103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4197

 

Introduced 10/25/2023, by Rep. Sonya M. Harper

 

SYNOPSIS AS INTRODUCED:
 
See Index

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


LRB103 34760 LNS 64610 b

 

 

A BILL FOR

 

HB4197LRB103 34760 LNS 64610 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Environmental Protection Act is amended by
5adding Sections 3.178, 3.186, 3.187, 3.188, 3.189, 3.281,
634.5, 39.15, and 40.4 and by changing Sections 39, 39.2, 39.5,
7and 40 as follows:
 
8    (415 ILCS 5/3.178 new)
9    Sec. 3.178. Cumulative impact. "Cumulative impact" means
10the total burden from chemical and nonchemical stressors and
11their interactions that affect the health, well-being, and
12quality of life of an individual, community, or population at
13a given point of time or over a period of time.
 
14    (415 ILCS 5/3.186 new)
15    Sec. 3.186. Disproportionate harm. "Disproportionate harm"
16means the combination of cumulative impacts, including, but
17not limited to, disproportionately high and adverse human
18health impacts and disproportionately high and adverse
19environmental impacts.
 
20    (415 ILCS 5/3.187 new)
21    Sec. 3.187. Disproportionately high and adverse

 

 

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

 

 

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

 

 

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1    notification of a permit under the federal Clean Air Act;
2    or
3        (2) an R3 Area established under Section 10-40 of the
4    Cannabis Regulation and Tax Act.
 
5    (415 ILCS 5/3.281 new)
6    Sec. 3.281. Linguistically isolated community.
7"Linguistically isolated community" means the population
8within a United States Census Bureau tract comprised of
9individuals at least 20% of whom are age 14 years or older and
10who speak English less than very well, based on data in the
11United States Census Bureau's latest one-year or 5-year
12American Community Survey.
 
13    (415 ILCS 5/34.5 new)
14    Sec. 34.5. Environmentally beneficial project bank.
15    (a) The Agency shall establish and maintain on its website
16a bank of potential environmentally beneficial projects. The
17website must permit members of the public to submit
18suggestions for environmentally beneficial projects. The
19Agency shall assess the submissions for feasibility and
20clarity before inclusion in the bank.
21    (b) A supplemental environmental project is not required
22to be included within the environmentally beneficial project
23bank required under subsection (a) in order to offset a civil
24penalty.
 

 

 

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1    (415 ILCS 5/39)  (from Ch. 111 1/2, par. 1039)
2    Sec. 39. Issuance of permits; procedures.
3    (a) When the Board has by regulation required a permit for
4the construction, installation, or operation of any type of
5facility, equipment, vehicle, vessel, or aircraft, the
6applicant shall apply to the Agency for such permit and it
7shall be the duty of the Agency to issue such a permit upon
8proof by the applicant that the facility, equipment, vehicle,
9vessel, or aircraft will not cause a violation of this Act or
10of regulations hereunder and that denial of the permit is not
11otherwise justified under this Section. The Agency shall adopt
12such procedures as are necessary to carry out its duties under
13this Section. In making its determinations on permit
14applications under this Section the Agency shall may consider
15prior adjudications of noncompliance with this Act by the
16applicant that involved a release of a contaminant into the
17environment. In granting permits, the Agency shall may impose
18reasonable conditions specifically related to the applicant's
19past compliance history with this Act as necessary to correct,
20detect, or prevent noncompliance. The Agency shall may impose
21such other conditions as may be necessary to accomplish the
22purposes of this Act, and as are not inconsistent with the
23regulations promulgated by the Board hereunder. Except as
24otherwise provided in this Act, a bond or other security shall
25not be required as a condition for the issuance of a permit. If

 

 

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1the Agency denies any permit under this Section, the Agency
2shall transmit to the applicant within the time limitations of
3this Section specific, detailed statements as to the reasons
4the permit application was denied. Such statements shall
5include, but not be limited to, the following:
6        (i) the Sections of this Act which may be violated if
7    the permit were granted;
8        (ii) the provision of the regulations, promulgated
9    under this Act, which may be violated if the permit were
10    granted;
11        (iii) the specific type of information, if any, which
12    the Agency deems the applicant did not provide the Agency;
13    and
14        (iv) a statement of specific reasons why the Act and
15    the regulations might not be met if the permit were
16    granted.
17    If there is no final action by the Agency within 90 days
18after the filing of the application for permit, the applicant
19may deem the permit issued; except that this time period shall
20be extended to 180 days when (1) notice and opportunity for
21public hearing are required by State or federal law or
22regulation, (2) the application which was filed is for any
23permit to develop a landfill subject to issuance pursuant to
24this subsection, or (3) the application that was filed is for a
25MSWLF unit required to issue public notice under subsection
26(p) of Section 39. The 90-day and 180-day time periods for the

 

 

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1Agency to take final action do not apply to NPDES permit
2applications under subsection (b) of this Section, to RCRA
3permit applications under subsection (d) of this Section, to
4UIC permit applications under subsection (e) of this Section,
5or to CCR surface impoundment applications under subsection
6(y) of this Section.
7    The Agency shall publish notice of all final permit
8determinations for development permits for MSWLF units and for
9significant permit modifications for lateral expansions for
10existing MSWLF units one time in a newspaper of general
11circulation in the county in which the unit is or is proposed
12to be located.
13    After January 1, 1994 and until July 1, 1998, operating
14permits issued under this Section by the Agency for sources of
15air pollution permitted to emit less than 25 tons per year of
16any combination of regulated air pollutants, as defined in
17Section 39.5 of this Act, shall be required to be renewed only
18upon written request by the Agency consistent with applicable
19provisions of this Act and regulations promulgated hereunder.
20Such operating permits shall expire 180 days after the date of
21such a request. The Board shall revise its regulations for the
22existing State air pollution operating permit program
23consistent with this provision by January 1, 1994.
24    After June 30, 1998, operating permits issued under this
25Section by the Agency for sources of air pollution that are not
26subject to Section 39.5 of this Act and are not required to

 

 

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1have a federally enforceable State operating permit shall be
2required to be renewed only upon written request by the Agency
3consistent with applicable provisions of this Act and its
4rules. Such operating permits shall expire 180 days after the
5date of such a request. Before July 1, 1998, the Board shall
6revise its rules for the existing State air pollution
7operating permit program consistent with this paragraph and
8shall adopt rules that require a source to demonstrate that it
9qualifies for a permit under this paragraph.
10    (b) The Agency may issue NPDES permits exclusively under
11this subsection for the discharge of contaminants from point
12sources into navigable waters, all as defined in the Federal
13Water Pollution Control Act, as now or hereafter amended,
14within the jurisdiction of the State, or into any well.
15    All NPDES permits shall contain those terms and
16conditions, including, but not limited to, schedules of
17compliance, which may be required to accomplish the purposes
18and provisions of this Act.
19    The Agency may issue general NPDES permits for discharges
20from categories of point sources which are subject to the same
21permit limitations and conditions. Such general permits may be
22issued without individual applications and shall conform to
23regulations promulgated under Section 402 of the Federal Water
24Pollution Control Act, as now or hereafter amended.
25    The Agency may include, among such conditions, effluent
26limitations and other requirements established under this Act,

 

 

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1Board regulations, the Federal Water Pollution Control Act, as
2now or hereafter amended, and regulations pursuant thereto,
3and schedules for achieving compliance therewith at the
4earliest reasonable date.
5    The Agency shall adopt filing requirements and procedures
6which are necessary and appropriate for the issuance of NPDES
7permits, and which are consistent with the Act or regulations
8adopted by the Board, and with the Federal Water Pollution
9Control Act, as now or hereafter amended, and regulations
10pursuant thereto.
11    The Agency, subject to any conditions which may be
12prescribed by Board regulations, may issue NPDES permits to
13allow discharges beyond deadlines established by this Act or
14by regulations of the Board without the requirement of a
15variance, subject to the Federal Water Pollution Control Act,
16as now or hereafter amended, and regulations pursuant thereto.
17    (c) Except for those facilities owned or operated by
18sanitary districts organized under the Metropolitan Water
19Reclamation District Act, no permit for the development or
20construction of a new pollution control facility may be
21granted by the Agency unless the applicant submits proof to
22the Agency that the location of the facility has been approved
23by the county board of the county if in an unincorporated area,
24or the governing body of the municipality when in an
25incorporated area, in which the facility is to be located in
26accordance with Section 39.2 of this Act. For purposes of this

 

 

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1subsection (c), and for purposes of Section 39.2 of this Act,
2the appropriate county board or governing body of the
3municipality shall be the county board of the county or the
4governing body of the municipality in which the facility is to
5be located as of the date when the application for siting
6approval is filed.
7    In the event that siting approval granted pursuant to
8Section 39.2 has been transferred to a subsequent owner or
9operator, that subsequent owner or operator may apply to the
10Agency for, and the Agency may grant, a development or
11construction permit for the facility for which local siting
12approval was granted. Upon application to the Agency for a
13development or construction permit by that subsequent owner or
14operator, the permit applicant shall cause written notice of
15the permit application to be served upon the appropriate
16county board or governing body of the municipality that
17granted siting approval for that facility and upon any party
18to the siting proceeding pursuant to which siting approval was
19granted. In that event, the Agency shall conduct an evaluation
20of the subsequent owner or operator's prior experience in
21waste management operations in the manner conducted under
22subsection (i) of Section 39 of this Act.
23    Beginning August 20, 1993, if the pollution control
24facility consists of a hazardous or solid waste disposal
25facility for which the proposed site is located in an
26unincorporated area of a county with a population of less than

 

 

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1100,000 and includes all or a portion of a parcel of land that
2was, on April 1, 1993, adjacent to a municipality having a
3population of less than 5,000, then the local siting review
4required under this subsection (c) in conjunction with any
5permit applied for after that date shall be performed by the
6governing body of that adjacent municipality rather than the
7county board of the county in which the proposed site is
8located; and for the purposes of that local siting review, any
9references in this Act to the county board shall be deemed to
10mean the governing body of that adjacent municipality;
11provided, however, that the provisions of this paragraph shall
12not apply to any proposed site which was, on April 1, 1993,
13owned in whole or in part by another municipality.
14    In the case of a pollution control facility for which a
15development permit was issued before November 12, 1981, if an
16operating permit has not been issued by the Agency prior to
17August 31, 1989 for any portion of the facility, then the
18Agency may not issue or renew any development permit nor issue
19an original operating permit for any portion of such facility
20unless the applicant has submitted proof to the Agency that
21the location of the facility has been approved by the
22appropriate county board or municipal governing body pursuant
23to Section 39.2 of this Act.
24    After January 1, 1994, if a solid waste disposal facility,
25any portion for which an operating permit has been issued by
26the Agency, has not accepted waste disposal for 5 or more

 

 

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

 

 

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1located, or within the nearest community if the proposed
2facility is to be located within an unincorporated area, at
3which information concerning the proposed facility shall be
4made available to the public, and members of the public shall
5be given the opportunity to express their views concerning the
6proposed facility.
7    The Agency may issue a permit for a municipal waste
8transfer station without requiring approval pursuant to
9Section 39.2 provided that the following demonstration is
10made:
11        (1) the municipal waste transfer station was in
12    existence on or before January 1, 1979 and was in
13    continuous operation from January 1, 1979 to January 1,
14    1993;
15        (2) the operator submitted a permit application to the
16    Agency to develop and operate the municipal waste transfer
17    station during April of 1994;
18        (3) the operator can demonstrate that the county board
19    of the county, if the municipal waste transfer station is
20    in an unincorporated area, or the governing body of the
21    municipality, if the station is in an incorporated area,
22    does not object to resumption of the operation of the
23    station; and
24        (4) the site has local zoning approval.
25    The Agency shall not issue any of the following
26construction permits unless the applicant for the permit

 

 

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1submits proof to the Agency that the location of the source has
2been approved under Section 39.2 by the county board of the
3county, if in an unincorporated area, or the governing body of
4a municipality, if in an incorporated area: (i) a construction
5permit for a new or modified source that is to be located in an
6environmental justice community, that will require a CAAPP
7permit or a federally enforceable State operating permit, and
8that would be authorized under that permit to increase annual
9permitted emissions; (ii) a construction permit for any new or
10modified source that is located in an environmental justice
11community, that, on the effective date of this amendatory Act
12of the 103rd General Assembly, possesses a CAAPP permit or
13federally enforceable State operating permit, and that would
14be authorized under that permit to increase annual permitted
15emissions; or (iii) a construction permit for any existing
16source that is located in an environmental justice community,
17that would require a new CAAPP permit or new federally
18enforceable State operating permit for the first time, and
19that would be authorized under that permit to increase annual
20permitted emissions. For purposes of this subsection (c), and
21for purposes of Section 39.2, the appropriate county board or
22governing body of the municipality shall be the county board
23of the county or the governing body of the municipality in
24which the source is to be located on the date when the
25application for siting approval is filed. The provisions added
26to this subsection (c) by this amendatory Act of the 103rd

 

 

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1General Assembly do not apply to permits for modifications or
2expansions at existing federally enforceable State operating
3permit or CAAPP sources unless the modification will result in
4an increase in the hourly rate of emissions or the total annual
5emissions of any air pollutant.
6    (d) The Agency may issue RCRA permits exclusively under
7this subsection to persons owning or operating a facility for
8the treatment, storage, or disposal of hazardous waste as
9defined under this Act. Subsection (y) of this Section, rather
10than this subsection (d), shall apply to permits issued for
11CCR surface impoundments.
12    All RCRA permits shall contain those terms and conditions,
13including, but not limited to, schedules of compliance, which
14may be required to accomplish the purposes and provisions of
15this Act. The Agency may include among such conditions
16standards and other requirements established under this Act,
17Board regulations, the Resource Conservation and Recovery Act
18of 1976 (P.L. 94-580), as amended, and regulations pursuant
19thereto, and may include schedules for achieving compliance
20therewith as soon as possible. The Agency shall require that a
21performance bond or other security be provided as a condition
22for the issuance of a RCRA permit.
23    In the case of a permit to operate a hazardous waste or PCB
24incinerator as defined in subsection (k) of Section 44, the
25Agency shall require, as a condition of the permit, that the
26operator of the facility perform such analyses of the waste to

 

 

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1be incinerated as may be necessary and appropriate to ensure
2the safe operation of the incinerator.
3    The Agency shall adopt filing requirements and procedures
4which are necessary and appropriate for the issuance of RCRA
5permits, and which are consistent with the Act or regulations
6adopted by the Board, and with the Resource Conservation and
7Recovery Act of 1976 (P.L. 94-580), as amended, and
8regulations pursuant thereto.
9    The applicant shall make available to the public for
10inspection all documents submitted by the applicant to the
11Agency in furtherance of an application, with the exception of
12trade secrets, at the office of the county board or governing
13body of the municipality. Such documents may be copied upon
14payment of the actual cost of reproduction during regular
15business hours of the local office. The Agency shall issue a
16written statement concurrent with its grant or denial of the
17permit explaining the basis for its decision.
18    (e) The Agency may issue UIC permits exclusively under
19this subsection to persons owning or operating a facility for
20the underground injection of contaminants as defined under
21this Act.
22    All UIC permits shall contain those terms and conditions,
23including, but not limited to, schedules of compliance, which
24may be required to accomplish the purposes and provisions of
25this Act. The Agency may include among such conditions
26standards and other requirements established under this Act,

 

 

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1Board regulations, the Safe Drinking Water Act (P.L. 93-523),
2as amended, and regulations pursuant thereto, and may include
3schedules for achieving compliance therewith. The Agency shall
4require that a performance bond or other security be provided
5as a condition for the issuance of a UIC permit.
6    The Agency shall adopt filing requirements and procedures
7which are necessary and appropriate for the issuance of UIC
8permits, and which are consistent with the Act or regulations
9adopted by the Board, and with the Safe Drinking Water Act
10(P.L. 93-523), as amended, and regulations pursuant thereto.
11    The applicant shall make available to the public for
12inspection all documents submitted by the applicant to the
13Agency in furtherance of an application, with the exception of
14trade secrets, at the office of the county board or governing
15body of the municipality. Such documents may be copied upon
16payment of the actual cost of reproduction during regular
17business hours of the local office. The Agency shall issue a
18written statement concurrent with its grant or denial of the
19permit explaining the basis for its decision.
20    (f) In making any determination pursuant to Section 9.1 of
21this Act:
22        (1) The Agency shall have authority to make the
23    determination of any question required to be determined by
24    the Clean Air Act, as now or hereafter amended, this Act,
25    or the regulations of the Board, including the
26    determination of the Lowest Achievable Emission Rate,

 

 

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1    Maximum Achievable Control Technology, or Best Available
2    Control Technology, consistent with the Board's
3    regulations, if any.
4        (2) The Agency shall adopt requirements as necessary
5    to implement public participation procedures, including,
6    but not limited to, public notice, comment, and an
7    opportunity for hearing, which must accompany the
8    processing of applications for PSD permits. The Agency
9    shall briefly describe and respond to all significant
10    comments on the draft permit raised during the public
11    comment period or during any hearing. The Agency may group
12    related comments together and provide one unified response
13    for each issue raised.
14        (3) Any complete permit application submitted to the
15    Agency under this subsection for a PSD permit shall be
16    granted or denied by the Agency not later than one year
17    after the filing of such completed application.
18        (4) The Agency shall, after conferring with the
19    applicant, give written notice to the applicant of its
20    proposed decision on the application, including the terms
21    and conditions of the permit to be issued and the facts,
22    conduct, or other basis upon which the Agency will rely to
23    support its proposed action.
24    (g) The Agency shall include as conditions upon all
25permits issued for hazardous waste disposal sites such
26restrictions upon the future use of such sites as are

 

 

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1reasonably necessary to protect public health and the
2environment, including permanent prohibition of the use of
3such sites for purposes which may create an unreasonable risk
4of injury to human health or to the environment. After
5administrative and judicial challenges to such restrictions
6have been exhausted, the Agency shall file such restrictions
7of record in the Office of the Recorder of the county in which
8the hazardous waste disposal site is located.
9    (h) A hazardous waste stream may not be deposited in a
10permitted hazardous waste site unless specific authorization
11is obtained from the Agency by the generator and disposal site
12owner and operator for the deposit of that specific hazardous
13waste stream. The Agency may grant specific authorization for
14disposal of hazardous waste streams only after the generator
15has reasonably demonstrated that, considering technological
16feasibility and economic reasonableness, the hazardous waste
17cannot be reasonably recycled for reuse, nor incinerated or
18chemically, physically, or biologically treated so as to
19neutralize the hazardous waste and render it nonhazardous. In
20granting authorization under this Section, the Agency may
21impose such conditions as may be necessary to accomplish the
22purposes of the Act and are consistent with this Act and
23regulations promulgated by the Board hereunder. If the Agency
24refuses to grant authorization under this Section, the
25applicant may appeal as if the Agency refused to grant a
26permit, pursuant to the provisions of subsection (a) of

 

 

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1Section 40 of this Act. For purposes of this subsection (h),
2the term "generator" has the meaning given in Section 3.205 of
3this Act, unless: (1) the hazardous waste is treated,
4incinerated, or partially recycled for reuse prior to
5disposal, in which case the last person who treats,
6incinerates, or partially recycles the hazardous waste prior
7to disposal is the generator; or (2) the hazardous waste is
8from a response action, in which case the person performing
9the response action is the generator. This subsection (h) does
10not apply to any hazardous waste that is restricted from land
11disposal under 35 Ill. Adm. Code 728.
12    (i) Before issuing any RCRA permit, any permit for a waste
13storage site, sanitary landfill, waste disposal site, waste
14transfer station, waste treatment facility, waste incinerator,
15or any waste-transportation operation, any permit or interim
16authorization for a clean construction or demolition debris
17fill operation, or any permit required under subsection (d-5)
18of Section 55, the Agency shall conduct an evaluation of the
19prospective owner's or operator's prior experience in waste
20management operations, clean construction or demolition debris
21fill operations, and tire storage site management. The Agency
22may deny such a permit, or deny or revoke interim
23authorization, if the prospective owner or operator or any
24employee or officer of the prospective owner or operator has a
25history of:
26        (1) repeated violations of federal, State, or local

 

 

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1    laws, regulations, standards, or ordinances in the
2    operation of waste management facilities or sites, clean
3    construction or demolition debris fill operation
4    facilities or sites, or tire storage sites; or
5        (2) conviction in this or another State of any crime
6    which is a felony under the laws of this State, or
7    conviction of a felony in a federal court; or conviction
8    in this or another state or federal court of any of the
9    following crimes: forgery, official misconduct, bribery,
10    perjury, or knowingly submitting false information under
11    any environmental law, regulation, or permit term or
12    condition; or
13        (3) proof of gross carelessness or incompetence in
14    handling, storing, processing, transporting, or disposing
15    of waste, clean construction or demolition debris, or used
16    or waste tires, or proof of gross carelessness or
17    incompetence in using clean construction or demolition
18    debris as fill.
19    (i-5) Before issuing any permit or approving any interim
20authorization for a clean construction or demolition debris
21fill operation in which any ownership interest is transferred
22between January 1, 2005, and the effective date of the
23prohibition set forth in Section 22.52 of this Act, the Agency
24shall conduct an evaluation of the operation if any previous
25activities at the site or facility may have caused or allowed
26contamination of the site. It shall be the responsibility of

 

 

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1the owner or operator seeking the permit or interim
2authorization to provide to the Agency all of the information
3necessary for the Agency to conduct its evaluation. The Agency
4may deny a permit or interim authorization if previous
5activities at the site may have caused or allowed
6contamination at the site, unless such contamination is
7authorized under any permit issued by the Agency.
8    (j) The issuance under this Act of a permit to engage in
9the surface mining of any resources other than fossil fuels
10shall not relieve the permittee from its duty to comply with
11any applicable local law regulating the commencement,
12location, or operation of surface mining facilities.
13    (k) A development permit issued under subsection (a) of
14Section 39 for any facility or site which is required to have a
15permit under subsection (d) of Section 21 shall expire at the
16end of 2 calendar years from the date upon which it was issued,
17unless within that period the applicant has taken action to
18develop the facility or the site. In the event that review of
19the conditions of the development permit is sought pursuant to
20Section 40 or 41, or permittee is prevented from commencing
21development of the facility or site by any other litigation
22beyond the permittee's control, such two-year period shall be
23deemed to begin on the date upon which such review process or
24litigation is concluded.
25    (l) No permit shall be issued by the Agency under this Act
26for construction or operation of any facility or site located

 

 

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1within the boundaries of any setback zone established pursuant
2to this Act, where such construction or operation is
3prohibited.
4    (m) The Agency may issue permits to persons owning or
5operating a facility for composting landscape waste. In
6granting such permits, the Agency may impose such conditions
7as may be necessary to accomplish the purposes of this Act, and
8as are not inconsistent with applicable regulations
9promulgated by the Board. Except as otherwise provided in this
10Act, a bond or other security shall not be required as a
11condition for the issuance of a permit. If the Agency denies
12any permit pursuant to this subsection, the Agency shall
13transmit to the applicant within the time limitations of this
14subsection specific, detailed statements as to the reasons the
15permit application was denied. Such statements shall include
16but not be limited to the following:
17        (1) the Sections of this Act that may be violated if
18    the permit were granted;
19        (2) the specific regulations promulgated pursuant to
20    this Act that may be violated if the permit were granted;
21        (3) the specific information, if any, the Agency deems
22    the applicant did not provide in its application to the
23    Agency; and
24        (4) a statement of specific reasons why the Act and
25    the regulations might be violated if the permit were
26    granted.

 

 

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1    If no final action is taken by the Agency within 90 days
2after the filing of the application for permit, the applicant
3may deem the permit issued. Any applicant for a permit may
4waive the 90-day limitation by filing a written statement with
5the Agency.
6    The Agency shall issue permits for such facilities upon
7receipt of an application that includes a legal description of
8the site, a topographic map of the site drawn to the scale of
9200 feet to the inch or larger, a description of the operation,
10including the area served, an estimate of the volume of
11materials to be processed, and documentation that:
12        (1) the facility includes a setback of at least 200
13    feet from the nearest potable water supply well;
14        (2) the facility is located outside the boundary of
15    the 10-year floodplain or the site will be floodproofed;
16        (3) the facility is located so as to minimize
17    incompatibility with the character of the surrounding
18    area, including at least a 200 foot setback from any
19    residence, and in the case of a facility that is developed
20    or the permitted composting area of which is expanded
21    after November 17, 1991, the composting area is located at
22    least 1/8 mile from the nearest residence (other than a
23    residence located on the same property as the facility);
24        (4) the design of the facility will prevent any
25    compost material from being placed within 5 feet of the
26    water table, will adequately control runoff from the site,

 

 

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1    and will collect and manage any leachate that is generated
2    on the site;
3        (5) the operation of the facility will include
4    appropriate dust and odor control measures, limitations on
5    operating hours, appropriate noise control measures for
6    shredding, chipping and similar equipment, management
7    procedures for composting, containment and disposal of
8    non-compostable wastes, procedures to be used for
9    terminating operations at the site, and recordkeeping
10    sufficient to document the amount of materials received,
11    composted, and otherwise disposed of; and
12        (6) the operation will be conducted in accordance with
13    any applicable rules adopted by the Board.
14    The Agency shall issue renewable permits of not longer
15than 10 years in duration for the composting of landscape
16wastes, as defined in Section 3.155 of this Act, based on the
17above requirements.
18    The operator of any facility permitted under this
19subsection (m) must submit a written annual statement to the
20Agency on or before April 1 of each year that includes an
21estimate of the amount of material, in tons, received for
22composting.
23    (n) The Agency shall issue permits jointly with the
24Department of Transportation for the dredging or deposit of
25material in Lake Michigan in accordance with Section 18 of the
26Rivers, Lakes, and Streams Act.

 

 

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1    (o) (Blank).
2    (p) (1) Any person submitting an application for a permit
3for a new MSWLF unit or for a lateral expansion under
4subsection (t) of Section 21 of this Act for an existing MSWLF
5unit that has not received and is not subject to local siting
6approval under Section 39.2 of this Act shall publish notice
7of the application in a newspaper of general circulation in
8the county in which the MSWLF unit is or is proposed to be
9located. The notice must be published at least 15 days before
10submission of the permit application to the Agency. The notice
11shall state the name and address of the applicant, the
12location of the MSWLF unit or proposed MSWLF unit, the nature
13and size of the MSWLF unit or proposed MSWLF unit, the nature
14of the activity proposed, the probable life of the proposed
15activity, the date the permit application will be submitted,
16and a statement that persons may file written comments with
17the Agency concerning the permit application within 30 days
18after the filing of the permit application unless the time
19period to submit comments is extended by the Agency.
20    When a permit applicant submits information to the Agency
21to supplement a permit application being reviewed by the
22Agency, the applicant shall not be required to reissue the
23notice under this subsection.
24    (2) The Agency shall accept written comments concerning
25the permit application that are postmarked no later than 30
26days after the filing of the permit application, unless the

 

 

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1time period to accept comments is extended by the Agency.
2    (3) Each applicant for a permit described in part (1) of
3this subsection shall file a copy of the permit application
4with the county board or governing body of the municipality in
5which the MSWLF unit is or is proposed to be located at the
6same time the application is submitted to the Agency. The
7permit application filed with the county board or governing
8body of the municipality shall include all documents submitted
9to or to be submitted to the Agency, except trade secrets as
10determined under Section 7.1 of this Act. The permit
11application and other documents on file with the county board
12or governing body of the municipality shall be made available
13for public inspection during regular business hours at the
14office of the county board or the governing body of the
15municipality and may be copied upon payment of the actual cost
16of reproduction.
17    (q) Within 6 months after July 12, 2011 (the effective
18date of Public Act 97-95), the Agency, in consultation with
19the regulated community, shall develop a web portal to be
20posted on its website for the purpose of enhancing review and
21promoting timely issuance of permits required by this Act. At
22a minimum, the Agency shall make the following information
23available on the web portal:
24        (1) Checklists and guidance relating to the completion
25    of permit applications, developed pursuant to subsection
26    (s) of this Section, which may include, but are not

 

 

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1    limited to, existing instructions for completing the
2    applications and examples of complete applications. As the
3    Agency develops new checklists and develops guidance, it
4    shall supplement the web portal with those materials.
5        (2) Within 2 years after July 12, 2011 (the effective
6    date of Public Act 97-95), permit application forms or
7    portions of permit applications that can be completed and
8    saved electronically, and submitted to the Agency
9    electronically with digital signatures.
10        (3) Within 2 years after July 12, 2011 (the effective
11    date of Public Act 97-95), an online tracking system where
12    an applicant may review the status of its pending
13    application, including the name and contact information of
14    the permit analyst assigned to the application. Until the
15    online tracking system has been developed, the Agency
16    shall post on its website semi-annual permitting
17    efficiency tracking reports that include statistics on the
18    timeframes for Agency action on the following types of
19    permits received after July 12, 2011 (the effective date
20    of Public Act 97-95): air construction permits, new NPDES
21    permits and associated water construction permits, and
22    modifications of major NPDES permits and associated water
23    construction permits. The reports must be posted by
24    February 1 and August 1 each year and shall include:
25            (A) the number of applications received for each
26        type of permit, the number of applications on which

 

 

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1        the Agency has taken action, and the number of
2        applications still pending; and
3            (B) for those applications where the Agency has
4        not taken action in accordance with the timeframes set
5        forth in this Act, the date the application was
6        received and the reasons for any delays, which may
7        include, but shall not be limited to, (i) the
8        application being inadequate or incomplete, (ii)
9        scientific or technical disagreements with the
10        applicant, USEPA, or other local, state, or federal
11        agencies involved in the permitting approval process,
12        (iii) public opposition to the permit, or (iv) Agency
13        staffing shortages. To the extent practicable, the
14        tracking report shall provide approximate dates when
15        cause for delay was identified by the Agency, when the
16        Agency informed the applicant of the problem leading
17        to the delay, and when the applicant remedied the
18        reason for the delay.
19    (r) Upon the request of the applicant, the Agency shall
20notify the applicant of the permit analyst assigned to the
21application upon its receipt.
22    (s) The Agency is authorized to prepare and distribute
23guidance documents relating to its administration of this
24Section and procedural rules implementing this Section.
25Guidance documents prepared under this subsection shall not be
26considered rules and shall not be subject to the Illinois

 

 

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1Administrative Procedure Act. Such guidance shall not be
2binding on any party.
3    (t) Except as otherwise prohibited by federal law or
4regulation, any person submitting an application for a permit
5may include with the application suggested permit language for
6Agency consideration. The Agency is not obligated to use the
7suggested language or any portion thereof in its permitting
8decision. If requested by the permit applicant, the Agency
9shall meet with the applicant to discuss the suggested
10language.
11    (u) If requested by the permit applicant, the Agency shall
12provide the permit applicant with a copy of the draft permit
13prior to any public review period.
14    (v) If requested by the permit applicant, the Agency shall
15provide the permit applicant with a copy of the final permit
16prior to its issuance.
17    (w) An air pollution permit shall not be required due to
18emissions of greenhouse gases, as specified by Section 9.15 of
19this Act.
20    (x) If, before the expiration of a State operating permit
21that is issued pursuant to subsection (a) of this Section and
22contains federally enforceable conditions limiting the
23potential to emit of the source to a level below the major
24source threshold for that source so as to exclude the source
25from the Clean Air Act Permit Program, the Agency receives a
26complete application for the renewal of that permit, then all

 

 

HB4197- 31 -LRB103 34760 LNS 64610 b

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

 

 

HB4197- 32 -LRB103 34760 LNS 64610 b

1        with Section 9.1 of this Act;
2            (iii) a lifetime State operating permit or a
3        federally enforceable State operating permit, in
4        accordance with subsection (a) of this Section; or
5            (iv) a CAAPP permit, in accordance with Section
6        39.5 of this Act.
7    All CCR surface impoundment permits shall contain those
8terms and conditions, including, but not limited to, schedules
9of compliance, which may be required to accomplish the
10purposes and provisions of this Act, Board regulations, the
11Illinois Groundwater Protection Act and regulations pursuant
12thereto, and the Resource Conservation and Recovery Act and
13regulations pursuant thereto, and may include schedules for
14achieving compliance therewith as soon as possible.
15    The Board shall adopt filing requirements and procedures
16that are necessary and appropriate for the issuance of CCR
17surface impoundment permits and that are consistent with this
18Act or regulations adopted by the Board, and with the RCRA, as
19amended, and regulations pursuant thereto.
20    The applicant shall make available to the public for
21inspection all documents submitted by the applicant to the
22Agency in furtherance of an application, with the exception of
23trade secrets, on its public internet website as well as at the
24office of the county board or governing body of the
25municipality where CCR from the CCR surface impoundment will
26be permanently disposed. Such documents may be copied upon

 

 

HB4197- 33 -LRB103 34760 LNS 64610 b

1payment of the actual cost of reproduction during regular
2business hours of the local office.
3    The Agency shall issue a written statement concurrent with
4its grant or denial of the permit explaining the basis for its
5decision.
6    (aa) The Agency shall not issue any of the following
7construction permits unless the applicant for the permit
8submits to the Agency with its permit application proof that
9the permit applicant has conducted a public meeting pursuant
10to this subsection (aa) and submitted an environmental justice
11assessment pursuant to subsection (bb): (i) a construction
12permit for a new source that is to be located in an
13environmental justice community, that will require a CAAPP
14permit or a federally enforceable State operating permit, and
15that would be authorized under that permit to increase annual
16permitted emissions; (ii) a construction permit for any
17existing source that is located in an environmental justice
18community, that, on the effective date of this amendatory Act
19of the 103rd General Assembly, possesses a CAAPP permit or
20federally enforceable State operating permit, and that would
21be authorized under that permit to increase annual permitted
22emissions; or (iii) a construction permit for any existing
23source that is located in an environmental justice community,
24that would require a new CAAPP permit or new federally
25enforceable State operating permit for the first time, and
26that would be authorized under that permit to increase annual

 

 

HB4197- 34 -LRB103 34760 LNS 64610 b

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

 

 

HB4197- 35 -LRB103 34760 LNS 64610 b

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

 

 

HB4197- 36 -LRB103 34760 LNS 64610 b

1summary of the environmental justice assessment required under
2subsection (bb).
3    The applicant must accept written public comments from the
4date public notice of the meeting is provided until at least 30
5days after the date of the public meeting.
6    The applicant must provide with its permit application a
7copy of the meeting notice and a certification, under penalty
8of law, signed by a responsible official for the permit
9applicant attesting (i) to the fact that a public meeting was
10held, (ii) to the information that was provided by the
11applicant at the public meeting, and (iii) that the applicant
12collected written comments and transcribed oral public
13comments in accordance with the requirements of this
14subsection (aa).
15    The failure of the applicant to comply with the express
16procedural requirements under this subsection (aa) shall
17result in denial of a permit application submitted to the
18Agency.
19    The Agency may propose and the Board may adopt rules
20regarding the implementation of this subsection (aa).
21    (bb) The Agency shall not issue any of the construction
22permits described in subsection (aa) unless the applicant for
23the permit submits to the Agency with its permit application
24proof that the permit applicant has conducted an environmental
25justice assessment for the proposed project. The environmental
26justice assessment shall consist of the following:

 

 

HB4197- 37 -LRB103 34760 LNS 64610 b

1        (1) Air dispersion modeling examining the air
2    quality-related impacts from the proposed project in
3    combination with existing mobile and stationary air
4    pollutant emitting sources.
5        The air dispersion modeling must address emissions
6    associated with issuance of the permit.
7        If the air dispersion modeling reveals estimated
8    off-site impacts from the proposed project, the applicant
9    shall also identify efforts that will be undertaken by the
10    applicant during the construction or operation of the new
11    source to mitigate such impacts.
12        (2) A modeling protocol submitted to the Agency for
13    review and consideration prior to performance of the air
14    dispersion modeling. The modeling protocol shall include
15    analyses sufficient to evaluate short-term impacts to air
16    quality and impacts to air quality from nonstandard
17    operating conditions, such as worst-case emission
18    estimates under a variety of weather and atmospheric
19    conditions and emissions associated with startup,
20    shutdown, maintenance, and outages. Any Agency
21    recommendations for revisions to the modeling protocol
22    shall be provided in writing to the applicant within 120
23    days after receipt of the modeling protocol. The modeling
24    shall be performed using accepted USEPA methodologies.
25        (3) An environmental impact review evaluating the
26    direct, indirect, and cumulative environmental impacts

 

 

HB4197- 38 -LRB103 34760 LNS 64610 b

1    within the environmental justice community that are
2    associated with the proposed project. The environmental
3    impact review shall include, but shall not be limited to,
4    the following:
5            (A) a qualitative and quantitative assessment of
6        emissions-related impacts of the project on the area,
7        including an estimate of the maximum allowable
8        emissions of criteria pollutants and hazardous air
9        pollutants from the source; and
10            (B) an assessment of the health-based indicators
11        for inhalation exposure, including, but not limited
12        to, impacts to the respiratory, hematological,
13        neurological, cardiovascular, renal, and hepatic
14        systems and cancer rates.
15    The environmental justice assessment must be completed by
16an independent third party.
17    If the environmental justice assessment shows that the
18proposed project will cause harm to the environment or public
19health, the Agency shall impose conditions in the permit that
20will mitigate such harm, or it shall deny the permit if such
21harm is unavoidable and causes or contributes to
22disproportionate harm.
23    The Agency shall propose and the Board shall adopt rules
24regarding the implementation of this subsection (bb),
25including, at a minimum, the type and nature of air dispersion
26modeling, the contents of the modeling protocol and

 

 

HB4197- 39 -LRB103 34760 LNS 64610 b

1environmental impact review, and a description of harm and
2disproportionate harm that may be evidenced by the
3environmental justice assessment.
4    (cc) The Agency shall not issue any of the following
5construction permits unless the Agency conducts an evaluation
6of the prospective owner's or operator's prior experience in
7owning and operating sources of air pollution: (i) a
8construction permit for a new source that is to be located in
9an environmental justice community, that will require a CAAPP
10permit or a federally enforceable State operating permit, and
11that would be authorized under that permit to increase annual
12permitted emissions; (ii) a construction permit for any
13existing source that is located in an environmental justice
14community, that, on the effective date of this amendatory Act
15of the 103rd General Assembly, possesses a CAAPP permit or
16federally enforceable State operating permit, and that would
17be authorized under that permit to increase annual permitted
18emissions; or (iii) a construction permit for any existing
19source that is located in an environmental justice community,
20that would require a new CAAPP permit or new federally
21enforceable State operating permit for the first time, and
22that would be authorized under that permit to increase annual
23permitted emissions. The Agency may deny the permit if the
24prospective owner or operator or any employee or officer of
25the prospective owner or operator or any board member has a
26history of:

 

 

HB4197- 40 -LRB103 34760 LNS 64610 b

1        (1) repeated violations of federal, State, or local
2    laws, rules, regulations, standards, or ordinances in the
3    ownership or operation of sources of air pollution;
4        (2) conviction in this State, another state, or
5    federal court of knowingly submitting false information
6    under any environmental law, rule, regulation, or permit
7    term or condition; or
8        (3) proof of gross carelessness or incompetence in the
9    ownership or operation of a source of air pollution.
10(Source: P.A. 101-171, eff. 7-30-19; 102-216, eff. 1-1-22;
11102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
12    (415 ILCS 5/39.2)  (from Ch. 111 1/2, par. 1039.2)
13    Sec. 39.2. Local siting review.
14    (a) The county board of the county or the governing body of
15the municipality, as determined by paragraph (c) of Section 39
16of this Act, shall, subject to review, approve or disapprove
17the request for local siting approval for each pollution
18control facility and each of the following construction
19permits: (i) a construction permit for a new source that is to
20be located in an environmental justice community, that will
21require a CAAPP permit or a federally enforceable State
22operating permit, and that would be authorized under that
23permit to increase annual permitted emissions; (ii) a
24construction permit for any existing source that is located in
25an environmental justice community, that, on the effective

 

 

HB4197- 41 -LRB103 34760 LNS 64610 b

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

 

 

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1    sanitary landfill or waste disposal site, the pollution
2    control facility is located outside the boundary of the
3    100-year 100 year flood plain or the site is
4    flood-proofed; (B) for a pollution control facility that
5    is a sanitary landfill or waste disposal site, the
6    pollution control facility is located outside the boundary
7    of the 100-year floodplain, or if the pollution control
8    facility is a facility described in subsection (b)(3) of
9    Section 22.19a, the site is flood-proofed;
10        (v) the plan of operations for the pollution control
11    facility or air pollution source is designed to minimize
12    the danger to the surrounding area from fire, spills, or
13    other operational accidents;
14        (vi) the traffic patterns to or from the pollution
15    control facility or air pollution source are so designed
16    as to minimize the impact on existing traffic flows;
17        (vii) if the pollution control facility will be
18    treating, storing, or disposing of hazardous waste, an
19    emergency response plan exists for the facility which
20    includes notification, containment, and evacuation
21    procedures to be used in case of an accidental release;
22        (viii) if the pollution control facility is to be
23    located in a county where the county board has adopted a
24    solid waste management plan consistent with the planning
25    requirements of the Local Solid Waste Disposal Act or the
26    Solid Waste Planning and Recycling Act, the pollution

 

 

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1    control facility is consistent with that plan; for
2    purposes of this criterion (viii), the "solid waste
3    management plan" means the plan that is in effect as of the
4    date the application for siting approval is filed; and
5        (ix) if the pollution control facility will be located
6    within a regulated recharge area, any applicable
7    requirements specified by the Board for such areas have
8    been met.
9    The county board or the governing body of the municipality
10may also consider as evidence the previous operating
11experience and past record of convictions or admissions of
12violations of the pollution control facility applicant (and
13any subsidiary or parent corporation) in the field of solid
14waste management when considering criteria (ii) and (v) under
15this Section.
16    If the pollution control facility is subject to the
17location restrictions in Section 22.14 of this Act, compliance
18with that Section shall be determined as of the date the
19application for siting approval is filed.
20    (b) No later than 14 days before the date on which the
21county board or governing body of the municipality receives a
22request for site approval, the applicant shall cause written
23notice of such request to be served either in person or by
24registered mail, return receipt requested, on the owners of
25all property within the subject area not solely owned by the
26applicant, and on the owners of all property within 250 feet in

 

 

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1each direction of the lot line of the subject property, said
2owners being such persons or entities which appear from the
3authentic tax records of the county County in which such
4pollution control facility or air pollution source is to be
5located; provided, that the number of all feet occupied by all
6public roads, streets, alleys, and other public ways shall be
7excluded in computing the 250 feet requirement; provided
8further, that in no event shall this requirement exceed 400
9feet, including public streets, alleys, and other public ways.
10    Such written notice shall also be served upon members of
11the General Assembly from the legislative district in which
12the proposed pollution control facility or air pollution
13source is located and shall be published in a newspaper of
14general circulation published in the county in which the site
15is located.
16    Such notice shall state the name and address of the
17applicant, the location of the proposed site, the nature and
18size of the development, the nature of the activity proposed,
19the probable life of the proposed activity, the date when the
20request for site approval will be submitted, and a description
21of the right of persons to comment on such request as hereafter
22provided.
23    (c) An applicant shall file a copy of its request with the
24county board of the county or the governing body of the
25municipality in which the proposed site is located. The
26request shall include (i) the substance of the applicant's

 

 

HB4197- 45 -LRB103 34760 LNS 64610 b

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

 

 

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1contiguous to the proposed site or contiguous to the
2municipality in which the proposed site is to be located, to
3the county board of the county where the proposed site is to be
4located, if the proposed site is located within the boundaries
5of a municipality, and to the Agency. Members or
6representatives of the governing authority of a municipality
7contiguous to the proposed site or contiguous to the
8municipality in which the proposed site is to be located and,
9if the proposed site is located in a municipality, members or
10representatives of the county board of a county in which the
11proposed site is to be located may appear at and participate in
12public hearings held pursuant to this Section. The public
13hearing shall develop a record sufficient to form the basis of
14appeal of the decision in accordance with Section 40.1 of this
15Act. The fact that a member of the county board or governing
16body of the municipality has publicly expressed an opinion on
17an issue related to a site review proceeding shall not
18preclude the member from taking part in the proceeding and
19voting on the issue.
20    (e) Decisions of the county board or governing body of the
21municipality are to be in writing, confirming a public hearing
22was held with testimony from at least one witness presented by
23the applicant, specifying the reasons for the decision, such
24reasons to be in conformance with subsection (a) of this
25Section. In granting approval for a site the county board or
26governing body of the municipality may impose such conditions

 

 

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

 

 

HB4197- 48 -LRB103 34760 LNS 64610 b

1shall be made in the form of a written summary jointly prepared
2and submitted by the county board or governing body of the
3municipality and the siting applicant and shall describe the
4terms and conditions of the oral agreement.
5    (e-5) Siting approval obtained pursuant to this Section is
6transferable and may be transferred to a subsequent owner or
7operator. In the event that siting approval has been
8transferred to a subsequent owner or operator, that subsequent
9owner or operator assumes and takes subject to any and all
10conditions imposed upon the prior owner or operator by the
11county board of the county or governing body of the
12municipality pursuant to subsection (e). However, any such
13conditions imposed pursuant to this Section may be modified by
14agreement between the subsequent owner or operator and the
15appropriate county board or governing body. Further, in the
16event that siting approval obtained pursuant to this Section
17has been transferred to a subsequent owner or operator, that
18subsequent owner or operator assumes all rights and
19obligations and takes the facility subject to any and all
20terms and conditions of any existing host agreement between
21the prior owner or operator and the appropriate county board
22or governing body.
23    (f) A local siting approval granted under this Section
24shall expire at the end of 2 calendar years from the date upon
25which it was granted, unless the local siting approval granted
26under this Section is for a sanitary landfill operation, in

 

 

HB4197- 49 -LRB103 34760 LNS 64610 b

1which case the approval shall expire at the end of 3 calendar
2years from the date upon which it was granted, and unless
3within that period the applicant has made application to the
4Agency for a permit to develop the site. In the event that the
5local siting decision has been appealed, such expiration
6period shall be deemed to begin on the date upon which the
7appeal process is concluded.
8    Except as otherwise provided in this subsection, upon the
9expiration of a development permit under subsection (k) of
10Section 39, any associated local siting approval granted for
11the facility under this Section shall also expire.
12    If a first development permit for a municipal waste
13incineration facility expires under subsection (k) of Section
1439 after September 30, 1989 due to circumstances beyond the
15control of the applicant, any associated local siting approval
16granted for the facility under this Section may be used to
17fulfill the local siting approval requirement upon application
18for a second development permit for the same site, provided
19that the proposal in the new application is materially the
20same, with respect to the criteria in subsection (a) of this
21Section, as the proposal that received the original siting
22approval, and application for the second development permit is
23made before January 1, 1990.
24    (g) The siting approval procedures, criteria and appeal
25procedures provided for in this Act for new pollution control
26facilities shall be the exclusive siting procedures and rules

 

 

HB4197- 50 -LRB103 34760 LNS 64610 b

1and appeal procedures for facilities subject to such
2procedures. Local zoning or other local land use requirements
3shall not be applicable to such siting decisions.
4    (h) Nothing in this Section shall apply to any existing or
5new pollution control facility located within the corporate
6limits of a municipality with a population of over 1,000,000.
7    (i) (Blank.)
8    The Board shall adopt regulations establishing the
9geologic and hydrologic siting criteria necessary to protect
10usable groundwater resources which are to be followed by the
11Agency in its review of permit applications for new pollution
12control facilities. Such regulations, insofar as they apply to
13new pollution control facilities authorized to store, treat or
14dispose of any hazardous waste, shall be at least as stringent
15as the requirements of the Resource Conservation and Recovery
16Act and any State or federal regulations adopted pursuant
17thereto.
18    (j) Any new pollution control facility which has never
19obtained local siting approval under the provisions of this
20Section shall be required to obtain such approval after a
21final decision on an appeal of a permit denial.
22    (k) A county board or governing body of a municipality may
23charge applicants for siting review under this Section a
24reasonable fee to cover the reasonable and necessary costs
25incurred by such county or municipality in the siting review
26process.

 

 

HB4197- 51 -LRB103 34760 LNS 64610 b

1    (l) The governing Authority as determined by subsection
2(c) of Section 39 of this Act may request the Department of
3Transportation to perform traffic impact studies of proposed
4or potential locations for required pollution control
5facilities.
6    (m) An applicant may not file a request for local siting
7approval which is substantially the same as a request which
8was disapproved pursuant to a finding against the applicant
9under any of criteria (i) through (ix) of subsection (a) of
10this Section within the preceding 2 years.
11    (n) In any review proceeding of a decision of the county
12board or governing body of a municipality made pursuant to the
13local siting review process, the petitioner in the review
14proceeding shall pay to the county or municipality the cost of
15preparing and certifying the record of proceedings. Should the
16petitioner in the review proceeding fail to make payment, the
17provisions of Section 3-109 of the Code of Civil Procedure
18shall apply.
19    In the event the petitioner is a citizens' group that
20participated in the siting proceeding and is so located as to
21be affected by the proposed facility, such petitioner shall be
22exempt from paying the costs of preparing and certifying the
23record.
24    (o) Notwithstanding any other provision of this Section, a
25transfer station used exclusively for landscape waste, where
26landscape waste is held no longer than 24 hours from the time

 

 

HB4197- 52 -LRB103 34760 LNS 64610 b

1it was received, is not subject to the requirements of local
2siting approval under this Section, but is subject only to
3local zoning approval.
4    (p) The siting approval procedures, criteria, and appeal
5procedures provided for in this Act for new air pollution
6sources shall be in addition to the applicable local land use
7and zoning standards, procedures, rules, and appeal
8procedures, including separate environmental justice and
9cumulative environmental impact reviews and requirements as
10may be adopted locally. Local zoning or other local land use
11requirements shall continue to be applicable to siting
12decisions for new air pollution sources in addition to the
13siting approval procedures, criteria, and appeal procedures
14provided in this Act.
15(Source: P.A. 100-382, eff. 8-25-17.)
 
16    (415 ILCS 5/39.5)  (from Ch. 111 1/2, par. 1039.5)
17    Sec. 39.5. Clean Air Act Permit Program.
18    1. Definitions. For purposes of this Section:
19    "Administrative permit amendment" means a permit revision
20subject to subsection 13 of this Section.
21    "Affected source for acid deposition" means a source that
22includes one or more affected units under Title IV of the Clean
23Air Act.
24    "Affected States" for purposes of formal distribution of a
25draft CAAPP permit to other States for comments prior to

 

 

HB4197- 53 -LRB103 34760 LNS 64610 b

1issuance, means all States:
2        (1) Whose air quality may be affected by the source
3    covered by the draft permit and that are contiguous to
4    Illinois; or
5        (2) That are within 50 miles of the source.
6    "Affected unit for acid deposition" shall have the meaning
7given to the term "affected unit" in the regulations
8promulgated under Title IV of the Clean Air Act.
9    "Applicable Clean Air Act requirement" means all of the
10following as they apply to emissions units in a source
11(including regulations that have been promulgated or approved
12by USEPA pursuant to the Clean Air Act which directly impose
13requirements upon a source and other such federal requirements
14which have been adopted by the Board. These may include
15requirements and regulations which have future effective
16compliance dates. Requirements and regulations will be exempt
17if USEPA determines that such requirements need not be
18contained in a Title V permit):
19        (1) Any standard or other requirement provided for in
20    the applicable state implementation plan approved or
21    promulgated by USEPA under Title I of the Clean Air Act
22    that implements the relevant requirements of the Clean Air
23    Act, including any revisions to the state Implementation
24    Plan promulgated in 40 CFR Part 52, Subparts A and O and
25    other subparts applicable to Illinois. For purposes of
26    this paragraph (1) of this definition, "any standard or

 

 

HB4197- 54 -LRB103 34760 LNS 64610 b

1    other requirement" means only such standards or
2    requirements directly enforceable against an individual
3    source under the Clean Air Act.
4        (2)(i) Any term or condition of any preconstruction
5        permits issued pursuant to regulations approved or
6        promulgated by USEPA under Title I of the Clean Air
7        Act, including Part C or D of the Clean Air Act.
8            (ii) Any term or condition as required pursuant to
9        Section 39.5 of any federally enforceable State
10        operating permit issued pursuant to regulations
11        approved or promulgated by USEPA under Title I of the
12        Clean Air Act, including Part C or D of the Clean Air
13        Act.
14        (3) Any standard or other requirement under Section
15    111 of the Clean Air Act, including Section 111(d).
16        (4) Any standard or other requirement under Section
17    112 of the Clean Air Act, including any requirement
18    concerning accident prevention under Section 112(r)(7) of
19    the Clean Air Act.
20        (5) Any standard or other requirement of the acid rain
21    program under Title IV of the Clean Air Act or the
22    regulations promulgated thereunder.
23        (6) Any requirements established pursuant to Section
24    504(b) or Section 114(a)(3) of the Clean Air Act.
25        (7) Any standard or other requirement governing solid
26    waste incineration, under Section 129 of the Clean Air

 

 

HB4197- 55 -LRB103 34760 LNS 64610 b

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

 

 

HB4197- 56 -LRB103 34760 LNS 64610 b

1pursuant to Title V of the Clean Air Act.
2    "CAAPP application" means an application for a CAAPP
3permit.
4    "CAAPP Permit" or "permit" (unless the context suggests
5otherwise) means any permit issued, renewed, amended, modified
6or revised pursuant to Title V of the Clean Air Act.
7    "CAAPP source" means any source for which the owner or
8operator is required to obtain a CAAPP permit pursuant to
9subsection 2 of this Section.
10    "Clean Air Act" means the Clean Air Act, as now and
11hereafter amended, 42 U.S.C. 7401, et seq.
12    "Designated representative" has the meaning given to it in
13Section 402(26) of the Clean Air Act and the regulations
14promulgated thereunder, which state that the term "designated
15representative" means a responsible person or official
16authorized by the owner or operator of a unit to represent the
17owner or operator in all matters pertaining to the holding,
18transfer, or disposition of allowances allocated to a unit,
19and the submission of and compliance with permits, permit
20applications, and compliance plans for the unit.
21    "Draft CAAPP permit" means the version of a CAAPP permit
22for which public notice and an opportunity for public comment
23and hearing is offered by the Agency.
24    "Effective date of the CAAPP" means the date that USEPA
25approves Illinois' CAAPP.
26    "Emission unit" means any part or activity of a stationary

 

 

HB4197- 57 -LRB103 34760 LNS 64610 b

1source that emits or has the potential to emit any air
2pollutant. This term is not meant to alter or affect the
3definition of the term "unit" for purposes of Title IV of the
4Clean Air Act.
5    "Federally enforceable" means enforceable by USEPA.
6    "Final permit action" means the Agency's granting with
7conditions, refusal to grant, renewal of, or revision of a
8CAAPP permit, the Agency's determination of incompleteness of
9a submitted CAAPP application, or the Agency's failure to act
10on an application for a permit, permit renewal, or permit
11revision within the time specified in subsection 13,
12subsection 14, or paragraph (j) of subsection 5 of this
13Section.
14    "General permit" means a permit issued to cover numerous
15similar sources in accordance with subsection 11 of this
16Section.
17    "Major source" means a source for which emissions of one
18or more air pollutants meet the criteria for major status
19pursuant to paragraph (c) of subsection 2 of this Section.
20    "Maximum achievable control technology" or "MACT" means
21the maximum degree of reductions in emissions deemed
22achievable under Section 112 of the Clean Air Act.
23    "Owner or operator" means any person who owns, leases,
24operates, controls, or supervises a stationary source.
25    "Permit modification" means a revision to a CAAPP permit
26that cannot be accomplished under the provisions for

 

 

HB4197- 58 -LRB103 34760 LNS 64610 b

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

 

 

HB4197- 59 -LRB103 34760 LNS 64610 b

1    "Proposed CAAPP permit" means the version of a CAAPP
2permit that the Agency proposes to issue and forwards to USEPA
3for review in compliance with applicable requirements of the
4Act 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.

 

 

HB4197- 60 -LRB103 34760 LNS 64610 b

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        (6) Greenhouse gases.
6    "Renewal" means the process by which a permit is reissued
7at the end of its term.
8    "Responsible official" means one of the following:
9        (1) For a corporation: a president, secretary,
10    treasurer, or vice-president of the corporation in charge
11    of a principal business function, or any other person who
12    performs similar policy or decision-making functions for
13    the corporation, or a duly authorized representative of
14    such person if the representative is responsible for the
15    overall operation of one or more manufacturing,
16    production, or operating facilities applying for or
17    subject to a permit and either (i) the facilities employ
18    more than 250 persons or have gross annual sales or
19    expenditures exceeding $25 million (in second quarter 1980
20    dollars), or (ii) the delegation of authority to such
21    representative is approved in advance by the Agency.
22        (2) For a partnership or sole proprietorship: a
23    general partner or the proprietor, respectively, or in the
24    case of a partnership in which all of the partners are
25    corporations, a duly authorized representative of the
26    partnership if the representative is responsible for the

 

 

HB4197- 61 -LRB103 34760 LNS 64610 b

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

 

 

HB4197- 62 -LRB103 34760 LNS 64610 b

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

 

 

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1to be established by the USEPA by rule.
2    "Source" means any stationary source (or any group of
3stationary sources) that is located on one or more contiguous
4or adjacent properties that are under common control of the
5same person (or persons under common control) and that belongs
6to a single major industrial grouping. For the purposes of
7defining "source," a stationary source or group of stationary
8sources shall be considered part of a single major industrial
9grouping if all of the pollutant emitting activities at such
10source or group of sources located on contiguous or adjacent
11properties and under common control belong to the same Major
12Group (i.e., all have the same two-digit code) as described in
13the Standard Industrial Classification Manual, 1987, or such
14pollutant emitting activities at a stationary source (or group
15of stationary sources) located on contiguous or adjacent
16properties and under common control constitute a support
17facility. The determination as to whether any group of
18stationary sources is located on contiguous or adjacent
19properties, and/or is under common control, and/or whether the
20pollutant emitting activities at such group of stationary
21sources constitute a support facility shall be made on a case
22by case basis.
23    "Stationary source" means any building, structure,
24facility, or installation that emits or may emit any regulated
25air pollutant or any pollutant listed under Section 112(b) of
26the Clean Air Act, except those emissions resulting directly

 

 

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1from an internal combustion engine for transportation purposes
2or from a nonroad engine or nonroad vehicle as defined in
3Section 216 of the Clean Air Act.
4    "Subject to regulation" has the meaning given to it in 40
5CFR 70.2, as now or hereafter amended.
6    "Support facility" means any stationary source (or group
7of stationary sources) that conveys, stores, or otherwise
8assists to a significant extent in the production of a
9principal product at another stationary source (or group of
10stationary sources). A support facility shall be considered to
11be part of the same source as the stationary source (or group
12of stationary sources) that it supports regardless of the
132-digit Standard Industrial Classification code for the
14support facility.
15    "USEPA" means the Administrator of the United States
16Environmental Protection Agency (USEPA) or a person designated
17by the Administrator.
 
18    1.1. Exclusion From the CAAPP.
19        a. An owner or operator of a source which determines
20    that the source could be excluded from the CAAPP may seek
21    such exclusion prior to the date that the CAAPP
22    application for the source is due but in no case later than
23    9 months after the effective date of the CAAPP through the
24    imposition of federally enforceable conditions limiting
25    the "potential to emit" of the source to a level below the

 

 

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1    major source threshold for that source as described in
2    paragraph (c) of subsection 2 of this Section, within a
3    State operating permit issued pursuant to subsection (a)
4    of Section 39 of this Act. After such date, an exclusion
5    from the CAAPP may be sought under paragraph (c) of
6    subsection 3 of this Section.
7        b. An owner or operator of a source seeking exclusion
8    from the CAAPP pursuant to paragraph (a) of this
9    subsection must submit a permit application consistent
10    with the existing State permit program which specifically
11    requests such exclusion through the imposition of such
12    federally enforceable conditions.
13        c. Upon such request, if the Agency determines that
14    the owner or operator of a source has met the requirements
15    for exclusion pursuant to paragraph (a) of this subsection
16    and other applicable requirements for permit issuance
17    under subsection (a) of Section 39 of this Act, the Agency
18    shall issue a State operating permit for such source under
19    subsection (a) of Section 39 of this Act, as amended, and
20    regulations promulgated thereunder with federally
21    enforceable conditions limiting the "potential to emit" of
22    the source to a level below the major source threshold for
23    that source as described in paragraph (c) of subsection 2
24    of this Section.
25        d. The Agency shall provide an owner or operator of a
26    source which may be excluded from the CAAPP pursuant to

 

 

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1    this subsection with reasonable notice that the owner or
2    operator may seek such exclusion.
3        e. The Agency shall provide such sources with the
4    necessary permit application forms.
 
5    2. Applicability.
6        a. Sources subject to this Section shall include:
7            i. Any major source as defined in paragraph (c) of
8        this subsection.
9            ii. Any source subject to a standard or other
10        requirements promulgated under Section 111 (New Source
11        Performance Standards) or Section 112 (Hazardous Air
12        Pollutants) of the Clean Air Act, except that a source
13        is not required to obtain a permit solely because it is
14        subject to regulations or requirements under Section
15        112(r) of the Clean Air Act.
16            iii. Any affected source for acid deposition, as
17        defined in subsection 1 of this Section.
18            iv. Any other source subject to this Section under
19        the Clean Air Act or regulations promulgated
20        thereunder, or applicable Board regulations.
21        b. Sources exempted from this Section shall include:
22            i. All sources listed in paragraph (a) of this
23        subsection that are not major sources, affected
24        sources for acid deposition or solid waste
25        incineration units required to obtain a permit

 

 

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1        pursuant to Section 129(e) of the Clean Air Act, until
2        the source is required to obtain a CAAPP permit
3        pursuant to the Clean Air Act or regulations
4        promulgated thereunder.
5            ii. Nonmajor sources subject to a standard or
6        other requirements subsequently promulgated by USEPA
7        under Section 111 or 112 of the Clean Air Act that are
8        determined by USEPA to be exempt at the time a new
9        standard is promulgated.
10            iii. All sources and source categories that would
11        be required to obtain a permit solely because they are
12        subject to Part 60, Subpart AAA - Standards of
13        Performance for New Residential Wood Heaters (40 CFR
14        Part 60).
15            iv. All sources and source categories that would
16        be required to obtain a permit solely because they are
17        subject to Part 61, Subpart M - National Emission
18        Standard for Hazardous Air Pollutants for Asbestos,
19        Section 61.145 (40 CFR Part 61).
20            v. Any other source categories exempted by USEPA
21        regulations pursuant to Section 502(a) of the Clean
22        Air Act.
23            vi. Major sources of greenhouse gas emissions
24        required to obtain a CAAPP permit under this Section
25        if any of the following occurs:
26                (A) enactment of federal legislation depriving

 

 

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1            the Administrator of the USEPA of authority to
2            regulate greenhouse gases under the Clean Air Act;
3                (B) the issuance of any opinion, ruling,
4            judgment, order, or decree by a federal court
5            depriving the Administrator of the USEPA of
6            authority to regulate greenhouse gases under the
7            Clean Air Act; or
8                (C) action by the President of the United
9            States or the President's authorized agent,
10            including the Administrator of the USEPA, to
11            repeal or withdraw the Greenhouse Gas Tailoring
12            Rule (75 Fed. Reg. 31514, June 3, 2010).
13            If any event listed in this subparagraph (vi)
14        occurs, CAAPP permits issued after such event shall
15        not impose permit terms or conditions addressing
16        greenhouse gases during the effectiveness of any event
17        listed in subparagraph (vi). If any event listed in
18        this subparagraph (vi) occurs, any owner or operator
19        with a CAAPP permit that includes terms or conditions
20        addressing greenhouse gases may elect to submit an
21        application to the Agency to address a revision or
22        repeal of such terms or conditions. If any owner or
23        operator submits such an application, the Agency shall
24        expeditiously process the permit application in
25        accordance with applicable laws and regulations.
26        Nothing in this subparagraph (vi) shall relieve an

 

 

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1        owner or operator of a source from the requirement to
2        obtain a CAAPP permit for its emissions of regulated
3        air pollutants other than greenhouse gases, as
4        required by this Section.
5        c. For purposes of this Section the term "major
6    source" means any source that is:
7            i. A major source under Section 112 of the Clean
8        Air Act, which is defined as:
9                A. For pollutants other than radionuclides,
10            any stationary source or group of stationary
11            sources located within a contiguous area and under
12            common control that emits or has the potential to
13            emit, in the aggregate, 10 tons per year (tpy) or
14            more of any hazardous air pollutant which has been
15            listed pursuant to Section 112(b) of the Clean Air
16            Act, 25 tpy or more of any combination of such
17            hazardous air pollutants, or such lesser quantity
18            as USEPA may establish by rule. Notwithstanding
19            the preceding sentence, emissions from any oil or
20            gas exploration or production well (with its
21            associated equipment) and emissions from any
22            pipeline compressor or pump station shall not be
23            aggregated with emissions from other similar
24            units, whether or not such units are in a
25            contiguous area or under common control, to
26            determine whether such stations are major sources.

 

 

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1                B. For radionuclides, "major source" shall
2            have the meaning specified by the USEPA by rule.
3            ii. A major stationary source of air pollutants,
4        as defined in Section 302 of the Clean Air Act, that
5        directly emits or has the potential to emit, 100 tpy or
6        more of any air pollutant subject to regulation
7        (including any major source of fugitive emissions of
8        any such pollutant, as determined by rule by USEPA).
9        For purposes of this subsection, "fugitive emissions"
10        means those emissions which could not reasonably pass
11        through a stack, chimney, vent, or other
12        functionally-equivalent opening. The fugitive
13        emissions of a stationary source shall not be
14        considered in determining whether it is a major
15        stationary source for the purposes of Section 302(j)
16        of the Clean Air Act, unless the source belongs to one
17        of the following categories of stationary source:
18                A. Coal cleaning plants (with thermal dryers).
19                B. Kraft pulp mills.
20                C. Portland cement plants.
21                D. Primary zinc smelters.
22                E. Iron and steel mills.
23                F. Primary aluminum ore reduction plants.
24                G. Primary copper smelters.
25                H. Municipal incinerators capable of charging
26            more than 250 tons of refuse per day.

 

 

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1                I. Hydrofluoric, sulfuric, or nitric acid
2            plants.
3                J. Petroleum refineries.
4                K. Lime plants.
5                L. Phosphate rock processing plants.
6                M. Coke oven batteries.
7                N. Sulfur recovery plants.
8                O. Carbon black plants (furnace process).
9                P. Primary lead smelters.
10                Q. Fuel conversion plants.
11                R. Sintering plants.
12                S. Secondary metal production plants.
13                T. Chemical process plants.
14                U. Fossil-fuel boilers (or combination
15            thereof) totaling more than 250 million British
16            thermal units per hour heat input.
17                V. Petroleum storage and transfer units with a
18            total storage capacity exceeding 300,000 barrels.
19                W. Taconite ore processing plants.
20                X. Glass fiber processing plants.
21                Y. Charcoal production plants.
22                Z. Fossil fuel-fired steam electric plants of
23            more than 250 million British thermal units per
24            hour heat input.
25                AA. All other stationary source categories,
26            which as of August 7, 1980 are being regulated by a

 

 

HB4197- 72 -LRB103 34760 LNS 64610 b

1            standard promulgated under Section 111 or 112 of
2            the Clean Air Act.
3                BB. Any other stationary source category
4            designated by USEPA by rule.
5            iii. A major stationary source as defined in part
6        D of Title I of the Clean Air Act including:
7                A. For ozone nonattainment areas, sources with
8            the potential to emit 100 tons or more per year of
9            volatile organic compounds or oxides of nitrogen
10            in areas classified as "marginal" or "moderate",
11            50 tons or more per year in areas classified as
12            "serious", 25 tons or more per year in areas
13            classified as "severe", and 10 tons or more per
14            year in areas classified as "extreme"; except that
15            the references in this clause to 100, 50, 25, and
16            10 tons per year of nitrogen oxides shall not
17            apply with respect to any source for which USEPA
18            has made a finding, under Section 182(f)(1) or (2)
19            of the Clean Air Act, that requirements otherwise
20            applicable to such source under Section 182(f) of
21            the Clean Air Act do not apply. Such sources shall
22            remain subject to the major source criteria of
23            subparagraph (ii) of paragraph (c) of this
24            subsection.
25                B. For ozone transport regions established
26            pursuant to Section 184 of the Clean Air Act,

 

 

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1            sources with the potential to emit 50 tons or more
2            per year of volatile organic compounds (VOCs).
3                C. For carbon monoxide nonattainment areas (1)
4            that are classified as "serious", and (2) in which
5            stationary sources contribute significantly to
6            carbon monoxide levels as determined under rules
7            issued by USEPA, sources with the potential to
8            emit 50 tons or more per year of carbon monoxide.
9                D. For particulate matter (PM-10)
10            nonattainment areas classified as "serious",
11            sources with the potential to emit 70 tons or more
12            per year of PM-10.
 
13    3. Agency Authority To Issue CAAPP Permits and Federally
14Enforceable State Operating Permits.
15        a. The Agency shall issue CAAPP permits under this
16    Section consistent with the Clean Air Act and regulations
17    promulgated thereunder and this Act and regulations
18    promulgated thereunder.
19        b. The Agency shall issue CAAPP permits for fixed
20    terms of 5 years, except CAAPP permits issued for solid
21    waste incineration units combusting municipal waste which
22    shall be issued for fixed terms of 12 years and except
23    CAAPP permits for affected sources for acid deposition
24    which shall be issued for initial terms to expire on
25    December 31, 1999, and for fixed terms of 5 years

 

 

HB4197- 74 -LRB103 34760 LNS 64610 b

1    thereafter.
2        c. The Agency shall have the authority to issue a
3    State operating permit for a source under subsection (a)
4    of Section 39 of this Act, as amended, and regulations
5    promulgated thereunder, which includes federally
6    enforceable conditions limiting the "potential to emit" of
7    the source to a level below the major source threshold for
8    that source as described in paragraph (c) of subsection 2
9    of this Section, thereby excluding the source from the
10    CAAPP, when requested by the applicant pursuant to
11    paragraph (u) of subsection 5 of this Section. The public
12    notice requirements of this Section applicable to CAAPP
13    permits shall also apply to the initial issuance of
14    permits under this paragraph.
15        d. For purposes of this Act, a permit issued by USEPA
16    under Section 505 of the Clean Air Act, as now and
17    hereafter amended, shall be deemed to be a permit issued
18    by the Agency pursuant to Section 39.5 of this Act.
 
19    4. Transition.
20        a. An owner or operator of a CAAPP source shall not be
21    required to renew an existing State operating permit for
22    any emission unit at such CAAPP source once a CAAPP
23    application timely submitted prior to expiration of the
24    State operating permit has been deemed complete. For
25    purposes other than permit renewal, the obligation upon

 

 

HB4197- 75 -LRB103 34760 LNS 64610 b

1    the owner or operator of a CAAPP source to obtain a State
2    operating permit is not removed upon submittal of the
3    complete CAAPP permit application. An owner or operator of
4    a CAAPP source seeking to make a modification to a source
5    prior to the issuance of its CAAPP permit shall be
6    required to obtain a construction permit, operating
7    permit, or both as required for such modification in
8    accordance with the State permit program under subsection
9    (a) of Section 39 of this Act, as amended, and regulations
10    promulgated thereunder. The application for such
11    construction permit, operating permit, or both shall be
12    considered an amendment to the CAAPP application submitted
13    for such source.
14        b. An owner or operator of a CAAPP source shall
15    continue to operate in accordance with the terms and
16    conditions of its applicable State operating permit
17    notwithstanding the expiration of the State operating
18    permit until the source's CAAPP permit has been issued.
19        c. An owner or operator of a CAAPP source shall submit
20    its initial CAAPP application to the Agency no later than
21    12 months after the effective date of the CAAPP. The
22    Agency may request submittal of initial CAAPP applications
23    during this 12-month period according to a schedule set
24    forth within Agency procedures, however, in no event shall
25    the Agency require such submittal earlier than 3 months
26    after such effective date of the CAAPP. An owner or

 

 

HB4197- 76 -LRB103 34760 LNS 64610 b

1    operator may voluntarily submit its initial CAAPP
2    application prior to the date required within this
3    paragraph or applicable procedures, if any, subsequent to
4    the date the Agency submits the CAAPP to USEPA for
5    approval.
6        d. The Agency shall act on initial CAAPP applications
7    in accordance with paragraph (j) of subsection 5 of this
8    Section.
9        e. For purposes of this Section, the term "initial
10    CAAPP application" shall mean the first CAAPP application
11    submitted for a source existing as of the effective date
12    of the CAAPP.
13        f. The Agency shall provide owners or operators of
14    CAAPP sources with at least 3 months advance notice of the
15    date on which their applications are required to be
16    submitted. In determining which sources shall be subject
17    to early submittal, the Agency shall include among its
18    considerations the complexity of the permit application,
19    and the burden that such early submittal will have on the
20    source.
21        g. The CAAPP permit shall upon becoming effective
22    supersede the State operating permit.
23        h. The Agency shall have the authority to adopt
24    procedural rules, in accordance with the Illinois
25    Administrative Procedure Act, as the Agency deems
26    necessary, to implement this subsection.
 

 

 

HB4197- 77 -LRB103 34760 LNS 64610 b

1    5. Applications and Completeness.
2        a. An owner or operator of a CAAPP source shall submit
3    its complete CAAPP application consistent with the Act and
4    applicable regulations.
5        b. An owner or operator of a CAAPP source shall submit
6    a single complete CAAPP application covering all emission
7    units at that source.
8        c. To be deemed complete, a CAAPP application must
9    provide all information, as requested in Agency
10    application forms, sufficient to evaluate the subject
11    source and its application and to determine all applicable
12    requirements, pursuant to the Clean Air Act, and
13    regulations thereunder, this Act and regulations
14    thereunder. Such Agency application forms shall be
15    finalized and made available prior to the date on which
16    any CAAPP application is required.
17        d. An owner or operator of a CAAPP source shall
18    submit, as part of its complete CAAPP application, a
19    compliance plan, including a schedule of compliance,
20    describing how each emission unit will comply with all
21    applicable requirements. Any such schedule of compliance
22    shall be supplemental to, and shall not sanction
23    noncompliance with, the applicable requirements on which
24    it is based.
25        e. Each submitted CAAPP application shall be certified

 

 

HB4197- 78 -LRB103 34760 LNS 64610 b

1    for truth, accuracy, and completeness by a responsible
2    official in accordance with applicable regulations.
3        f. The Agency shall provide notice to a CAAPP
4    applicant as to whether a submitted CAAPP application is
5    complete. Unless the Agency notifies the applicant of
6    incompleteness, within 60 days after receipt of the CAAPP
7    application, the application shall be deemed complete. The
8    Agency may request additional information as needed to
9    make the completeness determination. The Agency may to the
10    extent practicable provide the applicant with a reasonable
11    opportunity to correct deficiencies prior to a final
12    determination of completeness.
13        g. If after the determination of completeness the
14    Agency finds that additional information is necessary to
15    evaluate or take final action on the CAAPP application,
16    the Agency may request in writing such information from
17    the source with a reasonable deadline for response.
18        h. If the owner or operator of a CAAPP source submits a
19    timely and complete CAAPP application, the source's
20    failure to have a CAAPP permit shall not be a violation of
21    this Section until the Agency takes final action on the
22    submitted CAAPP application, provided, however, where the
23    applicant fails to submit the requested information under
24    paragraph (g) of this subsection 5 within the time frame
25    specified by the Agency, this protection shall cease to
26    apply.

 

 

HB4197- 79 -LRB103 34760 LNS 64610 b

1        i. Any applicant who fails to submit any relevant
2    facts necessary to evaluate the subject source and its
3    CAAPP application or who has submitted incorrect
4    information in a CAAPP application shall, upon becoming
5    aware of such failure or incorrect submittal, submit
6    supplementary facts or correct information to the Agency.
7    In addition, an applicant shall provide to the Agency
8    additional information as necessary to address any
9    requirements which become applicable to the source
10    subsequent to the date the applicant submitted its
11    complete CAAPP application but prior to release of the
12    draft CAAPP permit.
13        j. The Agency shall issue or deny the CAAPP permit
14    within 18 months after the date of receipt of the complete
15    CAAPP application, with the following exceptions: (i)
16    permits for affected sources for acid deposition shall be
17    issued or denied within 6 months after receipt of a
18    complete application in accordance with subsection 17 of
19    this Section; (ii) the Agency shall act on initial CAAPP
20    applications within 24 months after the date of receipt of
21    the complete CAAPP application; (iii) the Agency shall act
22    on complete applications containing early reduction
23    demonstrations under Section 112(i)(5) of the Clean Air
24    Act within 9 months of receipt of the complete CAAPP
25    application.
26        Where the Agency does not take final action on the

 

 

HB4197- 80 -LRB103 34760 LNS 64610 b

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

 

 

HB4197- 81 -LRB103 34760 LNS 64610 b

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

 

 

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

 

 

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1    submit its complete CAAPP application consistent with this
2    subsection within 12 months after commencing operation of
3    such source. The owner or operator of an existing source
4    that has been excluded from the provisions of this Section
5    under subsection 1.1 or paragraph (c) of subsection 3 of
6    this Section and that becomes subject to the CAAPP solely
7    due to a change in operation at the source shall submit its
8    complete CAAPP application consistent with this subsection
9    at least 180 days before commencing operation in
10    accordance with the change in operation.
11        y. The Agency shall have the authority to adopt
12    procedural rules, in accordance with the Illinois
13    Administrative Procedure Act, as the Agency deems
14    necessary to implement this subsection.
 
15    6. Prohibitions.
16        a. It shall be unlawful for any person to violate any
17    terms or conditions of a permit issued under this Section,
18    to operate any CAAPP source except in compliance with a
19    permit issued by the Agency under this Section or to
20    violate any other applicable requirements. All terms and
21    conditions of a permit issued under this Section are
22    enforceable by USEPA and citizens under the Clean Air Act,
23    except those, if any, that are specifically designated as
24    not being federally enforceable in the permit pursuant to
25    paragraph (m) of subsection 7 of this Section.

 

 

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1        b. After the applicable CAAPP permit or renewal
2    application submittal date, as specified in subsection 5
3    of this Section, no person shall operate a CAAPP source
4    without a CAAPP permit unless the complete CAAPP permit or
5    renewal application for such source has been timely
6    submitted to the Agency.
7        c. No owner or operator of a CAAPP source shall cause
8    or threaten or allow the continued operation of an
9    emission source during malfunction or breakdown of the
10    emission source or related air pollution control equipment
11    if such operation would cause a violation of the standards
12    or limitations applicable to the source, unless the CAAPP
13    permit granted to the source provides for such operation
14    consistent with this Act and applicable Board regulations.
 
15    7. Permit Content.
16        a. All CAAPP permits shall contain emission
17    limitations and standards and other enforceable terms and
18    conditions, including but not limited to operational
19    requirements, and schedules for achieving compliance at
20    the earliest reasonable date, which are or will be
21    required to accomplish the purposes and provisions of this
22    Act and to assure compliance with all applicable
23    requirements.
24        b. The Agency shall include among such conditions
25    applicable monitoring, reporting, record keeping and

 

 

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1    compliance certification requirements, as authorized by
2    paragraphs (d), (e), and (f) of this subsection, that the
3    Agency deems necessary to assure compliance with the Clean
4    Air Act, the regulations promulgated thereunder, this Act,
5    and applicable Board regulations. When monitoring,
6    reporting, record keeping, and compliance certification
7    requirements are specified within the Clean Air Act,
8    regulations promulgated thereunder, this Act, or
9    applicable regulations, such requirements shall be
10    included within the CAAPP permit. The Board shall have
11    authority to promulgate additional regulations where
12    necessary to accomplish the purposes of the Clean Air Act,
13    this Act, and regulations promulgated thereunder.
14        c. The Agency shall assure, within such conditions,
15    the use of terms, test methods, units, averaging periods,
16    and other statistical conventions consistent with the
17    applicable emission limitations, standards, and other
18    requirements contained in the permit.
19        d. To meet the requirements of this subsection with
20    respect to monitoring, the permit shall:
21            i. Incorporate and identify all applicable
22        emissions monitoring and analysis procedures or test
23        methods required under the Clean Air Act, regulations
24        promulgated thereunder, this Act, and applicable Board
25        regulations, including any procedures and methods
26        promulgated by USEPA pursuant to Section 504(b) or

 

 

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

 

 

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1                D. The analytical techniques or methods used.
2                E. The results of such analyses.
3                F. The operating conditions as existing at the
4            time of sampling or measurement.
5            ii. Retention of records of all monitoring data
6        and support information for a period of at least 5
7        years from the date of the monitoring sample,
8        measurement, report, or application. Support
9        information includes all calibration and maintenance
10        records, original strip-chart recordings for
11        continuous monitoring instrumentation, and copies of
12        all reports required by the permit.
13        f. To meet the requirements of this subsection with
14    respect to reporting, the permit shall incorporate and
15    identify all applicable reporting requirements and require
16    the following:
17            i. Submittal of reports of any required monitoring
18        every 6 months. More frequent submittals may be
19        requested by the Agency if such submittals are
20        necessary to assure compliance with this Act or
21        regulations promulgated by the Board thereunder. All
22        instances of deviations from permit requirements must
23        be clearly identified in such reports. All required
24        reports must be certified by a responsible official
25        consistent with subsection 5 of this Section.
26            ii. Prompt reporting of deviations from permit

 

 

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1        requirements, including those attributable to upset
2        conditions as defined in the permit, the probable
3        cause of such deviations, and any corrective actions
4        or preventive measures taken.
5        g. Each CAAPP permit issued under subsection 10 of
6    this Section shall include a condition prohibiting
7    emissions exceeding any allowances that the source
8    lawfully holds under Title IV of the Clean Air Act or the
9    regulations promulgated thereunder, consistent with
10    subsection 17 of this Section and applicable regulations,
11    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
19    this Section shall include a severability clause to ensure
20    the continued validity of the various permit requirements
21    in 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,
25        when requested by an applicant pursuant to paragraph
26        (p) of subsection 5 of this Section, a provision

 

 

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1        stating that compliance with the conditions of the
2        permit shall be deemed compliance with applicable
3        requirements which are applicable as of the date of
4        release of the proposed permit, provided 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

 

 

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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 after
24        the time when emission limitations were exceeded due
25        to the emergency. This notice must contain a detailed
26        description of the emergency, any steps taken to

 

 

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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
15    of preventative maintenance, careless or improper
16    operation, 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
20    or upset provision contained in any applicable
21    requirement. This provision does not relieve a permittee
22    of any reporting obligations under existing federal or
23    state laws or regulations.
24        l. The Agency shall include in each permit issued
25    under subsection 10 of this Section:
26            i. Terms and conditions for reasonably anticipated

 

 

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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            (j) of subsection 7 of this Section shall extend
12            to all terms and conditions under each such
13            operating scenario.
14            ii. Where requested by an applicant, all terms and
15        conditions allowing for trading of emissions increases
16        and decreases between different emission units at the
17        CAAPP source, to the extent that the applicable
18        requirements provide for trading of such emissions
19        increases and decreases without a case-by-case
20        approval of each emissions trade. Such terms and
21        conditions:
22                A. Shall include all terms required under this
23            subsection to determine compliance;
24                B. Must meet all applicable requirements;
25                C. Shall extend the permit shield described in
26            paragraph (j) of subsection 7 of this Section to

 

 

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1            all terms and conditions that allow such increases
2            and decreases in emissions.
3        m. The Agency shall specifically designate as not
4    being federally enforceable under the Clean Air Act any
5    terms and conditions included in the permit that are not
6    specifically required under the Clean Air Act or federal
7    regulations promulgated thereunder. Terms or conditions so
8    designated shall be subject to all applicable State
9    requirements, except the requirements of subsection 7
10    (other than this paragraph, paragraph q of subsection 7,
11    subsections 8 through 11, and subsections 13 through 16 of
12    this Section. The Agency shall, however, include such
13    terms and conditions in the CAAPP permit issued to the
14    source.
15        n. Each CAAPP permit issued under subsection 10 of
16    this Section shall specify and reference the origin of and
17    authority for each term or condition, and identify any
18    difference in form as compared to the applicable
19    requirement upon which the term or condition is based.
20        o. Each CAAPP permit issued under subsection 10 of
21    this Section shall include provisions stating the
22    following:
23            i. Duty to comply. The permittee must comply with
24        all terms and conditions of the CAAPP permit. Any
25        permit noncompliance constitutes a violation of the
26        Clean Air Act and the Act, and is grounds for any or

 

 

HB4197- 94 -LRB103 34760 LNS 64610 b

1        all of the following: enforcement action; permit
2        termination, revocation and reissuance, or
3        modification; or denial of a permit renewal
4        application.
5            ii. Need to halt or reduce activity not a defense.
6        It shall not be a defense for a permittee in an
7        enforcement action that it would have been necessary
8        to halt or reduce the permitted activity in order to
9        maintain compliance with the conditions of this
10        permit.
11            iii. Permit actions. The permit may be modified,
12        revoked, reopened, and reissued, or terminated for
13        cause in accordance with the applicable subsections of
14        Section 39.5 of this Act. The filing of a request by
15        the permittee for a permit modification, revocation
16        and reissuance, or termination, or of a notification
17        of planned changes or anticipated noncompliance does
18        not stay any permit condition.
19            iv. Property rights. The permit does not convey
20        any property rights of any sort, or any exclusive
21        privilege.
22            v. Duty to provide information. The permittee
23        shall furnish to the Agency within a reasonable time
24        specified by the Agency any information that the
25        Agency may request in writing to determine whether
26        cause exists for modifying, revoking and reissuing, or

 

 

HB4197- 95 -LRB103 34760 LNS 64610 b

1        terminating the permit or to determine compliance with
2        the permit. Upon request, the permittee shall also
3        furnish to the Agency copies of records required to be
4        kept by the permit or, for information claimed to be
5        confidential, the permittee may furnish such records
6        directly to USEPA along with a claim of
7        confidentiality.
8            vi. Duty to pay fees. The permittee must pay fees
9        to the Agency consistent with the fee schedule
10        approved pursuant to subsection 18 of this Section,
11        and submit any information relevant thereto.
12            vii. Emissions trading. No permit revision shall
13        be required for increases in emissions allowed under
14        any approved economic incentives, marketable permits,
15        emissions trading, and other similar programs or
16        processes for changes that are provided for in the
17        permit and that are authorized by the applicable
18        requirement.
19        p. Each CAAPP permit issued under subsection 10 of
20    this Section shall contain the following elements with
21    respect to compliance:
22            i. Compliance certification, testing, monitoring,
23        reporting, and record keeping requirements sufficient
24        to assure compliance with the terms and conditions of
25        the permit. Any document (including reports) required
26        by a CAAPP permit shall contain a certification by a

 

 

HB4197- 96 -LRB103 34760 LNS 64610 b

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

 

 

HB4197- 97 -LRB103 34760 LNS 64610 b

1                    2. As otherwise authorized by this Act.
2            iii. A schedule of compliance consistent with
3        subsection 5 of this Section and applicable
4        regulations.
5            iv. Progress reports consistent with an applicable
6        schedule of compliance pursuant to paragraph (d) of
7        subsection 5 of this Section and applicable
8        regulations to be submitted semiannually, or more
9        frequently if the Agency determines that such more
10        frequent submittals are necessary for compliance with
11        the Act or regulations promulgated by the Board
12        thereunder. Such progress reports shall contain the
13        following:
14                A. Required dates for achieving the
15            activities, milestones, or compliance required by
16            the schedule of compliance and dates when such
17            activities, milestones or compliance were
18            achieved.
19                B. An explanation of why any dates in the
20            schedule of compliance were not or will not be
21            met, and any preventive or corrective measures
22            adopted.
23            v. Requirements for compliance certification with
24        terms and conditions contained in the permit,
25        including emission limitations, standards, or work
26        practices. Permits shall include each of the

 

 

HB4197- 98 -LRB103 34760 LNS 64610 b

1        following:
2                A. The frequency (annually or more frequently
3            as specified in any applicable requirement or by
4            the Agency pursuant to written procedures) of
5            submissions of compliance certifications.
6                B. A means for assessing or monitoring the
7            compliance of the source with its emissions
8            limitations, standards, and work practices.
9                C. A requirement that the compliance
10            certification include the following:
11                    1. The identification of each term or
12                condition contained in the permit that is the
13                basis of the certification.
14                    2. The compliance status.
15                    3. Whether compliance was continuous or
16                intermittent.
17                    4. The method(s) used for determining the
18                compliance status of the source, both
19                currently and over the reporting period
20                consistent with subsection 7 of this Section.
21                D. A requirement that all compliance
22            certifications be submitted to the Agency.
23                E. Additional requirements as may be specified
24            pursuant to Sections 114(a)(3) and 504(b) of the
25            Clean Air Act.
26                F. Other provisions as the Agency may require.

 

 

HB4197- 99 -LRB103 34760 LNS 64610 b

1        q. If the owner or operator of CAAPP source can
2    demonstrate in its CAAPP application, including an
3    application for a significant modification, that an
4    alternative emission limit would be equivalent to that
5    contained in the applicable Board regulations, the Agency
6    shall include the alternative emission limit in the CAAPP
7    permit, which shall supersede the emission limit set forth
8    in the applicable Board regulations, and shall include
9    conditions that insure that the resulting emission limit
10    is quantifiable, accountable, enforceable, and based on
11    replicable procedures.
 
12    8. Public Notice; Affected State Review.
13        a. The Agency shall provide notice to the public,
14    including an opportunity for public comment and a hearing,
15    on each draft CAAPP permit for issuance, renewal or
16    significant modification, subject to Section 7.1 and
17    subsection (a) of Section 7 of this Act.
18        b. The Agency shall prepare a draft CAAPP permit and a
19    statement that sets forth the legal and factual basis for
20    the draft CAAPP permit conditions, including references to
21    the applicable statutory or regulatory provisions. The
22    Agency shall provide this statement to any person who
23    requests it.
24        c. The Agency shall give notice of each draft CAAPP
25    permit to the applicant and to any affected State on or

 

 

HB4197- 100 -LRB103 34760 LNS 64610 b

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

 

 

HB4197- 101 -LRB103 34760 LNS 64610 b

1    protection under Section 7.1 and subsection (a) of Section
2    7 of this Act.
3        f. 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        g. If requested by the permit applicant, the Agency
8    shall provide the permit applicant with a copy of the
9    draft CAAPP permit prior to any public review period. If
10    requested by the permit applicant, the Agency shall
11    provide the permit applicant with a copy of the final
12    CAAPP permit prior to issuance of the CAAPP permit.
 
13    9. USEPA Notice and Objection.
14        a. The Agency shall provide to USEPA for its review a
15    copy of each CAAPP application (including any application
16    for permit modification), statement of basis as provided
17    in paragraph (b) of subsection 8 of this Section, proposed
18    CAAPP permit, CAAPP permit, and, if the Agency does not
19    incorporate any affected State's recommendations on a
20    proposed CAAPP permit, a written statement of this
21    decision and its reasons for not accepting the
22    recommendations, except as otherwise provided in this Act
23    or by agreement with USEPA. To the extent practicable, the
24    preceding information shall be provided in computer
25    readable format compatible with USEPA's national database

 

 

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1    management system.
2        b. The Agency shall not issue the proposed CAAPP
3    permit if USEPA objects in writing within 45 days after
4    receipt of the proposed CAAPP permit and all necessary
5    supporting information.
6        c. If USEPA objects in writing to the issuance of the
7    proposed CAAPP permit within the 45-day period, the Agency
8    shall respond in writing and may revise and resubmit the
9    proposed CAAPP permit in response to the stated objection,
10    to the extent supported by the record, within 90 days
11    after the date of the objection. Prior to submitting a
12    revised permit to USEPA, the Agency shall provide the
13    applicant and any person who participated in the public
14    comment process, pursuant to subsection 8 of this Section,
15    with a 10-day period to comment on any revision which the
16    Agency is proposing to make to the permit in response to
17    USEPA's objection in accordance with Agency procedures.
18        d. Any USEPA objection under this subsection,
19    according to the Clean Air Act, will include a statement
20    of reasons for the objection and a description of the
21    terms and conditions that must be in the permit, in order
22    to adequately respond to the objections. Grounds for a
23    USEPA objection include the failure of the Agency to: (1)
24    submit the items and notices required under this
25    subsection; (2) submit any other information necessary to
26    adequately review the proposed CAAPP permit; or (3)

 

 

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1    process the permit under subsection 8 of this Section
2    except for minor permit modifications.
3        e. If USEPA does not object in writing to issuance of a
4    permit under this subsection, any person may petition
5    USEPA within 60 days after expiration of the 45-day review
6    period to make such objection.
7        f. If the permit has not yet been issued and USEPA
8    objects to the permit as a result of a petition, the Agency
9    shall not issue the permit until USEPA's objection has
10    been resolved. The Agency shall provide a 10-day comment
11    period in accordance with paragraph c of this subsection.
12    A petition does not, however, stay the effectiveness of a
13    permit or its requirements if the permit was issued after
14    expiration of the 45-day review period and prior to a
15    USEPA objection.
16        g. If the Agency has issued a permit after expiration
17    of the 45-day review period and prior to receipt of a USEPA
18    objection under this subsection in response to a petition
19    submitted pursuant to paragraph e of this subsection, the
20    Agency may, upon receipt of an objection from USEPA,
21    revise and resubmit the permit to USEPA pursuant to this
22    subsection after providing a 10-day comment period in
23    accordance with paragraph c of this subsection. If the
24    Agency fails to submit a revised permit in response to the
25    objection, USEPA shall modify, terminate or revoke the
26    permit. In any case, the source will not be in violation of

 

 

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1    the requirement to have submitted a timely and complete
2    application.
3        h. The Agency shall have the authority to adopt
4    procedural rules, in accordance with the Illinois
5    Administrative Procedure Act, as the Agency deems
6    necessary, to implement this subsection.
 
7    10. Final Agency Action.
8        a. The Agency shall issue a CAAPP permit, permit
9    modification, or permit renewal if all of the following
10    conditions are met:
11            i. The applicant has submitted a complete and
12        certified application for a permit, permit
13        modification, or permit renewal consistent with
14        subsections 5 and 14 of this Section, as applicable,
15        and applicable regulations.
16            ii. The applicant has submitted with its complete
17        application an approvable compliance plan, including a
18        schedule for achieving compliance, consistent with
19        subsection 5 of this Section and applicable
20        regulations.
21            iii. The applicant has timely paid the fees
22        required pursuant to subsection 18 of this Section and
23        applicable regulations.
24            iv. The Agency has received a complete CAAPP
25        application and, if necessary, has requested and

 

 

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1        received additional information from the applicant
2        consistent with subsection 5 of this Section and
3        applicable regulations.
4            v. The Agency has complied with all applicable
5        provisions regarding public notice and affected State
6        review consistent with subsection 8 of this Section
7        and applicable regulations.
8            vi. The Agency has provided a copy of each CAAPP
9        application, or summary thereof, pursuant to agreement
10        with USEPA and proposed CAAPP permit required under
11        subsection 9 of this Section to USEPA, and USEPA has
12        not objected to the issuance of the permit in
13        accordance with the Clean Air Act and 40 CFR Part 70.
14        b. The Agency shall have the authority to deny a CAAPP
15    permit, permit modification, or permit renewal if the
16    applicant has not complied with the requirements of
17    subparagraphs (i) through (iv) of paragraph (a) of this
18    subsection or if USEPA objects to its issuance. Further,
19    for any of the following construction permits, the Agency
20    shall conduct an evaluation of the prospective owner's or
21    operator's prior experience in owning and operating
22    sources of air pollution: (i) a construction permit for a
23    new source that is to be located in an environmental
24    justice community, that will require a CAAPP permit or a
25    federally enforceable State operating permit, and that
26    would be authorized under that permit to increase annual

 

 

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

 

 

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1        in the ownership or operation of a source of air
2        pollution.
3        c. i. Prior to denial of a CAAPP permit, permit
4        modification, or permit renewal under this Section,
5        the Agency shall notify the applicant of the possible
6        denial and the reasons for the denial.
7            ii. Within such notice, the Agency shall specify
8        an appropriate date by which the applicant shall
9        adequately respond to the Agency's notice. Such date
10        shall not exceed 15 days from the date the
11        notification is received by the applicant. The Agency
12        may grant a reasonable extension for good cause shown.
13            iii. Failure by the applicant to adequately
14        respond by the date specified in the notification or
15        by any granted extension date shall be grounds for
16        denial of the permit.
17            For purposes of obtaining judicial review under
18        Sections 40.2 and 41 of this Act, the Agency shall
19        provide to USEPA and each applicant, and, upon
20        request, to affected States, any person who
21        participated in the public comment process, and any
22        other person who could obtain judicial review under
23        Sections 40.2 and 41 of this Act, a copy of each CAAPP
24        permit or notification of denial pertaining to that
25        party.
26        d. The Agency shall have the authority to adopt

 

 

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1    procedural rules, in accordance with the Illinois
2    Administrative Procedure Act, as the Agency deems
3    necessary, to implement this subsection.
 
4    11. General Permits.
5        a. The Agency may issue a general permit covering
6    numerous similar sources, except for affected sources for
7    acid deposition unless otherwise provided in regulations
8    promulgated under Title IV of the Clean Air Act.
9        b. The Agency shall identify, in any general permit,
10    criteria by which sources may qualify for the general
11    permit.
12        c. CAAPP sources that would qualify for a general
13    permit must apply for coverage under the terms of the
14    general permit or must apply for a CAAPP permit consistent
15    with subsection 5 of this Section and applicable
16    regulations.
17        d. The Agency shall comply with the public comment and
18    hearing provisions of this Section as well as the USEPA
19    and affected State review procedures prior to issuance of
20    a general permit.
21        e. When granting a subsequent request by a qualifying
22    CAAPP source for coverage under the terms of a general
23    permit, the Agency shall not be required to repeat the
24    public notice and comment procedures. The granting of such
25    request shall not be considered a final permit action for

 

 

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

 

 

HB4197- 110 -LRB103 34760 LNS 64610 b

1            i. An owner or operator of a CAAPP source may make
2        Section 502 (b) (10) changes without a permit
3        revision, if the changes are not modifications under
4        any provision of Title I of the Clean Air Act and the
5        changes do not exceed the emissions allowable under
6        the permit (whether expressed therein as a rate of
7        emissions or in terms of total emissions).
8                A. For each such change, the written
9            notification required above shall include a brief
10            description of the change within the source, the
11            date on which the change will occur, any change in
12            emissions, and any permit term or condition that
13            is no longer applicable as a result of the change.
14                B. The permit shield described in paragraph
15            (j) of subsection 7 of this Section shall not
16            apply to any change made pursuant to this
17            subparagraph.
18            ii. An owner or operator of a CAAPP source may
19        trade increases and decreases in emissions in the
20        CAAPP source, where the applicable implementation plan
21        provides for such emission trades without requiring a
22        permit revision. This provision is available in those
23        cases where the permit does not already provide for
24        such emissions trading.
25                A. Under this subparagraph (ii) of paragraph
26            (a) of this subsection, the written notification

 

 

HB4197- 111 -LRB103 34760 LNS 64610 b

1            required above shall include such information as
2            may be required by the provision in the applicable
3            implementation plan authorizing the emissions
4            trade, including at a minimum, when the proposed
5            changes will occur, a description of each such
6            change, any change in emissions, the permit
7            requirements with which the source will comply
8            using the emissions trading provisions of the
9            applicable implementation plan, and the pollutants
10            emitted subject to the emissions trade. The notice
11            shall also refer to the provisions in the
12            applicable implementation plan with which the
13            source will comply and provide for the emissions
14            trade.
15                B. The permit shield described in paragraph
16            (j) of subsection 7 of this Section shall not
17            apply to any change made pursuant to subparagraph
18            (ii) of paragraph (a) of this subsection.
19            Compliance with the permit requirements that the
20            source will meet using the emissions trade shall
21            be determined according to the requirements of the
22            applicable implementation plan authorizing the
23            emissions trade.
24            iii. If requested within a CAAPP application, the
25        Agency shall issue a CAAPP permit which contains terms
26        and conditions, including all terms required under

 

 

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1        subsection 7 of this Section to determine compliance,
2        allowing for the trading of emissions increases and
3        decreases at the CAAPP source solely for the purpose
4        of complying with a federally-enforceable emissions
5        cap that is established in the permit independent of
6        otherwise applicable requirements. The owner or
7        operator of a CAAPP source shall include in its CAAPP
8        application proposed replicable procedures and permit
9        terms that ensure the emissions trades are
10        quantifiable and enforceable. The permit shall also
11        require compliance with all applicable requirements.
12                A. Under this subparagraph (iii) of paragraph
13            (a), the written notification required above shall
14            state when the change will occur and shall
15            describe the changes in emissions that will result
16            and how these increases and decreases in emissions
17            will comply with the terms and conditions of the
18            permit.
19                B. The permit shield described in paragraph
20            (j) of subsection 7 of this Section shall extend
21            to terms and conditions that allow such increases
22            and decreases in emissions.
23        b. An owner or operator of a CAAPP source may make
24    changes that are not addressed or prohibited by the
25    permit, other than those which are subject to any
26    requirements under Title IV of the Clean Air Act or are

 

 

HB4197- 113 -LRB103 34760 LNS 64610 b

1    modifications under any provisions of Title I of the Clean
2    Air Act, without a permit revision, in accordance with the
3    following requirements:
4            (i) Each such change shall meet all applicable
5        requirements and shall not violate any existing permit
6        term or condition;
7            (ii) Sources must provide contemporaneous written
8        notice to the Agency and USEPA of each such change,
9        except for changes that qualify as insignificant under
10        provisions adopted by the Agency or the Board. Such
11        written notice shall describe each such change,
12        including the date, any change in emissions,
13        pollutants emitted, and any applicable requirement
14        that would apply as a result of the change;
15            (iii) The change shall not qualify for the shield
16        described in paragraph (j) of subsection 7 of this
17        Section; and
18            (iv) The permittee shall keep a record describing
19        changes made at the source that result in emissions of
20        a regulated air pollutant subject to an applicable
21        Clean Air Act requirement, but not otherwise regulated
22        under the permit, and the emissions resulting from
23        those changes.
24        c. The Agency shall have the authority to adopt
25    procedural rules, in accordance with the Illinois
26    Administrative Procedure Act, as the Agency deems

 

 

HB4197- 114 -LRB103 34760 LNS 64610 b

1    necessary to implement this subsection.
 
2    13. Administrative Permit Amendments.
3        a. The Agency shall take final action on a request for
4    an administrative permit amendment within 60 days after
5    receipt of the request. Neither notice nor an opportunity
6    for public and affected State comment shall be required
7    for the Agency to incorporate such revisions, provided it
8    designates the permit revisions as having been made
9    pursuant to this subsection.
10        b. The Agency shall submit a copy of the revised
11    permit to USEPA.
12        c. For purposes of this Section the term
13    "administrative permit amendment" shall be defined as a
14    permit revision that can accomplish one or more of the
15    changes described below:
16            i. Corrects typographical errors;
17            ii. Identifies a change in the name, address, or
18        phone number of any person identified in the permit,
19        or provides a similar minor administrative change at
20        the source;
21            iii. Requires more frequent monitoring or
22        reporting by the permittee;
23            iv. Allows for a change in ownership or
24        operational control of a source where the Agency
25        determines that no other change in the permit is

 

 

HB4197- 115 -LRB103 34760 LNS 64610 b

1        necessary, provided that a written agreement
2        containing a specific date for transfer of permit
3        responsibility, coverage, and liability between the
4        current and new permittees has been submitted to the
5        Agency;
6            v. Incorporates into the CAAPP permit the
7        requirements from preconstruction review permits
8        authorized under a USEPA-approved program, provided
9        the program meets procedural and compliance
10        requirements substantially equivalent to those
11        contained in this Section;
12            vi. (Blank); or
13            vii. Any other type of change which USEPA has
14        determined as part of the approved CAAPP permit
15        program to be similar to those included in this
16        subsection.
17        d. The Agency shall, upon taking final action granting
18    a request for an administrative permit amendment, allow
19    coverage by the permit shield in paragraph (j) of
20    subsection 7 of this Section for administrative permit
21    amendments made pursuant to subparagraph (v) of paragraph
22    (c) of this subsection which meet the relevant
23    requirements for significant permit modifications.
24        e. Permit revisions and modifications, including
25    administrative amendments and automatic amendments
26    (pursuant to Sections 408(b) and 403(d) of the Clean Air

 

 

HB4197- 116 -LRB103 34760 LNS 64610 b

1    Act or regulations promulgated thereunder), for purposes
2    of the acid rain portion of the permit shall be governed by
3    the regulations promulgated under Title IV of the Clean
4    Air Act. Owners or operators of affected sources for acid
5    deposition shall have the flexibility to amend their
6    compliance plans as provided in the regulations
7    promulgated under Title IV of the Clean Air Act.
8        f. The CAAPP source may implement the changes
9    addressed in the request for an administrative permit
10    amendment immediately upon submittal of the request.
11        g. The Agency shall have the authority to adopt
12    procedural rules, in accordance with the Illinois
13    Administrative Procedure Act, as the Agency deems
14    necessary, to implement this subsection.
 
15    14. Permit Modifications.
16        a. Minor permit modification procedures.
17            i. The Agency shall review a permit modification
18        using the "minor permit" modification procedures only
19        for those permit modifications that:
20                A. Do not violate any applicable requirement;
21                B. Do not involve significant changes to
22            existing monitoring, reporting, or recordkeeping
23            requirements in the permit;
24                C. Do not require a case-by-case determination
25            of an emission limitation or other standard, or a

 

 

HB4197- 117 -LRB103 34760 LNS 64610 b

1            source-specific determination of ambient impacts,
2            or a visibility or increment analysis;
3                D. Do not seek to establish or change a permit
4            term or condition for which there is no
5            corresponding underlying requirement and which
6            avoids an applicable requirement to which the
7            source would otherwise be subject. Such terms and
8            conditions include:
9                    1. A federally enforceable emissions cap
10                assumed to avoid classification as a
11                modification under any provision of Title I of
12                the Clean Air Act; and
13                    2. An alternative emissions limit approved
14                pursuant to regulations promulgated under
15                Section 112(i)(5) of the Clean Air Act;
16                E. Are not modifications under any provision
17            of Title I of the Clean Air Act; and
18                F. Are not required to be processed as a
19            significant modification.
20            ii. Notwithstanding subparagraph (i) of paragraph
21        (a) and subparagraph (ii) of paragraph (b) of this
22        subsection, minor permit modification procedures may
23        be used for permit modifications involving the use of
24        economic incentives, marketable permits, emissions
25        trading, and other similar approaches, to the extent
26        that such minor permit modification procedures are

 

 

HB4197- 118 -LRB103 34760 LNS 64610 b

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

 

 

HB4197- 119 -LRB103 34760 LNS 64610 b

1        paragraph (d) of subsection 8 of this Section to
2        USEPA.
3            v. The Agency may not issue a final permit
4        modification until after the 45-day review period for
5        USEPA or until USEPA has notified the Agency that
6        USEPA will not object to the issuance of the permit
7        modification, whichever comes first, although the
8        Agency can approve the permit modification prior to
9        that time. Within 90 days after the Agency's receipt
10        of an application under the minor permit modification
11        procedures or 15 days after the end of USEPA's 45-day
12        review period under subsection 9 of this Section,
13        whichever is later, the Agency shall:
14                A. Issue the permit modification as proposed;
15                B. Deny the permit modification application;
16                C. Determine that the requested modification
17            does not meet the minor permit modification
18            criteria and should be reviewed under the
19            significant modification procedures; or
20                D. Revise the draft permit modification and
21            transmit to USEPA the new proposed permit
22            modification as required by subsection 9 of this
23            Section.
24            vi. Any CAAPP source may make the change proposed
25        in its minor permit modification application
26        immediately after it files such application. After the

 

 

HB4197- 120 -LRB103 34760 LNS 64610 b

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

 

 

HB4197- 121 -LRB103 34760 LNS 64610 b

1        applications pursuant to subparagraph (v) of paragraph
2        (a) of subsection 14 of this Section. The source may
3        make the proposed change immediately after filing its
4        application for the minor permit modification. Nothing
5        in this subparagraph shall otherwise affect the
6        requirements and procedures applicable to construction
7        permits.
8        b. Group Processing of Minor Permit Modifications.
9            i. Where requested by an applicant within its
10        application, the Agency shall process groups of a
11        source's applications for certain modifications
12        eligible for minor permit modification processing in
13        accordance with the provisions of this paragraph (b).
14            ii. Permit modifications may be processed in
15        accordance with the procedures for group processing,
16        for those modifications:
17                A. Which meet the criteria for minor permit
18            modification procedures under subparagraph (i) of
19            paragraph (a) of subsection 14 of this Section;
20            and
21                B. That collectively are below 10 percent of
22            the emissions allowed by the permit for the
23            emissions unit for which change is requested, 20
24            percent of the applicable definition of major
25            source set forth in subsection 2 of this Section,
26            or 5 tons per year, whichever is least.

 

 

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

 

 

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1                F. Completed forms for the Agency to use to
2            notify USEPA and affected states as required under
3            subsections 8 and 9 of this Section.
4            iv. On a quarterly basis or within 5 business days
5        after receipt of an application demonstrating that the
6        aggregate of a source's pending applications equals or
7        exceeds the threshold level set forth within item (B)
8        of subparagraph (ii) of paragraph (b) of this
9        subsection, whichever is earlier, the Agency shall
10        promptly notify USEPA and affected States of the
11        requested permit modifications in accordance with
12        subsections 8 and 9 of this Section. The Agency shall
13        send any notice required under paragraph (d) of
14        subsection 8 of this Section to USEPA.
15            v. The provisions of subparagraph (v) of paragraph
16        (a) of this subsection shall apply to modifications
17        eligible for group processing, except that the Agency
18        shall take one of the actions specified in items (A)
19        through (D) of subparagraph (v) of paragraph (a) of
20        this subsection within 180 days after receipt of the
21        application or 15 days after the end of USEPA's 45-day
22        review period under subsection 9 of this Section,
23        whichever is later.
24            vi. The provisions of subparagraph (vi) of
25        paragraph (a) of this subsection shall apply to
26        modifications for group processing.

 

 

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1            vii. The provisions of paragraph (j) of subsection
2        7 of this Section shall not apply to modifications
3        eligible for group processing.
4        c. Significant Permit Modifications.
5            i. Significant modification procedures shall be
6        used for applications requesting significant permit
7        modifications and for those applications that do not
8        qualify as either minor permit modifications or as
9        administrative permit amendments.
10            ii. Every significant change in existing
11        monitoring permit terms or conditions and every
12        relaxation of reporting or recordkeeping requirements
13        shall be considered significant. A modification shall
14        also be considered significant if in the judgment of
15        the Agency action on an application for modification
16        would require decisions to be made on technically
17        complex issues. Nothing herein shall be construed to
18        preclude the permittee from making changes consistent
19        with this Section that would render existing permit
20        compliance terms and conditions irrelevant.
21            iii. Significant permit modifications must meet
22        all the requirements of this Section, including those
23        for applications (including completeness review),
24        public participation, review by affected States, and
25        review by USEPA applicable to initial permit issuance
26        and permit renewal. The Agency shall take final action

 

 

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1        on significant permit modifications within 9 months
2        after receipt of a complete application.
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    15. Reopenings for Cause by the Agency.
8        a. Each issued CAAPP permit shall include provisions
9    specifying the conditions under which the permit will be
10    reopened prior to the expiration of the permit. Such
11    revisions shall be made as expeditiously as practicable. A
12    CAAPP permit shall be reopened and revised under any of
13    the following circumstances, in accordance with procedures
14    adopted by the Agency:
15            i. Additional requirements under the Clean Air Act
16        become applicable to a major CAAPP source for which 3
17        or more years remain on the original term of the
18        permit. Such a reopening shall be completed not later
19        than 18 months after the promulgation of the
20        applicable requirement. No such revision is required
21        if the effective date of the requirement is later than
22        the date on which the permit is due to expire.
23            ii. Additional requirements (including excess
24        emissions requirements) become applicable to an
25        affected source for acid deposition under the acid

 

 

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1        rain program. Excess emissions offset plans shall be
2        deemed to be incorporated into the permit upon
3        approval by USEPA.
4            iii. The Agency or USEPA determines that the
5        permit contains a material mistake or that inaccurate
6        statements were made in establishing the emissions
7        standards, limitations, or other terms or conditions
8        of the permit.
9            iv. The Agency or USEPA determines that the permit
10        must be revised or revoked to assure compliance with
11        the applicable requirements.
12        b. In the event that the Agency determines that there
13    are grounds for revoking a CAAPP permit, for cause,
14    consistent with paragraph a of this subsection, it shall
15    file a petition before the Board setting forth the basis
16    for such revocation. In any such proceeding, the Agency
17    shall have the burden of establishing that the permit
18    should be revoked under the standards set forth in this
19    Act and the Clean Air Act. Any such proceeding shall be
20    conducted pursuant to the Board's procedures for
21    adjudicatory hearings and the Board shall render its
22    decision within 120 days of the filing of the petition.
23    The Agency shall take final action to revoke and reissue a
24    CAAPP permit consistent with the Board's order.
25        c. Proceedings regarding a reopened CAAPP permit shall
26    follow the same procedures as apply to initial permit

 

 

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1    issuance and shall affect only those parts of the permit
2    for which cause to reopen exists.
3        d. Reopenings under paragraph (a) of this subsection
4    shall not be initiated before a notice of such intent is
5    provided to the CAAPP source by the Agency at least 30 days
6    in advance of the date that the permit is to be reopened,
7    except that the Agency may provide a shorter time period
8    in the case of an emergency.
9        e. The Agency shall have the authority to adopt
10    procedural rules, in accordance with the Illinois
11    Administrative Procedure Act, as the Agency deems
12    necessary, to implement this subsection.
 
13    16. Reopenings for Cause by USEPA.
14        a. When USEPA finds that cause exists to terminate,
15    modify, or revoke and reissue a CAAPP permit pursuant to
16    subsection 15 of this Section, and thereafter notifies the
17    Agency and the permittee of such finding in writing, the
18    Agency shall forward to USEPA and the permittee a proposed
19    determination of termination, modification, or revocation
20    and reissuance as appropriate, in accordance with
21    paragraph (b) of this subsection. The Agency's proposed
22    determination shall be in accordance with the record, the
23    Clean Air Act, regulations promulgated thereunder, this
24    Act and regulations promulgated thereunder. Such proposed
25    determination shall not affect the permit or constitute a

 

 

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1    final permit action for purposes of this Act or the
2    Administrative Review Law. The Agency shall forward to
3    USEPA such proposed determination within 90 days after
4    receipt of the notification from USEPA. If additional time
5    is necessary to submit the proposed determination, the
6    Agency shall request a 90-day extension from USEPA and
7    shall submit the proposed determination within 180 days
8    after receipt of notification from USEPA.
9            b. i. Prior to the Agency's submittal to USEPA of a
10        proposed determination to terminate or revoke and
11        reissue the permit, the Agency shall file a petition
12        before the Board setting forth USEPA's objection, the
13        permit record, the Agency's proposed determination,
14        and the justification for its proposed determination.
15        The Board shall conduct a hearing pursuant to the
16        rules prescribed by Section 32 of this Act, and the
17        burden of proof shall be on the Agency.
18            ii. After due consideration of the written and
19        oral statements, the testimony and arguments that
20        shall be submitted at hearing, the Board shall issue
21        and enter an interim order for the proposed
22        determination, which shall set forth all changes, if
23        any, required in the Agency's proposed determination.
24        The interim order shall comply with the requirements
25        for final orders as set forth in Section 33 of this
26        Act. Issuance of an interim order by the Board under

 

 

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

 

 

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1        Agency's comments and recommendation and issue a final
2        order in accordance with Sections 32 and 33 of this
3        Act. The Agency shall, within 90 days after receipt of
4        such objection, respond to USEPA's objection in
5        accordance with the Board's final order.
6            iii. When USEPA reviews such proposed
7        determination to modify and objects, the Agency shall,
8        within 90 days after receipt of the objection, resolve
9        the objection and modify the permit in accordance with
10        USEPA's objection, based upon the record, the Clean
11        Air Act, regulations promulgated thereunder, this Act,
12        and regulations promulgated thereunder.
13        d. If the Agency fails to submit the proposed
14    determination pursuant to paragraph a of this subsection
15    or fails to resolve any USEPA objection pursuant to
16    paragraph c of this subsection, USEPA will terminate,
17    modify, or revoke and reissue the permit.
18        e. The Agency shall have the authority to adopt
19    procedural rules, in accordance with the Illinois
20    Administrative Procedure Act, as the Agency deems
21    necessary, to implement this subsection.
 
22    17. Title IV; Acid Rain Provisions.
23        a. The Agency shall act on initial CAAPP applications
24    for affected sources for acid deposition in accordance
25    with this Section and Title V of the Clean Air Act and

 

 

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1    regulations promulgated thereunder, except as modified by
2    Title IV of the Clean Air Act and regulations promulgated
3    thereunder. The Agency shall issue initial CAAPP permits
4    to the affected sources for acid deposition which shall
5    become effective no earlier than January 1, 1995, and
6    which shall terminate on December 31, 1999, in accordance
7    with this Section. Subsequent CAAPP permits issued to
8    affected sources for acid deposition shall be issued for a
9    fixed term of 5 years. Title IV of the Clean Air Act and
10    regulations promulgated thereunder, including but not
11    limited to 40 C.F.R. Part 72, as now or hereafter amended,
12    are applicable to and enforceable under this Act.
13        b. A designated representative of an affected source
14    for acid deposition shall submit a timely and complete
15    Phase II acid rain permit application and compliance plan
16    to the Agency, not later than January 1, 1996, that meets
17    the requirements of Titles IV and V of the Clean Air Act
18    and regulations. The Agency shall act on the Phase II acid
19    rain permit application and compliance plan in accordance
20    with this Section and Title V of the Clean Air Act and
21    regulations promulgated thereunder, except as modified by
22    Title IV of the Clean Air Act and regulations promulgated
23    thereunder. The Agency shall issue the Phase II acid rain
24    permit to an affected source for acid deposition no later
25    than December 31, 1997, which shall become effective on
26    January 1, 2000, in accordance with this Section, except

 

 

HB4197- 132 -LRB103 34760 LNS 64610 b

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

 

 

HB4197- 133 -LRB103 34760 LNS 64610 b

1    under Title IV of the Clean Air Act and its regulations.
2        e. A designated representative of an affected source
3    for acid deposition shall submit a timely and complete
4    Title IV NOx permit application to the Agency, not later
5    than January 1, 1998, that meets the requirements of
6    Titles IV and V of the Clean Air Act and its regulations.
7    The Agency shall reopen the Phase II acid rain permit for
8    cause and incorporate the approved NOx provisions into the
9    Phase II acid rain permit not later than January 1, 1999,
10    in accordance with this Section, except as modified by
11    Title IV of the Clean Air Act and regulations promulgated
12    thereunder. Such reopening shall not affect the term of
13    the Phase II acid rain permit.
14        f. The designated representative of the affected
15    source for acid deposition shall renew the initial CAAPP
16    permit and Phase II acid rain permit in accordance with
17    this Section and Title V of the Clean Air Act and
18    regulations promulgated thereunder, except as modified by
19    Title IV of the Clean Air Act and regulations promulgated
20    thereunder.
21        g. In the case of an affected source for acid
22    deposition for which a complete Phase II acid rain permit
23    application and compliance plan are timely received under
24    this subsection, the complete permit application and
25    compliance plan, including amendments thereto, shall be
26    binding on the owner, operator and designated

 

 

HB4197- 134 -LRB103 34760 LNS 64610 b

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

 

 

HB4197- 135 -LRB103 34760 LNS 64610 b

1        according to the procedures established in regulations
2        promulgated under Title IV of the Clean Air Act.
3        j. To the extent that the federal regulations
4    promulgated under Title IV, including but not limited to
5    40 C.F.R. Part 72, as now or hereafter amended, are
6    inconsistent with the federal regulations promulgated
7    under Title V, the federal regulations promulgated under
8    Title IV shall take precedence.
9        k. The USEPA may intervene as a matter of right in any
10    permit appeal involving a Phase II acid rain permit
11    provision or denial of a Phase II acid rain permit.
12        l. It is unlawful for any owner or operator to violate
13    any terms or conditions of a Phase II acid rain permit
14    issued under this subsection, to operate any affected
15    source for acid deposition except in compliance with a
16    Phase II acid rain permit issued by the Agency under this
17    subsection, or to violate any other applicable
18    requirements.
19        m. The designated representative of an affected source
20    for acid deposition shall submit to the Agency the data
21    and information submitted quarterly to USEPA, pursuant to
22    40 CFR 75.64, concurrently with the submission to USEPA.
23    The submission shall be in the same electronic format as
24    specified by USEPA.
25        n. The Agency shall act on any petition for exemption
26    of a new unit or retired unit, as those terms are defined

 

 

HB4197- 136 -LRB103 34760 LNS 64610 b

1    in Section 402 of the Clean Air Act, from the requirements
2    of the acid rain program in accordance with Title IV of the
3    Clean Air Act and its regulations.
4        o. The Agency shall have the authority to adopt
5    procedural rules, in accordance with the Illinois
6    Administrative Procedure Act, as the Agency deems
7    necessary to implement this subsection.
 
8    18. Fee Provisions.
9        a. A source subject to this Section or excluded under
10    subsection 1.1 or paragraph (c) of subsection 3 of this
11    Section, shall pay a fee as provided in this paragraph (a)
12    of subsection 18. However, a source that has been excluded
13    from the provisions of this Section under subsection 1.1
14    or under paragraph (c) of subsection 3 of this Section
15    because the source emits less than 25 tons per year of any
16    combination of regulated air pollutants, except greenhouse
17    gases, shall pay fees in accordance with paragraph (1) of
18    subsection (b) of Section 9.6.
19            i. The fee for a source allowed to emit less than
20        100 tons per year of any combination of regulated air
21        pollutants, except greenhouse gases, shall be $1,800
22        per year, and that fee shall increase, beginning
23        January 1, 2012, to $2,150 per year.
24            ii. The fee for a source allowed to emit 100 tons
25        or more per year of any combination of regulated air

 

 

HB4197- 137 -LRB103 34760 LNS 64610 b

1        pollutants, except greenhouse gases and those
2        regulated air pollutants excluded in paragraph (f) of
3        this subsection 18, shall be as follows:
4                A. The Agency shall assess a fee of $18 per
5            ton, per year for the allowable emissions of
6            regulated air pollutants subject to this
7            subparagraph (ii) of paragraph (a) of subsection
8            18, and that fee shall increase, beginning January
9            1, 2012, to $21.50 per ton, per year. These fees
10            shall be used by the Agency and the Board to fund
11            the activities required by Title V of the Clean
12            Air Act including such activities as may be
13            carried out by other State or local agencies
14            pursuant to paragraph (d) of this subsection. The
15            amount of such fee shall be based on the
16            information supplied by the applicant in its
17            complete CAAPP permit application or in the CAAPP
18            permit if the permit has been granted and shall be
19            determined by the amount of emissions that the
20            source is allowed to emit annually, provided
21            however, that the maximum fee for a CAAPP permit
22            under this subparagraph (ii) of paragraph (a) of
23            subsection 18 is $250,000, and increases,
24            beginning January 1, 2012, to $294,000. Beginning
25            January 1, 2012, the maximum fee under this
26            subparagraph (ii) of paragraph (a) of subsection

 

 

HB4197- 138 -LRB103 34760 LNS 64610 b

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

 

 

HB4197- 139 -LRB103 34760 LNS 64610 b

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
8            may 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 Clean Air Act Permit Fund
17    (formerly known as the CAA Permit Fund). All Funds
18    collected by the Agency pursuant to this subsection shall
19    be deposited into the Fund. The General Assembly shall
20    appropriate monies from this Fund to the Agency and to the
21    Board to carry out their obligations under this Section.
22    The General Assembly may also authorize monies to be
23    granted by the Agency from this Fund to other State and
24    local agencies which perform duties related to the CAAPP.
25    Interest generated on the monies deposited in this Fund
26    shall be returned to the Fund.

 

 

HB4197- 140 -LRB103 34760 LNS 64610 b

1        e. The Agency shall have the authority to adopt
2    procedural rules, in accordance with the Illinois
3    Administrative Procedure Act, as the Agency deems
4    necessary to implement this subsection.
5        f. For purposes of this subsection, the term
6    "regulated air pollutant" shall have the meaning given to
7    it under subsection 1 of this Section but shall exclude
8    the following:
9            i. carbon monoxide;
10            ii. any Class I or II substance which is a
11        regulated air pollutant solely because it is listed
12        pursuant to Section 602 of the Clean Air Act; and
13            iii. any pollutant that is a regulated air
14        pollutant solely because it is subject to a standard
15        or regulation under Section 112(r) of the Clean Air
16        Act based on the emissions allowed in the permit
17        effective in that calendar year, at the time the
18        applicable bill is generated.
 
19    19. Air Toxics Provisions.
20        a. In the event that the USEPA fails to promulgate in a
21    timely manner a standard pursuant to Section 112(d) of the
22    Clean Air Act, the Agency shall have the authority to
23    issue permits, pursuant to Section 112(j) of the Clean Air
24    Act and regulations promulgated thereunder, which contain
25    emission limitations which are equivalent to the emission

 

 

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1    limitations that would apply to a source if an emission
2    standard had been promulgated in a timely manner by USEPA
3    pursuant to Section 112(d). Provided, however, that the
4    owner or operator of a source shall have the opportunity
5    to submit to the Agency a proposed emission limitation
6    which it determines to be equivalent to the emission
7    limitations that would apply to such source if an emission
8    standard had been promulgated in a timely manner by USEPA.
9    If the Agency refuses to include the emission limitation
10    proposed by the owner or operator in a CAAPP permit, the
11    owner or operator may petition the Board to establish
12    whether the emission limitation proposal submitted by the
13    owner or operator provides for emission limitations which
14    are equivalent to the emission limitations that would
15    apply to the source if the emission standard had been
16    promulgated by USEPA in a timely manner. The Board shall
17    determine whether the emission limitation proposed by the
18    owner or operator or an alternative emission limitation
19    proposed by the Agency provides for the level of control
20    required under Section 112 of the Clean Air Act, or shall
21    otherwise establish an appropriate emission limitation,
22    pursuant to Section 112 of the Clean Air Act.
23        b. Any Board proceeding brought under paragraph (a) or
24    (e) of this subsection shall be conducted according to the
25    Board's procedures for adjudicatory hearings and the Board
26    shall render its decision within 120 days of the filing of

 

 

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1    the petition. Any such decision shall be subject to review
2    pursuant to Section 41 of this Act. Where USEPA
3    promulgates an applicable emission standard prior to the
4    issuance of the CAAPP permit, the Agency shall include in
5    the permit the promulgated standard, provided that the
6    source shall have the compliance period provided under
7    Section 112(i) of the Clean Air Act. Where USEPA
8    promulgates an applicable standard subsequent to the
9    issuance of the CAAPP permit, the Agency shall revise such
10    permit upon the next renewal to reflect the promulgated
11    standard, providing a reasonable time for the applicable
12    source to comply with the standard, but no longer than 8
13    years after the date on which the source is first required
14    to comply with the emissions limitation established under
15    this subsection.
16        c. The Agency shall have the authority to implement
17    and enforce complete or partial emission standards
18    promulgated by USEPA pursuant to Section 112(d), and
19    standards promulgated by USEPA pursuant to Sections
20    112(f), 112(h), 112(m), and 112(n), and may accept
21    delegation of authority from USEPA to implement and
22    enforce Section 112(l) and requirements for the prevention
23    and detection of accidental releases pursuant to Section
24    112(r) of the Clean Air Act.
25        d. The Agency shall have the authority to issue
26    permits pursuant to Section 112(i)(5) of the Clean Air

 

 

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1    Act.
2        e. The Agency has the authority to implement Section
3    112(g) of the Clean Air Act consistent with the Clean Air
4    Act and federal regulations promulgated thereunder. If the
5    Agency refuses to include the emission limitations
6    proposed in an application submitted by an owner or
7    operator for a case-by-case maximum achievable control
8    technology (MACT) determination, the owner or operator may
9    petition the Board to determine whether the emission
10    limitation proposed by the owner or operator or an
11    alternative emission limitation proposed by the Agency
12    provides for a level of control required by Section 112 of
13    the Clean Air Act, or to otherwise establish an
14    appropriate emission limitation under Section 112 of the
15    Clean Air Act.
 
16    20. Small Business.
17        a. For purposes of this subsection:
18        "Program" is the Small Business Stationary Source
19    Technical and Environmental Compliance Assistance Program
20    created within this State pursuant to Section 507 of the
21    Clean Air Act and guidance promulgated thereunder, to
22    provide technical assistance and compliance information to
23    small business stationary sources;
24        "Small Business Assistance Program" is a component of
25    the Program responsible for providing sufficient

 

 

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1    communications with small businesses through the
2    collection and dissemination of information to small
3    business stationary sources; and
4        "Small Business Stationary Source" means a stationary
5    source that:
6            1. is owned or operated by a person that employs
7        100 or fewer individuals;
8            2. is a small business concern as defined in the
9        "Small Business Act";
10            3. is not a major source as that term is defined in
11        subsection 2 of this Section;
12            4. does not emit 50 tons or more per year of any
13        regulated air pollutant, except greenhouse gases; and
14            5. emits less than 75 tons per year of all
15        regulated pollutants, except greenhouse gases.
16        b. The Agency shall adopt and submit to USEPA, after
17    reasonable notice and opportunity for public comment, as a
18    revision to the Illinois state implementation plan, plans
19    for establishing the Program.
20        c. The Agency shall have the authority to enter into
21    such contracts and agreements as the Agency deems
22    necessary to carry out the purposes of this subsection.
23        d. The Agency may establish such procedures as it may
24    deem necessary for the purposes of implementing and
25    executing its responsibilities under this subsection.
26        e. There shall be appointed a Small Business Ombudsman

 

 

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1    (hereinafter in this subsection referred to as
2    "Ombudsman") to monitor the Small Business Assistance
3    Program. The Ombudsman shall be a nonpartisan designated
4    official, with the ability to independently assess whether
5    the goals of the Program are being met.
6        f. The State Ombudsman Office shall be located in an
7    existing Ombudsman office within the State or in any State
8    Department.
9        g. There is hereby created a State Compliance Advisory
10    Panel (hereinafter in this subsection referred to as
11    "Panel") for determining the overall effectiveness of the
12    Small Business Assistance Program within this State.
13        h. The selection of Panel members shall be by the
14    following method:
15            1. The Governor shall select two members who are
16        not owners or representatives of owners of small
17        business stationary sources to represent the general
18        public;
19            2. The Director of the Agency shall select one
20        member to represent the Agency; and
21            3. The State Legislature shall select four members
22        who are owners or representatives of owners of small
23        business stationary sources. Both the majority and
24        minority leadership in both Houses of the Legislature
25        shall appoint one member of the panel.
26        i. Panel members should serve without compensation but

 

 

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1    will receive full reimbursement for expenses including
2    travel and per diem as authorized within this State.
3        j. The Panel shall select its own Chair by a majority
4    vote. The Chair may meet and consult with the Ombudsman
5    and the head of the Small Business Assistance Program in
6    planning the activities for the Panel.
 
7    21. Temporary Sources.
8        a. The Agency may issue a single permit authorizing
9    emissions from similar operations by the same source owner
10    or operator at multiple temporary locations, except for
11    sources which are affected sources for acid deposition
12    under Title IV of the Clean Air Act.
13        b. The applicant must demonstrate that the operation
14    is temporary and will involve at least one change of
15    location during the term of the permit.
16        c. Any such permit shall meet all applicable
17    requirements of this Section and applicable regulations,
18    and include conditions assuring compliance with all
19    applicable requirements at all authorized locations and
20    requirements that the owner or operator notify the Agency
21    at least 10 days in advance of each change in location.
 
22    22. Solid Waste Incineration Units.
23        a. A CAAPP permit for a solid waste incineration unit
24    combusting municipal waste subject to standards

 

 

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1    promulgated under Section 129(e) of the Clean Air Act
2    shall be issued for a period of 12 years and shall be
3    reviewed every 5 years, unless the Agency requires more
4    frequent review through Agency procedures.
5        b. During the review in paragraph (a) of this
6    subsection, the Agency shall fully review the previously
7    submitted CAAPP permit application and corresponding
8    reports subsequently submitted to determine whether the
9    source is in compliance with all applicable requirements.
10        c. If the Agency determines that the source is not in
11    compliance with all applicable requirements it shall
12    revise the CAAPP permit as appropriate.
13        d. The Agency shall have the authority to adopt
14    procedural rules, in accordance with the Illinois
15    Administrative Procedure Act, as the Agency deems
16    necessary, to implement this subsection.
17(Source: P.A. 99-380, eff. 8-17-15; 99-933, eff. 1-27-17;
18100-103, eff. 8-11-17.)
 
19    (415 ILCS 5/39.15 new)
20    Sec. 39.15. Environmental justice considerations in
21permitting.
22    (a) The following public participation requirements for
23permitting transactions in an environmental justice community
24must be complied with:
25        (1) If an application for a permit, permit renewal, or

 

 

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

 

 

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1    address of the permit applicant and the facility or
2    proposed facility; and (ii) the activity or activities at
3    the facility or proposed facility being permitted.
4    (b) If the population of individuals who reside within one
5mile of the site or facility includes individuals within a
6linguistically isolated community, then the Agency must also
7provide:
8        (1) all public notices required by this Section in a
9    multilingual format appropriate to the needs of the
10    linguistically isolated community; and
11        (2) oral and written translation services at public
12    hearings.
13    (c) For permit applications for facilities in an
14environmental justice community, the Director of the Agency
15may grant extensions of any permitting deadlines established
16in this Act by up to an additional 180 days to allow for
17additional review of the permit application by the Agency or
18additional public participation. Any exercise of this
19authority shall be provided in writing to the permit applicant
20with the specific reason and new permitting deadline.
 
21    (415 ILCS 5/40)  (from Ch. 111 1/2, par. 1040)
22    Sec. 40. Appeal of permit denial.
23    (a)(1) If the Agency refuses to grant or grants with
24conditions a permit under Section 39 of this Act, the
25applicant may, within 35 days after the date on which the

 

 

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1Agency served its decision on the applicant, petition for a
2hearing before the Board to contest the decision of the
3Agency. However, the 35-day period for petitioning for a
4hearing may be extended for an additional period of time not to
5exceed 90 days by written notice provided to the Board from the
6applicant and the Agency within the initial appeal period. The
7Board shall give 21 days' notice to any person in the county
8where is located the facility in issue who has requested
9notice of enforcement proceedings and to each member of the
10General Assembly in whose legislative district that
11installation or property is located; and shall publish that
1221-day notice in a newspaper of general circulation in that
13county. The Agency shall appear as respondent in such hearing.
14At such hearing the rules prescribed in Section 32 and
15subsection (a) of Section 33 of this Act shall apply, and the
16burden of proof shall be on the petitioner. If, however, the
17Agency issues an NPDES permit that imposes limits which are
18based upon a criterion or denies a permit based upon
19application of a criterion, then the Agency shall have the
20burden of going forward with the basis for the derivation of
21those limits or criterion which were derived under the Board's
22rules.
23    (2) Except as provided in paragraph (a)(3), if there is no
24final action by the Board within 120 days after the date on
25which it received the petition, the petitioner may deem the
26permit issued under this Act, provided, however, that that

 

 

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1period of 120 days shall not run for any period of time, not to
2exceed 30 days, during which the Board is without sufficient
3membership to constitute the quorum required by subsection (a)
4of Section 5 of this Act, and provided further that such 120
5day period shall not be stayed for lack of quorum beyond 30
6days regardless of whether the lack of quorum exists at the
7beginning of such 120-day period or occurs during the running
8of such 120-day period.
9    (3) Paragraph (a)(2) shall not apply to any permit which
10is subject to subsection (b), (d) or (e) of Section 39. If
11there is no final action by the Board within 120 days after the
12date on which it received the petition, the petitioner shall
13be entitled to an Appellate Court order pursuant to subsection
14(d) of Section 41 of this Act.
15    (b) If the Agency grants a RCRA permit for a hazardous
16waste disposal site, a third party, other than the permit
17applicant or Agency, may, within 35 days after the date on
18which the Agency issued its decision, petition the Board for a
19hearing to contest the issuance of the permit. Unless the
20Board determines that such petition is duplicative or
21frivolous, or that the petitioner is so located as to not be
22affected by the permitted facility, the Board shall hear the
23petition in accordance with the terms of subsection (a) of
24this Section and its procedural rules governing denial
25appeals, such hearing to be based exclusively on the record
26before the Agency. The burden of proof shall be on the

 

 

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1petitioner. The Agency and the permit applicant shall be named
2co-respondents.
3    The provisions of this subsection do not apply to the
4granting of permits issued for the disposal or utilization of
5sludge from publicly owned sewage works.
6    (c) Any party to an Agency proceeding conducted pursuant
7to Section 39.3 of this Act may petition as of right to the
8Board for review of the Agency's decision within 35 days from
9the date of issuance of the Agency's decision, provided that
10such appeal is not duplicative or frivolous. However, the
1135-day period for petitioning for a hearing may be extended by
12the applicant for a period of time not to exceed 90 days by
13written notice provided to the Board from the applicant and
14the Agency within the initial appeal period. If another person
15with standing to appeal wishes to obtain an extension, there
16must be a written notice provided to the Board by that person,
17the Agency, and the applicant, within the initial appeal
18period. The decision of the Board shall be based exclusively
19on the record compiled in the Agency proceeding. In other
20respects the Board's review shall be conducted in accordance
21with subsection (a) of this Section and the Board's procedural
22rules governing permit denial appeals.
23    (d) In reviewing the denial or any condition of a NA NSR
24permit issued by the Agency pursuant to rules and regulations
25adopted under subsection (c) of Section 9.1 of this Act, the
26decision of the Board shall be based exclusively on the record

 

 

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

 

 

HB4197- 154 -LRB103 34760 LNS 64610 b

1shall be on the petitioner. The Agency and permit applicant
2shall be named co-respondents.
3    (f) Any person who files a petition to contest the
4issuance of a permit by the Agency shall pay a filing fee.
5    (g) If the Agency grants or denies a permit under
6subsection (y) of Section 39, a third party, other than the
7permit applicant or Agency, may appeal the Agency's decision
8as provided under federal law for CCR surface impoundment
9permits.
10    (h) If the Agency grants a permit to construct, modify, or
11operate a facility that emits air pollutants and is classified
12as a minor source, a third party, other than the permit
13applicant or Agency, may, within 35 days after the date on
14which the Agency issued its decision, petition the Board for a
15hearing to contest the issuance of the permit. Unless the
16Board determines that the petition is duplicative or frivolous
17or that the petitioner is so located as to not be affected by
18the permitted facility, the Board shall hear the petition in
19accordance with the terms of subsection (a) of this Section
20and its procedural rules governing denial appeals. The hearing
21shall be based exclusively on the record before the Agency.
22The burden of proof shall be on the petitioner. The Agency and
23the permit applicant shall be named co-respondents.
24(Source: P.A. 101-171, eff. 7-30-19; 102-558, eff. 8-20-21.)
 
25    (415 ILCS 5/40.4 new)

 

 

HB4197- 155 -LRB103 34760 LNS 64610 b

1    Sec. 40.4. Environmental justice grievance.
2    (a) An environmental justice grievance process, subject to
3the provisions of this Section, applies to complaints alleging
4violations of Section 601 of the federal Civil Rights Act of
51964.
6    (b) An environmental justice grievance must allege
7discrimination on the basis of an individual's actual or
8perceived race, color, religion, national origin, citizenship,
9ancestry, age, sex, marital status, order of protection
10status, conviction record, arrest record, disability, military
11status, sexual orientation, gender identity, gender
12expression, pregnancy, or unfavorable discharge from military
13service.
14    (c) To initiate the environmental justice grievance
15process a person must file a complaint with the Agency within
1660 days after an alleged violation. The Agency, in its
17discretion, may waive the 60-day deadline for good cause. The
18complaint must:
19        (1) be in writing;
20        (2) describe with specificity the discrimination
21    alleged; and
22        (3) identify the parties impacted by the alleged
23    discrimination.
24    (d) The complaint under subsection (c) must be addressed
25to the Agency as the Agency provides by rule.
26    (e) Within 10 days after receiving the complaint filed

 

 

HB4197- 156 -LRB103 34760 LNS 64610 b

1under subsection (c), the Agency shall provide written notice
2of receipt and acceptance of the complaint. If the Agency
3determines that it has jurisdiction to review the complaint,
4the complaint will be considered meritorious, unless:
5        (1) the complaint clearly appears on its face to be
6    frivolous or trivial;
7        (2) the complaint is not timely and good cause does
8    not exist to waive timeliness;
9        (3) the Agency, within the time allotted to
10    investigate the complaint, voluntarily concedes
11    noncompliance and agrees to take appropriate remedial
12    action or agrees to an informal resolution of the
13    complaint; or
14        (4) the complainant, within the time allotted for the
15    complaint to be investigated, withdraws the complaint.
16    (f) Within 120 days after the date it provides written
17notice of receipt and acceptance of the complaint under
18subsection (e), the Agency shall make a determination of
19jurisdiction and the merits of the complaint, conduct an
20investigation, and provide a proposed resolution, if
21appropriate, to the extent practicable and allowable under
22existing laws and regulations.
23    (g) The Agency may propose, and the Board may adopt, rules
24for the implementation and administration of this Section.

 

 

HB4197- 157 -LRB103 34760 LNS 64610 b

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