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90_SB0545enr
415 ILCS 15/3 from Ch. 85, par. 5953
415 ILCS 15/7 from Ch. 85, par. 5957
Amends the Solid Waste Planning and Recycling Act to add
definitions for garbage, hazardous waste, industrial process
waste, landscape waste, pollution control waste, and special
waste. Requires semiannual reports to be made to county
recycling coordinators by persons engaged in collecting or
transporting recyclable materials. Effective immediately.
LRB9001840DPcc
SB545 Enrolled LRB9001840DPcc
1 AN ACT in relation to environmental matters, amending
2 named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Environmental Protection Act is amended by
6 changing Sections 15, 18, 22.2, 39.5, 42, 56, and 56.4 and
7 adding Section 13.4 as follows:
8 (415 ILCS 5/13.4 new)
9 Sec. 13.4. Pretreatment market system.
10 (a) The General Assembly finds:
11 (1) That achieving compliance with federal, State,
12 and local pretreatment regulatory requirements calls for
13 innovative and cost-effective implementation strategies.
14 (2) That economic incentives and market-based
15 approaches can be used to achieve pretreatment compliance
16 in an innovative and cost-effective manner.
17 (3) That development and operation of a
18 pretreatment market system should significantly lessen
19 the economic impacts associated with implementation of
20 the pretreatment requirements and still achieve the
21 desired water quality, sludge quality, and protection of
22 the sewers and treatment system.
23 (b) The Agency shall design a pretreatment market system
24 that will provide more flexibility for municipalities and
25 their tributary dischargers to develop cost-effective
26 solutions and will result in at least the total pollutant
27 reduction as achieved by the current application of federal
28 categorical standards, State pretreatment limits, and locally
29 derived limits, as applicable. Such a system should also
30 assist publicly-owned treatment works in meeting applicable
31 NPDES permit limits and in preventing the discharge of
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1 pollutants in quantities that would interfere with the
2 operation of the municipal sewer system. In developing this
3 system, the Agency shall consult with interested
4 publicly-owned treatment works and tributary dischargers to
5 ensure that relevant economic, environmental, and
6 administrative factors are taken into account. As necessary,
7 the Agency shall also consult with the United States
8 Environmental Protection Agency regarding the suitability of
9 such a system.
10 (c) The Agency may adopt proposed rules for a
11 market-based pretreatment pollutant reduction, banking, and
12 trading system that will enable publicly-owned treatment
13 works and their tributary dischargers to implement
14 cost-effective compliance options. Any proposal shall be
15 adopted in accordance with the provisions of the Illinois
16 Administrative Procedure Act.
17 (d) Notwithstanding the other provisions of this Act, a
18 publicly-owned treatment works may implement a pretreatment
19 market system that is consistent with subsection (b) of this
20 Section, provided that the publicly-owned treatment works:
21 (1) operates an approved local pretreatment program
22 pursuant to State and federal NPDES regulations;
23 (2) is not currently subject to enforcement action
24 for violation of NPDES requirements;
25 (3) receives wastewater from tributary dischargers
26 that are subject to federal categorical pretreatment
27 standards or approved local pretreatment limits; and
28 (4) has modified, as appropriate, the local
29 pretreatment program to incorporate such market system.
30 (e) Prior to implementation of any pretreatment market
31 system, a publicly-owned treatment works shall notify the
32 Agency in writing of its intention and request the Agency to
33 make a consistency determination regarding the local system's
34 conformance with the rules promulgated pursuant to subsection
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1 (c) of this Section. Within 120 days, the Agency shall
2 provide the determination in writing to the publicly-owned
3 treatment works.
4 (f) Notwithstanding the other provisions of this Act,
5 any discharger that is tributary to a publicly-owned
6 treatment works with a pretreatment market system shall be
7 eligible to exchange trading units with dischargers tributary
8 to the same publicly-owned treatment works or with the
9 publicly-owned treatment works to which it is tributary.
10 (g) Nothing in this Section shall be deemed to authorize
11 a publicly-owned treatment works:
12 (1) to mandate the exchange of trading units by a
13 tributary discharger in a pretreatment market system
14 implemented pursuant to this Section; or
15 (2) to mandate reductions in pollutants from any
16 tributary discharger beyond that otherwise required by
17 federal categorical and State pretreatment standards or
18 approved local pretreatment limits.
19 (415 ILCS 5/15) (from Ch. 111 1/2, par. 1015)
20 Sec. 15. Plans and specifications; demonstration of
21 capability.
22 (a) Owners of public water supplies, their authorized
23 representative, or legal custodians, shall submit plans and
24 specifications to the Agency and obtain written approval
25 before construction of any proposed public water supply
26 installations, changes, or additions is started. Plans and
27 specifications shall be complete and of sufficient detail to
28 show all proposed construction, changes, or additions that
29 may affect sanitary quality, mineral quality, or adequacy of
30 the public water supply; and, where necessary, said plans and
31 specifications shall be accompanied by supplemental data as
32 may be required by the Agency to permit a complete review
33 thereof.
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1 (b) All new public water supplies established after
2 October 1, 1999 shall demonstrate technical, financial, and
3 managerial capacity as a condition for issuance of a
4 construction or operation permit by the Agency or its
5 designee. The demonstration shall be consistent with the
6 technical, financial, and managerial provisions of the
7 federal Safe Drinking Water Act (P.L. 93-532), as now or
8 hereafter amended. The Agency is authorized to adopt rules
9 in accordance with the Illinois Administrative Procedure Act
10 to implement the purposes of this subsection. Such rules
11 must take into account the need for the facility, facility
12 size, sophistication of treatment of the water supply, and
13 financial requirements needed for operation of the facility.
14 (Source: P.A. 76-2429.)
15 (415 ILCS 5/18) (from Ch. 111 1/2, par. 1018)
16 Sec. 18. Prohibitions; plugging requirements.
17 (a) No person shall:
18 (1) Knowingly cause, threaten or allow the
19 distribution of water from any public water supply of
20 such quality or quantity as to be injurious to human
21 health; or
22 (2) Violate regulations or standards adopted by the
23 Agency pursuant to Section 15(b) of this Act or by the
24 Board under this Act; or
25 (3) Construct, install or operate any public water
26 supply without a permit granted by the Agency, or in
27 violation of any condition imposed by such a permit.
28 (b) Borings, water monitoring wells, and wells subject
29 to this Act shall, at a minimum, be abandoned and plugged in
30 accordance with the requirements of Sections 16 and 19 of "An
31 Act in relation to oil, gas, coal and other surface and
32 underground resources and to repeal an Act herein named",
33 filed July 29, 1941, as amended, and such rules as are
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1 promulgated thereunder. Nothing herein shall preclude the
2 Board from adopting plugging and abandonment requirements
3 which are more stringent than the rules of the Department of
4 Natural Resources where necessary to protect the public
5 health and environment.
6 (Source: P.A. 89-445, eff. 2-7-96.)
7 (415 ILCS 5/22.2) (from Ch. 111 1/2, par. 1022.2)
8 Sec. 22.2. Hazardous waste; fees; liability.
9 (a) There are hereby created within the State Treasury 2
10 special funds to be known respectively as the "Hazardous
11 Waste Fund" and the "Hazardous Waste Research Fund",
12 constituted from the fees collected pursuant to this Section.
13 (b) (1) On and after January 1, 1989, the Agency shall
14 collect from the owner or operator of each of the
15 following sites a fee in the amount of:
16 (A) 6 cents per gallon or $12.12 per cubic
17 yard of hazardous waste disposed for 1989, 7.5 cents
18 per gallon or $15.15 per cubic yard for 1990 and 9
19 cents per gallon or $18.18 per cubic yard
20 thereafter, if the hazardous waste disposal site is
21 located off the site where such waste was produced.
22 The maximum amount payable under this subdivision
23 (A) with respect to the hazardous waste generated by
24 a single generator and deposited in monofills is
25 $20,000 for 1989, $25,000 for 1990, and $30,000 per
26 year thereafter. If, as a result of the use of
27 multiple monofills, waste fees in excess of the
28 maximum are assessed with respect to a single waste
29 generator, the generator may apply to the Agency for
30 a credit.
31 (B) 6 cents per gallon or $12.12 per cubic
32 yard of hazardous waste disposed for 1989, 7.5 cents
33 per gallon or $15.15 per cubic yard for 1990 and 9
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1 cents or $18.18 per cubic yard thereafter, if the
2 hazardous waste disposal site is located on the site
3 where such waste was produced, provided however the
4 maximum amount of fees payable under this paragraph
5 (B) is $20,000 for 1989, $25,000 for 1990 and
6 $30,000 per year thereafter for each such hazardous
7 waste disposal site.
8 (C) If the hazardous waste disposal site is an
9 underground injection well, $6,000 per year if not
10 more than 10,000,000 gallons per year are injected,
11 $15,000 per year if more than 10,000,000 gallons but
12 not more than 50,000,000 gallons per year are
13 injected, and $27,000 per year if more than
14 50,000,000 gallons per year are injected.
15 (D) 2 cents per gallon or $4.04 per cubic yard
16 for 1989, 2.5 cents per gallon or $5.05 per cubic
17 yard for 1990, and 3 cents per gallon or $6.06 per
18 cubic yard thereafter of hazardous waste received
19 for treatment at a hazardous waste treatment site,
20 if the hazardous waste treatment site is located off
21 the site where such waste was produced and if such
22 hazardous waste treatment site is owned, controlled
23 and operated by a person other than the generator of
24 such waste. After treatment at such hazardous waste
25 treatment site, the waste shall not be subject to
26 any other fee imposed by this subsection (b). For
27 purposes of this subsection (b), the term
28 "treatment" is defined as in Section 3.49 but shall
29 not include recycling, reclamation or reuse.
30 (2) The General Assembly shall annually appropriate
31 to the Fund such amounts as it deems necessary to fulfill
32 the purposes of this Act.
33 (3) Whenever the unobligated balance of the
34 Hazardous Waste Fund exceeds $10,000,000, the Agency
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1 shall suspend the collection of the fees provided for in
2 this Section until the unobligated balance of the Fund
3 falls below $8,000,000.
4 (4) Of the amount collected as fees provided for in
5 this Section, the Agency shall manage the use of such
6 funds to assure that sufficient funds are available for
7 match towards federal expenditures for response action at
8 sites which are listed on the National Priorities List;
9 provided, however, that this shall not apply to
10 additional monies appropriated to the Fund by the General
11 Assembly, nor shall it apply in the event that the
12 Director finds that revenues in the Hazardous Waste Fund
13 must be used to address conditions which create or may
14 create an immediate danger to the environment or public
15 health or to the welfare of the people of the State of
16 Illinois.
17 (5) Notwithstanding the other provisions of this
18 subsection (b), sludge from a publicly-owned sewage works
19 generated in Illinois, coal mining wastes and refuse
20 generated in Illinois, bottom boiler ash, flyash and flue
21 gas desulphurization sludge from public utility electric
22 generating facilities located in Illinois, and bottom
23 boiler ash and flyash from all incinerators which process
24 solely municipal waste shall not be subject to the fee.
25 (6) For the purposes of this subsection (b),
26 "monofill" means a facility, or a unit at a facility,
27 that accepts only wastes bearing the same USEPA hazardous
28 waste identification number, or compatible wastes as
29 determined by the Agency.
30 (c) The Agency shall establish procedures, not later
31 than January 1, 1984, relating to the collection of the fees
32 authorized by this Section. Such procedures shall include,
33 but not be limited to: (1) necessary records identifying the
34 quantities of hazardous waste received or disposed; (2) the
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1 form and submission of reports to accompany the payment of
2 fees to the Agency; and (3) the time and manner of payment of
3 fees to the Agency, which payments shall be not more often
4 than quarterly.
5 (d) Beginning July 1, 1996, the Agency shall deposit all
6 such receipts in the State Treasury to the credit of the
7 Hazardous Waste Fund, except as provided in subsection (e) of
8 this Section. All monies in the Hazardous Waste Fund shall be
9 used by the Agency for the following purposes:
10 (1) Taking whatever preventive or corrective action
11 is necessary or appropriate, in circumstances certified
12 by the Director, including but not limited to removal or
13 remedial action whenever there is a release or
14 substantial threat of a release of a hazardous substance
15 or pesticide; provided, the Agency shall expend no more
16 than $1,000,000 on any single incident without
17 appropriation by the General Assembly.
18 (2) To meet any requirements which must be met by
19 the State in order to obtain federal funds pursuant to
20 the Comprehensive Environmental Response, Compensation
21 and Liability Act of 1980, (P.L. 96-510).
22 (3) In an amount up to 30% of the amount collected
23 as fees provided for in this Section, for use by the
24 Agency to conduct groundwater protection activities,
25 including providing grants to appropriate units of local
26 government which are addressing protection of underground
27 waters pursuant to the provisions of this Act.
28 (4) To fund the development and implementation of
29 the model pesticide collection program under Section 19.1
30 of the Illinois Pesticide Act.
31 (5) To the extent the Agency has received and
32 deposited monies in the Fund other than fees collected
33 under subsection (b) of this Section, to pay for the cost
34 of Agency employees for services provided in reviewing
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1 the performance of response actions pursuant to Title
2 XVII of this Act.
3 (6) In an amount up to 15% of the fees collected
4 annually under subsection (b) of this Section, for use by
5 the Agency for administration of the provisions of this
6 Section.
7 (e) The Agency shall deposit 10% of all receipts
8 collected under subsection (b) of this Section, but not to
9 exceed $200,000 per year, in the State Treasury to the credit
10 of the Hazardous Waste Research Fund established by this Act.
11 Pursuant to appropriation, all monies in such Fund shall be
12 used by the Department of Natural Resources for the purposes
13 set forth in this subsection.
14 The Department of Natural Resources may enter into
15 contracts with business, industrial, university, governmental
16 or other qualified individuals or organizations to assist in
17 the research and development intended to recycle, reduce the
18 volume of, separate, detoxify or reduce the hazardous
19 properties of hazardous wastes in Illinois. Monies in the
20 Fund may also be used by the Department of Natural Resources
21 for technical studies, monitoring activities, and educational
22 and research activities which are related to the protection
23 of underground waters. Monies in the Hazardous Waste
24 Research Fund may be used to administer the Illinois Health
25 and Hazardous Substances Registry Act. Monies in the
26 Hazardous Waste Research Fund shall not be used for any
27 sanitary landfill or the acquisition or construction of any
28 facility. This does not preclude the purchase of equipment
29 for the purpose of public demonstration projects. The
30 Department of Natural Resources shall adopt guidelines for
31 cost sharing, selecting, and administering projects under
32 this subsection.
33 (f) Notwithstanding any other provision or rule of law,
34 and subject only to the defenses set forth in subsection (j)
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1 of this Section, the following persons shall be liable for
2 all costs of removal or remedial action incurred by the State
3 of Illinois or any unit of local government as a result of a
4 release or substantial threat of a release of a hazardous
5 substance or pesticide:
6 (1) the owner and operator of a facility or vessel
7 from which there is a release or substantial threat of
8 release of a hazardous substance or pesticide;
9 (2) any person who at the time of disposal,
10 transport, storage or treatment of a hazardous substance
11 or pesticide owned or operated the facility or vessel
12 used for such disposal, transport, treatment or storage
13 from which there was a release or substantial threat of a
14 release of any such hazardous substance or pesticide;
15 (3) any person who by contract, agreement, or
16 otherwise has arranged with another party or entity for
17 transport, storage, disposal or treatment of hazardous
18 substances or pesticides owned, controlled or possessed
19 by such person at a facility owned or operated by another
20 party or entity from which facility there is a release or
21 substantial threat of a release of such hazardous
22 substances or pesticides; and
23 (4) any person who accepts or accepted any
24 hazardous substances or pesticides for transport to
25 disposal, storage or treatment facilities or sites from
26 which there is a release or a substantial threat of a
27 release of a hazardous substance or pesticide.
28 Any monies received by the State of Illinois pursuant to
29 this subsection (f) shall be deposited in the State Treasury
30 to the credit of the Hazardous Waste Fund.
31 In accordance with the other provisions of this Section,
32 costs of removal or remedial action incurred by a unit of
33 local government may be recovered in an action before the
34 Board brought by the unit of local government under
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1 subsection (i) of this Section. Any monies so recovered
2 shall be paid to the unit of local government.
3 (g)(1) No indemnification, hold harmless, or similar
4 agreement or conveyance shall be effective to transfer
5 from the owner or operator of any vessel or facility or
6 from any person who may be liable for a release or
7 substantial threat of a release under this Section, to
8 any other person the liability imposed under this
9 Section. Nothing in this Section shall bar any agreement
10 to insure, hold harmless or indemnify a party to such
11 agreements for any liability under this Section.
12 (2) Nothing in this Section, including the
13 provisions of paragraph (g)(1) of this Section, shall bar
14 a cause of action that an owner or operator or any other
15 person subject to liability under this Section, or a
16 guarantor, has or would have, by reason of subrogation or
17 otherwise against any person.
18 (h) For purposes of this Section:
19 (1) The term "facility" means:
20 (A) any building, structure, installation,
21 equipment, pipe or pipeline including but not
22 limited to any pipe into a sewer or publicly owned
23 treatment works, well, pit, pond, lagoon,
24 impoundment, ditch, landfill, storage container,
25 motor vehicle, rolling stock, or aircraft; or
26 (B) any site or area where a hazardous
27 substance has been deposited, stored, disposed of,
28 placed, or otherwise come to be located.
29 (2) The term "owner or operator" means:
30 (A) any person owning or operating a vessel or
31 facility;
32 (B) in the case of an abandoned facility, any
33 person owning or operating the abandoned facility or
34 any person who owned, operated, or otherwise
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1 controlled activities at the abandoned facility
2 immediately prior to such abandonment;
3 (C) in the case of a land trust as defined in
4 Section 2 of the Land Trustee as Creditor Act, the
5 person owning the beneficial interest in the land
6 trust;
7 (D) in the case of a fiduciary (other than a
8 land trustee), the estate, trust estate, or other
9 interest in property held in a fiduciary capacity,
10 and not the fiduciary. For the purposes of this
11 Section, "fiduciary" means a trustee, executor,
12 administrator, guardian, receiver, conservator or
13 other person holding a facility or vessel in a
14 fiduciary capacity;
15 (E) in the case of a "financial institution",
16 meaning the Illinois Housing Development Authority
17 and that term as defined in Section 2 of the
18 Illinois Banking Act, that has acquired ownership,
19 operation, management, or control of a vessel or
20 facility through foreclosure or under the terms of a
21 security interest held by the financial institution
22 or under the terms of an extension of credit made by
23 the financial institution, the financial institution
24 only if the financial institution takes possession
25 of the vessel or facility and the financial
26 institution exercises actual, direct, and continual
27 or recurrent managerial control in the operation of
28 the vessel or facility that causes a release or
29 substantial threat of a release of a hazardous
30 substance or pesticide resulting in removal or
31 remedial action;
32 (F) In the case of an owner of residential
33 property, the owner if the owner is a person other
34 than an individual, or if the owner is an individual
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1 who owns more than 10 dwelling units in Illinois, or
2 if the owner, or an agent, representative,
3 contractor, or employee of the owner, has caused,
4 contributed to, or allowed the release or threatened
5 release of a hazardous substance or pesticide. The
6 term "residential property" means single family
7 residences of one to 4 dwelling units, including
8 accessory land, buildings, or improvements
9 incidental to those dwellings that are exclusively
10 used for the residential use. For purposes of this
11 subparagraph (F), the term "individual" means a
12 natural person, and shall not include corporations,
13 partnerships, trusts, or other non-natural persons.
14 (G) In the case of any facility, title or
15 control of which was conveyed due to bankruptcy,
16 foreclosure, tax delinquency, abandonment, or
17 similar means to a unit of State or local
18 government, any person who owned, operated, or
19 otherwise controlled activities at the facility
20 immediately beforehand.
21 (H) The term "owner or operator" does not
22 include a unit of State or local government which
23 acquired ownership or control through bankruptcy,
24 tax delinquency, abandonment, or other circumstances
25 in which the government acquires title by virtue of
26 its function as sovereign. The exclusion provided
27 under this paragraph shall not apply to any State or
28 local government which has caused or contributed to
29 the release or threatened release of a hazardous
30 substance from the facility, and such a State or
31 local government shall be subject to the provisions
32 of this Act in the same manner and to the same
33 extent, both procedurally and substantively, as any
34 nongovernmental entity, including liability under
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1 Section 22.2(f).
2 (i) The costs and damages provided for in this Section
3 may be imposed by the Board in an action brought before the
4 Board in accordance with Title VIII of this Act, except that
5 Section 33(c) of this Act shall not apply to any such action.
6 (j) (1) There shall be no liability under this Section
7 for a person otherwise liable who can establish by a
8 preponderance of the evidence that the release or substantial
9 threat of release of a hazardous substance and the damages
10 resulting therefrom were caused solely by:
11 (A) an act of God;
12 (B) an act of war;
13 (C) an act or omission of a third party other than
14 an employee or agent of the defendant, or other than one
15 whose act or omission occurs in connection with a
16 contractual relationship, existing directly or
17 indirectly, with the defendant (except where the sole
18 contractual arrangement arises from a published tariff
19 and acceptance for carriage by a common carrier by rail),
20 if the defendant establishes by a preponderance of the
21 evidence that (i) he exercised due care with respect to
22 the hazardous substance concerned, taking into
23 consideration the characteristics of such hazardous
24 substance, in light of all relevant facts and
25 circumstances, and (ii) he took precautions against
26 foreseeable acts or omissions of any such third party and
27 the consequences that could foreseeably result from such
28 acts or omissions; or
29 (D) any combination of the foregoing paragraphs.
30 (2) There shall be no liability under this Section for
31 any release permitted by State or federal law.
32 (3) There shall be no liability under this Section for
33 damages as a result of actions taken or omitted in the course
34 of rendering care, assistance, or advice in accordance with
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1 this Section or the National Contingency Plan pursuant to the
2 Comprehensive Environmental Response, Compensation and
3 Liability Act of 1980 (P.L. 96-510) or at the direction of an
4 on-scene coordinator appointed under such plan, with respect
5 to an incident creating a danger to public health or welfare
6 or the environment as a result of any release of a hazardous
7 substance or a substantial threat thereof. This subsection
8 shall not preclude liability for damages as the result of
9 gross negligence or intentional misconduct on the part of
10 such person. For the purposes of the preceding sentence,
11 reckless, willful, or wanton misconduct shall constitute
12 gross negligence.
13 (4) There shall be no liability under this Section for
14 any person (including, but not limited to, an owner of
15 residential property who applies a pesticide to the
16 residential property or who has another person apply a
17 pesticide to the residential property) for response costs or
18 damages as the result of the storage, handling and use, or
19 recommendation for storage, handling and use, of a pesticide
20 consistent with:
21 (A) its directions for storage, handling and use as
22 stated in its label or labeling;
23 (B) its warnings and cautions as stated in its
24 label or labeling; and
25 (C) the uses for which it is registered under the
26 Federal Insecticide, Fungicide and Rodenticide Act and
27 the Illinois Pesticide Act.
28 (4.5) There shall be no liability under subdivision
29 (f)(1) of this Section for response costs or damages as the
30 result of a release of a pesticide from an agrichemical
31 facility site if the Agency has received notice from the
32 Department of Agriculture pursuant to Section 19.3 of the
33 Illinois Pesticide Act, the owner or operator of the
34 agrichemical facility is proceeding with a corrective action
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1 plan under the Agrichemical Facility Response Action Program
2 implemented under that Section, and the Agency has provided a
3 written endorsement of a corrective action plan.
4 (4.6) There shall be no liability under subdivision
5 (f)(1) of this Section for response costs or damages as the
6 result of a substantial threat of a release of a pesticide
7 from an agrichemical facility site if the Agency has received
8 notice from the Department of Agriculture pursuant to Section
9 19.3 of the Illinois Pesticide Act and the owner or operator
10 of the agrichemical facility is proceeding with a corrective
11 action plan under the Agrichemical Facility Response Action
12 Program implemented under that Section.
13 (5) Nothing in this subsection (j) shall affect or
14 modify in any way the obligations or liability of any person
15 under any other provision of this Act or State or federal
16 law, including common law, for damages, injury, or loss
17 resulting from a release or substantial threat of a release
18 of any hazardous substance or for removal or remedial action
19 or the costs of removal or remedial action of such hazardous
20 substance.
21 (6)(A) The term "contractual relationship", for the
22 purpose of this subsection includes, but is not limited to,
23 land contracts, deeds or other instruments transferring title
24 or possession, unless the real property on which the facility
25 concerned is located was acquired by the defendant after the
26 disposal or placement of the hazardous substance on, in, or
27 at the facility, and one or more of the circumstances
28 described in clause (i), (ii), or (iii) of this paragraph is
29 also established by the defendant by a preponderance of the
30 evidence:
31 (i) At the time the defendant acquired the facility
32 the defendant did not know and had no reason to know that
33 any hazardous substance which is the subject of the
34 release or threatened release was disposed of on, in or
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1 at the facility.
2 (ii) The defendant is a government entity which
3 acquired the facility by escheat, or through any other
4 involuntary transfer or acquisition, or through the
5 exercise of eminent domain authority by purchase or
6 condemnation.
7 (iii) The defendant acquired the facility by
8 inheritance or bequest.
9 In addition to establishing the foregoing, the defendant
10 must establish that he has satisfied the requirements of
11 subparagraph (C) of paragraph (l) of this subsection (j).
12 (B) To establish the defendant had no reason to know, as
13 provided in clause (i) of subparagraph (A) of this paragraph,
14 the defendant must have undertaken, at the time of
15 acquisition, all appropriate inquiry into the previous
16 ownership and uses of the property consistent with good
17 commercial or customary practice in an effort to minimize
18 liability. For purposes of the preceding sentence, the court
19 shall take into account any specialized knowledge or
20 experience on the part of the defendant, the relationship of
21 the purchase price to the value of the property if
22 uncontaminated, commonly known or reasonably ascertainable
23 information about the property, the obviousness of the
24 presence or likely presence of contamination at the property,
25 and the ability to detect such contamination by appropriate
26 inspection.
27 (C) Nothing in this paragraph (6) or in subparagraph (C)
28 of paragraph (1) of this subsection shall diminish the
29 liability of any previous owner or operator of such facility
30 who would otherwise be liable under this Act. Notwithstanding
31 this paragraph (6), if the defendant obtained actual
32 knowledge of the release or threatened release of a hazardous
33 substance at such facility when the defendant owned the real
34 property and then subsequently transferred ownership of the
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1 property to another person without disclosing such knowledge,
2 such defendant shall be treated as liable under subsection
3 (f) of this Section and no defense under subparagraph (C) of
4 paragraph (1) of this subsection shall be available to such
5 defendant.
6 (D) Nothing in this paragraph (6) shall affect the
7 liability under this Act of a defendant who, by any act or
8 omission, caused or contributed to the release or threatened
9 release of a hazardous substance which is the subject of the
10 action relating to the facility.
11 (E) (i) Except as provided in clause (ii) of this
12 subparagraph (E), a defendant who has acquired real property
13 shall have established a rebuttable presumption against all
14 State claims and a conclusive presumption against all private
15 party claims that the defendant has made all appropriate
16 inquiry within the meaning of subdivision (6)(B) of this
17 subsection (j) if the defendant proves that immediately prior
18 to or at the time of the acquisition:
19 (I) the defendant obtained a Phase I Environmental
20 Audit of the real property that meets or exceeds the
21 requirements of this subparagraph (E), and the Phase I
22 Environmental Audit did not disclose the presence or
23 likely presence of a release or a substantial threat of a
24 release of a hazardous substance or pesticide at, on, to,
25 or from the real property; or
26 (II) the defendant obtained a Phase II
27 Environmental Audit of the real property that meets or
28 exceeds the requirements of this subparagraph (E), and
29 the Phase II Environmental Audit did not disclose the
30 presence or likely presence of a release or a substantial
31 threat of a release of a hazardous substance or pesticide
32 at, on, to, or from the real property.
33 (ii) No presumption shall be created under clause (i) of
34 this subparagraph (E), and a defendant shall be precluded
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1 from demonstrating that the defendant has made all
2 appropriate inquiry within the meaning of subdivision (6)(B)
3 of this subsection (j), if:
4 (I) the defendant fails to obtain all Environmental
5 Audits required under this subparagraph (E) or any such
6 Environmental Audit fails to meet or exceed the
7 requirements of this subparagraph (E);
8 (II) a Phase I Environmental Audit discloses the
9 presence or likely presence of a release or a substantial
10 threat of a release of a hazardous substance or pesticide
11 at, on, to, or from real property, and the defendant
12 fails to obtain a Phase II Environmental Audit;
13 (III) a Phase II Environmental Audit discloses the
14 presence or likely presence of a release or a substantial
15 threat of a release of a hazardous substance or pesticide
16 at, on, to, or from the real property;
17 (IV) the defendant fails to maintain a written
18 compilation and explanatory summary report of the
19 information reviewed in the course of each Environmental
20 Audit under this subparagraph (E); or
21 (V) there is any evidence of fraud, material
22 concealment, or material misrepresentation by the
23 defendant of environmental conditions or of related
24 information discovered during the course of an
25 Environmental Audit.
26 (iii) For purposes of this subparagraph (E), the term
27 "environmental professional" means an individual (other than
28 a practicing attorney) who, through academic training,
29 occupational experience, and reputation (such as engineers,
30 industrial hygienists, or geologists) can objectively conduct
31 one or more aspects of an Environmental Audit and who either:
32 (I) maintains at the time of the Environmental
33 Audit and for at least one year thereafter at least
34 $500,000 of environmental consultants' professional
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1 liability insurance coverage issued by an insurance
2 company licensed to do business in Illinois; or
3 (II) is an Illinois licensed professional engineer
4 or an Illinois licensed industrial hygienist.
5 An environmental professional may employ persons who are
6 not environmental professionals to assist in the preparation
7 of an Environmental Audit if such persons are under the
8 direct supervision and control of the environmental
9 professional.
10 (iv) For purposes of this subparagraph (E), the term
11 "real property" means any interest in any parcel of land, and
12 shall not be limited to the definition of the term "real
13 property" contained in the Responsible Property Transfer Act
14 of 1988. For purposes of this subparagraph (E), the term
15 "real property" includes, but is not limited to, buildings,
16 fixtures, and improvements.
17 (v) For purposes of this subparagraph (E), the term
18 "Phase I Environmental Audit" means an investigation of real
19 property, conducted by environmental professionals, to
20 discover the presence or likely presence of a release or a
21 substantial threat of a release of a hazardous substance or
22 pesticide at, on, to, or from real property, and whether a
23 release or a substantial threat of a release of a hazardous
24 substance or pesticide has occurred or may occur at, on, to,
25 or from the real property. The investigation shall include a
26 review of at least each of the following sources of
27 information concerning the current and previous ownership and
28 use of the real property:
29 (I) Recorded chain of title documents regarding the
30 real property, including all deeds, easements, leases,
31 restrictions, and covenants for a period of 50 years.
32 (II) Aerial photographs that may reflect prior uses
33 of the real property and that are reasonably obtainable
34 through State, federal, or local government agencies or
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1 bodies.
2 (III) Recorded environmental cleanup liens, if any,
3 against the real property that have arisen pursuant to
4 this Act or federal statutes.
5 (IV) Reasonably obtainable State, federal, and
6 local government records of sites or facilities at, on,
7 or near the real property to discover the presence or
8 likely presence of a hazardous substance or pesticide,
9 and whether a release or a substantial threat of a
10 release of a hazardous substance or pesticide has
11 occurred or may occur at, on, to, or from the real
12 property. Such government records shall include, but not
13 be limited to: reasonably obtainable State, federal, and
14 local government investigation reports for those sites or
15 facilities; reasonably obtainable State, federal, and
16 local government records of activities likely to cause or
17 contribute to a release or a threatened release of a
18 hazardous substance or pesticide at, on, to, or from the
19 real property, including landfill and other treatment,
20 storage, and disposal location records, underground
21 storage tank records, hazardous waste transporter and
22 generator records, and spill reporting records; and other
23 reasonably obtainable State, federal, and local
24 government environmental records that report incidents or
25 activities that are likely to cause or contribute to a
26 release or a threatened release of a hazardous substance
27 or pesticide at, on, to, or from the real property. In
28 order to be deemed "reasonably obtainable" as required
29 herein, a copy or reasonable facsimile of the record must
30 be obtainable from the government agency by request and
31 upon payment of a processing fee, if any, established by
32 the government agency. The Agency is authorized to
33 establish a reasonable fee for processing requests
34 received under this subparagraph (E) for records. All
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1 fees collected by the Agency under this clause (v)(IV)
2 shall be deposited into the Environmental Protection
3 Permit and Inspection Fund in accordance with Section
4 22.8. Notwithstanding any other law, if the fee is paid,
5 commencing on the effective date of this amendatory Act
6 of 1993 and until one year after the effective date of
7 this amendatory Act of 1993, the Agency shall use its
8 best efforts to process a request received under this
9 subparagraph (E) as expeditiously as possible.
10 Notwithstanding any other law, commencing one year after
11 the effective date of this amendatory Act of 1993, if the
12 fee is paid, the Agency shall process a request received
13 under this subparagraph (E) for records within 30 days of
14 the receipt of such request.
15 (V) A visual site inspection of the real property
16 and all facilities and improvements on the real property
17 and a visual inspection of properties immediately
18 adjacent to the real property, including an investigation
19 of any use, storage, treatment, spills from use, or
20 disposal of hazardous substances, hazardous wastes, solid
21 wastes, or pesticides. If the person conducting the
22 investigation is denied access to any property adjacent
23 to the real property, the person shall conduct a visual
24 inspection of that adjacent property from the property to
25 which the person does have access and from public
26 rights-of-way.
27 (VI) A review of business records for activities at
28 or on the real property for a period of 50 years.
29 (vi) For purposes of subparagraph (E), the term "Phase
30 II Environmental Audit" means an investigation of real
31 property, conducted by environmental professionals,
32 subsequent to a Phase I Environmental Audit. If the Phase I
33 Environmental Audit discloses the presence or likely presence
34 of a hazardous substance or a pesticide or a release or a
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1 substantial threat of a release of a hazardous substance or
2 pesticide:
3 (I) In or to soil, the defendant, as part of the
4 Phase II Environmental Audit, shall perform a series of
5 soil borings sufficient to determine whether there is a
6 presence or likely presence of a hazardous substance or
7 pesticide and whether there is or has been a release or a
8 substantial threat of a release of a hazardous substance
9 or pesticide at, on, to, or from the real property.
10 (II) In or to groundwater, the defendant, as part
11 of the Phase II Environmental Audit, shall: review
12 information regarding local geology, water well
13 locations, and locations of waters of the State as may be
14 obtained from State, federal, and local government
15 records, including but not limited to the United States
16 Geological Service, the State Geological Survey Division
17 of the Department of Natural Resources, and the State
18 Water Survey Division of the Department of Natural
19 Resources; and perform groundwater monitoring sufficient
20 to determine whether there is a presence or likely
21 presence of a hazardous substance or pesticide, and
22 whether there is or has been a release or a substantial
23 threat of a release of a hazardous substance or pesticide
24 at, on, to, or from the real property.
25 (III) On or to media other than soil or
26 groundwater, the defendant, as part of the Phase II
27 Environmental Audit, shall perform an investigation
28 sufficient to determine whether there is a presence or
29 likely presence of a hazardous substance or pesticide,
30 and whether there is or has been a release or a
31 substantial threat of a release of a hazardous substance
32 or pesticide at, on, to, or from the real property.
33 (vii) The findings of each Environmental Audit prepared
34 under this subparagraph (E) shall be set forth in a written
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1 audit report. Each audit report shall contain an affirmation
2 by the defendant and by each environmental professional who
3 prepared the Environmental Audit that the facts stated in the
4 report are true and are made under a penalty of perjury as
5 defined in Section 32-2 of the Criminal Code of 1961. It is
6 perjury for any person to sign an audit report that contains
7 a false material statement that the person does not believe
8 to be true.
9 (viii) The Agency is not required to review, approve, or
10 certify the results of any Environmental Audit. The
11 performance of an Environmental Audit shall in no way entitle
12 a defendant to a presumption of Agency approval or
13 certification of the results of the Environmental Audit.
14 The presence or absence of a disclosure document prepared
15 under the Responsible Property Transfer Act of 1988 shall not
16 be a defense under this Act and shall not satisfy the
17 requirements of subdivision (6)(A) of this subsection (j).
18 (7) No person shall be liable under this Section for
19 response costs or damages as the result of a pesticide
20 release if the Agency has found that a pesticide release
21 occurred based on a Health Advisory issued by the U.S.
22 Environmental Protection Agency or an action level developed
23 by the Agency, unless the Agency notified the manufacturer of
24 the pesticide and provided an opportunity of not less than 30
25 days for the manufacturer to comment on the technical and
26 scientific justification supporting the Health Advisory or
27 action level.
28 (8) No person shall be liable under this Section for
29 response costs or damages as the result of a pesticide
30 release that occurs in the course of a farm pesticide
31 collection program operated under Section 19.1 of the
32 Illinois Pesticide Act, unless the release results from gross
33 negligence or intentional misconduct.
34 (k) If any person who is liable for a release or
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1 substantial threat of release of a hazardous substance or
2 pesticide fails without sufficient cause to provide removal
3 or remedial action upon or in accordance with a notice and
4 request by the Agency or upon or in accordance with any order
5 of the Board or any court, such person may be liable to the
6 State for punitive damages in an amount at least equal to,
7 and not more than 3 times, the amount of any costs incurred
8 by the State of Illinois as a result of such failure to take
9 such removal or remedial action. The punitive damages
10 imposed by the Board shall be in addition to any costs
11 recovered from such person pursuant to this Section and in
12 addition to any other penalty or relief provided by this Act
13 or any other law.
14 Any monies received by the State pursuant to this
15 subsection (k) shall be deposited in the Hazardous Waste
16 Fund.
17 (l) Beginning January 1, 1988, the Agency shall annually
18 collect a $250 fee for each Special Waste Hauling Permit
19 Application and, in addition, shall collect a fee of $20 for
20 each waste hauling vehicle identified in the annual permit
21 application and for each vehicle which is added to the permit
22 during the annual period. The Agency shall deposit 85% of
23 such fees collected under this subsection in the State
24 Treasury to the credit of the Hazardous Waste Research Fund;
25 and shall deposit the remaining 15% of such fees collected in
26 the State Treasury to the credit of the Environmental
27 Protection Permit and Inspection Fund. The majority of such
28 receipts which are deposited in the Hazardous Waste Research
29 Fund pursuant to this subsection shall be used by the
30 Department of Natural Resources for activities which relate
31 to the protection of underground waters. Persons engaged in
32 the offsite transportation of hazardous waste by highway and
33 participating in the Uniform Program under subsection (l-5)
34 are not required to file a Special Waste Hauling Permit
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1 Application.
2 (l-5) (1) As used in this subsection:
3 "Base state" means the state selected by a
4 transporter according to the procedures established under
5 the Uniform Program.
6 "Base state agreement" means an agreement between
7 participating states electing to register or permit
8 transporters.
9 "Participating state" means a state electing to
10 participate in the Uniform Program by entering into a
11 base state agreement.
12 "Transporter" means a person engaged in the offsite
13 transportation of hazardous waste by highway.
14 "Uniform application" means the uniform registration
15 and permit application form prescribed under the Uniform
16 Program.
17 "Uniform Program" means the Uniform State Hazardous
18 Materials Transportation Registration and Permit Program
19 established in the report submitted and amended pursuant
20 to 49 U.S.C. Section 5119(b), as implemented by the
21 Agency under this subsection.
22 "Vehicle" means any self-propelled motor vehicle,
23 except a truck tractor without a trailer, designed or
24 used for the transportation of hazardous waste subject to
25 the hazardous waste manifesting requirements of 40 U.S.C.
26 Section 6923(a)(3).
27 (2) Beginning July 1, 1998, the Agency shall
28 implement the Uniform State Hazardous Materials
29 Transportation Registration and Permit Program. On and
30 after that date, no person shall engage in the offsite
31 transportation of hazardous waste by highway without
32 registering and obtaining a permit under the Uniform
33 Program. A transporter with its principal place of
34 business in Illinois shall register with and obtain a
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1 permit from the Agency. A transporter that designates
2 another participating state in the Uniform Program as its
3 base state shall likewise register with and obtain a
4 permit from that state before transporting hazardous
5 waste in Illinois.
6 (3) Beginning July 1, 1998, the Agency shall
7 annually collect no more than a $250 processing and audit
8 fee from each transporter of hazardous waste who has
9 filed a uniform application and, in addition, the Agency
10 shall annually collect an apportioned vehicle
11 registration fee of $20. The amount of the apportioned
12 vehicle registration fee shall be calculated consistent
13 with the procedures established under the Uniform
14 Program.
15 All moneys received by the Agency from the
16 collection of fees pursuant to the Uniform Program shall
17 be deposited into the Hazardous Waste Transporter account
18 hereby created within the Environmental Protection Permit
19 and Inspection Fund. The State Treasurer shall credit to
20 the account interest and earnings from account
21 investments. Moneys remaining in the account at the
22 close of the fiscal year shall not lapse to the General
23 Revenue Fund. The State Treasurer may receive money or
24 other assets from any source for deposit into the
25 account. The Agency may expend moneys from the account,
26 upon appropriation, for the implementation of the Uniform
27 Program, including the costs to the Agency of fee
28 collection and administration. In addition, funds not
29 expended for the implementation of the Uniform Program
30 may be utilized for emergency response and cleanup
31 activities related melated to hazardous waste
32 transportation that are initiated by the Agency.
33 Whenever the amount of the Hazardous Waste
34 Transporter account exceeds by 115% the amount annually
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1 appropriated by the General Assembly, the Agency shall credit
2 participating transporters an amount, proportionately based
3 on the amount of the vehicle fee paid, equal to the excess in
4 the account, and shall determine the need to reduce the
5 amount of the fee charged transporters in the subsequent
6 fiscal year by the amount of the credit.
7 (4) (A) The Agency may propose and the Board shall
8 adopt rules as necessary to implement and enforce the
9 Uniform Program. The Agency is authorized to enter into
10 agreements with other agencies of this State as necessary
11 to carry out administrative functions or enforcement of
12 the Uniform Program.
13 (B) The Agency shall recognize a Uniform Program
14 registration as valid for one year from the date a notice
15 of registration form is issued and a permit as valid for
16 3 years from the date issued or until a transporter fails
17 to renew its registration, whichever occurs first.
18 (C) The Agency may inspect or examine any motor
19 vehicle or facility operated by a transporter, including
20 papers, books, records, documents, or other materials to
21 determine if a transporter is complying with the Uniform
22 Program. The Agency may also conduct investigations and
23 audits as necessary to determine if a transporter is
24 entitled to a permit or to make suspension or revocation
25 determinations consistent with the standards of the
26 Uniform Program.
27 (5) The Agency may enter into agreements with
28 federal agencies, national repositories, or other
29 participating states as necessary to allow for the
30 reciprocal registration and permitting of transporters
31 pursuant to the Uniform Program. The agreements may
32 include procedures for determining a base state, the
33 collection and distribution of registration fees, dispute
34 resolution, the exchange of information for reporting and
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1 enforcement purposes, and other provisions necessary to
2 fully implement, administer, and enforce the Uniform
3 Program.
4 (m) (Blank).
5 (n) (Blank).
6 (Source: P.A. 89-94, eff. 7-6-95; 89-158, eff. 1-1-96;
7 89-431, eff. 12-15-95; 89-443, eff. 7-1-96; 89-445, eff.
8 2-7-96; 89-626, eff. 8-9-96; 90-14, eff. 7-1-97; 90-219, eff.
9 7-25-97; revised 4-28-98.)
10 (415 ILCS 5/39.5) (from Ch. 111 1/2, par. 1039.5)
11 Sec. 39.5. Clean Air Act Permit Program.
12 1. Definitions.
13 For purposes of this Section:
14 "Administrative permit amendment" means a permit revision
15 subject to subsection 13 of this Section.
16 "Affected source for acid deposition" means a source that
17 includes one or more affected units under Title IV of the
18 Clean Air Act.
19 "Affected States" for purposes of formal distribution of
20 a draft CAAPP permit to other States for comments prior to
21 issuance, means all States:
22 (1) Whose air quality may be affected by the source
23 covered by the draft permit and that are contiguous to
24 Illinois; or
25 (2) That are within 50 miles of the source.
26 "Affected unit for acid deposition" shall have the
27 meaning given to the term "affected unit" in the regulations
28 promulgated under Title IV of the Clean Air Act.
29 "Applicable Clean Air Act requirement" means all of the
30 following as they apply to emissions units in a source
31 (including regulations that have been promulgated or approved
32 by USEPA pursuant to the Clean Air Act which directly impose
33 requirements upon a source and other such federal
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1 requirements which have been adopted by the Board. These may
2 include requirements and regulations which have future
3 effective compliance dates. Requirements and regulations
4 will be exempt if USEPA determines that such requirements
5 need not be contained in a Title V permit):
6 (1) Any standard or other requirement provided for
7 in the applicable state implementation plan approved or
8 promulgated by USEPA under Title I of the Clean Air Act
9 that implement the relevant requirements of the Clean Air
10 Act, including any revisions to the state Implementation
11 Plan promulgated in 40 CFR Part 52, Subparts A and O and
12 other subparts applicable to Illinois. For purposes of
13 this subsection (1) of this definition, "any standard or
14 other requirement" shall mean only such standards or
15 requirements directly enforceable against an individual
16 source under the Clean Air Act.
17 (2)(i) Any term or condition of any preconstruction
18 permits issued pursuant to regulations approved or
19 promulgated by USEPA under Title I of the Clean Air
20 Act, including Part C or D of the Clean Air Act.
21 (ii) Any term or condition as required
22 pursuant to Section 39.5 of any federally
23 enforceable State operating permit issued pursuant
24 to regulations approved or promulgated by USEPA
25 under Title I of the Clean Air Act, including Part C
26 or D of the Clean Air Act.
27 (3) Any standard or other requirement under Section
28 111 of the Clean Air Act, including Section 111(d).
29 (4) Any standard or other requirement under Section
30 112 of the Clean Air Act, including any requirement
31 concerning accident prevention under Section 112(r)(7) of
32 the Clean Air Act.
33 (5) Any standard or other requirement of the acid
34 rain program under Title IV of the Clean Air Act or the
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1 regulations promulgated thereunder.
2 (6) Any requirements established pursuant to
3 Section 504(b) or Section 114(a)(3) of the Clean Air Act.
4 (7) Any standard or other requirement governing
5 solid waste incineration, under Section 129 of the Clean
6 Air Act.
7 (8) Any standard or other requirement for consumer
8 and commercial products, under Section 183(e) of the
9 Clean Air Act.
10 (9) Any standard or other requirement for tank
11 vessels, under Section 183(f) of the Clean Air Act.
12 (10) Any standard or other requirement of the
13 program to control air pollution from Outer Continental
14 Shelf sources, under Section 328 of the Clean Air Act.
15 (11) Any standard or other requirement of the
16 regulations promulgated to protect stratospheric ozone
17 under Title VI of the Clean Air Act, unless USEPA has
18 determined that such requirements need not be contained
19 in a Title V permit.
20 (12) Any national ambient air quality standard or
21 increment or visibility requirement under Part C of Title
22 I of the Clean Air Act, but only as it would apply to
23 temporary sources permitted pursuant to Section 504(e) of
24 the Clean Air Act.
25 "Applicable requirement" means all applicable Clean Air
26 Act requirements and any other standard, limitation, or other
27 requirement contained in this Act or regulations promulgated
28 under this Act as applicable to sources of air contaminants
29 (including requirements that have future effective compliance
30 dates).
31 "CAAPP" means the Clean Air Act Permit Program, developed
32 pursuant to Title V of the Clean Air Act.
33 "CAAPP application" means an application for a CAAPP
34 permit.
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1 "CAAPP Permit" or "permit" (unless the context suggests
2 otherwise) means any permit issued, renewed, amended,
3 modified or revised pursuant to Title V of the Clean Air Act.
4 "CAAPP source" means any source for which the owner or
5 operator is required to obtain a CAAPP permit pursuant to
6 subsection 2 of this Section.
7 "Clean Air Act" means the Clean Air Act, as now and
8 hereafter amended, 42 U.S.C. 7401, et seq.
9 "Designated representative" shall have the meaning given
10 to it in Section 402(26) of the Clean Air Act and the
11 regulations promulgated thereunder which states that the term
12 'designated representative' shall mean a responsible person
13 or official authorized by the owner or operator of a unit to
14 represent the owner or operator in all matters pertaining to
15 the holding, transfer, or disposition of allowances allocated
16 to a unit, and the submission of and compliance with permits,
17 permit applications, and compliance plans for the unit.
18 "Draft CAAPP permit" means the version of a CAAPP permit
19 for which public notice and an opportunity for public comment
20 and hearing is offered by the Agency.
21 "Effective date of the CAAPP" means the date that USEPA
22 approves Illinois' CAAPP.
23 "Emission unit" means any part or activity of a
24 stationary source that emits or has the potential to emit any
25 air pollutant. This term is not meant to alter or affect the
26 definition of the term "unit" for purposes of Title IV of the
27 Clean Air Act.
28 "Federally enforceable" means enforceable by USEPA.
29 "Final permit action" means the Agency's granting with
30 conditions, refusal to grant, renewal of, or revision of a
31 CAAPP permit, the Agency's determination of incompleteness of
32 a submitted CAAPP application, or the Agency's failure to act
33 on an application for a permit, permit renewal, or permit
34 revision within the time specified in paragraph 5(j),
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1 subsection 13, or subsection 14 of this Section.
2 "General permit" means a permit issued to cover numerous
3 similar sources in accordance with subsection 11 of this
4 Section.
5 "Major source" means a source for which emissions of one
6 or more air pollutants meet the criteria for major status
7 pursuant to paragraph 2(c) of this Section.
8 "Maximum achievable control technology" or "MACT" means
9 the maximum degree of reductions in emissions deemed
10 achievable under Section 112 of the Clean Air Act.
11 "Owner or operator" means any person who owns, leases,
12 operates, controls, or supervises a stationary source.
13 "Permit modification" means a revision to a CAAPP permit
14 that cannot be accomplished under the provisions for
15 administrative permit amendments under subsection 13 of this
16 Section.
17 "Permit revision" means a permit modification or
18 administrative permit amendment.
19 "Phase II" means the period of the national acid rain
20 program, established under Title IV of the Clean Air Act,
21 beginning January 1, 2000, and continuing thereafter.
22 "Phase II acid rain permit" means the portion of a CAAPP
23 permit issued, renewed, modified, or revised by the Agency
24 during Phase II for an affected source for acid deposition.
25 "Potential to emit" means the maximum capacity of a
26 stationary source to emit any air pollutant under its
27 physical and operational design. Any physical or operational
28 limitation on the capacity of a source to emit an air
29 pollutant, including air pollution control equipment and
30 restrictions on hours of operation or on the type or amount
31 of material combusted, stored, or processed, shall be treated
32 as part of its design if the limitation is enforceable by
33 USEPA. This definition does not alter or affect the use of
34 this term for any other purposes under the Clean Air Act, or
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1 the term "capacity factor" as used in Title IV of the Clean
2 Air Act or the regulations promulgated thereunder.
3 "Preconstruction Permit" or "Construction Permit" means a
4 permit which is to be obtained prior to commencing or
5 beginning actual construction or modification of a source or
6 emissions unit.
7 "Proposed CAAPP permit" means the version of a CAAPP
8 permit that the Agency proposes to issue and forwards to
9 USEPA for review in compliance with applicable requirements
10 of the Act and regulations promulgated thereunder.
11 "Regulated air pollutant" means the following:
12 (1) Nitrogen oxides (NOx) or any volatile organic
13 compound.
14 (2) Any pollutant for which a national ambient air
15 quality standard has been promulgated.
16 (3) Any pollutant that is subject to any standard
17 promulgated under Section 111 of the Clean Air Act.
18 (4) Any Class I or II substance subject to a
19 standard promulgated under or established by Title VI of
20 the Clean Air Act.
21 (5) Any pollutant subject to a standard promulgated
22 under Section 112 or other requirements established under
23 Section 112 of the Clean Air Act, including Sections
24 112(g), (j) and (r).
25 (i) Any pollutant subject to requirements
26 under Section 112(j) of the Clean Air Act. Any
27 pollutant listed under Section 112(b) for which the
28 subject source would be major shall be considered to
29 be regulated 18 months after the date on which USEPA
30 was required to promulgate an applicable standard
31 pursuant to Section 112(e) of the Clean Air Act, if
32 USEPA fails to promulgate such standard.
33 (ii) Any pollutant for which the requirements
34 of Section 112(g)(2) of the Clean Air Act have been
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1 met, but only with respect to the individual source
2 subject to Section 112(g)(2) requirement.
3 "Renewal" means the process by which a permit is reissued
4 at the end of its term.
5 "Responsible official" means one of the following:
6 (1) For a corporation: a president, secretary,
7 treasurer, or vice-president of the corporation in charge
8 of a principal business function, or any other person who
9 performs similar policy or decision-making functions for
10 the corporation, or a duly authorized representative of
11 such person if the representative is responsible for the
12 overall operation of one or more manufacturing,
13 production, or operating facilities applying for or
14 subject to a permit and either (i) the facilities employ
15 more than 250 persons or have gross annual sales or
16 expenditures exceeding $25 million (in second quarter
17 1980 dollars), or (ii) the delegation of authority to
18 such representative is approved in advance by the Agency.
19 (2) For a partnership or sole proprietorship: a
20 general partner or the proprietor, respectively, or in
21 the case of a partnership in which all of the partners
22 are corporations, a duly authorized representative of the
23 partnership if the representative is responsible for the
24 overall operation of one or more manufacturing,
25 production, or operating facilities applying for or
26 subject to a permit and either (i) the facilities employ
27 more than 250 persons or have gross annual sales or
28 expenditures exceeding $25 million (in second quarter
29 1980 dollars), or (ii) the delegation of authority to
30 such representative is approved in advance by the Agency.
31 (3) For a municipality, State, Federal, or other
32 public agency: either a principal executive officer or
33 ranking elected official. For the purposes of this part,
34 a principal executive officer of a Federal agency
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1 includes the chief executive officer having
2 responsibility for the overall operations of a principal
3 geographic unit of the agency (e.g., a Regional
4 Administrator of USEPA).
5 (4) For affected sources for acid deposition:
6 (i) The designated representative shall be the
7 "responsible official" in so far as actions,
8 standards, requirements, or prohibitions under Title
9 IV of the Clean Air Act or the regulations
10 promulgated thereunder are concerned.
11 (ii) The designated representative may also be
12 the "responsible official" for any other purposes
13 with respect to air pollution control.
14 "Section 502(b)(10) changes" means changes that
15 contravene express permit terms. "Section 502(b)(10) changes"
16 do not include changes that would violate applicable
17 requirements or contravene federally enforceable permit terms
18 or conditions that are monitoring (including test methods),
19 recordkeeping, reporting, or compliance certification
20 requirements.
21 "Solid waste incineration unit" means a distinct
22 operating unit of any facility which combusts any solid waste
23 material from commercial or industrial establishments or the
24 general public (including single and multiple residences,
25 hotels, and motels). The term does not include incinerators
26 or other units required to have a permit under Section 3005
27 of the Solid Waste Disposal Act. The term also does not
28 include (A) materials recovery facilities (including primary
29 or secondary smelters) which combust waste for the primary
30 purpose of recovering metals, (B) qualifying small power
31 production facilities, as defined in Section 3(17)(C) of the
32 Federal Power Act (16 U.S.C. 769(17)(C)), or qualifying
33 cogeneration facilities, as defined in Section 3(18)(B) of
34 the Federal Power Act (16 U.S.C. 796(18)(B)), which burn
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1 homogeneous waste (such as units which burn tires or used
2 oil, but not including refuse-derived fuel) for the
3 production of electric energy or in the case of qualifying
4 cogeneration facilities which burn homogeneous waste for the
5 production of electric energy and steam or forms of useful
6 energy (such as heat) which are used for industrial,
7 commercial, heating or cooling purposes, or (C) air curtain
8 incinerators provided that such incinerators only burn wood
9 wastes, yard waste and clean lumber and that such air curtain
10 incinerators comply with opacity limitations to be
11 established by the USEPA by rule.
12 "Source" means any stationary source (or any group of
13 stationary sources) that are located on one or more
14 contiguous or adjacent properties, and that are under common
15 control of the same person (or persons under common control)
16 and that belongs belonging to a single major industrial
17 grouping. For the purposes of defining "source," a
18 stationary source or group of stationary sources shall be
19 considered part of a single major industrial grouping if all
20 of the pollutant emitting activities at such source or group
21 of sources located on contiguous or adjacent properties and
22 under common control property belong to the same Major Group
23 (i.e., all have the same two-digit code) as described in the
24 Standard Industrial Classification Manual, 1987, or such
25 pollutant emitting activities at a stationary source (or
26 group of stationary sources) located on contiguous or
27 adjacent properties and under common control constitute a
28 support facility. The determination as to whether any group
29 of stationary sources are located on contiguous or adjacent
30 properties, and/or are under common control, and/or whether
31 the pollutant emitting activities at such group of stationary
32 sources constitute a support facility shall be made on a case
33 by case basis.
34 "Stationary source" means any building, structure,
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1 facility, or installation that emits or may emit any
2 regulated air pollutant or any pollutant listed under Section
3 112(b) of the Clean Air Act.
4 "Support facility" means any stationary source (or group
5 of stationary sources) that conveys, stores, or otherwise
6 assists to a significant extent in the production of a
7 principal product at another stationary source (or group of
8 stationary sources). A support facility shall be considered
9 to be part of the same source as the stationary source (or
10 group of stationary sources) that it supports regardless of
11 the 2-digit Standard Industrial Classification code for the
12 support facility.
13 "USEPA" means the Administrator of the United States
14 Environmental Protection Agency (USEPA) or a person
15 designated by the Administrator.
16 1.1. Exclusion From the CAAPP.
17 a. An owner or operator of a source which
18 determines that the source could be excluded from the
19 CAAPP may seek such exclusion prior to the date that the
20 CAAPP application for the source is due but in no case
21 later than 9 months after the effective date of the CAAPP
22 through the imposition of federally enforceable
23 conditions limiting the "potential to emit" of the source
24 to a level below the major source threshold for that
25 source as described in paragraph 2(c) of this Section,
26 within a State operating permit issued pursuant to
27 Section 39(a) of this Act. After such date, an exclusion
28 from the CAAPP may be sought under paragraph 3(c) of this
29 Section.
30 b. An owner or operator of a source seeking
31 exclusion from the CAAPP pursuant to paragraph (a) of
32 this subsection must submit a permit application
33 consistent with the existing State permit program which
34 specifically requests such exclusion through the
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1 imposition of such federally enforceable conditions.
2 c. Upon such request, if the Agency determines that
3 the owner or operator of a source has met the
4 requirements for exclusion pursuant to paragraph (a) of
5 this subsection and other applicable requirements for
6 permit issuance under Section 39(a) of this Act, the
7 Agency shall issue a State operating permit for such
8 source under Section 39(a) of this Act, as amended, and
9 regulations promulgated thereunder with federally
10 enforceable conditions limiting the "potential to emit"
11 of the source to a level below the major source threshold
12 for that source as described in paragraph 2(c) of this
13 Section.
14 d. The Agency shall provide an owner or operator of
15 a source which may be excluded from the CAAPP pursuant to
16 this subsection with reasonable notice that the owner or
17 operator may seek such exclusion.
18 e. The Agency shall provide such sources with the
19 necessary permit application forms.
20 2. Applicability.
21 a. Sources subject to this Section shall include:
22 i. Any major source as defined in paragraph
23 (c) of this subsection.
24 ii. Any source subject to a standard or other
25 requirements promulgated under Section 111 (New
26 Source Performance Standards) or Section 112
27 (Hazardous Air Pollutants) of the Clean Air Act,
28 except that a source is not required to obtain a
29 permit solely because it is subject to regulations
30 or requirements under Section 112(r) of the Clean
31 Air Act.
32 iii. Any affected source for acid deposition,
33 as defined in subsection 1 of this Section.
34 iv. Any other source subject to this Section
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1 under the Clean Air Act or regulations promulgated
2 thereunder, or applicable Board regulations.
3 b. Sources exempted from this Section shall
4 include:
5 i. All sources listed in paragraph (a) of this
6 subsection which are not major sources, affected
7 sources for acid deposition or solid waste
8 incineration units required to obtain a permit
9 pursuant to Section 129(e) of the Clean Air Act,
10 until the source is required to obtain a CAAPP
11 permit pursuant to the Clean Air Act or regulations
12 promulgated thereunder.
13 ii. Nonmajor sources subject to a standard or
14 other requirements subsequently promulgated by USEPA
15 under Section 111 or 112 of the Clean Air Act which
16 are determined by USEPA to be exempt at the time a
17 new standard is promulgated.
18 iii. All sources and source categories that
19 would be required to obtain a permit solely because
20 they are subject to Part 60, Subpart AAA - Standards
21 of Performance for New Residential Wood Heaters (40
22 CFR Part 60).
23 iv. All sources and source categories that
24 would be required to obtain a permit solely because
25 they are subject to Part 61, Subpart M - National
26 Emission Standard for Hazardous Air Pollutants for
27 Asbestos, Section 61.145 (40 CFR Part 61).
28 v. Any other source categories exempted by
29 USEPA regulations pursuant to Section 502(a) of the
30 Clean Air Act.
31 c. For purposes of this Section the term "major
32 source" means any source that is:
33 i. A major source under Section 112 of the
34 Clean Air Act, which is defined as:
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1 A. For pollutants other than
2 radionuclides, any stationary source or group
3 of stationary sources located within a
4 contiguous area and under common control that
5 emits or has the potential to emit, in the
6 aggregate, 10 tons per year (tpy) or more of
7 any hazardous air pollutant which has been
8 listed pursuant to Section 112(b) of the Clean
9 Air Act, 25 tpy or more of any combination of
10 such hazardous air pollutants, or such lesser
11 quantity as USEPA may establish by rule.
12 Notwithstanding the preceding sentence,
13 emissions from any oil or gas exploration or
14 production well (with its associated equipment)
15 and emissions from any pipeline compressor or
16 pump station shall not be aggregated with
17 emissions from other similar units, whether or
18 not such units are in a contiguous area or
19 under common control, to determine whether such
20 stations are major sources.
21 B. For radionuclides, "major source"
22 shall have the meaning specified by the USEPA
23 by rule.
24 ii. A major stationary source of air
25 pollutants, as defined in Section 302 of the Clean
26 Air Act, that directly emits or has the potential to
27 emit, 100 tpy or more of any air pollutant
28 (including any major source of fugitive emissions of
29 any such pollutant, as determined by rule by USEPA).
30 For purposes of this subsection, "fugitive
31 emissions" means those emissions which could not
32 reasonably pass through a stack, chimney, vent, or
33 other functionally-equivalent opening. The fugitive
34 emissions of a stationary source shall not be
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1 considered in determining whether it is a major
2 stationary source for the purposes of Section 302(j)
3 of the Clean Air Act, unless the source belongs to
4 one of the following categories of stationary
5 source:
6 A. Coal cleaning plants (with thermal
7 dryers).
8 B. Kraft pulp mills.
9 C. Portland cement plants.
10 D. Primary zinc smelters.
11 E. Iron and steel mills.
12 F. Primary aluminum ore reduction plants.
13 G. Primary copper smelters.
14 H. Municipal incinerators capable of
15 charging more than 250 tons of refuse per day.
16 I. Hydrofluoric, sulfuric, or nitric acid
17 plants.
18 J. Petroleum refineries.
19 K. Lime plants.
20 L. Phosphate rock processing plants.
21 M. Coke oven batteries.
22 N. Sulfur recovery plants.
23 O. Carbon black plants (furnace process).
24 P. Primary lead smelters.
25 Q. Fuel conversion plants.
26 R. Sintering plants.
27 S. Secondary metal production plants.
28 T. Chemical process plants.
29 U. Fossil-fuel boilers (or combination
30 thereof) totaling more than 250 million British
31 thermal units per hour heat input.
32 V. Petroleum storage and transfer units
33 with a total storage capacity exceeding 300,000
34 barrels.
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1 W. Taconite ore processing plants.
2 X. Glass fiber processing plants.
3 Y. Charcoal production plants.
4 Z. Fossil fuel-fired steam electric
5 plants of more than 250 million British thermal
6 units per hour heat input.
7 AA. All other stationary source
8 categories regulated by a standard promulgated
9 under Section 111 or 112 of the Clean Air Act,
10 but only with respect to those air pollutants
11 that have been regulated for that category.
12 BB. Any other stationary source category
13 designated by USEPA by rule.
14 iii. A major stationary source as defined in
15 part D of Title I of the Clean Air Act including:
16 A. For ozone nonattainment areas, sources
17 with the potential to emit 100 tons or more per
18 year of volatile organic compounds or oxides of
19 nitrogen in areas classified as "marginal" or
20 "moderate", 50 tons or more per year in areas
21 classified as "serious", 25 tons or more per
22 year in areas classified as "severe", and 10
23 tons or more per year in areas classified as
24 "extreme"; except that the references in this
25 clause to 100, 50, 25, and 10 tons per year of
26 nitrogen oxides shall not apply with respect to
27 any source for which USEPA has made a finding,
28 under Section 182(f)(1) or (2) of the Clean Air
29 Act, that requirements otherwise applicable to
30 such source under Section 182(f) of the Clean
31 Air Act do not apply. Such sources shall
32 remain subject to the major source criteria of
33 paragraph 2(c)(ii) of this subsection.
34 B. For ozone transport regions
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1 established pursuant to Section 184 of the
2 Clean Air Act, sources with the potential to
3 emit 50 tons or more per year of volatile
4 organic compounds (VOCs).
5 C. For carbon monoxide nonattainment
6 areas (1) that are classified as "serious", and
7 (2) in which stationary sources contribute
8 significantly to carbon monoxide levels as
9 determined under rules issued by USEPA, sources
10 with the potential to emit 50 tons or more per
11 year of carbon monoxide.
12 D. For particulate matter (PM-10)
13 nonattainment areas classified as "serious",
14 sources with the potential to emit 70 tons or
15 more per year of PM-10.
16 3. Agency Authority To Issue CAAPP Permits and Federally
17 Enforceable State Operating Permits.
18 a. The Agency shall issue CAAPP permits under this
19 Section consistent with the Clean Air Act and regulations
20 promulgated thereunder and this Act and regulations
21 promulgated thereunder.
22 b. The Agency shall issue CAAPP permits for fixed
23 terms of 5 years, except CAAPP permits issued for solid
24 waste incineration units combusting municipal waste which
25 shall be issued for fixed terms of 12 years and except
26 CAAPP permits for affected sources for acid deposition
27 which shall be issued for initial terms to expire on
28 December 31, 1999, and for fixed terms of 5 years
29 thereafter.
30 c. The Agency shall have the authority to issue a
31 State operating permit for a source under Section 39(a)
32 of this Act, as amended, and regulations promulgated
33 thereunder, which includes federally enforceable
34 conditions limiting the "potential to emit" of the source
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1 to a level below the major source threshold for that
2 source as described in paragraph 2(c) of this Section,
3 thereby excluding the source from the CAAPP, when
4 requested by the applicant pursuant to paragraph 5(u) of
5 this Section. The public notice requirements of this
6 Section applicable to CAAPP permits shall also apply to
7 the initial issuance of permits under this paragraph.
8 d. For purposes of this Act, a permit issued by
9 USEPA under Section 505 of the Clean Air Act, as now and
10 hereafter amended, shall be deemed to be a permit issued
11 by the Agency pursuant to Section 39.5 of this Act.
12 4. Transition.
13 a. An owner or operator of a CAAPP source shall not
14 be required to renew an existing State operating permit
15 for any emission unit at such CAAPP source once a CAAPP
16 application timely submitted prior to expiration of the
17 State operating permit has been deemed complete. For
18 purposes other than permit renewal, the obligation upon
19 the owner or operator of a CAAPP source to obtain a State
20 operating permit is not removed upon submittal of the
21 complete CAAPP permit application. An owner or operator
22 of a CAAPP source seeking to make a modification to a
23 source prior to the issuance of its CAAPP permit shall be
24 required to obtain a construction and/or operating permit
25 as required for such modification in accordance with the
26 State permit program under Section 39(a) of this Act, as
27 amended, and regulations promulgated thereunder. The
28 application for such construction and/or operating permit
29 shall be considered an amendment to the CAAPP application
30 submitted for such source.
31 b. An owner or operator of a CAAPP source shall
32 continue to operate in accordance with the terms and
33 conditions of its applicable State operating permit
34 notwithstanding the expiration of the State operating
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1 permit until the source's CAAPP permit has been issued.
2 c. An owner or operator of a CAAPP source shall
3 submit its initial CAAPP application to the Agency no
4 later than 12 months after the effective date of the
5 CAAPP. The Agency may request submittal of initial CAAPP
6 applications during this 12 month period according to a
7 schedule set forth within Agency procedures, however, in
8 no event shall the Agency require such submittal earlier
9 than 3 months after such effective date of the CAAPP. An
10 owner or operator may voluntarily submit its initial
11 CAAPP application prior to the date required within this
12 paragraph or applicable procedures, if any, subsequent to
13 the date the Agency submits the CAAPP to USEPA for
14 approval.
15 d. The Agency shall act on initial CAAPP
16 applications in accordance with subsection 5(j) of this
17 Section.
18 e. For purposes of this Section, the term "initial
19 CAAPP application" shall mean the first CAAPP application
20 submitted for a source existing as of the effective date
21 of the CAAPP.
22 f. The Agency shall provide owners or operators of
23 CAAPP sources with at least three months advance notice
24 of the date on which their applications are required to
25 be submitted. In determining which sources shall be
26 subject to early submittal, the Agency shall include
27 among its considerations the complexity of the permit
28 application, and the burden that such early submittal
29 will have on the source.
30 g. The CAAPP permit shall upon becoming effective
31 supersede the State operating permit.
32 h. The Agency shall have the authority to adopt
33 procedural rules, in accordance with the Illinois
34 Administrative Procedure Act, as the Agency deems
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1 necessary, to implement this subsection.
2 5. Applications and Completeness.
3 a. An owner or operator of a CAAPP source shall
4 submit its complete CAAPP application consistent with the
5 Act and applicable regulations.
6 b. An owner or operator of a CAAPP source shall
7 submit a single complete CAAPP application covering all
8 emission units at that source.
9 c. To be deemed complete, a CAAPP application must
10 provide all information, as requested in Agency
11 application forms, sufficient to evaluate the subject
12 source and its application and to determine all
13 applicable requirements, pursuant to the Clean Air Act,
14 and regulations thereunder, this Act and regulations
15 thereunder. Such Agency application forms shall be
16 finalized and made available prior to the date on which
17 any CAAPP application is required.
18 d. An owner or operator of a CAAPP source shall
19 submit, as part of its complete CAAPP application, a
20 compliance plan, including a schedule of compliance,
21 describing how each emission unit will comply with all
22 applicable requirements. Any such schedule of compliance
23 shall be supplemental to, and shall not sanction
24 noncompliance with, the applicable requirements on which
25 it is based.
26 e. Each submitted CAAPP application shall be
27 certified for truth, accuracy, and completeness by a
28 responsible official in accordance with applicable
29 regulations.
30 f. The Agency shall provide notice to a CAAPP
31 applicant as to whether a submitted CAAPP application is
32 complete. Unless the Agency notifies the applicant of
33 incompleteness, within 60 days of receipt of the CAAPP
34 application, the application shall be deemed complete.
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1 The Agency may request additional information as needed
2 to make the completeness determination. The Agency may
3 to the extent practicable provide the applicant with a
4 reasonable opportunity to correct deficiencies prior to a
5 final determination of completeness.
6 g. If after the determination of completeness the
7 Agency finds that additional information is necessary to
8 evaluate or take final action on the CAAPP application,
9 the Agency may request in writing such information from
10 the source with a reasonable deadline for response.
11 h. If the owner or operator of a CAAPP source
12 submits a timely and complete CAAPP application, the
13 source's failure to have a CAAPP permit shall not be a
14 violation of this Section until the Agency takes final
15 action on the submitted CAAPP application, provided,
16 however, where the applicant fails to submit the
17 requested information under paragraph 5(g) within the
18 time frame specified by the Agency, this protection shall
19 cease to apply.
20 i. Any applicant who fails to submit any relevant
21 facts necessary to evaluate the subject source and its
22 CAAPP application or who has submitted incorrect
23 information in a CAAPP application shall, upon becoming
24 aware of such failure or incorrect submittal, submit
25 supplementary facts or correct information to the Agency.
26 In addition, an applicant shall provide to the Agency
27 additional information as necessary to address any
28 requirements which become applicable to the source
29 subsequent to the date the applicant submitted its
30 complete CAAPP application but prior to release of the
31 draft CAAPP permit.
32 j. The Agency shall issue or deny the CAAPP permit
33 within 18 months after the date of receipt of the
34 complete CAAPP application, with the following
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1 exceptions: (i) permits for affected sources for acid
2 deposition shall be issued or denied within 6 months
3 after receipt of a complete application in accordance
4 with subsection 17 of this Section; (ii) the Agency shall
5 act on initial CAAPP applications within 24 months after
6 the date of receipt of the complete CAAPP application;
7 (iii) the Agency shall act on complete applications
8 containing early reduction demonstrations under Section
9 112(i)(5) of the Clean Air Act within 9 months of receipt
10 of the complete CAAPP application.
11 Where the Agency does not take final action on the
12 permit within the required time period, the permit shall
13 not be deemed issued; rather, the failure to act shall be
14 treated as a final permit action for purposes of judicial
15 review pursuant to Sections 40.2 and 41 of this Act.
16 k. The submittal of a complete CAAPP application
17 shall not affect the requirement that any source have a
18 preconstruction permit under Title I of the Clean Air
19 Act.
20 l. Unless a timely and complete renewal application
21 has been submitted consistent with this subsection, a
22 CAAPP source operating upon the expiration of its CAAPP
23 permit shall be deemed to be operating without a CAAPP
24 permit. Such operation is prohibited under this Act.
25 m. Permits being renewed shall be subject to the
26 same procedural requirements, including those for public
27 participation and federal review and objection, that
28 apply to original permit issuance.
29 n. For purposes of permit renewal, a timely
30 application is one that is submitted no less than 9
31 months prior to the date of permit expiration.
32 o. The terms and conditions of a CAAPP permit shall
33 remain in effect until the issuance of a CAAPP renewal
34 permit provided a timely and complete CAAPP application
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1 has been submitted.
2 p. The owner or operator of a CAAPP source seeking
3 a permit shield pursuant to paragraph 7(j) of this
4 Section shall request such permit shield in the CAAPP
5 application regarding that source.
6 q. The Agency shall make available to the public
7 all documents submitted by the applicant to the Agency,
8 including each CAAPP application, compliance plan
9 (including the schedule of compliance), and emissions or
10 compliance monitoring report, with the exception of
11 information entitled to confidential treatment pursuant
12 to Section 7 of this Act.
13 r. The Agency shall use the standardized forms
14 required under Title IV of the Clean Air Act and
15 regulations promulgated thereunder for affected sources
16 for acid deposition.
17 s. An owner or operator of a CAAPP source may
18 include within its CAAPP application a request for
19 permission to operate during a startup, malfunction, or
20 breakdown consistent with applicable Board regulations.
21 t. An owner or operator of a CAAPP source, in order
22 to utilize the operational flexibility provided under
23 paragraph 7(l) of this Section, must request such use and
24 provide the necessary information within its CAAPP
25 application.
26 u. An owner or operator of a CAAPP source which
27 seeks exclusion from the CAAPP through the imposition of
28 federally enforceable conditions, pursuant to paragraph
29 3(c) of this Section, must request such exclusion within
30 a CAAPP application submitted consistent with this
31 subsection on or after the date that the CAAPP
32 application for the source is due. Prior to such date,
33 but in no case later than 9 months after the effective
34 date of the CAAPP, such owner or operator may request the
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1 imposition of federally enforceable conditions pursuant
2 to paragraph 1.1(b) of this Section.
3 v. CAAPP applications shall contain accurate
4 information on allowable emissions to implement the fee
5 provisions of subsection 18 of this Section.
6 w. An owner or operator of a CAAPP source shall
7 submit within its CAAPP application emissions information
8 regarding all regulated air pollutants emitted at that
9 source consistent with applicable Agency procedures.
10 Emissions information regarding insignificant activities
11 or emission levels, as determined by the Agency pursuant
12 to Board regulations, may be submitted as a list within
13 the CAAPP application. The Agency shall propose
14 regulations to the Board defining insignificant
15 activities or emission levels, consistent with federal
16 regulations, if any, no later than 18 months after the
17 effective date of this amendatory Act of 1992, consistent
18 with Section 112(n)(1) of the Clean Air Act. The Board
19 shall adopt final regulations defining insignificant
20 activities or emission levels no later than 9 months
21 after the date of the Agency's proposal.
22 x. The owner or operator of a new CAAPP source
23 shall submit its complete CAAPP application consistent
24 with this subsection within 12 months after commencing
25 operation of such source. The owner or operator of an
26 existing source that has been excluded from the
27 provisions of this Section under subsection 1.1 or
28 subsection 3(c) of this Section and that becomes subject
29 to the CAAPP solely due to a change in operation at the
30 source shall submit its complete CAAPP application
31 consistent with this subsection at least 180 days before
32 commencing operation in accordance with the change in
33 operation.
34 y. 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 6. Prohibitions.
5 a. It shall be unlawful for any person to violate
6 any terms or conditions of a permit issued under this
7 Section, to operate any CAAPP source except in compliance
8 with a permit issued by the Agency under this Section or
9 to violate any other applicable requirements. All terms
10 and conditions of a permit issued under this Section are
11 enforceable by USEPA and citizens under the Clean Air
12 Act, except those, if any, that are specifically
13 designated as not being federally enforceable in the
14 permit pursuant to paragraph 7(m) of this Section.
15 b. After the applicable CAAPP permit or renewal
16 application submittal date, as specified in subsection 5
17 of this Section, no person shall operate a CAAPP source
18 without a CAAPP permit unless the complete CAAPP permit
19 or renewal application for such source has been timely
20 submitted to the Agency.
21 c. No owner or operator of a CAAPP source shall
22 cause or threaten or allow the continued operation of an
23 emission source during malfunction or breakdown of the
24 emission source or related air pollution control
25 equipment if such operation would cause a violation of
26 the standards or limitations applicable to the source,
27 unless the CAAPP permit granted to the source provides
28 for such operation consistent with this Act and
29 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
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1 requirements, and schedules for achieving compliance at
2 the earliest reasonable date, which are or will be
3 required to accomplish the purposes and provisions of
4 this Act and to assure compliance with all applicable
5 requirements.
6 b. The Agency shall include among such conditions
7 applicable monitoring, reporting, record keeping and
8 compliance certification requirements, as authorized by
9 paragraphs d, e, and f of this subsection, that the
10 Agency deems necessary to assure compliance with the
11 Clean Air Act, the regulations promulgated thereunder,
12 this Act, and applicable Board regulations. When
13 monitoring, reporting, record keeping, and compliance
14 certification requirements are specified within the Clean
15 Air Act, regulations promulgated thereunder, this Act, or
16 applicable regulations, such requirements shall be
17 included within the CAAPP permit. The Board shall have
18 authority to promulgate additional regulations where
19 necessary to accomplish the purposes of the Clean Air
20 Act, this Act, and regulations promulgated thereunder.
21 c. The Agency shall assure, within such conditions,
22 the use of terms, test methods, units, averaging periods,
23 and other statistical conventions consistent with the
24 applicable emission limitations, standards, and other
25 requirements contained in the permit.
26 d. To meet the requirements of this subsection with
27 respect to monitoring, the permit shall:
28 i. Incorporate and identify all applicable
29 emissions monitoring and analysis procedures or test
30 methods required under the Clean Air Act,
31 regulations promulgated thereunder, this Act, and
32 applicable Board regulations, including any
33 procedures and methods promulgated by USEPA pursuant
34 to Section 504(b) or Section 114 (a)(3) of the Clean
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1 Air Act.
2 ii. Where the applicable requirement does not
3 require periodic testing or instrumental or
4 noninstrumental monitoring (which may consist of
5 recordkeeping designed to serve as monitoring),
6 require periodic monitoring sufficient to yield
7 reliable data from the relevant time period that is
8 representative of the source's compliance with the
9 permit, as reported pursuant to paragraph (f) of
10 this subsection. The Agency may determine that
11 recordkeeping requirements are sufficient to meet
12 the requirements of this subparagraph.
13 iii. As necessary, specify requirements
14 concerning the use, maintenance, and when
15 appropriate, installation of monitoring equipment or
16 methods.
17 e. To meet the requirements of this subsection with
18 respect to record keeping, the permit shall incorporate
19 and identify all applicable recordkeeping requirements
20 and require, where applicable, the following:
21 i. Records of required monitoring information
22 that include the following:
23 A. The date, place and time of sampling
24 or measurements.
25 B. The date(s) analyses were performed.
26 C. The company or entity that performed
27 the analyses.
28 D. The analytical techniques or methods
29 used.
30 E. The results of such analyses.
31 F. The operating conditions as existing
32 at the time of sampling or measurement.
33 ii. Retention of records of all monitoring
34 data and support information for a period of at
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1 least 5 years from the date of the monitoring
2 sample, measurement, report, or application.
3 Support information includes all calibration and
4 maintenance records, original strip-chart recordings
5 for continuous monitoring instrumentation, and
6 copies of all reports required by the permit.
7 f. To meet the requirements of this subsection with
8 respect to reporting, the permit shall incorporate and
9 identify all applicable reporting requirements and
10 require the following:
11 i. Submittal of reports of any required
12 monitoring every 6 months. More frequent submittals
13 may be requested by the Agency if such submittals
14 are necessary to assure compliance with this Act or
15 regulations promulgated by the Board thereunder.
16 All instances of deviations from permit requirements
17 must be clearly identified in such reports. All
18 required reports must be certified by a responsible
19 official consistent with subsection 5 of this
20 Section.
21 ii. Prompt reporting of deviations from permit
22 requirements, including those attributable to upset
23 conditions as defined in the permit, the probable
24 cause of such deviations, and any corrective actions
25 or preventive measures taken.
26 g. Each CAAPP permit issued under subsection 10 of
27 this Section shall include a condition prohibiting
28 emissions exceeding any allowances that the source
29 lawfully holds under Title IV of the Clean Air Act or the
30 regulations promulgated thereunder, consistent with
31 subsection 17 of this Section and applicable regulations,
32 if any.
33 h. All CAAPP permits shall state that, where
34 another applicable requirement of the Clean Air Act is
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1 more stringent than any applicable requirement of
2 regulations promulgated under Title IV of the Clean Air
3 Act, both provisions shall be incorporated into the
4 permit and shall be State and federally enforceable.
5 i. Each CAAPP permit issued under subsection 10 of
6 this Section shall include a severability clause to
7 ensure the continued validity of the various permit
8 requirements in the event of a challenge to any portions
9 of the permit.
10 j. The following shall apply with respect to owners
11 or operators requesting a permit shield:
12 i. The Agency shall include in a CAAPP permit,
13 when requested by an applicant pursuant to paragraph
14 5(p) of this Section, a provision stating that
15 compliance with the conditions of the permit shall
16 be deemed compliance with applicable requirements
17 which are applicable as of the date of release of
18 the proposed permit, provided that:
19 A. The applicable requirement is
20 specifically identified within the permit; or
21 B. The Agency in acting on the CAAPP
22 application or revision determines in writing
23 that other requirements specifically identified
24 are not applicable to the source, and the
25 permit includes that determination or a concise
26 summary thereof.
27 ii. The permit shall identify the requirements
28 for which the source is shielded. The shield shall
29 not extend to applicable requirements which are
30 promulgated after the date of release of the
31 proposed permit unless the permit has been modified
32 to reflect such new requirements.
33 iii. A CAAPP permit which does not expressly
34 indicate the existence of a permit shield shall not
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1 provide such a shield.
2 iv. Nothing in this paragraph or in a CAAPP
3 permit shall alter or affect the following:
4 A. The provisions of Section 303
5 (emergency powers) of the Clean Air Act,
6 including USEPA's authority under that section.
7 B. The liability of an owner or operator
8 of a source for any violation of applicable
9 requirements prior to or at the time of permit
10 issuance.
11 C. The applicable requirements of the
12 acid rain program consistent with Section
13 408(a) of the Clean Air Act.
14 D. The ability of USEPA to obtain
15 information from a source pursuant to Section
16 114 (inspections, monitoring, and entry) of the
17 Clean Air Act.
18 k. Each CAAPP permit shall include an emergency
19 provision providing an affirmative defense of emergency
20 to an action brought for noncompliance with
21 technology-based emission limitations under a CAAPP
22 permit if the following conditions are met through
23 properly signed, contemporaneous operating logs, or other
24 relevant evidence:
25 i. An emergency occurred and the permittee can
26 identify the cause(s) of the emergency.
27 ii. The permitted facility was at the time
28 being properly operated.
29 iii. The permittee submitted notice of the
30 emergency to the Agency within 2 working days of the
31 time when emission limitations were exceeded due to
32 the emergency. This notice must contain a detailed
33 description of the emergency, any steps taken to
34 mitigate emissions, and corrective actions taken.
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1 iv. During the period of the emergency the
2 permittee took all reasonable steps to minimize
3 levels of emissions that exceeded the emission
4 limitations, standards, or requirements in the
5 permit.
6 For purposes of this subsection, "emergency" means
7 any situation arising from sudden and reasonably
8 unforeseeable events beyond the control of the source,
9 such as an act of God, that requires immediate corrective
10 action to restore normal operation, and that causes the
11 source to exceed a technology-based emission limitation
12 under the permit, due to unavoidable increases in
13 emissions attributable to the emergency. An emergency
14 shall not include noncompliance to the extent caused by
15 improperly designed equipment, lack of preventative
16 maintenance, careless or improper operation, or operation
17 error.
18 In any enforcement proceeding, the permittee
19 seeking to establish the occurrence of an emergency has
20 the burden of proof. This provision is in addition to
21 any emergency or upset provision contained in any
22 applicable requirement. This provision does not relieve
23 a permittee of any reporting obligations under existing
24 federal or state laws or regulations.
25 l. The Agency shall include in each permit issued
26 under subsection 10 of this Section:
27 i. Terms and conditions for reasonably
28 anticipated operating scenarios identified by the
29 source in its application. The permit terms and
30 conditions for each such operating scenario shall
31 meet all applicable requirements and the
32 requirements of this Section.
33 A. Under this subparagraph, the source
34 must record in a log at the permitted facility
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1 a record of the scenario under which it is
2 operating contemporaneously with making a
3 change from one operating scenario to another.
4 B. The permit shield described in
5 paragraph 7(j) of this Section shall extend to
6 all terms and conditions under each such
7 operating scenario.
8 ii. Where requested by an applicant, all terms
9 and conditions allowing for trading of emissions
10 increases and decreases between different emission
11 units at the CAAPP source, to the extent that the
12 applicable requirements provide for trading of such
13 emissions increases and decreases without a
14 case-by-case approval of each emissions trade. Such
15 terms and conditions:
16 A. Shall include all terms required under
17 this subsection to determine compliance;
18 B. Must meet all applicable requirements;
19 C. Shall extend the permit shield
20 described in paragraph 7(j) of this Section to
21 all terms and conditions that allow such
22 increases and decreases in emissions.
23 m. The Agency shall specifically designate as not
24 being federally enforceable under the Clean Air Act any
25 terms and conditions included in the permit that are not
26 specifically required under the Clean Air Act or federal
27 regulations promulgated thereunder. Terms or conditions
28 so designated shall be subject to all applicable state
29 requirements, except the requirements of subsection 7
30 (other than this paragraph, paragraph q of subsection 7,
31 subsections 8 through 11, and subsections 13 through 16
32 of this Section. The Agency shall, however, include such
33 terms and conditions in the CAAPP permit issued to the
34 source.
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1 n. Each CAAPP permit issued under subsection 10 of
2 this Section shall specify and reference the origin of
3 and authority for each term or condition, and identify
4 any difference in form as compared to the applicable
5 requirement upon which the term or condition is based.
6 o. Each CAAPP permit issued under subsection 10 of
7 this Section shall include provisions stating the
8 following:
9 i. Duty to comply. The permittee must comply
10 with all terms and conditions of the CAAPP permit.
11 Any permit noncompliance constitutes a violation of
12 the Clean Air Act and the Act, and is grounds for
13 any or all of the following: enforcement action;
14 permit termination, revocation and reissuance, or
15 modification; or denial of a permit renewal
16 application.
17 ii. Need to halt or reduce activity not a
18 defense. It shall not be a defense for a permittee
19 in an enforcement action that it would have been
20 necessary to halt or reduce the permitted activity
21 in order to maintain compliance with the conditions
22 of this permit.
23 iii. Permit actions. The permit may be
24 modified, revoked, reopened, and reissued, or
25 terminated for cause in accordance with the
26 applicable subsections of Section 39.5 of this Act.
27 The filing of a request by the permittee for a
28 permit modification, revocation and reissuance, or
29 termination, or of a notification of planned changes
30 or anticipated noncompliance does not stay any
31 permit condition.
32 iv. Property rights. The permit does not
33 convey any property rights of any sort, or any
34 exclusive privilege.
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1 v. Duty to provide information. The permittee
2 shall furnish to the Agency within a reasonable time
3 specified by the Agency any information that the
4 Agency may request in writing to determine whether
5 cause exists for modifying, revoking and reissuing,
6 or terminating the permit or to determine compliance
7 with the permit. Upon request, the permittee shall
8 also furnish to the Agency copies of records
9 required to be kept by the permit or, for
10 information claimed to be confidential, the
11 permittee may furnish such records directly to USEPA
12 along with a claim of confidentiality.
13 vi. Duty to pay fees. The permittee must pay
14 fees to the Agency consistent with the fee schedule
15 approved pursuant to subsection 18 of this Section,
16 and submit any information relevant thereto.
17 vii. Emissions trading. No permit revision
18 shall be required for increases in emissions allowed
19 under any approved economic incentives, marketable
20 permits, emissions trading, and other similar
21 programs or processes for changes that are provided
22 for in the permit and that are authorized by the
23 applicable requirement.
24 p. Each CAAPP permit issued under subsection 10 of
25 this Section shall contain the following elements with
26 respect to compliance:
27 i. Compliance certification, testing,
28 monitoring, reporting, and record keeping
29 requirements sufficient to assure compliance with
30 the terms and conditions of the permit. Any
31 document (including reports) required by a CAAPP
32 permit shall contain a certification by a
33 responsible official that meets the requirements of
34 subsection 5 of this Section and applicable
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1 regulations.
2 ii. Inspection and entry requirements that
3 necessitate that, upon presentation of credentials
4 and other documents as may be required by law and in
5 accordance with constitutional limitations, the
6 permittee shall allow the Agency, or an authorized
7 representative to perform the following:
8 A. Enter upon the permittee's premises
9 where a CAAPP source is located or
10 emissions-related activity is conducted, or
11 where records must be kept under the conditions
12 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
17 facilities, equipment (including monitoring and
18 air pollution control equipment), practices, or
19 operations regulated or required under the
20 permit.
21 D. Sample or monitor any substances or
22 parameters at any location:
23 1. As authorized by the Clean Air
24 Act, at reasonable times, for the purposes
25 of assuring compliance with the CAAPP
26 permit or applicable requirements; or
27 2. As otherwise authorized by this
28 Act.
29 iii. A schedule of compliance consistent with
30 subsection 5 of this Section and applicable
31 regulations.
32 iv. Progress reports consistent with an
33 applicable schedule of compliance pursuant to
34 paragraph 5(d) of this Section and applicable
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1 regulations to be submitted semiannually, or more
2 frequently if the Agency determines that such more
3 frequent submittals are necessary for compliance
4 with the Act or regulations promulgated by the Board
5 thereunder. Such progress reports shall contain the
6 following:
7 A. Required dates for achieving the
8 activities, milestones, or compliance required
9 by the schedule of compliance and dates when
10 such activities, milestones or compliance were
11 achieved.
12 B. An explanation of why any dates in the
13 schedule of compliance were not or will not be
14 met, and any preventive or corrective measures
15 adopted.
16 v. Requirements for compliance certification
17 with terms and conditions contained in the permit,
18 including emission limitations, standards, or work
19 practices. Permits shall include each of the
20 following:
21 A. The frequency (annually or more
22 frequently as specified in any applicable
23 requirement or by the Agency pursuant to
24 written procedures) of submissions of
25 compliance certifications.
26 B. A means for assessing or monitoring
27 the compliance of the source with its emissions
28 limitations, standards, and work practices.
29 C. A requirement that the compliance
30 certification include the following:
31 1. The identification of each term
32 or condition contained in the permit that
33 is the basis of the certification.
34 2. The compliance status.
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1 3. Whether compliance was continuous
2 or intermittent.
3 4. The method(s) used for
4 determining the compliance status of the
5 source, both currently and over the
6 reporting period consistent with
7 subsection 7 of Section 39.5 of the Act.
8 D. A requirement that all compliance
9 certifications be submitted to USEPA as well as
10 to the Agency.
11 E. Additional requirements as may be
12 specified pursuant to Sections 114(a)(3) and
13 504(b) of the Clean Air Act.
14 F. Other provisions as the Agency may
15 require.
16 q. If the owner or operator of CAAPP source can
17 demonstrate in its CAAPP application, including an
18 application for a significant modification, that an
19 alternative emission limit would be equivalent to that
20 contained in the applicable Board regulations, the Agency
21 shall include the alternative emission limit in the CAAPP
22 permit, which shall supersede the emission limit set
23 forth in the applicable Board regulations, and shall
24 include conditions that insure that the resulting
25 emission limit is quantifiable, accountable, enforceable,
26 and based on replicable procedures.
27 8. Public Notice; Affected State Review.
28 a. The Agency shall provide notice to the public,
29 including an opportunity for public comment and a
30 hearing, on each draft CAAPP permit for issuance, renewal
31 or significant modification, subject to Sections 7(a) and
32 7.1 of this Act.
33 b. The Agency shall prepare a draft CAAPP permit
34 and a statement that sets forth the legal and factual
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1 basis for the draft CAAPP permit conditions, including
2 references to the applicable statutory or regulatory
3 provisions. The Agency shall provide this statement to
4 any person who requests it.
5 c. The Agency shall give notice of each draft CAAPP
6 permit to the applicant and to any affected State on or
7 before the time that the Agency has provided notice to
8 the public, except as otherwise provided in this Act.
9 d. The Agency, as part of its submittal of a
10 proposed permit to USEPA (or as soon as possible after
11 the submittal for minor permit modification procedures
12 allowed under subsection 14 of this Section), shall
13 notify USEPA and any affected State in writing of any
14 refusal of the Agency to accept all of the
15 recommendations for the proposed permit that an affected
16 State submitted during the public or affected State
17 review period. The notice shall include the Agency's
18 reasons for not accepting the recommendations. The
19 Agency is not required to accept recommendations that are
20 not based on applicable requirements or the requirements
21 of this Section.
22 e. The Agency shall make available to the public
23 any CAAPP permit application, compliance plan (including
24 the schedule of compliance), CAAPP permit, and emissions
25 or compliance monitoring report. If an owner or operator
26 of a CAAPP source is required to submit information
27 entitled to protection from disclosure under Section 7(a)
28 or Section 7.1 of this Act, the owner or operator shall
29 submit such information separately. The requirements of
30 Section 7(a) or Section 7.1 of this Act shall apply to
31 such information, which shall not be included in a CAAPP
32 permit unless required by law. The contents of a CAAPP
33 permit shall not be entitled to protection under Section
34 7(a) or Section 7.1 of this Act.
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1 f. 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 9. USEPA Notice and Objection.
6 a. The Agency shall provide to USEPA for its review
7 a copy of each CAAPP application (including any
8 application for permit modification), statement of basis
9 as provided in paragraph 8(b) of this Section, proposed
10 CAAPP permit, CAAPP permit, and, if the Agency does not
11 incorporate any affected State's recommendations on a
12 proposed CAAPP permit, a written statement of this
13 decision and its reasons for not accepting the
14 recommendations, except as otherwise provided in this Act
15 or by agreement with USEPA. To the extent practicable,
16 the preceding information shall be provided in computer
17 readable format compatible with USEPA's national database
18 management system.
19 b. The Agency shall not issue the proposed CAAPP
20 permit if USEPA objects in writing within 45 days of
21 receipt of the proposed CAAPP permit and all necessary
22 supporting information.
23 c. If USEPA objects in writing to the issuance of
24 the proposed CAAPP permit within the 45-day period, the
25 Agency shall respond in writing and may revise and
26 resubmit the proposed CAAPP permit in response to the
27 stated objection, to the extent supported by the record,
28 within 90 days after the date of the objection. Prior to
29 submitting a revised permit to USEPA, the Agency shall
30 provide the applicant and any person who participated in
31 the public comment process, pursuant to subsection 8 of
32 this Section, with a 10-day period to comment on any
33 revision which the Agency is proposing to make to the
34 permit in response to USEPA's objection in accordance
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1 with Agency procedures.
2 d. Any USEPA objection under this subsection,
3 according to the Clean Air Act, will include a statement
4 of reasons for the objection and a description of the
5 terms and conditions that must be in the permit, in order
6 to adequately respond to the objections. Grounds for a
7 USEPA objection include the failure of the Agency to:
8 (1) submit the items and notices required under this
9 subsection; (2) submit any other information necessary to
10 adequately review the proposed CAAPP permit; or (3)
11 process the permit under subsection 8 of this Section
12 except for minor permit modifications.
13 e. If USEPA does not object in writing to issuance
14 of a permit under this subsection, any person may
15 petition USEPA within 60 days after expiration of the
16 45-day review period to make such objection.
17 f. If the permit has not yet been issued and USEPA
18 objects to the permit as a result of a petition, the
19 Agency shall not issue the permit until USEPA's objection
20 has been resolved. The Agency shall provide a 10-day
21 comment period in accordance with paragraph c of this
22 subsection. A petition does not, however, stay the
23 effectiveness of a permit or its requirements if the
24 permit was issued after expiration of the 45-day review
25 period and prior to a USEPA objection.
26 g. If the Agency has issued a permit after
27 expiration of the 45-day review period and prior to
28 receipt of a USEPA objection under this subsection in
29 response to a petition submitted pursuant to paragraph e
30 of this subsection, the Agency may, upon receipt of an
31 objection from USEPA, revise and resubmit the permit to
32 USEPA pursuant to this subsection after providing a
33 10-day comment period in accordance with paragraph c of
34 this subsection. If the Agency fails to submit a revised
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1 permit in response to the objection, USEPA shall modify,
2 terminate or revoke the permit. In any case, the source
3 will not be in violation of the requirement to have
4 submitted a timely and complete application.
5 h. The Agency shall have the authority to adopt
6 procedural rules, in accordance with the Illinois
7 Administrative Procedure Act, as the Agency deems
8 necessary, to implement this subsection.
9 10. Final Agency Action.
10 a. The Agency shall issue a CAAPP permit, permit
11 modification, or permit renewal if all of the following
12 conditions are met:
13 i. The applicant has submitted a complete and
14 certified application for a permit, permit
15 modification, or permit renewal consistent with
16 subsections 5 and 14 of this Section, as applicable,
17 and applicable regulations.
18 ii. The applicant has submitted with its
19 complete application an approvable compliance plan,
20 including a schedule for achieving compliance,
21 consistent with subsection 5 of this Section and
22 applicable regulations.
23 iii. The applicant has timely paid the fees
24 required pursuant to subsection 18 of this Section
25 and applicable regulations.
26 iv. The Agency has received a complete CAAPP
27 application and, if necessary, has requested and
28 received additional information from the applicant
29 consistent with subsection 5 of this Section and
30 applicable regulations.
31 v. The Agency has complied with all applicable
32 provisions regarding public notice and affected
33 State review consistent with subsection 8 of this
34 Section and applicable regulations.
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1 vi. The Agency has provided a copy of each
2 CAAPP application, or summary thereof, pursuant to
3 agreement with USEPA and proposed CAAPP permit
4 required under subsection 9 of this Section to
5 USEPA, and USEPA has not objected to the issuance of
6 the permit in accordance with the Clean Air Act and
7 40 CFR Part 70.
8 b. The Agency shall have the authority to deny a
9 CAAPP permit, permit modification, or permit renewal if
10 the applicant has not complied with the requirements of
11 paragraphs (a)(i)-(a)(iv) of this subsection or if USEPA
12 objects to its issuance.
13 c. i. Prior to denial of a CAAPP permit, permit
14 modification, or permit renewal under this Section,
15 the Agency shall notify the applicant of the
16 possible denial and the reasons for the denial.
17 ii. Within such notice, the Agency shall
18 specify an appropriate date by which the applicant
19 shall adequately respond to the Agency's notice.
20 Such date shall not exceed 15 days from the date the
21 notification is received by the applicant. The
22 Agency may grant a reasonable extension for good
23 cause shown.
24 iii. Failure by the applicant to adequately
25 respond by the date specified in the notification or
26 by any granted extension date shall be grounds for
27 denial of the permit.
28 For purposes of obtaining judicial review under
29 Sections 40.2 and 41 of this Act, the Agency shall
30 provide to USEPA and each applicant, and, upon
31 request, to affected States, any person who
32 participated in the public comment process, and any
33 other person who could obtain judicial review under
34 Sections 40.2 and 41 of this Act, a copy of each
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1 CAAPP permit or notification of denial pertaining to
2 that party.
3 d. The Agency shall have the authority to adopt
4 procedural rules, in accordance with the Illinois
5 Administrative Procedure Act, as the Agency deems
6 necessary, to implement this subsection.
7 11. General Permits.
8 a. The Agency may issue a general permit covering
9 numerous similar sources, except for affected sources for
10 acid deposition unless otherwise provided in regulations
11 promulgated under Title IV of the Clean Air Act.
12 b. The Agency shall identify, in any general
13 permit, criteria by which sources may qualify for the
14 general permit.
15 c. CAAPP sources that would qualify for a general
16 permit must apply for coverage under the terms of the
17 general permit or must apply for a CAAPP permit
18 consistent with subsection 5 of this Section and
19 applicable regulations.
20 d. The Agency shall comply with the public comment
21 and hearing provisions of this Section as well as the
22 USEPA and affected State review procedures prior to
23 issuance of a general permit.
24 e. When granting a subsequent request by a
25 qualifying CAAPP source for coverage under the terms of a
26 general permit, the Agency shall not be required to
27 repeat the public notice and comment procedures. The
28 granting of such request shall not be considered a final
29 permit action for purposes of judicial review.
30 f. The Agency may not issue a general permit to
31 cover any discrete emission unit at a CAAPP source if
32 another CAAPP permit covers emission units at the source.
33 g. The Agency shall have the authority to adopt
34 procedural rules, in accordance with the Illinois
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1 Administrative Procedure Act, as the Agency deems
2 necessary, to implement this subsection.
3 12. Operational Flexibility.
4 a. An owner or operator of a CAAPP source may make
5 changes at the CAAPP source without requiring a prior
6 permit revision, consistent with subparagraphs (a) (i)
7 through (a) (iii) of this subsection, so long as the
8 changes are not modifications under any provision of
9 Title I of the Clean Air Act and they do not exceed the
10 emissions allowable under the permit (whether expressed
11 therein as a rate of emissions or in terms of total
12 emissions), provided that the owner or operator of the
13 CAAPP source provides USEPA and the Agency with written
14 notification as required below in advance of the proposed
15 changes, which shall be a minimum of 7 days, unless
16 otherwise provided by the Agency in applicable
17 regulations regarding emergencies. The owner or operator
18 of a CAAPP source and the Agency shall each attach such
19 notice to their copy of the relevant permit.
20 i. An owner or operator of a CAAPP source may
21 make Section 502 (b) (10) changes without a permit
22 revision, if the changes are not modifications under
23 any provision of Title I of the Clean Air Act and
24 the changes do not exceed the emissions allowable
25 under the permit (whether expressed therein as a
26 rate of emissions or in terms of total emissions).
27 A. For each such change, the written
28 notification required above shall include a
29 brief description of the change within the
30 source, the date on which the change will
31 occur, any change in emissions, and any permit
32 term or condition that is no longer applicable
33 as a result of the change.
34 B. The permit shield described in
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1 paragraph 7(j) of this Section shall not apply
2 to any change made pursuant to this
3 subparagraph.
4 ii. An owner or operator of a CAAPP source may
5 trade increases and decreases in emissions in the
6 CAAPP source, where the applicable implementation
7 plan provides for such emission trades without
8 requiring a permit revision. This provision is
9 available in those cases where the permit does not
10 already provide for such emissions trading.
11 A. Under this subparagraph (a)(ii), the
12 written notification required above shall
13 include such information as may be required by
14 the provision in the applicable implementation
15 plan authorizing the emissions trade, including
16 at a minimum, when the proposed changes will
17 occur, a description of each such change, any
18 change in emissions, the permit requirements
19 with which the source will comply using the
20 emissions trading provisions of the applicable
21 implementation plan, and the pollutants emitted
22 subject to the emissions trade. The notice
23 shall also refer to the provisions in the
24 applicable implementation plan with which the
25 source will comply and provide for the
26 emissions trade.
27 B. The permit shield described in
28 paragraph 7(j) of this Section shall not apply
29 to any change made pursuant to this
30 subparagraph (a) (ii). Compliance with the
31 permit requirements that the source will meet
32 using the emissions trade shall be determined
33 according to the requirements of the applicable
34 implementation plan authorizing the emissions
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1 trade.
2 iii. If requested within a CAAPP application,
3 the Agency shall issue a CAAPP permit which contains
4 terms and conditions, including all terms required
5 under subsection 7 of this Section to determine
6 compliance, allowing for the trading of emissions
7 increases and decreases at the CAAPP source solely
8 for the purpose of complying with a
9 federally-enforceable emissions cap that is
10 established in the permit independent of otherwise
11 applicable requirements. The owner or operator of a
12 CAAPP source shall include in its CAAPP application
13 proposed replicable procedures and permit terms that
14 ensure the emissions trades are quantifiable and
15 enforceable. The permit shall also require
16 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
20 the changes in emissions that will result and
21 how these increases and decreases in emissions
22 will comply with the terms and conditions of
23 the permit.
24 B. The permit shield described in
25 paragraph 7(j) of this Section shall extend to
26 terms and conditions that allow such increases
27 and decreases in emissions.
28 b. An owner or operator of a CAAPP source may make
29 changes that are not addressed or prohibited by the
30 permit, other than those which are subject to any
31 requirements under Title IV of the Clean Air Act or are
32 modifications under any provisions of Title I of the
33 Clean Air Act, without a permit revision, in accordance
34 with the following requirements:
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1 (i) Each such change shall meet all applicable
2 requirements and shall not violate any existing
3 permit term or condition;
4 (ii) Sources must provide contemporaneous
5 written notice to the Agency and USEPA of each such
6 change, except for changes that qualify as
7 insignificant under provisions adopted by the Agency
8 or the Board. Such written notice shall describe
9 each such change, including the date, any change in
10 emissions, pollutants emitted, and any applicable
11 requirement that would apply as a result of the
12 change;
13 (iii) The change shall not qualify for the
14 shield described in paragraph 7(j) of this Section;
15 and
16 (iv) The permittee shall keep a record
17 describing changes made at the source that result in
18 emissions of a regulated air pollutant subject to an
19 applicable Clean Air Act requirement, but not
20 otherwise regulated under the permit, and the
21 emissions resulting from those changes.
22 c. 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 13. Administrative Permit Amendments.
27 a. The Agency shall take final action on a request
28 for an administrative permit amendment within 60 days of
29 receipt of the request. Neither notice nor an
30 opportunity for public and affected State comment shall
31 be required for the Agency to incorporate such revisions,
32 provided it designates the permit revisions as having
33 been made pursuant to this subsection.
34 b. The Agency shall submit a copy of the revised
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1 permit to USEPA.
2 c. For purposes of this Section the term
3 "administrative permit amendment" shall be defined as: a
4 permit revision that can accomplish one or more of the
5 changes described below:
6 i. Corrects typographical errors;
7 ii. Identifies a change in the name, address,
8 or phone number of any person identified in the
9 permit, or provides a similar minor administrative
10 change at the source;
11 iii. Requires more frequent monitoring or
12 reporting by the permittee;
13 iv. Allows for a change in ownership or
14 operational control of a source where the Agency
15 determines that no other change in the permit is
16 necessary, provided that a written agreement
17 containing a specific date for transfer of permit
18 responsibility, coverage, and liability between the
19 current and new permittees has been submitted to the
20 Agency;
21 v. Incorporates into the CAAPP permit the
22 requirements from preconstruction review permits
23 authorized under a USEPA-approved program, provided
24 the program meets procedural and compliance
25 requirements substantially equivalent to those
26 contained in this Section;
27 vi. Incorporates into the CAAPP permit revised
28 limitations or other requirements resulting from the
29 application of an approved economic incentives rule,
30 a marketable permits rule or generic emissions
31 trading rule, where these rules have been approved
32 by USEPA and require changes thereunder to meet
33 procedural requirements substantially equivalent to
34 those specified in this Section; or
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1 vii. Any other type of change which USEPA has
2 determined as part of the approved CAAPP permit
3 program to be similar to those included in this
4 subsection.
5 d. The Agency shall, upon taking final action
6 granting a request for an administrative permit
7 amendment, allow coverage by the permit shield in
8 paragraph 7(j) of this Section for administrative permit
9 amendments made pursuant to subparagraph (c)(v) of this
10 subsection which meet the relevant requirements for
11 significant permit modifications.
12 e. Permit revisions and modifications, including
13 administrative amendments and automatic amendments
14 (pursuant to Sections 408(b) and 403(d) of the Clean Air
15 Act or regulations promulgated thereunder), for purposes
16 of the acid rain portion of the permit shall be governed
17 by the regulations promulgated under Title IV of the
18 Clean Air Act. Owners or operators of affected sources
19 for acid deposition shall have the flexibility to amend
20 their compliance plans as provided in the regulations
21 promulgated under Title IV of the Clean Air Act.
22 f. The CAAPP source may implement the changes
23 addressed in the request for an administrative permit
24 amendment immediately upon submittal of the request.
25 g. 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 14. Permit Modifications.
30 a. Minor permit modification procedures.
31 i. The Agency shall review a permit
32 modification using the "minor permit" modification
33 procedures only for those permit modifications that:
34 A. Do not violate any applicable
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1 requirement;
2 B. Do not involve significant changes to
3 existing monitoring, reporting, or
4 recordkeeping requirements in the permit;
5 C. Do not require a case-by-case
6 determination of an emission limitation or
7 other standard, or a source-specific
8 determination of ambient impacts, or a
9 visibility or increment analysis;
10 D. Do not seek to establish or change a
11 permit term or condition for which there is no
12 corresponding underlying requirement and which
13 avoids an applicable requirement to which the
14 source would otherwise be subject. Such terms
15 and conditions include:
16 1. A federally enforceable emissions
17 cap assumed to avoid classification as a
18 modification under any provision of Title
19 I of the Clean Air Act; and
20 2. An alternative emissions limit
21 approved pursuant to regulations
22 promulgated under Section 112(i)(5) of the
23 Clean Air Act;
24 E. Are not modifications under any
25 provision of Title I of the Clean Air Act; and
26 F. Are not required to be processed as a
27 significant modification.
28 ii. Notwithstanding subparagraphs (a)(i) and
29 (b)(ii) of this subsection, minor permit
30 modification procedures may be used for permit
31 modifications involving the use of economic
32 incentives, marketable permits, emissions trading,
33 and other similar approaches, to the extent that
34 such minor permit modification procedures are
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1 explicitly provided for in an applicable
2 implementation plan or in applicable requirements
3 promulgated by USEPA.
4 iii. An applicant requesting the use of minor
5 permit modification procedures shall meet the
6 requirements of subsection 5 of this Section and
7 shall include the following in its application:
8 A. A description of the change, the
9 emissions resulting from the change, and any
10 new applicable requirements that will apply if
11 the change occurs;
12 B. The source's suggested draft permit;
13 C. Certification by a responsible
14 official, consistent with paragraph 5(e) of
15 this Section and applicable regulations, that
16 the proposed modification meets the criteria
17 for use of minor permit modification procedures
18 and a request that such procedures be used; and
19 D. Completed forms for the Agency to use
20 to notify USEPA and affected States as required
21 under subsections 8 and 9 of this Section.
22 iv. Within 5 working days of receipt of a
23 complete permit modification application, the Agency
24 shall notify USEPA and affected States of the
25 requested permit modification in accordance with
26 subsections 8 and 9 of this Section. The Agency
27 promptly shall send any notice required under
28 paragraph 8(d) of this Section to USEPA.
29 v. The Agency may not issue a final permit
30 modification until after the 45-day review period
31 for USEPA or until USEPA has notified the Agency
32 that USEPA will not object to the issuance of the
33 permit modification, whichever comes first, although
34 the Agency can approve the permit modification prior
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1 to that time. Within 90 days of the Agency's
2 receipt of an application under the minor permit
3 modification procedures or 15 days after the end of
4 USEPA's 45-day review period under subsection 9 of
5 this Section, whichever is later, the Agency shall:
6 A. Issue the permit modification as
7 proposed;
8 B. Deny the permit modification
9 application;
10 C. Determine that the requested
11 modification does not meet the minor permit
12 modification criteria and should be reviewed
13 under the significant modification procedures;
14 or
15 D. Revise the draft permit modification
16 and transmit to USEPA the new proposed permit
17 modification as required by subsection 9 of
18 this Section.
19 vi. Any CAAPP source may make the change
20 proposed in its minor permit modification
21 application immediately after it files such
22 application. After the CAAPP source makes the
23 change allowed by the preceding sentence, and until
24 the Agency takes any of the actions specified in
25 subparagraphs (a)(v)(A) through (a)(v)(C) of this
26 subsection, the source must comply with both the
27 applicable requirements governing the change and the
28 proposed permit terms and conditions. During this
29 time period, the source need not comply with the
30 existing permit terms and conditions it seeks to
31 modify. If the source fails to comply with its
32 proposed permit terms and conditions during this
33 time period, the existing permit terms and
34 conditions which it seeks to modify may be enforced
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1 against it.
2 vii. The permit shield under subparagraph 7(j)
3 of this Section may not extend to minor permit
4 modifications.
5 viii. If a construction permit is required,
6 pursuant to Section 39(a) of this Act and
7 regulations thereunder, for a change for which the
8 minor permit modification procedures are applicable,
9 the source may request that the processing of the
10 construction permit application be consolidated with
11 the processing of the application for the minor
12 permit modification. In such cases, the provisions
13 of this Section, including those within subsections
14 5, 8, and 9, shall apply and the Agency shall act on
15 such applications pursuant to subparagraph 14(a)(v).
16 The source may make the proposed change immediately
17 after filing its application for the minor permit
18 modification. Nothing in this subparagraph shall
19 otherwise affect the requirements and procedures
20 applicable to construction permits.
21 b. Group Processing of Minor Permit Modifications.
22 i. Where requested by an applicant within its
23 application, the Agency shall process groups of a
24 source's applications for certain modifications
25 eligible for minor permit modification processing
26 in accordance with the provisions of this paragraph
27 (b).
28 ii. Permit modifications may be processed in
29 accordance with the procedures for group processing,
30 for those modifications:
31 A. Which meet the criteria for minor
32 permit modification procedures under
33 subparagraph 14(a)(i) of this Section; and
34 B. That collectively are below 10 percent
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1 of the emissions allowed by the permit for the
2 emissions unit for which change is requested,
3 20 percent of the applicable definition of
4 major source set forth in subsection 2 of this
5 Section, or 5 tons per year, whichever is
6 least.
7 iii. An applicant requesting the use of group
8 processing procedures shall meet the requirements of
9 subsection 5 of this Section and shall include the
10 following in its application:
11 A. A description of the change, the
12 emissions resulting from the change, and any
13 new applicable requirements that will apply if
14 the change occurs.
15 B. The source's suggested draft permit.
16 C. Certification by a responsible
17 official consistent with paragraph 5(e) of this
18 Section, that the proposed modification meets
19 the criteria for use of group processing
20 procedures and a request that such procedures
21 be used.
22 D. A list of the source's other pending
23 applications awaiting group processing, and a
24 determination of whether the requested
25 modification, aggregated with these other
26 applications, equals or exceeds the threshold
27 set under subparagraph (b)(ii)(B) of this
28 subsection.
29 E. Certification, consistent with
30 paragraph 5(e), that the source has notified
31 USEPA of the proposed modification. Such
32 notification need only contain a brief
33 description of the requested modification.
34 F. Completed forms for the Agency to use
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1 to notify USEPA and affected states as required
2 under subsections 8 and 9 of this Section.
3 iv. On a quarterly basis or within 5 business
4 days of receipt of an application demonstrating that
5 the aggregate of a source's pending applications
6 equals or exceeds the threshold level set forth
7 within subparagraph (b)(ii)(B) of this subsection,
8 whichever is earlier, the Agency shall promptly
9 notify USEPA and affected States of the requested
10 permit modifications in accordance with subsections
11 8 and 9 of this Section. The Agency shall send any
12 notice required under paragraph 8(d) of this Section
13 to USEPA.
14 v. The provisions of subparagraph (a)(v) of
15 this subsection shall apply to modifications
16 eligible for group processing, except that the
17 Agency shall take one of the actions specified in
18 subparagraphs (a)(v)(A) through (a)(v)(D) of this
19 subsection within 180 days of receipt of the
20 application or 15 days after the end of USEPA's
21 45-day review period under subsection 9 of this
22 Section, whichever is later.
23 vi. The provisions of subparagraph (a)(vi) of
24 this subsection shall apply to modifications for
25 group processing.
26 vii. The provisions of paragraph 7(j) of this
27 Section shall not apply to modifications eligible
28 for group processing.
29 c. Significant Permit Modifications.
30 i. Significant modification procedures shall
31 be used for applications requesting significant
32 permit modifications and for those applications that
33 do not qualify as either minor permit modifications
34 or as administrative permit amendments.
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1 ii. Every significant change in existing
2 monitoring permit terms or conditions and every
3 relaxation of reporting or recordkeeping
4 requirements shall be considered significant. A
5 modification shall also be considered significant if
6 in the judgment of the Agency action on an
7 application for modification would require decisions
8 to be made on technically complex issues. Nothing
9 herein shall be construed to preclude the permittee
10 from making changes consistent with this Section
11 that would render existing permit compliance terms
12 and conditions irrelevant.
13 iii. Significant permit modifications must
14 meet all the requirements of this Section, including
15 those for applications (including completeness
16 review), public participation, review by affected
17 States, and review by USEPA applicable to initial
18 permit issuance and permit renewal. The Agency
19 shall take final action on significant permit
20 modifications within 9 months after receipt of a
21 complete application.
22 d. 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 15. Reopenings for Cause by the Agency.
27 a. Each issued CAAPP permit shall include
28 provisions specifying the conditions under which the
29 permit will be reopened prior to the expiration of the
30 permit. Such revisions shall be made as expeditiously as
31 practicable. A CAAPP permit shall be reopened and
32 revised under any of the following circumstances, in
33 accordance with procedures adopted by the Agency:
34 i. Additional requirements under the Clean Air
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1 Act become applicable to a major CAAPP source for
2 which 3 or more years remain on the original term of
3 the permit. Such a reopening shall be completed not
4 later than 18 months after the promulgation of the
5 applicable requirement. No such revision is
6 required if the effective date of the requirement is
7 later than the date on which the permit is due to
8 expire.
9 ii. Additional requirements (including excess
10 emissions requirements) become applicable to an
11 affected source for acid deposition under the acid
12 rain program. Excess emissions offset plans shall
13 be deemed to be incorporated into the permit upon
14 approval by USEPA.
15 iii. The Agency or USEPA determines that the
16 permit contains a material mistake or that
17 inaccurate statements were made in establishing the
18 emissions standards, limitations, or other terms or
19 conditions of the permit.
20 iv. The Agency or USEPA determines that the
21 permit must be revised or revoked to assure
22 compliance with the applicable requirements.
23 b. In the event that the Agency determines that
24 there are grounds for revoking a CAAPP permit, for cause,
25 consistent with paragraph a of this subsection, it shall
26 file a petition before the Board setting forth the basis
27 for such revocation. In any such proceeding, the Agency
28 shall have the burden of establishing that the permit
29 should be revoked under the standards set forth in this
30 Act and the Clean Air Act. Any such proceeding shall be
31 conducted pursuant to the Board's procedures for
32 adjudicatory hearings and the Board shall render its
33 decision within 120 days of the filing of the petition.
34 The Agency shall take final action to revoke and reissue
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1 a CAAPP permit consistent with the Board's order.
2 c. Proceedings regarding a reopened CAAPP permit
3 shall follow the same procedures as apply to initial
4 permit issuance and shall affect only those parts of the
5 permit for which cause to reopen exists.
6 d. Reopenings under paragraph (a) of this
7 subsection shall not be initiated before a notice of such
8 intent is provided to the CAAPP source by the Agency at
9 least 30 days in advance of the date that the permit is
10 to be reopened, except that the Agency may provide a
11 shorter time period in the case of an emergency.
12 e. The Agency shall have the authority to adopt
13 procedural rules, in accordance with the Illinois
14 Administrative Procedure Act, as the Agency deems
15 necessary, to implement this subsection.
16 16. Reopenings for Cause by USEPA.
17 a. When USEPA finds that cause exists to terminate,
18 modify, or revoke and reissue a CAAPP permit pursuant to
19 subsection 15 of this Section, and thereafter notifies
20 the Agency and the permittee of such finding in writing,
21 the Agency shall forward to USEPA and the permittee a
22 proposed determination of termination, modification, or
23 revocation and reissuance as appropriate, in accordance
24 with paragraph b of this subsection. The Agency's
25 proposed determination shall be in accordance with the
26 record, the Clean Air Act, regulations promulgated
27 thereunder, this Act and regulations promulgated
28 thereunder. Such proposed determination shall not affect
29 the permit or constitute a final permit action for
30 purposes of this Act or the Administrative Review Law.
31 The Agency shall forward to USEPA such proposed
32 determination within 90 days after receipt of the
33 notification from USEPA. If additional time is necessary
34 to submit the proposed determination, the Agency shall
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1 request a 90-day extension from USEPA and shall submit
2 the proposed determination within 180 days of receipt of
3 notification from USEPA.
4 b. i. Prior to the Agency's submittal to USEPA
5 of a proposed determination to terminate or revoke
6 and reissue the permit, the Agency shall file a
7 petition before the Board setting forth USEPA's
8 objection, the permit record, the Agency's proposed
9 determination, and the justification for its
10 proposed determination. The Board shall conduct a
11 hearing pursuant to the rules prescribed by Section
12 32 of this Act, and the burden of proof shall be on
13 the Agency.
14 ii. After due consideration of the written and
15 oral statements, the testimony and arguments that
16 shall be submitted at hearing, the Board shall issue
17 and enter an interim order for the proposed
18 determination, which shall set forth all changes, if
19 any, required in the Agency's proposed
20 determination. The interim order shall comply with
21 the requirements for final orders as set forth in
22 Section 33 of this Act. Issuance of an interim order
23 by the Board under this paragraph, however, shall
24 not affect the permit status and does not constitute
25 a final action for purposes of this Act or the
26 Administrative Review Law.
27 iii. The Board shall cause a copy of its
28 interim order to be served upon all parties to the
29 proceeding as well as upon USEPA. The Agency shall
30 submit the proposed determination to USEPA in
31 accordance with the Board's Interim Order within 180
32 days after receipt of the notification from USEPA.
33 c. USEPA shall review the proposed determination to
34 terminate, modify, or revoke and reissue the permit
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1 within 90 days of receipt.
2 i. When USEPA reviews the proposed
3 determination to terminate or revoke and reissue and
4 does not object, the Board shall, within 7 days of
5 receipt of USEPA's final approval, enter the interim
6 order as a final order. The final order may be
7 appealed as provided by Title XI of this Act. The
8 Agency shall take final action in accordance with
9 the Board's final order.
10 ii. When USEPA reviews such proposed
11 determination to terminate or revoke and reissue and
12 objects, the Agency shall submit USEPA's objection
13 and the Agency's comments and recommendation on the
14 objection to the Board and permittee. The Board
15 shall review its interim order in response to
16 USEPA's objection and the Agency's comments and
17 recommendation and issue a final order in accordance
18 with Sections 32 and 33 of this Act. The Agency
19 shall, within 90 days after receipt of such
20 objection, respond to USEPA's objection in
21 accordance with the Board's final order.
22 iii. When USEPA reviews such proposed
23 determination to modify and objects, the Agency
24 shall, within 90 days after receipt of the
25 objection, resolve the objection and modify the
26 permit in accordance with USEPA's objection, based
27 upon the record, the Clean Air Act, regulations
28 promulgated thereunder, this Act, and regulations
29 promulgated thereunder.
30 d. If the Agency fails to submit the proposed
31 determination pursuant to paragraph a of this subsection
32 or fails to resolve any USEPA objection pursuant to
33 paragraph c of this subsection, USEPA will terminate,
34 modify, or revoke and reissue the permit.
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1 e. The Agency shall have the authority to adopt
2 procedural rules, in accordance with the Illinois
3 Administrative Procedure Act, as the Agency deems
4 necessary, to implement this subsection.
5 17. Title IV; Acid Rain Provisions.
6 a. The Agency shall act on initial CAAPP
7 applications for affected sources for acid deposition in
8 accordance with this Section and Title V of the Clean Air
9 Act and regulations promulgated thereunder, except as
10 modified by Title IV of the Clean Air Act and regulations
11 promulgated thereunder. The Agency shall issue initial
12 CAAPP permits to the affected sources for acid deposition
13 which shall become effective no earlier than January 1,
14 1995, and which shall terminate on December 31, 1999, in
15 accordance with this Section. Subsequent CAAPP permits
16 issued to affected sources for acid deposition shall be
17 issued for a fixed term of 5 years. Title IV of the Clean
18 Air Act and regulations promulgated thereunder, including
19 but not limited to 40 C.F.R. Part 72, as now or hereafter
20 amended, are applicable to and enforceable under this
21 Act.
22 b. A designated representative of an affected
23 source for acid deposition shall submit a timely and
24 complete Phase II acid rain permit application and
25 compliance plan to the Agency, not later than January 1,
26 1996, that meets the requirements of Titles IV and V of
27 the Clean Air Act and regulations. The Agency shall act
28 on the Phase II acid rain permit application and
29 compliance plan in accordance with this Section and Title
30 V of the Clean Air Act and regulations promulgated
31 thereunder, except as modified by Title IV of the Clean
32 Air Act and regulations promulgated thereunder. The
33 Agency shall issue the Phase II acid rain permit to an
34 affected source for acid deposition no later than
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1 December 31, 1997, which shall become effective on
2 January 1, 2000, in accordance with this Section, except
3 as modified by Title IV and regulations promulgated
4 thereunder; provided that the designated representative
5 of the source submitted a timely and complete Phase II
6 permit application and compliance plan to the Agency that
7 meets the requirements of Title IV and V of the Clean Air
8 Act and regulations.
9 c. Each Phase II acid rain permit issued in
10 accordance with this subsection shall have a fixed term
11 of 5 years. Except as provided in paragraph b above, the
12 Agency shall issue or deny a Phase II acid rain permit
13 within 18 months of receiving a complete Phase II permit
14 application and compliance plan.
15 d. A designated representative of a new unit, as
16 defined in Section 402 of the Clean Air Act, shall submit
17 a timely and complete Phase II acid rain permit
18 application and compliance plan that meets the
19 requirements of Titles IV and V of the Clean Air Act and
20 its regulations. The Agency shall act on the new unit's
21 Phase II acid rain permit application and compliance plan
22 in accordance with this Section and Title V of the Clean
23 Air Act and its regulations, except as modified by Title
24 IV of the Clean Air Act and its regulations. The Agency
25 shall reopen the new unit's CAAPP permit for cause to
26 incorporate the approved Phase II acid rain permit in
27 accordance with this Section. The Phase II acid rain
28 permit for the new unit shall become effective no later
29 than the date required under Title IV of the Clean Air
30 Act and its regulations.
31 e. A designated representative of an affected
32 source for acid deposition shall submit a timely and
33 complete Title IV NOx permit application to the Agency,
34 not later than January 1, 1998, that meets the
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1 requirements of Titles IV and V of the Clean Air Act and
2 its regulations. The Agency shall reopen the Phase II
3 acid rain permit for cause and incorporate the approved
4 NOx provisions into the Phase II acid rain permit not
5 later than January 1, 1999, in accordance with this
6 Section, except as modified by Title IV of the Clean Air
7 Act and regulations promulgated thereunder. Such
8 reopening shall not affect the term of the Phase II acid
9 rain permit.
10 f. The designated representative of the affected
11 source for acid deposition shall renew the initial CAAPP
12 permit and Phase II acid rain permit in accordance with
13 this Section and Title V of the Clean Air Act and
14 regulations promulgated thereunder, except as modified by
15 Title IV of the Clean Air Act and regulations promulgated
16 thereunder.
17 g. In the case of an affected source for acid
18 deposition for which a complete Phase II acid rain permit
19 application and compliance plan are timely received under
20 this subsection, the complete permit application and
21 compliance plan, including amendments thereto, shall be
22 binding on the owner, operator and designated
23 representative, all affected units for acid deposition at
24 the affected source, and any other unit, as defined in
25 Section 402 of the Clean Air Act, governed by the Phase
26 II acid rain permit application and shall be enforceable
27 as an acid rain permit for purposes of Titles IV and V of
28 the Clean Air Act, from the date of submission of the
29 acid rain permit application until a Phase II acid rain
30 permit is issued or denied by the Agency.
31 h. The Agency shall not include or implement any
32 measure which would interfere with or modify the
33 requirements of Title IV of the Clean Air Act or
34 regulations promulgated thereunder.
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1 i. Nothing in this Section shall be construed as
2 affecting allowances or USEPA's decision regarding an
3 excess emissions offset plan, as set forth in Title IV of
4 the Clean Air Act or regulations promulgated thereunder.
5 i. No permit revision shall be required for
6 increases in emissions that are authorized by
7 allowances acquired pursuant to the acid rain
8 program, provided that such increases do not require
9 a permit revision under any other applicable
10 requirement.
11 ii. No limit shall be placed on the number of
12 allowances held by the source. The source may not,
13 however, use allowances as a defense to
14 noncompliance with any other applicable requirement.
15 iii. Any such allowance shall be accounted for
16 according to the procedures established in
17 regulations promulgated under Title IV of the Clean
18 Air Act.
19 j. To the extent that the federal regulations
20 promulgated under Title IV, including but not limited to
21 40 C.F.R. Part 72, as now or hereafter amended, are
22 inconsistent with the federal regulations promulgated
23 under Title V, the federal regulations promulgated under
24 Title IV shall take precedence.
25 k. The USEPA may intervene as a matter of right in
26 any permit appeal involving a Phase II acid rain permit
27 provision or denial of a Phase II acid rain permit.
28 l. It is unlawful for any owner or operator to
29 violate any terms or conditions of a Phase II acid rain
30 permit issued under this subsection, to operate any
31 affected source for acid deposition except in compliance
32 with a Phase II acid rain permit issued by the Agency
33 under this subsection, or to violate any other applicable
34 requirements.
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1 m. The designated representative of an affected
2 source for acid deposition shall submit to the Agency the
3 data and information submitted quarterly to USEPA,
4 pursuant to 40 CFR 75.64, concurrently with the
5 submission to USEPA. The submission shall be in the same
6 electronic format as specified by USEPA.
7 n. The Agency shall act on any petition for
8 exemption of a new unit or retired unit, as those terms
9 are defined in Section 402 of the Clean Air Act, from the
10 requirements of the acid rain program in accordance with
11 Title IV of the Clean Air Act and its regulations.
12 o. The Agency shall have the authority to adopt
13 procedural rules, in accordance with the Illinois
14 Administrative Procedure Act, as the Agency deems
15 necessary to implement this subsection.
16 18. Fee Provisions.
17 a. For each 12 month period after the date on which
18 the USEPA approves or conditionally approves the CAAPP,
19 but in no event prior to January 1, 1994, a source
20 subject to this Section or excluded under subsection 1.1
21 or paragraph 3(c) of this Section, shall pay a fee as
22 provided in this part (a) of this subsection 18.
23 However, a source that has been excluded from the
24 provisions of this Section under subsection 1.1 or
25 paragraph 3(c) of this Section because the source emits
26 less than 25 tons per year of any combination of
27 regulated air pollutants shall pay fees in accordance
28 with paragraph (1) of subsection (b) of Section 9.6.
29 i. The fee for a source allowed to emit less
30 than 100 tons per year of any combination of
31 regulated air pollutants shall be $1,000 per year.
32 ii. The fee for a source allowed to emit 100
33 tons or more per year of any combination of
34 regulated air pollutants, except for those regulated
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1 air pollutants excluded in paragraph 18(f) of this
2 subsection, shall be as follows:
3 A. The Agency shall assess an annual fee
4 of $13.50 per ton for the allowable emissions
5 of all regulated air pollutants at that source
6 during the term of the permit. These fees
7 shall be used by the Agency and the Board to
8 fund the activities required by Title V of the
9 Clean Air Act including such activities as may
10 be carried out by other State or local agencies
11 pursuant to paragraph (d) of this subsection.
12 The amount of such fee shall be based on the
13 information supplied by the applicant in its
14 complete CAAPP permit application or in the
15 CAAPP permit if the permit has been granted and
16 shall be determined by the amount of emissions
17 that the source is allowed to emit annually,
18 provided however, that no source shall be
19 required to pay an annual fee in excess of
20 $100,000. The Agency shall provide as part of
21 the permit application form required under
22 subsection 5 of this Section a separate fee
23 calculation form which will allow the applicant
24 to identify the allowable emissions and
25 calculate the fee for the term of the permit.
26 In no event shall the Agency raise the amount
27 of allowable emissions requested by the
28 applicant unless such increases are required to
29 demonstrate compliance with terms of a CAAPP
30 permit.
31 Notwithstanding the above, any applicant
32 may seek a change in its permit which would
33 result in increases in allowable emissions due
34 to an increase in the hours of operation or
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1 production rates of an emission unit or units
2 and such a change shall be consistent with the
3 construction permit requirements of the
4 existing State permit program, under Section
5 39(a) of this Act and applicable provisions of
6 this Section. Where a construction permit is
7 required, the Agency shall expeditiously grant
8 such construction permit and shall, if
9 necessary, modify the CAAPP permit based on the
10 same application.
11 B. Except for the first year of the
12 CAAPP, the applicant or permittee may pay the
13 fee annually or semiannually for those fees
14 greater than $5,000.
15 b. For fiscal year 1999 and each fiscal year
16 thereafter, to the extent that permit fees collected and
17 deposited in the CAA Permit Fund during that fiscal year
18 exceed 115% of the actual expenditures (excluding permit
19 fee reimbursements) from the CAA Permit Fund for that
20 fiscal year (including lapse period spending), the excess
21 shall be reimbursed to the permittees in proportion to
22 their original fee payments. Such reimbursements shall
23 be made during the next fiscal year and may be made in
24 the form of a credit against that fiscal year's permit
25 fee.
26 c. There shall be created a CAA Fee Panel of 5
27 persons. The Panel shall:
28 i. If it deems necessary on an annual basis,
29 render advisory opinions to the Agency and the
30 General Assembly regarding the appropriate level of
31 Title V Clean Air Act fees for the next fiscal year.
32 Such advisory opinions shall be based on a study of
33 the operations of the Agency and any other entity
34 requesting appropriations from the CAA Permit Fund.
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1 This study shall recommend changes in the fee
2 structure, if warranted. The study will be based on
3 the ability of the Agency or other entity to
4 effectively utilize the funds generated as well as
5 the entity's conformance with the objectives and
6 measurable benchmarks identified by the Agency as
7 justification for the prior year's fee. Such
8 advisory opinions shall be submitted to the
9 appropriation committees no later than April 15th of
10 each year.
11 ii. Not be compensated for their services, but
12 shall receive reimbursement for their expenses.
13 iii. Be appointed as follows: 4 members by
14 the Director of the Agency from a list of no more
15 than 8 persons, submitted by representatives of
16 associations who represent facilities subject to the
17 provisions of this subsection and the Director of
18 the Agency or designee.
19 d. There is hereby created in the State Treasury a
20 special fund to be known as the "CAA Permit Fund". All
21 Funds collected by the Agency pursuant to this subsection
22 shall be deposited into the Fund. The General Assembly
23 shall appropriate monies from this Fund to the Agency and
24 to the Board to carry out their obligations under this
25 Section. The General Assembly may also authorize monies
26 to be granted by the Agency from this Fund to other State
27 and local agencies which perform duties related to the
28 CAAPP. Interest generated on the monies deposited in this
29 Fund shall be returned to the Fund. The General Assembly
30 may appropriate up to the sum of $25,000 to the Agency
31 from the CAA Permit Fund for use by the Panel in carrying
32 out its responsibilities under this subsection.
33 e. The Agency shall have the authority to adopt
34 procedural rules, in accordance with the Illinois
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1 Administrative Procedure Act, as the Agency deems
2 necessary to implement this subsection.
3 f. For purposes of this subsection, the term
4 "regulated air pollutant" shall have the meaning given to
5 it under subsection 1 of this Section but shall exclude
6 the following:
7 i. carbon monoxide;
8 ii. any Class I or II substance which is a
9 regulated air pollutant solely because it is listed
10 pursuant to Section 602 of the Clean Air Act;
11 iii. any pollutant that is a regulated air
12 pollutant solely because it is subject to a standard
13 or regulation under Section 112(r) of the Clean Air
14 Act based on the emissions allowed in the permit
15 effective in that calendar year, at the time the
16 applicable bill is generated; and
17 iv. during the years 1995 through 1999
18 inclusive, any emissions from affected sources for
19 acid deposition under Section 408(c)(4) of the Clean
20 Air Act.
21 19. Air Toxics Provisions.
22 a. In the event that the USEPA fails to promulgate
23 in a timely manner a standard pursuant to Section 112(d)
24 of the Clean Air Act, the Agency shall have the authority
25 to issue permits, pursuant to Section 112(j) of the Clean
26 Air Act and regulations promulgated thereunder, which
27 contain emission limitations which are equivalent to the
28 emission limitations that would apply to a source if an
29 emission standard had been promulgated in a timely manner
30 by USEPA pursuant to Section 112(d). Provided, however,
31 that the owner or operator of a source shall have the
32 opportunity to submit to the Agency a proposed emission
33 limitation which it determines to be equivalent to the
34 emission limitations that would apply to such source if
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1 an emission standard had been promulgated in a timely
2 manner by USEPA. If the Agency refuses to include the
3 emission limitation proposed by the owner or operator in
4 a CAAPP permit, the owner or operator may petition the
5 Board to establish whether the emission limitation
6 proposal submitted by the owner or operator provides for
7 emission limitations which are equivalent to the emission
8 limitations that would apply to the source if the
9 emission standard had been promulgated by USEPA in a
10 timely manner. The Board shall determine whether the
11 emission limitation proposed by the owner or operator or
12 an alternative emission limitation proposed by the Agency
13 provides for the level of control required under Section
14 112 of the Clean Air Act, or shall otherwise establish an
15 appropriate emission limitation, pursuant to Section 112
16 of the Clean Air Act.
17 b. Any Board proceeding brought under paragraph (a)
18 or (e) of this subsection shall be conducted according to
19 the Board's procedures for adjudicatory hearings and the
20 Board shall render its decision within 120 days of the
21 filing of the petition. Any such decision shall be
22 subject to review pursuant to Section 41 of this Act.
23 Where USEPA promulgates an applicable emission standard
24 prior to the issuance of the CAAPP permit, the Agency
25 shall include in the permit the promulgated standard,
26 provided that the source shall have the compliance period
27 provided under Section 112(i) of the Clean Air Act. Where
28 USEPA promulgates an applicable standard subsequent to
29 the issuance of the CAAPP permit, the Agency shall revise
30 such permit upon the next renewal to reflect the
31 promulgated standard, providing a reasonable time for the
32 applicable source to comply with the standard, but no
33 longer than 8 years after the date on which the source is
34 first required to comply with the emissions limitation
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1 established under this subsection.
2 c. The Agency shall have the authority to implement
3 and enforce complete or partial emission standards
4 promulgated by USEPA pursuant to Section 112(d), and
5 standards promulgated by USEPA pursuant to Sections
6 112(f), 112(h), 112(m), and 112(n), and may accept
7 delegation of authority from USEPA to implement and
8 enforce Section 112(l) and requirements for the
9 prevention and detection of accidental releases pursuant
10 to Section 112(r) of the Clean Air Act.
11 d. The Agency shall have the authority to issue
12 permits pursuant to Section 112(i)(5) of the Clean Air
13 Act.
14 e. The Agency has the authority to implement
15 Section 112(g) of the Clean Air Act consistent with the
16 Clean Air Act and federal regulations promulgated
17 thereunder. If the Agency refuses to include the emission
18 limitations proposed in an application submitted by an
19 owner or operator for a case-by-case maximum achievable
20 control technology (MACT) determination, the owner or
21 operator may petition the Board to determine whether the
22 emission limitation proposed by the owner or operator or
23 an alternative emission limitation proposed by the Agency
24 provides for a level of control required by Section 112
25 of the Clean Air Act, or to otherwise establish an
26 appropriate emission limitation under Section 112 of the
27 Clean Air Act.
28 20. Small Business.
29 a. For purposes of this subsection:
30 "Program" is the Small Business Stationary Source
31 Technical and Environmental Compliance Assistance Program
32 created within this State pursuant to Section 507 of the
33 Clean Air Act and guidance promulgated thereunder, to
34 provide technical assistance and compliance information
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1 to small business stationary sources;
2 "Small Business Assistance Program" is a component
3 of the Program responsible for providing sufficient
4 communications with small businesses through the
5 collection and dissemination of information to small
6 business stationary sources; and
7 "Small Business Stationary Source" means a
8 stationary source that:
9 1. is owned or operated by a person that
10 employs 100 or fewer individuals;
11 2. is a small business concern as defined in
12 the "Small Business Act";
13 3. is not a major source as that term is
14 defined in subsection 2 of this Section;
15 4. does not emit 50 tons or more per year of
16 any regulated air pollutant; and
17 5. emits less than 75 tons per year of all
18 regulated pollutants.
19 b. The Agency shall adopt and submit to USEPA,
20 after reasonable notice and opportunity for public
21 comment, as a revision to the Illinois state
22 implementation plan, plans for establishing the Program.
23 c. The Agency shall have the authority to enter
24 into such contracts and agreements as the Agency deems
25 necessary to carry out the purposes of this subsection.
26 d. The Agency may establish such procedures as it
27 may deem necessary for the purposes of implementing and
28 executing its responsibilities under this subsection.
29 e. There shall be appointed a Small Business
30 Ombudsman (hereinafter in this subsection referred to as
31 "Ombudsman") to monitor the Small Business Assistance
32 Program. The Ombudsman shall be a nonpartisan designated
33 official, with the ability to independently assess
34 whether the goals of the Program are being met.
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1 f. The State Ombudsman Office shall be located in
2 an existing Ombudsman office within the State or in any
3 State Department.
4 g. There is hereby created a State Compliance
5 Advisory Panel (hereinafter in this subsection referred
6 to as "Panel") for determining the overall effectiveness
7 of the Small Business Assistance Program within this
8 State.
9 h. The selection of Panel members shall be by the
10 following method:
11 1. The Governor shall select two members who
12 are not owners or representatives of owners of small
13 business stationary sources to represent the general
14 public;
15 2. The Director of the Agency shall select one
16 member to represent the Agency; and
17 3. The State Legislature shall select four
18 members who are owners or representatives of owners
19 of small business stationary sources. Both the
20 majority and minority leadership in both Houses of
21 the Legislature shall appoint one member of the
22 panel.
23 i. Panel members should serve without compensation
24 but will receive full reimbursement for expenses
25 including travel and per diem as authorized within this
26 State.
27 j. The Panel shall select its own Chair by a
28 majority vote. The Chair may meet and consult with the
29 Ombudsman and the head of the Small Business Assistance
30 Program in planning the activities for the Panel.
31 21. Temporary Sources.
32 a. The Agency may issue a single permit authorizing
33 emissions from similar operations by the same source
34 owner or operator at multiple temporary locations, except
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1 for sources which are affected sources for acid
2 deposition under Title IV of the Clean Air Act.
3 b. The applicant must demonstrate that the
4 operation is temporary and will involve at least one
5 change of location during the term of the permit.
6 c. Any such permit shall meet all applicable
7 requirements of this Section and applicable regulations,
8 and include conditions assuring compliance with all
9 applicable requirements at all authorized locations and
10 requirements that the owner or operator notify the Agency
11 at least 10 days in advance of each change in location.
12 22. Solid Waste Incineration Units.
13 a. A CAAPP permit for a solid waste incineration
14 unit combusting municipal waste subject to standards
15 promulgated under Section 129(e) of the Clean Air Act
16 shall be issued for a period of 12 years and shall be
17 reviewed every 5 years, unless the Agency requires more
18 frequent review through Agency procedures.
19 b. During the review in paragraph (a) of this
20 subsection, the Agency shall fully review the previously
21 submitted CAAPP permit application and corresponding
22 reports subsequently submitted to determine whether the
23 source is in compliance with all applicable requirements.
24 c. If the Agency determines that the source is not
25 in compliance with all applicable requirements it shall
26 revise the CAAPP permit as appropriate.
27 d. The Agency shall have the authority to adopt
28 procedural rules, in accordance with the Illinois
29 Administrative Procedure Act, as the Agency deems
30 necessary, to implement this subsection.
31 (Source: P.A. 89-79, eff. 6-30-95; 90-14, eff. 7-1-97;
32 90-367, eff. 8-10-97.)
33 (415 ILCS 5/42) (from Ch. 111 1/2, par. 1042)
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1 Sec. 42. Civil penalties.
2 (a) Except as provided in this Section, any person that
3 violates any provision of this Act or any regulation adopted
4 by the Board, or any permit or term or condition thereof, or
5 that violates any determination or order of the Board
6 pursuant to this Act, shall be liable to a civil penalty of
7 not to exceed $50,000 for the violation and an additional
8 civil penalty of not to exceed $10,000 for each day during
9 which the violation continues; such penalties may, upon order
10 of the Board or a court of competent jurisdiction, be made
11 payable to the Environmental Protection Trust Fund, to be
12 used in accordance with the provisions of the Environmental
13 Protection Trust Fund Act.
14 (b) Notwithstanding the provisions of subsection (a) of
15 this Section:
16 (1) Any person that violates Section 12(f) of this
17 Act or any NPDES permit or term or condition thereof, or
18 any filing requirement, regulation or order relating to
19 the NPDES permit program, shall be liable to a civil
20 penalty of not to exceed $10,000 per day of violation.
21 (2) Any person that violates Section 12(g) of this
22 Act or any UIC permit or term or condition thereof, or
23 any filing requirement, regulation or order relating to
24 the State UIC program for all wells, except Class II
25 wells as defined by the Board under this Act, shall be
26 liable to a civil penalty not to exceed $2,500 per day of
27 violation; provided, however, that any person who commits
28 such violations relating to the State UIC program for
29 Class II wells, as defined by the Board under this Act,
30 shall be liable to a civil penalty of not to exceed
31 $10,000 for the violation and an additional civil penalty
32 of not to exceed $1,000 for each day during which the
33 violation continues.
34 (3) Any person that violates Sections 21(f), 21(g),
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1 21(h) or 21(i) of this Act, or any RCRA permit or term or
2 condition thereof, or any filing requirement, regulation
3 or order relating to the State RCRA program, shall be
4 liable to a civil penalty of not to exceed $25,000 per
5 day of violation.
6 (4) In an administrative citation action under
7 Section 31.1 of this Act, any person found to have
8 violated any provision of subsection (o) or (p) of
9 Section 21 of this Act shall pay a civil penalty of $500
10 for each violation of each such provision, plus any
11 hearing costs incurred by the Board and the Agency. Such
12 penalties shall be made payable to the Environmental
13 Protection Trust Fund, to be used in accordance with the
14 provisions of the Environmental Protection Trust Fund
15 Act; except that if a unit of local government issued the
16 administrative citation, 50% of the civil penalty shall
17 be payable to the unit of local government.
18 (5) Any person who violates subsection 6 of Section
19 39.5 of this Act or any CAAPP permit, or term or
20 condition thereof, or any fee or filing requirement, or
21 any duty to allow or carry out inspection, entry or
22 monitoring activities, or any regulation or order
23 relating to the CAAPP shall be liable for a civil penalty
24 not to exceed $10,000 per day of violation.
25 (b.5) In lieu of the penalties set forth in subsections
26 (a) and (b) of this Section, any person who fails to file, in
27 a timely manner, a toxic chemical release forms form with the
28 Agency pursuant to Section 25b-2 of this Act shall be liable
29 for a civil penalty of $100 per day for each day the forms
30 are form is late, not to exceed a maximum total penalty of
31 $6,000. This daily penalty shall begin accruing on the
32 thirty-first day after the date that the person receives the
33 warning notice issued by the Agency pursuant to Section 25b-6
34 of this Act; and the penalty shall be paid to the Agency. The
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1 daily accrual of penalties shall cease as of January 1 of the
2 following year. All penalties collected by the Agency
3 pursuant to this subsection shall be deposited into the
4 Environmental Protection Permit and Inspection Fund.
5 (c) Any person that violates this Act, or an order or
6 other determination of the Board under this Act and causes
7 the death of fish or aquatic life shall, in addition to the
8 other penalties provided by this Act, be liable to pay to the
9 State an additional sum for the reasonable value of the fish
10 or aquatic life destroyed. Any money so recovered shall be
11 placed in the Wildlife and Fish Fund in the State Treasury.
12 (d) The penalties provided for in this Section may be
13 recovered in a civil action.
14 (e) The State's Attorney of the county in which the
15 violation occurred, or the Attorney General, may, at the
16 request of the Agency or on his own motion, institute a civil
17 action for an injunction to restrain violations of this Act.
18 (f) The State's Attorney of the county in which the
19 violation occurred, or the Attorney General, shall bring such
20 actions in the name of the people of the State of Illinois.
21 Without limiting any other authority which may exist for the
22 awarding of attorney's fees and costs, the Board or a court
23 of competent jurisdiction may award costs and reasonable
24 attorney's fees, including the reasonable costs of expert
25 witnesses and consultants, to the State's Attorney or the
26 Attorney General in a case where he has prevailed against a
27 person who has committed a wilful, knowing or repeated
28 violation of the Act.
29 Any funds collected under this subsection (f) in which
30 the Attorney General has prevailed shall be deposited in the
31 Hazardous Waste Fund created in Section 22.2 of this Act. Any
32 funds collected under this subsection (f) in which a State's
33 Attorney has prevailed shall be retained by the county in
34 which he serves.
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1 (g) All final orders imposing civil penalties pursuant
2 to this Section shall prescribe the time for payment of such
3 penalties. If any such penalty is not paid within the time
4 prescribed, interest on such penalty at the rate set forth in
5 subsection (a) of Section 1003 of the Illinois Income Tax
6 Act, shall be paid for the period from the date payment is
7 due until the date payment is received. However, if the time
8 for payment is stayed during the pendency of an appeal,
9 interest shall not accrue during such stay.
10 (h) In determining the appropriate civil penalty to be
11 imposed under subdivisions (a), (b)(1), (b)(2), (b)(3), or
12 (b)(5) of this Section, the Board is authorized to consider
13 any matters of record in mitigation or aggravation of
14 penalty, including but not limited to the following factors:
15 (1) the duration and gravity of the violation;
16 (2) the presence or absence of due diligence on the
17 part of the violator in attempting to comply with
18 requirements of this Act and regulations thereunder or to
19 secure relief therefrom as provided by this Act;
20 (3) any economic benefits accrued by the violator
21 because of delay in compliance with requirements;
22 (4) the amount of monetary penalty which will serve
23 to deter further violations by the violator and to
24 otherwise aid in enhancing voluntary compliance with this
25 Act by the violator and other persons similarly subject
26 to the Act; and
27 (5) the number, proximity in time, and gravity of
28 previously adjudicated violations of this Act by the
29 violator.
30 (Source: P.A. 87-1213; 88-45; 88-106; 88-496; 88-670, eff.
31 12-2-94.)
32 (415 ILCS 5/56) (from Ch. 111 1/2, par. 1056)
33 Sec. 56. (a) The General Assembly finds:
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1 (1) that potentially infectious medical waste, if
2 not handled properly, may constitute an environmental or
3 public health problem.
4 (2) that potentially infectious medical waste, if
5 not handled properly, may present a health risk to
6 handlers of the waste at the facility where the waste is
7 generated, during transportation of the waste, and at the
8 facility receiving the waste.
9 (b) It is the purpose of this Title to reduce the
10 potential environmental and public health risks associated
11 with potentially infectious medical waste by establishing
12 statutory and regulatory requirements to ensure that such
13 waste will be handled in a safe and responsible manner.
14 (c) Potentially infectious medical waste is not a
15 hazardous waste, except for those potentially infectious
16 medical wastes identified by characteristics or listing as
17 hazardous under Section 3001 of the Resource Conservation and
18 Recovery Act of 1976, P.L. 94-580, or pursuant to Board
19 regulations. Potentially infectious medical waste
20 characterized or listed as hazardous shall be subject to the
21 appropriate hazardous waste regulations. Potentially
22 infectious medical waste packages that contain both waste
23 characterized or listed as hazardous and waste characterized
24 as nonhazardous shall be subject to the hazardous waste
25 regulations.
26 (Source: P.A. 87-752.)
27 (415 ILCS 5/56.4) (from Ch. 111 1/2, par. 1056.4)
28 Sec. 56.4. (a) Manifests for potentially infectious
29 medical waste shall consist of an original (the first page of
30 the form) and 3 copies. Upon delivery of potentially
31 infectious medical waste by a generator to a transporter, the
32 transporter shall deliver one copy of the completed manifest
33 to the generator. Upon delivery of potentially infectious
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1 medical waste by a transporter to a treatment or disposal
2 receiving facility, the transporter shall keep one copy of
3 the completed manifest, and the transporter shall deliver the
4 original and one copy of the completed manifest to the
5 treatment or disposal receiving facility. The treatment or
6 disposal receiving facility shall keep one copy of the
7 completed manifest and return the original to the generator
8 within 35 days. The manifest, as provided for in this
9 Section, shall not terminate while being transferred between
10 the generator, transporter, transfer station, or storage
11 facility, unless transfer activities are conducted at the
12 treatment or disposal facility. The manifest shall terminate
13 at the treatment or disposal facility.
14 (b) Potentially infectious medical waste manifests shall
15 be in a form prescribed and provided by the Agency.
16 Generators and transporters of potentially infectious medical
17 waste and facilities accepting potentially infectious medical
18 waste are not required to submit copies of such manifests to
19 the Agency. The manifest described in this Section shall be
20 used for the transportation of potentially infectious medical
21 waste instead of the manifest described in Section 22.01 of
22 this Act. Copies of each manifest shall be retained for 3
23 years by generators, transporters, and facilities, and shall
24 be available for inspection and copying by the Agency.
25 (c) The Agency shall assess a fee of $2.00 for each
26 potentially infectious medical waste manifest provided by the
27 Agency.
28 (d) All fees collected by the Agency under this Section
29 shall be deposited into the Environmental Protection Permit
30 and Inspection Fund. The Agency may establish procedures
31 relating to the collection of fees under this Section. The
32 Agency shall not refund any fee paid to it under this
33 Section.
34 (Source: P.A. 87-752.)
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1 Section 15. The Illinois Chemical Safety Act is amended
2 by changing Section 3 as follows:
3 (430 ILCS 45/3) (from Ch. 111 1/2, par. 953)
4 Sec. 3. Definitions. For the purposes of this Act:
5 "Agency" means the Illinois Environmental Protection
6 Agency.
7 "Business" means any individual, partnership,
8 corporation, or association in the State engaged in a
9 business operation that has 5 or more full-time employees, or
10 20 or more part-time employees, and that is properly assigned
11 or included within one of the following Standard Industrial
12 Classifications (SIC), as designated in the Standard
13 Industrial Classification Manual prepared by the Federal
14 Office of Management and Budget:
15 2295 Coated fabrics, not rubberized;
16 2491 Wood preserving;
17 2671. Packaging paper and plastics film, coated and
18 laminated;
19 2672 Coated and laminated paper, not elsewhere
20 classified;
21 2812 Alkalies and chlorine;
22 2813 Industrial gases;
23 2819 Industrial inorganic chemicals, not elsewhere
24 classified;
25 2821 Plastic materials, synthetic resins, and
26 non-vulcanizable elastomers;
27 2834 Pharmaceutical preparations;
28 2842 Specialty cleaning, polishing and sanitation
29 preparations;
30 2851 Paints, varnishes, lacquers, enamels, and allied
31 products;
32 2865 Cyclic (coal tar) crudes, and cyclic intermediaries,
33 dyes and organic pigments (lakes and toners);
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1 2869 Industrial organic chemicals, not elsewhere
2 classified;
3 2873 Nitrogenous fertilizer;
4 2874 Phosphatic fertilizers;
5 2879 Pesticides and agricultural chemicals, not elsewhere
6 classified;
7 2891 Adhesives and sealants;
8 2892 Explosives;
9 2911 Petroleum refining;
10 2952 Asphalt felts and coatings;
11 2999 Products of petroleum and coal, not elsewhere
12 classified;
13 3081. Unsupported plastics, film and sheet;
14 3082 Unsupported plastics profile shapes;
15 3083 Laminated plastics plate, sheet and profile shapes;
16 3084 Plastic pipe;
17 3085 Plastic bottles;
18 3086 Plastic foam products;
19 3087 Custom compounding of purchased plastic resin;
20 3088 Plastic plumbing fixtures;
21 3089 Plastic products, not elsewhere classified;
22 3111 Leather tanning and finishing;
23 3339 Primary smelting and refining of nonferrous metals,
24 except copper and aluminum;
25 3432 Plumbing fixture fittings and trim;
26 3471 Electroplating, plating, polishing, anodizing and
27 coloring;
28 4953 Refuse systems;
29 5085 Industrial supplies;
30 5162 Plastic materials and basic forms and shapes;
31 5169 Chemicals and allied products, not elsewhere
32 classified;
33 5171 Petroleum bulk stations and terminals;
34 5172 Petroleum and petroleum products, wholesalers,
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1 except bulk stations and terminals.
2 For the purposes of this Act, the SIC Code that a
3 business uses for determining its coverage under The
4 Unemployment Insurance Act shall be the SIC Code for
5 determining the applicability of this Act. On an annual
6 basis, the Department of Employment Security shall provide
7 the IEMA with a list of those regulated facilities covered by
8 the above mentioned SIC codes.
9 "Business" also means any facility not covered by the
10 above SIC codes that is subject to the provisions of Section
11 302 of the federal Emergency Planning and Community
12 Right-to-Know Act of 1986 and that is found by the Agency to
13 use, store, or manufacture a chemical substance in a quantity
14 that poses a threat to the environment or public health.
15 Such a determination shall be based on an on-site inspection
16 conducted by the Agency and certified to the IEMA. The
17 Agency shall also conduct inspections at the request of IEMA
18 or upon a written request setting forth a justification to
19 the IEMA from the chairman of the local emergency planning
20 committee upon recommendation of the committee. The IEMA
21 shall transmit a copy of the request to the Agency. The
22 Agency may, in the event of a reportable release that occurs
23 at any facility operated or owned by a business not covered
24 by the above SIC codes, conduct inspections if the site
25 hazard appears to warrant such action. The above
26 notwithstanding, any farm operation shall not be considered
27 as a facility subject to this definition.
28 Notwithstanding the above, for purposes of this Act,
29 "business" does not mean any facility for which the
30 requirements promulgated at Part 1910.119 of Title 29 of the
31 Code of Federal Regulations are applicable or which has
32 completed and submitted the plan required by Part 68 of Title
33 40 of the Code of Federal Regulations, provided that such
34 business conducts and documents in writing an assessment for
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1 any instance where the Agency provides notice that a
2 significant release of a chemical substance has occurred at a
3 facility. Such assessment shall explain the nature, cause
4 and known effects of the release, any mitigating actions
5 taken, and preventive measures that can be employed to avoid
6 a future release. Such assessment shall be available at the
7 facility for review within 30 days after the Agency notifies
8 the facility that a significant release has occurred. The
9 Agency may provide written comments to the business following
10 an on-site review of an assessment.
11 "Chemical name" means the scientific designation of a
12 chemical in accordance with the nomenclature system developed
13 by the International Union of Pure and Applied Chemistry
14 (IUPAC) or the American Chemical Society's Chemical Abstracts
15 Service (CAS) rules of nomenclature, or a name that will
16 clearly identify the chemical for hazard evaluation purposes.
17 "Chemical substance" means any "extremely hazardous
18 substance" listed in Appendix A of 40 C.F.R. Part 355 that is
19 present at a facility in an amount in excess of its threshold
20 planning quantity, any "hazardous substance" listed in 40
21 C.F.R. Section 302.4 that is present at a facility in an
22 amount in excess of its reportable quantity or in excess of
23 its threshold planning quantity if it is also an "extremely
24 hazardous substance", and any petroleum including crude oil
25 or any fraction thereof that is present at a facility in an
26 amount exceeding 100 pounds unless it is specifically listed
27 as a "hazardous substance" or an "extremely hazardous
28 substance". "Chemical substance" does not mean any substance
29 to the extent it is used for personal, family, or household
30 purposes or to the extent it is present in the same form and
31 concentration as a product packaged for distribution to and
32 use by the general public.
33 "IEMA" means the Illinois Emergency Management Agency.
34 "Facility" means the buildings and all real property
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1 contiguous thereto, and the equipment at a single location
2 used for the conduct of business.
3 "Local emergency planning committee" means the committee
4 that is appointed for an emergency planning district under
5 the provisions of Section 301 of the federal Emergency
6 Planning and Community Right-to-Know Act of 1986.
7 "Release" means any sudden spilling, leaking, pumping,
8 pouring, emitting, escaping, emptying, discharging,
9 injecting, leaching, dumping, or disposing into the
10 environment beyond the boundaries of a facility, but excludes
11 the following:
12 (a) Any release that results in exposure to persons
13 solely within a workplace, with respect to a claim that
14 such persons may assert against their employer.
15 (b) Emissions from the engine exhaust of a motor
16 vehicle, rolling stock, aircraft, vessel, or pipeline
17 pumping station engine.
18 (c) Release of source, byproduct, or special
19 nuclear material from a nuclear incident, as those terms
20 are defined in the Atomic Energy Act of 1954, if the
21 release is subject to requirements with respect to
22 financial protection established by the Nuclear
23 Regulatory Commission under Section 170 of the Atomic
24 Energy Act of 1954.
25 (d) The normal application of fertilizer.
26 "Significant release" means any release which is so
27 designated in writing by the Agency or the IEMA based upon an
28 inspection at the site of an emergency incident, or any
29 release which results in any evacuation, hospitalization, or
30 fatalities of the public.
31 (Source: P.A. 90-442, eff. 8-16-97.)
SB545 Enrolled -113- LRB9001840DPcc
1 Section 99. Effective date. This Act takes effect upon
2 becoming law.