93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5095

 

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

 

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

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


LRB093 18652 BDD 44379 b

 

 

A BILL FOR

 

HB5095 LRB093 18652 BDD 44379 b

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

HB5095 - 20 - LRB093 18652 BDD 44379 b

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

 

 

HB5095 - 21 - LRB093 18652 BDD 44379 b

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

 

 

HB5095 - 22 - LRB093 18652 BDD 44379 b

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

 

 

HB5095 - 23 - LRB093 18652 BDD 44379 b

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

 

 

HB5095 - 24 - LRB093 18652 BDD 44379 b

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

 

 

HB5095 - 25 - LRB093 18652 BDD 44379 b

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

 

 

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

 

 

HB5095 - 27 - LRB093 18652 BDD 44379 b

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

HB5095 - 41 - LRB093 18652 BDD 44379 b

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1     plan, including a schedule of compliance, describing how
2     each emission unit will comply with all applicable
3     requirements. Any such schedule of compliance shall be
4     supplemental to, and shall not sanction noncompliance
5     with, the applicable requirements on which it is based.
6         e. Each submitted CAAPP application shall be certified
7     for truth, accuracy, and completeness by a responsible
8     official in accordance with applicable regulations.
9         f. The Agency shall provide notice to a CAAPP applicant
10     as to whether a submitted CAAPP application is complete.
11     Unless the Agency notifies the applicant of
12     incompleteness, within 60 days of receipt of the CAAPP
13     application, the application shall be deemed complete. The
14     Agency may request additional information as needed to make
15     the completeness determination. The Agency may to the
16     extent practicable provide the applicant with a reasonable
17     opportunity to correct deficiencies prior to a final
18     determination of completeness.
19         g. If after the determination of completeness the
20     Agency finds that additional information is necessary to
21     evaluate or take final action on the CAAPP application, the
22     Agency may request in writing such information from the
23     source with a reasonable deadline for response.
24         h. If the owner or operator of a CAAPP source submits a
25     timely and complete CAAPP application, the source's
26     failure to have a CAAPP permit shall not be a violation of
27     this Section until the Agency takes final action on the
28     submitted CAAPP application, provided, however, where the
29     applicant fails to submit the requested information under
30     paragraph 5(g) within the time frame specified by the
31     Agency, this protection shall cease to apply.
32         i. Any applicant who fails to submit any relevant facts
33     necessary to evaluate the subject source and its CAAPP
34     application or who has submitted incorrect information in a
35     CAAPP application shall, upon becoming aware of such
36     failure or incorrect submittal, submit supplementary facts

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1             iii. Significant permit modifications must meet
2         all the requirements of this Section, including those
3         for applications (including completeness review),
4         public participation, review by affected States, and
5         review by USEPA applicable to initial permit issuance
6         and permit renewal. The Agency shall take final action
7         on significant permit modifications within 9 months
8         after receipt of a complete application.
9         d. The Agency shall have the authority to adopt
10     procedural rules, in accordance with the Illinois
11     Administrative Procedure Act, as the Agency deems
12     necessary, to implement this subsection.
 
13     15. Reopenings for Cause by the Agency.
14         a. Each issued CAAPP permit shall include provisions
15     specifying the conditions under which the permit will be
16     reopened prior to the expiration of the permit. Such
17     revisions shall be made as expeditiously as practicable. A
18     CAAPP permit shall be reopened and revised under any of the
19     following circumstances, in accordance with procedures
20     adopted by the Agency:
21             i. Additional requirements under the Clean Air Act
22         become applicable to a major CAAPP source for which 3
23         or more years remain on the original term of the
24         permit. Such a reopening shall be completed not later
25         than 18 months after the promulgation of the applicable
26         requirement. No such revision is required if the
27         effective date of the requirement is later than the
28         date on which the permit is due to expire.
29             ii. Additional requirements (including excess
30         emissions requirements) become applicable to an
31         affected source for acid deposition under the acid rain
32         program. Excess emissions offset plans shall be deemed
33         to be incorporated into the permit upon approval by
34         USEPA.
35             iii. The Agency or USEPA determines that the permit

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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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 (Source: P.A. 92-24, eff. 7-1-01; 93-32, eff. 7-1-03.)
5     (415 ILCS 5/12.6 rep.)
6     Section 10. The Environmental Protection Act is amended by
7 repealing Section 12.6.
8     Section 15. The State Finance Act is amended by adding
9 Section 5.625 as follows:
 
10     (30 ILCS 105/5.625 new)
11     Sec. 5.625. The Illinois Clean Water Fund.
12     Section 99. Effective date. This Act takes effect upon
13 becoming law.