrative Procedure Act, as the Agency deems
|
| |||||||
| |||||||
1 | necessary, to implement this subsection.
| ||||||
2 | 9. USEPA Notice and Objection.
| ||||||
3 | a. The Agency shall provide to USEPA for its review a | ||||||
4 | copy of each CAAPP
application (including any application | ||||||
5 | for permit modification), statement of
basis as provided in | ||||||
6 | paragraph 8(b) of this Section, proposed CAAPP permit,
| ||||||
7 | CAAPP permit, and, if the Agency does not incorporate any | ||||||
8 | affected State's
recommendations on a proposed CAAPP | ||||||
9 | permit, a written statement of this
decision and its | ||||||
10 | reasons for not accepting the recommendations, except as
| ||||||
11 | otherwise provided in this Act or by agreement with USEPA. | ||||||
12 | To the extent
practicable, the preceding information shall | ||||||
13 | be provided in computer readable
format compatible with | ||||||
14 | USEPA's national database management system.
| ||||||
15 | b. The Agency shall not issue the proposed CAAPP permit | ||||||
16 | if USEPA objects
in writing within 45 days of receipt of | ||||||
17 | the proposed CAAPP permit and all
necessary supporting | ||||||
18 | information.
| ||||||
19 | c. If USEPA objects in writing to the issuance of the | ||||||
20 | proposed CAAPP
permit within the 45-day period, the Agency | ||||||
21 | shall respond in writing and may
revise and resubmit the | ||||||
22 | proposed CAAPP permit in response to the stated
objection, | ||||||
23 | to the extent supported by the record, within 90 days after | ||||||
24 | the date
of the objection. Prior to submitting a revised | ||||||
25 | permit to USEPA, the Agency
shall provide the applicant and |
| |||||||
| |||||||
1 | any person who participated in the public
comment process, | ||||||
2 | pursuant to subsection 8 of this Section, with a 10-day | ||||||
3 | period
to comment on any revision which the Agency is | ||||||
4 | proposing to make to the permit
in response to USEPA's | ||||||
5 | objection in accordance with Agency procedures.
| ||||||
6 | d. Any USEPA objection under this subsection, | ||||||
7 | according to the Clean Air
Act, will include a statement of | ||||||
8 | reasons for the objection and a description of
the terms | ||||||
9 | and conditions that must be in the permit, in order to | ||||||
10 | adequately
respond to the objections. Grounds for a USEPA | ||||||
11 | objection include the failure
of the Agency to: (1) submit | ||||||
12 | the items and notices required under this
subsection; (2) | ||||||
13 | submit any other information necessary to adequately | ||||||
14 | review the
proposed CAAPP permit; or (3) process the permit | ||||||
15 | under subsection 8 of this
Section except for minor permit | ||||||
16 | modifications.
| ||||||
17 | e. If USEPA does not object in writing to issuance of a | ||||||
18 | permit under this
subsection, any person may petition USEPA | ||||||
19 | within 60 days after expiration of
the 45-day review period | ||||||
20 | to make such objection.
| ||||||
21 | f. If the permit has not yet been issued and USEPA | ||||||
22 | objects to the permit
as a result of a petition, the Agency | ||||||
23 | shall not issue the permit until USEPA's
objection has been | ||||||
24 | resolved. The Agency shall provide a 10-day comment period
| ||||||
25 | in accordance with paragraph c of this subsection. A | ||||||
26 | petition does not,
however, stay the effectiveness of a |
| |||||||
| |||||||
1 | permit or its requirements if the permit
was issued after | ||||||
2 | expiration of the 45-day review period and prior to a USEPA
| ||||||
3 | objection.
| ||||||
4 | g. If the Agency has issued a permit after expiration | ||||||
5 | of the 45-day review
period and prior to receipt of a USEPA | ||||||
6 | objection under this subsection in
response to a petition | ||||||
7 | submitted pursuant to paragraph e of this subsection,
the | ||||||
8 | Agency may, upon receipt of an objection from USEPA, revise | ||||||
9 | and resubmit
the permit to USEPA pursuant to this | ||||||
10 | subsection after providing a 10-day
comment period in | ||||||
11 | accordance with paragraph c of this subsection. If the | ||||||
12 | Agency
fails to submit a revised permit in response to the | ||||||
13 | objection, USEPA shall
modify, terminate or revoke the | ||||||
14 | permit. In any case, the source will not be in
violation of | ||||||
15 | the requirement to have submitted a timely and complete
| ||||||
16 | application.
| ||||||
17 | h. 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 | 10. Final Agency Action.
| ||||||
22 | a. The Agency shall issue a CAAPP permit, permit | ||||||
23 | modification, or permit
renewal if all of the following | ||||||
24 | conditions are met:
| ||||||
25 | i. The applicant has submitted a complete and |
| |||||||
| |||||||
1 | certified application for
a permit, permit | ||||||
2 | modification, or permit renewal consistent with | ||||||
3 | subsections 5
and 14 of this Section, as applicable, | ||||||
4 | and applicable regulations.
| ||||||
5 | ii. The applicant has submitted with its complete | ||||||
6 | application an
approvable compliance plan, including a | ||||||
7 | schedule for achieving compliance,
consistent with | ||||||
8 | subsection 5 of this Section and applicable | ||||||
9 | regulations.
| ||||||
10 | iii. The applicant has timely paid the fees | ||||||
11 | required pursuant to
subsection 18 of this Section and | ||||||
12 | applicable regulations.
| ||||||
13 | iv. The Agency has received a complete CAAPP | ||||||
14 | application and, if
necessary, has requested and | ||||||
15 | received additional information from the applicant
| ||||||
16 | consistent with subsection 5 of this Section and | ||||||
17 | applicable regulations.
| ||||||
18 | v. The Agency has complied with all applicable | ||||||
19 | provisions regarding
public notice and affected State | ||||||
20 | review consistent with subsection 8 of this
Section and | ||||||
21 | applicable regulations.
| ||||||
22 | vi. The Agency has provided a copy of each CAAPP | ||||||
23 | application, or summary
thereof, pursuant to agreement | ||||||
24 | with USEPA and proposed CAAPP permit required
under | ||||||
25 | subsection 9 of this Section to USEPA, and USEPA has | ||||||
26 | not objected to the
issuance of the permit in |
| |||||||
| |||||||
1 | accordance with the Clean Air Act and 40 CFR Part 70.
| ||||||
2 | b. The Agency shall have the authority to deny a CAAPP | ||||||
3 | permit, permit
modification, or permit renewal if the | ||||||
4 | applicant has not complied with the
requirements of | ||||||
5 | paragraphs (a)(i)-(a)(iv) of this subsection or if USEPA
| ||||||
6 | objects to its issuance.
| ||||||
7 | c. i. Prior to denial of a CAAPP permit, permit | ||||||
8 | modification, or permit
renewal under this Section, | ||||||
9 | the Agency shall notify the applicant of the
possible | ||||||
10 | denial and the reasons for the denial.
| ||||||
11 | ii. Within such notice, the Agency shall specify an | ||||||
12 | appropriate date by
which the applicant shall | ||||||
13 | adequately respond to the Agency's notice. Such date
| ||||||
14 | shall not exceed 15 days from the date the notification | ||||||
15 | is received by the
applicant. The Agency may grant a | ||||||
16 | reasonable extension for good cause
shown.
| ||||||
17 | iii. Failure by the applicant to adequately | ||||||
18 | respond by the date
specified in the notification or by | ||||||
19 | any granted extension date shall be grounds
for denial | ||||||
20 | of the permit.
| ||||||
21 | For purposes of obtaining judicial review under | ||||||
22 | Sections 40.2 and 41 of
this Act, the Agency shall | ||||||
23 | provide to USEPA and each applicant, and, upon
request, | ||||||
24 | to affected States, any person who participated in the | ||||||
25 | public comment
process, and any other person who could | ||||||
26 | obtain judicial review under Sections
40.2 and 41 of |
| |||||||
| |||||||
1 | this Act, a copy of each CAAPP permit or notification | ||||||
2 | of denial
pertaining to that party.
| ||||||
3 | d. The Agency shall have the authority to adopt | ||||||
4 | procedural rules, in
accordance with the Illinois | ||||||
5 | Administrative Procedure Act, as the Agency deems
| ||||||
6 | necessary, to implement this subsection.
| ||||||
7 | 11. General Permits.
| ||||||
8 | a. The Agency may issue a general permit covering | ||||||
9 | numerous similar
sources, except for affected sources for | ||||||
10 | acid deposition unless otherwise
provided in regulations | ||||||
11 | promulgated under Title IV of the Clean Air Act.
| ||||||
12 | b. The Agency shall identify, in any general permit, | ||||||
13 | criteria by which
sources may qualify for the general | ||||||
14 | permit.
| ||||||
15 | c. CAAPP sources that would qualify for a general | ||||||
16 | permit must apply for
coverage under the terms of the | ||||||
17 | general permit or must apply for a CAAPP permit
consistent | ||||||
18 | with subsection 5 of this Section and applicable | ||||||
19 | regulations.
| ||||||
20 | d. The Agency shall comply with the public comment and | ||||||
21 | hearing provisions
of this Section as well as the USEPA and | ||||||
22 | affected State review procedures prior
to issuance of a | ||||||
23 | general
permit.
| ||||||
24 | e. When granting a subsequent request by a qualifying | ||||||
25 | 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 |
| |||||||
| |||||||
1 | or operator of a CAAPP source and the Agency shall
each | ||||||
2 | attach such notice to their copy of the relevant permit.
| ||||||
3 | i. An owner or operator of a CAAPP source may make
| ||||||
4 | Section 502 (b) (10) changes without a permit revision, | ||||||
5 | if the
changes are not modifications under any | ||||||
6 | provision of Title I of the Clean
Air Act and the | ||||||
7 | changes do not exceed the emissions allowable under the
| ||||||
8 | permit (whether expressed therein as a rate of | ||||||
9 | emissions or in terms of total emissions).
| ||||||
10 | A. For each such change, the written | ||||||
11 | notification required above shall
include a brief | ||||||
12 | description of the change within the source, the | ||||||
13 | date on
which the change will occur, any change in | ||||||
14 | emissions, and any permit term
or condition that is | ||||||
15 | no longer applicable as a result of the change.
| ||||||
16 | B. The permit shield described in paragraph | ||||||
17 | 7(j) of this Section shall
not apply to any change | ||||||
18 | made pursuant to this subparagraph.
| ||||||
19 | ii. An owner or operator of a CAAPP source may | ||||||
20 | trade increases and
decreases in emissions in the CAAPP | ||||||
21 | source, where the applicable
implementation plan | ||||||
22 | provides for such emission trades without requiring a
| ||||||
23 | permit revision. This provision is available in those | ||||||
24 | cases where the
permit does not already provide for | ||||||
25 | such emissions trading.
| ||||||
26 | A. Under this subparagraph (a)(ii), the |
| |||||||
| |||||||
1 | written notification required
above shall include | ||||||
2 | such information as may be required by the | ||||||
3 | provision in
the applicable implementation plan | ||||||
4 | authorizing the emissions trade,
including at a | ||||||
5 | minimum, when the proposed changes will occur, a | ||||||
6 | description
of each such change, any change in | ||||||
7 | emissions, the permit requirements with
which the | ||||||
8 | source will comply using the emissions trading | ||||||
9 | provisions of the
applicable implementation plan, | ||||||
10 | and the pollutants emitted subject to the
| ||||||
11 | emissions trade. The notice shall also refer to the | ||||||
12 | provisions in the
applicable implementation plan | ||||||
13 | with which the source will comply and
provide for | ||||||
14 | the emissions trade.
| ||||||
15 | B. The permit shield described in paragraph | ||||||
16 | 7(j) of this Section shall
not apply to any change | ||||||
17 | made pursuant to this subparagraph (a) (ii).
| ||||||
18 | Compliance with the permit requirements that the | ||||||
19 | source will meet using the
emissions trade shall be | ||||||
20 | determined according to the requirements of the
| ||||||
21 | applicable implementation plan authorizing the | ||||||
22 | emissions trade.
| ||||||
23 | iii. If requested within a CAAPP application, the | ||||||
24 | Agency shall issue a
CAAPP permit which contains terms | ||||||
25 | and conditions, including all terms
required under | ||||||
26 | subsection 7 of this Section to determine compliance,
|
| |||||||
| |||||||
1 | allowing for the trading of emissions increases and | ||||||
2 | decreases at the CAAPP
source solely for the purpose of | ||||||
3 | complying with a federally-enforceable
emissions cap | ||||||
4 | that is established in the permit independent of | ||||||
5 | otherwise
applicable requirements. The owner or | ||||||
6 | operator of a CAAPP source shall include
in its CAAPP | ||||||
7 | application proposed replicable procedures and permit | ||||||
8 | terms that
ensure the emissions trades are | ||||||
9 | quantifiable and enforceable. The permit shall
also | ||||||
10 | require compliance with all applicable requirements.
| ||||||
11 | A. Under this subparagraph (a)(iii), the | ||||||
12 | written notification required
above shall state | ||||||
13 | when the change will occur and shall describe the | ||||||
14 | changes
in emissions that will result and how these | ||||||
15 | increases and decreases in
emissions will comply | ||||||
16 | with the terms and conditions of the permit.
| ||||||
17 | B. The permit shield described in paragraph | ||||||
18 | 7(j) of this Section shall
extend to terms and | ||||||
19 | conditions that allow such increases and decreases | ||||||
20 | in
emissions.
| ||||||
21 | b. An owner or operator of a CAAPP source may make | ||||||
22 | changes that are not
addressed or prohibited by the permit, | ||||||
23 | other than those which are subject to
any requirements | ||||||
24 | under Title IV of the Clean Air Act or are modifications | ||||||
25 | under
any provisions of Title I of the Clean Air Act, | ||||||
26 | without a permit
revision, in accordance with the following |
| |||||||
| |||||||
1 | requirements:
| ||||||
2 | (i) Each such change shall meet all applicable | ||||||
3 | requirements and shall
not violate any existing permit | ||||||
4 | term or condition;
| ||||||
5 | (ii) Sources must provide contemporaneous written | ||||||
6 | notice to the Agency
and USEPA of each such change, | ||||||
7 | except for changes that qualify as insignificant
under | ||||||
8 | provisions adopted by the Agency or the Board. Such | ||||||
9 | written notice shall
describe each such change, | ||||||
10 | including the date, any change in emissions,
| ||||||
11 | pollutants emitted, and any applicable requirement | ||||||
12 | that would apply as a result
of the change;
| ||||||
13 | (iii) The change shall not qualify for the shield | ||||||
14 | described in paragraph
7(j) of this Section; and
| ||||||
15 | (iv) The permittee shall keep a record describing | ||||||
16 | changes made at the
source that result in emissions of | ||||||
17 | a regulated air pollutant subject to an
applicable | ||||||
18 | Clean Air Act requirement, but not otherwise regulated | ||||||
19 | under the
permit, and the emissions resulting from | ||||||
20 | those changes.
| ||||||
21 | c. 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 | 13. Administrative Permit Amendments.
|
| |||||||
| |||||||
1 | a. The Agency shall take final action on a
request for | ||||||
2 | an administrative permit amendment within 60 days of | ||||||
3 | receipt of the
request. Neither notice nor an opportunity | ||||||
4 | for public and affected State
comment shall be required for | ||||||
5 | the Agency to incorporate such revisions,
provided it | ||||||
6 | designates the permit revisions as having been made | ||||||
7 | pursuant to
this subsection.
| ||||||
8 | b. The Agency shall submit a copy of the revised permit | ||||||
9 | to USEPA.
| ||||||
10 | c. For purposes of this Section the term | ||||||
11 | "administrative permit amendment"
shall be defined as a | ||||||
12 | permit revision that can accomplish one or more of
the
| ||||||
13 | changes described below:
| ||||||
14 | i. Corrects typographical errors;
| ||||||
15 | ii. Identifies a change in the name, address, or | ||||||
16 | phone number of any
person identified in the permit, or | ||||||
17 | provides a similar minor administrative
change at the | ||||||
18 | source;
| ||||||
19 | iii. Requires more frequent monitoring or | ||||||
20 | reporting by the permittee;
| ||||||
21 | iv. Allows for a change in ownership or operational | ||||||
22 | control of a source
where the Agency determines that no | ||||||
23 | other change in the permit is necessary,
provided that | ||||||
24 | a written agreement containing a specific date for | ||||||
25 | transfer of
permit responsibility, coverage, and | ||||||
26 | liability between the current and new
permittees has |
| |||||||
| |||||||
1 | been submitted to the Agency;
| ||||||
2 | v. Incorporates into the CAAPP permit the | ||||||
3 | requirements from
preconstruction review permits | ||||||
4 | authorized under a USEPA-approved program,
provided | ||||||
5 | the program meets procedural and compliance | ||||||
6 | requirements substantially
equivalent to those | ||||||
7 | contained in this Section;
| ||||||
8 | vi. (Blank); or
| ||||||
9 | vii. Any other type of change which USEPA has | ||||||
10 | determined as part of
the
approved CAAPP permit program | ||||||
11 | to be similar to those included in this
subsection.
| ||||||
12 | d. The Agency shall, upon taking final action granting | ||||||
13 | a request for
an administrative permit amendment, allow | ||||||
14 | coverage by the permit shield in
paragraph 7(j) of this | ||||||
15 | Section for administrative permit amendments made
pursuant | ||||||
16 | to subparagraph (c)(v) of this subsection which meet the | ||||||
17 | relevant
requirements for significant permit | ||||||
18 | modifications.
| ||||||
19 | e. Permit revisions and modifications, including | ||||||
20 | administrative amendments
and automatic amendments | ||||||
21 | (pursuant to Sections 408(b) and 403(d) of the Clean
Air | ||||||
22 | Act or regulations promulgated thereunder), for purposes | ||||||
23 | of the acid rain
portion of the permit shall be governed by | ||||||
24 | the regulations promulgated under
Title IV of the Clean Air | ||||||
25 | Act. Owners or operators of affected sources for
acid | ||||||
26 | deposition shall have the flexibility to amend their |
| |||||||
| |||||||
1 | compliance plans as
provided in the regulations | ||||||
2 | promulgated under Title IV of the Clean Air Act.
| ||||||
3 | f. The CAAPP source may implement the changes addressed | ||||||
4 | in the
request for an administrative permit amendment | ||||||
5 | immediately upon submittal of
the request.
| ||||||
6 | g. The Agency shall have the authority to adopt | ||||||
7 | procedural rules, in
accordance with the Illinois | ||||||
8 | Administrative Procedure Act, as the Agency
deems | ||||||
9 | necessary, to implement this subsection.
| ||||||
10 | 14. Permit Modifications.
| ||||||
11 | a. Minor permit modification procedures.
| ||||||
12 | i. The Agency shall review a permit modification | ||||||
13 | using the "minor
permit" modification procedures only | ||||||
14 | for those permit modifications that:
| ||||||
15 | A. Do not violate any applicable requirement;
| ||||||
16 | B. Do not involve significant changes to | ||||||
17 | existing monitoring,
reporting, or recordkeeping | ||||||
18 | requirements in the permit;
| ||||||
19 | C. Do not require a case-by-case determination | ||||||
20 | of an emission
limitation or other standard, or a | ||||||
21 | source-specific determination of ambient
impacts, | ||||||
22 | or a visibility or increment analysis;
| ||||||
23 | D. Do not seek to establish or change a permit | ||||||
24 | term or condition
for which there is no | ||||||
25 | corresponding underlying requirement and which |
| |||||||
| |||||||
1 | avoids an
applicable requirement to which the | ||||||
2 | source would otherwise be subject. Such
terms and | ||||||
3 | conditions include:
| ||||||
4 | 1. A federally enforceable emissions cap | ||||||
5 | assumed to avoid
classification as a | ||||||
6 | modification under any provision of Title I of | ||||||
7 | the Clean
Air Act; and
| ||||||
8 | 2. An alternative emissions limit approved | ||||||
9 | pursuant to regulations
promulgated under | ||||||
10 | Section 112(i)(5) of the Clean Air Act;
| ||||||
11 | E. Are not modifications under any provision | ||||||
12 | of Title I of the Clean
Air Act; and
| ||||||
13 | F. Are not required to be processed as a | ||||||
14 | significant modification.
| ||||||
15 | ii. Notwithstanding subparagraphs (a)(i) and | ||||||
16 | (b)(ii) of this subsection,
minor permit modification | ||||||
17 | procedures may be used for permit modifications
| ||||||
18 | involving the use of economic incentives, marketable | ||||||
19 | permits, emissions
trading, and other similar | ||||||
20 | approaches, to the extent that such minor permit
| ||||||
21 | modification procedures are explicitly provided for in | ||||||
22 | an applicable
implementation plan or in applicable | ||||||
23 | requirements promulgated by USEPA.
| ||||||
24 | iii. An applicant requesting the use of minor | ||||||
25 | permit modification
procedures shall meet the | ||||||
26 | requirements of subsection 5 of this Section and
shall |
| |||||||
| |||||||
1 | include the following in its application:
| ||||||
2 | A. A description of the change, the emissions | ||||||
3 | resulting from the
change,
and any new applicable | ||||||
4 | requirements that will apply if the change occurs;
| ||||||
5 | B. The source's suggested draft permit;
| ||||||
6 | C. Certification by a responsible official, | ||||||
7 | consistent with
paragraph 5(e) of this Section and | ||||||
8 | applicable regulations, that the proposed
| ||||||
9 | modification meets the criteria for use of minor | ||||||
10 | permit modification
procedures and a request that | ||||||
11 | such procedures be used; and
| ||||||
12 | D. Completed forms for the Agency to use to | ||||||
13 | notify USEPA and affected
States as required under | ||||||
14 | subsections 8 and 9 of this Section.
| ||||||
15 | iv. Within 5 working days of receipt of a complete | ||||||
16 | permit modification
application, the Agency shall | ||||||
17 | notify USEPA and affected States of the
requested | ||||||
18 | permit modification in accordance with subsections 8 | ||||||
19 | and 9 of
this Section. The Agency promptly shall send | ||||||
20 | any notice required under
paragraph 8(d) of this | ||||||
21 | Section to USEPA.
| ||||||
22 | v. The Agency may not issue a final permit | ||||||
23 | modification until after the
45-day review period for | ||||||
24 | USEPA or until USEPA has notified the Agency that
USEPA | ||||||
25 | will not object to the issuance of the permit | ||||||
26 | modification, whichever
comes first, although the |
| |||||||
| |||||||
1 | Agency can approve the permit modification prior to
| ||||||
2 | that time. Within 90 days of the Agency's receipt of an | ||||||
3 | application under the
minor permit modification | ||||||
4 | procedures or 15 days after the end of USEPA's 45-day
| ||||||
5 | review period under subsection 9 of this Section, | ||||||
6 | whichever is later, the
Agency shall:
| ||||||
7 | A. Issue the permit modification as proposed;
| ||||||
8 | B. Deny the permit modification application;
| ||||||
9 | C. Determine that the requested modification | ||||||
10 | does not meet the minor
permit modification | ||||||
11 | criteria and should be reviewed under the | ||||||
12 | significant
modification procedures; or
| ||||||
13 | D. Revise the draft permit modification and | ||||||
14 | transmit to USEPA the new
proposed permit | ||||||
15 | modification as required by subsection 9 of this | ||||||
16 | Section.
| ||||||
17 | vi. Any CAAPP source may make the change proposed | ||||||
18 | in its minor permit
modification application | ||||||
19 | immediately after it files such application. After
the | ||||||
20 | CAAPP source makes the change allowed by the preceding | ||||||
21 | sentence, and
until the Agency takes any of the actions | ||||||
22 | specified in subparagraphs
(a)(v)(A) through (a)(v)(C) | ||||||
23 | of this subsection, the source must comply with
both | ||||||
24 | the applicable requirements governing the change and | ||||||
25 | the proposed
permit terms and conditions. During this | ||||||
26 | time period, the source need not
comply with the |
| |||||||
| |||||||
1 | existing permit terms and conditions it seeks to | ||||||
2 | modify.
If the source fails to comply with its proposed | ||||||
3 | permit terms and conditions
during this time period, | ||||||
4 | the existing permit terms and conditions which it
seeks | ||||||
5 | to modify may be enforced against it.
| ||||||
6 | vii. The permit shield under subparagraph 7(j) of | ||||||
7 | this Section may not
extend to minor permit | ||||||
8 | modifications.
| ||||||
9 | viii. If a construction permit is required, | ||||||
10 | pursuant to Section 39(a) of
this Act and regulations | ||||||
11 | thereunder, for a change for which the minor
permit | ||||||
12 | modification procedures are applicable, the source may | ||||||
13 | request that
the processing of the construction permit | ||||||
14 | application be consolidated with
the processing of the | ||||||
15 | application for the minor permit modification. In
such | ||||||
16 | cases, the provisions of this Section, including those | ||||||
17 | within
subsections 5, 8, and 9, shall apply and the | ||||||
18 | Agency shall act on such
applications pursuant to | ||||||
19 | subparagraph 14(a)(v). The source may make the
| ||||||
20 | proposed change immediately after filing its | ||||||
21 | application for the minor
permit modification. Nothing | ||||||
22 | in this subparagraph shall otherwise affect
the | ||||||
23 | requirements and procedures applicable to construction | ||||||
24 | permits.
| ||||||
25 | b. Group Processing of Minor Permit Modifications.
| ||||||
26 | i. Where requested by an applicant within its |
| |||||||
| |||||||
1 | application, the
Agency shall process groups of a | ||||||
2 | source's applications for certain
modifications | ||||||
3 | eligible for minor permit modification processing in
| ||||||
4 | accordance with the provisions of this paragraph (b).
| ||||||
5 | ii. Permit modifications may be processed in | ||||||
6 | accordance with the
procedures for group processing, | ||||||
7 | for those modifications:
| ||||||
8 | A. Which meet the criteria for minor permit | ||||||
9 | modification procedures
under subparagraph | ||||||
10 | 14(a)(i) of this Section; and
| ||||||
11 | B. That collectively are below 10 percent of | ||||||
12 | the emissions allowed by
the permit for the | ||||||
13 | emissions unit for which change is requested, 20 | ||||||
14 | percent
of the applicable definition of major | ||||||
15 | source set forth in subsection 2 of
this Section, | ||||||
16 | or 5 tons per year, whichever is least.
| ||||||
17 | iii. An applicant requesting the use of group | ||||||
18 | processing procedures
shall
meet the requirements of | ||||||
19 | subsection 5 of this Section and shall include the
| ||||||
20 | following in its application:
| ||||||
21 | A. A description of the change, the emissions | ||||||
22 | resulting from the
change, and any new applicable | ||||||
23 | requirements that will apply if the change
occurs.
| ||||||
24 | B. The source's suggested draft permit.
| ||||||
25 | C. Certification by a responsible official | ||||||
26 | consistent with paragraph
5(e) of this Section, |
| |||||||
| |||||||
1 | that the proposed modification meets the criteria | ||||||
2 | for
use of group processing procedures and a | ||||||
3 | request that such procedures be used.
| ||||||
4 | D. A list of the source's other pending | ||||||
5 | applications awaiting group
processing, and a | ||||||
6 | determination of whether the requested | ||||||
7 | modification,
aggregated with these other | ||||||
8 | applications, equals or exceeds the threshold
set | ||||||
9 | under subparagraph (b)(ii)(B) of this subsection.
| ||||||
10 | E. Certification, consistent with paragraph | ||||||
11 | 5(e), that the source has
notified USEPA of the | ||||||
12 | proposed modification. Such notification need only
| ||||||
13 | contain a brief description of the requested | ||||||
14 | modification.
| ||||||
15 | F. Completed forms for the Agency to use to | ||||||
16 | notify USEPA and affected
states as required under | ||||||
17 | subsections 8 and 9 of this Section.
| ||||||
18 | iv. On a quarterly basis or within 5 business days | ||||||
19 | of receipt of an
application demonstrating that the | ||||||
20 | aggregate of a source's pending
applications equals or | ||||||
21 | exceeds the threshold level set forth within
| ||||||
22 | subparagraph (b)(ii)(B) of this subsection, whichever | ||||||
23 | is earlier, the
Agency shall promptly notify USEPA and | ||||||
24 | affected States of the requested
permit modifications | ||||||
25 | in accordance with subsections 8 and 9 of this
Section. | ||||||
26 | The Agency shall send any notice required under |
| |||||||
| |||||||
1 | paragraph 8(d) of
this Section to USEPA.
| ||||||
2 | v. The provisions of subparagraph (a)(v) of this | ||||||
3 | subsection shall apply
to modifications eligible for | ||||||
4 | group processing, except that the Agency
shall take one | ||||||
5 | of the actions specified in subparagraphs (a)(v)(A) | ||||||
6 | through
(a)(v)(D) of this subsection within 180 days of | ||||||
7 | receipt of the application
or 15 days after the end of | ||||||
8 | USEPA's 45-day review period under subsection 9
of this | ||||||
9 | Section, whichever is later.
| ||||||
10 | vi. The provisions of subparagraph (a)(vi) of this | ||||||
11 | subsection shall
apply to modifications for group | ||||||
12 | processing.
| ||||||
13 | vii. The provisions of paragraph 7(j) of this | ||||||
14 | Section shall not
apply to
modifications eligible for | ||||||
15 | group processing.
| ||||||
16 | c. Significant Permit Modifications.
| ||||||
17 | i. Significant modification procedures shall be | ||||||
18 | used for applications
requesting significant permit | ||||||
19 | modifications and for those applications that do
not | ||||||
20 | qualify as either minor permit modifications or as | ||||||
21 | administrative permit
amendments.
| ||||||
22 | ii. Every significant change in existing | ||||||
23 | monitoring permit terms or
conditions and every | ||||||
24 | relaxation of reporting or recordkeeping requirements
| ||||||
25 | shall be considered significant. A modification shall | ||||||
26 | also be considered
significant if in the judgment of |
| |||||||
| |||||||
1 | the Agency action on an application for
modification | ||||||
2 | would require decisions to be made on technically | ||||||
3 | complex issues.
Nothing herein shall be construed to | ||||||
4 | preclude the permittee from making changes
consistent | ||||||
5 | with this Section that would render existing permit | ||||||
6 | compliance terms
and conditions irrelevant.
| ||||||
7 | iii. Significant permit modifications must meet | ||||||
8 | all the requirements of
this Section, including those | ||||||
9 | for applications (including completeness review),
| ||||||
10 | public participation, review by affected States, and | ||||||
11 | review by USEPA applicable
to initial permit issuance | ||||||
12 | and permit renewal. The Agency shall take final
action | ||||||
13 | on significant permit modifications within 9 months | ||||||
14 | after receipt of a
complete application.
| ||||||
15 | d. The Agency shall have the authority to adopt | ||||||
16 | procedural rules, in
accordance with the Illinois | ||||||
17 | Administrative Procedure Act, as the Agency deems
| ||||||
18 | necessary, to implement this subsection.
| ||||||
19 | 15. Reopenings for Cause by the Agency.
| ||||||
20 | a. Each issued CAAPP permit shall include provisions | ||||||
21 | specifying the
conditions under which the permit will be | ||||||
22 | reopened prior to the expiration of
the permit. Such | ||||||
23 | revisions shall be made as expeditiously as practicable. A
| ||||||
24 | CAAPP permit shall be reopened and revised under any of the | ||||||
25 | following
circumstances, in accordance with procedures |
| |||||||
| |||||||
1 | adopted by the Agency:
| ||||||
2 | i. Additional requirements under the Clean Air Act | ||||||
3 | become applicable to
a major CAAPP source for which 3 | ||||||
4 | or more years remain on the original term of
the | ||||||
5 | permit. Such a reopening shall be completed not later | ||||||
6 | than 18 months after
the promulgation of the applicable | ||||||
7 | requirement. No such revision is required
if the | ||||||
8 | effective date of the requirement is later than the | ||||||
9 | date on which the
permit is due to expire.
| ||||||
10 | ii. Additional requirements (including excess | ||||||
11 | emissions requirements)
become applicable to an | ||||||
12 | affected source for acid deposition under the acid rain
| ||||||
13 | program. Excess emissions offset plans shall be deemed | ||||||
14 | to be incorporated into
the permit upon approval by | ||||||
15 | USEPA.
| ||||||
16 | iii. The Agency or USEPA determines that the permit | ||||||
17 | contains a material
mistake or that inaccurate | ||||||
18 | statements were made in establishing the emissions
| ||||||
19 | standards, limitations, or other terms or conditions | ||||||
20 | of the permit.
| ||||||
21 | iv. The Agency or USEPA determines that the permit | ||||||
22 | must be revised or
revoked to assure compliance with | ||||||
23 | the applicable requirements.
| ||||||
24 | b. In the event that the Agency determines that there | ||||||
25 | are grounds for
revoking a CAAPP permit, for cause, | ||||||
26 | consistent with paragraph a of this
subsection, it shall |
| |||||||
| |||||||
1 | file a petition before the Board
setting forth the basis | ||||||
2 | for such revocation. In any such proceeding, the
Agency | ||||||
3 | shall have the burden of establishing that the permit | ||||||
4 | should be
revoked under the standards set forth in this Act | ||||||
5 | and the Clean Air Act.
Any such proceeding shall be | ||||||
6 | conducted pursuant to the Board's procedures
for | ||||||
7 | adjudicatory hearings and the Board shall render its | ||||||
8 | decision within
120 days of the filing of the petition. The | ||||||
9 | Agency shall take final action to
revoke and reissue a | ||||||
10 | CAAPP permit consistent with the Board's order.
| ||||||
11 | c. Proceedings regarding a reopened CAAPP permit shall | ||||||
12 | follow the same
procedures as apply to initial permit | ||||||
13 | issuance and shall affect only those
parts of the permit | ||||||
14 | for which cause to reopen exists.
| ||||||
15 | d. Reopenings under paragraph (a) of this subsection | ||||||
16 | shall not be
initiated before a notice of such intent is | ||||||
17 | provided to the CAAPP source by the
Agency at least 30 days | ||||||
18 | in advance of the date that the permit is to be
reopened, | ||||||
19 | except that the Agency may provide a shorter time period in | ||||||
20 | the case
of an emergency.
| ||||||
21 | e. 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 | 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. |
| |||||||
| |||||||
1 | The Board shall conduct a hearing pursuant to the rules
| ||||||
2 | prescribed by Section 32 of this Act, and the burden of | ||||||
3 | proof shall be on the
Agency.
| ||||||
4 | ii. After due consideration of the written and oral | ||||||
5 | statements, the
testimony and arguments that shall be | ||||||
6 | submitted at hearing, the Board shall
issue and enter | ||||||
7 | an interim order for the proposed determination, which | ||||||
8 | shall
set forth all changes, if any, required in the | ||||||
9 | Agency's proposed determination.
The interim order | ||||||
10 | shall comply with the requirements for final orders as | ||||||
11 | set
forth in Section 33 of this Act. Issuance of an | ||||||
12 | interim order by the Board
under this paragraph, | ||||||
13 | however, shall not affect the permit status and does | ||||||
14 | not
constitute a final action for purposes of this Act | ||||||
15 | or the Administrative Review
Law.
| ||||||
16 | iii. The Board shall cause a copy of its interim | ||||||
17 | order to be served upon
all parties to the proceeding | ||||||
18 | as well as upon USEPA. The Agency shall submit
the | ||||||
19 | proposed determination to USEPA in accordance with the | ||||||
20 | Board's Interim
Order within 180 days after receipt of | ||||||
21 | the notification from USEPA.
| ||||||
22 | c. USEPA shall review the proposed determination to | ||||||
23 | terminate,
modify, or revoke and reissue the permit within | ||||||
24 | 90 days of receipt.
| ||||||
25 | i. When USEPA reviews the proposed determination | ||||||
26 | to terminate or revoke
and reissue and does not object, |
| |||||||
| |||||||
1 | the Board shall, within 7 days of receipt of
USEPA's | ||||||
2 | final approval, enter the interim order as a final | ||||||
3 | order. The final
order may be appealed as provided by | ||||||
4 | Title XI of this Act. The Agency shall
take final | ||||||
5 | action in accordance with the Board's final order.
| ||||||
6 | ii. When USEPA reviews such proposed determination
| ||||||
7 | to terminate or revoke and reissue and objects, the | ||||||
8 | Agency shall submit
USEPA's objection and the Agency's | ||||||
9 | comments and recommendation on the objection
to the | ||||||
10 | Board and permittee. The Board shall review its interim | ||||||
11 | order in
response to USEPA's objection and the Agency's | ||||||
12 | comments and recommendation and
issue a final order in | ||||||
13 | accordance with Sections 32 and 33 of this Act. The
| ||||||
14 | Agency shall, within 90 days after receipt of such | ||||||
15 | objection, respond to
USEPA's objection in accordance | ||||||
16 | with the Board's final order.
| ||||||
17 | iii. When USEPA reviews such proposed | ||||||
18 | determination to modify and
objects, the Agency shall, | ||||||
19 | within 90 days after receipt of the objection,
resolve | ||||||
20 | the objection and modify the permit in accordance with | ||||||
21 | USEPA's
objection, based upon the record, the Clean Air | ||||||
22 | Act, regulations promulgated
thereunder, this Act, and | ||||||
23 | regulations promulgated thereunder.
| ||||||
24 | d. If the Agency fails to submit the proposed | ||||||
25 | determination pursuant to
paragraph a of this subsection or | ||||||
26 | fails to resolve any USEPA objection
pursuant to paragraph |
| |||||||
| |||||||
1 | c of this subsection, USEPA will terminate, modify, or
| ||||||
2 | revoke and reissue the permit.
| ||||||
3 | e. The Agency shall have the authority to adopt | ||||||
4 | procedural rules, in
accordance with the Illinois | ||||||
5 | Administrative Procedure Act, as the Agency deems
| ||||||
6 | necessary, to implement this subsection.
| ||||||
7 | 17. Title IV; Acid Rain Provisions.
| ||||||
8 | a. The Agency shall act on initial CAAPP applications | ||||||
9 | for affected
sources for acid deposition in accordance with | ||||||
10 | this Section and Title V of
the Clean Air Act and | ||||||
11 | regulations promulgated thereunder, except as
modified by | ||||||
12 | Title IV of the Clean Air Act and regulations promulgated
| ||||||
13 | thereunder. The Agency shall issue initial CAAPP permits to | ||||||
14 | the affected
sources for acid deposition which shall become | ||||||
15 | effective no earlier than
January 1, 1995, and which shall | ||||||
16 | terminate on December 31, 1999, in
accordance with this | ||||||
17 | Section. Subsequent CAAPP permits issued to affected
| ||||||
18 | sources for acid deposition shall be issued for a fixed | ||||||
19 | term of 5 years.
Title IV of the Clean Air Act and | ||||||
20 | regulations promulgated thereunder,
including but not | ||||||
21 | limited to 40 C.F.R. Part 72, as now or hereafter amended,
| ||||||
22 | are
applicable to and enforceable under this Act.
| ||||||
23 | b. A designated representative of an affected source | ||||||
24 | for acid deposition
shall submit a timely and complete | ||||||
25 | Phase II acid rain permit application and
compliance plan |
| |||||||
| |||||||
1 | to the Agency, not later than January 1, 1996, that meets | ||||||
2 | the
requirements of Titles IV and V of the Clean Air Act | ||||||
3 | and regulations. The
Agency shall act on the Phase II acid | ||||||
4 | rain permit application and compliance
plan in accordance | ||||||
5 | with this Section and Title V of the Clean Air Act and
| ||||||
6 | regulations promulgated thereunder, except as modified by | ||||||
7 | Title IV of the Clean
Air Act and regulations promulgated | ||||||
8 | thereunder. The Agency shall issue the
Phase II acid rain | ||||||
9 | permit to an affected source for acid deposition no later
| ||||||
10 | than December 31, 1997, which shall become effective on | ||||||
11 | January 1, 2000, in
accordance with this Section, except as | ||||||
12 | modified by Title IV and regulations
promulgated | ||||||
13 | thereunder; provided that the designated representative of | ||||||
14 | the
source submitted a timely and complete Phase II permit | ||||||
15 | application and
compliance plan to the Agency that meets | ||||||
16 | the requirements of Title IV and V of
the Clean Air Act and | ||||||
17 | regulations.
| ||||||
18 | c. Each Phase II acid rain permit issued in accordance | ||||||
19 | with this
subsection shall have a fixed term of 5 years. | ||||||
20 | Except as provided in paragraph
b above, the Agency shall | ||||||
21 | issue or deny a Phase II acid rain permit within 18
months | ||||||
22 | of receiving a complete Phase II permit application and | ||||||
23 | compliance plan.
| ||||||
24 | d. A designated representative of a new unit, as | ||||||
25 | defined in Section 402 of
the Clean Air Act, shall submit a | ||||||
26 | timely and complete Phase II acid rain permit
application |
| |||||||
| |||||||
1 | and compliance plan that meets the requirements of Titles | ||||||
2 | IV and V
of the Clean Air Act and its regulations. The | ||||||
3 | Agency shall act on the new
unit's Phase II acid rain | ||||||
4 | permit application and compliance plan in accordance
with | ||||||
5 | this Section and Title V of the Clean Air Act and its | ||||||
6 | regulations, except
as modified by Title IV of the Clean | ||||||
7 | Air Act and its regulations. The Agency
shall reopen the | ||||||
8 | new unit's CAAPP permit for cause to incorporate the | ||||||
9 | approved
Phase II acid rain permit in accordance with this | ||||||
10 | Section. The Phase II acid
rain permit for the new unit | ||||||
11 | shall become effective no later than the date
required | ||||||
12 | under Title IV of the Clean Air Act and its regulations.
| ||||||
13 | e. A designated representative of an affected source | ||||||
14 | for acid deposition
shall submit a timely and complete | ||||||
15 | Title IV NOx permit application to the
Agency, not later | ||||||
16 | than January 1, 1998, that meets the requirements of Titles
| ||||||
17 | IV and V of the Clean Air Act and its regulations. The | ||||||
18 | Agency shall reopen the
Phase II acid rain permit for cause | ||||||
19 | and incorporate the approved NOx provisions
into the Phase | ||||||
20 | II acid rain permit not later than January 1, 1999, in
| ||||||
21 | accordance with this Section, except as modified by Title | ||||||
22 | IV of the Clean Air
Act and regulations promulgated | ||||||
23 | thereunder. Such reopening shall not affect the
term of the | ||||||
24 | Phase II acid rain permit.
| ||||||
25 | f. The designated representative of the affected | ||||||
26 | source for acid
deposition shall renew the initial CAAPP |
| |||||||
| |||||||
1 | permit and Phase II acid rain permit
in accordance with | ||||||
2 | this Section and Title V of the Clean Air Act and
| ||||||
3 | regulations promulgated thereunder, except as modified by | ||||||
4 | Title IV of the Clean
Air Act and regulations promulgated | ||||||
5 | thereunder.
| ||||||
6 | g. In the case of an affected source for acid | ||||||
7 | deposition for which a
complete Phase II acid rain permit | ||||||
8 | application and compliance plan are timely
received under | ||||||
9 | this subsection, the complete permit application and | ||||||
10 | compliance
plan, including amendments thereto, shall be | ||||||
11 | binding on the owner, operator and
designated | ||||||
12 | representative, all affected units for acid deposition at | ||||||
13 | the
affected source, and any other unit, as defined in | ||||||
14 | Section 402 of the Clean Air
Act, governed by the Phase II | ||||||
15 | acid rain permit application and shall be
enforceable as an | ||||||
16 | acid rain permit for purposes of Titles IV and V of the | ||||||
17 | Clean
Air Act, from the date of submission of the acid rain | ||||||
18 | permit application until
a Phase II acid rain permit is | ||||||
19 | issued or denied by the Agency.
| ||||||
20 | h. The Agency shall not include or implement any | ||||||
21 | measure which would
interfere with or modify the | ||||||
22 | requirements of Title IV of the Clean Air Act
or | ||||||
23 | regulations promulgated thereunder.
| ||||||
24 | i. Nothing in this Section shall be construed as | ||||||
25 | affecting allowances or
USEPA's decision regarding an | ||||||
26 | excess emissions offset plan, as set forth in
Title IV of |
| |||||||
| |||||||
1 | the Clean Air Act or regulations promulgated thereunder.
| ||||||
2 | i. No permit revision shall be required for | ||||||
3 | increases in emissions that
are authorized by | ||||||
4 | allowances acquired pursuant to the acid rain program,
| ||||||
5 | provided that such increases do not require a permit | ||||||
6 | revision under any other
applicable requirement.
| ||||||
7 | ii. No limit shall be placed on the number of | ||||||
8 | allowances held by the
source. The source may not, | ||||||
9 | however, use allowances as a defense to
noncompliance | ||||||
10 | with any other applicable requirement.
| ||||||
11 | iii. Any such allowance shall be accounted for | ||||||
12 | according to the
procedures established in regulations | ||||||
13 | promulgated under Title IV of the Clean
Air Act.
| ||||||
14 | j. To the extent that the federal regulations | ||||||
15 | promulgated under Title
IV,
including but not limited to 40 | ||||||
16 | C.F.R. Part 72, as now or hereafter amended,
are | ||||||
17 | inconsistent with the federal regulations promulgated | ||||||
18 | under Title V, the
federal regulations promulgated under | ||||||
19 | Title IV shall take precedence.
| ||||||
20 | k. The USEPA may intervene as a matter of right in any | ||||||
21 | permit appeal
involving a Phase II acid rain permit | ||||||
22 | provision or denial of a Phase II acid
rain permit.
| ||||||
23 | l. It is unlawful for any owner or operator
to violate | ||||||
24 | any terms or conditions of a Phase II acid rain permit
| ||||||
25 | issued under this subsection, to operate any affected | ||||||
26 | source for acid
deposition except in compliance with a |
| |||||||
| |||||||
1 | Phase II acid rain permit issued by the
Agency under this | ||||||
2 | subsection, or to violate any other applicable | ||||||
3 | requirements.
| ||||||
4 | m. The designated representative of an affected source | ||||||
5 | for acid
deposition shall submit to the Agency the data and | ||||||
6 | information submitted
quarterly to USEPA, pursuant to 40 | ||||||
7 | CFR 75.64, concurrently with the submission
to USEPA. The | ||||||
8 | submission shall be in the same electronic format as | ||||||
9 | specified by
USEPA.
| ||||||
10 | n. The Agency shall act on any petition for exemption | ||||||
11 | of a new unit or
retired unit, as those terms are defined | ||||||
12 | in Section 402 of the Clean Air Act,
from the requirements | ||||||
13 | of the acid rain program in accordance with Title IV of
the | ||||||
14 | Clean Air Act and its regulations.
| ||||||
15 | o. The Agency shall have the authority to adopt | ||||||
16 | procedural rules, in
accordance with the Illinois | ||||||
17 | Administrative Procedure Act, as the Agency
deems | ||||||
18 | necessary to implement this subsection.
| ||||||
19 | 18. Fee Provisions.
| ||||||
20 | a. For each 12 month period after the date on which the | ||||||
21 | USEPA approves
or conditionally approves the CAAPP, but in | ||||||
22 | no event prior to January 1, 1994,
a source subject to this | ||||||
23 | Section or excluded under subsection 1.1 or paragraph
3(c) | ||||||
24 | of this Section, shall pay a fee as provided in this part | ||||||
25 | (a) of this
subsection 18. However, a source that has been |
| |||||||
| |||||||
1 | excluded from the provisions
of this Section under | ||||||
2 | subsection 1.1 or paragraph 3(c) of this Section
because | ||||||
3 | the source emits less than 25 tons per year of any | ||||||
4 | combination of
regulated air pollutants shall pay fees in | ||||||
5 | accordance with paragraph (1) of
subsection (b) of Section | ||||||
6 | 9.6.
| ||||||
7 | i. The fee for a source allowed to emit less than | ||||||
8 | 100 tons per year
of any combination of regulated air | ||||||
9 | pollutants shall be $1,800
per year.
| ||||||
10 | ii. The fee for a source allowed to emit 100 tons | ||||||
11 | or more per year of
any combination of regulated air | ||||||
12 | pollutants, except for those regulated air
pollutants | ||||||
13 | excluded in paragraph 18(f) of this subsection, shall | ||||||
14 | be as follows:
| ||||||
15 | A. The Agency shall assess an annual fee of | ||||||
16 | $18.00 per
ton for
the allowable emissions of all | ||||||
17 | regulated air pollutants at that source
during the | ||||||
18 | term of the permit. These fees shall be used by the | ||||||
19 | Agency and
the Board to
fund the activities | ||||||
20 | required by Title V of the Clean Air Act including | ||||||
21 | such
activities as may be carried out by other | ||||||
22 | State or local agencies pursuant to
paragraph
(d) | ||||||
23 | of this subsection. The amount of such fee shall be | ||||||
24 | based on
the
information supplied by the applicant | ||||||
25 | in its complete CAAPP permit
application or in the | ||||||
26 | CAAPP permit if the permit has been granted and |
| |||||||
| |||||||
1 | shall be
determined by the amount of emissions that | ||||||
2 | the source is allowed to emit
annually, provided | ||||||
3 | however, that no source shall be required to pay an | ||||||
4 | annual
fee in excess of $250,000. The Agency shall | ||||||
5 | provide as part
of the permit
application form | ||||||
6 | required under subsection 5 of this Section a | ||||||
7 | separate fee
calculation form which will allow the | ||||||
8 | applicant to identify the allowable
emissions and | ||||||
9 | calculate the fee for the term of the permit. In no | ||||||
10 | event
shall the Agency raise the amount of | ||||||
11 | allowable emissions requested by the
applicant | ||||||
12 | unless such increases are required to demonstrate | ||||||
13 | compliance with
terms of a CAAPP permit.
| ||||||
14 | Notwithstanding the above, any applicant may | ||||||
15 | seek a change in its
permit which would result in | ||||||
16 | increases in allowable emissions due to an
| ||||||
17 | increase in the hours of operation or production | ||||||
18 | rates of an emission unit
or units and such a | ||||||
19 | change shall be consistent with the
construction | ||||||
20 | permit requirements of the existing State permit | ||||||
21 | program, under
Section 39(a) of this Act and | ||||||
22 | applicable provisions of this Section. Where a
| ||||||
23 | construction permit is required, the Agency shall | ||||||
24 | expeditiously grant such
construction permit and | ||||||
25 | shall, if necessary, modify the CAAPP permit based | ||||||
26 | on
the same application.
|
| |||||||
| |||||||
1 | B. The applicant or
permittee may pay the fee | ||||||
2 | annually or semiannually for those fees
greater | ||||||
3 | than $5,000.
However, any applicant paying a fee | ||||||
4 | equal to or greater than $100,000 shall
pay the | ||||||
5 | full amount on July 1, for the subsequent fiscal | ||||||
6 | year, or pay 50% of
the fee on July 1 and the | ||||||
7 | remaining 50% by the next January 1. The Agency may
| ||||||
8 | change any annual billing date upon reasonable | ||||||
9 | notice, but shall prorate the
new bill so that the | ||||||
10 | permittee or applicant does not pay more than its | ||||||
11 | required
fees for the fee period for which payment | ||||||
12 | is made.
| ||||||
13 | b. (Blank).
| ||||||
14 | c. (Blank).
| ||||||
15 | d. There is hereby created in the State Treasury a | ||||||
16 | special fund to be
known as the "CAA Permit Fund". All | ||||||
17 | Funds collected by the Agency pursuant
to this subsection | ||||||
18 | shall be deposited into the Fund. The General Assembly
| ||||||
19 | shall appropriate monies from this Fund to the Agency and | ||||||
20 | to the Board to
carry out their obligations under this | ||||||
21 | Section. The General Assembly may
also authorize monies to | ||||||
22 | be granted by the Agency from this Fund to other
State and | ||||||
23 | local agencies which perform duties related to the CAAPP.
| ||||||
24 | Interest generated on the monies deposited in this Fund | ||||||
25 | shall be returned to
the Fund.
| ||||||
26 | e. 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 | f. For purposes of this subsection, the term "regulated | ||||||
5 | air pollutant"
shall have the meaning given to it under | ||||||
6 | subsection 1 of this Section but
shall exclude the | ||||||
7 | following:
| ||||||
8 | i. carbon monoxide;
| ||||||
9 | ii. any Class I or II substance which is a | ||||||
10 | regulated air pollutant
solely because it is listed | ||||||
11 | pursuant to Section 602 of the Clean Air Act;
and
| ||||||
12 | iii. any pollutant that is a regulated air | ||||||
13 | pollutant solely because
it is subject to a standard or | ||||||
14 | regulation under Section 112(r) of the Clean
Air Act | ||||||
15 | based on the emissions allowed in the permit effective | ||||||
16 | in that
calendar year, at the time the applicable bill | ||||||
17 | is generated.
| ||||||
18 | 19. Air Toxics Provisions.
| ||||||
19 | a. In the event that the USEPA fails to promulgate in a | ||||||
20 | timely manner
a standard pursuant to Section 112(d) of the | ||||||
21 | Clean Air Act, the Agency
shall have the authority to issue | ||||||
22 | permits, pursuant to Section 112(j) of
the Clean Air Act | ||||||
23 | and regulations promulgated thereunder, which contain
| ||||||
24 | emission limitations which are equivalent to the emission | ||||||
25 | limitations that
would apply to a source if an emission |
| |||||||
| |||||||
1 | standard had been
promulgated in a timely manner by USEPA | ||||||
2 | pursuant to Section 112(d).
Provided, however, that the | ||||||
3 | owner or operator of a source shall have the
opportunity to | ||||||
4 | submit to the Agency a proposed emission limitation which | ||||||
5 | it
determines to be equivalent to the emission limitations | ||||||
6 | that would apply to
such source if an emission standard had | ||||||
7 | been promulgated in a timely manner
by USEPA. If the Agency | ||||||
8 | refuses to include the emission limitation
proposed by the | ||||||
9 | owner or operator in a CAAPP permit, the owner or operator
| ||||||
10 | may petition the Board to establish whether the emission | ||||||
11 | limitation
proposal submitted by the owner or operator | ||||||
12 | provides for emission
limitations which are equivalent to | ||||||
13 | the emission limitations that would
apply to the source if | ||||||
14 | the emission standard had been promulgated by USEPA
in a | ||||||
15 | timely manner. The Board shall determine whether the | ||||||
16 | emission
limitation proposed by the owner or operator or an | ||||||
17 | alternative emission
limitation proposed by the Agency | ||||||
18 | provides for the level of control
required under Section | ||||||
19 | 112 of the Clean Air Act, or shall otherwise
establish an | ||||||
20 | appropriate emission limitation, pursuant to Section 112 | ||||||
21 | of
the Clean Air Act.
| ||||||
22 | b. Any Board proceeding brought under paragraph (a) or | ||||||
23 | (e)
of this subsection shall be conducted according to the | ||||||
24 | Board's
procedures for adjudicatory hearings and the Board | ||||||
25 | shall render its
decision within 120 days of the filing of | ||||||
26 | the petition. Any such decision
shall be subject to review |
| |||||||
| |||||||
1 | pursuant to Section 41 of this Act. Where
USEPA promulgates | ||||||
2 | an applicable emission standard prior to the issuance of
| ||||||
3 | the CAAPP permit, the Agency shall include in the permit | ||||||
4 | the promulgated
standard, provided that the source shall | ||||||
5 | have the compliance period
provided under Section 112(i) of | ||||||
6 | the Clean Air Act. Where USEPA promulgates an
applicable | ||||||
7 | standard subsequent to the issuance of the CAAPP permit, | ||||||
8 | the Agency
shall revise such permit upon the next renewal | ||||||
9 | to reflect the promulgated
standard, providing a | ||||||
10 | reasonable time for the applicable source to comply with
| ||||||
11 | the standard, but no longer than 8 years after the date on | ||||||
12 | which the source is
first required to comply with the | ||||||
13 | emissions limitation established under this
subsection.
| ||||||
14 | c. The Agency shall have the authority to implement and | ||||||
15 | enforce complete
or partial emission standards promulgated | ||||||
16 | by USEPA pursuant to Section 112(d),
and standards | ||||||
17 | promulgated by USEPA pursuant to Sections 112(f), 112(h), | ||||||
18 | 112(m),
and 112(n), and may accept delegation of authority | ||||||
19 | from USEPA to implement and
enforce Section 112(l) and | ||||||
20 | requirements for the prevention and detection of
| ||||||
21 | accidental releases pursuant to Section 112(r) of the Clean | ||||||
22 | Air Act.
| ||||||
23 | d. The Agency shall have the authority to issue permits | ||||||
24 | pursuant to
Section 112(i)(5) of the Clean Air Act.
| ||||||
25 | e. The Agency has the authority to implement Section | ||||||
26 | 112(g) of
the Clean Air Act consistent with the Clean Air |
| |||||||
| |||||||
1 | Act and federal regulations
promulgated thereunder. If the | ||||||
2 | Agency refuses to include the emission
limitations | ||||||
3 | proposed in an application submitted by an owner or | ||||||
4 | operator for a
case-by-case maximum achievable control | ||||||
5 | technology (MACT) determination, the
owner or operator may | ||||||
6 | petition the Board to determine whether the emission
| ||||||
7 | limitation proposed by the owner or operator or an | ||||||
8 | alternative emission
limitation proposed by the Agency | ||||||
9 | provides for a level of control required by
Section 112 of | ||||||
10 | the Clean Air Act, or to otherwise establish an appropriate
| ||||||
11 | emission limitation under Section 112 of the Clean Air Act.
| ||||||
12 | 20. Small Business.
| ||||||
13 | a. For purposes of this subsection:
| ||||||
14 | "Program" is the Small Business Stationary Source | ||||||
15 | Technical and
Environmental Compliance Assistance Program | ||||||
16 | created within this State pursuant
to Section 507 of the | ||||||
17 | Clean Air Act and guidance promulgated thereunder, to
| ||||||
18 | provide technical assistance and compliance information to | ||||||
19 | small business
stationary sources;
| ||||||
20 | "Small Business Assistance Program" is a component of | ||||||
21 | the Program
responsible for providing sufficient | ||||||
22 | communications with small businesses
through the | ||||||
23 | collection and dissemination of information to small | ||||||
24 | business
stationary sources; and
| ||||||
25 | "Small Business Stationary Source" means a stationary |
| |||||||
| |||||||
1 | source that:
| ||||||
2 | 1. is owned or operated by a person that employs | ||||||
3 | 100 or fewer
individuals;
| ||||||
4 | 2. is a small business concern as defined in the | ||||||
5 | "Small Business Act";
| ||||||
6 | 3. is not a major source as that term is defined in | ||||||
7 | subsection 2 of this
Section;
| ||||||
8 | 4. does not emit 50 tons or more per year of any | ||||||
9 | regulated air
pollutant; and
| ||||||
10 | 5. emits less than 75 tons per year of all | ||||||
11 | regulated pollutants.
| ||||||
12 | b. The Agency shall adopt and submit to USEPA, after | ||||||
13 | reasonable notice and
opportunity for public comment, as a | ||||||
14 | revision to the Illinois state
implementation plan, plans | ||||||
15 | for establishing the Program.
| ||||||
16 | c. The Agency shall have the authority to enter into | ||||||
17 | such contracts
and agreements as the Agency deems necessary | ||||||
18 | to carry out the purposes of
this subsection.
| ||||||
19 | d. The Agency may establish such procedures as it may | ||||||
20 | deem necessary
for the purposes of implementing and | ||||||
21 | executing its responsibilities under
this subsection.
| ||||||
22 | e. There shall be appointed a Small Business Ombudsman | ||||||
23 | (hereinafter in
this subsection referred to as | ||||||
24 | "Ombudsman") to monitor the Small Business
Assistance | ||||||
25 | Program. The Ombudsman shall be a nonpartisan designated | ||||||
26 | official,
with the ability to independently assess whether |
| |||||||
| |||||||
1 | the goals of the Program are
being met.
| ||||||
2 | f. The State Ombudsman Office shall be located in an | ||||||
3 | existing Ombudsman
office within the State or in any State | ||||||
4 | Department.
| ||||||
5 | g. There is hereby created a State Compliance Advisory | ||||||
6 | Panel (hereinafter
in this subsection referred to as | ||||||
7 | "Panel") for determining the overall
effectiveness of the | ||||||
8 | Small Business Assistance Program within this State.
| ||||||
9 | h. The selection of Panel members shall be by the | ||||||
10 | following method:
| ||||||
11 | 1. The Governor shall select two members who are | ||||||
12 | not owners or
representatives of owners of small | ||||||
13 | business stationary sources to represent the
general | ||||||
14 | public;
| ||||||
15 | 2. The Director of the Agency shall select one | ||||||
16 | member to represent the
Agency; and
| ||||||
17 | 3. The State Legislature shall select four members | ||||||
18 | who are owners or
representatives of owners of small | ||||||
19 | business stationary sources. Both the
majority and | ||||||
20 | minority leadership in both Houses of the Legislature | ||||||
21 | shall
appoint one member of the panel.
| ||||||
22 | i. Panel members should serve without compensation but | ||||||
23 | will receive full
reimbursement for expenses including | ||||||
24 | travel and per diem as authorized within
this State.
| ||||||
25 | j. The Panel shall select its own Chair by a majority | ||||||
26 | vote. The Chair may
meet and consult with the Ombudsman and |
| |||||||
| |||||||
1 | the head of the Small Business
Assistance Program in | ||||||
2 | planning the activities for the Panel.
| ||||||
3 | 21. Temporary Sources.
| ||||||
4 | a. The Agency may issue a single permit authorizing | ||||||
5 | emissions from similar
operations by the same source owner | ||||||
6 | or operator at multiple temporary
locations, except for | ||||||
7 | sources which are affected sources for acid deposition
| ||||||
8 | under Title IV of the Clean Air Act.
| ||||||
9 | b. The applicant must demonstrate that the operation is | ||||||
10 | temporary and will
involve at least one change of location | ||||||
11 | during the term of the permit.
| ||||||
12 | c. Any such permit shall meet all applicable | ||||||
13 | requirements of this Section
and applicable regulations, | ||||||
14 | and include conditions assuring compliance with all
| ||||||
15 | applicable requirements at all authorized locations and | ||||||
16 | requirements that the
owner or operator notify the Agency | ||||||
17 | at least 10 days in advance of each change
in location.
| ||||||
18 | 22. Solid Waste Incineration Units.
| ||||||
19 | a. A CAAPP permit for a solid waste incineration unit | ||||||
20 | combusting municipal
waste subject to standards | ||||||
21 | promulgated under Section 129(e) of the Clean Air
Act shall | ||||||
22 | be issued for a period of 12 years and shall be reviewed | ||||||
23 | every 5
years, unless the Agency requires more frequent | ||||||
24 | review through Agency
procedures.
|
| |||||||
| |||||||
1 | b. During the review in paragraph (a) of this | ||||||
2 | subsection, the Agency shall
fully review the previously | ||||||
3 | submitted CAAPP permit application and
corresponding | ||||||
4 | reports subsequently submitted to determine whether the | ||||||
5 | source is
in compliance with all applicable requirements.
| ||||||
6 | c. If the Agency determines that the source is not in | ||||||
7 | compliance with all
applicable requirements it shall | ||||||
8 | revise the CAAPP permit as appropriate.
| ||||||
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 | (Source: P.A. 93-32, eff. 7-1-03; 94-580, eff. 8-12-05.)
|