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90_SB0819enr
415 ILCS 5/9.6 from Ch. 111 1/2, par. 1009.6
415 ILCS 5/39 from Ch. 111 1/2, par. 1039
415 ILCS 5/39.5 from Ch. 111 1/2, par. 1039.5
Amends the Environmental Protection Act to provide
applicants for an air pollution operating permit with 30 days
from their receipt of the permit to pay the initial annual
permit fee. Provides that sources of air pollution that are
not subject to the Clean Air Act Permit Program provisions
and are not required to obtain a federally enforceable State
operating permit shall not be required to renew an operating
permit except on the written request of the Environmental
Protection Agency. Provides that Title IV of the federal
Clean Air Act and regulations promulgated under that Act,
concerning sources of acid rain deposition, are enforceable
under the Environmental Protection Act. Provides that,
beginning fiscal year 1999 (now, 1996), Clean Air Act permit
holders shall be reimbursed in proportion to their original
fee payments to the extent that fees collected and deposited
into the Clean Air Act Permit Fund exceed 115% of actual
expenditures from the Fund. Effective immediately.
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1 AN ACT to amend the Environmental Protection Act by
2 changing Sections 9.6, 39, and 39.5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Environmental Protection Act is amended
6 by changing Sections 9.6, 39, and 39.5 as follows:
7 (415 ILCS 5/9.6) (from Ch. 111 1/2, par. 1009.6)
8 Sec. 9.6. Air pollution operating permit fee.
9 (a) For any site for which an air pollution operating
10 permit is required, other than a site permitted solely as a
11 retail liquid dispensing facility that has air pollution
12 control equipment or an agrichemical facility with an
13 endorsed permit pursuant to Section 39.4, the owner or
14 operator of that site shall pay an initial annual fee to the
15 Agency within 30 days of receipt of the permit before the
16 permit is issued and an annual fee each year thereafter for
17 as long as a permit is in effect. The initial annual fee
18 shall be refunded if the permit is denied.
19 (b) The following fee amounts shall apply:
20 (1) The fee for a site permitted to emit less than
21 25 tons per year of any combination of regulated air
22 pollutants, as defined in Section 39.5 of this Act, is
23 $100 per year, beginning July 1, 1993, except as provided
24 in subsection (c) of this Section.
25 (2) The fee for a site permitted to emit at least
26 25 tons per year but less than 100 tons per year of any
27 combination of regulated air pollutants, as defined in
28 Section 39.5 of this Act, is $1,000 per year beginning
29 July 1, 1993, except as provided in subsection (c) of
30 this Section.
31 (3) The fee for a site permitted to emit at least
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1 100 tons per year of any combination of regulated air
2 pollutants is $2,500 per year beginning July 1, 1993,
3 except as provided in subsection (c) of this Section;
4 provided, however, that the fee shall not exceed the
5 amount that would be required for the site if it were
6 subject to the fee requirements of Section 39.5 of this
7 Act.
8 (c) The owner or operator of any source subject to
9 paragraphs (b)(1), (b)(2), or (b)(3) of this Section that
10 becomes subject to Section 39.5 of this Act shall continue to
11 pay the fee set forth in this Section until the source
12 becomes subject to the fee set forth within subsection 18 of
13 Section 39.5 of this Act. In the event a site has paid a fee
14 under this Section during the 12 month period following the
15 effective date of the CAAPP, the fee amount shall be deducted
16 from any amount due under subsection 18 of Section 39.5 of
17 this Act. Owners or operators that are subject to paragraph
18 (b)(1), (b)(2), or (b)(3) of this Section, but that are not
19 also subject to Section 39.5, or excluded pursuant to
20 subsection 1.1 or subsection 3(c) of Section 39.5 shall
21 continue to pay the fee amounts set forth within paragraphs
22 (b)(1), (b)(2), or (b)(3), whichever is applicable.
23 (d) Only one air pollution site fee may be collected
24 from any site, even if such site receives more than one air
25 pollution control permit.
26 (e) The Agency shall establish procedures for the
27 collection of air pollution site fees. Air pollution site
28 fees may be paid annually, or in advance for the number of
29 years for which the permit is issued, at the option of the
30 owner or operator.
31 (f) The Agency may deny an application for the issuance
32 or renewal of an air pollution operating permit if any air
33 pollution site fee owed by the applicant has not been paid
34 within 60 days of the due date, unless the applicant, at the
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1 time of application, pays to the Agency in advance the air
2 pollution site fee for the site that is the subject of the
3 operating permit, plus any other air pollution site fees then
4 owed by the applicant. The denial of an air pollution
5 operating permit for failure to pay an air pollution site fee
6 shall be subject to review by the Board pursuant to the
7 provisions of subsection (a) of Section 40 of this Act.
8 (Source: P.A. 88-496; 88-690, eff. 1-24-95.)
9 (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
10 Sec. 39. Issuance of permits; procedures.
11 (a) When the Board has by regulation required a permit
12 for the construction, installation, or operation of any type
13 of facility, equipment, vehicle, vessel, or aircraft, the
14 applicant shall apply to the Agency for such permit and it
15 shall be the duty of the Agency to issue such a permit upon
16 proof by the applicant that the facility, equipment, vehicle,
17 vessel, or aircraft will not cause a violation of this Act or
18 of regulations hereunder. The Agency shall adopt such
19 procedures as are necessary to carry out its duties under
20 this Section. In granting permits the Agency may impose such
21 conditions as may be necessary to accomplish the purposes of
22 this Act, and as are not inconsistent with the regulations
23 promulgated by the Board hereunder. Except as otherwise
24 provided in this Act, a bond or other security shall not be
25 required as a condition for the issuance of a permit. If the
26 Agency denies any permit under this Section, the Agency shall
27 transmit to the applicant within the time limitations of this
28 Section specific, detailed statements as to the reasons the
29 permit application was denied. Such statements shall
30 include, but not be limited to the following:
31 (i) the Sections of this Act which may be violated
32 if the permit were granted;
33 (ii) the provision of the regulations, promulgated
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1 under this Act, which may be violated if the permit were
2 granted;
3 (iii) the specific type of information, if any,
4 which the Agency deems the applicant did not provide the
5 Agency; and
6 (iv) a statement of specific reasons why the Act
7 and the regulations might not be met if the permit were
8 granted.
9 If there is no final action by the Agency within 90 days
10 after the filing of the application for permit, the applicant
11 may deem the permit issued; except that this time period
12 shall be extended to 180 days when (1) notice and
13 opportunity for public hearing are required by State or
14 federal law or regulation, (2) the application which was
15 filed is for any permit to develop a landfill subject to
16 issuance pursuant to this subsection, or (3) the application
17 that was filed is for a MSWLF unit required to issue public
18 notice under subsection (p) of Section 39.
19 The Agency shall publish notice of all final permit
20 determinations for development permits for MSWLF units and
21 for significant permit modifications for lateral expansions
22 for existing MSWLF units one time in a newspaper of general
23 circulation in the county in which the unit is or is proposed
24 to be located.
25 After January 1, 1994 and until July 1, 1998, operating
26 permits issued under this Section by the Agency for sources
27 of air pollution permitted to emit less than 25 tons per year
28 of any combination of regulated air pollutants, as defined in
29 Section 39.5 of this Act, shall be required to be renewed
30 only upon written request by the Agency consistent with
31 applicable provisions of this Act and regulations promulgated
32 hereunder. Such operating permits shall expire 180 days
33 after the date of such a request. The Board shall revise its
34 regulations for the existing State air pollution operating
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1 permit program consistent with this provision by January 1,
2 1994.
3 After June 30, 1998, operating permits issued under this
4 Section by the Agency for sources of air pollution that are
5 not subject to Section 39.5 of this Act and are not required
6 to have a federally enforceable State operating permit shall
7 be required to be renewed only upon written request by the
8 Agency consistent with applicable provisions of this Act and
9 its rules. Such operating permits shall expire 180 days after
10 the date of such a request. Before July 1, 1998, the Board
11 shall revise its rules for the existing State air pollution
12 operating permit program consistent with this paragraph and
13 shall adopt rules that require a source to demonstrate that
14 it qualifies for a permit under this paragraph.
15 (b) The Agency may issue NPDES permits exclusively under
16 this subsection for the discharge of contaminants from point
17 sources into navigable waters, all as defined in the Federal
18 Water Pollution Control Act, as now or hereafter amended,
19 within the jurisdiction of the State, or into any well.
20 All NPDES permits shall contain those terms and
21 conditions, including but not limited to schedules of
22 compliance, which may be required to accomplish the purposes
23 and provisions of this Act.
24 The Agency may issue general NPDES permits for discharges
25 from categories of point sources which are subject to the
26 same permit limitations and conditions. Such general permits
27 may be issued without individual applications and shall
28 conform to regulations promulgated under Section 402 of the
29 Federal Water Pollution Control Act, as now or hereafter
30 amended.
31 The Agency may include, among such conditions, effluent
32 limitations and other requirements established under this
33 Act, Board regulations, the Federal Water Pollution Control
34 Act, as now or hereafter amended, and regulations pursuant
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1 thereto, and schedules for achieving compliance therewith at
2 the earliest reasonable date.
3 The Agency shall adopt filing requirements and procedures
4 which are necessary and appropriate for the issuance of NPDES
5 permits, and which are consistent with the Act or regulations
6 adopted by the Board, and with the Federal Water Pollution
7 Control Act, as now or hereafter amended, and regulations
8 pursuant thereto.
9 The Agency, subject to any conditions which may be
10 prescribed by Board regulations, may issue NPDES permits to
11 allow discharges beyond deadlines established by this Act or
12 by regulations of the Board without the requirement of a
13 variance, subject to the Federal Water Pollution Control Act,
14 as now or hereafter amended, and regulations pursuant
15 thereto.
16 (c) Except for those facilities owned or operated by
17 sanitary districts organized under the Metropolitan Water
18 Reclamation District Act, no permit for the development or
19 construction of a new pollution control facility may be
20 granted by the Agency unless the applicant submits proof to
21 the Agency that the location of the facility has been
22 approved by the County Board of the county if in an
23 unincorporated area, or the governing body of the
24 municipality when in an incorporated area, in which the
25 facility is to be located in accordance with Section 39.2 of
26 this Act.
27 Beginning August 20, 1993, if the pollution control
28 facility consists of a hazardous or solid waste disposal
29 facility for which the proposed site is located in an
30 unincorporated area of a county with a population of less
31 than 100,000 and includes all or a portion of a parcel of
32 land that was, on April 1, 1993, adjacent to a municipality
33 having a population of less than 5,000, then the local siting
34 review required under this subsection (c) in conjunction with
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1 any permit applied for after that date shall be performed by
2 the governing body of that adjacent municipality rather than
3 the county board of the county in which the proposed site is
4 located; and for the purposes of that local siting review,
5 any references in this Act to the county board shall be
6 deemed to mean the governing body of that adjacent
7 municipality; provided, however, that the provisions of this
8 paragraph shall not apply to any proposed site which was, on
9 April 1, 1993, owned in whole or in part by another
10 municipality.
11 In the case of a pollution control facility for which a
12 development permit was issued before November 12, 1981, if an
13 operating permit has not been issued by the Agency prior to
14 August 31, 1989 for any portion of the facility, then the
15 Agency may not issue or renew any development permit nor
16 issue an original operating permit for any portion of such
17 facility unless the applicant has submitted proof to the
18 Agency that the location of the facility has been approved by
19 the appropriate county board or municipal governing body
20 pursuant to Section 39.2 of this Act.
21 After January 1, 1994, if a solid waste disposal
22 facility, any portion for which an operating permit has been
23 issued by the Agency, has not accepted waste disposal for 5
24 or more consecutive calendars years, before that facility may
25 accept any new or additional waste for disposal, the owner
26 and operator must obtain a new operating permit under this
27 Act for that facility unless the owner and operator have
28 applied to the Agency for a permit authorizing the temporary
29 suspension of waste acceptance. The Agency may not issue a
30 new operation permit under this Act for the facility unless
31 the applicant has submitted proof to the Agency that the
32 location of the facility has been approved or re-approved by
33 the appropriate county board or municipal governing body
34 under Section 39.2 of this Act after the facility ceased
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1 accepting waste.
2 Except for those facilities owned or operated by sanitary
3 districts organized under the Metropolitan Water Reclamation
4 District Act, and except for new pollution control facilities
5 governed by Section 39.2, and except for fossil fuel mining
6 facilities, the granting of a permit under this Act shall not
7 relieve the applicant from meeting and securing all necessary
8 zoning approvals from the unit of government having zoning
9 jurisdiction over the proposed facility.
10 Before beginning construction on any new sewage treatment
11 plant or sludge drying site to be owned or operated by a
12 sanitary district organized under the Metropolitan Water
13 Reclamation District Act for which a new permit (rather than
14 the renewal or amendment of an existing permit) is required,
15 such sanitary district shall hold a public hearing within the
16 municipality within which the proposed facility is to be
17 located, or within the nearest community if the proposed
18 facility is to be located within an unincorporated area, at
19 which information concerning the proposed facility shall be
20 made available to the public, and members of the public shall
21 be given the opportunity to express their views concerning
22 the proposed facility.
23 The Agency may issue a permit for a municipal waste
24 transfer station without requiring approval pursuant to
25 Section 39.2 provided that the following demonstration is
26 made:
27 (1) the municipal waste transfer station was in
28 existence on or before January 1, 1979 and was in
29 continuous operation from January 1, 1979 to January 1,
30 1993;
31 (2) the operator submitted a permit application to
32 the Agency to develop and operate the municipal waste
33 transfer station during April of 1994;
34 (3) the operator can demonstrate that the county
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1 board of the county, if the municipal waste transfer
2 station is in an unincorporated area, or the governing
3 body of the municipality, if the station is in an
4 incorporated area, does not object to resumption of the
5 operation of the station; and
6 (4) the site has local zoning approval.
7 (d) The Agency may issue RCRA permits exclusively under
8 this subsection to persons owning or operating a facility for
9 the treatment, storage, or disposal of hazardous waste as
10 defined under this Act.
11 All RCRA permits shall contain those terms and
12 conditions, including but not limited to schedules of
13 compliance, which may be required to accomplish the purposes
14 and provisions of this Act. The Agency may include among
15 such conditions standards and other requirements established
16 under this Act, Board regulations, the Resource Conservation
17 and Recovery Act of 1976 (P.L. 94-580), as amended, and
18 regulations pursuant thereto, and may include schedules for
19 achieving compliance therewith as soon as possible. The
20 Agency shall require that a performance bond or other
21 security be provided as a condition for the issuance of a
22 RCRA permit.
23 In the case of a permit to operate a hazardous waste or
24 PCB incinerator as defined in subsection (k) of Section 44,
25 the Agency shall require, as a condition of the permit, that
26 the operator of the facility perform such analyses of the
27 waste to be incinerated as may be necessary and appropriate
28 to ensure the safe operation of the incinerator.
29 The Agency shall adopt filing requirements and procedures
30 which are necessary and appropriate for the issuance of RCRA
31 permits, and which are consistent with the Act or regulations
32 adopted by the Board, and with the Resource Conservation and
33 Recovery Act of 1976 (P.L. 94-580), as amended, and
34 regulations pursuant thereto.
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1 The applicant shall make available to the public for
2 inspection all documents submitted by the applicant to the
3 Agency in furtherance of an application, with the exception
4 of trade secrets, at the office of the county board or
5 governing body of the municipality. Such documents may be
6 copied upon payment of the actual cost of reproduction during
7 regular business hours of the local office. The Agency shall
8 issue a written statement concurrent with its grant or denial
9 of the permit explaining the basis for its decision.
10 (e) The Agency may issue UIC permits exclusively under
11 this subsection to persons owning or operating a facility for
12 the underground injection of contaminants as defined under
13 this Act.
14 All UIC permits shall contain those terms and conditions,
15 including but not limited to schedules of compliance, which
16 may be required to accomplish the purposes and provisions of
17 this Act. The Agency may include among such conditions
18 standards and other requirements established under this Act,
19 Board regulations, the Safe Drinking Water Act (P.L. 93-523),
20 as amended, and regulations pursuant thereto, and may include
21 schedules for achieving compliance therewith. The Agency
22 shall require that a performance bond or other security be
23 provided as a condition for the issuance of a UIC permit.
24 The Agency shall adopt filing requirements and procedures
25 which are necessary and appropriate for the issuance of UIC
26 permits, and which are consistent with the Act or regulations
27 adopted by the Board, and with the Safe Drinking Water Act
28 (P.L. 93-523), as amended, and regulations pursuant thereto.
29 The applicant shall make available to the public for
30 inspection, all documents submitted by the applicant to the
31 Agency in furtherance of an application, with the exception
32 of trade secrets, at the office of the county board or
33 governing body of the municipality. Such documents may be
34 copied upon payment of the actual cost of reproduction during
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1 regular business hours of the local office. The Agency shall
2 issue a written statement concurrent with its grant or denial
3 of the permit explaining the basis for its decision.
4 (f) In making any determination pursuant to Section 9.1
5 of this Act:
6 (1) The Agency shall have authority to make the
7 determination of any question required to be determined
8 by the Clean Air Act, as now or hereafter amended, this
9 Act, or the regulations of the Board, including the
10 determination of the Lowest Achievable Emission Rate,
11 Maximum Achievable Control Technology, or Best Available
12 Control Technology, consistent with the Board's
13 regulations, if any.
14 (2) The Agency shall, after conferring with the
15 applicant, give written notice to the applicant of its
16 proposed decision on the application including the terms
17 and conditions of the permit to be issued and the facts,
18 conduct or other basis upon which the Agency will rely to
19 support its proposed action.
20 (3) Following such notice, the Agency shall give
21 the applicant an opportunity for a hearing in accordance
22 with the provisions of Sections 10-25 through 10-60 of
23 the Illinois Administrative Procedure Act.
24 (g) The Agency shall include as conditions upon all
25 permits issued for hazardous waste disposal sites such
26 restrictions upon the future use of such sites as are
27 reasonably necessary to protect public health and the
28 environment, including permanent prohibition of the use of
29 such sites for purposes which may create an unreasonable risk
30 of injury to human health or to the environment. After
31 administrative and judicial challenges to such restrictions
32 have been exhausted, the Agency shall file such restrictions
33 of record in the Office of the Recorder of the county in
34 which the hazardous waste disposal site is located.
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1 (h) A hazardous waste stream may not be deposited in a
2 permitted hazardous waste site unless specific authorization
3 is obtained from the Agency by the generator and disposal
4 site owner and operator for the deposit of that specific
5 hazardous waste stream. The Agency may grant specific
6 authorization for disposal of hazardous waste streams only
7 after the generator has reasonably demonstrated that,
8 considering technological feasibility and economic
9 reasonableness, the hazardous waste cannot be reasonably
10 recycled for reuse, nor incinerated or chemically, physically
11 or biologically treated so as to neutralize the hazardous
12 waste and render it nonhazardous. In granting authorization
13 under this Section, the Agency may impose such conditions as
14 may be necessary to accomplish the purposes of the Act and
15 are consistent with this Act and regulations promulgated by
16 the Board hereunder. If the Agency refuses to grant
17 authorization under this Section, the applicant may appeal as
18 if the Agency refused to grant a permit, pursuant to the
19 provisions of subsection (a) of Section 40 of this Act. For
20 purposes of this subsection (h), the term "generator" has the
21 meaning given in Section 3.12 of this Act, unless: (1) the
22 hazardous waste is treated, incinerated, or partially
23 recycled for reuse prior to disposal, in which case the last
24 person who treats, incinerates, or partially recycles the
25 hazardous waste prior to disposal is the generator; or (2)
26 the hazardous waste is from a response action, in which case
27 the person performing the response action is the generator.
28 This subsection (h) does not apply to any hazardous waste
29 that is restricted from land disposal under 35 Ill. Adm. Code
30 728.
31 (i) Before issuing any RCRA permit or any permit for the
32 conduct of any waste-transportation or waste-disposal
33 operation, the Agency shall conduct an evaluation of the
34 prospective operator's prior experience in waste management
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1 operations. The Agency may deny such a permit if the
2 prospective operator or any employee or officer of the
3 prospective operator has a history of:
4 (1) repeated violations of federal, State, or local
5 laws, regulations, standards, or ordinances in the
6 operation of refuse disposal facilities or sites; or
7 (2) conviction in this or another State of any
8 crime which is a felony under the laws of this State, or
9 conviction of a felony in a federal court; or
10 (3) proof of gross carelessness or incompetence in
11 handling, storing, processing, transporting or disposing
12 of any hazardous waste.
13 (j) The issuance under this Act of a permit to engage in
14 the surface mining of any resources other than fossil fuels
15 shall not relieve the permittee from its duty to comply with
16 any applicable local law regulating the commencement,
17 location or operation of surface mining facilities.
18 (k) A development permit issued under subsection (a) of
19 Section 39 for any facility or site which is required to have
20 a permit under subsection (d) of Section 21 shall expire at
21 the end of 2 calendar years from the date upon which it was
22 issued, unless within that period the applicant has taken
23 action to develop the facility or the site. In the event that
24 review of the conditions of the development permit is sought
25 pursuant to Section 40 or 41, or permittee is prevented from
26 commencing development of the facility or site by any other
27 litigation beyond the permittee's control, such two-year
28 period shall be deemed to begin on the date upon which such
29 review process or litigation is concluded.
30 (l) No permit shall be issued by the Agency under this
31 Act for construction or operation of any facility or site
32 located within the boundaries of any setback zone established
33 pursuant to this Act, where such construction or operation is
34 prohibited.
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1 (m) The Agency may issue permits to persons owning or
2 operating a facility for composting landscape waste. In
3 granting such permits, the Agency may impose such conditions
4 as may be necessary to accomplish the purposes of this Act,
5 and as are not inconsistent with applicable regulations
6 promulgated by the Board. Except as otherwise provided in
7 this Act, a bond or other security shall not be required as a
8 condition for the issuance of a permit. If the Agency denies
9 any permit pursuant to this subsection, the Agency shall
10 transmit to the applicant within the time limitations of this
11 subsection specific, detailed statements as to the reasons
12 the permit application was denied. Such statements shall
13 include but not be limited to the following:
14 (1) the Sections of this Act that may be violated
15 if the permit were granted;
16 (2) the specific regulations promulgated pursuant
17 to this Act that may be violated if the permit were
18 granted;
19 (3) the specific information, if any, the Agency
20 deems the applicant did not provide in its application to
21 the Agency; and
22 (4) a statement of specific reasons why the Act and
23 the regulations might be violated if the permit were
24 granted.
25 If no final action is taken by the Agency within 90 days
26 after the filing of the application for permit, the applicant
27 may deem the permit issued. Any applicant for a permit may
28 waive the 90 day limitation by filing a written statement
29 with the Agency.
30 The Agency shall issue permits for such facilities upon
31 receipt of an application that includes a legal description
32 of the site, a topographic map of the site drawn to the scale
33 of 200 feet to the inch or larger, a description of the
34 operation, including the area served, an estimate of the
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1 volume of materials to be processed, and documentation that:
2 (1) the facility includes a setback of at least 200
3 feet from the nearest potable water supply well;
4 (2) the facility is located outside the boundary of
5 the 10-year floodplain or the site will be floodproofed;
6 (3) the facility is located so as to minimize
7 incompatibility with the character of the surrounding
8 area, including at least a 200 foot setback from any
9 residence, and in the case of a facility that is
10 developed or the permitted composting area of which is
11 expanded after November 17, 1991, the composting area is
12 located at least 1/8 mile from the nearest residence
13 (other than a residence located on the same property as
14 the facility);
15 (4) the design of the facility will prevent any
16 compost material from being placed within 5 feet of the
17 water table, will adequately control runoff from the
18 site, and will collect and manage any leachate that is
19 generated on the site;
20 (5) the operation of the facility will include
21 appropriate dust and odor control measures, limitations
22 on operating hours, appropriate noise control measures
23 for shredding, chipping and similar equipment, management
24 procedures for composting, containment and disposal of
25 non-compostable wastes, procedures to be used for
26 terminating operations at the site, and recordkeeping
27 sufficient to document the amount of materials received,
28 composted and otherwise disposed of; and
29 (6) the operation will be conducted in accordance
30 with any applicable rules adopted by the Board.
31 The Agency shall issue renewable permits of not longer
32 than 10 years in duration for the composting of landscape
33 wastes, as defined in Section 3.70 of this Act, based on the
34 above requirements.
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1 The operator of any facility permitted under this
2 subsection (m) must submit a written annual statement to the
3 Agency on or before April 1 of each year that includes an
4 estimate of the amount of material, in tons, received for
5 composting.
6 (n) The Agency shall issue permits jointly with the
7 Department of Transportation for the dredging or deposit of
8 material in Lake Michigan in accordance with Section 18 of
9 the Rivers, Lakes, and Streams Act.
10 (o) From September 4, 1990 until December 31, 1993, no
11 permit shall be issued by the Agency for the development or
12 construction of any new facility intended to be used for the
13 incineration of any hazardous waste. This subsection shall
14 not apply to facilities intended for use for combustion of
15 potentially infectious medical waste, for use as part of a
16 State or federally designated clean-up action, or for use
17 solely for the conduct of research and the development and
18 demonstration of technologies for the incineration of
19 hazardous waste.
20 (p) (1) Any person submitting an application for a
21 permit for a new MSWLF unit or for a lateral expansion under
22 subsection (t) of Section 21 of this Act for an existing
23 MSWLF unit that has not received and is not subject to local
24 siting approval under Section 39.2 of this Act shall publish
25 notice of the application in a newspaper of general
26 circulation in the county in which the MSWLF unit is or is
27 proposed to be located. The notice must be published at
28 least 15 days before submission of the permit application to
29 the Agency. The notice shall state the name and address of
30 the applicant, the location of the MSWLF unit or proposed
31 MSWLF unit, the nature and size of the MSWLF unit or proposed
32 MSWLF unit, the nature of the activity proposed, the probable
33 life of the proposed activity, the date the permit
34 application will be submitted, and a statement that persons
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1 may file written comments with the Agency concerning the
2 permit application within 30 days after the filing of the
3 permit application unless the time period to submit comments
4 is extended by the Agency.
5 When a permit applicant submits information to the Agency
6 to supplement a permit application being reviewed by the
7 Agency, the applicant shall not be required to reissue the
8 notice under this subsection.
9 (2) The Agency shall accept written comments concerning
10 the permit application that are postmarked no later then 30
11 days after the filing of the permit application, unless the
12 time period to accept comments is extended by the Agency.
13 (3) Each applicant for a permit described in part (1) of
14 this subsection shall file a copy of the permit application
15 with the county board or governing body of the municipality
16 in which the MSWLF unit is or is proposed to be located at
17 the same time the application is submitted to the Agency.
18 The permit application filed with the county board or
19 governing body of the municipality shall include all
20 documents submitted to or to be submitted to the Agency,
21 except trade secrets as determined under Section 7.1 of this
22 Act. The permit application and other documents on file with
23 the county board or governing body of the municipality shall
24 be made available for public inspection during regular
25 business hours at the office of the county board or the
26 governing body of the municipality and may be copied upon
27 payment of the actual cost of reproduction.
28 (Source: P.A. 88-45; 88-293; 88-320; 88-447; 88-464; 88-496;
29 88-670, eff. 12-2-94; 88-681, eff. 12-22-94; 89-487, eff.
30 6-21-96; 89-556, eff. 7-26-96; revised 8-19-96.)
31 (415 ILCS 5/39.5) (from Ch. 111 1/2, par. 1039.5)
32 Sec. 39.5. Clean Air Act Permit Program.
33 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
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1 other requirement" shall mean only such standards or
2 requirements directly enforceable against an individual
3 source under the Clean Air Act.
4 (2)(i) Any term or condition of any preconstruction
5 permits issued pursuant to regulations approved or
6 promulgated by USEPA under Title I of the Clean Air
7 Act, including Part C or D of the Clean Air Act.
8 (ii) Any term or condition as required
9 pursuant to Section 39.5 of any federally
10 enforceable State operating permit issued pursuant
11 to regulations approved or promulgated by USEPA
12 under Title I of the Clean Air Act, including Part C
13 or D of the Clean Air Act.
14 (3) Any standard or other requirement under Section
15 111 of the Clean Air Act, including Section 111(d).
16 (4) Any standard or other requirement under Section
17 112 of the Clean Air Act, including any requirement
18 concerning accident prevention under Section 112(r)(7) of
19 the Clean Air Act.
20 (5) Any standard or other requirement of the acid
21 rain program under Title IV of the Clean Air Act or the
22 regulations promulgated thereunder.
23 (6) Any requirements established pursuant to
24 Section 504(b) or Section 114(a)(3) of the Clean Air Act.
25 (7) Any standard or other requirement governing
26 solid waste incineration, under Section 129 of the Clean
27 Air Act.
28 (8) Any standard or other requirement for consumer
29 and commercial products, under Section 183(e) of the
30 Clean Air Act.
31 (9) Any standard or other requirement for tank
32 vessels, under Section 183(f) of the Clean Air Act.
33 (10) Any standard or other requirement of the
34 program to control air pollution from Outer Continental
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1 Shelf sources, under Section 328 of the Clean Air Act.
2 (11) Any standard or other requirement of the
3 regulations promulgated to protect stratospheric ozone
4 under Title VI of the Clean Air Act, unless USEPA has
5 determined that such requirements need not be contained
6 in a Title V permit.
7 (12) Any national ambient air quality standard or
8 increment or visibility requirement under Part C of Title
9 I of the Clean Air Act, but only as it would apply to
10 temporary sources permitted pursuant to Section 504(e) of
11 the Clean Air Act.
12 "Applicable requirement" means all applicable Clean Air
13 Act requirements and any other standard, limitation, or other
14 requirement contained in this Act or regulations promulgated
15 under this Act as applicable to sources of air contaminants
16 (including requirements that have future effective compliance
17 dates).
18 "CAAPP" means the Clean Air Act Permit Program, developed
19 pursuant to Title V of the Clean Air Act.
20 "CAAPP application" means an application for a CAAPP
21 permit.
22 "CAAPP Permit" or "permit" (unless the context suggests
23 otherwise) means any permit issued, renewed, amended,
24 modified or revised pursuant to Title V of the Clean Air Act.
25 "CAAPP source" means any source for which the owner or
26 operator is required to obtain a CAAPP permit pursuant to
27 subsection 2 of this Section.
28 "Clean Air Act" means the Clean Air Act, as now and
29 hereafter amended, 42 U.S.C. 7401, et seq.
30 "Designated representative" shall have the meaning given
31 to it in Section 402(26) of the Clean Air Act and the
32 regulations promulgated thereunder which states that the term
33 'designated representative' shall mean a responsible person
34 or official authorized by the owner or operator of a unit to
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1 represent the owner or operator in all matters pertaining to
2 the holding, transfer, or disposition of allowances allocated
3 to a unit, and the submission of and compliance with permits,
4 permit applications, and compliance plans for the unit.
5 "Draft CAAPP permit" means the version of a CAAPP permit
6 for which public notice and an opportunity for public comment
7 and hearing is offered by the Agency.
8 "Effective date of the CAAPP" means the date that USEPA
9 approves Illinois' CAAPP.
10 "Emission unit" means any part or activity of a
11 stationary source that emits or has the potential to emit any
12 air pollutant. This term is not meant to alter or affect the
13 definition of the term "unit" for purposes of Title IV of the
14 Clean Air Act.
15 "Federally enforceable" means enforceable by USEPA.
16 "Final permit action" means the Agency's granting with
17 conditions, refusal to grant, renewal of, or revision of a
18 CAAPP permit, the Agency's determination of incompleteness of
19 a submitted CAAPP application, or the Agency's failure to act
20 on an application for a permit, permit renewal, or permit
21 revision within the time specified in paragraph 5(j),
22 subsection 13, or subsection 14 of this Section.
23 "General permit" means a permit issued to cover numerous
24 similar sources in accordance with subsection 11 of this
25 Section.
26 "Major source" means a source for which emissions of one
27 or more air pollutants meet the criteria for major status
28 pursuant to paragraph 2(c) of this Section.
29 "Maximum achievable control technology" or "MACT" means
30 the maximum degree of reductions in emissions deemed
31 achievable under Section 112 of the Clean Air Act.
32 "Owner or operator" means any person who owns, leases,
33 operates, controls, or supervises a stationary source.
34 "Permit modification" means a revision to a CAAPP permit
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1 that cannot be accomplished under the provisions for
2 administrative permit amendments under subsection 13 of this
3 Section.
4 "Permit revision" means a permit modification or
5 administrative permit amendment.
6 "Phase II" means the period of the national acid rain
7 program, established under Title IV of the Clean Air Act,
8 beginning January 1, 2000, and continuing thereafter.
9 "Phase II acid rain permit" means the portion of a CAAPP
10 permit issued, renewed, modified, or revised by the Agency
11 during Phase II for an affected source for acid deposition.
12 "Potential to emit" means the maximum capacity of a
13 stationary source to emit any air pollutant under its
14 physical and operational design. Any physical or operational
15 limitation on the capacity of a source to emit an air
16 pollutant, including air pollution control equipment and
17 restrictions on hours of operation or on the type or amount
18 of material combusted, stored, or processed, shall be treated
19 as part of its design if the limitation is enforceable by
20 USEPA. This definition does not alter or affect the use of
21 this term for any other purposes under the Clean Air Act, or
22 the term "capacity factor" as used in Title IV of the Clean
23 Air Act or the regulations promulgated thereunder.
24 "Preconstruction Permit" or "Construction Permit" means a
25 permit which is to be obtained prior to commencing or
26 beginning actual construction or modification of a source or
27 emissions unit.
28 "Proposed CAAPP permit" means the version of a CAAPP
29 permit that the Agency proposes to issue and forwards to
30 USEPA for review in compliance with applicable requirements
31 of the Act and regulations promulgated thereunder.
32 "Regulated air pollutant" means the following:
33 (1) Nitrogen oxides (NOx) or any volatile organic
34 compound.
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1 (2) Any pollutant for which a national ambient air
2 quality standard has been promulgated.
3 (3) Any pollutant that is subject to any standard
4 promulgated under Section 111 of the Clean Air Act.
5 (4) Any Class I or II substance subject to a
6 standard promulgated under or established by Title VI of
7 the Clean Air Act.
8 (5) Any pollutant subject to a standard promulgated
9 under Section 112 or other requirements established under
10 Section 112 of the Clean Air Act, including Sections
11 112(g), (j) and (r).
12 (i) Any pollutant subject to requirements
13 under Section 112(j) of the Clean Air Act. Any
14 pollutant listed under Section 112(b) for which the
15 subject source would be major shall be considered to
16 be regulated 18 months after the date on which USEPA
17 was required to promulgate an applicable standard
18 pursuant to Section 112(e) of the Clean Air Act, if
19 USEPA fails to promulgate such standard.
20 (ii) Any pollutant for which the requirements
21 of Section 112(g)(2) of the Clean Air Act have been
22 met, but only with respect to the individual source
23 subject to Section 112(g)(2) requirement.
24 "Renewal" means the process by which a permit is reissued
25 at the end of its term.
26 "Responsible official" means one of the following:
27 (1) For a corporation: a president, secretary,
28 treasurer, or vice-president of the corporation in charge
29 of a principal business function, or any other person who
30 performs similar policy or decision-making functions for
31 the corporation, or a duly authorized representative of
32 such person if the representative is responsible for the
33 overall operation of one or more manufacturing,
34 production, or operating facilities applying for or
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1 subject to a permit and either (i) the facilities employ
2 more than 250 persons or have gross annual sales or
3 expenditures exceeding $25 million (in second quarter
4 1980 dollars), or (ii) the delegation of authority to
5 such representative is approved in advance by the Agency.
6 (2) For a partnership or sole proprietorship: a
7 general partner or the proprietor, respectively, or in
8 the case of a partnership in which all of the partners
9 are corporations, a duly authorized representative of the
10 partnership if the representative is responsible for the
11 overall operation of one or more manufacturing,
12 production, or operating facilities applying for or
13 subject to a permit and either (i) the facilities employ
14 more than 250 persons or have gross annual sales or
15 expenditures exceeding $25 million (in second quarter
16 1980 dollars), or (ii) the delegation of authority to
17 such representative is approved in advance by the Agency.
18 (3) For a municipality, State, Federal, or other
19 public agency: either a principal executive officer or
20 ranking elected official. For the purposes of this part,
21 a principal executive officer of a Federal agency
22 includes the chief executive officer having
23 responsibility for the overall operations of a principal
24 geographic unit of the agency (e.g., a Regional
25 Administrator of USEPA).
26 (4) For affected sources for acid deposition:
27 (i) The designated representative shall be the
28 "responsible official" in so far as actions,
29 standards, requirements, or prohibitions under Title
30 IV of the Clean Air Act or the regulations
31 promulgated thereunder are concerned.
32 (ii) The designated representative may also be
33 the "responsible official" for any other purposes
34 with respect to air pollution control.
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1 "Section 502(b)(10) changes" means changes that
2 contravene express permit terms. "Section 502(b)(10) changes"
3 do not include changes that would violate applicable
4 requirements or contravene federally enforceable permit terms
5 or conditions that are monitoring (including test methods),
6 recordkeeping, reporting, or compliance certification
7 requirements.
8 "Solid waste incineration unit" means a distinct
9 operating unit of any facility which combusts any solid waste
10 material from commercial or industrial establishments or the
11 general public (including single and multiple residences,
12 hotels, and motels). The term does not include incinerators
13 or other units required to have a permit under Section 3005
14 of the Solid Waste Disposal Act. The term also does not
15 include (A) materials recovery facilities (including primary
16 or secondary smelters) which combust waste for the primary
17 purpose of recovering metals, (B) qualifying small power
18 production facilities, as defined in Section 3(17)(C) of the
19 Federal Power Act (16 U.S.C. 769(17)(C)), or qualifying
20 cogeneration facilities, as defined in Section 3(18)(B) of
21 the Federal Power Act (16 U.S.C. 796(18)(B)), which burn
22 homogeneous waste (such as units which burn tires or used
23 oil, but not including refuse-derived fuel) for the
24 production of electric energy or in the case of qualifying
25 cogeneration facilities which burn homogeneous waste for the
26 production of electric energy and steam or forms of useful
27 energy (such as heat) which are used for industrial,
28 commercial, heating or cooling purposes, or (C) air curtain
29 incinerators provided that such incinerators only burn wood
30 wastes, yard waste and clean lumber and that such air curtain
31 incinerators comply with opacity limitations to be
32 established by the USEPA by rule.
33 "Source" means any stationary source (or any group of
34 stationary sources that are located on one or more contiguous
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1 or adjacent properties, and are under common control of the
2 same person or persons under common control) belonging to a
3 single major industrial grouping. For the purposes of
4 defining "source," a stationary source or group of stationary
5 sources shall be considered part of a single industrial
6 grouping if all of the pollutant emitting activities at such
7 source or group of sources on contiguous or adjacent property
8 belong to the same Major Group (i.e., all have the same
9 two-digit code) as described in the Standard Industrial
10 Classification Manual, 1987.
11 "Stationary source" means any building, structure,
12 facility, or installation that emits or may emit any
13 regulated air pollutant or any pollutant listed under Section
14 112(b) of the Clean Air Act.
15 "USEPA" means the Administrator of the United States
16 Environmental Protection Agency (USEPA) or a person
17 designated by the Administrator.
18 1.1. Exclusion From the CAAPP.
19 a. An owner or operator of a source which
20 determines that the source could be excluded from the
21 CAAPP may seek such exclusion prior to the date that the
22 CAAPP application for the source is due but in no case
23 later than 9 months after the effective date of the CAAPP
24 through the imposition of federally enforceable
25 conditions limiting the "potential to emit" of the source
26 to a level below the major source threshold for that
27 source as described in paragraph 2(c) of this Section,
28 within a State operating permit issued pursuant to
29 Section 39(a) of this Act. After such date, an exclusion
30 from the CAAPP may be sought under paragraph 3(c) of this
31 Section.
32 b. An owner or operator of a source seeking
33 exclusion from the CAAPP pursuant to paragraph (a) of
34 this subsection must submit a permit application
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1 consistent with the existing State permit program which
2 specifically requests such exclusion through the
3 imposition of such federally enforceable conditions.
4 c. Upon such request, if the Agency determines that
5 the owner or operator of a source has met the
6 requirements for exclusion pursuant to paragraph (a) of
7 this subsection and other applicable requirements for
8 permit issuance under Section 39(a) of this Act, the
9 Agency shall issue a State operating permit for such
10 source under Section 39(a) of this Act, as amended, and
11 regulations promulgated thereunder with federally
12 enforceable conditions limiting the "potential to emit"
13 of the source to a level below the major source threshold
14 for that source as described in paragraph 2(c) of this
15 Section.
16 d. The Agency shall provide an owner or operator of
17 a source which may be excluded from the CAAPP pursuant to
18 this subsection with reasonable notice that the owner or
19 operator may seek such exclusion.
20 e. The Agency shall provide such sources with the
21 necessary permit application forms.
22 2. Applicability.
23 a. Sources subject to this Section shall include:
24 i. Any major source as defined in paragraph
25 (c) of this subsection.
26 ii. Any source subject to a standard or other
27 requirements promulgated under Section 111 (New
28 Source Performance Standards) or Section 112
29 (Hazardous Air Pollutants) of the Clean Air Act,
30 except that a source is not required to obtain a
31 permit solely because it is subject to regulations
32 or requirements under Section 112(r) of the Clean
33 Air Act.
34 iii. Any affected source for acid deposition,
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1 as defined in subsection 1 of this Section.
2 iv. Any other source subject to this Section
3 under the Clean Air Act or regulations promulgated
4 thereunder, or applicable Board regulations.
5 b. Sources exempted from this Section shall
6 include:
7 i. All sources listed in paragraph (a) of this
8 subsection which are not major sources, affected
9 sources for acid deposition or solid waste
10 incineration units required to obtain a permit
11 pursuant to Section 129(e) of the Clean Air Act,
12 until the source is required to obtain a CAAPP
13 permit pursuant to the Clean Air Act or regulations
14 promulgated thereunder.
15 ii. Nonmajor sources subject to a standard or
16 other requirements subsequently promulgated by USEPA
17 under Section 111 or 112 of the Clean Air Act which
18 are determined by USEPA to be exempt at the time a
19 new standard is promulgated.
20 iii. All sources and source categories that
21 would be required to obtain a permit solely because
22 they are subject to Part 60, Subpart AAA - Standards
23 of Performance for New Residential Wood Heaters (40
24 CFR Part 60).
25 iv. All sources and source categories that
26 would be required to obtain a permit solely because
27 they are subject to Part 61, Subpart M - National
28 Emission Standard for Hazardous Air Pollutants for
29 Asbestos, Section 61.145 (40 CFR Part 61).
30 v. Any other source categories exempted by
31 USEPA regulations pursuant to Section 502(a) of the
32 Clean Air Act.
33 c. For purposes of this Section the term "major
34 source" means any source that is:
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1 i. A major source under Section 112 of the
2 Clean Air Act, which is defined as:
3 A. For pollutants other than
4 radionuclides, any stationary source or group
5 of stationary sources located within a
6 contiguous area and under common control that
7 emits or has the potential to emit, in the
8 aggregate, 10 tons per year (tpy) or more of
9 any hazardous air pollutant which has been
10 listed pursuant to Section 112(b) of the Clean
11 Air Act, 25 tpy or more of any combination of
12 such hazardous air pollutants, or such lesser
13 quantity as USEPA may establish by rule.
14 Notwithstanding the preceding sentence,
15 emissions from any oil or gas exploration or
16 production well (with its associated equipment)
17 and emissions from any pipeline compressor or
18 pump station shall not be aggregated with
19 emissions from other similar units, whether or
20 not such units are in a contiguous area or
21 under common control, to determine whether such
22 stations are major sources.
23 B. For radionuclides, "major source"
24 shall have the meaning specified by the USEPA
25 by rule.
26 ii. A major stationary source of air
27 pollutants, as defined in Section 302 of the Clean
28 Air Act, that directly emits or has the potential to
29 emit, 100 tpy or more of any air pollutant
30 (including any major source of fugitive emissions of
31 any such pollutant, as determined by rule by USEPA).
32 For purposes of this subsection, "fugitive
33 emissions" means those emissions which could not
34 reasonably pass through a stack, chimney, vent, or
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1 other functionally-equivalent opening. The fugitive
2 emissions of a stationary source shall not be
3 considered in determining whether it is a major
4 stationary source for the purposes of Section 302(j)
5 of the Clean Air Act, unless the source belongs to
6 one of the following categories of stationary
7 source:
8 A. Coal cleaning plants (with thermal
9 dryers).
10 B. Kraft pulp mills.
11 C. Portland cement plants.
12 D. Primary zinc smelters.
13 E. Iron and steel mills.
14 F. Primary aluminum ore reduction plants.
15 G. Primary copper smelters.
16 H. Municipal incinerators capable of
17 charging more than 250 tons of refuse per day.
18 I. Hydrofluoric, sulfuric, or nitric acid
19 plants.
20 J. Petroleum refineries.
21 K. Lime plants.
22 L. Phosphate rock processing plants.
23 M. Coke oven batteries.
24 N. Sulfur recovery plants.
25 O. Carbon black plants (furnace process).
26 P. Primary lead smelters.
27 Q. Fuel conversion plants.
28 R. Sintering plants.
29 S. Secondary metal production plants.
30 T. Chemical process plants.
31 U. Fossil-fuel boilers (or combination
32 thereof) totaling more than 250 million British
33 thermal units per hour heat input.
34 V. Petroleum storage and transfer units
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1 with a total storage capacity exceeding 300,000
2 barrels.
3 W. Taconite ore processing plants.
4 X. Glass fiber processing plants.
5 Y. Charcoal production plants.
6 Z. Fossil fuel-fired steam electric
7 plants of more than 250 million British thermal
8 units per hour heat input.
9 AA. All other stationary source
10 categories regulated by a standard promulgated
11 under Section 111 or 112 of the Clean Air Act,
12 but only with respect to those air pollutants
13 that have been regulated for that category.
14 BB. Any other stationary source category
15 designated by USEPA by rule.
16 iii. A major stationary source as defined in
17 part D of Title I of the Clean Air Act including:
18 A. For ozone nonattainment areas, sources
19 with the potential to emit 100 tons or more per
20 year of volatile organic compounds or oxides of
21 nitrogen in areas classified as "marginal" or
22 "moderate", 50 tons or more per year in areas
23 classified as "serious", 25 tons or more per
24 year in areas classified as "severe", and 10
25 tons or more per year in areas classified as
26 "extreme"; except that the references in this
27 clause to 100, 50, 25, and 10 tons per year of
28 nitrogen oxides shall not apply with respect to
29 any source for which USEPA has made a finding,
30 under Section 182(f)(1) or (2) of the Clean Air
31 Act, that requirements otherwise applicable to
32 such source under Section 182(f) of the Clean
33 Air Act do not apply. Such sources shall
34 remain subject to the major source criteria of
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1 paragraph 2(c)(ii) of this subsection.
2 B. For ozone transport regions
3 established pursuant to Section 184 of the
4 Clean Air Act, sources with the potential to
5 emit 50 tons or more per year of volatile
6 organic compounds (VOCs).
7 C. For carbon monoxide nonattainment
8 areas (1) that are classified as "serious", and
9 (2) in which stationary sources contribute
10 significantly to carbon monoxide levels as
11 determined under rules issued by USEPA, sources
12 with the potential to emit 50 tons or more per
13 year of carbon monoxide.
14 D. For particulate matter (PM-10)
15 nonattainment areas classified as "serious",
16 sources with the potential to emit 70 tons or
17 more per year of PM-10.
18 3. Agency Authority To Issue CAAPP Permits and Federally
19 Enforceable State Operating Permits.
20 a. The Agency shall issue CAAPP permits under this
21 Section consistent with the Clean Air Act and regulations
22 promulgated thereunder and this Act and regulations
23 promulgated thereunder.
24 b. The Agency shall issue CAAPP permits for fixed
25 terms of 5 years, except CAAPP permits issued for solid
26 waste incineration units combusting municipal waste which
27 shall be issued for fixed terms of 12 years and except
28 CAAPP permits for affected sources for acid deposition
29 which shall be issued for initial terms to expire on
30 December 31, 1999, and for fixed terms of 5 years
31 thereafter.
32 c. The Agency shall have the authority to issue a
33 State operating permit for a source under Section 39(a)
34 of this Act, as amended, and regulations promulgated
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1 thereunder, which includes 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 thereby excluding the source from the CAAPP, when
6 requested by the applicant pursuant to paragraph 5(u) of
7 this Section. The public notice requirements of this
8 Section applicable to CAAPP permits shall also apply to
9 the initial issuance of permits under this paragraph.
10 d. For purposes of this Act, a permit issued by
11 USEPA under Section 505 of the Clean Air Act, as now and
12 hereafter amended, shall be deemed to be a permit issued
13 by the Agency pursuant to Section 39.5 of this Act.
14 4. Transition.
15 a. An owner or operator of a CAAPP source shall not
16 be required to renew an existing State operating permit
17 for any emission unit at such CAAPP source once a CAAPP
18 application timely submitted prior to expiration of the
19 State operating permit has been deemed complete. For
20 purposes other than permit renewal, the obligation upon
21 the owner or operator of a CAAPP source to obtain a State
22 operating permit is not removed upon submittal of the
23 complete CAAPP permit application. An owner or operator
24 of a CAAPP source seeking to make a modification to a
25 source prior to the issuance of its CAAPP permit shall be
26 required to obtain a construction and/or operating permit
27 as required for such modification in accordance with the
28 State permit program under Section 39(a) of this Act, as
29 amended, and regulations promulgated thereunder. The
30 application for such construction and/or operating permit
31 shall be considered an amendment to the CAAPP application
32 submitted for such source.
33 b. An owner or operator of a CAAPP source shall
34 continue to operate in accordance with the terms and
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1 conditions of its applicable State operating permit
2 notwithstanding the expiration of the State operating
3 permit until the source's CAAPP permit has been issued.
4 c. An owner or operator of a CAAPP source shall
5 submit its initial CAAPP application to the Agency no
6 later than 12 months after the effective date of the
7 CAAPP. The Agency may request submittal of initial CAAPP
8 applications during this 12 month period according to a
9 schedule set forth within Agency procedures, however, in
10 no event shall the Agency require such submittal earlier
11 than 3 months after such effective date of the CAAPP. An
12 owner or operator may voluntarily submit its initial
13 CAAPP application prior to the date required within this
14 paragraph or applicable procedures, if any, subsequent to
15 the date the Agency submits the CAAPP to USEPA for
16 approval.
17 d. The Agency shall act on initial CAAPP
18 applications in accordance with subsection 5(j) of this
19 Section.
20 e. For purposes of this Section, the term "initial
21 CAAPP application" shall mean the first CAAPP application
22 submitted for a source existing as of the effective date
23 of the CAAPP.
24 f. The Agency shall provide owners or operators of
25 CAAPP sources with at least three months advance notice
26 of the date on which their applications are required to
27 be submitted. In determining which sources shall be
28 subject to early submittal, the Agency shall include
29 among its considerations the complexity of the permit
30 application, and the burden that such early submittal
31 will have on the source.
32 g. The CAAPP permit shall upon becoming effective
33 supersede the State operating permit.
34 h. The Agency shall have the authority to adopt
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1 procedural rules, in accordance with the Illinois
2 Administrative Procedure Act, as the Agency deems
3 necessary, to implement this subsection.
4 5. Applications and Completeness.
5 a. An owner or operator of a CAAPP source shall
6 submit its complete CAAPP application consistent with the
7 Act and applicable regulations.
8 b. An owner or operator of a CAAPP source shall
9 submit a single complete CAAPP application covering all
10 emission units at that source.
11 c. To be deemed complete, a CAAPP application must
12 provide all information, as requested in Agency
13 application forms, sufficient to evaluate the subject
14 source and its application and to determine all
15 applicable requirements, pursuant to the Clean Air Act,
16 and regulations thereunder, this Act and regulations
17 thereunder. Such Agency application forms shall be
18 finalized and made available prior to the date on which
19 any CAAPP application is required.
20 d. An owner or operator of a CAAPP source shall
21 submit, as part of its complete CAAPP application, a
22 compliance plan, including a schedule of compliance,
23 describing how each emission unit will comply with all
24 applicable requirements. Any such schedule of compliance
25 shall be supplemental to, and shall not sanction
26 noncompliance with, the applicable requirements on which
27 it is based.
28 e. Each submitted CAAPP application shall be
29 certified for truth, accuracy, and completeness by a
30 responsible official in accordance with applicable
31 regulations.
32 f. The Agency shall provide notice to a CAAPP
33 applicant as to whether a submitted CAAPP application is
34 complete. Unless the Agency notifies the applicant of
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1 incompleteness, within 60 days of receipt of the CAAPP
2 application, the application shall be deemed complete.
3 The Agency may request additional information as needed
4 to make the completeness determination. The Agency may
5 to the extent practicable provide the applicant with a
6 reasonable opportunity to correct deficiencies prior to a
7 final determination of completeness.
8 g. If after the determination of completeness the
9 Agency finds that additional information is necessary to
10 evaluate or take final action on the CAAPP application,
11 the Agency may request in writing such information from
12 the source with a reasonable deadline for response.
13 h. If the owner or operator of a CAAPP source
14 submits a timely and complete CAAPP application, the
15 source's failure to have a CAAPP permit shall not be a
16 violation of this Section until the Agency takes final
17 action on the submitted CAAPP application, provided,
18 however, where the applicant fails to submit the
19 requested information under paragraph 5(g) within the
20 time frame specified by the Agency, this protection shall
21 cease to apply.
22 i. Any applicant who fails to submit any relevant
23 facts necessary to evaluate the subject source and its
24 CAAPP application or who has submitted incorrect
25 information in a CAAPP application shall, upon becoming
26 aware of such failure or incorrect submittal, submit
27 supplementary facts or correct information to the Agency.
28 In addition, an applicant shall provide to the Agency
29 additional information as necessary to address any
30 requirements which become applicable to the source
31 subsequent to the date the applicant submitted its
32 complete CAAPP application but prior to release of the
33 draft CAAPP permit.
34 j. The Agency shall issue or deny the CAAPP permit
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1 within 18 months after the date of receipt of the
2 complete CAAPP application, with the following
3 exceptions: (i) permits for affected sources for acid
4 deposition shall be issued or denied within 6 months
5 after receipt of a complete application in accordance
6 with subsection 17 of this Section; (ii) the Agency shall
7 act on initial CAAPP applications within 24 months after
8 the date of receipt of the complete CAAPP application;
9 (iii) the Agency shall act on complete applications
10 containing early reduction demonstrations under Section
11 112(i)(5) of the Clean Air Act within 9 months of receipt
12 of the complete CAAPP application.
13 Where the Agency does not take final action on the
14 permit within the required time period, the permit shall
15 not be deemed issued; rather, the failure to act shall be
16 treated as a final permit action for purposes of judicial
17 review pursuant to Sections 40.2 and 41 of this Act.
18 k. The submittal of a complete CAAPP application
19 shall not affect the requirement that any source have a
20 preconstruction permit under Title I of the Clean Air
21 Act.
22 l. Unless a timely and complete renewal application
23 has been submitted consistent with this subsection, a
24 CAAPP source operating upon the expiration of its CAAPP
25 permit shall be deemed to be operating without a CAAPP
26 permit. Such operation is prohibited under this Act.
27 m. Permits being renewed shall be subject to the
28 same procedural requirements, including those for public
29 participation and federal review and objection, that
30 apply to original permit issuance.
31 n. For purposes of permit renewal, a timely
32 application is one that is submitted no less than 9
33 months prior to the date of permit expiration.
34 o. The terms and conditions of a CAAPP permit shall
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1 remain in effect until the issuance of a CAAPP renewal
2 permit provided a timely and complete CAAPP application
3 has been submitted.
4 p. The owner or operator of a CAAPP source seeking
5 a permit shield pursuant to paragraph 7(j) of this
6 Section shall request such permit shield in the CAAPP
7 application regarding that source.
8 q. The Agency shall make available to the public
9 all documents submitted by the applicant to the Agency,
10 including each CAAPP application, compliance plan
11 (including the schedule of compliance), and emissions or
12 compliance monitoring report, with the exception of
13 information entitled to confidential treatment pursuant
14 to Section 7 of this Act.
15 r. The Agency shall use the standardized forms
16 required under Title IV of the Clean Air Act and
17 regulations promulgated thereunder for affected sources
18 for acid deposition.
19 s. An owner or operator of a CAAPP source may
20 include within its CAAPP application a request for
21 permission to operate during a startup, malfunction, or
22 breakdown consistent with applicable Board regulations.
23 t. An owner or operator of a CAAPP source, in order
24 to utilize the operational flexibility provided under
25 paragraph 7(l) of this Section, must request such use and
26 provide the necessary information within its CAAPP
27 application.
28 u. An owner or operator of a CAAPP source which
29 seeks exclusion from the CAAPP through the imposition of
30 federally enforceable conditions, pursuant to paragraph
31 3(c) of this Section, must request such exclusion within
32 a CAAPP application submitted consistent with this
33 subsection on or after the date that the CAAPP
34 application for the source is due. Prior to such date,
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1 but in no case later than 9 months after the effective
2 date of the CAAPP, such owner or operator may request the
3 imposition of federally enforceable conditions pursuant
4 to paragraph 1.1(b) of this Section.
5 v. CAAPP applications shall contain accurate
6 information on allowable emissions to implement the fee
7 provisions of subsection 18 of this Section.
8 w. An owner or operator of a CAAPP source shall
9 submit within its CAAPP application emissions information
10 regarding all regulated air pollutants emitted at that
11 source consistent with applicable Agency procedures.
12 Emissions information regarding insignificant activities
13 or emission levels, as determined by the Agency pursuant
14 to Board regulations, may be submitted as a list within
15 the CAAPP application. The Agency shall propose
16 regulations to the Board defining insignificant
17 activities or emission levels, consistent with federal
18 regulations, if any, no later than 18 months after the
19 effective date of this amendatory Act of 1992, consistent
20 with Section 112(n)(1) of the Clean Air Act. The Board
21 shall adopt final regulations defining insignificant
22 activities or emission levels no later than 9 months
23 after the date of the Agency's proposal.
24 x. The owner or operator of a new CAAPP source
25 shall submit its complete CAAPP application consistent
26 with this subsection within 12 months after commencing
27 operation of such source. The owner or operator of an
28 existing source that has been excluded from the
29 provisions of this Section under subsection 1.1 or
30 subsection 3(c) of this Section and that becomes subject
31 to the CAAPP solely due to a change in operation at the
32 source shall submit its complete CAAPP application
33 consistent with this subsection at least 180 days before
34 commencing operation in accordance with the change in
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1 operation.
2 y. The Agency shall have the authority to adopt
3 procedural rules, in accordance with the Illinois
4 Administrative Procedure Act, as the Agency deems
5 necessary to implement this subsection.
6 6. Prohibitions.
7 a. It shall be unlawful for any person to violate
8 any terms or conditions of a permit issued under this
9 Section, to operate any CAAPP source except in compliance
10 with a permit issued by the Agency under this Section or
11 to violate any other applicable requirements. All terms
12 and conditions of a permit issued under this Section are
13 enforceable by USEPA and citizens under the Clean Air
14 Act, except those, if any, that are specifically
15 designated as not being federally enforceable in the
16 permit pursuant to paragraph 7(m) of this Section.
17 b. After the applicable CAAPP permit or renewal
18 application submittal date, as specified in subsection 5
19 of this Section, no person shall operate a CAAPP source
20 without a CAAPP permit unless the complete CAAPP permit
21 or renewal application for such source has been timely
22 submitted to the Agency.
23 c. No owner or operator of a CAAPP source shall
24 cause or threaten or allow the continued operation of an
25 emission source during malfunction or breakdown of the
26 emission source or related air pollution control
27 equipment if such operation would cause a violation of
28 the standards or limitations applicable to the source,
29 unless the CAAPP permit granted to the source provides
30 for such operation consistent with this Act and
31 applicable Board regulations.
32 7. Permit Content.
33 a. All CAAPP permits shall contain emission
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1 limitations and standards and other enforceable terms and
2 conditions, including but not limited to operational
3 requirements, and schedules for achieving compliance at
4 the earliest reasonable date, which are or will be
5 required to accomplish the purposes and provisions of
6 this Act and to assure compliance with all applicable
7 requirements.
8 b. The Agency shall include among such conditions
9 applicable monitoring, reporting, record keeping and
10 compliance certification requirements, as authorized by
11 paragraphs d, e, and f of this subsection, that the
12 Agency deems necessary to assure compliance with the
13 Clean Air Act, the regulations promulgated thereunder,
14 this Act, and applicable Board regulations. When
15 monitoring, reporting, record keeping, and compliance
16 certification requirements are specified within the Clean
17 Air Act, regulations promulgated thereunder, this Act, or
18 applicable regulations, such requirements shall be
19 included within the CAAPP permit. The Board shall have
20 authority to promulgate additional regulations where
21 necessary to accomplish the purposes of the Clean Air
22 Act, this Act, and regulations promulgated thereunder.
23 c. The Agency shall assure, within such conditions,
24 the use of terms, test methods, units, averaging periods,
25 and other statistical conventions consistent with the
26 applicable emission limitations, standards, and other
27 requirements contained in the permit.
28 d. To meet the requirements of this subsection with
29 respect to monitoring, the permit shall:
30 i. Incorporate and identify all applicable
31 emissions monitoring and analysis procedures or test
32 methods required under the Clean Air Act,
33 regulations promulgated thereunder, this Act, and
34 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.
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1 ii. Retention of records of all monitoring
2 data and support information for a period of at
3 least 5 years from the date of the monitoring
4 sample, measurement, report, or application.
5 Support information includes all calibration and
6 maintenance records, original strip-chart recordings
7 for continuous monitoring instrumentation, and
8 copies of all reports required by the permit.
9 f. To meet the requirements of this subsection with
10 respect to reporting, the permit shall incorporate and
11 identify all applicable reporting requirements and
12 require the following:
13 i. Submittal of reports of any required
14 monitoring every 6 months. More frequent submittals
15 may be requested by the Agency if such submittals
16 are necessary to assure compliance with this Act or
17 regulations promulgated by the Board thereunder.
18 All instances of deviations from permit requirements
19 must be clearly identified in such reports. All
20 required reports must be certified by a responsible
21 official consistent with subsection 5 of this
22 Section.
23 ii. Prompt reporting of deviations from permit
24 requirements, including those attributable to upset
25 conditions as defined in the permit, the probable
26 cause of such deviations, and any corrective actions
27 or preventive measures taken.
28 g. Each CAAPP permit issued under subsection 10 of
29 this Section shall include a condition prohibiting
30 emissions exceeding any allowances that the source
31 lawfully holds under Title IV of the Clean Air Act or the
32 regulations promulgated thereunder, consistent with
33 subsection 17 of this Section and applicable regulations,
34 if any.
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1 h. All CAAPP permits shall state that, where
2 another applicable requirement of the Clean Air Act is
3 more stringent than any applicable requirement of
4 regulations promulgated under Title IV of the Clean Air
5 Act, both provisions shall be incorporated into the
6 permit and shall be State and federally enforceable.
7 i. Each CAAPP permit issued under subsection 10 of
8 this Section shall include a severability clause to
9 ensure the continued validity of the various permit
10 requirements in the event of a challenge to any portions
11 of the permit.
12 j. The following shall apply with respect to owners
13 or operators requesting a permit shield:
14 i. The Agency shall include in a CAAPP permit,
15 when requested by an applicant pursuant to paragraph
16 5(p) of this Section, a provision stating that
17 compliance with the conditions of the permit shall
18 be deemed compliance with applicable requirements
19 which are applicable as of the date of release of
20 the proposed permit, provided that:
21 A. The applicable requirement is
22 specifically identified within the permit; or
23 B. The Agency in acting on the CAAPP
24 application or revision determines in writing
25 that other requirements specifically identified
26 are not applicable to the source, and the
27 permit includes that determination or a concise
28 summary thereof.
29 ii. The permit shall identify the requirements
30 for which the source is shielded. The shield shall
31 not extend to applicable requirements which are
32 promulgated after the date of release of the
33 proposed permit unless the permit has been modified
34 to reflect such new requirements.
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1 iii. A CAAPP permit which does not expressly
2 indicate the existence of a permit shield shall not
3 provide such a shield.
4 iv. Nothing in this paragraph or in a CAAPP
5 permit shall alter or affect the following:
6 A. The provisions of Section 303
7 (emergency powers) of the Clean Air Act,
8 including USEPA's authority under that section.
9 B. The liability of an owner or operator
10 of a source for any violation of applicable
11 requirements prior to or at the time of permit
12 issuance.
13 C. The applicable requirements of the
14 acid rain program consistent with Section
15 408(a) of the Clean Air Act.
16 D. The ability of USEPA to obtain
17 information from a source pursuant to Section
18 114 (inspections, monitoring, and entry) of the
19 Clean Air Act.
20 k. Each CAAPP permit shall include an emergency
21 provision providing an affirmative defense of emergency
22 to an action brought for noncompliance with
23 technology-based emission limitations under a CAAPP
24 permit if the following conditions are met through
25 properly signed, contemporaneous operating logs, or other
26 relevant evidence:
27 i. An emergency occurred and the permittee can
28 identify the cause(s) of the emergency.
29 ii. The permitted facility was at the time
30 being properly operated.
31 iii. The permittee submitted notice of the
32 emergency to the Agency within 2 working days of the
33 time when emission limitations were exceeded due to
34 the emergency. This notice must contain a detailed
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1 description of the emergency, any steps taken to
2 mitigate emissions, and corrective actions taken.
3 iv. During the period of the emergency the
4 permittee took all reasonable steps to minimize
5 levels of emissions that exceeded the emission
6 limitations, standards, or requirements in the
7 permit.
8 For purposes of this subsection, "emergency" means
9 any situation arising from sudden and reasonably
10 unforeseeable events beyond the control of the source,
11 such as an act of God, that requires immediate corrective
12 action to restore normal operation, and that causes the
13 source to exceed a technology-based emission limitation
14 under the permit, due to unavoidable increases in
15 emissions attributable to the emergency. An emergency
16 shall not include noncompliance to the extent caused by
17 improperly designed equipment, lack of preventative
18 maintenance, careless or improper operation, or operation
19 error.
20 In any enforcement proceeding, the permittee
21 seeking to establish the occurrence of an emergency has
22 the burden of proof. This provision is in addition to
23 any emergency or upset provision contained in any
24 applicable requirement. This provision does not relieve
25 a permittee of any reporting obligations under existing
26 federal or state laws or regulations.
27 l. The Agency shall include in each permit issued
28 under subsection 10 of this Section:
29 i. Terms and conditions for reasonably
30 anticipated operating scenarios identified by the
31 source in its application. The permit terms and
32 conditions for each such operating scenario shall
33 meet all applicable requirements and the
34 requirements of this Section.
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1 A. Under this subparagraph, the source
2 must record in a log at the permitted facility
3 a record of the scenario under which it is
4 operating contemporaneously with making a
5 change from one operating scenario to another.
6 B. The permit shield described in
7 paragraph 7(j) of this Section shall extend to
8 all terms and conditions under each such
9 operating scenario.
10 ii. Where requested by an applicant, all terms
11 and conditions allowing for trading of emissions
12 increases and decreases between different emission
13 units at the CAAPP source, to the extent that the
14 applicable requirements provide for trading of such
15 emissions increases and decreases without a
16 case-by-case approval of each emissions trade. Such
17 terms and conditions:
18 A. Shall include all terms required under
19 this subsection to determine compliance;
20 B. Must meet all applicable requirements;
21 C. Shall extend the permit shield
22 described in paragraph 7(j) of this Section to
23 all terms and conditions that allow such
24 increases and decreases in emissions.
25 m. The Agency shall specifically designate as not
26 being federally enforceable under the Clean Air Act any
27 terms and conditions included in the permit that are not
28 specifically required under the Clean Air Act or federal
29 regulations promulgated thereunder. Terms or conditions
30 so designated shall be subject to all applicable state
31 requirements, except the requirements of subsection 7
32 (other than this paragraph, paragraph q of subsection 7,
33 subsections 8 through 11, and subsections 13 through 16
34 of this Section. The Agency shall, however, include such
SB819 Enrolled -48- LRB9002019DPcc
1 terms and conditions in the CAAPP permit issued to the
2 source.
3 n. Each CAAPP permit issued under subsection 10 of
4 this Section shall specify and reference the origin of
5 and authority for each term or condition, and identify
6 any difference in form as compared to the applicable
7 requirement upon which the term or condition is based.
8 o. Each CAAPP permit issued under subsection 10 of
9 this Section shall include provisions stating the
10 following:
11 i. Duty to comply. The permittee must comply
12 with all terms and conditions of the CAAPP permit.
13 Any permit noncompliance constitutes a violation of
14 the Clean Air Act and the Act, and is grounds for
15 any or all of the following: enforcement action;
16 permit termination, revocation and reissuance, or
17 modification; or denial of a permit renewal
18 application.
19 ii. Need to halt or reduce activity not a
20 defense. It shall not be a defense for a permittee
21 in an enforcement action that it would have been
22 necessary to halt or reduce the permitted activity
23 in order to maintain compliance with the conditions
24 of this permit.
25 iii. Permit actions. The permit may be
26 modified, revoked, reopened, and reissued, or
27 terminated for cause in accordance with the
28 applicable subsections of Section 39.5 of this Act.
29 The filing of a request by the permittee for a
30 permit modification, revocation and reissuance, or
31 termination, or of a notification of planned changes
32 or anticipated noncompliance does not stay any
33 permit condition.
34 iv. Property rights. The permit does not
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1 convey any property rights of any sort, or any
2 exclusive privilege.
3 v. Duty to provide information. The permittee
4 shall furnish to the Agency within a reasonable time
5 specified by the Agency any information that the
6 Agency may request in writing to determine whether
7 cause exists for modifying, revoking and reissuing,
8 or terminating the permit or to determine compliance
9 with the permit. Upon request, the permittee shall
10 also furnish to the Agency copies of records
11 required to be kept by the permit or, for
12 information claimed to be confidential, the
13 permittee may furnish such records directly to USEPA
14 along with a claim of confidentiality.
15 vi. Duty to pay fees. The permittee must pay
16 fees to the Agency consistent with the fee schedule
17 approved pursuant to subsection 18 of this Section,
18 and submit any information relevant thereto.
19 vii. Emissions trading. No permit revision
20 shall be required for increases in emissions allowed
21 under any approved economic incentives, marketable
22 permits, emissions trading, and other similar
23 programs or processes for changes that are provided
24 for in the permit and that are authorized by the
25 applicable requirement.
26 p. Each CAAPP permit issued under subsection 10 of
27 this Section shall contain the following elements with
28 respect to compliance:
29 i. Compliance certification, testing,
30 monitoring, reporting, and record keeping
31 requirements sufficient to assure compliance with
32 the terms and conditions of the permit. Any
33 document (including reports) required by a CAAPP
34 permit shall contain a certification by a
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1 responsible official that meets the requirements of
2 subsection 5 of this Section and applicable
3 regulations.
4 ii. Inspection and entry requirements that
5 necessitate that, upon presentation of credentials
6 and other documents as may be required by law and in
7 accordance with constitutional limitations, the
8 permittee shall allow the Agency, or an authorized
9 representative to perform the following:
10 A. Enter upon the permittee's premises
11 where a CAAPP source is located or
12 emissions-related activity is conducted, or
13 where records must be kept under the conditions
14 of the permit.
15 B. Have access to and copy, at reasonable
16 times, any records that must be kept under the
17 conditions of the permit.
18 C. Inspect at reasonable times any
19 facilities, equipment (including monitoring and
20 air pollution control equipment), practices, or
21 operations regulated or required under the
22 permit.
23 D. Sample or monitor any substances or
24 parameters at any location:
25 1. As authorized by the Clean Air
26 Act, at reasonable times, for the purposes
27 of assuring compliance with the CAAPP
28 permit or applicable requirements; or
29 2. As otherwise authorized by this
30 Act.
31 iii. A schedule of compliance consistent with
32 subsection 5 of this Section and applicable
33 regulations.
34 iv. Progress reports consistent with an
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1 applicable schedule of compliance pursuant to
2 paragraph 5(d) of this Section and applicable
3 regulations to be submitted semiannually, or more
4 frequently if the Agency determines that such more
5 frequent submittals are necessary for compliance
6 with the Act or regulations promulgated by the Board
7 thereunder. Such progress reports shall contain the
8 following:
9 A. Required dates for achieving the
10 activities, milestones, or compliance required
11 by the schedule of compliance and dates when
12 such activities, milestones or compliance were
13 achieved.
14 B. An explanation of why any dates in the
15 schedule of compliance were not or will not be
16 met, and any preventive or corrective measures
17 adopted.
18 v. Requirements for compliance certification
19 with terms and conditions contained in the permit,
20 including emission limitations, standards, or work
21 practices. Permits shall include each of the
22 following:
23 A. The frequency (annually or more
24 frequently as specified in any applicable
25 requirement or by the Agency pursuant to
26 written procedures) of submissions of
27 compliance certifications.
28 B. A means for assessing or monitoring
29 the compliance of the source with its emissions
30 limitations, standards, and work practices.
31 C. A requirement that the compliance
32 certification include the following:
33 1. The identification of each term
34 or condition contained in the permit that
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1 is the basis of the certification.
2 2. The compliance status.
3 3. Whether compliance was continuous
4 or intermittent.
5 4. The method(s) used for
6 determining the compliance status of the
7 source, both currently and over the
8 reporting period consistent with
9 subsection 7 of Section 39.5 of the Act.
10 D. A requirement that all compliance
11 certifications be submitted to USEPA as well as
12 to the Agency.
13 E. Additional requirements as may be
14 specified pursuant to Sections 114(a)(3) and
15 504(b) of the Clean Air Act.
16 F. Other provisions as the Agency may
17 require.
18 q. If the owner or operator of CAAPP source can
19 demonstrate in its CAAPP application, including an
20 application for a significant modification, that an
21 alternative emission limit would be equivalent to that
22 contained in the applicable Board regulations, the Agency
23 shall include the alternative emission limit in the CAAPP
24 permit, which shall supersede supercede the emission
25 limit set forth in the applicable Board regulations, and
26 shall include conditions that insure that the resulting
27 emission limit is quantifiable, accountable, enforceable,
28 and based on replicable procedures.
29 8. Public Notice; Affected State Review.
30 a. The Agency shall provide notice to the public,
31 including an opportunity for public comment and a
32 hearing, on each draft CAAPP permit for issuance, renewal
33 or significant modification, subject to Sections 7(a) and
34 7.1 of this Act.
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1 b. The Agency shall prepare a draft CAAPP permit
2 and a statement that sets forth the legal and factual
3 basis for the draft CAAPP permit conditions, including
4 references to the applicable statutory or regulatory
5 provisions. The Agency shall provide this statement to
6 any person who requests it.
7 c. The Agency shall give notice of each draft CAAPP
8 permit to the applicant and to any affected State on or
9 before the time that the Agency has provided notice to
10 the public, except as otherwise provided in this Act.
11 d. The Agency, as part of its submittal of a
12 proposed permit to USEPA (or as soon as possible after
13 the submittal for minor permit modification procedures
14 allowed under subsection 14 of this Section), shall
15 notify USEPA and any affected State in writing of any
16 refusal of the Agency to accept all of the
17 recommendations for the proposed permit that an affected
18 State submitted during the public or affected State
19 review period. The notice shall include the Agency's
20 reasons for not accepting the recommendations. The
21 Agency is not required to accept recommendations that are
22 not based on applicable requirements or the requirements
23 of this Section.
24 e. The Agency shall make available to the public
25 any CAAPP permit application, compliance plan (including
26 the schedule of compliance), CAAPP permit, and emissions
27 or compliance monitoring report. If an owner or operator
28 of a CAAPP source is required to submit information
29 entitled to protection from disclosure under Section 7(a)
30 or Section 7.1 of this Act, the owner or operator shall
31 submit such information separately. The requirements of
32 Section 7(a) or Section 7.1 of this Act shall apply to
33 such information, which shall not be included in a CAAPP
34 permit unless required by law. The contents of a CAAPP
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1 permit shall not be entitled to protection under Section
2 7(a) or Section 7.1 of this Act.
3 f. The Agency shall have the authority to adopt
4 procedural rules, in accordance with the Illinois
5 Administrative Procedure Act, as the Agency deems
6 necessary, to implement this subsection.
7 9. USEPA Notice and Objection.
8 a. The Agency shall provide to USEPA for its review
9 a copy of each CAAPP application (including any
10 application for permit modification), statement of basis
11 as provided in paragraph 8(b) of this Section, proposed
12 CAAPP permit, CAAPP permit, and, if the Agency does not
13 incorporate any affected State's recommendations on a
14 proposed CAAPP permit, a written statement of this
15 decision and its reasons for not accepting the
16 recommendations, except as otherwise provided in this Act
17 or by agreement with USEPA. To the extent practicable,
18 the preceding information shall be provided in computer
19 readable format compatible with USEPA's national database
20 management system.
21 b. The Agency shall not issue the proposed CAAPP
22 permit if USEPA objects in writing within 45 days of
23 receipt of the proposed CAAPP permit and all necessary
24 supporting information.
25 c. If USEPA objects in writing to the issuance of
26 the proposed CAAPP permit within the 45-day period, the
27 Agency shall respond in writing and may revise and
28 resubmit the proposed CAAPP permit in response to the
29 stated objection, to the extent supported by the record,
30 within 90 days after the date of the objection. Prior to
31 submitting a revised permit to USEPA, the Agency shall
32 provide the applicant and any person who participated in
33 the public comment process, pursuant to subsection 8 of
34 this Section, with a 10-day period to comment on any
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1 revision which the Agency is proposing to make to the
2 permit in response to USEPA's objection in accordance
3 with Agency procedures.
4 d. Any USEPA objection under this subsection,
5 according to the Clean Air Act, will include a statement
6 of reasons for the objection and a description of the
7 terms and conditions that must be in the permit, in order
8 to adequately respond to the objections. Grounds for a
9 USEPA objection include the failure of the Agency to:
10 (1) submit the items and notices required under this
11 subsection; (2) submit any other information necessary to
12 adequately review the proposed CAAPP permit; or (3)
13 process the permit under subsection 8 of this Section
14 except for minor permit modifications.
15 e. If USEPA does not object in writing to issuance
16 of a permit under this subsection, any person may
17 petition USEPA within 60 days after expiration of the
18 45-day review period to make such objection.
19 f. If the permit has not yet been issued and USEPA
20 objects to the permit as a result of a petition, the
21 Agency shall not issue the permit until USEPA's objection
22 has been resolved. The Agency shall provide a 10-day
23 comment period in accordance with paragraph c of this
24 subsection. A petition does not, however, stay the
25 effectiveness of a permit or its requirements if the
26 permit was issued after expiration of the 45-day review
27 period and prior to a USEPA objection.
28 g. If the Agency has issued a permit after
29 expiration of the 45-day review period and prior to
30 receipt of a USEPA objection under this subsection in
31 response to a petition submitted pursuant to paragraph e
32 of this subsection, the Agency may, upon receipt of an
33 objection from USEPA, revise and resubmit the permit to
34 USEPA pursuant to this subsection after providing a
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1 10-day comment period in accordance with paragraph c of
2 this subsection. If the Agency fails to submit a revised
3 permit in response to the objection, USEPA shall modify,
4 terminate or revoke the permit. In any case, the source
5 will not be in violation of the requirement to have
6 submitted a timely and complete application.
7 h. The Agency shall have the authority to adopt
8 procedural rules, in accordance with the Illinois
9 Administrative Procedure Act, as the Agency deems
10 necessary, to implement this subsection.
11 10. Final Agency Action.
12 a. The Agency shall issue a CAAPP permit, permit
13 modification, or permit renewal if all of the following
14 conditions are met:
15 i. The applicant has submitted a complete and
16 certified application for a permit, permit
17 modification, or permit renewal consistent with
18 subsections 5 and 14 of this Section, as applicable,
19 and applicable regulations.
20 ii. The applicant has submitted with its
21 complete application an approvable compliance plan,
22 including a schedule for achieving compliance,
23 consistent with subsection 5 of this Section and
24 applicable regulations.
25 iii. The applicant has timely paid the fees
26 required pursuant to subsection 18 of this Section
27 and applicable regulations.
28 iv. The Agency has received a complete CAAPP
29 application and, if necessary, has requested and
30 received additional information from the applicant
31 consistent with subsection 5 of this Section and
32 applicable regulations.
33 v. The Agency has complied with all applicable
34 provisions regarding public notice and affected
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1 State review consistent with subsection 8 of this
2 Section and applicable regulations.
3 vi. The Agency has provided a copy of each
4 CAAPP application, or summary thereof, pursuant to
5 agreement with USEPA and proposed CAAPP permit
6 required under subsection 9 of this Section to
7 USEPA, and USEPA has not objected to the issuance of
8 the permit in accordance with the Clean Air Act and
9 40 CFR Part 70.
10 b. The Agency shall have the authority to deny a
11 CAAPP permit, permit modification, or permit renewal if
12 the applicant has not complied with the requirements of
13 paragraphs (a)(i)-(a)(iv) of this subsection or if USEPA
14 objects to its issuance.
15 c. i. Prior to denial of a CAAPP permit, permit
16 modification, or permit renewal under this Section,
17 the Agency shall notify the applicant of the
18 possible denial and the reasons for the denial.
19 ii. Within such notice, the Agency shall
20 specify an appropriate date by which the applicant
21 shall adequately respond to the Agency's notice.
22 Such date shall not exceed 15 days from the date the
23 notification is received by the applicant. The
24 Agency may grant a reasonable extension for good
25 cause shown.
26 iii. Failure by the applicant to adequately
27 respond by the date specified in the notification or
28 by any granted extension date shall be grounds for
29 denial of the permit.
30 For purposes of obtaining judicial review under
31 Sections 40.2 and 41 of this Act, the Agency shall
32 provide to USEPA and each applicant, and, upon
33 request, to affected States, any person who
34 participated in the public comment process, and any
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1 other person who could obtain judicial review under
2 Sections 40.2 and 41 of this Act, a copy of each
3 CAAPP permit or notification of denial pertaining to
4 that party.
5 d. The Agency shall have the authority to adopt
6 procedural rules, in accordance with the Illinois
7 Administrative Procedure Act, as the Agency deems
8 necessary, to implement this subsection.
9 11. General Permits.
10 a. The Agency may issue a general permit covering
11 numerous similar sources, except for affected sources for
12 acid deposition unless otherwise provided in regulations
13 promulgated under Title IV of the Clean Air Act.
14 b. The Agency shall identify, in any general
15 permit, criteria by which sources may qualify for the
16 general permit.
17 c. CAAPP sources that would qualify for a general
18 permit must apply for coverage under the terms of the
19 general permit or must apply for a CAAPP permit
20 consistent with subsection 5 of this Section and
21 applicable regulations.
22 d. The Agency shall comply with the public comment
23 and hearing provisions of this Section as well as the
24 USEPA and affected State review procedures prior to
25 issuance of a general permit.
26 e. When granting a subsequent request by a
27 qualifying CAAPP source for coverage under the terms of a
28 general permit, the Agency shall not be required to
29 repeat the public notice and comment procedures. The
30 granting of such request shall not be considered a final
31 permit action for purposes of judicial review.
32 f. The Agency may not issue a general permit to
33 cover any discrete emission unit at a CAAPP source if
34 another CAAPP permit covers emission units at the source.
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1 g. 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 12. Operational Flexibility.
6 a. An owner or operator of a CAAPP source may make
7 changes at the CAAPP source without requiring a prior
8 permit revision, consistent with subparagraphs (a) (i)
9 through (a) (iii) of this subsection, so long as the
10 changes are not modifications under any provision of
11 Title I of the Clean Air Act and they do not exceed the
12 emissions allowable under the permit (whether expressed
13 therein as a rate of emissions or in terms of total
14 emissions), provided that the owner or operator of the
15 CAAPP source provides USEPA and the Agency with written
16 notification as required below in advance of the proposed
17 changes, which shall be a minimum of 7 days, unless
18 otherwise provided by the Agency in applicable
19 regulations regarding emergencies. The owner or operator
20 of a CAAPP source and the Agency shall each attach such
21 notice to their copy of the relevant permit.
22 i. An owner or operator of a CAAPP source may
23 make Section 502 (b) (10) changes without a permit
24 revision, if the changes are not modifications under
25 any provision of Title I of the Clean Air Act and
26 the changes do not exceed the emissions allowable
27 under the permit (whether expressed therein as a
28 rate of emissions or in terms of total emissions).
29 A. For each such change, the written
30 notification required above shall include a
31 brief description of the change within the
32 source, the date on which the change will
33 occur, any change in emissions, and any permit
34 term or condition that is no longer applicable
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1 as a result of the change.
2 B. The permit shield described in
3 paragraph 7(j) of this Section shall not apply
4 to any change made pursuant to this
5 subparagraph.
6 ii. An owner or operator of a CAAPP source may
7 trade increases and decreases in emissions in the
8 CAAPP source, where the applicable implementation
9 plan provides for such emission trades without
10 requiring a permit revision. This provision is
11 available in those cases where the permit does not
12 already provide for such emissions trading.
13 A. Under this subparagraph (a)(ii), the
14 written notification required above shall
15 include such information as may be required by
16 the provision in the applicable implementation
17 plan authorizing the emissions trade, including
18 at a minimum, when the proposed changes will
19 occur, a description of each such change, any
20 change in emissions, the permit requirements
21 with which the source will comply using the
22 emissions trading provisions of the applicable
23 implementation plan, and the pollutants emitted
24 subject to the emissions trade. The notice
25 shall also refer to the provisions in the
26 applicable implementation plan with which the
27 source will comply and provide for the
28 emissions trade.
29 B. The permit shield described in
30 paragraph 7(j) of this Section shall not apply
31 to any change made pursuant to this
32 subparagraph (a) (ii). Compliance with the
33 permit requirements that the source will meet
34 using the emissions trade shall be determined
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1 according to the requirements of the applicable
2 implementation plan authorizing the emissions
3 trade.
4 iii. If requested within a CAAPP application,
5 the Agency shall issue a CAAPP permit which contains
6 terms and conditions, including all terms required
7 under subsection 7 of this Section to determine
8 compliance, allowing for the trading of emissions
9 increases and decreases at the CAAPP source solely
10 for the purpose of complying with a
11 federally-enforceable emissions cap that is
12 established in the permit independent of otherwise
13 applicable requirements. The owner or operator of a
14 CAAPP source shall include in its CAAPP application
15 proposed replicable procedures and permit terms that
16 ensure the emissions trades are quantifiable and
17 enforceable. The permit shall also require
18 compliance with all applicable requirements.
19 A. Under this subparagraph (a)(iii), the
20 written notification required above shall state
21 when the change will occur and shall describe
22 the changes in emissions that will result and
23 how these increases and decreases in emissions
24 will comply with the terms and conditions of
25 the permit.
26 B. The permit shield described in
27 paragraph 7(j) of this Section shall extend to
28 terms and conditions that allow such increases
29 and decreases in emissions.
30 b. An owner or operator of a CAAPP source may make
31 changes that are not addressed or prohibited by the
32 permit, other than those which are subject to any
33 requirements under Title IV of the Clean Air Act or are
34 modifications under any provisions of Title I of the
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1 Clean Air Act, without a permit revision, in accordance
2 with the following requirements:
3 (i) Each such change shall meet all applicable
4 requirements and shall not violate any existing
5 permit term or condition;
6 (ii) Sources must provide contemporaneous
7 written notice to the Agency and USEPA of each such
8 change, except for changes that qualify as
9 insignificant under provisions adopted by the Agency
10 or the Board. Such written notice shall describe
11 each such change, including the date, any change in
12 emissions, pollutants emitted, and any applicable
13 requirement that would apply as a result of the
14 change;
15 (iii) The change shall not qualify for the
16 shield described in paragraph 7(j) of this Section;
17 and
18 (iv) The permittee shall keep a record
19 describing changes made at the source that result in
20 emissions of a regulated air pollutant subject to an
21 applicable Clean Air Act requirement, but not
22 otherwise regulated under the permit, and the
23 emissions resulting from those changes.
24 c. The Agency shall have the authority to adopt
25 procedural rules, in accordance with the Illinois
26 Administrative Procedure Act, as the Agency deems
27 necessary to implement this subsection.
28 13. Administrative Permit Amendments.
29 a. The Agency shall take final action on a request
30 for an administrative permit amendment within 60 days of
31 receipt of the request. Neither notice nor an
32 opportunity for public and affected State comment shall
33 be required for the Agency to incorporate such revisions,
34 provided it designates the permit revisions as having
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1 been made pursuant to this subsection.
2 b. The Agency shall submit a copy of the revised
3 permit to USEPA.
4 c. For purposes of this Section the term
5 "administrative permit amendment" shall be defined as: a
6 permit revision that can accomplish one or more of the
7 changes described below:
8 i. Corrects typographical errors;
9 ii. Identifies a change in the name, address,
10 or phone number of any person identified in the
11 permit, or provides a similar minor administrative
12 change at the source;
13 iii. Requires more frequent monitoring or
14 reporting by the permittee;
15 iv. Allows for a change in ownership or
16 operational control of a source where the Agency
17 determines that no other change in the permit is
18 necessary, provided that a written agreement
19 containing a specific date for transfer of permit
20 responsibility, coverage, and liability between the
21 current and new permittees has been submitted to the
22 Agency;
23 v. Incorporates into the CAAPP permit the
24 requirements from preconstruction review permits
25 authorized under a USEPA-approved program, provided
26 the program meets procedural and compliance
27 requirements substantially equivalent to those
28 contained in this Section;
29 vi. Incorporates into the CAAPP permit revised
30 limitations or other requirements resulting from the
31 application of an approved economic incentives rule,
32 a marketable permits rule or generic emissions
33 trading rule, where these rules have been approved
34 by USEPA and require changes thereunder to meet
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1 procedural requirements substantially equivalent to
2 those specified in this Section; or
3 vii. Any other type of change which USEPA has
4 determined as part of the approved CAAPP permit
5 program to be similar to those included in this
6 subsection.
7 d. The Agency shall, upon taking final action
8 granting a request for an administrative permit
9 amendment, allow coverage by the permit shield in
10 paragraph 7(j) of this Section for administrative permit
11 amendments made pursuant to subparagraph (c)(v) of this
12 subsection which meet the relevant requirements for
13 significant permit modifications.
14 e. Permit revisions and modifications, including
15 administrative amendments and automatic amendments
16 (pursuant to Sections 408(b) and 403(d) of the Clean Air
17 Act or regulations promulgated thereunder), for purposes
18 of the acid rain portion of the permit shall be governed
19 by the regulations promulgated under Title IV of the
20 Clean Air Act. Owners or operators of affected sources
21 for acid deposition shall have the flexibility to amend
22 their compliance plans as provided in the regulations
23 promulgated under Title IV of the Clean Air Act.
24 f. The CAAPP source may implement the changes
25 addressed in the request for an administrative permit
26 amendment immediately upon submittal of the request.
27 g. The Agency shall have the authority to adopt
28 procedural rules, in accordance with the Illinois
29 Administrative Procedure Act, as the Agency deems
30 necessary, to implement this subsection.
31 14. Permit Modifications.
32 a. Minor permit modification procedures.
33 i. The Agency shall review a permit
34 modification using the "minor permit" modification
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1 procedures only for those permit modifications that:
2 A. Do not violate any applicable
3 requirement;
4 B. Do not involve significant changes to
5 existing monitoring, reporting, or
6 recordkeeping requirements in the permit;
7 C. Do not require a case-by-case
8 determination of an emission limitation or
9 other standard, or a source-specific
10 determination of ambient impacts, or a
11 visibility or increment analysis;
12 D. Do not seek to establish or change a
13 permit term or condition for which there is no
14 corresponding underlying requirement and which
15 avoids an applicable requirement to which the
16 source would otherwise be subject. Such terms
17 and conditions include:
18 1. A federally enforceable emissions
19 cap assumed to avoid classification as a
20 modification under any provision of Title
21 I of the Clean Air Act; and
22 2. An alternative emissions limit
23 approved pursuant to regulations
24 promulgated under Section 112(i)(5) of the
25 Clean Air Act;
26 E. Are not modifications under any
27 provision of Title I of the Clean Air Act; and
28 F. Are not required to be processed as a
29 significant modification.
30 ii. Notwithstanding subparagraphs (a)(i) and
31 (b)(ii) of this subsection, minor permit
32 modification procedures may be used for permit
33 modifications involving the use of economic
34 incentives, marketable permits, emissions trading,
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1 and other similar approaches, to the extent that
2 such minor permit modification procedures are
3 explicitly provided for in an applicable
4 implementation plan or in applicable requirements
5 promulgated by USEPA.
6 iii. An applicant requesting the use of minor
7 permit modification procedures shall meet the
8 requirements of subsection 5 of this Section and
9 shall include the following in its application:
10 A. A description of the change, the
11 emissions resulting from the change, and any
12 new applicable requirements that will apply if
13 the change occurs;
14 B. The source's suggested draft permit;
15 C. Certification by a responsible
16 official, consistent with paragraph 5(e) of
17 this Section and applicable regulations, that
18 the proposed modification meets the criteria
19 for use of minor permit modification procedures
20 and a request that such procedures be used; and
21 D. Completed forms for the Agency to use
22 to notify USEPA and affected States as required
23 under subsections 8 and 9 of this Section.
24 iv. Within 5 working days of receipt of a
25 complete permit modification application, the Agency
26 shall notify USEPA and affected States of the
27 requested permit modification in accordance with
28 subsections 8 and 9 of this Section. The Agency
29 promptly shall send any notice required under
30 paragraph 8(d) of this Section to USEPA.
31 v. The Agency may not issue a final permit
32 modification until after the 45-day review period
33 for USEPA or until USEPA has notified the Agency
34 that USEPA will not object to the issuance of the
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1 permit modification, whichever comes first, although
2 the Agency can approve the permit modification prior
3 to that time. Within 90 days of the Agency's
4 receipt of an application under the minor permit
5 modification procedures or 15 days after the end of
6 USEPA's 45-day review period under subsection 9 of
7 this Section, whichever is later, the Agency shall:
8 A. Issue the permit modification as
9 proposed;
10 B. Deny the permit modification
11 application;
12 C. Determine that the requested
13 modification does not meet the minor permit
14 modification criteria and should be reviewed
15 under the significant modification procedures;
16 or
17 D. Revise the draft permit modification
18 and transmit to USEPA the new proposed permit
19 modification as required by subsection 9 of
20 this Section.
21 vi. Any CAAPP source may make the change
22 proposed in its minor permit modification
23 application immediately after it files such
24 application. After the CAAPP source makes the
25 change allowed by the preceding sentence, and until
26 the Agency takes any of the actions specified in
27 subparagraphs (a)(v)(A) through (a)(v)(C) of this
28 subsection, the source must comply with both the
29 applicable requirements governing the change and the
30 proposed permit terms and conditions. During this
31 time period, the source need not comply with the
32 existing permit terms and conditions it seeks to
33 modify. If the source fails to comply with its
34 proposed permit terms and conditions during this
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1 time period, the existing permit terms and
2 conditions which it seeks to modify may be enforced
3 against it.
4 vii. The permit shield under subparagraph 7(j)
5 of this Section may not extend to minor permit
6 modifications.
7 viii. If a construction permit is required,
8 pursuant to Section 39(a) of this Act and
9 regulations thereunder, for a change for which the
10 minor permit modification procedures are applicable,
11 the source may request that the processing of the
12 construction permit application be consolidated with
13 the processing of the application for the minor
14 permit modification. In such cases, the provisions
15 of this Section, including those within subsections
16 5, 8, and 9, shall apply and the Agency shall act on
17 such applications pursuant to subparagraph 14(a)(v).
18 The source may make the proposed change immediately
19 after filing its application for the minor permit
20 modification. Nothing in this subparagraph shall
21 otherwise affect the requirements and procedures
22 applicable to construction permits.
23 b. Group Processing of Minor Permit Modifications.
24 i. Where requested by an applicant within its
25 application, the Agency shall process groups of a
26 source's applications for certain modifications
27 eligible for minor permit modification processing
28 in accordance with the provisions of this paragraph
29 (b).
30 ii. Permit modifications may be processed in
31 accordance with the procedures for group processing,
32 for those modifications:
33 A. Which meet the criteria for minor
34 permit modification procedures under
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1 subparagraph 14(a)(i) of this Section; and
2 B. That collectively are below 10 percent
3 of the emissions allowed by the permit for the
4 emissions unit for which change is requested,
5 20 percent of the applicable definition of
6 major source set forth in subsection 2 of this
7 Section, or 5 tons per year, whichever is
8 least.
9 iii. An applicant requesting the use of group
10 processing procedures shall meet the requirements of
11 subsection 5 of this Section and shall include the
12 following in its application:
13 A. A description of the change, the
14 emissions resulting from the change, and any
15 new applicable requirements that will apply if
16 the change occurs.
17 B. The source's suggested draft permit.
18 C. Certification by a responsible
19 official consistent with paragraph 5(e) of this
20 Section, that the proposed modification meets
21 the criteria for use of group processing
22 procedures and a request that such procedures
23 be used.
24 D. A list of the source's other pending
25 applications awaiting group processing, and a
26 determination of whether the requested
27 modification, aggregated with these other
28 applications, equals or exceeds the threshold
29 set under subparagraph (b)(ii)(B) of this
30 subsection.
31 E. Certification, consistent with
32 paragraph 5(e), that the source has notified
33 USEPA of the proposed modification. Such
34 notification need only contain a brief
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1 description of the requested modification.
2 F. Completed forms for the Agency to use
3 to notify USEPA and affected states as required
4 under subsections 8 and 9 of this Section.
5 iv. On a quarterly basis or within 5 business
6 days of receipt of an application demonstrating that
7 the aggregate of a source's pending applications
8 equals or exceeds the threshold level set forth
9 within subparagraph (b)(ii)(B) of this subsection,
10 whichever is earlier, the Agency shall promptly
11 notify USEPA and affected States of the requested
12 permit modifications in accordance with subsections
13 8 and 9 of this Section. The Agency shall send any
14 notice required under paragraph 8(d) of this Section
15 to USEPA.
16 v. The provisions of subparagraph (a)(v) of
17 this subsection shall apply to modifications
18 eligible for group processing, except that the
19 Agency shall take one of the actions specified in
20 subparagraphs (a)(v)(A) through (a)(v)(D) of this
21 subsection within 180 days of receipt of the
22 application or 15 days after the end of USEPA's
23 45-day review period under subsection 9 of this
24 Section, whichever is later.
25 vi. The provisions of subparagraph (a)(vi) of
26 this subsection shall apply to modifications for
27 group processing.
28 vii. The provisions of paragraph 7(j) of this
29 Section shall not apply to modifications eligible
30 for group processing.
31 c. Significant Permit Modifications.
32 i. Significant modification procedures shall
33 be used for applications requesting significant
34 permit modifications and for those applications that
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1 do not qualify as either minor permit modifications
2 or as administrative permit amendments.
3 ii. Every significant change in existing
4 monitoring permit terms or conditions and every
5 relaxation of reporting or recordkeeping
6 requirements shall be considered significant. A
7 modification shall also be considered significant if
8 in the judgment of the Agency action on an
9 application for modification would require decisions
10 to be made on technically complex issues. Nothing
11 herein shall be construed to preclude the permittee
12 from making changes consistent with this Section
13 that would render existing permit compliance terms
14 and conditions irrelevant.
15 iii. Significant permit modifications must
16 meet all the requirements of this Section, including
17 those for applications (including completeness
18 review), public participation, review by affected
19 States, and review by USEPA applicable to initial
20 permit issuance and permit renewal. The Agency
21 shall take final action on significant permit
22 modifications within 9 months after receipt of a
23 complete application.
24 d. The Agency shall have the authority to adopt
25 procedural rules, in accordance with the Illinois
26 Administrative Procedure Act, as the Agency deems
27 necessary, to implement this subsection.
28 15. Reopenings for Cause by the Agency.
29 a. Each issued CAAPP permit shall include
30 provisions specifying the conditions under which the
31 permit will be reopened prior to the expiration of the
32 permit. Such revisions shall be made as expeditiously as
33 practicable. A CAAPP permit shall be reopened and
34 revised under any of the following circumstances, in
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1 accordance with procedures adopted by the Agency:
2 i. Additional requirements under the Clean Air
3 Act become applicable to a major CAAPP source for
4 which 3 or more years remain on the original term of
5 the permit. Such a reopening shall be completed not
6 later than 18 months after the promulgation of the
7 applicable requirement. No such revision is
8 required if the effective date of the requirement is
9 later than the date on which the permit is due to
10 expire.
11 ii. Additional requirements (including excess
12 emissions requirements) become applicable to an
13 affected source for acid deposition under the acid
14 rain program. Excess emissions offset plans shall
15 be deemed to be incorporated into the permit upon
16 approval by USEPA.
17 iii. The Agency or USEPA determines that the
18 permit contains a material mistake or that
19 inaccurate statements were made in establishing the
20 emissions standards, limitations, or other terms or
21 conditions of the permit.
22 iv. The Agency or USEPA determines that the
23 permit must be revised or revoked to assure
24 compliance with the applicable requirements.
25 b. In the event that the Agency determines that
26 there are grounds for revoking a CAAPP permit, for cause,
27 consistent with paragraph a of this subsection, it shall
28 file a petition before the Board setting forth the basis
29 for such revocation. In any such proceeding, the Agency
30 shall have the burden of establishing that the permit
31 should be revoked under the standards set forth in this
32 Act and the Clean Air Act. Any such proceeding shall be
33 conducted pursuant to the Board's procedures for
34 adjudicatory hearings and the Board shall render its
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1 decision within 120 days of the filing of the petition.
2 The Agency shall take final action to revoke and reissue
3 a CAAPP permit consistent with the Board's order.
4 c. Proceedings regarding a reopened CAAPP permit
5 shall follow the same procedures as apply to initial
6 permit issuance and shall affect only those parts of the
7 permit for which cause to reopen exists.
8 d. Reopenings under paragraph (a) of this
9 subsection shall not be initiated before a notice of such
10 intent is provided to the CAAPP source by the Agency at
11 least 30 days in advance of the date that the permit is
12 to be reopened, except that the Agency may provide a
13 shorter time period in the case of an emergency.
14 e. The Agency shall have the authority to adopt
15 procedural rules, in accordance with the Illinois
16 Administrative Procedure Act, as the Agency deems
17 necessary, to implement this subsection.
18 16. Reopenings for Cause by USEPA.
19 a. When USEPA finds that cause exists to terminate,
20 modify, or revoke and reissue a CAAPP permit pursuant to
21 subsection 15 of this Section, and thereafter notifies
22 the Agency and the permittee of such finding in writing,
23 the Agency shall forward to USEPA and the permittee a
24 proposed determination of termination, modification, or
25 revocation and reissuance as appropriate, in accordance
26 with paragraph b of this subsection. The Agency's
27 proposed determination shall be in accordance with the
28 record, the Clean Air Act, regulations promulgated
29 thereunder, this Act and regulations promulgated
30 thereunder. Such proposed determination shall not affect
31 the permit or constitute a final permit action for
32 purposes of this Act or the Administrative Review Law.
33 The Agency shall forward to USEPA such proposed
34 determination within 90 days after receipt of the
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1 notification from USEPA. If additional time is necessary
2 to submit the proposed determination, the Agency shall
3 request a 90-day extension from USEPA and shall submit
4 the proposed determination within 180 days of receipt of
5 notification from USEPA.
6 b. i. Prior to the Agency's submittal to USEPA
7 of a proposed determination to terminate or revoke
8 and reissue the permit, the Agency shall file a
9 petition before the Board setting forth USEPA's
10 objection, the permit record, the Agency's proposed
11 determination, and the justification for its
12 proposed determination. The Board shall conduct a
13 hearing pursuant to the rules prescribed by Section
14 32 of this Act, and the burden of proof shall be on
15 the Agency.
16 ii. After due consideration of the written and
17 oral statements, the testimony and arguments that
18 shall be submitted at hearing, the Board shall issue
19 and enter an interim order for the proposed
20 determination, which shall set forth all changes, if
21 any, required in the Agency's proposed
22 determination. The interim order shall comply with
23 the requirements for final orders as set forth in
24 Section 33 of this Act. Issuance of an interim order
25 by the Board under this paragraph, however, shall
26 not affect the permit status and does not constitute
27 a final action for purposes of this Act or the
28 Administrative Review Law.
29 iii. The Board shall cause a copy of its
30 interim order to be served upon all parties to the
31 proceeding as well as upon USEPA. The Agency shall
32 submit the proposed determination to USEPA in
33 accordance with the Board's Interim Order within 180
34 days after receipt of the notification from USEPA.
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1 c. USEPA shall review the proposed determination to
2 terminate, modify, or revoke and reissue the permit
3 within 90 days of receipt.
4 i. When USEPA reviews the proposed
5 determination to terminate or revoke and reissue and
6 does not object, the Board shall, within 7 days of
7 receipt of USEPA's final approval, enter the interim
8 order as a final order. The final order may be
9 appealed as provided by Title XI of this Act. The
10 Agency shall take final action in accordance with
11 the Board's final order.
12 ii. When USEPA reviews such proposed
13 determination to terminate or revoke and reissue and
14 objects, the Agency shall submit USEPA's objection
15 and the Agency's comments and recommendation on the
16 objection to the Board and permittee. The Board
17 shall review its interim order in response to
18 USEPA's objection and the Agency's comments and
19 recommendation and issue a final order in accordance
20 with Sections 32 and 33 of this Act. The Agency
21 shall, within 90 days after receipt of such
22 objection, respond to USEPA's objection in
23 accordance with the Board's final order.
24 iii. When USEPA reviews such proposed
25 determination to modify and objects, the Agency
26 shall, within 90 days after receipt of the
27 objection, resolve the objection and modify the
28 permit in accordance with USEPA's objection, based
29 upon the record, the Clean Air Act, regulations
30 promulgated thereunder, this Act, and regulations
31 promulgated thereunder.
32 d. If the Agency fails to submit the proposed
33 determination pursuant to paragraph a of this subsection
34 or fails to resolve any USEPA objection pursuant to
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1 paragraph c of this subsection, USEPA will terminate,
2 modify, or revoke and reissue the permit.
3 e. The Agency shall have the authority to adopt
4 procedural rules, in accordance with the Illinois
5 Administrative Procedure Act, as the Agency deems
6 necessary, to implement this subsection.
7 17. Title IV; Acid Rain Provisions.
8 a. The Agency shall act on initial CAAPP
9 applications for affected sources for acid deposition in
10 accordance with this Section and Title V of the Clean Air
11 Act and regulations promulgated thereunder, except as
12 modified by Title IV of the Clean Air Act and regulations
13 promulgated thereunder. The Agency shall issue initial
14 CAAPP permits to the affected sources for acid deposition
15 which shall become effective no earlier than January 1,
16 1995, and which shall terminate on December 31, 1999, in
17 accordance with this Section. Subsequent CAAPP permits
18 issued to affected sources for acid deposition shall be
19 issued for a fixed term of 5 years. Title IV of the Clean
20 Air Act and regulations promulgated thereunder, including
21 but not limited to 40 C.F.R. Part 72, as now or hereafter
22 amended, are applicable to and enforceable under this
23 Act.
24 b. A designated representative of an affected
25 source for acid deposition shall submit a timely and
26 complete Phase II acid rain permit application and
27 compliance plan to the Agency, not later than January 1,
28 1996, that meets the requirements of Titles IV and V of
29 the Clean Air Act and regulations. The Agency shall act
30 on the Phase II acid rain permit application and
31 compliance plan in accordance with this Section and Title
32 V of the Clean Air Act and regulations promulgated
33 thereunder, except as modified by Title IV of the Clean
34 Air Act and regulations promulgated thereunder. The
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1 Agency shall issue the Phase II acid rain permit to an
2 affected source for acid deposition no later than
3 December 31, 1997, which shall become effective on
4 January 1, 2000, in accordance with this Section, except
5 as modified by Title IV and regulations promulgated
6 thereunder; provided that the designated representative
7 of the source submitted a timely and complete Phase II
8 permit application and compliance plan to the Agency that
9 meets the requirements of Title IV and V of the Clean Air
10 Act and regulations.
11 c. Each Phase II acid rain permit issued in
12 accordance with this subsection shall have a fixed term
13 of 5 years. Except as provided in paragraph b above, the
14 Agency shall issue or deny a Phase II acid rain permit
15 within 18 months of receiving a complete Phase II permit
16 application and compliance plan.
17 d. A designated representative of a new unit, as
18 defined in Section 402 of the Clean Air Act, shall submit
19 a timely and complete Phase II acid rain permit
20 application and compliance plan that meets the
21 requirements of Titles IV and V of the Clean Air Act and
22 its regulations. The Agency shall act on the new unit's
23 Phase II acid rain permit application and compliance plan
24 in accordance with this Section and Title V of the Clean
25 Air Act and its regulations, except as modified by Title
26 IV of the Clean Air Act and its regulations. The Agency
27 shall reopen the new unit's CAAPP permit for cause to
28 incorporate the approved Phase II acid rain permit in
29 accordance with this Section. The Phase II acid rain
30 permit for the new unit shall become effective no later
31 than the date required under Title IV of the Clean Air
32 Act and its regulations.
33 e. A designated representative of an affected
34 source for acid deposition shall submit a timely and
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1 complete Title IV NOx permit application to the Agency,
2 not later than January 1, 1998, that meets the
3 requirements of Titles IV and V of the Clean Air Act and
4 its regulations. The Agency shall reopen the Phase II
5 acid rain permit for cause and incorporate the approved
6 NOx provisions into the Phase II acid rain permit not
7 later than January 1, 1999, in accordance with this
8 Section, except as modified by Title IV of the Clean Air
9 Act and regulations promulgated thereunder. Such
10 reopening shall not affect the term of the Phase II acid
11 rain permit.
12 f. The designated representative of the affected
13 source for acid deposition shall renew the initial CAAPP
14 permit and Phase II acid rain permit in accordance with
15 this Section and Title V of the Clean Air Act and
16 regulations promulgated thereunder, except as modified by
17 Title IV of the Clean Air Act and regulations promulgated
18 thereunder.
19 g. In the case of an affected source for acid
20 deposition for which a complete Phase II acid rain permit
21 application and compliance plan are timely received under
22 this subsection, the complete permit application and
23 compliance plan, including amendments thereto, shall be
24 binding on the owner, operator and designated
25 representative, all affected units for acid deposition at
26 the affected source, and any other unit, as defined in
27 Section 402 of the Clean Air Act, governed by the Phase
28 II acid rain permit application and shall be enforceable
29 as an acid rain permit for purposes of Titles IV and V of
30 the Clean Air Act, from the date of submission of the
31 acid rain permit application until a Phase II acid rain
32 permit is issued or denied by the Agency.
33 h. The Agency shall not include or implement any
34 measure which would interfere with or modify the
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1 requirements of Title IV of the Clean Air Act or
2 regulations promulgated thereunder.
3 i. Nothing in this Section shall be construed as
4 affecting allowances or USEPA's decision regarding an
5 excess emissions offset plan, as set forth in Title IV of
6 the Clean Air Act or regulations promulgated thereunder.
7 i. No permit revision shall be required for
8 increases in emissions that are authorized by
9 allowances acquired pursuant to the acid rain
10 program, provided that such increases do not require
11 a permit revision under any other applicable
12 requirement.
13 ii. No limit shall be placed on the number of
14 allowances held by the source. The source may not,
15 however, use allowances as a defense to
16 noncompliance with any other applicable requirement.
17 iii. Any such allowance shall be accounted for
18 according to the procedures established in
19 regulations promulgated under Title IV of the Clean
20 Air Act.
21 j. To the extent that the federal regulations
22 promulgated under Title IV, including but not limited to
23 40 C.F.R. Part 72, as now or hereafter amended, are
24 inconsistent with the federal regulations promulgated
25 under Title V, the federal regulations promulgated under
26 Title IV shall take precedence.
27 k. The USEPA may intervene as a matter of right in
28 any permit appeal involving a Phase II acid rain permit
29 provision or denial of a Phase II acid rain permit.
30 l. It is unlawful for any owner or operator to
31 violate any terms or conditions of a Phase II acid rain
32 permit issued under this subsection, to operate any
33 affected source for acid deposition except in compliance
34 with a Phase II acid rain permit issued by the Agency
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1 under this subsection, or to violate any other applicable
2 requirements.
3 m. The designated representative of an affected
4 source for acid deposition shall submit to the Agency the
5 data and information submitted quarterly to USEPA,
6 pursuant to 40 CFR 75.64, concurrently with the
7 submission to USEPA. The submission shall be in the same
8 electronic format as specified by USEPA.
9 n. The Agency shall act on any petition for
10 exemption of a new unit or retired unit, as those terms
11 are defined in Section 402 of the Clean Air Act, from the
12 requirements of the acid rain program in accordance with
13 Title IV of the Clean Air Act and its regulations.
14 o. The Agency shall have the authority to adopt
15 procedural rules, in accordance with the Illinois
16 Administrative Procedure Act, as the Agency deems
17 necessary to implement this subsection.
18 18. Fee Provisions.
19 a. For each 12 month period after the date on which
20 the USEPA approves or conditionally approves the CAAPP,
21 but in no event prior to January 1, 1994, a source
22 subject to this Section or excluded under subsection 1.1
23 or paragraph 3(c) of this Section, shall pay a fee as
24 provided in this part (a) of this subsection 18.
25 However, a source that has been excluded from the
26 provisions of this Section under subsection 1.1 or
27 paragraph 3(c) of this Section because the source emits
28 less than 25 tons per year of any combination of
29 regulated air pollutants shall pay fees in accordance
30 with paragraph (1) of subsection (b) of Section 9.6.
31 i. The fee for a source allowed to emit less
32 than 100 tons per year of any combination of
33 regulated air pollutants shall be $1,000 per year.
34 ii. The fee for a source allowed to emit 100
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1 tons or more per year of any combination of
2 regulated air pollutants, except for those regulated
3 air pollutants excluded in paragraph 18(f) of this
4 subsection, shall be as follows:
5 A. The Agency shall assess an annual fee
6 of $13.50 per ton for the allowable emissions
7 of all regulated air pollutants at that source
8 during the term of the permit. These fees
9 shall be used by the Agency and the Board to
10 fund the activities required by Title V of the
11 Clean Air Act including such activities as may
12 be carried out by other State or local agencies
13 pursuant to paragraph (d) of this subsection.
14 The amount of such fee shall be based on the
15 information supplied by the applicant in its
16 complete CAAPP permit application or in the
17 CAAPP permit if the permit has been granted and
18 shall be determined by the amount of emissions
19 that the source is allowed to emit annually,
20 provided however, that no source shall be
21 required to pay an annual fee in excess of
22 $100,000. The Agency shall provide as part of
23 the permit application form required under
24 subsection 5 of this Section a separate fee
25 calculation form which will allow the applicant
26 to identify the allowable emissions and
27 calculate the fee for the term of the permit.
28 In no event shall the Agency raise the amount
29 of allowable emissions requested by the
30 applicant unless such increases are required to
31 demonstrate compliance with terms of a CAAPP
32 permit.
33 Notwithstanding the above, any applicant
34 may seek a change in its permit which would
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1 result in increases in allowable emissions due
2 to an increase in the hours of operation or
3 production rates of an emission unit or units
4 and such a change shall be consistent with the
5 construction permit requirements of the
6 existing State permit program, under Section
7 39(a) of this Act and applicable provisions of
8 this Section. Where a construction permit is
9 required, the Agency shall expeditiously grant
10 such construction permit and shall, if
11 necessary, modify the CAAPP permit based on the
12 same application.
13 B. Except for the first year of the
14 CAAPP, the applicant or permittee may pay the
15 fee annually or semiannually for those fees
16 greater than $5,000.
17 b. For fiscal year 1999 1996 and each fiscal year
18 thereafter, to the extent that permit fees collected and
19 deposited in the CAA Permit Fund during that fiscal year
20 exceed 115% of the actual expenditures (excluding permit
21 fee reimbursements) from the CAA Permit Fund for that
22 fiscal year (including lapse period spending), the excess
23 shall be reimbursed to the permittees in proportion to
24 their original fee payments. Such reimbursements shall
25 be made during the next fiscal year and may be made in
26 the form of a credit against that fiscal year's permit
27 fee.
28 c. There shall be created a CAA Fee Panel of 5
29 persons. The Panel shall:
30 i. If it deems necessary on an annual basis,
31 render advisory opinions to the Agency and the
32 General Assembly regarding the appropriate level of
33 Title V Clean Air Act fees for the next fiscal year.
34 Such advisory opinions shall be based on a study of
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1 the operations of the Agency and any other entity
2 requesting appropriations from the CAA Permit Fund.
3 This study shall recommend changes in the fee
4 structure, if warranted. The study will be based on
5 the ability of the Agency or other entity to
6 effectively utilize the funds generated as well as
7 the entity's conformance with the objectives and
8 measurable benchmarks identified by the Agency as
9 justification for the prior year's fee. Such
10 advisory opinions shall be submitted to the
11 appropriation committees no later than April 15th of
12 each year.
13 ii. Not be compensated for their services, but
14 shall receive reimbursement for their expenses.
15 iii. Be appointed as follows: 4 members by
16 the Director of the Agency from a list of no more
17 than 8 persons, submitted by representatives of
18 associations who represent facilities subject to the
19 provisions of this subsection and the Director of
20 the Agency or designee.
21 d. There is hereby created in the State Treasury a
22 special fund to be known as the "CAA Permit Fund". All
23 Funds collected by the Agency pursuant to this subsection
24 shall be deposited into the Fund. The General Assembly
25 shall appropriate monies from this Fund to the Agency and
26 to the Board to carry out their obligations under this
27 Section. The General Assembly may also authorize monies
28 to be granted by the Agency from this Fund to other State
29 and local agencies which perform duties related to the
30 CAAPP. Interest generated on the monies deposited in this
31 Fund shall be returned to the Fund. The General Assembly
32 may appropriate up to the sum of $25,000 to the Agency
33 from the CAA Permit Fund for use by the Panel in carrying
34 out its responsibilities under this subsection.
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1 e. The Agency shall have the authority to adopt
2 procedural rules, in accordance with the Illinois
3 Administrative Procedure Act, as the Agency deems
4 necessary to implement this subsection.
5 f. For purposes of this subsection, the term
6 "regulated air pollutant" shall have the meaning given to
7 it under subsection 1 of this Section but shall exclude
8 the following:
9 i. carbon monoxide;
10 ii. any Class I or II substance which is a
11 regulated air pollutant solely because it is listed
12 pursuant to Section 602 of the Clean Air Act;
13 iii. any pollutant that is a regulated air
14 pollutant solely because it is subject to a standard
15 or regulation under Section 112(r) of the Clean Air
16 Act based on the emissions allowed in the permit
17 effective in that calendar year, at the time the
18 applicable bill is generated; and
19 iv. during the years 1995 through 1999
20 inclusive, any emissions from affected sources for
21 acid deposition under Section 408(c)(4) of the Clean
22 Air Act.
23 19. Air Toxics Provisions.
24 a. In the event that the USEPA fails to promulgate
25 in a timely manner a standard pursuant to Section 112(d)
26 of the Clean Air Act, the Agency shall have the authority
27 to issue permits, pursuant to Section 112(j) of the Clean
28 Air Act and regulations promulgated thereunder, which
29 contain emission limitations which are equivalent to the
30 emission limitations that would apply to a source if an
31 emission standard had been promulgated in a timely manner
32 by USEPA pursuant to Section 112(d). Provided, however,
33 that the owner or operator of a source shall have the
34 opportunity to submit to the Agency a proposed emission
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1 limitation which it determines to be equivalent to the
2 emission limitations that would apply to such source if
3 an emission standard had been promulgated in a timely
4 manner by USEPA. If the Agency refuses to include the
5 emission limitation proposed by the owner or operator in
6 a CAAPP permit, the owner or operator may petition the
7 Board to establish whether the emission limitation
8 proposal submitted by the owner or operator provides for
9 emission limitations which are equivalent to the emission
10 limitations that would apply to the source if the
11 emission standard had been promulgated by USEPA in a
12 timely manner. The Board shall determine whether the
13 emission limitation proposed by the owner or operator or
14 an alternative emission limitation proposed by the Agency
15 provides for the level of control required under Section
16 112 of the Clean Air Act, or shall otherwise establish an
17 appropriate emission limitation, pursuant to Section 112
18 of the Clean Air Act.
19 b. Any Board proceeding brought under paragraph (a)
20 or (e) of this subsection shall be conducted according to
21 the Board's procedures for adjudicatory hearings and the
22 Board shall render its decision within 120 days of the
23 filing of the petition. Any such decision shall be
24 subject to review pursuant to Section 41 of this Act.
25 Where USEPA promulgates an applicable emission standard
26 prior to the issuance of the CAAPP permit, the Agency
27 shall include in the permit the promulgated standard,
28 provided that the source shall have the compliance period
29 provided under Section 112(i) of the Clean Air Act. Where
30 USEPA promulgates an applicable standard subsequent to
31 the issuance of the CAAPP permit, the Agency shall revise
32 such permit upon the next renewal to reflect the
33 promulgated standard, providing a reasonable time for the
34 applicable source to comply with the standard, but no
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1 longer than 8 years after the date on which the source is
2 first required to comply with the emissions limitation
3 established under this subsection.
4 c. The Agency shall have the authority to implement
5 and enforce complete or partial emission standards
6 promulgated by USEPA pursuant to Section 112(d), and
7 standards promulgated by USEPA pursuant to Sections
8 112(f), 112(h), 112(m), and 112(n), and may accept
9 delegation of authority from USEPA to implement and
10 enforce Section 112(l) and requirements for the
11 prevention and detection of accidental releases pursuant
12 to Section 112(r) of the Clean Air Act.
13 d. The Agency shall have the authority to issue
14 permits pursuant to Section 112(i)(5) of the Clean Air
15 Act.
16 e. The Agency has the authority to implement
17 Section 112(g) of the Clean Air Act consistent with the
18 Clean Air Act and federal regulations promulgated
19 thereunder. If the Agency refuses to include the emission
20 limitations proposed in an application submitted by an
21 owner or operator for a case-by-case maximum achievable
22 control technology (MACT) determination, the owner or
23 operator may petition the Board to determine whether the
24 emission limitation proposed by the owner or operator or
25 an alternative emission limitation proposed by the Agency
26 provides for a level of control required by Section 112
27 of the Clean Air Act, or to otherwise establish an
28 appropriate emission limitation under Section 112 of the
29 Clean Air Act.
30 20. Small Business.
31 a. For purposes of this subsection:
32 "Program" is the Small Business Stationary Source
33 Technical and Environmental Compliance Assistance Program
34 created within this State pursuant to Section 507 of the
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1 Clean Air Act and guidance promulgated thereunder, to
2 provide technical assistance and compliance information
3 to small business stationary sources;
4 "Small Business Assistance Program" is a component
5 of the Program responsible for providing sufficient
6 communications with small businesses through the
7 collection and dissemination of information to small
8 business stationary sources; and
9 "Small Business Stationary Source" means a
10 stationary source that:
11 1. is owned or operated by a person that
12 employs 100 or fewer individuals;
13 2. is a small business concern as defined in
14 the "Small Business Act";
15 3. is not a major source as that term is
16 defined in subsection 2 of this Section;
17 4. does not emit 50 tons or more per year of
18 any regulated air pollutant; and
19 5. emits less than 75 tons per year of all
20 regulated pollutants.
21 b. The Agency shall adopt and submit to USEPA,
22 after reasonable notice and opportunity for public
23 comment, as a revision to the Illinois state
24 implementation plan, plans for establishing the Program.
25 c. The Agency shall have the authority to enter
26 into such contracts and agreements as the Agency deems
27 necessary to carry out the purposes of this subsection.
28 d. The Agency may establish such procedures as it
29 may deem necessary for the purposes of implementing and
30 executing its responsibilities under this subsection.
31 e. There shall be appointed a Small Business
32 Ombudsman (hereinafter in this subsection referred to as
33 "Ombudsman") to monitor the Small Business Assistance
34 Program. The Ombudsman shall be a nonpartisan designated
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1 official, with the ability to independently assess
2 whether the goals of the Program are being met.
3 f. The State Ombudsman Office shall be located in
4 an existing Ombudsman office within the State or in any
5 State Department.
6 g. There is hereby created a State Compliance
7 Advisory Panel (hereinafter in this subsection referred
8 to as "Panel") for determining the overall effectiveness
9 of the Small Business Assistance Program within this
10 State.
11 h. The selection of Panel members shall be by the
12 following method:
13 1. The Governor shall select two members who
14 are not owners or representatives of owners of small
15 business stationary sources to represent the general
16 public;
17 2. The Director of the Agency shall select one
18 member to represent the Agency; and
19 3. The State Legislature shall select four
20 members who are owners or representatives of owners
21 of small business stationary sources. Both the
22 majority and minority leadership in both Houses of
23 the Legislature shall appoint one member of the
24 panel.
25 i. Panel members should serve without compensation
26 but will receive full reimbursement for expenses
27 including travel and per diem as authorized within this
28 State.
29 j. The Panel shall select its own Chair by a
30 majority vote. The Chair may meet and consult with the
31 Ombudsman and the head of the Small Business Assistance
32 Program in planning the activities for the Panel.
33 21. Temporary Sources.
34 a. The Agency may issue a single permit authorizing
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1 emissions from similar operations by the same source
2 owner or operator at multiple temporary locations, except
3 for sources which are affected sources for acid
4 deposition under Title IV of the Clean Air Act.
5 b. The applicant must demonstrate that the
6 operation is temporary and will involve at least one
7 change of location during the term of the permit.
8 c. Any such permit shall meet all applicable
9 requirements of this Section and applicable regulations,
10 and include conditions assuring compliance with all
11 applicable requirements at all authorized locations and
12 requirements that the owner or operator notify the Agency
13 at least 10 days in advance of each change in location.
14 22. Solid Waste Incineration Units.
15 a. A CAAPP permit for a solid waste incineration
16 unit combusting municipal waste subject to standards
17 promulgated under Section 129(e) of the Clean Air Act
18 shall be issued for a period of 12 years and shall be
19 reviewed every 5 years, unless the Agency requires more
20 frequent review through Agency procedures.
21 b. During the review in paragraph (a) of this
22 subsection, the Agency shall fully review the previously
23 submitted CAAPP permit application and corresponding
24 reports subsequently submitted to determine whether the
25 source is in compliance with all applicable requirements.
26 c. If the Agency determines that the source is not
27 in compliance with all applicable requirements it shall
28 revise the CAAPP permit as appropriate.
29 d. 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 (Source: P.A. 88-464; 88-668, eff. 9-16-94; 89-79, eff.
34 6-30-95.)
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.