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90_SB0545ccr001
SRS90SB0545JJawccr1
1 90TH GENERAL ASSEMBLY
2 CONFERENCE COMMITTEE REPORT
3 ON SENATE BILL 545
4 -------------------------------------------------------------
5 -------------------------------------------------------------
6 To the President of the Senate and the Speaker of the
7 House of Representatives:
8 We, the conference committee appointed to consider the
9 differences between the houses in relation to House Amendment
10 No. 1 to Senate Bill 545, recommend the following:
11 (1) that the House recede from House Amendment No. 1;
12 and
13 (2) that Senate Bill 545 be amended by replacing the
14 title with the following:
15 "AN ACT in relation to environmental matters, amending
16 named Acts."; and
17 by replacing everything after the enacting clause with the
18 following:
19 "Section 5. The Environmental Protection Act is amended
20 by changing Sections 15, 18, 22.2, 39.5, 42, 56, and 56.4 and
21 adding Section 13.4 as follows:
22 (415 ILCS 5/13.4 new)
23 Sec. 13.4. Pretreatment market system.
24 (a) The General Assembly finds:
25 (1) That achieving compliance with federal, State,
26 and local pretreatment regulatory requirements calls for
27 innovative and cost-effective implementation strategies.
28 (2) That economic incentives and market-based
29 approaches can be used to achieve pretreatment compliance
30 in an innovative and cost-effective manner.
31 (3) That development and operation of a
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1 pretreatment market system should significantly lessen
2 the economic impacts associated with implementation of
3 the pretreatment requirements and still achieve the
4 desired water quality, sludge quality, and protection of
5 the sewers and treatment system.
6 (b) The Agency shall design a pretreatment market system
7 that will provide more flexibility for municipalities and
8 their tributary dischargers to develop cost-effective
9 solutions and will result in at least the total pollutant
10 reduction as achieved by the current application of federal
11 categorical standards, State pretreatment limits, and locally
12 derived limits, as applicable. Such a system should also
13 assist publicly-owned treatment works in meeting applicable
14 NPDES permit limits and in preventing the discharge of
15 pollutants in quantities that would interfere with the
16 operation of the municipal sewer system. In developing this
17 system, the Agency shall consult with interested
18 publicly-owned treatment works and tributary dischargers to
19 ensure that relevant economic, environmental, and
20 administrative factors are taken into account. As necessary,
21 the Agency shall also consult with the United States
22 Environmental Protection Agency regarding the suitability of
23 such a system.
24 (c) The Agency may adopt proposed rules for a
25 market-based pretreatment pollutant reduction, banking, and
26 trading system that will enable publicly-owned treatment
27 works and their tributary dischargers to implement
28 cost-effective compliance options. Any proposal shall be
29 adopted in accordance with the provisions of the Illinois
30 Administrative Procedure Act.
31 (d) Notwithstanding the other provisions of this Act, a
32 publicly-owned treatment works may implement a pretreatment
33 market system that is consistent with subsection (b) of this
34 Section, provided that the publicly-owned treatment works:
35 (1) operates an approved local pretreatment program
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1 pursuant to State and federal NPDES regulations;
2 (2) is not currently subject to enforcement action
3 for violation of NPDES requirements;
4 (3) receives wastewater from tributary dischargers
5 that are subject to federal categorical pretreatment
6 standards or approved local pretreatment limits; and
7 (4) has modified, as appropriate, the local
8 pretreatment program to incorporate such market system.
9 (e) Prior to implementation of any pretreatment market
10 system, a publicly-owned treatment works shall notify the
11 Agency in writing of its intention and request the Agency to
12 make a consistency determination regarding the local system's
13 conformance with the rules promulgated pursuant to subsection
14 (c) of this Section. Within 120 days, the Agency shall
15 provide the determination in writing to the publicly-owned
16 treatment works.
17 (f) Notwithstanding the other provisions of this Act,
18 any discharger that is tributary to a publicly-owned
19 treatment works with a pretreatment market system shall be
20 eligible to exchange trading units with dischargers tributary
21 to the same publicly-owned treatment works or with the
22 publicly-owned treatment works to which it is tributary.
23 (g) Nothing in this Section shall be deemed to authorize
24 a publicly-owned treatment works:
25 (1) to mandate the exchange of trading units by a
26 tributary discharger in a pretreatment market system
27 implemented pursuant to this Section; or
28 (2) to mandate reductions in pollutants from any
29 tributary discharger beyond that otherwise required by
30 federal categorical and State pretreatment standards or
31 approved local pretreatment limits.
32 (415 ILCS 5/15) (from Ch. 111 1/2, par. 1015)
33 Sec. 15. Plans and specifications; demonstration of
34 capability.
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1 (a) Owners of public water supplies, their authorized
2 representative, or legal custodians, shall submit plans and
3 specifications to the Agency and obtain written approval
4 before construction of any proposed public water supply
5 installations, changes, or additions is started. Plans and
6 specifications shall be complete and of sufficient detail to
7 show all proposed construction, changes, or additions that
8 may affect sanitary quality, mineral quality, or adequacy of
9 the public water supply; and, where necessary, said plans and
10 specifications shall be accompanied by supplemental data as
11 may be required by the Agency to permit a complete review
12 thereof.
13 (b) All new public water supplies established after
14 October 1, 1999 shall demonstrate technical, financial, and
15 managerial capacity as a condition for issuance of a
16 construction or operation permit by the Agency or its
17 designee. The demonstration shall be consistent with the
18 technical, financial, and managerial provisions of the
19 federal Safe Drinking Water Act (P.L. 93-532), as now or
20 hereafter amended. The Agency is authorized to adopt rules
21 in accordance with the Illinois Administrative Procedure Act
22 to implement the purposes of this subsection. Such rules
23 must take into account the need for the facility, facility
24 size, sophistication of treatment of the water supply, and
25 financial requirements needed for operation of the facility.
26 (Source: P.A. 76-2429.)
27 (415 ILCS 5/18) (from Ch. 111 1/2, par. 1018)
28 Sec. 18. Prohibitions; plugging requirements.
29 (a) No person shall:
30 (1) Knowingly cause, threaten or allow the
31 distribution of water from any public water supply of
32 such quality or quantity as to be injurious to human
33 health; or
34 (2) Violate regulations or standards adopted by the
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1 Agency pursuant to Section 15(b) of this Act or by the
2 Board under this Act; or
3 (3) Construct, install or operate any public water
4 supply without a permit granted by the Agency, or in
5 violation of any condition imposed by such a permit.
6 (b) Borings, water monitoring wells, and wells subject
7 to this Act shall, at a minimum, be abandoned and plugged in
8 accordance with the requirements of Sections 16 and 19 of "An
9 Act in relation to oil, gas, coal and other surface and
10 underground resources and to repeal an Act herein named",
11 filed July 29, 1941, as amended, and such rules as are
12 promulgated thereunder. Nothing herein shall preclude the
13 Board from adopting plugging and abandonment requirements
14 which are more stringent than the rules of the Department of
15 Natural Resources where necessary to protect the public
16 health and environment.
17 (Source: P.A. 89-445, eff. 2-7-96.)
18 (415 ILCS 5/22.2) (from Ch. 111 1/2, par. 1022.2)
19 Sec. 22.2. Hazardous waste; fees; liability.
20 (a) There are hereby created within the State Treasury 2
21 special funds to be known respectively as the "Hazardous
22 Waste Fund" and the "Hazardous Waste Research Fund",
23 constituted from the fees collected pursuant to this Section.
24 (b) (1) On and after January 1, 1989, the Agency shall
25 collect from the owner or operator of each of the
26 following sites a fee in the amount of:
27 (A) 6 cents per gallon or $12.12 per cubic
28 yard of hazardous waste disposed for 1989, 7.5 cents
29 per gallon or $15.15 per cubic yard for 1990 and 9
30 cents per gallon or $18.18 per cubic yard
31 thereafter, if the hazardous waste disposal site is
32 located off the site where such waste was produced.
33 The maximum amount payable under this subdivision
34 (A) with respect to the hazardous waste generated by
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1 a single generator and deposited in monofills is
2 $20,000 for 1989, $25,000 for 1990, and $30,000 per
3 year thereafter. If, as a result of the use of
4 multiple monofills, waste fees in excess of the
5 maximum are assessed with respect to a single waste
6 generator, the generator may apply to the Agency for
7 a credit.
8 (B) 6 cents per gallon or $12.12 per cubic
9 yard of hazardous waste disposed for 1989, 7.5 cents
10 per gallon or $15.15 per cubic yard for 1990 and 9
11 cents or $18.18 per cubic yard thereafter, if the
12 hazardous waste disposal site is located on the site
13 where such waste was produced, provided however the
14 maximum amount of fees payable under this paragraph
15 (B) is $20,000 for 1989, $25,000 for 1990 and
16 $30,000 per year thereafter for each such hazardous
17 waste disposal site.
18 (C) If the hazardous waste disposal site is an
19 underground injection well, $6,000 per year if not
20 more than 10,000,000 gallons per year are injected,
21 $15,000 per year if more than 10,000,000 gallons but
22 not more than 50,000,000 gallons per year are
23 injected, and $27,000 per year if more than
24 50,000,000 gallons per year are injected.
25 (D) 2 cents per gallon or $4.04 per cubic yard
26 for 1989, 2.5 cents per gallon or $5.05 per cubic
27 yard for 1990, and 3 cents per gallon or $6.06 per
28 cubic yard thereafter of hazardous waste received
29 for treatment at a hazardous waste treatment site,
30 if the hazardous waste treatment site is located off
31 the site where such waste was produced and if such
32 hazardous waste treatment site is owned, controlled
33 and operated by a person other than the generator of
34 such waste. After treatment at such hazardous waste
35 treatment site, the waste shall not be subject to
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1 any other fee imposed by this subsection (b). For
2 purposes of this subsection (b), the term
3 "treatment" is defined as in Section 3.49 but shall
4 not include recycling, reclamation or reuse.
5 (2) The General Assembly shall annually appropriate
6 to the Fund such amounts as it deems necessary to fulfill
7 the purposes of this Act.
8 (3) Whenever the unobligated balance of the
9 Hazardous Waste Fund exceeds $10,000,000, the Agency
10 shall suspend the collection of the fees provided for in
11 this Section until the unobligated balance of the Fund
12 falls below $8,000,000.
13 (4) Of the amount collected as fees provided for in
14 this Section, the Agency shall manage the use of such
15 funds to assure that sufficient funds are available for
16 match towards federal expenditures for response action at
17 sites which are listed on the National Priorities List;
18 provided, however, that this shall not apply to
19 additional monies appropriated to the Fund by the General
20 Assembly, nor shall it apply in the event that the
21 Director finds that revenues in the Hazardous Waste Fund
22 must be used to address conditions which create or may
23 create an immediate danger to the environment or public
24 health or to the welfare of the people of the State of
25 Illinois.
26 (5) Notwithstanding the other provisions of this
27 subsection (b), sludge from a publicly-owned sewage works
28 generated in Illinois, coal mining wastes and refuse
29 generated in Illinois, bottom boiler ash, flyash and flue
30 gas desulphurization sludge from public utility electric
31 generating facilities located in Illinois, and bottom
32 boiler ash and flyash from all incinerators which process
33 solely municipal waste shall not be subject to the fee.
34 (6) For the purposes of this subsection (b),
35 "monofill" means a facility, or a unit at a facility,
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1 that accepts only wastes bearing the same USEPA hazardous
2 waste identification number, or compatible wastes as
3 determined by the Agency.
4 (c) The Agency shall establish procedures, not later
5 than January 1, 1984, relating to the collection of the fees
6 authorized by this Section. Such procedures shall include,
7 but not be limited to: (1) necessary records identifying the
8 quantities of hazardous waste received or disposed; (2) the
9 form and submission of reports to accompany the payment of
10 fees to the Agency; and (3) the time and manner of payment of
11 fees to the Agency, which payments shall be not more often
12 than quarterly.
13 (d) Beginning July 1, 1996, the Agency shall deposit all
14 such receipts in the State Treasury to the credit of the
15 Hazardous Waste Fund, except as provided in subsection (e) of
16 this Section. All monies in the Hazardous Waste Fund shall be
17 used by the Agency for the following purposes:
18 (1) Taking whatever preventive or corrective action
19 is necessary or appropriate, in circumstances certified
20 by the Director, including but not limited to removal or
21 remedial action whenever there is a release or
22 substantial threat of a release of a hazardous substance
23 or pesticide; provided, the Agency shall expend no more
24 than $1,000,000 on any single incident without
25 appropriation by the General Assembly.
26 (2) To meet any requirements which must be met by
27 the State in order to obtain federal funds pursuant to
28 the Comprehensive Environmental Response, Compensation
29 and Liability Act of 1980, (P.L. 96-510).
30 (3) In an amount up to 30% of the amount collected
31 as fees provided for in this Section, for use by the
32 Agency to conduct groundwater protection activities,
33 including providing grants to appropriate units of local
34 government which are addressing protection of underground
35 waters pursuant to the provisions of this Act.
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1 (4) To fund the development and implementation of
2 the model pesticide collection program under Section 19.1
3 of the Illinois Pesticide Act.
4 (5) To the extent the Agency has received and
5 deposited monies in the Fund other than fees collected
6 under subsection (b) of this Section, to pay for the cost
7 of Agency employees for services provided in reviewing
8 the performance of response actions pursuant to Title
9 XVII of this Act.
10 (6) In an amount up to 15% of the fees collected
11 annually under subsection (b) of this Section, for use by
12 the Agency for administration of the provisions of this
13 Section.
14 (e) The Agency shall deposit 10% of all receipts
15 collected under subsection (b) of this Section, but not to
16 exceed $200,000 per year, in the State Treasury to the credit
17 of the Hazardous Waste Research Fund established by this Act.
18 Pursuant to appropriation, all monies in such Fund shall be
19 used by the Department of Natural Resources for the purposes
20 set forth in this subsection.
21 The Department of Natural Resources may enter into
22 contracts with business, industrial, university, governmental
23 or other qualified individuals or organizations to assist in
24 the research and development intended to recycle, reduce the
25 volume of, separate, detoxify or reduce the hazardous
26 properties of hazardous wastes in Illinois. Monies in the
27 Fund may also be used by the Department of Natural Resources
28 for technical studies, monitoring activities, and educational
29 and research activities which are related to the protection
30 of underground waters. Monies in the Hazardous Waste
31 Research Fund may be used to administer the Illinois Health
32 and Hazardous Substances Registry Act. Monies in the
33 Hazardous Waste Research Fund shall not be used for any
34 sanitary landfill or the acquisition or construction of any
35 facility. This does not preclude the purchase of equipment
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1 for the purpose of public demonstration projects. The
2 Department of Natural Resources shall adopt guidelines for
3 cost sharing, selecting, and administering projects under
4 this subsection.
5 (f) Notwithstanding any other provision or rule of law,
6 and subject only to the defenses set forth in subsection (j)
7 of this Section, the following persons shall be liable for
8 all costs of removal or remedial action incurred by the State
9 of Illinois or any unit of local government as a result of a
10 release or substantial threat of a release of a hazardous
11 substance or pesticide:
12 (1) the owner and operator of a facility or vessel
13 from which there is a release or substantial threat of
14 release of a hazardous substance or pesticide;
15 (2) any person who at the time of disposal,
16 transport, storage or treatment of a hazardous substance
17 or pesticide owned or operated the facility or vessel
18 used for such disposal, transport, treatment or storage
19 from which there was a release or substantial threat of a
20 release of any such hazardous substance or pesticide;
21 (3) any person who by contract, agreement, or
22 otherwise has arranged with another party or entity for
23 transport, storage, disposal or treatment of hazardous
24 substances or pesticides owned, controlled or possessed
25 by such person at a facility owned or operated by another
26 party or entity from which facility there is a release or
27 substantial threat of a release of such hazardous
28 substances or pesticides; and
29 (4) any person who accepts or accepted any
30 hazardous substances or pesticides for transport to
31 disposal, storage or treatment facilities or sites from
32 which there is a release or a substantial threat of a
33 release of a hazardous substance or pesticide.
34 Any monies received by the State of Illinois pursuant to
35 this subsection (f) shall be deposited in the State Treasury
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1 to the credit of the Hazardous Waste Fund.
2 In accordance with the other provisions of this Section,
3 costs of removal or remedial action incurred by a unit of
4 local government may be recovered in an action before the
5 Board brought by the unit of local government under
6 subsection (i) of this Section. Any monies so recovered
7 shall be paid to the unit of local government.
8 (g)(1) No indemnification, hold harmless, or similar
9 agreement or conveyance shall be effective to transfer
10 from the owner or operator of any vessel or facility or
11 from any person who may be liable for a release or
12 substantial threat of a release under this Section, to
13 any other person the liability imposed under this
14 Section. Nothing in this Section shall bar any agreement
15 to insure, hold harmless or indemnify a party to such
16 agreements for any liability under this Section.
17 (2) Nothing in this Section, including the
18 provisions of paragraph (g)(1) of this Section, shall bar
19 a cause of action that an owner or operator or any other
20 person subject to liability under this Section, or a
21 guarantor, has or would have, by reason of subrogation or
22 otherwise against any person.
23 (h) For purposes of this Section:
24 (1) The term "facility" means:
25 (A) any building, structure, installation,
26 equipment, pipe or pipeline including but not
27 limited to any pipe into a sewer or publicly owned
28 treatment works, well, pit, pond, lagoon,
29 impoundment, ditch, landfill, storage container,
30 motor vehicle, rolling stock, or aircraft; or
31 (B) any site or area where a hazardous
32 substance has been deposited, stored, disposed of,
33 placed, or otherwise come to be located.
34 (2) The term "owner or operator" means:
35 (A) any person owning or operating a vessel or
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1 facility;
2 (B) in the case of an abandoned facility, any
3 person owning or operating the abandoned facility or
4 any person who owned, operated, or otherwise
5 controlled activities at the abandoned facility
6 immediately prior to such abandonment;
7 (C) in the case of a land trust as defined in
8 Section 2 of the Land Trustee as Creditor Act, the
9 person owning the beneficial interest in the land
10 trust;
11 (D) in the case of a fiduciary (other than a
12 land trustee), the estate, trust estate, or other
13 interest in property held in a fiduciary capacity,
14 and not the fiduciary. For the purposes of this
15 Section, "fiduciary" means a trustee, executor,
16 administrator, guardian, receiver, conservator or
17 other person holding a facility or vessel in a
18 fiduciary capacity;
19 (E) in the case of a "financial institution",
20 meaning the Illinois Housing Development Authority
21 and that term as defined in Section 2 of the
22 Illinois Banking Act, that has acquired ownership,
23 operation, management, or control of a vessel or
24 facility through foreclosure or under the terms of a
25 security interest held by the financial institution
26 or under the terms of an extension of credit made by
27 the financial institution, the financial institution
28 only if the financial institution takes possession
29 of the vessel or facility and the financial
30 institution exercises actual, direct, and continual
31 or recurrent managerial control in the operation of
32 the vessel or facility that causes a release or
33 substantial threat of a release of a hazardous
34 substance or pesticide resulting in removal or
35 remedial action;
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1 (F) In the case of an owner of residential
2 property, the owner if the owner is a person other
3 than an individual, or if the owner is an individual
4 who owns more than 10 dwelling units in Illinois, or
5 if the owner, or an agent, representative,
6 contractor, or employee of the owner, has caused,
7 contributed to, or allowed the release or threatened
8 release of a hazardous substance or pesticide. The
9 term "residential property" means single family
10 residences of one to 4 dwelling units, including
11 accessory land, buildings, or improvements
12 incidental to those dwellings that are exclusively
13 used for the residential use. For purposes of this
14 subparagraph (F), the term "individual" means a
15 natural person, and shall not include corporations,
16 partnerships, trusts, or other non-natural persons.
17 (G) In the case of any facility, title or
18 control of which was conveyed due to bankruptcy,
19 foreclosure, tax delinquency, abandonment, or
20 similar means to a unit of State or local
21 government, any person who owned, operated, or
22 otherwise controlled activities at the facility
23 immediately beforehand.
24 (H) The term "owner or operator" does not
25 include a unit of State or local government which
26 acquired ownership or control through bankruptcy,
27 tax delinquency, abandonment, or other circumstances
28 in which the government acquires title by virtue of
29 its function as sovereign. The exclusion provided
30 under this paragraph shall not apply to any State or
31 local government which has caused or contributed to
32 the release or threatened release of a hazardous
33 substance from the facility, and such a State or
34 local government shall be subject to the provisions
35 of this Act in the same manner and to the same
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1 extent, both procedurally and substantively, as any
2 nongovernmental entity, including liability under
3 Section 22.2(f).
4 (i) The costs and damages provided for in this Section
5 may be imposed by the Board in an action brought before the
6 Board in accordance with Title VIII of this Act, except that
7 Section 33(c) of this Act shall not apply to any such action.
8 (j) (1) There shall be no liability under this Section
9 for a person otherwise liable who can establish by a
10 preponderance of the evidence that the release or substantial
11 threat of release of a hazardous substance and the damages
12 resulting therefrom were caused solely by:
13 (A) an act of God;
14 (B) an act of war;
15 (C) an act or omission of a third party other than
16 an employee or agent of the defendant, or other than one
17 whose act or omission occurs in connection with a
18 contractual relationship, existing directly or
19 indirectly, with the defendant (except where the sole
20 contractual arrangement arises from a published tariff
21 and acceptance for carriage by a common carrier by rail),
22 if the defendant establishes by a preponderance of the
23 evidence that (i) he exercised due care with respect to
24 the hazardous substance concerned, taking into
25 consideration the characteristics of such hazardous
26 substance, in light of all relevant facts and
27 circumstances, and (ii) he took precautions against
28 foreseeable acts or omissions of any such third party and
29 the consequences that could foreseeably result from such
30 acts or omissions; or
31 (D) any combination of the foregoing paragraphs.
32 (2) There shall be no liability under this Section for
33 any release permitted by State or federal law.
34 (3) There shall be no liability under this Section for
35 damages as a result of actions taken or omitted in the course
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1 of rendering care, assistance, or advice in accordance with
2 this Section or the National Contingency Plan pursuant to the
3 Comprehensive Environmental Response, Compensation and
4 Liability Act of 1980 (P.L. 96-510) or at the direction of an
5 on-scene coordinator appointed under such plan, with respect
6 to an incident creating a danger to public health or welfare
7 or the environment as a result of any release of a hazardous
8 substance or a substantial threat thereof. This subsection
9 shall not preclude liability for damages as the result of
10 gross negligence or intentional misconduct on the part of
11 such person. For the purposes of the preceding sentence,
12 reckless, willful, or wanton misconduct shall constitute
13 gross negligence.
14 (4) There shall be no liability under this Section for
15 any person (including, but not limited to, an owner of
16 residential property who applies a pesticide to the
17 residential property or who has another person apply a
18 pesticide to the residential property) for response costs or
19 damages as the result of the storage, handling and use, or
20 recommendation for storage, handling and use, of a pesticide
21 consistent with:
22 (A) its directions for storage, handling and use as
23 stated in its label or labeling;
24 (B) its warnings and cautions as stated in its
25 label or labeling; and
26 (C) the uses for which it is registered under the
27 Federal Insecticide, Fungicide and Rodenticide Act and
28 the Illinois Pesticide Act.
29 (4.5) There shall be no liability under subdivision
30 (f)(1) of this Section for response costs or damages as the
31 result of a release of a pesticide from an agrichemical
32 facility site if the Agency has received notice from the
33 Department of Agriculture pursuant to Section 19.3 of the
34 Illinois Pesticide Act, the owner or operator of the
35 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
35 at the facility.
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1 (ii) The defendant is a government entity which
2 acquired the facility by escheat, or through any other
3 involuntary transfer or acquisition, or through the
4 exercise of eminent domain authority by purchase or
5 condemnation.
6 (iii) The defendant acquired the facility by
7 inheritance or bequest.
8 In addition to establishing the foregoing, the defendant
9 must establish that he has satisfied the requirements of
10 subparagraph (C) of paragraph (l) of this subsection (j).
11 (B) To establish the defendant had no reason to know, as
12 provided in clause (i) of subparagraph (A) of this paragraph,
13 the defendant must have undertaken, at the time of
14 acquisition, all appropriate inquiry into the previous
15 ownership and uses of the property consistent with good
16 commercial or customary practice in an effort to minimize
17 liability. For purposes of the preceding sentence, the court
18 shall take into account any specialized knowledge or
19 experience on the part of the defendant, the relationship of
20 the purchase price to the value of the property if
21 uncontaminated, commonly known or reasonably ascertainable
22 information about the property, the obviousness of the
23 presence or likely presence of contamination at the property,
24 and the ability to detect such contamination by appropriate
25 inspection.
26 (C) Nothing in this paragraph (6) or in subparagraph (C)
27 of paragraph (1) of this subsection shall diminish the
28 liability of any previous owner or operator of such facility
29 who would otherwise be liable under this Act. Notwithstanding
30 this paragraph (6), if the defendant obtained actual
31 knowledge of the release or threatened release of a hazardous
32 substance at such facility when the defendant owned the real
33 property and then subsequently transferred ownership of the
34 property to another person without disclosing such knowledge,
35 such defendant shall be treated as liable under subsection
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1 (f) of this Section and no defense under subparagraph (C) of
2 paragraph (1) of this subsection shall be available to such
3 defendant.
4 (D) Nothing in this paragraph (6) shall affect the
5 liability under this Act of a defendant who, by any act or
6 omission, caused or contributed to the release or threatened
7 release of a hazardous substance which is the subject of the
8 action relating to the facility.
9 (E) (i) Except as provided in clause (ii) of this
10 subparagraph (E), a defendant who has acquired real property
11 shall have established a rebuttable presumption against all
12 State claims and a conclusive presumption against all private
13 party claims that the defendant has made all appropriate
14 inquiry within the meaning of subdivision (6)(B) of this
15 subsection (j) if the defendant proves that immediately prior
16 to or at the time of the acquisition:
17 (I) the defendant obtained a Phase I Environmental
18 Audit of the real property that meets or exceeds the
19 requirements of this subparagraph (E), and the Phase I
20 Environmental Audit did not disclose the presence or
21 likely presence of a release or a substantial threat of a
22 release of a hazardous substance or pesticide at, on, to,
23 or from the real property; or
24 (II) the defendant obtained a Phase II
25 Environmental Audit of the real property that meets or
26 exceeds the requirements of this subparagraph (E), and
27 the Phase II Environmental Audit did not disclose the
28 presence or likely presence of a release or a substantial
29 threat of a release of a hazardous substance or pesticide
30 at, on, to, or from the real property.
31 (ii) No presumption shall be created under clause (i) of
32 this subparagraph (E), and a defendant shall be precluded
33 from demonstrating that the defendant has made all
34 appropriate inquiry within the meaning of subdivision (6)(B)
35 of this subsection (j), if:
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1 (I) the defendant fails to obtain all Environmental
2 Audits required under this subparagraph (E) or any such
3 Environmental Audit fails to meet or exceed the
4 requirements of this subparagraph (E);
5 (II) a Phase I Environmental Audit discloses the
6 presence or likely presence of a release or a substantial
7 threat of a release of a hazardous substance or pesticide
8 at, on, to, or from real property, and the defendant
9 fails to obtain a Phase II Environmental Audit;
10 (III) a Phase II Environmental Audit discloses the
11 presence or likely presence of a release or a substantial
12 threat of a release of a hazardous substance or pesticide
13 at, on, to, or from the real property;
14 (IV) the defendant fails to maintain a written
15 compilation and explanatory summary report of the
16 information reviewed in the course of each Environmental
17 Audit under this subparagraph (E); or
18 (V) there is any evidence of fraud, material
19 concealment, or material misrepresentation by the
20 defendant of environmental conditions or of related
21 information discovered during the course of an
22 Environmental Audit.
23 (iii) For purposes of this subparagraph (E), the term
24 "environmental professional" means an individual (other than
25 a practicing attorney) who, through academic training,
26 occupational experience, and reputation (such as engineers,
27 industrial hygienists, or geologists) can objectively conduct
28 one or more aspects of an Environmental Audit and who either:
29 (I) maintains at the time of the Environmental
30 Audit and for at least one year thereafter at least
31 $500,000 of environmental consultants' professional
32 liability insurance coverage issued by an insurance
33 company licensed to do business in Illinois; or
34 (II) is an Illinois licensed professional engineer
35 or an Illinois licensed industrial hygienist.
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1 An environmental professional may employ persons who are
2 not environmental professionals to assist in the preparation
3 of an Environmental Audit if such persons are under the
4 direct supervision and control of the environmental
5 professional.
6 (iv) For purposes of this subparagraph (E), the term
7 "real property" means any interest in any parcel of land, and
8 shall not be limited to the definition of the term "real
9 property" contained in the Responsible Property Transfer Act
10 of 1988. For purposes of this subparagraph (E), the term
11 "real property" includes, but is not limited to, buildings,
12 fixtures, and improvements.
13 (v) For purposes of this subparagraph (E), the term
14 "Phase I Environmental Audit" means an investigation of real
15 property, conducted by environmental professionals, to
16 discover the presence or likely presence of a release or a
17 substantial threat of a release of a hazardous substance or
18 pesticide at, on, to, or from real property, and whether a
19 release or a substantial threat of a release of a hazardous
20 substance or pesticide has occurred or may occur at, on, to,
21 or from the real property. The investigation shall include a
22 review of at least each of the following sources of
23 information concerning the current and previous ownership and
24 use of the real property:
25 (I) Recorded chain of title documents regarding the
26 real property, including all deeds, easements, leases,
27 restrictions, and covenants for a period of 50 years.
28 (II) Aerial photographs that may reflect prior uses
29 of the real property and that are reasonably obtainable
30 through State, federal, or local government agencies or
31 bodies.
32 (III) Recorded environmental cleanup liens, if any,
33 against the real property that have arisen pursuant to
34 this Act or federal statutes.
35 (IV) Reasonably obtainable State, federal, and
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1 local government records of sites or facilities at, on,
2 or near the real property to discover the presence or
3 likely presence of a hazardous substance or pesticide,
4 and whether a release or a substantial threat of a
5 release of a hazardous substance or pesticide has
6 occurred or may occur at, on, to, or from the real
7 property. Such government records shall include, but not
8 be limited to: reasonably obtainable State, federal, and
9 local government investigation reports for those sites or
10 facilities; reasonably obtainable State, federal, and
11 local government records of activities likely to cause or
12 contribute to a release or a threatened release of a
13 hazardous substance or pesticide at, on, to, or from the
14 real property, including landfill and other treatment,
15 storage, and disposal location records, underground
16 storage tank records, hazardous waste transporter and
17 generator records, and spill reporting records; and other
18 reasonably obtainable State, federal, and local
19 government environmental records that report incidents or
20 activities that are likely to cause or contribute to a
21 release or a threatened release of a hazardous substance
22 or pesticide at, on, to, or from the real property. In
23 order to be deemed "reasonably obtainable" as required
24 herein, a copy or reasonable facsimile of the record must
25 be obtainable from the government agency by request and
26 upon payment of a processing fee, if any, established by
27 the government agency. The Agency is authorized to
28 establish a reasonable fee for processing requests
29 received under this subparagraph (E) for records. All
30 fees collected by the Agency under this clause (v)(IV)
31 shall be deposited into the Environmental Protection
32 Permit and Inspection Fund in accordance with Section
33 22.8. Notwithstanding any other law, if the fee is paid,
34 commencing on the effective date of this amendatory Act
35 of 1993 and until one year after the effective date of
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1 this amendatory Act of 1993, the Agency shall use its
2 best efforts to process a request received under this
3 subparagraph (E) as expeditiously as possible.
4 Notwithstanding any other law, commencing one year after
5 the effective date of this amendatory Act of 1993, if the
6 fee is paid, the Agency shall process a request received
7 under this subparagraph (E) for records within 30 days of
8 the receipt of such request.
9 (V) A visual site inspection of the real property
10 and all facilities and improvements on the real property
11 and a visual inspection of properties immediately
12 adjacent to the real property, including an investigation
13 of any use, storage, treatment, spills from use, or
14 disposal of hazardous substances, hazardous wastes, solid
15 wastes, or pesticides. If the person conducting the
16 investigation is denied access to any property adjacent
17 to the real property, the person shall conduct a visual
18 inspection of that adjacent property from the property to
19 which the person does have access and from public
20 rights-of-way.
21 (VI) A review of business records for activities at
22 or on the real property for a period of 50 years.
23 (vi) For purposes of subparagraph (E), the term "Phase
24 II Environmental Audit" means an investigation of real
25 property, conducted by environmental professionals,
26 subsequent to a Phase I Environmental Audit. If the Phase I
27 Environmental Audit discloses the presence or likely presence
28 of a hazardous substance or a pesticide or a release or a
29 substantial threat of a release of a hazardous substance or
30 pesticide:
31 (I) In or to soil, the defendant, as part of the
32 Phase II Environmental Audit, shall perform a series of
33 soil borings sufficient to determine whether there is a
34 presence or likely presence of a hazardous substance or
35 pesticide and whether there is or has been a release or a
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1 substantial threat of a release of a hazardous substance
2 or pesticide at, on, to, or from the real property.
3 (II) In or to groundwater, the defendant, as part
4 of the Phase II Environmental Audit, shall: review
5 information regarding local geology, water well
6 locations, and locations of waters of the State as may be
7 obtained from State, federal, and local government
8 records, including but not limited to the United States
9 Geological Service, the State Geological Survey Division
10 of the Department of Natural Resources, and the State
11 Water Survey Division of the Department of Natural
12 Resources; and perform groundwater monitoring sufficient
13 to determine whether there is a presence or likely
14 presence of a hazardous substance or pesticide, and
15 whether there is or has been a release or a substantial
16 threat of a release of a hazardous substance or pesticide
17 at, on, to, or from the real property.
18 (III) On or to media other than soil or
19 groundwater, the defendant, as part of the Phase II
20 Environmental Audit, shall perform an investigation
21 sufficient to determine whether there is a presence or
22 likely presence of a hazardous substance or pesticide,
23 and whether there is or has been a release or a
24 substantial threat of a release of a hazardous substance
25 or pesticide at, on, to, or from the real property.
26 (vii) The findings of each Environmental Audit prepared
27 under this subparagraph (E) shall be set forth in a written
28 audit report. Each audit report shall contain an affirmation
29 by the defendant and by each environmental professional who
30 prepared the Environmental Audit that the facts stated in the
31 report are true and are made under a penalty of perjury as
32 defined in Section 32-2 of the Criminal Code of 1961. It is
33 perjury for any person to sign an audit report that contains
34 a false material statement that the person does not believe
35 to be true.
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1 (viii) The Agency is not required to review, approve, or
2 certify the results of any Environmental Audit. The
3 performance of an Environmental Audit shall in no way entitle
4 a defendant to a presumption of Agency approval or
5 certification of the results of the Environmental Audit.
6 The presence or absence of a disclosure document prepared
7 under the Responsible Property Transfer Act of 1988 shall not
8 be a defense under this Act and shall not satisfy the
9 requirements of subdivision (6)(A) of this subsection (j).
10 (7) No person shall be liable under this Section for
11 response costs or damages as the result of a pesticide
12 release if the Agency has found that a pesticide release
13 occurred based on a Health Advisory issued by the U.S.
14 Environmental Protection Agency or an action level developed
15 by the Agency, unless the Agency notified the manufacturer of
16 the pesticide and provided an opportunity of not less than 30
17 days for the manufacturer to comment on the technical and
18 scientific justification supporting the Health Advisory or
19 action level.
20 (8) No person shall be liable under this Section for
21 response costs or damages as the result of a pesticide
22 release that occurs in the course of a farm pesticide
23 collection program operated under Section 19.1 of the
24 Illinois Pesticide Act, unless the release results from gross
25 negligence or intentional misconduct.
26 (k) If any person who is liable for a release or
27 substantial threat of release of a hazardous substance or
28 pesticide fails without sufficient cause to provide removal
29 or remedial action upon or in accordance with a notice and
30 request by the Agency or upon or in accordance with any order
31 of the Board or any court, such person may be liable to the
32 State for punitive damages in an amount at least equal to,
33 and not more than 3 times, the amount of any costs incurred
34 by the State of Illinois as a result of such failure to take
35 such removal or remedial action. The punitive damages
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1 imposed by the Board shall be in addition to any costs
2 recovered from such person pursuant to this Section and in
3 addition to any other penalty or relief provided by this Act
4 or any other law.
5 Any monies received by the State pursuant to this
6 subsection (k) shall be deposited in the Hazardous Waste
7 Fund.
8 (l) Beginning January 1, 1988, the Agency shall annually
9 collect a $250 fee for each Special Waste Hauling Permit
10 Application and, in addition, shall collect a fee of $20 for
11 each waste hauling vehicle identified in the annual permit
12 application and for each vehicle which is added to the permit
13 during the annual period. The Agency shall deposit 85% of
14 such fees collected under this subsection in the State
15 Treasury to the credit of the Hazardous Waste Research Fund;
16 and shall deposit the remaining 15% of such fees collected in
17 the State Treasury to the credit of the Environmental
18 Protection Permit and Inspection Fund. The majority of such
19 receipts which are deposited in the Hazardous Waste Research
20 Fund pursuant to this subsection shall be used by the
21 Department of Natural Resources for activities which relate
22 to the protection of underground waters. Persons engaged in
23 the offsite transportation of hazardous waste by highway and
24 participating in the Uniform Program under subsection (l-5)
25 are not required to file a Special Waste Hauling Permit
26 Application.
27 (l-5) (1) As used in this subsection:
28 "Base state" means the state selected by a
29 transporter according to the procedures established under
30 the Uniform Program.
31 "Base state agreement" means an agreement between
32 participating states electing to register or permit
33 transporters.
34 "Participating state" means a state electing to
35 participate in the Uniform Program by entering into a
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1 base state agreement.
2 "Transporter" means a person engaged in the offsite
3 transportation of hazardous waste by highway.
4 "Uniform application" means the uniform registration
5 and permit application form prescribed under the Uniform
6 Program.
7 "Uniform Program" means the Uniform State Hazardous
8 Materials Transportation Registration and Permit Program
9 established in the report submitted and amended pursuant
10 to 49 U.S.C. Section 5119(b), as implemented by the
11 Agency under this subsection.
12 "Vehicle" means any self-propelled motor vehicle,
13 except a truck tractor without a trailer, designed or
14 used for the transportation of hazardous waste subject to
15 the hazardous waste manifesting requirements of 40 U.S.C.
16 Section 6923(a)(3).
17 (2) Beginning July 1, 1998, the Agency shall
18 implement the Uniform State Hazardous Materials
19 Transportation Registration and Permit Program. On and
20 after that date, no person shall engage in the offsite
21 transportation of hazardous waste by highway without
22 registering and obtaining a permit under the Uniform
23 Program. A transporter with its principal place of
24 business in Illinois shall register with and obtain a
25 permit from the Agency. A transporter that designates
26 another participating state in the Uniform Program as its
27 base state shall likewise register with and obtain a
28 permit from that state before transporting hazardous
29 waste in Illinois.
30 (3) Beginning July 1, 1998, the Agency shall
31 annually collect no more than a $250 processing and audit
32 fee from each transporter of hazardous waste who has
33 filed a uniform application and, in addition, the Agency
34 shall annually collect an apportioned vehicle
35 registration fee of $20. The amount of the apportioned
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1 vehicle registration fee shall be calculated consistent
2 with the procedures established under the Uniform
3 Program.
4 All moneys received by the Agency from the
5 collection of fees pursuant to the Uniform Program shall
6 be deposited into the Hazardous Waste Transporter account
7 hereby created within the Environmental Protection Permit
8 and Inspection Fund. The State Treasurer shall credit to
9 the account interest and earnings from account
10 investments. Moneys remaining in the account at the
11 close of the fiscal year shall not lapse to the General
12 Revenue Fund. The State Treasurer may receive money or
13 other assets from any source for deposit into the
14 account. The Agency may expend moneys from the account,
15 upon appropriation, for the implementation of the Uniform
16 Program, including the costs to the Agency of fee
17 collection and administration. In addition, funds not
18 expended for the implementation of the Uniform Program
19 may be utilized for emergency response and cleanup
20 activities related melated to hazardous waste
21 transportation that are initiated by the Agency.
22 Whenever the amount of the Hazardous Waste
23 Transporter account exceeds by 115% the amount annually
24 appropriated by the General Assembly, the Agency shall credit
25 participating transporters an amount, proportionately based
26 on the amount of the vehicle fee paid, equal to the excess in
27 the account, and shall determine the need to reduce the
28 amount of the fee charged transporters in the subsequent
29 fiscal year by the amount of the credit.
30 (4) (A) The Agency may propose and the Board shall
31 adopt rules as necessary to implement and enforce the
32 Uniform Program. The Agency is authorized to enter into
33 agreements with other agencies of this State as necessary
34 to carry out administrative functions or enforcement of
35 the Uniform Program.
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1 (B) The Agency shall recognize a Uniform Program
2 registration as valid for one year from the date a notice
3 of registration form is issued and a permit as valid for
4 3 years from the date issued or until a transporter fails
5 to renew its registration, whichever occurs first.
6 (C) The Agency may inspect or examine any motor
7 vehicle or facility operated by a transporter, including
8 papers, books, records, documents, or other materials to
9 determine if a transporter is complying with the Uniform
10 Program. The Agency may also conduct investigations and
11 audits as necessary to determine if a transporter is
12 entitled to a permit or to make suspension or revocation
13 determinations consistent with the standards of the
14 Uniform Program.
15 (5) The Agency may enter into agreements with
16 federal agencies, national repositories, or other
17 participating states as necessary to allow for the
18 reciprocal registration and permitting of transporters
19 pursuant to the Uniform Program. The agreements may
20 include procedures for determining a base state, the
21 collection and distribution of registration fees, dispute
22 resolution, the exchange of information for reporting and
23 enforcement purposes, and other provisions necessary to
24 fully implement, administer, and enforce the Uniform
25 Program.
26 (m) (Blank).
27 (n) (Blank).
28 (Source: P.A. 89-94, eff. 7-6-95; 89-158, eff. 1-1-96;
29 89-431, eff. 12-15-95; 89-443, eff. 7-1-96; 89-445, eff.
30 2-7-96; 89-626, eff. 8-9-96; 90-14, eff. 7-1-97; 90-219, eff.
31 7-25-97; revised 4-28-98.)
32 (415 ILCS 5/39.5) (from Ch. 111 1/2, par. 1039.5)
33 Sec. 39.5. Clean Air Act Permit Program.
34 1. Definitions.
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1 For purposes of this Section:
2 "Administrative permit amendment" means a permit revision
3 subject to subsection 13 of this Section.
4 "Affected source for acid deposition" means a source that
5 includes one or more affected units under Title IV of the
6 Clean Air Act.
7 "Affected States" for purposes of formal distribution of
8 a draft CAAPP permit to other States for comments prior to
9 issuance, means all States:
10 (1) Whose air quality may be affected by the source
11 covered by the draft permit and that are contiguous to
12 Illinois; or
13 (2) That are within 50 miles of the source.
14 "Affected unit for acid deposition" shall have the
15 meaning given to the term "affected unit" in the regulations
16 promulgated under Title IV of the Clean Air Act.
17 "Applicable Clean Air Act requirement" means all of the
18 following as they apply to emissions units in a source
19 (including regulations that have been promulgated or approved
20 by USEPA pursuant to the Clean Air Act which directly impose
21 requirements upon a source and other such federal
22 requirements which have been adopted by the Board. These may
23 include requirements and regulations which have future
24 effective compliance dates. Requirements and regulations
25 will be exempt if USEPA determines that such requirements
26 need not be contained in a Title V permit):
27 (1) Any standard or other requirement provided for
28 in the applicable state implementation plan approved or
29 promulgated by USEPA under Title I of the Clean Air Act
30 that implement the relevant requirements of the Clean Air
31 Act, including any revisions to the state Implementation
32 Plan promulgated in 40 CFR Part 52, Subparts A and O and
33 other subparts applicable to Illinois. For purposes of
34 this subsection (1) of this definition, "any standard or
35 other requirement" shall mean only such standards or
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1 requirements directly enforceable against an individual
2 source under the Clean Air Act.
3 (2)(i) Any term or condition of any preconstruction
4 permits issued pursuant to regulations approved or
5 promulgated by USEPA under Title I of the Clean Air
6 Act, including Part C or D of the Clean Air Act.
7 (ii) Any term or condition as required
8 pursuant to Section 39.5 of any federally
9 enforceable State operating permit issued pursuant
10 to regulations approved or promulgated by USEPA
11 under Title I of the Clean Air Act, including Part C
12 or D of the Clean Air Act.
13 (3) Any standard or other requirement under Section
14 111 of the Clean Air Act, including Section 111(d).
15 (4) Any standard or other requirement under Section
16 112 of the Clean Air Act, including any requirement
17 concerning accident prevention under Section 112(r)(7) of
18 the Clean Air Act.
19 (5) Any standard or other requirement of the acid
20 rain program under Title IV of the Clean Air Act or the
21 regulations promulgated thereunder.
22 (6) Any requirements established pursuant to
23 Section 504(b) or Section 114(a)(3) of the Clean Air Act.
24 (7) Any standard or other requirement governing
25 solid waste incineration, under Section 129 of the Clean
26 Air Act.
27 (8) Any standard or other requirement for consumer
28 and commercial products, under Section 183(e) of the
29 Clean Air Act.
30 (9) Any standard or other requirement for tank
31 vessels, under Section 183(f) of the Clean Air Act.
32 (10) Any standard or other requirement of the
33 program to control air pollution from Outer Continental
34 Shelf sources, under Section 328 of the Clean Air Act.
35 (11) Any standard or other requirement of the
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1 regulations promulgated to protect stratospheric ozone
2 under Title VI of the Clean Air Act, unless USEPA has
3 determined that such requirements need not be contained
4 in a Title V permit.
5 (12) Any national ambient air quality standard or
6 increment or visibility requirement under Part C of Title
7 I of the Clean Air Act, but only as it would apply to
8 temporary sources permitted pursuant to Section 504(e) of
9 the Clean Air Act.
10 "Applicable requirement" means all applicable Clean Air
11 Act requirements and any other standard, limitation, or other
12 requirement contained in this Act or regulations promulgated
13 under this Act as applicable to sources of air contaminants
14 (including requirements that have future effective compliance
15 dates).
16 "CAAPP" means the Clean Air Act Permit Program, developed
17 pursuant to Title V of the Clean Air Act.
18 "CAAPP application" means an application for a CAAPP
19 permit.
20 "CAAPP Permit" or "permit" (unless the context suggests
21 otherwise) means any permit issued, renewed, amended,
22 modified or revised pursuant to Title V of the Clean Air Act.
23 "CAAPP source" means any source for which the owner or
24 operator is required to obtain a CAAPP permit pursuant to
25 subsection 2 of this Section.
26 "Clean Air Act" means the Clean Air Act, as now and
27 hereafter amended, 42 U.S.C. 7401, et seq.
28 "Designated representative" shall have the meaning given
29 to it in Section 402(26) of the Clean Air Act and the
30 regulations promulgated thereunder which states that the term
31 'designated representative' shall mean a responsible person
32 or official authorized by the owner or operator of a unit to
33 represent the owner or operator in all matters pertaining to
34 the holding, transfer, or disposition of allowances allocated
35 to a unit, and the submission of and compliance with permits,
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1 permit applications, and compliance plans for the unit.
2 "Draft CAAPP permit" means the version of a CAAPP permit
3 for which public notice and an opportunity for public comment
4 and hearing is offered by the Agency.
5 "Effective date of the CAAPP" means the date that USEPA
6 approves Illinois' CAAPP.
7 "Emission unit" means any part or activity of a
8 stationary source that emits or has the potential to emit any
9 air pollutant. This term is not meant to alter or affect the
10 definition of the term "unit" for purposes of Title IV of the
11 Clean Air Act.
12 "Federally enforceable" means enforceable by USEPA.
13 "Final permit action" means the Agency's granting with
14 conditions, refusal to grant, renewal of, or revision of a
15 CAAPP permit, the Agency's determination of incompleteness of
16 a submitted CAAPP application, or the Agency's failure to act
17 on an application for a permit, permit renewal, or permit
18 revision within the time specified in paragraph 5(j),
19 subsection 13, or subsection 14 of this Section.
20 "General permit" means a permit issued to cover numerous
21 similar sources in accordance with subsection 11 of this
22 Section.
23 "Major source" means a source for which emissions of one
24 or more air pollutants meet the criteria for major status
25 pursuant to paragraph 2(c) of this Section.
26 "Maximum achievable control technology" or "MACT" means
27 the maximum degree of reductions in emissions deemed
28 achievable under Section 112 of the Clean Air Act.
29 "Owner or operator" means any person who owns, leases,
30 operates, controls, or supervises a stationary source.
31 "Permit modification" means a revision to a CAAPP permit
32 that cannot be accomplished under the provisions for
33 administrative permit amendments under subsection 13 of this
34 Section.
35 "Permit revision" means a permit modification or
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1 administrative permit amendment.
2 "Phase II" means the period of the national acid rain
3 program, established under Title IV of the Clean Air Act,
4 beginning January 1, 2000, and continuing thereafter.
5 "Phase II acid rain permit" means the portion of a CAAPP
6 permit issued, renewed, modified, or revised by the Agency
7 during Phase II for an affected source for acid deposition.
8 "Potential to emit" means the maximum capacity of a
9 stationary source to emit any air pollutant under its
10 physical and operational design. Any physical or operational
11 limitation on the capacity of a source to emit an air
12 pollutant, including air pollution control equipment and
13 restrictions on hours of operation or on the type or amount
14 of material combusted, stored, or processed, shall be treated
15 as part of its design if the limitation is enforceable by
16 USEPA. This definition does not alter or affect the use of
17 this term for any other purposes under the Clean Air Act, or
18 the term "capacity factor" as used in Title IV of the Clean
19 Air Act or the regulations promulgated thereunder.
20 "Preconstruction Permit" or "Construction Permit" means a
21 permit which is to be obtained prior to commencing or
22 beginning actual construction or modification of a source or
23 emissions unit.
24 "Proposed CAAPP permit" means the version of a CAAPP
25 permit that the Agency proposes to issue and forwards to
26 USEPA for review in compliance with applicable requirements
27 of the Act and regulations promulgated thereunder.
28 "Regulated air pollutant" means the following:
29 (1) Nitrogen oxides (NOx) or any volatile organic
30 compound.
31 (2) Any pollutant for which a national ambient air
32 quality standard has been promulgated.
33 (3) Any pollutant that is subject to any standard
34 promulgated under Section 111 of the Clean Air Act.
35 (4) Any Class I or II substance subject to a
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1 standard promulgated under or established by Title VI of
2 the Clean Air Act.
3 (5) Any pollutant subject to a standard promulgated
4 under Section 112 or other requirements established under
5 Section 112 of the Clean Air Act, including Sections
6 112(g), (j) and (r).
7 (i) Any pollutant subject to requirements
8 under Section 112(j) of the Clean Air Act. Any
9 pollutant listed under Section 112(b) for which the
10 subject source would be major shall be considered to
11 be regulated 18 months after the date on which USEPA
12 was required to promulgate an applicable standard
13 pursuant to Section 112(e) of the Clean Air Act, if
14 USEPA fails to promulgate such standard.
15 (ii) Any pollutant for which the requirements
16 of Section 112(g)(2) of the Clean Air Act have been
17 met, but only with respect to the individual source
18 subject to Section 112(g)(2) requirement.
19 "Renewal" means the process by which a permit is reissued
20 at the end of its term.
21 "Responsible official" means one of the following:
22 (1) For a corporation: a president, secretary,
23 treasurer, or vice-president of the corporation in charge
24 of a principal business function, or any other person who
25 performs similar policy or decision-making functions for
26 the corporation, or a duly authorized representative of
27 such person if the representative is responsible for the
28 overall operation of one or more manufacturing,
29 production, or operating facilities applying for or
30 subject to a permit and either (i) the facilities employ
31 more than 250 persons or have gross annual sales or
32 expenditures exceeding $25 million (in second quarter
33 1980 dollars), or (ii) the delegation of authority to
34 such representative is approved in advance by the Agency.
35 (2) For a partnership or sole proprietorship: a
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1 general partner or the proprietor, respectively, or in
2 the case of a partnership in which all of the partners
3 are corporations, a duly authorized representative of the
4 partnership if the representative is responsible for the
5 overall operation of one or more manufacturing,
6 production, or operating facilities applying for or
7 subject to a permit and either (i) the facilities employ
8 more than 250 persons or have gross annual sales or
9 expenditures exceeding $25 million (in second quarter
10 1980 dollars), or (ii) the delegation of authority to
11 such representative is approved in advance by the Agency.
12 (3) For a municipality, State, Federal, or other
13 public agency: either a principal executive officer or
14 ranking elected official. For the purposes of this part,
15 a principal executive officer of a Federal agency
16 includes the chief executive officer having
17 responsibility for the overall operations of a principal
18 geographic unit of the agency (e.g., a Regional
19 Administrator of USEPA).
20 (4) For affected sources for acid deposition:
21 (i) The designated representative shall be the
22 "responsible official" in so far as actions,
23 standards, requirements, or prohibitions under Title
24 IV of the Clean Air Act or the regulations
25 promulgated thereunder are concerned.
26 (ii) The designated representative may also be
27 the "responsible official" for any other purposes
28 with respect to air pollution control.
29 "Section 502(b)(10) changes" means changes that
30 contravene express permit terms. "Section 502(b)(10) changes"
31 do not include changes that would violate applicable
32 requirements or contravene federally enforceable permit terms
33 or conditions that are monitoring (including test methods),
34 recordkeeping, reporting, or compliance certification
35 requirements.
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1 "Solid waste incineration unit" means a distinct
2 operating unit of any facility which combusts any solid waste
3 material from commercial or industrial establishments or the
4 general public (including single and multiple residences,
5 hotels, and motels). The term does not include incinerators
6 or other units required to have a permit under Section 3005
7 of the Solid Waste Disposal Act. The term also does not
8 include (A) materials recovery facilities (including primary
9 or secondary smelters) which combust waste for the primary
10 purpose of recovering metals, (B) qualifying small power
11 production facilities, as defined in Section 3(17)(C) of the
12 Federal Power Act (16 U.S.C. 769(17)(C)), or qualifying
13 cogeneration facilities, as defined in Section 3(18)(B) of
14 the Federal Power Act (16 U.S.C. 796(18)(B)), which burn
15 homogeneous waste (such as units which burn tires or used
16 oil, but not including refuse-derived fuel) for the
17 production of electric energy or in the case of qualifying
18 cogeneration facilities which burn homogeneous waste for the
19 production of electric energy and steam or forms of useful
20 energy (such as heat) which are used for industrial,
21 commercial, heating or cooling purposes, or (C) air curtain
22 incinerators provided that such incinerators only burn wood
23 wastes, yard waste and clean lumber and that such air curtain
24 incinerators comply with opacity limitations to be
25 established by the USEPA by rule.
26 "Source" means any stationary source (or any group of
27 stationary sources) that are located on one or more
28 contiguous or adjacent properties, and that are under common
29 control of the same person (or persons under common control)
30 and that belongs belonging to a single major industrial
31 grouping. For the purposes of defining "source," a
32 stationary source or group of stationary sources shall be
33 considered part of a single major industrial grouping if all
34 of the pollutant emitting activities at such source or group
35 of sources located on contiguous or adjacent properties and
-37- SRS90SB0545JJawccr1
1 under common control property belong to the same Major Group
2 (i.e., all have the same two-digit code) as described in the
3 Standard Industrial Classification Manual, 1987, or such
4 pollutant emitting activities at a stationary source (or
5 group of stationary sources) located on contiguous or
6 adjacent properties and under common control constitute a
7 support facility. The determination as to whether any group
8 of stationary sources are located on contiguous or adjacent
9 properties, and/or are under common control, and/or whether
10 the pollutant emitting activities at such group of stationary
11 sources constitute a support facility shall be made on a case
12 by case basis.
13 "Stationary source" means any building, structure,
14 facility, or installation that emits or may emit any
15 regulated air pollutant or any pollutant listed under Section
16 112(b) of the Clean Air Act.
17 "Support facility" means any stationary source (or group
18 of stationary sources) that conveys, stores, or otherwise
19 assists to a significant extent in the production of a
20 principal product at another stationary source (or group of
21 stationary sources). A support facility shall be considered
22 to be part of the same source as the stationary source (or
23 group of stationary sources) that it supports regardless of
24 the 2-digit Standard Industrial Classification code for the
25 support facility.
26 "USEPA" means the Administrator of the United States
27 Environmental Protection Agency (USEPA) or a person
28 designated by the Administrator.
29 1.1. Exclusion From the CAAPP.
30 a. An owner or operator of a source which
31 determines that the source could be excluded from the
32 CAAPP may seek such exclusion prior to the date that the
33 CAAPP application for the source is due but in no case
34 later than 9 months after the effective date of the CAAPP
-38- SRS90SB0545JJawccr1
1 through the imposition of federally enforceable
2 conditions limiting the "potential to emit" of the source
3 to a level below the major source threshold for that
4 source as described in paragraph 2(c) of this Section,
5 within a State operating permit issued pursuant to
6 Section 39(a) of this Act. After such date, an exclusion
7 from the CAAPP may be sought under paragraph 3(c) of this
8 Section.
9 b. An owner or operator of a source seeking
10 exclusion from the CAAPP pursuant to paragraph (a) of
11 this subsection must submit a permit application
12 consistent with the existing State permit program which
13 specifically requests such exclusion through the
14 imposition of such federally enforceable conditions.
15 c. Upon such request, if the Agency determines that
16 the owner or operator of a source has met the
17 requirements for exclusion pursuant to paragraph (a) of
18 this subsection and other applicable requirements for
19 permit issuance under Section 39(a) of this Act, the
20 Agency shall issue a State operating permit for such
21 source under Section 39(a) of this Act, as amended, and
22 regulations promulgated thereunder with federally
23 enforceable conditions limiting the "potential to emit"
24 of the source to a level below the major source threshold
25 for that source as described in paragraph 2(c) of this
26 Section.
27 d. The Agency shall provide an owner or operator of
28 a source which may be excluded from the CAAPP pursuant to
29 this subsection with reasonable notice that the owner or
30 operator may seek such exclusion.
31 e. The Agency shall provide such sources with the
32 necessary permit application forms.
33 2. Applicability.
34 a. Sources subject to this Section shall include:
-39- SRS90SB0545JJawccr1
1 i. Any major source as defined in paragraph
2 (c) of this subsection.
3 ii. Any source subject to a standard or other
4 requirements promulgated under Section 111 (New
5 Source Performance Standards) or Section 112
6 (Hazardous Air Pollutants) of the Clean Air Act,
7 except that a source is not required to obtain a
8 permit solely because it is subject to regulations
9 or requirements under Section 112(r) of the Clean
10 Air Act.
11 iii. Any affected source for acid deposition,
12 as defined in subsection 1 of this Section.
13 iv. Any other source subject to this Section
14 under the Clean Air Act or regulations promulgated
15 thereunder, or applicable Board regulations.
16 b. Sources exempted from this Section shall
17 include:
18 i. All sources listed in paragraph (a) of this
19 subsection which are not major sources, affected
20 sources for acid deposition or solid waste
21 incineration units required to obtain a permit
22 pursuant to Section 129(e) of the Clean Air Act,
23 until the source is required to obtain a CAAPP
24 permit pursuant to the Clean Air Act or regulations
25 promulgated thereunder.
26 ii. Nonmajor sources subject to a standard or
27 other requirements subsequently promulgated by USEPA
28 under Section 111 or 112 of the Clean Air Act which
29 are determined by USEPA to be exempt at the time a
30 new standard is promulgated.
31 iii. All sources and source categories that
32 would be required to obtain a permit solely because
33 they are subject to Part 60, Subpart AAA - Standards
34 of Performance for New Residential Wood Heaters (40
35 CFR Part 60).
-40- SRS90SB0545JJawccr1
1 iv. All sources and source categories that
2 would be required to obtain a permit solely because
3 they are subject to Part 61, Subpart M - National
4 Emission Standard for Hazardous Air Pollutants for
5 Asbestos, Section 61.145 (40 CFR Part 61).
6 v. Any other source categories exempted by
7 USEPA regulations pursuant to Section 502(a) of the
8 Clean Air Act.
9 c. For purposes of this Section the term "major
10 source" means any source that is:
11 i. A major source under Section 112 of the
12 Clean Air Act, which is defined as:
13 A. For pollutants other than
14 radionuclides, any stationary source or group
15 of stationary sources located within a
16 contiguous area and under common control that
17 emits or has the potential to emit, in the
18 aggregate, 10 tons per year (tpy) or more of
19 any hazardous air pollutant which has been
20 listed pursuant to Section 112(b) of the Clean
21 Air Act, 25 tpy or more of any combination of
22 such hazardous air pollutants, or such lesser
23 quantity as USEPA may establish by rule.
24 Notwithstanding the preceding sentence,
25 emissions from any oil or gas exploration or
26 production well (with its associated equipment)
27 and emissions from any pipeline compressor or
28 pump station shall not be aggregated with
29 emissions from other similar units, whether or
30 not such units are in a contiguous area or
31 under common control, to determine whether such
32 stations are major sources.
33 B. For radionuclides, "major source"
34 shall have the meaning specified by the USEPA
35 by rule.
-41- SRS90SB0545JJawccr1
1 ii. A major stationary source of air
2 pollutants, as defined in Section 302 of the Clean
3 Air Act, that directly emits or has the potential to
4 emit, 100 tpy or more of any air pollutant
5 (including any major source of fugitive emissions of
6 any such pollutant, as determined by rule by USEPA).
7 For purposes of this subsection, "fugitive
8 emissions" means those emissions which could not
9 reasonably pass through a stack, chimney, vent, or
10 other functionally-equivalent opening. The fugitive
11 emissions of a stationary source shall not be
12 considered in determining whether it is a major
13 stationary source for the purposes of Section 302(j)
14 of the Clean Air Act, unless the source belongs to
15 one of the following categories of stationary
16 source:
17 A. Coal cleaning plants (with thermal
18 dryers).
19 B. Kraft pulp mills.
20 C. Portland cement plants.
21 D. Primary zinc smelters.
22 E. Iron and steel mills.
23 F. Primary aluminum ore reduction plants.
24 G. Primary copper smelters.
25 H. Municipal incinerators capable of
26 charging more than 250 tons of refuse per day.
27 I. Hydrofluoric, sulfuric, or nitric acid
28 plants.
29 J. Petroleum refineries.
30 K. Lime plants.
31 L. Phosphate rock processing plants.
32 M. Coke oven batteries.
33 N. Sulfur recovery plants.
34 O. Carbon black plants (furnace process).
35 P. Primary lead smelters.
-42- SRS90SB0545JJawccr1
1 Q. Fuel conversion plants.
2 R. Sintering plants.
3 S. Secondary metal production plants.
4 T. Chemical process plants.
5 U. Fossil-fuel boilers (or combination
6 thereof) totaling more than 250 million British
7 thermal units per hour heat input.
8 V. Petroleum storage and transfer units
9 with a total storage capacity exceeding 300,000
10 barrels.
11 W. Taconite ore processing plants.
12 X. Glass fiber processing plants.
13 Y. Charcoal production plants.
14 Z. Fossil fuel-fired steam electric
15 plants of more than 250 million British thermal
16 units per hour heat input.
17 AA. All other stationary source
18 categories regulated by a standard promulgated
19 under Section 111 or 112 of the Clean Air Act,
20 but only with respect to those air pollutants
21 that have been regulated for that category.
22 BB. Any other stationary source category
23 designated by USEPA by rule.
24 iii. A major stationary source as defined in
25 part D of Title I of the Clean Air Act including:
26 A. For ozone nonattainment areas, sources
27 with the potential to emit 100 tons or more per
28 year of volatile organic compounds or oxides of
29 nitrogen in areas classified as "marginal" or
30 "moderate", 50 tons or more per year in areas
31 classified as "serious", 25 tons or more per
32 year in areas classified as "severe", and 10
33 tons or more per year in areas classified as
34 "extreme"; except that the references in this
35 clause to 100, 50, 25, and 10 tons per year of
-43- SRS90SB0545JJawccr1
1 nitrogen oxides shall not apply with respect to
2 any source for which USEPA has made a finding,
3 under Section 182(f)(1) or (2) of the Clean Air
4 Act, that requirements otherwise applicable to
5 such source under Section 182(f) of the Clean
6 Air Act do not apply. Such sources shall
7 remain subject to the major source criteria of
8 paragraph 2(c)(ii) of this subsection.
9 B. For ozone transport regions
10 established pursuant to Section 184 of the
11 Clean Air Act, sources with the potential to
12 emit 50 tons or more per year of volatile
13 organic compounds (VOCs).
14 C. For carbon monoxide nonattainment
15 areas (1) that are classified as "serious", and
16 (2) in which stationary sources contribute
17 significantly to carbon monoxide levels as
18 determined under rules issued by USEPA, sources
19 with the potential to emit 50 tons or more per
20 year of carbon monoxide.
21 D. For particulate matter (PM-10)
22 nonattainment areas classified as "serious",
23 sources with the potential to emit 70 tons or
24 more per year of PM-10.
25 3. Agency Authority To Issue CAAPP Permits and Federally
26 Enforceable State Operating Permits.
27 a. The Agency shall issue CAAPP permits under this
28 Section consistent with the Clean Air Act and regulations
29 promulgated thereunder and this Act and regulations
30 promulgated thereunder.
31 b. The Agency shall issue CAAPP permits for fixed
32 terms of 5 years, except CAAPP permits issued for solid
33 waste incineration units combusting municipal waste which
34 shall be issued for fixed terms of 12 years and except
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1 CAAPP permits for affected sources for acid deposition
2 which shall be issued for initial terms to expire on
3 December 31, 1999, and for fixed terms of 5 years
4 thereafter.
5 c. The Agency shall have the authority to issue a
6 State operating permit for a source under Section 39(a)
7 of this Act, as amended, and regulations promulgated
8 thereunder, which includes federally enforceable
9 conditions limiting the "potential to emit" of the source
10 to a level below the major source threshold for that
11 source as described in paragraph 2(c) of this Section,
12 thereby excluding the source from the CAAPP, when
13 requested by the applicant pursuant to paragraph 5(u) of
14 this Section. The public notice requirements of this
15 Section applicable to CAAPP permits shall also apply to
16 the initial issuance of permits under this paragraph.
17 d. For purposes of this Act, a permit issued by
18 USEPA under Section 505 of the Clean Air Act, as now and
19 hereafter amended, shall be deemed to be a permit issued
20 by the Agency pursuant to Section 39.5 of this Act.
21 4. Transition.
22 a. An owner or operator of a CAAPP source shall not
23 be required to renew an existing State operating permit
24 for any emission unit at such CAAPP source once a CAAPP
25 application timely submitted prior to expiration of the
26 State operating permit has been deemed complete. For
27 purposes other than permit renewal, the obligation upon
28 the owner or operator of a CAAPP source to obtain a State
29 operating permit is not removed upon submittal of the
30 complete CAAPP permit application. An owner or operator
31 of a CAAPP source seeking to make a modification to a
32 source prior to the issuance of its CAAPP permit shall be
33 required to obtain a construction and/or operating permit
34 as required for such modification in accordance with the
-45- SRS90SB0545JJawccr1
1 State permit program under Section 39(a) of this Act, as
2 amended, and regulations promulgated thereunder. The
3 application for such construction and/or operating permit
4 shall be considered an amendment to the CAAPP application
5 submitted for such source.
6 b. An owner or operator of a CAAPP source shall
7 continue to operate in accordance with the terms and
8 conditions of its applicable State operating permit
9 notwithstanding the expiration of the State operating
10 permit until the source's CAAPP permit has been issued.
11 c. An owner or operator of a CAAPP source shall
12 submit its initial CAAPP application to the Agency no
13 later than 12 months after the effective date of the
14 CAAPP. The Agency may request submittal of initial CAAPP
15 applications during this 12 month period according to a
16 schedule set forth within Agency procedures, however, in
17 no event shall the Agency require such submittal earlier
18 than 3 months after such effective date of the CAAPP. An
19 owner or operator may voluntarily submit its initial
20 CAAPP application prior to the date required within this
21 paragraph or applicable procedures, if any, subsequent to
22 the date the Agency submits the CAAPP to USEPA for
23 approval.
24 d. The Agency shall act on initial CAAPP
25 applications in accordance with subsection 5(j) of this
26 Section.
27 e. For purposes of this Section, the term "initial
28 CAAPP application" shall mean the first CAAPP application
29 submitted for a source existing as of the effective date
30 of the CAAPP.
31 f. The Agency shall provide owners or operators of
32 CAAPP sources with at least three months advance notice
33 of the date on which their applications are required to
34 be submitted. In determining which sources shall be
35 subject to early submittal, the Agency shall include
-46- SRS90SB0545JJawccr1
1 among its considerations the complexity of the permit
2 application, and the burden that such early submittal
3 will have on the source.
4 g. The CAAPP permit shall upon becoming effective
5 supersede the State operating permit.
6 h. The Agency shall have the authority to adopt
7 procedural rules, in accordance with the Illinois
8 Administrative Procedure Act, as the Agency deems
9 necessary, to implement this subsection.
10 5. Applications and Completeness.
11 a. An owner or operator of a CAAPP source shall
12 submit its complete CAAPP application consistent with the
13 Act and applicable regulations.
14 b. An owner or operator of a CAAPP source shall
15 submit a single complete CAAPP application covering all
16 emission units at that source.
17 c. To be deemed complete, a CAAPP application must
18 provide all information, as requested in Agency
19 application forms, sufficient to evaluate the subject
20 source and its application and to determine all
21 applicable requirements, pursuant to the Clean Air Act,
22 and regulations thereunder, this Act and regulations
23 thereunder. Such Agency application forms shall be
24 finalized and made available prior to the date on which
25 any CAAPP application is required.
26 d. An owner or operator of a CAAPP source shall
27 submit, as part of its complete CAAPP application, a
28 compliance plan, including a schedule of compliance,
29 describing how each emission unit will comply with all
30 applicable requirements. Any such schedule of compliance
31 shall be supplemental to, and shall not sanction
32 noncompliance with, the applicable requirements on which
33 it is based.
34 e. Each submitted CAAPP application shall be
-47- SRS90SB0545JJawccr1
1 certified for truth, accuracy, and completeness by a
2 responsible official in accordance with applicable
3 regulations.
4 f. The Agency shall provide notice to a CAAPP
5 applicant as to whether a submitted CAAPP application is
6 complete. Unless the Agency notifies the applicant of
7 incompleteness, within 60 days of receipt of the CAAPP
8 application, the application shall be deemed complete.
9 The Agency may request additional information as needed
10 to make the completeness determination. The Agency may
11 to the extent practicable provide the applicant with a
12 reasonable opportunity to correct deficiencies prior to a
13 final determination of completeness.
14 g. If after the determination of completeness the
15 Agency finds that additional information is necessary to
16 evaluate or take final action on the CAAPP application,
17 the Agency may request in writing such information from
18 the source with a reasonable deadline for response.
19 h. If the owner or operator of a CAAPP source
20 submits a timely and complete CAAPP application, the
21 source's failure to have a CAAPP permit shall not be a
22 violation of this Section until the Agency takes final
23 action on the submitted CAAPP application, provided,
24 however, where the applicant fails to submit the
25 requested information under paragraph 5(g) within the
26 time frame specified by the Agency, this protection shall
27 cease to apply.
28 i. Any applicant who fails to submit any relevant
29 facts necessary to evaluate the subject source and its
30 CAAPP application or who has submitted incorrect
31 information in a CAAPP application shall, upon becoming
32 aware of such failure or incorrect submittal, submit
33 supplementary facts or correct information to the Agency.
34 In addition, an applicant shall provide to the Agency
35 additional information as necessary to address any
-48- SRS90SB0545JJawccr1
1 requirements which become applicable to the source
2 subsequent to the date the applicant submitted its
3 complete CAAPP application but prior to release of the
4 draft CAAPP permit.
5 j. The Agency shall issue or deny the CAAPP permit
6 within 18 months after the date of receipt of the
7 complete CAAPP application, with the following
8 exceptions: (i) permits for affected sources for acid
9 deposition shall be issued or denied within 6 months
10 after receipt of a complete application in accordance
11 with subsection 17 of this Section; (ii) the Agency shall
12 act on initial CAAPP applications within 24 months after
13 the date of receipt of the complete CAAPP application;
14 (iii) the Agency shall act on complete applications
15 containing early reduction demonstrations under Section
16 112(i)(5) of the Clean Air Act within 9 months of receipt
17 of the complete CAAPP application.
18 Where the Agency does not take final action on the
19 permit within the required time period, the permit shall
20 not be deemed issued; rather, the failure to act shall be
21 treated as a final permit action for purposes of judicial
22 review pursuant to Sections 40.2 and 41 of this Act.
23 k. The submittal of a complete CAAPP application
24 shall not affect the requirement that any source have a
25 preconstruction permit under Title I of the Clean Air
26 Act.
27 l. Unless a timely and complete renewal application
28 has been submitted consistent with this subsection, a
29 CAAPP source operating upon the expiration of its CAAPP
30 permit shall be deemed to be operating without a CAAPP
31 permit. Such operation is prohibited under this Act.
32 m. Permits being renewed shall be subject to the
33 same procedural requirements, including those for public
34 participation and federal review and objection, that
35 apply to original permit issuance.
-49- SRS90SB0545JJawccr1
1 n. For purposes of permit renewal, a timely
2 application is one that is submitted no less than 9
3 months prior to the date of permit expiration.
4 o. The terms and conditions of a CAAPP permit shall
5 remain in effect until the issuance of a CAAPP renewal
6 permit provided a timely and complete CAAPP application
7 has been submitted.
8 p. The owner or operator of a CAAPP source seeking
9 a permit shield pursuant to paragraph 7(j) of this
10 Section shall request such permit shield in the CAAPP
11 application regarding that source.
12 q. The Agency shall make available to the public
13 all documents submitted by the applicant to the Agency,
14 including each CAAPP application, compliance plan
15 (including the schedule of compliance), and emissions or
16 compliance monitoring report, with the exception of
17 information entitled to confidential treatment pursuant
18 to Section 7 of this Act.
19 r. The Agency shall use the standardized forms
20 required under Title IV of the Clean Air Act and
21 regulations promulgated thereunder for affected sources
22 for acid deposition.
23 s. An owner or operator of a CAAPP source may
24 include within its CAAPP application a request for
25 permission to operate during a startup, malfunction, or
26 breakdown consistent with applicable Board regulations.
27 t. An owner or operator of a CAAPP source, in order
28 to utilize the operational flexibility provided under
29 paragraph 7(l) of this Section, must request such use and
30 provide the necessary information within its CAAPP
31 application.
32 u. An owner or operator of a CAAPP source which
33 seeks exclusion from the CAAPP through the imposition of
34 federally enforceable conditions, pursuant to paragraph
35 3(c) of this Section, must request such exclusion within
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1 a CAAPP application submitted consistent with this
2 subsection on or after the date that the CAAPP
3 application for the source is due. Prior to such date,
4 but in no case later than 9 months after the effective
5 date of the CAAPP, such owner or operator may request the
6 imposition of federally enforceable conditions pursuant
7 to paragraph 1.1(b) of this Section.
8 v. CAAPP applications shall contain accurate
9 information on allowable emissions to implement the fee
10 provisions of subsection 18 of this Section.
11 w. An owner or operator of a CAAPP source shall
12 submit within its CAAPP application emissions information
13 regarding all regulated air pollutants emitted at that
14 source consistent with applicable Agency procedures.
15 Emissions information regarding insignificant activities
16 or emission levels, as determined by the Agency pursuant
17 to Board regulations, may be submitted as a list within
18 the CAAPP application. The Agency shall propose
19 regulations to the Board defining insignificant
20 activities or emission levels, consistent with federal
21 regulations, if any, no later than 18 months after the
22 effective date of this amendatory Act of 1992, consistent
23 with Section 112(n)(1) of the Clean Air Act. The Board
24 shall adopt final regulations defining insignificant
25 activities or emission levels no later than 9 months
26 after the date of the Agency's proposal.
27 x. The owner or operator of a new CAAPP source
28 shall submit its complete CAAPP application consistent
29 with this subsection within 12 months after commencing
30 operation of such source. The owner or operator of an
31 existing source that has been excluded from the
32 provisions of this Section under subsection 1.1 or
33 subsection 3(c) of this Section and that becomes subject
34 to the CAAPP solely due to a change in operation at the
35 source shall submit its complete CAAPP application
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1 consistent with this subsection at least 180 days before
2 commencing operation in accordance with the change in
3 operation.
4 y. The Agency shall have the authority to adopt
5 procedural rules, in accordance with the Illinois
6 Administrative Procedure Act, as the Agency deems
7 necessary to implement this subsection.
8 6. Prohibitions.
9 a. It shall be unlawful for any person to violate
10 any terms or conditions of a permit issued under this
11 Section, to operate any CAAPP source except in compliance
12 with a permit issued by the Agency under this Section or
13 to violate any other applicable requirements. All terms
14 and conditions of a permit issued under this Section are
15 enforceable by USEPA and citizens under the Clean Air
16 Act, except those, if any, that are specifically
17 designated as not being federally enforceable in the
18 permit pursuant to paragraph 7(m) of this Section.
19 b. After the applicable CAAPP permit or renewal
20 application submittal date, as specified in subsection 5
21 of this Section, no person shall operate a CAAPP source
22 without a CAAPP permit unless the complete CAAPP permit
23 or renewal application for such source has been timely
24 submitted to the Agency.
25 c. No owner or operator of a CAAPP source shall
26 cause or threaten or allow the continued operation of an
27 emission source during malfunction or breakdown of the
28 emission source or related air pollution control
29 equipment if such operation would cause a violation of
30 the standards or limitations applicable to the source,
31 unless the CAAPP permit granted to the source provides
32 for such operation consistent with this Act and
33 applicable Board regulations.
34 7. Permit Content.
-52- SRS90SB0545JJawccr1
1 a. All CAAPP permits shall contain emission
2 limitations and standards and other enforceable terms and
3 conditions, including but not limited to operational
4 requirements, and schedules for achieving compliance at
5 the earliest reasonable date, which are or will be
6 required to accomplish the purposes and provisions of
7 this Act and to assure compliance with all applicable
8 requirements.
9 b. The Agency shall include among such conditions
10 applicable monitoring, reporting, record keeping and
11 compliance certification requirements, as authorized by
12 paragraphs d, e, and f of this subsection, that the
13 Agency deems necessary to assure compliance with the
14 Clean Air Act, the regulations promulgated thereunder,
15 this Act, and applicable Board regulations. When
16 monitoring, reporting, record keeping, and compliance
17 certification requirements are specified within the Clean
18 Air Act, regulations promulgated thereunder, this Act, or
19 applicable regulations, such requirements shall be
20 included within the CAAPP permit. The Board shall have
21 authority to promulgate additional regulations where
22 necessary to accomplish the purposes of the Clean Air
23 Act, this Act, and regulations promulgated thereunder.
24 c. The Agency shall assure, within such conditions,
25 the use of terms, test methods, units, averaging periods,
26 and other statistical conventions consistent with the
27 applicable emission limitations, standards, and other
28 requirements contained in the permit.
29 d. To meet the requirements of this subsection with
30 respect to monitoring, the permit shall:
31 i. Incorporate and identify all applicable
32 emissions monitoring and analysis procedures or test
33 methods required under the Clean Air Act,
34 regulations promulgated thereunder, this Act, and
35 applicable Board regulations, including any
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1 procedures and methods promulgated by USEPA pursuant
2 to Section 504(b) or Section 114 (a)(3) of the Clean
3 Air Act.
4 ii. Where the applicable requirement does not
5 require periodic testing or instrumental or
6 noninstrumental monitoring (which may consist of
7 recordkeeping designed to serve as monitoring),
8 require periodic monitoring sufficient to yield
9 reliable data from the relevant time period that is
10 representative of the source's compliance with the
11 permit, as reported pursuant to paragraph (f) of
12 this subsection. The Agency may determine that
13 recordkeeping requirements are sufficient to meet
14 the requirements of this subparagraph.
15 iii. As necessary, specify requirements
16 concerning the use, maintenance, and when
17 appropriate, installation of monitoring equipment or
18 methods.
19 e. To meet the requirements of this subsection with
20 respect to record keeping, the permit shall incorporate
21 and identify all applicable recordkeeping requirements
22 and require, where applicable, the following:
23 i. Records of required monitoring information
24 that include the following:
25 A. The date, place and time of sampling
26 or measurements.
27 B. The date(s) analyses were performed.
28 C. The company or entity that performed
29 the analyses.
30 D. The analytical techniques or methods
31 used.
32 E. The results of such analyses.
33 F. The operating conditions as existing
34 at the time of sampling or measurement.
35 ii. Retention of records of all monitoring
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1 data and support information for a period of at
2 least 5 years from the date of the monitoring
3 sample, measurement, report, or application.
4 Support information includes all calibration and
5 maintenance records, original strip-chart recordings
6 for continuous monitoring instrumentation, and
7 copies of all reports required by the permit.
8 f. To meet the requirements of this subsection with
9 respect to reporting, the permit shall incorporate and
10 identify all applicable reporting requirements and
11 require the following:
12 i. Submittal of reports of any required
13 monitoring every 6 months. More frequent submittals
14 may be requested by the Agency if such submittals
15 are necessary to assure compliance with this Act or
16 regulations promulgated by the Board thereunder.
17 All instances of deviations from permit requirements
18 must be clearly identified in such reports. All
19 required reports must be certified by a responsible
20 official consistent with subsection 5 of this
21 Section.
22 ii. Prompt reporting of deviations from permit
23 requirements, including those attributable to upset
24 conditions as defined in the permit, the probable
25 cause of such deviations, and any corrective actions
26 or preventive measures taken.
27 g. Each CAAPP permit issued under subsection 10 of
28 this Section shall include a condition prohibiting
29 emissions exceeding any allowances that the source
30 lawfully holds under Title IV of the Clean Air Act or the
31 regulations promulgated thereunder, consistent with
32 subsection 17 of this Section and applicable regulations,
33 if any.
34 h. All CAAPP permits shall state that, where
35 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
35 provide such a shield.
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1 iv. Nothing in this paragraph or in a CAAPP
2 permit shall alter or affect the following:
3 A. The provisions of Section 303
4 (emergency powers) of the Clean Air Act,
5 including USEPA's authority under that section.
6 B. The liability of an owner or operator
7 of a source for any violation of applicable
8 requirements prior to or at the time of permit
9 issuance.
10 C. The applicable requirements of the
11 acid rain program consistent with Section
12 408(a) of the Clean Air Act.
13 D. The ability of USEPA to obtain
14 information from a source pursuant to Section
15 114 (inspections, monitoring, and entry) of the
16 Clean Air Act.
17 k. Each CAAPP permit shall include an emergency
18 provision providing an affirmative defense of emergency
19 to an action brought for noncompliance with
20 technology-based emission limitations under a CAAPP
21 permit if the following conditions are met through
22 properly signed, contemporaneous operating logs, or other
23 relevant evidence:
24 i. An emergency occurred and the permittee can
25 identify the cause(s) of the emergency.
26 ii. The permitted facility was at the time
27 being properly operated.
28 iii. The permittee submitted notice of the
29 emergency to the Agency within 2 working days of the
30 time when emission limitations were exceeded due to
31 the emergency. This notice must contain a detailed
32 description of the emergency, any steps taken to
33 mitigate emissions, and corrective actions taken.
34 iv. During the period of the emergency the
35 permittee took all reasonable steps to minimize
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1 levels of emissions that exceeded the emission
2 limitations, standards, or requirements in the
3 permit.
4 For purposes of this subsection, "emergency" means
5 any situation arising from sudden and reasonably
6 unforeseeable events beyond the control of the source,
7 such as an act of God, that requires immediate corrective
8 action to restore normal operation, and that causes the
9 source to exceed a technology-based emission limitation
10 under the permit, due to unavoidable increases in
11 emissions attributable to the emergency. An emergency
12 shall not include noncompliance to the extent caused by
13 improperly designed equipment, lack of preventative
14 maintenance, careless or improper operation, or operation
15 error.
16 In any enforcement proceeding, the permittee
17 seeking to establish the occurrence of an emergency has
18 the burden of proof. This provision is in addition to
19 any emergency or upset provision contained in any
20 applicable requirement. This provision does not relieve
21 a permittee of any reporting obligations under existing
22 federal or state laws or regulations.
23 l. The Agency shall include in each permit issued
24 under subsection 10 of this Section:
25 i. Terms and conditions for reasonably
26 anticipated operating scenarios identified by the
27 source in its application. The permit terms and
28 conditions for each such operating scenario shall
29 meet all applicable requirements and the
30 requirements of this Section.
31 A. Under this subparagraph, the source
32 must record in a log at the permitted facility
33 a record of the scenario under which it is
34 operating contemporaneously with making a
35 change from one operating scenario to another.
-58- SRS90SB0545JJawccr1
1 B. The permit shield described in
2 paragraph 7(j) of this Section shall extend to
3 all terms and conditions under each such
4 operating scenario.
5 ii. Where requested by an applicant, all terms
6 and conditions allowing for trading of emissions
7 increases and decreases between different emission
8 units at the CAAPP source, to the extent that the
9 applicable requirements provide for trading of such
10 emissions increases and decreases without a
11 case-by-case approval of each emissions trade. Such
12 terms and conditions:
13 A. Shall include all terms required under
14 this subsection to determine compliance;
15 B. Must meet all applicable requirements;
16 C. Shall extend the permit shield
17 described in paragraph 7(j) of this Section to
18 all terms and conditions that allow such
19 increases and decreases in emissions.
20 m. The Agency shall specifically designate as not
21 being federally enforceable under the Clean Air Act any
22 terms and conditions included in the permit that are not
23 specifically required under the Clean Air Act or federal
24 regulations promulgated thereunder. Terms or conditions
25 so designated shall be subject to all applicable state
26 requirements, except the requirements of subsection 7
27 (other than this paragraph, paragraph q of subsection 7,
28 subsections 8 through 11, and subsections 13 through 16
29 of this Section. The Agency shall, however, include such
30 terms and conditions in the CAAPP permit issued to the
31 source.
32 n. Each CAAPP permit issued under subsection 10 of
33 this Section shall specify and reference the origin of
34 and authority for each term or condition, and identify
35 any difference in form as compared to the applicable
-59- SRS90SB0545JJawccr1
1 requirement upon which the term or condition is based.
2 o. Each CAAPP permit issued under subsection 10 of
3 this Section shall include provisions stating the
4 following:
5 i. Duty to comply. The permittee must comply
6 with all terms and conditions of the CAAPP permit.
7 Any permit noncompliance constitutes a violation of
8 the Clean Air Act and the Act, and is grounds for
9 any or all of the following: enforcement action;
10 permit termination, revocation and reissuance, or
11 modification; or denial of a permit renewal
12 application.
13 ii. Need to halt or reduce activity not a
14 defense. It shall not be a defense for a permittee
15 in an enforcement action that it would have been
16 necessary to halt or reduce the permitted activity
17 in order to maintain compliance with the conditions
18 of this permit.
19 iii. Permit actions. The permit may be
20 modified, revoked, reopened, and reissued, or
21 terminated for cause in accordance with the
22 applicable subsections of Section 39.5 of this Act.
23 The filing of a request by the permittee for a
24 permit modification, revocation and reissuance, or
25 termination, or of a notification of planned changes
26 or anticipated noncompliance does not stay any
27 permit condition.
28 iv. Property rights. The permit does not
29 convey any property rights of any sort, or any
30 exclusive privilege.
31 v. Duty to provide information. The permittee
32 shall furnish to the Agency within a reasonable time
33 specified by the Agency any information that the
34 Agency may request in writing to determine whether
35 cause exists for modifying, revoking and reissuing,
-60- SRS90SB0545JJawccr1
1 or terminating the permit or to determine compliance
2 with the permit. Upon request, the permittee shall
3 also furnish to the Agency copies of records
4 required to be kept by the permit or, for
5 information claimed to be confidential, the
6 permittee may furnish such records directly to USEPA
7 along with a claim of confidentiality.
8 vi. Duty to pay fees. The permittee must pay
9 fees to the Agency consistent with the fee schedule
10 approved pursuant to subsection 18 of this Section,
11 and submit any information relevant thereto.
12 vii. Emissions trading. No permit revision
13 shall be required for increases in emissions allowed
14 under any approved economic incentives, marketable
15 permits, emissions trading, and other similar
16 programs or processes for changes that are provided
17 for in the permit and that are authorized by the
18 applicable requirement.
19 p. Each CAAPP permit issued under subsection 10 of
20 this Section shall contain the following elements with
21 respect to compliance:
22 i. Compliance certification, testing,
23 monitoring, reporting, and record keeping
24 requirements sufficient to assure compliance with
25 the terms and conditions of the permit. Any
26 document (including reports) required by a CAAPP
27 permit shall contain a certification by a
28 responsible official that meets the requirements of
29 subsection 5 of this Section and applicable
30 regulations.
31 ii. Inspection and entry requirements that
32 necessitate that, upon presentation of credentials
33 and other documents as may be required by law and in
34 accordance with constitutional limitations, the
35 permittee shall allow the Agency, or an authorized
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1 representative to perform the following:
2 A. Enter upon the permittee's premises
3 where a CAAPP source is located or
4 emissions-related activity is conducted, or
5 where records must be kept under the conditions
6 of the permit.
7 B. Have access to and copy, at reasonable
8 times, any records that must be kept under the
9 conditions of the permit.
10 C. Inspect at reasonable times any
11 facilities, equipment (including monitoring and
12 air pollution control equipment), practices, or
13 operations regulated or required under the
14 permit.
15 D. Sample or monitor any substances or
16 parameters at any location:
17 1. As authorized by the Clean Air
18 Act, at reasonable times, for the purposes
19 of assuring compliance with the CAAPP
20 permit or applicable requirements; or
21 2. As otherwise authorized by this
22 Act.
23 iii. A schedule of compliance consistent with
24 subsection 5 of this Section and applicable
25 regulations.
26 iv. Progress reports consistent with an
27 applicable schedule of compliance pursuant to
28 paragraph 5(d) of this Section and applicable
29 regulations to be submitted semiannually, or more
30 frequently if the Agency determines that such more
31 frequent submittals are necessary for compliance
32 with the Act or regulations promulgated by the Board
33 thereunder. Such progress reports shall contain the
34 following:
35 A. Required dates for achieving the
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1 activities, milestones, or compliance required
2 by the schedule of compliance and dates when
3 such activities, milestones or compliance were
4 achieved.
5 B. An explanation of why any dates in the
6 schedule of compliance were not or will not be
7 met, and any preventive or corrective measures
8 adopted.
9 v. Requirements for compliance certification
10 with terms and conditions contained in the permit,
11 including emission limitations, standards, or work
12 practices. Permits shall include each of the
13 following:
14 A. The frequency (annually or more
15 frequently as specified in any applicable
16 requirement or by the Agency pursuant to
17 written procedures) of submissions of
18 compliance certifications.
19 B. A means for assessing or monitoring
20 the compliance of the source with its emissions
21 limitations, standards, and work practices.
22 C. A requirement that the compliance
23 certification include the following:
24 1. The identification of each term
25 or condition contained in the permit that
26 is the basis of the certification.
27 2. The compliance status.
28 3. Whether compliance was continuous
29 or intermittent.
30 4. The method(s) used for
31 determining the compliance status of the
32 source, both currently and over the
33 reporting period consistent with
34 subsection 7 of Section 39.5 of the Act.
35 D. A requirement that all compliance
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1 certifications be submitted to USEPA as well as
2 to the Agency.
3 E. Additional requirements as may be
4 specified pursuant to Sections 114(a)(3) and
5 504(b) of the Clean Air Act.
6 F. Other provisions as the Agency may
7 require.
8 q. If the owner or operator of CAAPP source can
9 demonstrate in its CAAPP application, including an
10 application for a significant modification, that an
11 alternative emission limit would be equivalent to that
12 contained in the applicable Board regulations, the Agency
13 shall include the alternative emission limit in the CAAPP
14 permit, which shall supersede the emission limit set
15 forth in the applicable Board regulations, and shall
16 include conditions that insure that the resulting
17 emission limit is quantifiable, accountable, enforceable,
18 and based on replicable procedures.
19 8. Public Notice; Affected State Review.
20 a. The Agency shall provide notice to the public,
21 including an opportunity for public comment and a
22 hearing, on each draft CAAPP permit for issuance, renewal
23 or significant modification, subject to Sections 7(a) and
24 7.1 of this Act.
25 b. The Agency shall prepare a draft CAAPP permit
26 and a statement that sets forth the legal and factual
27 basis for the draft CAAPP permit conditions, including
28 references to the applicable statutory or regulatory
29 provisions. The Agency shall provide this statement to
30 any person who requests it.
31 c. The Agency shall give notice of each draft CAAPP
32 permit to the applicant and to any affected State on or
33 before the time that the Agency has provided notice to
34 the public, except as otherwise provided in this Act.
35 d. The Agency, as part of its submittal of a
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1 proposed permit to USEPA (or as soon as possible after
2 the submittal for minor permit modification procedures
3 allowed under subsection 14 of this Section), shall
4 notify USEPA and any affected State in writing of any
5 refusal of the Agency to accept all of the
6 recommendations for the proposed permit that an affected
7 State submitted during the public or affected State
8 review period. The notice shall include the Agency's
9 reasons for not accepting the recommendations. The
10 Agency is not required to accept recommendations that are
11 not based on applicable requirements or the requirements
12 of this Section.
13 e. The Agency shall make available to the public
14 any CAAPP permit application, compliance plan (including
15 the schedule of compliance), CAAPP permit, and emissions
16 or compliance monitoring report. If an owner or operator
17 of a CAAPP source is required to submit information
18 entitled to protection from disclosure under Section 7(a)
19 or Section 7.1 of this Act, the owner or operator shall
20 submit such information separately. The requirements of
21 Section 7(a) or Section 7.1 of this Act shall apply to
22 such information, which shall not be included in a CAAPP
23 permit unless required by law. The contents of a CAAPP
24 permit shall not be entitled to protection under Section
25 7(a) or Section 7.1 of this Act.
26 f. The Agency shall have the authority to adopt
27 procedural rules, in accordance with the Illinois
28 Administrative Procedure Act, as the Agency deems
29 necessary, to implement this subsection.
30 9. USEPA Notice and Objection.
31 a. The Agency shall provide to USEPA for its review
32 a copy of each CAAPP application (including any
33 application for permit modification), statement of basis
34 as provided in paragraph 8(b) of this Section, proposed
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1 CAAPP permit, CAAPP permit, and, if the Agency does not
2 incorporate any affected State's recommendations on a
3 proposed CAAPP permit, a written statement of this
4 decision and its reasons for not accepting the
5 recommendations, except as otherwise provided in this Act
6 or by agreement with USEPA. To the extent practicable,
7 the preceding information shall be provided in computer
8 readable format compatible with USEPA's national database
9 management system.
10 b. The Agency shall not issue the proposed CAAPP
11 permit if USEPA objects in writing within 45 days of
12 receipt of the proposed CAAPP permit and all necessary
13 supporting information.
14 c. If USEPA objects in writing to the issuance of
15 the proposed CAAPP permit within the 45-day period, the
16 Agency shall respond in writing and may revise and
17 resubmit the proposed CAAPP permit in response to the
18 stated objection, to the extent supported by the record,
19 within 90 days after the date of the objection. Prior to
20 submitting a revised permit to USEPA, the Agency shall
21 provide the applicant and any person who participated in
22 the public comment process, pursuant to subsection 8 of
23 this Section, with a 10-day period to comment on any
24 revision which the Agency is proposing to make to the
25 permit in response to USEPA's objection in accordance
26 with Agency procedures.
27 d. Any USEPA objection under this subsection,
28 according to the Clean Air Act, will include a statement
29 of reasons for the objection and a description of the
30 terms and conditions that must be in the permit, in order
31 to adequately respond to the objections. Grounds for a
32 USEPA objection include the failure of the Agency to:
33 (1) submit the items and notices required under this
34 subsection; (2) submit any other information necessary to
35 adequately review the proposed CAAPP permit; or (3)
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1 process the permit under subsection 8 of this Section
2 except for minor permit modifications.
3 e. If USEPA does not object in writing to issuance
4 of a permit under this subsection, any person may
5 petition USEPA within 60 days after expiration of the
6 45-day review period to make such objection.
7 f. If the permit has not yet been issued and USEPA
8 objects to the permit as a result of a petition, the
9 Agency shall not issue the permit until USEPA's objection
10 has been resolved. The Agency shall provide a 10-day
11 comment period in accordance with paragraph c of this
12 subsection. A petition does not, however, stay the
13 effectiveness of a permit or its requirements if the
14 permit was issued after expiration of the 45-day review
15 period and prior to a USEPA objection.
16 g. If the Agency has issued a permit after
17 expiration of the 45-day review period and prior to
18 receipt of a USEPA objection under this subsection in
19 response to a petition submitted pursuant to paragraph e
20 of this subsection, the Agency may, upon receipt of an
21 objection from USEPA, revise and resubmit the permit to
22 USEPA pursuant to this subsection after providing a
23 10-day comment period in accordance with paragraph c of
24 this subsection. If the Agency fails to submit a revised
25 permit in response to the objection, USEPA shall modify,
26 terminate or revoke the permit. In any case, the source
27 will not be in violation of the requirement to have
28 submitted a timely and complete application.
29 h. The Agency shall have the authority to adopt
30 procedural rules, in accordance with the Illinois
31 Administrative Procedure Act, as the Agency deems
32 necessary, to implement this subsection.
33 10. Final Agency Action.
34 a. The Agency shall issue a CAAPP permit, permit
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1 modification, or permit renewal if all of the following
2 conditions are met:
3 i. The applicant has submitted a complete and
4 certified application for a permit, permit
5 modification, or permit renewal consistent with
6 subsections 5 and 14 of this Section, as applicable,
7 and applicable regulations.
8 ii. The applicant has submitted with its
9 complete application an approvable compliance plan,
10 including a schedule for achieving compliance,
11 consistent with subsection 5 of this Section and
12 applicable regulations.
13 iii. The applicant has timely paid the fees
14 required pursuant to subsection 18 of this Section
15 and applicable regulations.
16 iv. The Agency has received a complete CAAPP
17 application and, if necessary, has requested and
18 received additional information from the applicant
19 consistent with subsection 5 of this Section and
20 applicable regulations.
21 v. The Agency has complied with all applicable
22 provisions regarding public notice and affected
23 State review consistent with subsection 8 of this
24 Section and applicable regulations.
25 vi. The Agency has provided a copy of each
26 CAAPP application, or summary thereof, pursuant to
27 agreement with USEPA and proposed CAAPP permit
28 required under subsection 9 of this Section to
29 USEPA, and USEPA has not objected to the issuance of
30 the permit in accordance with the Clean Air Act and
31 40 CFR Part 70.
32 b. The Agency shall have the authority to deny a
33 CAAPP permit, permit modification, or permit renewal if
34 the applicant has not complied with the requirements of
35 paragraphs (a)(i)-(a)(iv) of this subsection or if USEPA
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1 objects to its issuance.
2 c. i. Prior to denial of a CAAPP permit, permit
3 modification, or permit renewal under this Section,
4 the Agency shall notify the applicant of the
5 possible denial and the reasons for the denial.
6 ii. Within such notice, the Agency shall
7 specify an appropriate date by which the applicant
8 shall adequately respond to the Agency's notice.
9 Such date shall not exceed 15 days from the date the
10 notification is received by the applicant. The
11 Agency may grant a reasonable extension for good
12 cause shown.
13 iii. Failure by the applicant to adequately
14 respond by the date specified in the notification or
15 by any granted extension date shall be grounds for
16 denial of the permit.
17 For purposes of obtaining judicial review under
18 Sections 40.2 and 41 of this Act, the Agency shall
19 provide to USEPA and each applicant, and, upon
20 request, to affected States, any person who
21 participated in the public comment process, and any
22 other person who could obtain judicial review under
23 Sections 40.2 and 41 of this Act, a copy of each
24 CAAPP permit or notification of denial pertaining to
25 that party.
26 d. The Agency shall have the authority to adopt
27 procedural rules, in accordance with the Illinois
28 Administrative Procedure Act, as the Agency deems
29 necessary, to implement this subsection.
30 11. General Permits.
31 a. The Agency may issue a general permit covering
32 numerous similar sources, except for affected sources for
33 acid deposition unless otherwise provided in regulations
34 promulgated under Title IV of the Clean Air Act.
-69- SRS90SB0545JJawccr1
1 b. The Agency shall identify, in any general
2 permit, criteria by which sources may qualify for the
3 general permit.
4 c. CAAPP sources that would qualify for a general
5 permit must apply for coverage under the terms of the
6 general permit or must apply for a CAAPP permit
7 consistent with subsection 5 of this Section and
8 applicable regulations.
9 d. The Agency shall comply with the public comment
10 and hearing provisions of this Section as well as the
11 USEPA and affected State review procedures prior to
12 issuance of a general permit.
13 e. When granting a subsequent request by a
14 qualifying CAAPP source for coverage under the terms of a
15 general permit, the Agency shall not be required to
16 repeat the public notice and comment procedures. The
17 granting of such request shall not be considered a final
18 permit action for purposes of judicial review.
19 f. The Agency may not issue a general permit to
20 cover any discrete emission unit at a CAAPP source if
21 another CAAPP permit covers emission units at the source.
22 g. 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 12. Operational Flexibility.
27 a. An owner or operator of a CAAPP source may make
28 changes at the CAAPP source without requiring a prior
29 permit revision, consistent with subparagraphs (a) (i)
30 through (a) (iii) of this subsection, so long as the
31 changes are not modifications under any provision of
32 Title I of the Clean Air Act and they do not exceed the
33 emissions allowable under the permit (whether expressed
34 therein as a rate of emissions or in terms of total
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1 emissions), provided that the owner or operator of the
2 CAAPP source provides USEPA and the Agency with written
3 notification as required below in advance of the proposed
4 changes, which shall be a minimum of 7 days, unless
5 otherwise provided by the Agency in applicable
6 regulations regarding emergencies. The owner or operator
7 of a CAAPP source and the Agency shall each attach such
8 notice to their copy of the relevant permit.
9 i. An owner or operator of a CAAPP source may
10 make Section 502 (b) (10) changes without a permit
11 revision, if the changes are not modifications under
12 any provision of Title I of the Clean Air Act and
13 the changes do not exceed the emissions allowable
14 under the permit (whether expressed therein as a
15 rate of emissions or in terms of total emissions).
16 A. For each such change, the written
17 notification required above shall include a
18 brief description of the change within the
19 source, the date on which the change will
20 occur, any change in emissions, and any permit
21 term or condition that is no longer applicable
22 as a result of the change.
23 B. The permit shield described in
24 paragraph 7(j) of this Section shall not apply
25 to any change made pursuant to this
26 subparagraph.
27 ii. An owner or operator of a CAAPP source may
28 trade increases and decreases in emissions in the
29 CAAPP source, where the applicable implementation
30 plan provides for such emission trades without
31 requiring a permit revision. This provision is
32 available in those cases where the permit does not
33 already provide for such emissions trading.
34 A. Under this subparagraph (a)(ii), the
35 written notification required above shall
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1 include such information as may be required by
2 the provision in the applicable implementation
3 plan authorizing the emissions trade, including
4 at a minimum, when the proposed changes will
5 occur, a description of each such change, any
6 change in emissions, the permit requirements
7 with which the source will comply using the
8 emissions trading provisions of the applicable
9 implementation plan, and the pollutants emitted
10 subject to the emissions trade. The notice
11 shall also refer to the provisions in the
12 applicable implementation plan with which the
13 source will comply and provide for the
14 emissions trade.
15 B. The permit shield described in
16 paragraph 7(j) of this Section shall not apply
17 to any change made pursuant to this
18 subparagraph (a) (ii). Compliance with the
19 permit requirements that the source will meet
20 using the emissions trade shall be determined
21 according to the requirements of the applicable
22 implementation plan authorizing the emissions
23 trade.
24 iii. If requested within a CAAPP application,
25 the Agency shall issue a CAAPP permit which contains
26 terms and conditions, including all terms required
27 under subsection 7 of this Section to determine
28 compliance, allowing for the trading of emissions
29 increases and decreases at the CAAPP source solely
30 for the purpose of complying with a
31 federally-enforceable emissions cap that is
32 established in the permit independent of otherwise
33 applicable requirements. The owner or operator of a
34 CAAPP source shall include in its CAAPP application
35 proposed replicable procedures and permit terms that
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1 ensure the emissions trades are quantifiable and
2 enforceable. The permit shall also require
3 compliance with all applicable requirements.
4 A. Under this subparagraph (a)(iii), the
5 written notification required above shall state
6 when the change will occur and shall describe
7 the changes in emissions that will result and
8 how these increases and decreases in emissions
9 will comply with the terms and conditions of
10 the permit.
11 B. The permit shield described in
12 paragraph 7(j) of this Section shall extend to
13 terms and conditions that allow such increases
14 and decreases in emissions.
15 b. An owner or operator of a CAAPP source may make
16 changes that are not addressed or prohibited by the
17 permit, other than those which are subject to any
18 requirements under Title IV of the Clean Air Act or are
19 modifications under any provisions of Title I of the
20 Clean Air Act, without a permit revision, in accordance
21 with the following requirements:
22 (i) Each such change shall meet all applicable
23 requirements and shall not violate any existing
24 permit term or condition;
25 (ii) Sources must provide contemporaneous
26 written notice to the Agency and USEPA of each such
27 change, except for changes that qualify as
28 insignificant under provisions adopted by the Agency
29 or the Board. Such written notice shall describe
30 each such change, including the date, any change in
31 emissions, pollutants emitted, and any applicable
32 requirement that would apply as a result of the
33 change;
34 (iii) The change shall not qualify for the
35 shield described in paragraph 7(j) of this Section;
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1 and
2 (iv) The permittee shall keep a record
3 describing changes made at the source that result in
4 emissions of a regulated air pollutant subject to an
5 applicable Clean Air Act requirement, but not
6 otherwise regulated under the permit, and the
7 emissions resulting from those changes.
8 c. The Agency shall have the authority to adopt
9 procedural rules, in accordance with the Illinois
10 Administrative Procedure Act, as the Agency deems
11 necessary to implement this subsection.
12 13. Administrative Permit Amendments.
13 a. The Agency shall take final action on a request
14 for an administrative permit amendment within 60 days of
15 receipt of the request. Neither notice nor an
16 opportunity for public and affected State comment shall
17 be required for the Agency to incorporate such revisions,
18 provided it designates the permit revisions as having
19 been made pursuant to this subsection.
20 b. The Agency shall submit a copy of the revised
21 permit to USEPA.
22 c. For purposes of this Section the term
23 "administrative permit amendment" shall be defined as: a
24 permit revision that can accomplish one or more of the
25 changes described below:
26 i. Corrects typographical errors;
27 ii. Identifies a change in the name, address,
28 or phone number of any person identified in the
29 permit, or provides a similar minor administrative
30 change at the source;
31 iii. Requires more frequent monitoring or
32 reporting by the permittee;
33 iv. Allows for a change in ownership or
34 operational control of a source where the Agency
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1 determines that no other change in the permit is
2 necessary, provided that a written agreement
3 containing a specific date for transfer of permit
4 responsibility, coverage, and liability between the
5 current and new permittees has been submitted to the
6 Agency;
7 v. Incorporates into the CAAPP permit the
8 requirements from preconstruction review permits
9 authorized under a USEPA-approved program, provided
10 the program meets procedural and compliance
11 requirements substantially equivalent to those
12 contained in this Section;
13 vi. Incorporates into the CAAPP permit revised
14 limitations or other requirements resulting from the
15 application of an approved economic incentives rule,
16 a marketable permits rule or generic emissions
17 trading rule, where these rules have been approved
18 by USEPA and require changes thereunder to meet
19 procedural requirements substantially equivalent to
20 those specified in this Section; or
21 vii. Any other type of change which USEPA has
22 determined as part of the approved CAAPP permit
23 program to be similar to those included in this
24 subsection.
25 d. The Agency shall, upon taking final action
26 granting a request for an administrative permit
27 amendment, allow coverage by the permit shield in
28 paragraph 7(j) of this Section for administrative permit
29 amendments made pursuant to subparagraph (c)(v) of this
30 subsection which meet the relevant requirements for
31 significant permit modifications.
32 e. Permit revisions and modifications, including
33 administrative amendments and automatic amendments
34 (pursuant to Sections 408(b) and 403(d) of the Clean Air
35 Act or regulations promulgated thereunder), for purposes
-75- SRS90SB0545JJawccr1
1 of the acid rain portion of the permit shall be governed
2 by the regulations promulgated under Title IV of the
3 Clean Air Act. Owners or operators of affected sources
4 for acid deposition shall have the flexibility to amend
5 their compliance plans as provided in the regulations
6 promulgated under Title IV of the Clean Air Act.
7 f. The CAAPP source may implement the changes
8 addressed in the request for an administrative permit
9 amendment immediately upon submittal of the request.
10 g. The Agency shall have the authority to adopt
11 procedural rules, in accordance with the Illinois
12 Administrative Procedure Act, as the Agency deems
13 necessary, to implement this subsection.
14 14. Permit Modifications.
15 a. Minor permit modification procedures.
16 i. The Agency shall review a permit
17 modification using the "minor permit" modification
18 procedures only for those permit modifications that:
19 A. Do not violate any applicable
20 requirement;
21 B. Do not involve significant changes to
22 existing monitoring, reporting, or
23 recordkeeping requirements in the permit;
24 C. Do not require a case-by-case
25 determination of an emission limitation or
26 other standard, or a source-specific
27 determination of ambient impacts, or a
28 visibility or increment analysis;
29 D. Do not seek to establish or change a
30 permit term or condition for which there is no
31 corresponding underlying requirement and which
32 avoids an applicable requirement to which the
33 source would otherwise be subject. Such terms
34 and conditions include:
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1 1. A federally enforceable emissions
2 cap assumed to avoid classification as a
3 modification under any provision of Title
4 I of the Clean Air Act; and
5 2. An alternative emissions limit
6 approved pursuant to regulations
7 promulgated under Section 112(i)(5) of the
8 Clean Air Act;
9 E. Are not modifications under any
10 provision of Title I of the Clean Air Act; and
11 F. Are not required to be processed as a
12 significant modification.
13 ii. Notwithstanding subparagraphs (a)(i) and
14 (b)(ii) of this subsection, minor permit
15 modification procedures may be used for permit
16 modifications involving the use of economic
17 incentives, marketable permits, emissions trading,
18 and other similar approaches, to the extent that
19 such minor permit modification procedures are
20 explicitly provided for in an applicable
21 implementation plan or in applicable requirements
22 promulgated by USEPA.
23 iii. An applicant requesting the use of minor
24 permit modification procedures shall meet the
25 requirements of subsection 5 of this Section and
26 shall include the following in its application:
27 A. A description of the change, the
28 emissions resulting from the change, and any
29 new applicable requirements that will apply if
30 the change occurs;
31 B. The source's suggested draft permit;
32 C. Certification by a responsible
33 official, consistent with paragraph 5(e) of
34 this Section and applicable regulations, that
35 the proposed modification meets the criteria
-77- SRS90SB0545JJawccr1
1 for use of minor permit modification procedures
2 and a request that such procedures be used; and
3 D. Completed forms for the Agency to use
4 to notify USEPA and affected States as required
5 under subsections 8 and 9 of this Section.
6 iv. Within 5 working days of receipt of a
7 complete permit modification application, the Agency
8 shall notify USEPA and affected States of the
9 requested permit modification in accordance with
10 subsections 8 and 9 of this Section. The Agency
11 promptly shall send any notice required under
12 paragraph 8(d) of this Section to USEPA.
13 v. The Agency may not issue a final permit
14 modification until after the 45-day review period
15 for USEPA or until USEPA has notified the Agency
16 that USEPA will not object to the issuance of the
17 permit modification, whichever comes first, although
18 the Agency can approve the permit modification prior
19 to that time. Within 90 days of the Agency's
20 receipt of an application under the minor permit
21 modification procedures or 15 days after the end of
22 USEPA's 45-day review period under subsection 9 of
23 this Section, whichever is later, the Agency shall:
24 A. Issue the permit modification as
25 proposed;
26 B. Deny the permit modification
27 application;
28 C. Determine that the requested
29 modification does not meet the minor permit
30 modification criteria and should be reviewed
31 under the significant modification procedures;
32 or
33 D. Revise the draft permit modification
34 and transmit to USEPA the new proposed permit
35 modification as required by subsection 9 of
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1 this Section.
2 vi. Any CAAPP source may make the change
3 proposed in its minor permit modification
4 application immediately after it files such
5 application. After the CAAPP source makes the
6 change allowed by the preceding sentence, and until
7 the Agency takes any of the actions specified in
8 subparagraphs (a)(v)(A) through (a)(v)(C) of this
9 subsection, the source must comply with both the
10 applicable requirements governing the change and the
11 proposed permit terms and conditions. During this
12 time period, the source need not comply with the
13 existing permit terms and conditions it seeks to
14 modify. If the source fails to comply with its
15 proposed permit terms and conditions during this
16 time period, the existing permit terms and
17 conditions which it seeks to modify may be enforced
18 against it.
19 vii. The permit shield under subparagraph 7(j)
20 of this Section may not extend to minor permit
21 modifications.
22 viii. If a construction permit is required,
23 pursuant to Section 39(a) of this Act and
24 regulations thereunder, for a change for which the
25 minor permit modification procedures are applicable,
26 the source may request that the processing of the
27 construction permit application be consolidated with
28 the processing of the application for the minor
29 permit modification. In such cases, the provisions
30 of this Section, including those within subsections
31 5, 8, and 9, shall apply and the Agency shall act on
32 such applications pursuant to subparagraph 14(a)(v).
33 The source may make the proposed change immediately
34 after filing its application for the minor permit
35 modification. Nothing in this subparagraph shall
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1 otherwise affect the requirements and procedures
2 applicable to construction permits.
3 b. Group Processing of Minor Permit Modifications.
4 i. Where requested by an applicant within its
5 application, the Agency shall process groups of a
6 source's applications for certain modifications
7 eligible for minor permit modification processing
8 in accordance with the provisions of this paragraph
9 (b).
10 ii. Permit modifications may be processed in
11 accordance with the procedures for group processing,
12 for those modifications:
13 A. Which meet the criteria for minor
14 permit modification procedures under
15 subparagraph 14(a)(i) of this Section; and
16 B. That collectively are below 10 percent
17 of the emissions allowed by the permit for the
18 emissions unit for which change is requested,
19 20 percent of the applicable definition of
20 major source set forth in subsection 2 of this
21 Section, or 5 tons per year, whichever is
22 least.
23 iii. An applicant requesting the use of group
24 processing procedures shall meet the requirements of
25 subsection 5 of this Section and shall include the
26 following in its application:
27 A. A description of the change, the
28 emissions resulting from the change, and any
29 new applicable requirements that will apply if
30 the change occurs.
31 B. The source's suggested draft permit.
32 C. Certification by a responsible
33 official consistent with paragraph 5(e) of this
34 Section, that the proposed modification meets
35 the criteria for use of group processing
-80- SRS90SB0545JJawccr1
1 procedures and a request that such procedures
2 be used.
3 D. A list of the source's other pending
4 applications awaiting group processing, and a
5 determination of whether the requested
6 modification, aggregated with these other
7 applications, equals or exceeds the threshold
8 set under subparagraph (b)(ii)(B) of this
9 subsection.
10 E. Certification, consistent with
11 paragraph 5(e), that the source has notified
12 USEPA of the proposed modification. Such
13 notification need only contain a brief
14 description of the requested modification.
15 F. Completed forms for the Agency to use
16 to notify USEPA and affected states as required
17 under subsections 8 and 9 of this Section.
18 iv. On a quarterly basis or within 5 business
19 days of receipt of an application demonstrating that
20 the aggregate of a source's pending applications
21 equals or exceeds the threshold level set forth
22 within subparagraph (b)(ii)(B) of this subsection,
23 whichever is earlier, the Agency shall promptly
24 notify USEPA and affected States of the requested
25 permit modifications in accordance with subsections
26 8 and 9 of this Section. The Agency shall send any
27 notice required under paragraph 8(d) of this Section
28 to USEPA.
29 v. The provisions of subparagraph (a)(v) of
30 this subsection shall apply to modifications
31 eligible for group processing, except that the
32 Agency shall take one of the actions specified in
33 subparagraphs (a)(v)(A) through (a)(v)(D) of this
34 subsection within 180 days of receipt of the
35 application or 15 days after the end of USEPA's
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1 45-day review period under subsection 9 of this
2 Section, whichever is later.
3 vi. The provisions of subparagraph (a)(vi) of
4 this subsection shall apply to modifications for
5 group processing.
6 vii. The provisions of paragraph 7(j) of this
7 Section shall not apply to modifications eligible
8 for group processing.
9 c. Significant Permit Modifications.
10 i. Significant modification procedures shall
11 be used for applications requesting significant
12 permit modifications and for those applications that
13 do not qualify as either minor permit modifications
14 or as administrative permit amendments.
15 ii. Every significant change in existing
16 monitoring permit terms or conditions and every
17 relaxation of reporting or recordkeeping
18 requirements shall be considered significant. A
19 modification shall also be considered significant if
20 in the judgment of the Agency action on an
21 application for modification would require decisions
22 to be made on technically complex issues. Nothing
23 herein shall be construed to preclude the permittee
24 from making changes consistent with this Section
25 that would render existing permit compliance terms
26 and conditions irrelevant.
27 iii. Significant permit modifications must
28 meet all the requirements of this Section, including
29 those for applications (including completeness
30 review), public participation, review by affected
31 States, and review by USEPA applicable to initial
32 permit issuance and permit renewal. The Agency
33 shall take final action on significant permit
34 modifications within 9 months after receipt of a
35 complete application.
-82- SRS90SB0545JJawccr1
1 d. 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 15. Reopenings for Cause by the Agency.
6 a. Each issued CAAPP permit shall include
7 provisions specifying the conditions under which the
8 permit will be reopened prior to the expiration of the
9 permit. Such revisions shall be made as expeditiously as
10 practicable. A CAAPP permit shall be reopened and
11 revised under any of the following circumstances, in
12 accordance with procedures adopted by the Agency:
13 i. Additional requirements under the Clean Air
14 Act become applicable to a major CAAPP source for
15 which 3 or more years remain on the original term of
16 the permit. Such a reopening shall be completed not
17 later than 18 months after the promulgation of the
18 applicable requirement. No such revision is
19 required if the effective date of the requirement is
20 later than the date on which the permit is due to
21 expire.
22 ii. Additional requirements (including excess
23 emissions requirements) become applicable to an
24 affected source for acid deposition under the acid
25 rain program. Excess emissions offset plans shall
26 be deemed to be incorporated into the permit upon
27 approval by USEPA.
28 iii. The Agency or USEPA determines that the
29 permit contains a material mistake or that
30 inaccurate statements were made in establishing the
31 emissions standards, limitations, or other terms or
32 conditions of the permit.
33 iv. The Agency or USEPA determines that the
34 permit must be revised or revoked to assure
-83- SRS90SB0545JJawccr1
1 compliance with the applicable requirements.
2 b. In the event that the Agency determines that
3 there are grounds for revoking a CAAPP permit, for cause,
4 consistent with paragraph a of this subsection, it shall
5 file a petition before the Board setting forth the basis
6 for such revocation. In any such proceeding, the Agency
7 shall have the burden of establishing that the permit
8 should be revoked under the standards set forth in this
9 Act and the Clean Air Act. Any such proceeding shall be
10 conducted pursuant to the Board's procedures for
11 adjudicatory hearings and the Board shall render its
12 decision within 120 days of the filing of the petition.
13 The Agency shall take final action to revoke and reissue
14 a CAAPP permit consistent with the Board's order.
15 c. Proceedings regarding a reopened CAAPP permit
16 shall follow the same procedures as apply to initial
17 permit issuance and shall affect only those parts of the
18 permit for which cause to reopen exists.
19 d. Reopenings under paragraph (a) of this
20 subsection shall not be initiated before a notice of such
21 intent is provided to the CAAPP source by the Agency at
22 least 30 days in advance of the date that the permit is
23 to be reopened, except that the Agency may provide a
24 shorter time period in the case of an emergency.
25 e. The Agency shall have the authority to adopt
26 procedural rules, in accordance with the Illinois
27 Administrative Procedure Act, as the Agency deems
28 necessary, to implement this subsection.
29 16. Reopenings for Cause by USEPA.
30 a. When USEPA finds that cause exists to terminate,
31 modify, or revoke and reissue a CAAPP permit pursuant to
32 subsection 15 of this Section, and thereafter notifies
33 the Agency and the permittee of such finding in writing,
34 the Agency shall forward to USEPA and the permittee a
-84- SRS90SB0545JJawccr1
1 proposed determination of termination, modification, or
2 revocation and reissuance as appropriate, in accordance
3 with paragraph b of this subsection. The Agency's
4 proposed determination shall be in accordance with the
5 record, the Clean Air Act, regulations promulgated
6 thereunder, this Act and regulations promulgated
7 thereunder. Such proposed determination shall not affect
8 the permit or constitute a final permit action for
9 purposes of this Act or the Administrative Review Law.
10 The Agency shall forward to USEPA such proposed
11 determination within 90 days after receipt of the
12 notification from USEPA. If additional time is necessary
13 to submit the proposed determination, the Agency shall
14 request a 90-day extension from USEPA and shall submit
15 the proposed determination within 180 days of receipt of
16 notification from USEPA.
17 b. i. Prior to the Agency's submittal to USEPA
18 of a proposed determination to terminate or revoke
19 and reissue the permit, the Agency shall file a
20 petition before the Board setting forth USEPA's
21 objection, the permit record, the Agency's proposed
22 determination, and the justification for its
23 proposed determination. The Board shall conduct a
24 hearing pursuant to the rules prescribed by Section
25 32 of this Act, and the burden of proof shall be on
26 the Agency.
27 ii. After due consideration of the written and
28 oral statements, the testimony and arguments that
29 shall be submitted at hearing, the Board shall issue
30 and enter an interim order for the proposed
31 determination, which shall set forth all changes, if
32 any, required in the Agency's proposed
33 determination. The interim order shall comply with
34 the requirements for final orders as set forth in
35 Section 33 of this Act. Issuance of an interim order
-85- SRS90SB0545JJawccr1
1 by the Board under this paragraph, however, shall
2 not affect the permit status and does not constitute
3 a final action for purposes of this Act or the
4 Administrative Review Law.
5 iii. The Board shall cause a copy of its
6 interim order to be served upon all parties to the
7 proceeding as well as upon USEPA. The Agency shall
8 submit the proposed determination to USEPA in
9 accordance with the Board's Interim Order within 180
10 days after receipt of the notification from USEPA.
11 c. USEPA shall review the proposed determination to
12 terminate, modify, or revoke and reissue the permit
13 within 90 days of receipt.
14 i. When USEPA reviews the proposed
15 determination to terminate or revoke and reissue and
16 does not object, the Board shall, within 7 days of
17 receipt of USEPA's final approval, enter the interim
18 order as a final order. The final order may be
19 appealed as provided by Title XI of this Act. The
20 Agency shall take final action in accordance with
21 the Board's final order.
22 ii. When USEPA reviews such proposed
23 determination to terminate or revoke and reissue and
24 objects, the Agency shall submit USEPA's objection
25 and the Agency's comments and recommendation on the
26 objection to the Board and permittee. The Board
27 shall review its interim order in response to
28 USEPA's objection and the Agency's comments and
29 recommendation and issue a final order in accordance
30 with Sections 32 and 33 of this Act. The Agency
31 shall, within 90 days after receipt of such
32 objection, respond to USEPA's objection in
33 accordance with the Board's final order.
34 iii. When USEPA reviews such proposed
35 determination to modify and objects, the Agency
-86- SRS90SB0545JJawccr1
1 shall, within 90 days after receipt of the
2 objection, resolve the objection and modify the
3 permit in accordance with USEPA's objection, based
4 upon the record, the Clean Air Act, regulations
5 promulgated thereunder, this Act, and regulations
6 promulgated thereunder.
7 d. If the Agency fails to submit the proposed
8 determination pursuant to paragraph a of this subsection
9 or fails to resolve any USEPA objection pursuant to
10 paragraph c of this subsection, USEPA will terminate,
11 modify, or revoke and reissue the permit.
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 17. Title IV; Acid Rain Provisions.
17 a. The Agency shall act on initial CAAPP
18 applications for affected sources for acid deposition in
19 accordance with this Section and Title V of the Clean Air
20 Act and regulations promulgated thereunder, except as
21 modified by Title IV of the Clean Air Act and regulations
22 promulgated thereunder. The Agency shall issue initial
23 CAAPP permits to the affected sources for acid deposition
24 which shall become effective no earlier than January 1,
25 1995, and which shall terminate on December 31, 1999, in
26 accordance with this Section. Subsequent CAAPP permits
27 issued to affected sources for acid deposition shall be
28 issued for a fixed term of 5 years. Title IV of the Clean
29 Air Act and regulations promulgated thereunder, including
30 but not limited to 40 C.F.R. Part 72, as now or hereafter
31 amended, are applicable to and enforceable under this
32 Act.
33 b. A designated representative of an affected
34 source for acid deposition shall submit a timely and
-87- SRS90SB0545JJawccr1
1 complete Phase II acid rain permit application and
2 compliance plan to the Agency, not later than January 1,
3 1996, that meets the requirements of Titles IV and V of
4 the Clean Air Act and regulations. The Agency shall act
5 on the Phase II acid rain permit application and
6 compliance plan in accordance with this Section and Title
7 V of the Clean Air Act and regulations promulgated
8 thereunder, except as modified by Title IV of the Clean
9 Air Act and regulations promulgated thereunder. The
10 Agency shall issue the Phase II acid rain permit to an
11 affected source for acid deposition no later than
12 December 31, 1997, which shall become effective on
13 January 1, 2000, in accordance with this Section, except
14 as modified by Title IV and regulations promulgated
15 thereunder; provided that the designated representative
16 of the source submitted a timely and complete Phase II
17 permit application and compliance plan to the Agency that
18 meets the requirements of Title IV and V of the Clean Air
19 Act and regulations.
20 c. Each Phase II acid rain permit issued in
21 accordance with this subsection shall have a fixed term
22 of 5 years. Except as provided in paragraph b above, the
23 Agency shall issue or deny a Phase II acid rain permit
24 within 18 months of receiving a complete Phase II permit
25 application and compliance plan.
26 d. A designated representative of a new unit, as
27 defined in Section 402 of the Clean Air Act, shall submit
28 a timely and complete Phase II acid rain permit
29 application and compliance plan that meets the
30 requirements of Titles IV and V of the Clean Air Act and
31 its regulations. The Agency shall act on the new unit's
32 Phase II acid rain permit application and compliance plan
33 in accordance with this Section and Title V of the Clean
34 Air Act and its regulations, except as modified by Title
35 IV of the Clean Air Act and its regulations. The Agency
-88- SRS90SB0545JJawccr1
1 shall reopen the new unit's CAAPP permit for cause to
2 incorporate the approved Phase II acid rain permit in
3 accordance with this Section. The Phase II acid rain
4 permit for the new unit shall become effective no later
5 than the date required under Title IV of the Clean Air
6 Act and its regulations.
7 e. A designated representative of an affected
8 source for acid deposition shall submit a timely and
9 complete Title IV NOx permit application to the Agency,
10 not later than January 1, 1998, that meets the
11 requirements of Titles IV and V of the Clean Air Act and
12 its regulations. The Agency shall reopen the Phase II
13 acid rain permit for cause and incorporate the approved
14 NOx provisions into the Phase II acid rain permit not
15 later than January 1, 1999, in accordance with this
16 Section, except as modified by Title IV of the Clean Air
17 Act and regulations promulgated thereunder. Such
18 reopening shall not affect the term of the Phase II acid
19 rain permit.
20 f. The designated representative of the affected
21 source for acid deposition shall renew the initial CAAPP
22 permit and Phase II acid rain permit in accordance with
23 this Section and Title V of the Clean Air Act and
24 regulations promulgated thereunder, except as modified by
25 Title IV of the Clean Air Act and regulations promulgated
26 thereunder.
27 g. In the case of an affected source for acid
28 deposition for which a complete Phase II acid rain permit
29 application and compliance plan are timely received under
30 this subsection, the complete permit application and
31 compliance plan, including amendments thereto, shall be
32 binding on the owner, operator and designated
33 representative, all affected units for acid deposition at
34 the affected source, and any other unit, as defined in
35 Section 402 of the Clean Air Act, governed by the Phase
-89- SRS90SB0545JJawccr1
1 II acid rain permit application and shall be enforceable
2 as an acid rain permit for purposes of Titles IV and V of
3 the Clean Air Act, from the date of submission of the
4 acid rain permit application until a Phase II acid rain
5 permit is issued or denied by the Agency.
6 h. The Agency shall not include or implement any
7 measure which would interfere with or modify the
8 requirements of Title IV of the Clean Air Act or
9 regulations promulgated thereunder.
10 i. Nothing in this Section shall be construed as
11 affecting allowances or USEPA's decision regarding an
12 excess emissions offset plan, as set forth in Title IV of
13 the Clean Air Act or regulations promulgated thereunder.
14 i. No permit revision shall be required for
15 increases in emissions that are authorized by
16 allowances acquired pursuant to the acid rain
17 program, provided that such increases do not require
18 a permit revision under any other applicable
19 requirement.
20 ii. No limit shall be placed on the number of
21 allowances held by the source. The source may not,
22 however, use allowances as a defense to
23 noncompliance with any other applicable requirement.
24 iii. Any such allowance shall be accounted for
25 according to the procedures established in
26 regulations promulgated under Title IV of the Clean
27 Air Act.
28 j. To the extent that the federal regulations
29 promulgated under Title IV, including but not limited to
30 40 C.F.R. Part 72, as now or hereafter amended, are
31 inconsistent with the federal regulations promulgated
32 under Title V, the federal regulations promulgated under
33 Title IV shall take precedence.
34 k. The USEPA may intervene as a matter of right in
35 any permit appeal involving a Phase II acid rain permit
-90- SRS90SB0545JJawccr1
1 provision or denial of a Phase II acid rain permit.
2 l. It is unlawful for any owner or operator to
3 violate any terms or conditions of a Phase II acid rain
4 permit issued under this subsection, to operate any
5 affected source for acid deposition except in compliance
6 with a Phase II acid rain permit issued by the Agency
7 under this subsection, or to violate any other applicable
8 requirements.
9 m. The designated representative of an affected
10 source for acid deposition shall submit to the Agency the
11 data and information submitted quarterly to USEPA,
12 pursuant to 40 CFR 75.64, concurrently with the
13 submission to USEPA. The submission shall be in the same
14 electronic format as specified by USEPA.
15 n. The Agency shall act on any petition for
16 exemption of a new unit or retired unit, as those terms
17 are defined in Section 402 of the Clean Air Act, from the
18 requirements of the acid rain program in accordance with
19 Title IV of the Clean Air Act and its regulations.
20 o. The Agency shall have the authority to adopt
21 procedural rules, in accordance with the Illinois
22 Administrative Procedure Act, as the Agency deems
23 necessary to implement this subsection.
24 18. Fee Provisions.
25 a. For each 12 month period after the date on which
26 the USEPA approves or conditionally approves the CAAPP,
27 but in no event prior to January 1, 1994, a source
28 subject to this Section or excluded under subsection 1.1
29 or paragraph 3(c) of this Section, shall pay a fee as
30 provided in this part (a) of this subsection 18.
31 However, a source that has been excluded from the
32 provisions of this Section under subsection 1.1 or
33 paragraph 3(c) of this Section because the source emits
34 less than 25 tons per year of any combination of
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1 regulated air pollutants shall pay fees in accordance
2 with paragraph (1) of subsection (b) of Section 9.6.
3 i. The fee for a source allowed to emit less
4 than 100 tons per year of any combination of
5 regulated air pollutants shall be $1,000 per year.
6 ii. The fee for a source allowed to emit 100
7 tons or more per year of any combination of
8 regulated air pollutants, except for those regulated
9 air pollutants excluded in paragraph 18(f) of this
10 subsection, shall be as follows:
11 A. The Agency shall assess an annual fee
12 of $13.50 per ton for the allowable emissions
13 of all regulated air pollutants at that source
14 during the term of the permit. These fees
15 shall be used by the Agency and the Board to
16 fund the activities required by Title V of the
17 Clean Air Act including such activities as may
18 be carried out by other State or local agencies
19 pursuant to paragraph (d) of this subsection.
20 The amount of such fee shall be based on the
21 information supplied by the applicant in its
22 complete CAAPP permit application or in the
23 CAAPP permit if the permit has been granted and
24 shall be determined by the amount of emissions
25 that the source is allowed to emit annually,
26 provided however, that no source shall be
27 required to pay an annual fee in excess of
28 $100,000. The Agency shall provide as part of
29 the permit application form required under
30 subsection 5 of this Section a separate fee
31 calculation form which will allow the applicant
32 to identify the allowable emissions and
33 calculate the fee for the term of the permit.
34 In no event shall the Agency raise the amount
35 of allowable emissions requested by the
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1 applicant unless such increases are required to
2 demonstrate compliance with terms of a CAAPP
3 permit.
4 Notwithstanding the above, any applicant
5 may seek a change in its permit which would
6 result in increases in allowable emissions due
7 to an increase in the hours of operation or
8 production rates of an emission unit or units
9 and such a change shall be consistent with the
10 construction permit requirements of the
11 existing State permit program, under Section
12 39(a) of this Act and applicable provisions of
13 this Section. Where a construction permit is
14 required, the Agency shall expeditiously grant
15 such construction permit and shall, if
16 necessary, modify the CAAPP permit based on the
17 same application.
18 B. Except for the first year of the
19 CAAPP, the applicant or permittee may pay the
20 fee annually or semiannually for those fees
21 greater than $5,000.
22 b. For fiscal year 1999 and each fiscal year
23 thereafter, to the extent that permit fees collected and
24 deposited in the CAA Permit Fund during that fiscal year
25 exceed 115% of the actual expenditures (excluding permit
26 fee reimbursements) from the CAA Permit Fund for that
27 fiscal year (including lapse period spending), the excess
28 shall be reimbursed to the permittees in proportion to
29 their original fee payments. Such reimbursements shall
30 be made during the next fiscal year and may be made in
31 the form of a credit against that fiscal year's permit
32 fee.
33 c. There shall be created a CAA Fee Panel of 5
34 persons. The Panel shall:
35 i. If it deems necessary on an annual basis,
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1 render advisory opinions to the Agency and the
2 General Assembly regarding the appropriate level of
3 Title V Clean Air Act fees for the next fiscal year.
4 Such advisory opinions shall be based on a study of
5 the operations of the Agency and any other entity
6 requesting appropriations from the CAA Permit Fund.
7 This study shall recommend changes in the fee
8 structure, if warranted. The study will be based on
9 the ability of the Agency or other entity to
10 effectively utilize the funds generated as well as
11 the entity's conformance with the objectives and
12 measurable benchmarks identified by the Agency as
13 justification for the prior year's fee. Such
14 advisory opinions shall be submitted to the
15 appropriation committees no later than April 15th of
16 each year.
17 ii. Not be compensated for their services, but
18 shall receive reimbursement for their expenses.
19 iii. Be appointed as follows: 4 members by
20 the Director of the Agency from a list of no more
21 than 8 persons, submitted by representatives of
22 associations who represent facilities subject to the
23 provisions of this subsection and the Director of
24 the Agency or designee.
25 d. There is hereby created in the State Treasury a
26 special fund to be known as the "CAA Permit Fund". All
27 Funds collected by the Agency pursuant to this subsection
28 shall be deposited into the Fund. The General Assembly
29 shall appropriate monies from this Fund to the Agency and
30 to the Board to carry out their obligations under this
31 Section. The General Assembly may also authorize monies
32 to be granted by the Agency from this Fund to other State
33 and local agencies which perform duties related to the
34 CAAPP. Interest generated on the monies deposited in this
35 Fund shall be returned to the Fund. The General Assembly
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1 may appropriate up to the sum of $25,000 to the Agency
2 from the CAA Permit Fund for use by the Panel in carrying
3 out its responsibilities under this subsection.
4 e. The Agency shall have the authority to adopt
5 procedural rules, in accordance with the Illinois
6 Administrative Procedure Act, as the Agency deems
7 necessary to implement this subsection.
8 f. For purposes of this subsection, the term
9 "regulated air pollutant" shall have the meaning given to
10 it under subsection 1 of this Section but shall exclude
11 the following:
12 i. carbon monoxide;
13 ii. any Class I or II substance which is a
14 regulated air pollutant solely because it is listed
15 pursuant to Section 602 of the Clean Air Act;
16 iii. any pollutant that is a regulated air
17 pollutant solely because it is subject to a standard
18 or regulation under Section 112(r) of the Clean Air
19 Act based on the emissions allowed in the permit
20 effective in that calendar year, at the time the
21 applicable bill is generated; and
22 iv. during the years 1995 through 1999
23 inclusive, any emissions from affected sources for
24 acid deposition under Section 408(c)(4) of the Clean
25 Air Act.
26 19. Air Toxics Provisions.
27 a. In the event that the USEPA fails to promulgate
28 in a timely manner a standard pursuant to Section 112(d)
29 of the Clean Air Act, the Agency shall have the authority
30 to issue permits, pursuant to Section 112(j) of the Clean
31 Air Act and regulations promulgated thereunder, which
32 contain emission limitations which are equivalent to the
33 emission limitations that would apply to a source if an
34 emission standard had been promulgated in a timely manner
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1 by USEPA pursuant to Section 112(d). Provided, however,
2 that the owner or operator of a source shall have the
3 opportunity to submit to the Agency a proposed emission
4 limitation which it determines to be equivalent to the
5 emission limitations that would apply to such source if
6 an emission standard had been promulgated in a timely
7 manner by USEPA. If the Agency refuses to include the
8 emission limitation proposed by the owner or operator in
9 a CAAPP permit, the owner or operator may petition the
10 Board to establish whether the emission limitation
11 proposal submitted by the owner or operator provides for
12 emission limitations which are equivalent to the emission
13 limitations that would apply to the source if the
14 emission standard had been promulgated by USEPA in a
15 timely manner. The Board shall determine whether the
16 emission limitation proposed by the owner or operator or
17 an alternative emission limitation proposed by the Agency
18 provides for the level of control required under Section
19 112 of the Clean Air Act, or shall otherwise establish an
20 appropriate emission limitation, pursuant to Section 112
21 of the Clean Air Act.
22 b. Any Board proceeding brought under paragraph (a)
23 or (e) of this subsection shall be conducted according to
24 the Board's procedures for adjudicatory hearings and the
25 Board shall render its decision within 120 days of the
26 filing of the petition. Any such decision shall be
27 subject to review pursuant to Section 41 of this Act.
28 Where USEPA promulgates an applicable emission standard
29 prior to the issuance of the CAAPP permit, the Agency
30 shall include in the permit the promulgated standard,
31 provided that the source shall have the compliance period
32 provided under Section 112(i) of the Clean Air Act. Where
33 USEPA promulgates an applicable standard subsequent to
34 the issuance of the CAAPP permit, the Agency shall revise
35 such permit upon the next renewal to reflect the
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1 promulgated standard, providing a reasonable time for the
2 applicable source to comply with the standard, but no
3 longer than 8 years after the date on which the source is
4 first required to comply with the emissions limitation
5 established under this subsection.
6 c. The Agency shall have the authority to implement
7 and enforce complete or partial emission standards
8 promulgated by USEPA pursuant to Section 112(d), and
9 standards promulgated by USEPA pursuant to Sections
10 112(f), 112(h), 112(m), and 112(n), and may accept
11 delegation of authority from USEPA to implement and
12 enforce Section 112(l) and requirements for the
13 prevention and detection of accidental releases pursuant
14 to Section 112(r) of the Clean Air Act.
15 d. The Agency shall have the authority to issue
16 permits pursuant to Section 112(i)(5) of the Clean Air
17 Act.
18 e. The Agency has the authority to implement
19 Section 112(g) of the Clean Air Act consistent with the
20 Clean Air Act and federal regulations promulgated
21 thereunder. If the Agency refuses to include the emission
22 limitations proposed in an application submitted by an
23 owner or operator for a case-by-case maximum achievable
24 control technology (MACT) determination, the owner or
25 operator may petition the Board to determine whether the
26 emission limitation proposed by the owner or operator or
27 an alternative emission limitation proposed by the Agency
28 provides for a level of control required by Section 112
29 of the Clean Air Act, or to otherwise establish an
30 appropriate emission limitation under Section 112 of the
31 Clean Air Act.
32 20. Small Business.
33 a. For purposes of this subsection:
34 "Program" is the Small Business Stationary Source
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1 Technical and Environmental Compliance Assistance Program
2 created within this State pursuant to Section 507 of the
3 Clean Air Act and guidance promulgated thereunder, to
4 provide technical assistance and compliance information
5 to small business stationary sources;
6 "Small Business Assistance Program" is a component
7 of the Program responsible for providing sufficient
8 communications with small businesses through the
9 collection and dissemination of information to small
10 business stationary sources; and
11 "Small Business Stationary Source" means a
12 stationary source that:
13 1. is owned or operated by a person that
14 employs 100 or fewer individuals;
15 2. is a small business concern as defined in
16 the "Small Business Act";
17 3. is not a major source as that term is
18 defined in subsection 2 of this Section;
19 4. does not emit 50 tons or more per year of
20 any regulated air pollutant; and
21 5. emits less than 75 tons per year of all
22 regulated pollutants.
23 b. The Agency shall adopt and submit to USEPA,
24 after reasonable notice and opportunity for public
25 comment, as a revision to the Illinois state
26 implementation plan, plans for establishing the Program.
27 c. The Agency shall have the authority to enter
28 into such contracts and agreements as the Agency deems
29 necessary to carry out the purposes of this subsection.
30 d. The Agency may establish such procedures as it
31 may deem necessary for the purposes of implementing and
32 executing its responsibilities under this subsection.
33 e. There shall be appointed a Small Business
34 Ombudsman (hereinafter in this subsection referred to as
35 "Ombudsman") to monitor the Small Business Assistance
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1 Program. The Ombudsman shall be a nonpartisan designated
2 official, with the ability to independently assess
3 whether the goals of the Program are being met.
4 f. The State Ombudsman Office shall be located in
5 an existing Ombudsman office within the State or in any
6 State Department.
7 g. There is hereby created a State Compliance
8 Advisory Panel (hereinafter in this subsection referred
9 to as "Panel") for determining the overall effectiveness
10 of the Small Business Assistance Program within this
11 State.
12 h. The selection of Panel members shall be by the
13 following method:
14 1. The Governor shall select two members who
15 are not owners or representatives of owners of small
16 business stationary sources to represent the general
17 public;
18 2. The Director of the Agency shall select one
19 member to represent the Agency; and
20 3. The State Legislature shall select four
21 members who are owners or representatives of owners
22 of small business stationary sources. Both the
23 majority and minority leadership in both Houses of
24 the Legislature shall appoint one member of the
25 panel.
26 i. Panel members should serve without compensation
27 but will receive full reimbursement for expenses
28 including travel and per diem as authorized within this
29 State.
30 j. The Panel shall select its own Chair by a
31 majority vote. The Chair may meet and consult with the
32 Ombudsman and the head of the Small Business Assistance
33 Program in planning the activities for the Panel.
34 21. Temporary Sources.
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1 a. The Agency may issue a single permit authorizing
2 emissions from similar operations by the same source
3 owner or operator at multiple temporary locations, except
4 for sources which are affected sources for acid
5 deposition under Title IV of the Clean Air Act.
6 b. The applicant must demonstrate that the
7 operation is temporary and will involve at least one
8 change of location during the term of the permit.
9 c. Any such permit shall meet all applicable
10 requirements of this Section and applicable regulations,
11 and include conditions assuring compliance with all
12 applicable requirements at all authorized locations and
13 requirements that the owner or operator notify the Agency
14 at least 10 days in advance of each change in location.
15 22. Solid Waste Incineration Units.
16 a. A CAAPP permit for a solid waste incineration
17 unit combusting municipal waste subject to standards
18 promulgated under Section 129(e) of the Clean Air Act
19 shall be issued for a period of 12 years and shall be
20 reviewed every 5 years, unless the Agency requires more
21 frequent review through Agency procedures.
22 b. During the review in paragraph (a) of this
23 subsection, the Agency shall fully review the previously
24 submitted CAAPP permit application and corresponding
25 reports subsequently submitted to determine whether the
26 source is in compliance with all applicable requirements.
27 c. If the Agency determines that the source is not
28 in compliance with all applicable requirements it shall
29 revise the CAAPP permit as appropriate.
30 d. The Agency shall have the authority to adopt
31 procedural rules, in accordance with the Illinois
32 Administrative Procedure Act, as the Agency deems
33 necessary, to implement this subsection.
34 (Source: P.A. 89-79, eff. 6-30-95; 90-14, eff. 7-1-97;
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1 90-367, eff. 8-10-97.)
2 (415 ILCS 5/42) (from Ch. 111 1/2, par. 1042)
3 Sec. 42. Civil penalties.
4 (a) Except as provided in this Section, any person that
5 violates any provision of this Act or any regulation adopted
6 by the Board, or any permit or term or condition thereof, or
7 that violates any determination or order of the Board
8 pursuant to this Act, shall be liable to a civil penalty of
9 not to exceed $50,000 for the violation and an additional
10 civil penalty of not to exceed $10,000 for each day during
11 which the violation continues; such penalties may, upon order
12 of the Board or a court of competent jurisdiction, be made
13 payable to the Environmental Protection Trust Fund, to be
14 used in accordance with the provisions of the Environmental
15 Protection Trust Fund Act.
16 (b) Notwithstanding the provisions of subsection (a) of
17 this Section:
18 (1) Any person that violates Section 12(f) of this
19 Act or any NPDES permit or term or condition thereof, or
20 any filing requirement, regulation or order relating to
21 the NPDES permit program, shall be liable to a civil
22 penalty of not to exceed $10,000 per day of violation.
23 (2) Any person that violates Section 12(g) of this
24 Act or any UIC permit or term or condition thereof, or
25 any filing requirement, regulation or order relating to
26 the State UIC program for all wells, except Class II
27 wells as defined by the Board under this Act, shall be
28 liable to a civil penalty not to exceed $2,500 per day of
29 violation; provided, however, that any person who commits
30 such violations relating to the State UIC program for
31 Class II wells, as defined by the Board under this Act,
32 shall be liable to a civil penalty of not to exceed
33 $10,000 for the violation and an additional civil penalty
34 of not to exceed $1,000 for each day during which the
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1 violation continues.
2 (3) Any person that violates Sections 21(f), 21(g),
3 21(h) or 21(i) of this Act, or any RCRA permit or term or
4 condition thereof, or any filing requirement, regulation
5 or order relating to the State RCRA program, shall be
6 liable to a civil penalty of not to exceed $25,000 per
7 day of violation.
8 (4) In an administrative citation action under
9 Section 31.1 of this Act, any person found to have
10 violated any provision of subsection (o) or (p) of
11 Section 21 of this Act shall pay a civil penalty of $500
12 for each violation of each such provision, plus any
13 hearing costs incurred by the Board and the Agency. Such
14 penalties shall be made payable to the Environmental
15 Protection Trust Fund, to be used in accordance with the
16 provisions of the Environmental Protection Trust Fund
17 Act; except that if a unit of local government issued the
18 administrative citation, 50% of the civil penalty shall
19 be payable to the unit of local government.
20 (5) Any person who violates subsection 6 of Section
21 39.5 of this Act or any CAAPP permit, or term or
22 condition thereof, or any fee or filing requirement, or
23 any duty to allow or carry out inspection, entry or
24 monitoring activities, or any regulation or order
25 relating to the CAAPP shall be liable for a civil penalty
26 not to exceed $10,000 per day of violation.
27 (b.5) In lieu of the penalties set forth in subsections
28 (a) and (b) of this Section, any person who fails to file, in
29 a timely manner, a toxic chemical release forms form with the
30 Agency pursuant to Section 25b-2 of this Act shall be liable
31 for a civil penalty of $100 per day for each day the forms
32 are form is late, not to exceed a maximum total penalty of
33 $6,000. This daily penalty shall begin accruing on the
34 thirty-first day after the date that the person receives the
35 warning notice issued by the Agency pursuant to Section 25b-6
-102- SRS90SB0545JJawccr1
1 of this Act; and the penalty shall be paid to the Agency. The
2 daily accrual of penalties shall cease as of January 1 of the
3 following year. All penalties collected by the Agency
4 pursuant to this subsection shall be deposited into the
5 Environmental Protection Permit and Inspection Fund.
6 (c) Any person that violates this Act, or an order or
7 other determination of the Board under this Act and causes
8 the death of fish or aquatic life shall, in addition to the
9 other penalties provided by this Act, be liable to pay to the
10 State an additional sum for the reasonable value of the fish
11 or aquatic life destroyed. Any money so recovered shall be
12 placed in the Wildlife and Fish Fund in the State Treasury.
13 (d) The penalties provided for in this Section may be
14 recovered in a civil action.
15 (e) The State's Attorney of the county in which the
16 violation occurred, or the Attorney General, may, at the
17 request of the Agency or on his own motion, institute a civil
18 action for an injunction to restrain violations of this Act.
19 (f) The State's Attorney of the county in which the
20 violation occurred, or the Attorney General, shall bring such
21 actions in the name of the people of the State of Illinois.
22 Without limiting any other authority which may exist for the
23 awarding of attorney's fees and costs, the Board or a court
24 of competent jurisdiction may award costs and reasonable
25 attorney's fees, including the reasonable costs of expert
26 witnesses and consultants, to the State's Attorney or the
27 Attorney General in a case where he has prevailed against a
28 person who has committed a wilful, knowing or repeated
29 violation of the Act.
30 Any funds collected under this subsection (f) in which
31 the Attorney General has prevailed shall be deposited in the
32 Hazardous Waste Fund created in Section 22.2 of this Act. Any
33 funds collected under this subsection (f) in which a State's
34 Attorney has prevailed shall be retained by the county in
35 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:
34 (1) that potentially infectious medical waste, if
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1 not handled properly, may constitute an environmental or
2 public health problem.
3 (2) that potentially infectious medical waste, if
4 not handled properly, may present a health risk to
5 handlers of the waste at the facility where the waste is
6 generated, during transportation of the waste, and at the
7 facility receiving the waste.
8 (b) It is the purpose of this Title to reduce the
9 potential environmental and public health risks associated
10 with potentially infectious medical waste by establishing
11 statutory and regulatory requirements to ensure that such
12 waste will be handled in a safe and responsible manner.
13 (c) Potentially infectious medical waste is not a
14 hazardous waste, except for those potentially infectious
15 medical wastes identified by characteristics or listing as
16 hazardous under Section 3001 of the Resource Conservation and
17 Recovery Act of 1976, P.L. 94-580, or pursuant to Board
18 regulations. Potentially infectious medical waste
19 characterized or listed as hazardous shall be subject to the
20 appropriate hazardous waste regulations. Potentially
21 infectious medical waste packages that contain both waste
22 characterized or listed as hazardous and waste characterized
23 as nonhazardous shall be subject to the hazardous waste
24 regulations.
25 (Source: P.A. 87-752.)
26 (415 ILCS 5/56.4) (from Ch. 111 1/2, par. 1056.4)
27 Sec. 56.4. (a) Manifests for potentially infectious
28 medical waste shall consist of an original (the first page of
29 the form) and 3 copies. Upon delivery of potentially
30 infectious medical waste by a generator to a transporter, the
31 transporter shall deliver one copy of the completed manifest
32 to the generator. Upon delivery of potentially infectious
33 medical waste by a transporter to a treatment or disposal
34 receiving facility, the transporter shall keep one copy of
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1 the completed manifest, and the transporter shall deliver the
2 original and one copy of the completed manifest to the
3 treatment or disposal receiving facility. The treatment or
4 disposal receiving facility shall keep one copy of the
5 completed manifest and return the original to the generator
6 within 35 days. The manifest, as provided for in this
7 Section, shall not terminate while being transferred between
8 the generator, transporter, transfer station, or storage
9 facility, unless transfer activities are conducted at the
10 treatment or disposal facility. The manifest shall terminate
11 at the treatment or disposal facility.
12 (b) Potentially infectious medical waste manifests shall
13 be in a form prescribed and provided by the Agency.
14 Generators and transporters of potentially infectious medical
15 waste and facilities accepting potentially infectious medical
16 waste are not required to submit copies of such manifests to
17 the Agency. The manifest described in this Section shall be
18 used for the transportation of potentially infectious medical
19 waste instead of the manifest described in Section 22.01 of
20 this Act. Copies of each manifest shall be retained for 3
21 years by generators, transporters, and facilities, and shall
22 be available for inspection and copying by the Agency.
23 (c) The Agency shall assess a fee of $2.00 for each
24 potentially infectious medical waste manifest provided by the
25 Agency.
26 (d) All fees collected by the Agency under this Section
27 shall be deposited into the Environmental Protection Permit
28 and Inspection Fund. The Agency may establish procedures
29 relating to the collection of fees under this Section. The
30 Agency shall not refund any fee paid to it under this
31 Section.
32 (Source: P.A. 87-752.)
33 Section 15. The Illinois Chemical Safety Act is amended
34 by changing Section 3 as follows:
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1 (430 ILCS 45/3) (from Ch. 111 1/2, par. 953)
2 Sec. 3. Definitions. For the purposes of this Act:
3 "Agency" means the Illinois Environmental Protection
4 Agency.
5 "Business" means any individual, partnership,
6 corporation, or association in the State engaged in a
7 business operation that has 5 or more full-time employees, or
8 20 or more part-time employees, and that is properly assigned
9 or included within one of the following Standard Industrial
10 Classifications (SIC), as designated in the Standard
11 Industrial Classification Manual prepared by the Federal
12 Office of Management and Budget:
13 2295 Coated fabrics, not rubberized;
14 2491 Wood preserving;
15 2671. Packaging paper and plastics film, coated and
16 laminated;
17 2672 Coated and laminated paper, not elsewhere
18 classified;
19 2812 Alkalies and chlorine;
20 2813 Industrial gases;
21 2819 Industrial inorganic chemicals, not elsewhere
22 classified;
23 2821 Plastic materials, synthetic resins, and
24 non-vulcanizable elastomers;
25 2834 Pharmaceutical preparations;
26 2842 Specialty cleaning, polishing and sanitation
27 preparations;
28 2851 Paints, varnishes, lacquers, enamels, and allied
29 products;
30 2865 Cyclic (coal tar) crudes, and cyclic intermediaries,
31 dyes and organic pigments (lakes and toners);
32 2869 Industrial organic chemicals, not elsewhere
33 classified;
34 2873 Nitrogenous fertilizer;
35 2874 Phosphatic fertilizers;
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1 2879 Pesticides and agricultural chemicals, not elsewhere
2 classified;
3 2891 Adhesives and sealants;
4 2892 Explosives;
5 2911 Petroleum refining;
6 2952 Asphalt felts and coatings;
7 2999 Products of petroleum and coal, not elsewhere
8 classified;
9 3081. Unsupported plastics, film and sheet;
10 3082 Unsupported plastics profile shapes;
11 3083 Laminated plastics plate, sheet and profile shapes;
12 3084 Plastic pipe;
13 3085 Plastic bottles;
14 3086 Plastic foam products;
15 3087 Custom compounding of purchased plastic resin;
16 3088 Plastic plumbing fixtures;
17 3089 Plastic products, not elsewhere classified;
18 3111 Leather tanning and finishing;
19 3339 Primary smelting and refining of nonferrous metals,
20 except copper and aluminum;
21 3432 Plumbing fixture fittings and trim;
22 3471 Electroplating, plating, polishing, anodizing and
23 coloring;
24 4953 Refuse systems;
25 5085 Industrial supplies;
26 5162 Plastic materials and basic forms and shapes;
27 5169 Chemicals and allied products, not elsewhere
28 classified;
29 5171 Petroleum bulk stations and terminals;
30 5172 Petroleum and petroleum products, wholesalers,
31 except bulk stations and terminals.
32 For the purposes of this Act, the SIC Code that a
33 business uses for determining its coverage under The
34 Unemployment Insurance Act shall be the SIC Code for
35 determining the applicability of this Act. On an annual
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1 basis, the Department of Employment Security shall provide
2 the IEMA with a list of those regulated facilities covered by
3 the above mentioned SIC codes.
4 "Business" also means any facility not covered by the
5 above SIC codes that is subject to the provisions of Section
6 302 of the federal Emergency Planning and Community
7 Right-to-Know Act of 1986 and that is found by the Agency to
8 use, store, or manufacture a chemical substance in a quantity
9 that poses a threat to the environment or public health.
10 Such a determination shall be based on an on-site inspection
11 conducted by the Agency and certified to the IEMA. The
12 Agency shall also conduct inspections at the request of IEMA
13 or upon a written request setting forth a justification to
14 the IEMA from the chairman of the local emergency planning
15 committee upon recommendation of the committee. The IEMA
16 shall transmit a copy of the request to the Agency. The
17 Agency may, in the event of a reportable release that occurs
18 at any facility operated or owned by a business not covered
19 by the above SIC codes, conduct inspections if the site
20 hazard appears to warrant such action. The above
21 notwithstanding, any farm operation shall not be considered
22 as a facility subject to this definition.
23 Notwithstanding the above, for purposes of this Act,
24 "business" does not mean any facility for which the
25 requirements promulgated at Part 1910.119 of Title 29 of the
26 Code of Federal Regulations are applicable or which has
27 completed and submitted the plan required by Part 68 of Title
28 40 of the Code of Federal Regulations, provided that such
29 business conducts and documents in writing an assessment for
30 any instance where the Agency provides notice that a
31 significant release of a chemical substance has occurred at a
32 facility. Such assessment shall explain the nature, cause
33 and known effects of the release, any mitigating actions
34 taken, and preventive measures that can be employed to avoid
35 a future release. Such assessment shall be available at the
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1 facility for review within 30 days after the Agency notifies
2 the facility that a significant release has occurred. The
3 Agency may provide written comments to the business following
4 an on-site review of an assessment.
5 "Chemical name" means the scientific designation of a
6 chemical in accordance with the nomenclature system developed
7 by the International Union of Pure and Applied Chemistry
8 (IUPAC) or the American Chemical Society's Chemical Abstracts
9 Service (CAS) rules of nomenclature, or a name that will
10 clearly identify the chemical for hazard evaluation purposes.
11 "Chemical substance" means any "extremely hazardous
12 substance" listed in Appendix A of 40 C.F.R. Part 355 that is
13 present at a facility in an amount in excess of its threshold
14 planning quantity, any "hazardous substance" listed in 40
15 C.F.R. Section 302.4 that is present at a facility in an
16 amount in excess of its reportable quantity or in excess of
17 its threshold planning quantity if it is also an "extremely
18 hazardous substance", and any petroleum including crude oil
19 or any fraction thereof that is present at a facility in an
20 amount exceeding 100 pounds unless it is specifically listed
21 as a "hazardous substance" or an "extremely hazardous
22 substance". "Chemical substance" does not mean any substance
23 to the extent it is used for personal, family, or household
24 purposes or to the extent it is present in the same form and
25 concentration as a product packaged for distribution to and
26 use by the general public.
27 "IEMA" means the Illinois Emergency Management Agency.
28 "Facility" means the buildings and all real property
29 contiguous thereto, and the equipment at a single location
30 used for the conduct of business.
31 "Local emergency planning committee" means the committee
32 that is appointed for an emergency planning district under
33 the provisions of Section 301 of the federal Emergency
34 Planning and Community Right-to-Know Act of 1986.
35 "Release" means any sudden spilling, leaking, pumping,
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1 pouring, emitting, escaping, emptying, discharging,
2 injecting, leaching, dumping, or disposing into the
3 environment beyond the boundaries of a facility, but excludes
4 the following:
5 (a) Any release that results in exposure to persons
6 solely within a workplace, with respect to a claim that
7 such persons may assert against their employer.
8 (b) Emissions from the engine exhaust of a motor
9 vehicle, rolling stock, aircraft, vessel, or pipeline
10 pumping station engine.
11 (c) Release of source, byproduct, or special
12 nuclear material from a nuclear incident, as those terms
13 are defined in the Atomic Energy Act of 1954, if the
14 release is subject to requirements with respect to
15 financial protection established by the Nuclear
16 Regulatory Commission under Section 170 of the Atomic
17 Energy Act of 1954.
18 (d) The normal application of fertilizer.
19 "Significant release" means any release which is so
20 designated in writing by the Agency or the IEMA based upon an
21 inspection at the site of an emergency incident, or any
22 release which results in any evacuation, hospitalization, or
23 fatalities of the public.
24 (Source: P.A. 90-442, eff. 8-16-97.)
25 Section 99. Effective date. This Act takes effect upon
26 becoming law.".
-111- SRS90SB0545JJawccr1
1 Submitted on , 1998.
2 ______________________________ _____________________________
3 Senator Karpiel Representative Mautino
4 ______________________________ _____________________________
5 Senator Mahar Representative Novak
6 ______________________________ _____________________________
7 Senator Maitland Representative Hannig
8 ______________________________ _____________________________
9 Senator Farley Representative Churchill
10 ______________________________ _____________________________
11 Senator Shaw Representative Hassert
12 Committee for the Senate Committee for the House