Full Text of HB5849 98th General Assembly
HB5849 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB5849 Introduced , by Rep. Carol A. Sente SYNOPSIS AS INTRODUCED: |
| 415 ILCS 5/9.14 | | 415 ILCS 5/39.10 | | 415 ILCS 5/39.12 | |
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Amends the Environmental Protection Act. Makes changes to provisions concerning the registration of smaller sources, general permits, and permits by rule. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning safety.
| 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 9.14, 39.10, and 39.12 as follows: | 6 | | (415 ILCS 5/9.14) | 7 | | Sec. 9.14. Registration of smaller sources. | 8 | | (a) After the effective date of rules implementing this | 9 | | Section, the owner or operator of an eligible source shall | 10 | | annually register with the Agency instead of complying with the | 11 | | requirement to obtain an air pollution construction or | 12 | | operating permit under this Act. The criteria for determining | 13 | | an eligible source shall include the following: | 14 | | (1) the source must not be required to obtain a permit | 15 | | pursuant to the Illinois Clean Air Act Permit Program or | 16 | | Federally Enforceable State Operating Permit program, or | 17 | | under regulations promulgated pursuant to Section 111 or | 18 | | 112 of the Clean Air Act; | 19 | | (2) the USEPA has not otherwise determined that a | 20 | | permit is required; | 21 | | (3) the source emits less than an actual 20 5 tons per | 22 | | year of combined particulate matter, carbon monoxide, | 23 | | nitrogen oxides, sulfur dioxide, and volatile organic |
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| 1 | | material air pollutant emissions; | 2 | | (4) the source emits less than an actual 2 0.5 tons per | 3 | | year of any single hazardous air pollutant and less than an | 4 | | actual 5 tons per year of a combination of all combined | 5 | | hazardous air pollutant emissions; | 6 | | (5) the source emits less than an actual 0.5 0.05 tons | 7 | | per year of lead air emissions; | 8 | | (6) the source emits less than an actual 0.05 tons per | 9 | | year of mercury air emissions; and | 10 | | (7) the source does not have an emission unit subject | 11 | | to a standard pursuant to 40 CFR Part 61 Maximum Achievable | 12 | | Control Technology, or 40 CFR Part 63 National Emissions | 13 | | Standards for Hazardous Air Pollutants other than those | 14 | | regulations that the USEPA has categorized as "area | 15 | | source". | 16 | | (b) Complete registration of an eligible source, including | 17 | | payment of the required fee as specified in subsection (c) of | 18 | | this Section, shall provide the owner or operator of the | 19 | | eligible source with an exemption from the requirement to | 20 | | obtain an air pollution construction or operating permit under | 21 | | this Act. The registration of smaller sources program does not | 22 | | relieve an owner or operator from the obligation to comply with | 23 | | any other applicable rules or regulations. | 24 | | (c) The owner or operator of an eligible source shall pay | 25 | | an annual registration fee of $235 to the Agency at the time of | 26 | | registration submittal and each year thereafter. Fees |
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| 1 | | collected under this Section shall be deposited into the | 2 | | Environmental Protection Permit and Inspection Fund. | 3 | | (d) The Agency shall propose rules to implement the | 4 | | registration of smaller sources program. Within 120 days after | 5 | | the Agency proposes those rules, the Board shall adopt rules to | 6 | | implement the registration of smaller sources program. These | 7 | | rules may be subsequently amended from time to time pursuant to | 8 | | a proposal filed with the Board by any person, and any | 9 | | necessary amendments shall be adopted by the Board within 120 | 10 | | days after proposal. Such amendments may provide for the | 11 | | alteration or revision of the initial criteria included in | 12 | | subsection (a) of this Section.
| 13 | | (Source: P.A. 97-95, eff. 7-12-11; 97-1081, eff. 8-24-12.) | 14 | | (415 ILCS 5/39.10) | 15 | | Sec. 39.10. General permits. | 16 | | (a) Except as otherwise prohibited by federal law or | 17 | | regulation, the Agency may issue general permits for the | 18 | | construction, installation, or operation of categories of | 19 | | facilities for which permits are required under this Act or | 20 | | Board regulation, provided that such general permits are | 21 | | consistent with federal and State laws and regulations. Such | 22 | | general permits shall include, but shall not be limited to, | 23 | | provisions requiring the following as prerequisites to | 24 | | obtaining coverage under a general permit: (i) the submittal of | 25 | | a notice of intent to be covered by the general permit and (ii) |
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| 1 | | the payment of applicable permitting fees. The Agency may | 2 | | include conditions in such general permits as may be necessary | 3 | | to accomplish the intent of this Act and rules adopted under | 4 | | this Act. | 5 | | (b) Within 6 months after the effective date of this | 6 | | amendatory Act of the 97th General Assembly, the Agency shall, | 7 | | in consultation with the regulated community, identify types of | 8 | | permits for which general permits would be appropriate and | 9 | | consistent with State and federal law and regulations. The | 10 | | types of permits may include, but shall not be limited to, | 11 | | permits for nonhazardous solid waste activities, discharge of | 12 | | storm water from landfills, and discharge of hydrostatic test | 13 | | waters. Within 18 months after the effective date of this | 14 | | amendatory Act of the 97th General Assembly, the Agency shall, | 15 | | in consultation with the regulated community, develop general | 16 | | permits for the types of permits identified pursuant to this | 17 | | subsection (b). | 18 | | (b-5) A request for coverage under the provisions of a | 19 | | general permit shall be considered an application for a permit, | 20 | | and coverage under the terms of a general permit shall be | 21 | | considered a construction permit, operating permit, or both as | 22 | | the circumstances of the general permit dictate. | 23 | | (b-10) If the Agency determines it requires additional | 24 | | rules to implement the provisions of the general permits | 25 | | identified in subsection (b) of this Section, the Agency shall | 26 | | propose to the Board the necessary rules no later than October |
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| 1 | | 1, 2014. Within 120 days after the Agency proposes these rules, | 2 | | the Board shall adopt the rules which may be amended from time | 3 | | to time under a proposal filed with the Board by any person, | 4 | | and any necessary amendments shall be adopted by the Board | 5 | | within 120 days after the proposal. | 6 | | (c) Persons obtaining coverage under a general permit shall | 7 | | be subject to the same permitting fees that apply to persons | 8 | | obtaining individual permits. | 9 | | (d) No person obtaining coverage under a general permit | 10 | | shall violate this Act, rules adopted under this Act, or the | 11 | | terms or conditions of the general permit. | 12 | | (e) This Section does not apply to sources subject to | 13 | | Section 39.5 of this Act.
| 14 | | (Source: P.A. 97-95, eff. 7-12-11.) | 15 | | (415 ILCS 5/39.12) | 16 | | Sec. 39.12. Permits by rule. | 17 | | (a) Except as otherwise prohibited by federal law or | 18 | | regulation, the Board may adopt rules providing for permits by | 19 | | rule for classes of facilities or equipment, provided that the | 20 | | permits by rule are consistent with federal and State laws and | 21 | | regulations. Proposals for permits by rule authorized under | 22 | | this Section may be filed by any person in accordance with | 23 | | Title VII of this Act. | 24 | | (b) Board rules adopted under this Section shall include, | 25 | | but not be limited to, standards as may be necessary to |
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| 1 | | accomplish the intent of this Act and rules adopted under this | 2 | | Act and the terms and conditions for obtaining a permit by rule | 3 | | under this Section, which shall include, but not be limited to, | 4 | | the following as prerequisites to obtaining a permit by rule: | 5 | | (i) the submittal of a notice of intent to be subject to the | 6 | | permit by rule and (ii) the payment of applicable permitting | 7 | | fees. | 8 | | (c) Within one year after the effective date of this | 9 | | amendatory Act of the 97th General Assembly, the Agency shall, | 10 | | in consultation with the regulated community, identify types of | 11 | | permits for which permits by rule would be appropriate and | 12 | | consistent with State and federal law and regulations. The | 13 | | types of permits may include, but shall not be limited to, | 14 | | permits for open burning, certain package boilers and heaters | 15 | | using only natural gas or refinery gas, and certain internal | 16 | | combustion engines. | 17 | | (c-5) The Agency shall propose to the Board one or more of | 18 | | the permit by rule it has identified in subsection (c) of this | 19 | | Section no later than October 1, 2014. Within 120 days after | 20 | | the Agency proposes these rules, the Board shall adopt these | 21 | | rules which may be amended from time to time under a proposal | 22 | | filed with the Board by any person, and any necessary | 23 | | amendments shall be adopted by the Board within 120 days after | 24 | | the proposal. | 25 | | (d) Persons obtaining a permit by rule shall be subject to | 26 | | the same permitting fees that apply to persons obtaining |
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| 1 | | individual permits. | 2 | | (e) No person that has obtained a permit by rule shall | 3 | | violate this Act, rules adopted under this Act, or the terms | 4 | | and conditions of the permit by rule.
| 5 | | (Source: P.A. 97-95, eff. 7-12-11.)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.
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