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Public Act 094-0580 |
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AN ACT concerning environmental protection.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Environmental Protection Act is amended by | ||||
changing
Sections 25b-3, 25b-4, 39.5 and 42 as follows:
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(415 ILCS 5/25b-3) (from Ch. 111 1/2, par. 1025b-3)
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Sec. 25b-3. In cooperation with the United States | ||||
Environmental Protection Agency, the
The Agency shall provide
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establish and maintain in a
computer data base an Illinois | ||||
Toxic Chemical Inventory. The
Inventory shall be based on the | ||||
information submitted to the
Agency on the toxic chemical | ||||
release forms filed pursuant to
Section 313 of the federal | ||||
Emergency Planning and Community Right-to-know Act of 1986
this | ||||
Title and may include, to the extent practicable, any other
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information on emissions, discharges, source reduction
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activities, and recycling of toxic contaminants
submitted to | ||||
the Agency pursuant to this Act. The Agency shall
maintain the | ||||
data in the Inventory by individual facility and
company name, | ||||
standard industrial classification, type of chemical,
and | ||||
geographic location.
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(Source: P.A. 87-1213.)
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(415 ILCS 5/25b-4) (from Ch. 111 1/2, par. 1025b-4)
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Sec. 25b-4. On or before September 1 of each year
January | ||||
1, 1989, and by each April 1 thereafter , the
Agency shall | ||||
publish an annual toxic chemical report. Such report shall
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summarize the information on releases of toxic chemicals into | ||||
the
environment and the source reduction and recycling of toxic | ||||
chemicals
contained in the toxic chemical release
report forms | ||||
filed with the
Agency pursuant to Section 313 of the federal | ||||
Emergency Planning and Community Right-to-know Act of 1986
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25b-2 and any other information contained in the
Illinois Toxic |
Chemical Inventory. Such report, at a minimum, shall
contain | ||
information on the types and quantities of toxic chemicals
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discharged, emitted or disposed into the environment in | ||
Illinois, the
types and quantities of toxic chemicals recycled | ||
or reduced at the source in
Illinois,
and a summary of such | ||
data by county or region and type of business. The
Agency shall | ||
send copies of such annual report to the chief executive
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officer of each county in the State, to local public health | ||
departments, and
to members of the General Assembly.
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(Source: P.A. 87-1213.)
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(415 ILCS 5/39.5) (from Ch. 111 1/2, par. 1039.5)
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Sec. 39.5. Clean Air Act Permit Program.
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1. Definitions.
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For purposes of this Section:
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"Administrative permit amendment" means a permit revision | ||
subject to
subsection 13 of this Section.
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"Affected source for acid deposition" means a source that | ||
includes one or
more affected units under Title IV of the Clean | ||
Air Act.
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"Affected States" for purposes of formal distribution of a | ||
draft CAAPP permit
to other States for comments prior to | ||
issuance, means all States:
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(1) Whose air quality may be affected by the source | ||
covered by the draft
permit and that are contiguous to | ||
Illinois; or
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(2) That are within 50 miles of the source.
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"Affected unit for acid deposition" shall have the meaning | ||
given to the term
"affected unit" in the regulations | ||
promulgated under Title IV of the Clean Air
Act.
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"Applicable Clean Air Act requirement" means all of the | ||
following as they
apply to emissions units in a source | ||
(including regulations that have been
promulgated or approved | ||
by USEPA pursuant to the Clean Air Act which directly
impose | ||
requirements upon a source and other such federal requirements | ||
which
have been adopted by the Board. These may include |
requirements and regulations
which have future effective | ||
compliance dates. Requirements and regulations
will be exempt | ||
if USEPA determines that such requirements need not be | ||
contained
in a Title V permit):
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(1) Any standard or other requirement provided for in | ||
the applicable state
implementation plan approved or | ||
promulgated by USEPA under Title I of the Clean
Air Act | ||
that implement the relevant requirements of the Clean Air | ||
Act,
including any revisions to the state Implementation | ||
Plan promulgated in 40 CFR
Part 52, Subparts A and O and | ||
other subparts applicable to Illinois. For
purposes of this | ||
subsection (1) of this definition, "any standard or other
| ||
requirement" shall mean only such standards or | ||
requirements directly
enforceable against an individual | ||
source under the Clean Air Act.
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(2)(i) Any term or condition of any preconstruction | ||
permits issued
pursuant to regulations approved or | ||
promulgated by USEPA under Title I of the
Clean Air | ||
Act, including Part C or D of the Clean Air Act.
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(ii) Any term or condition as required pursuant to | ||
Section 39.5 of any
federally enforceable State | ||
operating permit issued pursuant to regulations
| ||
approved or promulgated by USEPA under Title I of the | ||
Clean Air Act, including
Part C or D of the Clean Air | ||
Act.
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(3) Any standard or other requirement under Section 111 | ||
of the Clean Air
Act, including Section 111(d).
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(4) Any standard or other requirement under Section 112 | ||
of the Clean Air
Act, including any requirement concerning | ||
accident prevention under Section
112(r)(7) of the Clean | ||
Air Act.
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(5) Any standard or other requirement of the acid rain | ||
program under Title
IV of the Clean Air Act or the | ||
regulations promulgated thereunder.
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(6) Any requirements established pursuant to Section | ||
504(b) or Section
114(a)(3) of the Clean Air Act.
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(7) Any standard or other requirement governing solid | ||
waste incineration,
under Section 129 of the Clean Air Act.
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(8) Any standard or other requirement for consumer and | ||
commercial
products, under Section 183(e) of the Clean Air | ||
Act.
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(9) Any standard or other requirement for tank vessels, | ||
under Section
183(f) of the Clean Air Act.
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(10) Any standard or other requirement of the program | ||
to control air
pollution from Outer Continental Shelf | ||
sources, under Section 328 of the Clean
Air Act.
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(11) Any standard or other requirement of the | ||
regulations promulgated to
protect stratospheric ozone | ||
under Title VI of the Clean Air Act, unless USEPA
has | ||
determined that such requirements need not be contained in | ||
a Title V
permit.
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(12) Any national ambient air quality standard or | ||
increment or visibility
requirement under Part C of Title I | ||
of the Clean Air Act, but only as it would
apply to | ||
temporary sources permitted pursuant to Section 504(e) of | ||
the Clean
Air Act.
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"Applicable requirement" means all applicable Clean Air | ||
Act requirements and
any other standard, limitation, or other | ||
requirement contained in this Act or
regulations promulgated | ||
under this Act as applicable to sources of air
contaminants | ||
(including requirements that have future effective compliance
| ||
dates).
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"CAAPP" means the Clean Air Act Permit Program, developed | ||
pursuant to Title V
of the Clean Air Act.
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"CAAPP application" means an application for a CAAPP | ||
permit.
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"CAAPP Permit" or "permit" (unless the context suggests | ||
otherwise) means any
permit issued, renewed, amended, modified | ||
or revised pursuant to Title V of the
Clean Air Act.
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"CAAPP source" means any source for which the owner or | ||
operator is required
to obtain a CAAPP permit pursuant to | ||
subsection 2 of this Section.
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"Clean Air Act" means the Clean Air Act, as now and | ||
hereafter amended, 42
U.S.C. 7401, et seq.
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"Designated representative" shall have the meaning given | ||
to it in Section
402(26) of the Clean Air Act and the | ||
regulations promulgated thereunder which
states that the term | ||
'designated representative' shall mean a responsible
person or | ||
official authorized by the owner or operator of a unit to | ||
represent
the owner or operator in all matters pertaining to | ||
the holding, transfer, or
disposition of allowances allocated | ||
to a unit, and the submission of and
compliance with permits, | ||
permit applications, and compliance plans for the
unit.
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"Draft CAAPP permit" means the version of a CAAPP permit | ||
for which public
notice and an opportunity for public comment | ||
and hearing is offered by the
Agency.
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"Effective date of the CAAPP" means the date that USEPA | ||
approves Illinois'
CAAPP.
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"Emission unit" means any part or activity of a stationary | ||
source that emits
or has the potential to emit any air | ||
pollutant. This term is not meant to
alter or affect the | ||
definition of the term "unit" for purposes of Title IV of
the | ||
Clean Air Act.
| ||
"Federally enforceable" means enforceable by USEPA.
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"Final permit action" means the Agency's granting with | ||
conditions, refusal to
grant, renewal of, or revision of a | ||
CAAPP permit, the Agency's determination of
incompleteness of a | ||
submitted CAAPP application, or the Agency's failure to act
on | ||
an application for a permit, permit renewal, or permit revision | ||
within the
time specified in paragraph 5(j), subsection 13, or | ||
subsection 14 of this
Section.
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"General permit" means a permit issued to cover numerous | ||
similar sources in
accordance with subsection 11 of this | ||
Section.
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"Major source" means a source for which emissions of one or | ||
more air
pollutants meet the criteria for major status pursuant | ||
to paragraph 2(c) of
this Section.
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"Maximum achievable control technology" or "MACT" means |
the maximum degree of
reductions in emissions deemed achievable | ||
under Section 112 of the Clean
Air Act.
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"Owner or operator" means any person who owns, leases, | ||
operates, controls, or
supervises a stationary source.
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"Permit modification" means a revision to a CAAPP permit | ||
that cannot be
accomplished under the provisions for | ||
administrative permit amendments under
subsection 13 of this
| ||
Section.
| ||
"Permit revision" means a permit modification or | ||
administrative permit
amendment.
| ||
"Phase II" means the period of the national acid rain | ||
program,
established under Title IV of the Clean Air Act, | ||
beginning January 1,
2000, and continuing thereafter.
| ||
"Phase II acid rain permit" means the portion of a CAAPP | ||
permit issued,
renewed, modified, or revised by the Agency | ||
during Phase II for an affected
source for acid deposition.
| ||
"Potential to emit" means the maximum capacity of a | ||
stationary source to emit
any air pollutant under its physical | ||
and operational design. Any physical or
operational limitation | ||
on the capacity of a source to emit an air pollutant,
including | ||
air pollution control equipment and restrictions on hours of
| ||
operation or on the type or amount of material combusted, | ||
stored, or processed,
shall be treated as part of its design if | ||
the limitation is enforceable by
USEPA. This definition does | ||
not alter or affect the use of this term for any
other purposes | ||
under the Clean Air Act, or the term "capacity factor" as used
| ||
in Title IV of the Clean Air Act or the regulations promulgated | ||
thereunder.
| ||
"Preconstruction Permit" or "Construction Permit" means a | ||
permit which is to
be obtained prior to commencing or beginning | ||
actual construction or
modification of a source or emissions | ||
unit.
| ||
"Proposed CAAPP permit" means the version of a CAAPP permit | ||
that the Agency
proposes to issue and forwards to USEPA for | ||
review in compliance with
applicable requirements of the Act | ||
and regulations promulgated thereunder.
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"Regulated air pollutant" means the following:
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(1) Nitrogen oxides (NOx) or any volatile organic | ||
compound.
| ||
(2) Any pollutant for which a national ambient air | ||
quality standard has
been promulgated.
| ||
(3) Any pollutant that is subject to any standard | ||
promulgated under
Section 111 of the Clean Air Act.
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(4) Any Class I or II substance subject to a standard | ||
promulgated
under or established by Title VI of the Clean | ||
Air Act.
| ||
(5) Any pollutant subject to a standard promulgated | ||
under Section 112 or
other requirements established under | ||
Section 112 of the Clean Air Act,
including Sections | ||
112(g), (j) and (r).
| ||
(i) Any pollutant subject to requirements under | ||
Section 112(j) of the
Clean Air Act. Any pollutant | ||
listed under Section 112(b) for which the subject
| ||
source would be major shall be considered to be | ||
regulated 18 months after the
date on which USEPA was | ||
required to promulgate an applicable standard pursuant
| ||
to Section 112(e) of the Clean Air Act, if USEPA fails | ||
to promulgate such
standard.
| ||
(ii) Any pollutant for which the requirements of | ||
Section 112(g)(2) of
the Clean Air Act have been met, | ||
but only with respect to the individual source
subject | ||
to Section 112(g)(2) requirement.
| ||
"Renewal" means the process by which a permit is reissued | ||
at the end of its
term.
| ||
"Responsible official" means one of the following:
| ||
(1) For a corporation: a president, secretary, | ||
treasurer, or
vice-president of the corporation in charge | ||
of a principal business function,
or any other person who | ||
performs similar policy or decision-making functions
for | ||
the corporation, or a duly authorized representative of | ||
such person if the
representative is responsible for the | ||
overall operation of one or more
manufacturing, |
production, or operating facilities applying for or | ||
subject to a
permit and either (i) the facilities employ | ||
more than 250 persons or have gross
annual sales or | ||
expenditures exceeding $25 million (in second quarter 1980
| ||
dollars), or (ii) the delegation of authority to such | ||
representative is
approved in advance by the Agency.
| ||
(2) For a partnership or sole proprietorship: a general | ||
partner or the
proprietor, respectively, or in the case of | ||
a partnership in which all of the
partners are | ||
corporations, a duly authorized representative of the | ||
partnership
if the representative is responsible for the | ||
overall operation of one or more
manufacturing, | ||
production, or operating facilities applying for or | ||
subject to a
permit and either (i) the facilities employ | ||
more than 250 persons or have gross
annual sales or | ||
expenditures exceeding $25 million (in second quarter 1980
| ||
dollars), or (ii) the delegation of authority to such | ||
representative is
approved in advance by the Agency.
| ||
(3) For a municipality, State, Federal, or other public | ||
agency: either a
principal executive officer or ranking | ||
elected official. For the purposes of
this part, a | ||
principal executive officer of a Federal agency includes | ||
the chief
executive officer having responsibility for the | ||
overall operations of a
principal geographic unit of the | ||
agency (e.g., a
Regional Administrator of USEPA).
| ||
(4) For affected sources for acid deposition:
| ||
(i) The designated representative shall be the | ||
"responsible official" in
so far as actions, | ||
standards, requirements, or prohibitions under Title | ||
IV of
the Clean Air Act or the regulations promulgated | ||
thereunder are concerned.
| ||
(ii) The designated representative may also be the | ||
"responsible
official" for any other purposes with | ||
respect to air pollution control.
| ||
"Section 502(b)(10) changes" means changes that contravene | ||
express permit
terms. "Section 502(b)(10) changes" do not |
include changes that would violate
applicable
requirements or | ||
contravene federally enforceable permit terms or conditions
| ||
that are monitoring (including test methods), recordkeeping, | ||
reporting, or
compliance certification requirements.
| ||
"Solid waste incineration unit" means a distinct operating | ||
unit of any
facility which combusts any solid waste material | ||
from commercial or industrial
establishments or the general | ||
public (including single and multiple residences,
hotels, and | ||
motels). The term does not include incinerators or other units
| ||
required to have a permit under Section 3005 of the Solid Waste | ||
Disposal Act.
The term also does not include (A) materials | ||
recovery facilities (including
primary or secondary smelters) | ||
which combust waste for the primary purpose of
recovering | ||
metals, (B) qualifying small power production facilities, as | ||
defined
in Section 3(17)(C) of the Federal Power Act (16 U.S.C. | ||
769(17)(C)), or
qualifying cogeneration facilities, as defined | ||
in Section 3(18)(B) of the
Federal Power Act (16 U.S.C. | ||
796(18)(B)), which burn homogeneous waste (such as
units which | ||
burn tires or used oil, but not including refuse-derived fuel) | ||
for
the production of electric energy or in the case of | ||
qualifying cogeneration
facilities which burn homogeneous | ||
waste for the production of electric energy
and steam or forms | ||
of useful energy (such as heat) which are used for
industrial, | ||
commercial, heating or cooling purposes, or (C) air curtain
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incinerators provided that such incinerators only burn wood | ||
wastes, yard waste
and clean lumber and that such air curtain | ||
incinerators comply with opacity
limitations to be established | ||
by the USEPA by rule.
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"Source" means any stationary source (or any group of | ||
stationary sources)
that
are located on one or more contiguous | ||
or adjacent properties
that are under
common control of the | ||
same person (or persons under common control) and
that
belongs | ||
to
a single major industrial grouping. For the purposes of | ||
defining "source," a
stationary source or group of stationary | ||
sources shall be considered part of a
single major industrial | ||
grouping if all of the pollutant emitting
activities at such
|
source or group of sources located on contiguous or adjacent | ||
properties
and under common control belong to the
same Major | ||
Group (i.e., all have the same two-digit code) as described in | ||
the
Standard Industrial Classification Manual, 1987, or such | ||
pollutant emitting
activities at a stationary source (or group | ||
of stationary sources) located on
contiguous or adjacent | ||
properties and under common control constitute a
support
| ||
facility. The determination as to whether any group of | ||
stationary sources are
located on contiguous or adjacent | ||
properties, and/or are under common control,
and/or
whether the | ||
pollutant emitting activities at such group of stationary | ||
sources
constitute a support facility shall be made on a case | ||
by case basis.
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"Stationary source" means any building, structure, | ||
facility, or installation
that emits or may emit any regulated | ||
air pollutant or any pollutant listed
under Section 112(b) of | ||
the Clean Air Act.
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"Support facility" means any stationary source (or group of | ||
stationary
sources) that conveys, stores, or otherwise assists | ||
to a significant extent in
the production of a principal | ||
product at another stationary source (or group of
stationary | ||
sources). A support facility shall be considered to be part of | ||
the
same source as the stationary source (or group of | ||
stationary sources) that it
supports regardless of the 2-digit | ||
Standard Industrial Classification code for
the support | ||
facility.
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"USEPA" means the Administrator of the United States | ||
Environmental Protection
Agency (USEPA) or a person designated | ||
by the Administrator.
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1.1. Exclusion From the CAAPP.
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a. An owner or operator of a source which determines | ||
that the source could
be excluded from the CAAPP may seek | ||
such exclusion prior to the date that the
CAAPP application | ||
for the source is due but in no case later than 9 months
| ||
after the effective date of the CAAPP through the |
imposition of federally
enforceable conditions limiting | ||
the "potential to emit" of the source to a
level below the | ||
major source threshold for that source as described in
| ||
paragraph 2(c) of this Section, within a State operating | ||
permit issued pursuant
to Section 39(a) of this Act. After | ||
such date, an exclusion from the CAAPP may
be sought under | ||
paragraph 3(c) of this Section.
| ||
b. An owner or operator of a source seeking exclusion | ||
from the CAAPP
pursuant to paragraph (a) of this subsection | ||
must submit a permit application
consistent with the | ||
existing State permit program which specifically requests
| ||
such exclusion through the imposition of such federally | ||
enforceable conditions.
| ||
c. Upon such request, if the Agency determines that the | ||
owner or operator
of a source has met the requirements for | ||
exclusion pursuant to paragraph (a) of
this subsection and | ||
other applicable requirements for permit issuance under
| ||
Section 39(a) of this Act, the Agency shall issue a State | ||
operating permit for
such source under Section 39(a) of | ||
this Act, as amended, and regulations
promulgated | ||
thereunder with federally enforceable conditions limiting | ||
the
"potential to emit" of the source to a level below the | ||
major source threshold
for that source as described in | ||
paragraph 2(c) of this Section.
| ||
d. The Agency shall provide an owner or operator of a | ||
source which may be
excluded from the CAAPP pursuant to | ||
this subsection with reasonable notice that
the owner or | ||
operator may seek such exclusion.
| ||
e. The Agency shall provide such sources with the | ||
necessary permit
application forms.
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2. Applicability.
| ||
a. Sources subject to this Section shall include:
| ||
i. Any major source as defined in paragraph (c) of | ||
this subsection.
| ||
ii. Any source subject to a standard or other |
requirements promulgated
under Section 111 (New Source | ||
Performance Standards) or Section 112 (Hazardous
Air | ||
Pollutants) of the Clean Air Act, except that a source | ||
is not required to
obtain a permit solely because it is | ||
subject to regulations or requirements
under Section | ||
112(r) of the Clean Air Act.
| ||
iii. Any affected source for acid deposition, as | ||
defined in subsection 1
of this Section.
| ||
iv. Any other source subject to this Section under | ||
the Clean Air Act or
regulations promulgated | ||
thereunder, or applicable Board regulations.
| ||
b. Sources exempted from this Section shall include:
| ||
i. All sources listed in paragraph (a) of this | ||
subsection which are not
major sources, affected | ||
sources for acid deposition or solid waste | ||
incineration
units required to obtain a permit | ||
pursuant to Section 129(e) of the Clean Air
Act, until | ||
the source is required to obtain a CAAPP permit | ||
pursuant to the
Clean Air Act or regulations | ||
promulgated thereunder.
| ||
ii. Nonmajor sources subject to a standard or other | ||
requirements
subsequently promulgated by USEPA under | ||
Section 111 or 112 of the Clean Air Act
which are | ||
determined by USEPA to be exempt at the time a new | ||
standard is
promulgated.
| ||
iii. All sources and source categories that would | ||
be required to obtain
a permit solely because they are | ||
subject to Part 60, Subpart AAA - Standards of
| ||
Performance for New Residential Wood Heaters (40 CFR | ||
Part 60).
| ||
iv. All sources and source categories that would be | ||
required to obtain a
permit solely because they are | ||
subject to Part 61, Subpart M - National
Emission | ||
Standard for Hazardous Air Pollutants for Asbestos, | ||
Section 61.145 (40
CFR Part 61).
| ||
v. Any other source categories exempted by USEPA |
regulations pursuant to
Section 502(a) of the Clean Air | ||
Act.
| ||
c. For purposes of this Section the term "major source" | ||
means any source
that is:
| ||
i. A major source under Section 112 of the Clean | ||
Air Act, which is
defined as:
| ||
A. For pollutants other than radionuclides, | ||
any stationary source
or group of stationary | ||
sources located within a contiguous area and under
| ||
common control that emits or has the potential to | ||
emit, in the aggregate, 10
tons per year (tpy) or | ||
more of any hazardous air pollutant which has been
| ||
listed pursuant to Section 112(b) of the Clean Air | ||
Act, 25 tpy or more of any
combination of such | ||
hazardous air pollutants, or such lesser quantity | ||
as USEPA
may establish by rule. Notwithstanding | ||
the preceding sentence, emissions from
any oil or | ||
gas exploration or production well (with its | ||
associated equipment)
and emissions from any | ||
pipeline compressor or pump station shall not be
| ||
aggregated with emissions from other similar | ||
units, whether or not such units
are in a | ||
contiguous area or under common control, to | ||
determine whether such
stations are major sources.
| ||
B. For radionuclides, "major source" shall | ||
have the meaning specified
by the USEPA by rule.
| ||
ii. A major stationary source of air pollutants, as | ||
defined in Section
302 of the Clean Air Act, that | ||
directly emits or has the potential to emit, 100
tpy or | ||
more of any air pollutant (including any major source | ||
of fugitive
emissions of any such pollutant, as | ||
determined by rule by USEPA). For purposes
of this | ||
subsection, "fugitive emissions" means those emissions | ||
which could not
reasonably pass through a stack, | ||
chimney, vent, or other
functionally-equivalent | ||
opening. The fugitive emissions of a stationary source
|
shall not be considered in determining whether it is a | ||
major stationary source
for the purposes of Section | ||
302(j) of the Clean Air Act, unless the source
belongs | ||
to one of the following categories of stationary | ||
source:
| ||
A. Coal cleaning plants (with thermal dryers).
| ||
B. Kraft pulp mills.
| ||
C. Portland cement plants.
| ||
D. Primary zinc smelters.
| ||
E. Iron and steel mills.
| ||
F. Primary aluminum ore reduction plants.
| ||
G. Primary copper smelters.
| ||
H. Municipal incinerators capable of charging | ||
more than 250 tons of
refuse per day.
| ||
I. Hydrofluoric, sulfuric, or nitric acid | ||
plants.
| ||
J. Petroleum refineries.
| ||
K. Lime plants.
| ||
L. Phosphate rock processing plants.
| ||
M. Coke oven batteries.
| ||
N. Sulfur recovery plants.
| ||
O. Carbon black plants (furnace
process).
| ||
P. Primary lead smelters.
| ||
Q. Fuel conversion plants.
| ||
R. Sintering plants.
| ||
S. Secondary metal production plants.
| ||
T. Chemical process plants.
| ||
U. Fossil-fuel boilers (or combination | ||
thereof) totaling more than 250
million British | ||
thermal units per hour heat input.
| ||
V. Petroleum storage and transfer units with a | ||
total storage capacity
exceeding 300,000 barrels.
| ||
W. Taconite ore processing plants.
| ||
X. Glass fiber processing plants.
| ||
Y. Charcoal production plants.
| ||
Z. Fossil fuel-fired steam electric plants of |
more than 250 million
British thermal units per | ||
hour heat input.
| ||
AA. All other stationary source categories , | ||
which as of August 7, 1980 are being regulated by a | ||
standard
promulgated under Section 111 or 112 of | ||
the Clean Air Act , but only with
respect to those | ||
air pollutants that have been regulated for that | ||
category .
| ||
BB. Any other stationary source category | ||
designated by USEPA by rule.
| ||
iii. A major stationary source as defined in part D | ||
of Title I of the
Clean Air Act including:
| ||
A. For ozone nonattainment areas, sources with | ||
the potential to emit
100 tons or more per year of | ||
volatile organic compounds or oxides of nitrogen
| ||
in areas classified as "marginal" or "moderate", | ||
50 tons or more per year in
areas classified as | ||
"serious", 25 tons or more per year in areas | ||
classified as
"severe", and 10 tons or more per | ||
year in areas classified as "extreme"; except
that | ||
the references in this clause to 100, 50, 25, and | ||
10 tons per year of
nitrogen oxides shall not apply | ||
with respect to any source for which USEPA has
made | ||
a finding, under Section 182(f)(1) or (2) of the | ||
Clean Air Act, that
requirements otherwise | ||
applicable to such source under Section 182(f) of | ||
the
Clean Air Act do not apply. Such sources shall | ||
remain subject to the major
source criteria of | ||
paragraph 2(c)(ii) of this subsection.
| ||
B. For ozone transport regions established | ||
pursuant to Section 184 of
the Clean Air Act, | ||
sources with the potential to emit 50 tons or more | ||
per year
of volatile organic compounds (VOCs).
| ||
C. For carbon monoxide nonattainment areas (1) | ||
that are classified as
"serious", and (2) in which | ||
stationary sources contribute significantly to
|
carbon monoxide levels as determined under rules | ||
issued by USEPA, sources with
the potential to emit | ||
50 tons or more per year of carbon monoxide.
| ||
D. For particulate matter (PM-10) | ||
nonattainment areas classified as
"serious", | ||
sources with the potential to emit 70 tons or more | ||
per year of
PM-10.
| ||
3. Agency Authority To Issue CAAPP Permits and Federally | ||
Enforceable State
Operating Permits.
| ||
a. The Agency shall issue CAAPP permits under this | ||
Section consistent with
the Clean Air Act and regulations | ||
promulgated thereunder and this Act and
regulations | ||
promulgated thereunder.
| ||
b. The Agency shall issue CAAPP permits for fixed terms | ||
of 5 years, except
CAAPP permits issued for solid waste | ||
incineration units combusting municipal
waste which shall | ||
be issued for fixed terms of 12 years and except CAAPP
| ||
permits for affected sources for acid deposition which | ||
shall be issued for
initial terms to expire on December 31, | ||
1999, and for fixed terms of 5 years
thereafter.
| ||
c. The Agency shall have the authority to issue a State | ||
operating permit
for a source under Section 39(a) of this | ||
Act, as amended, and regulations
promulgated thereunder, | ||
which includes federally enforceable conditions
limiting | ||
the "potential to emit" of the source to a level below the | ||
major
source threshold for that source as described in | ||
paragraph 2(c) of this
Section, thereby excluding the | ||
source from the CAAPP, when requested by the
applicant | ||
pursuant to paragraph 5(u) of this Section. The public | ||
notice
requirements of this Section applicable to CAAPP | ||
permits shall also apply to
the initial issuance of permits | ||
under this paragraph.
| ||
d. For purposes of this Act, a permit issued by USEPA | ||
under Section 505 of
the Clean Air Act, as now and | ||
hereafter amended, shall be deemed to be a
permit issued by |
the Agency pursuant to Section 39.5 of this Act.
| ||
4. Transition.
| ||
a. An owner or operator of a CAAPP source shall not be | ||
required to renew
an existing State operating permit for | ||
any emission unit at such CAAPP source
once a CAAPP | ||
application timely submitted prior to expiration of the | ||
State
operating permit has been deemed complete. For | ||
purposes other than permit
renewal, the obligation upon the | ||
owner or operator of a CAAPP source to obtain
a State | ||
operating permit is not removed upon submittal of the | ||
complete CAAPP
permit application. An owner or operator of | ||
a CAAPP source seeking to make a
modification to a source | ||
prior to the issuance of its CAAPP permit shall be
required | ||
to obtain a construction and/or operating permit as | ||
required for such
modification in accordance with the State | ||
permit program under Section 39(a) of
this Act, as amended, | ||
and regulations promulgated thereunder. The application
| ||
for such construction and/or operating permit shall be | ||
considered an amendment
to the CAAPP application submitted | ||
for such source.
| ||
b. An owner or operator of a CAAPP source shall | ||
continue to operate in
accordance with the terms and | ||
conditions of its applicable State operating
permit | ||
notwithstanding the expiration of the State operating | ||
permit until the
source's CAAPP permit has been issued.
| ||
c. An owner or operator of a CAAPP source shall submit | ||
its initial CAAPP
application to the Agency no later than | ||
12 months after the effective date of
the CAAPP. The Agency | ||
may request submittal of initial CAAPP applications
during | ||
this 12 month period according to a schedule set forth | ||
within Agency
procedures, however, in no event shall the | ||
Agency require such submittal
earlier than 3 months after | ||
such effective date of the CAAPP. An owner or
operator may | ||
voluntarily submit its initial CAAPP application prior to | ||
the date
required within this paragraph or applicable |
procedures, if any, subsequent to
the date the Agency | ||
submits the CAAPP to USEPA for approval.
| ||
d. The Agency shall act on initial CAAPP applications | ||
in accordance with
subsection 5(j) of this Section.
| ||
e. For purposes of this Section, the term "initial | ||
CAAPP application"
shall mean the first CAAPP application | ||
submitted for a source existing as of
the effective date of | ||
the CAAPP.
| ||
f. The Agency shall provide owners or operators of | ||
CAAPP sources with at
least three months advance notice of | ||
the date on which their applications are
required to be | ||
submitted. In determining which sources shall be subject to
| ||
early submittal, the Agency shall include among its | ||
considerations the
complexity of the permit application, | ||
and the burden that such early submittal
will have on the | ||
source.
| ||
g. The CAAPP permit shall upon becoming effective | ||
supersede the State
operating permit.
| ||
h. The Agency shall have the authority to adopt | ||
procedural rules, in
accordance with the Illinois | ||
Administrative Procedure Act, as the Agency deems
| ||
necessary, to implement this subsection.
| ||
5. Applications and Completeness.
| ||
a. An owner or operator of a CAAPP source shall submit | ||
its complete CAAPP
application consistent with the Act and | ||
applicable regulations.
| ||
b. An owner or operator of a CAAPP source shall submit | ||
a single complete
CAAPP application covering all emission | ||
units at that source.
| ||
c. To be deemed complete, a CAAPP application must | ||
provide all
information, as requested in Agency | ||
application forms, sufficient to evaluate
the subject | ||
source and its application and to determine all applicable
| ||
requirements, pursuant to the Clean Air Act, and | ||
regulations thereunder, this
Act and regulations |
thereunder. Such Agency application forms shall be
| ||
finalized and made available prior to the date on which any | ||
CAAPP application
is required.
| ||
d. An owner or operator of a CAAPP source shall submit, | ||
as part of its
complete CAAPP application, a compliance | ||
plan, including a schedule of
compliance, describing how | ||
each emission unit will comply with all applicable
| ||
requirements. Any such schedule of compliance shall be | ||
supplemental to, and
shall not sanction noncompliance | ||
with, the applicable requirements on which it
is based.
| ||
e. Each submitted CAAPP application shall be certified | ||
for truth,
accuracy, and completeness by a responsible | ||
official in accordance with
applicable regulations.
| ||
f. The Agency shall provide notice to a CAAPP applicant | ||
as to whether a
submitted CAAPP application is complete. | ||
Unless the Agency notifies the
applicant of | ||
incompleteness, within 60 days of receipt of the CAAPP
| ||
application, the application shall be deemed complete. The | ||
Agency may request
additional information as needed to make | ||
the completeness determination. The
Agency may to the | ||
extent practicable provide the applicant with a reasonable
| ||
opportunity to correct deficiencies prior to a final | ||
determination of
completeness.
| ||
g. If after the determination of completeness the | ||
Agency finds that
additional information is necessary to | ||
evaluate or take final action on the
CAAPP application, the | ||
Agency may request in writing such information from the
| ||
source with a reasonable deadline for response.
| ||
h. If the owner or operator of a CAAPP source submits a | ||
timely and
complete CAAPP application, the source's | ||
failure to have a CAAPP permit shall
not be a violation of | ||
this Section until the Agency takes final action on the
| ||
submitted CAAPP application, provided, however, where the | ||
applicant fails to
submit the requested information under | ||
paragraph 5(g) within the time frame
specified by the | ||
Agency, this protection shall cease to apply.
|
i. Any applicant who fails to submit any relevant facts | ||
necessary to
evaluate the subject source and its CAAPP | ||
application or who has submitted
incorrect information in a | ||
CAAPP application shall, upon becoming aware of such
| ||
failure or incorrect submittal, submit supplementary facts | ||
or correct
information to the Agency. In addition, an | ||
applicant shall provide to the
Agency additional | ||
information as necessary to address any requirements which
| ||
become applicable to the source subsequent to the date the | ||
applicant submitted
its complete CAAPP application but | ||
prior to release of the draft CAAPP permit.
| ||
j. The Agency shall issue or deny the CAAPP permit | ||
within 18 months after
the date of receipt of the complete | ||
CAAPP application, with the following
exceptions: (i) | ||
permits for affected sources for acid deposition shall be
| ||
issued or denied within 6 months after receipt of a | ||
complete application in
accordance with subsection 17 of | ||
this Section; (ii) the Agency shall act on
initial CAAPP | ||
applications within 24 months after the date of receipt of | ||
the
complete CAAPP application; (iii) the Agency shall act | ||
on complete applications
containing early reduction | ||
demonstrations under Section 112(i)(5) of the Clean
Air Act | ||
within 9 months of receipt of the complete CAAPP | ||
application.
| ||
Where the Agency does not take final action on the | ||
permit within the
required time period, the permit shall | ||
not be deemed issued; rather, the
failure to act shall be | ||
treated as a final permit action for purposes of
judicial | ||
review pursuant to Sections 40.2 and 41 of this Act.
| ||
k. The submittal of a complete CAAPP application shall | ||
not affect the
requirement that any source have a | ||
preconstruction permit under Title I of the
Clean Air Act.
| ||
l. Unless a timely and complete renewal application has | ||
been submitted
consistent with this subsection, a CAAPP | ||
source operating upon the expiration
of its CAAPP permit | ||
shall be deemed to be operating without a CAAPP permit.
|
Such operation is prohibited under this Act.
| ||
m. Permits being renewed shall be subject to the same | ||
procedural
requirements, including those for public | ||
participation and federal review and
objection, that apply | ||
to original permit issuance.
| ||
n. For purposes of permit renewal, a timely application | ||
is one that is
submitted no less than 9 months prior to the | ||
date of permit expiration.
| ||
o. The terms and conditions of a CAAPP permit shall | ||
remain in effect until
the issuance of a CAAPP renewal | ||
permit provided a timely and complete CAAPP
application has | ||
been submitted.
| ||
p. The owner or operator of a CAAPP source seeking a | ||
permit shield
pursuant to paragraph 7(j) of this Section | ||
shall request such permit shield in
the CAAPP application | ||
regarding that source.
| ||
q. The Agency shall make available to the public all | ||
documents submitted
by the applicant to the Agency, | ||
including each CAAPP application, compliance
plan | ||
(including the schedule of compliance), and emissions or | ||
compliance
monitoring report, with the exception of | ||
information entitled to confidential
treatment pursuant to | ||
Section 7 of this Act.
| ||
r. The Agency shall use the standardized forms required | ||
under Title IV of
the Clean Air Act and regulations | ||
promulgated thereunder for affected sources
for acid | ||
deposition.
| ||
s. An owner or operator of a CAAPP source may include | ||
within its CAAPP
application a request for permission to | ||
operate during a startup, malfunction,
or breakdown | ||
consistent with applicable Board regulations.
| ||
t. An owner or operator of a CAAPP source, in
order to | ||
utilize the operational flexibility provided under
| ||
paragraph 7(l) of this Section, must request such use and
| ||
provide the necessary information within its CAAPP | ||
application.
|
u. An owner or operator of a CAAPP source which seeks | ||
exclusion from the
CAAPP through the imposition of | ||
federally enforceable conditions, pursuant to
paragraph | ||
3(c) of this Section, must request such exclusion within a | ||
CAAPP
application submitted consistent with this | ||
subsection on or after the date that
the CAAPP application | ||
for the source is due. Prior to such date, but in no case
| ||
later than 9 months after the effective date of the CAAPP, | ||
such owner or
operator may request the imposition of | ||
federally enforceable conditions
pursuant to paragraph | ||
1.1(b) of this Section.
| ||
v. CAAPP applications shall contain accurate | ||
information on allowable
emissions to implement the fee | ||
provisions of subsection 18 of this Section.
| ||
w. An owner or operator of a CAAPP source shall submit | ||
within its CAAPP
application emissions information | ||
regarding all regulated air pollutants
emitted at that | ||
source consistent with applicable Agency procedures. | ||
Emissions
information regarding insignificant activities | ||
or emission levels, as
determined by the Agency pursuant to | ||
Board regulations,
may be submitted as a list within the | ||
CAAPP application.
The Agency shall propose regulations to | ||
the Board defining insignificant
activities or emission | ||
levels, consistent with federal regulations, if any,
no | ||
later than 18 months after the effective date of this | ||
amendatory Act of
1992, consistent with Section 112(n)(1) | ||
of the Clean Air Act. The
Board shall adopt final | ||
regulations defining insignificant activities or
emission | ||
levels no later than 9 months after the date of the | ||
Agency's proposal.
| ||
x. The owner or operator of a new CAAPP source shall | ||
submit its complete
CAAPP application consistent with this | ||
subsection within 12 months after
commencing operation of | ||
such source.
The owner or operator of an existing source | ||
that has been excluded from the
provisions of this Section | ||
under subsection 1.1 or subsection 3(c) of
this Section and |
that becomes subject to the CAAPP solely due to a change in
| ||
operation at the source shall submit its complete CAAPP | ||
application consistent
with this subsection at least 180 | ||
days before commencing operation in
accordance with the | ||
change in operation.
| ||
y. The Agency shall have the authority to adopt | ||
procedural rules, in
accordance with the Illinois | ||
Administrative Procedure Act, as the Agency deems
| ||
necessary to implement this subsection.
| ||
6. Prohibitions.
| ||
a. It shall be unlawful for any person to violate any | ||
terms or conditions
of a permit issued under this Section, | ||
to operate any CAAPP source except in
compliance with a | ||
permit issued by the Agency under this Section or to | ||
violate
any other applicable requirements. All terms and | ||
conditions of a permit issued
under this Section are | ||
enforceable by USEPA and citizens under the Clean Air
Act, | ||
except those, if any, that are specifically designated as | ||
not being
federally enforceable in the permit pursuant to | ||
paragraph 7(m) of this Section.
| ||
b. After the applicable CAAPP permit or renewal | ||
application submittal
date, as specified in subsection 5 of | ||
this Section, no person shall operate a
CAAPP source | ||
without a CAAPP permit unless the complete CAAPP permit or | ||
renewal
application for such source has been timely | ||
submitted to the Agency.
| ||
c. No owner or operator of a CAAPP source shall cause | ||
or threaten or allow
the continued operation of an emission | ||
source during malfunction or breakdown
of the emission | ||
source or related air pollution control equipment if such
| ||
operation would cause a violation of the standards or | ||
limitations applicable to
the source, unless the CAAPP | ||
permit granted to the source provides for such
operation | ||
consistent with this Act and applicable Board regulations.
|
7. Permit Content.
| ||
a. All CAAPP permits shall contain emission | ||
limitations and standards and
other enforceable terms and | ||
conditions, including but not limited to
operational | ||
requirements, and schedules for achieving compliance at | ||
the
earliest reasonable date, which are or will be required | ||
to accomplish the
purposes and provisions of this Act and | ||
to assure compliance with all
applicable requirements.
| ||
b. The Agency shall include among such conditions | ||
applicable monitoring,
reporting, record keeping and | ||
compliance certification requirements, as
authorized by | ||
paragraphs d, e, and f of this subsection, that the Agency | ||
deems
necessary to assure compliance with the Clean Air | ||
Act, the regulations
promulgated thereunder, this Act, and | ||
applicable Board regulations. When
monitoring, reporting, | ||
record keeping, and compliance certification
requirements | ||
are specified within the Clean Air Act, regulations | ||
promulgated
thereunder, this Act, or applicable | ||
regulations, such requirements shall be
included within | ||
the CAAPP permit. The Board shall have authority to | ||
promulgate
additional regulations where necessary to | ||
accomplish the purposes of the Clean
Air Act, this Act, and | ||
regulations promulgated thereunder.
| ||
c. The Agency shall assure, within such conditions, the | ||
use of terms, test
methods, units, averaging periods, and | ||
other statistical conventions consistent
with the | ||
applicable emission limitations, standards, and other | ||
requirements
contained in the permit.
| ||
d. To meet the requirements of this subsection with | ||
respect to monitoring,
the permit shall:
| ||
i. Incorporate and identify all applicable | ||
emissions monitoring and
analysis procedures or test | ||
methods required under the Clean Air Act,
regulations | ||
promulgated thereunder, this Act, and applicable Board | ||
regulations,
including any procedures and methods | ||
promulgated by USEPA pursuant to Section
504(b) or |
Section 114 (a)(3) of the Clean Air Act.
| ||
ii. Where the applicable requirement does not | ||
require periodic testing
or instrumental or | ||
noninstrumental monitoring (which may consist of
| ||
recordkeeping designed to serve as monitoring), | ||
require periodic monitoring
sufficient to yield | ||
reliable data from the relevant time period that is
| ||
representative of the source's compliance with the | ||
permit, as reported pursuant
to paragraph (f) of this | ||
subsection. The Agency may determine that
| ||
recordkeeping requirements are sufficient to meet the | ||
requirements of this
subparagraph.
| ||
iii. As necessary, specify requirements concerning | ||
the use, maintenance,
and when appropriate, | ||
installation of monitoring equipment or methods.
| ||
e. To meet the requirements of this subsection with | ||
respect to record
keeping, the permit shall incorporate and | ||
identify all applicable recordkeeping
requirements and | ||
require, where applicable, the following:
| ||
i. Records of required monitoring information that | ||
include the
following:
| ||
A. The date, place and time of sampling or | ||
measurements.
| ||
B. The date(s) analyses were performed.
| ||
C. The company or entity that performed the | ||
analyses.
| ||
D. The analytical techniques or methods used.
| ||
E. The results of such analyses.
| ||
F. The operating conditions as existing at the | ||
time of sampling or
measurement.
| ||
ii. Retention of records of all monitoring data | ||
and support
information for a period of at least 5 | ||
years from the date of the monitoring
sample, | ||
measurement, report, or application. Support | ||
information includes all
calibration and maintenance | ||
records, original strip-chart recordings for
|
continuous monitoring instrumentation, and copies of | ||
all reports required by
the permit.
| ||
f. To meet the requirements of this subsection with | ||
respect to reporting,
the permit shall incorporate and | ||
identify all applicable reporting requirements
and require | ||
the following:
| ||
i. Submittal of reports of any required monitoring | ||
every 6 months. More
frequent submittals may be | ||
requested by the Agency if such submittals are
| ||
necessary to assure compliance with this Act or | ||
regulations promulgated by the
Board thereunder. All | ||
instances of deviations from permit requirements must | ||
be
clearly identified in such reports. All required | ||
reports must be certified by
a responsible official | ||
consistent with subsection 5 of this Section.
| ||
ii. Prompt reporting of deviations from permit | ||
requirements, including
those attributable to upset | ||
conditions as defined in the permit, the probable
cause | ||
of such deviations, and any corrective actions or | ||
preventive measures
taken.
| ||
g. Each CAAPP permit issued under subsection 10 of this | ||
Section shall
include a condition prohibiting emissions | ||
exceeding any allowances that the
source lawfully holds | ||
under Title IV of the Clean Air Act or the regulations
| ||
promulgated thereunder, consistent with subsection 17 of | ||
this Section and
applicable regulations, if any.
| ||
h. All CAAPP permits shall state that, where another | ||
applicable
requirement of the Clean Air Act is more | ||
stringent than any applicable
requirement of regulations | ||
promulgated under Title IV of the Clean Air Act,
both | ||
provisions shall be incorporated into the permit and shall | ||
be State and
federally enforceable.
| ||
i. Each CAAPP permit issued under subsection 10 of this | ||
Section shall
include a severability clause to ensure the | ||
continued validity of the various
permit requirements in | ||
the event of a challenge to any portions of the permit.
|
j. The following shall apply with respect to owners or | ||
operators
requesting a permit shield:
| ||
i. The Agency shall include in a CAAPP permit, when | ||
requested by an
applicant pursuant to paragraph 5(p) of | ||
this Section, a provision stating that
compliance with | ||
the conditions of the permit shall be deemed compliance | ||
with
applicable requirements which are applicable as | ||
of the date of release of
the proposed permit, provided | ||
that:
| ||
A. The applicable requirement is specifically | ||
identified within the
permit; or
| ||
B. The Agency in acting on the CAAPP | ||
application or revision
determines in writing that | ||
other requirements specifically identified are not
| ||
applicable to the source, and the permit includes | ||
that determination or a
concise summary thereof.
| ||
ii. The permit shall identify the requirements for | ||
which the source is
shielded. The shield shall not | ||
extend to applicable requirements which are
| ||
promulgated after the date of release of the proposed | ||
permit unless the permit
has been modified to reflect | ||
such new requirements.
| ||
iii. A CAAPP permit which does not expressly | ||
indicate the existence of a
permit shield shall not | ||
provide such a shield.
| ||
iv. Nothing in this paragraph or in a CAAPP permit | ||
shall alter or affect
the following:
| ||
A. The provisions of Section 303 (emergency | ||
powers) of the Clean Air
Act, including USEPA's | ||
authority under that section.
| ||
B. The liability of an owner or operator of a | ||
source for any violation
of applicable | ||
requirements prior to or at the time of permit | ||
issuance.
| ||
C. The applicable requirements of the acid | ||
rain program consistent
with Section 408(a) of the |
Clean Air Act.
| ||
D. The ability of USEPA to obtain information | ||
from a source pursuant
to Section 114 | ||
(inspections, monitoring, and entry) of the Clean | ||
Air Act.
| ||
k. Each CAAPP permit shall include an emergency | ||
provision providing an
affirmative defense of emergency to | ||
an action brought for noncompliance with
technology-based | ||
emission limitations under a CAAPP permit if the following
| ||
conditions are met through properly signed, | ||
contemporaneous operating logs, or
other relevant | ||
evidence:
| ||
i. An emergency occurred and the permittee can | ||
identify the cause(s) of
the emergency.
| ||
ii. The permitted facility was at the time being | ||
properly operated.
| ||
iii. The permittee submitted notice of the | ||
emergency to the Agency
within 2 working days of the | ||
time when emission limitations were exceeded due
to the | ||
emergency. This notice must contain a detailed | ||
description of the
emergency, any steps taken to | ||
mitigate emissions, and corrective actions taken.
| ||
iv. During the period of the emergency the | ||
permittee took all reasonable
steps to minimize levels | ||
of emissions that exceeded the emission limitations,
| ||
standards, or requirements in the permit.
| ||
For purposes of this subsection, "emergency" means any | ||
situation arising
from sudden and reasonably unforeseeable | ||
events beyond the control of the
source, such as an act of | ||
God, that requires immediate corrective action to
restore | ||
normal operation, and that causes the source to exceed a
| ||
technology-based emission limitation under the permit, due | ||
to unavoidable
increases in emissions attributable to the | ||
emergency. An emergency shall not
include noncompliance to | ||
the extent caused by improperly designed equipment,
lack of | ||
preventative maintenance, careless or improper operation, |
or operation
error.
| ||
In any enforcement proceeding, the permittee seeking | ||
to establish the
occurrence of an emergency has the burden | ||
of proof. This provision is in
addition to any emergency or | ||
upset provision contained in any applicable
requirement. | ||
This provision does not relieve a permittee of any | ||
reporting
obligations under existing federal or state laws | ||
or regulations.
| ||
l. The Agency shall include in each permit issued under | ||
subsection 10 of this Section:
| ||
i. Terms and conditions for reasonably anticipated | ||
operating scenarios
identified by the source in its | ||
application. The permit terms and
conditions for each | ||
such operating scenario shall meet all applicable
| ||
requirements and the requirements of this Section.
| ||
A. Under this subparagraph, the source must | ||
record in a log at the
permitted facility a record | ||
of the scenario under which it is operating
| ||
contemporaneously with making a change from one | ||
operating scenario to another.
| ||
B. The permit shield described in paragraph | ||
7(j) of this Section
shall extend to all terms and | ||
conditions under each such operating scenario.
| ||
ii. Where requested by an applicant, all terms and | ||
conditions allowing
for trading of emissions increases | ||
and decreases between different emission
units at the | ||
CAAPP source, to the extent that the applicable | ||
requirements
provide for trading of such emissions | ||
increases and decreases without a
case-by-case | ||
approval of each emissions trade. Such terms and | ||
conditions:
| ||
A. Shall include all terms required under this | ||
subsection to determine
compliance;
| ||
B. Must meet all applicable requirements;
| ||
C. Shall extend the permit shield described in | ||
paragraph 7(j) of this
Section to all terms and |
conditions that allow such increases and decreases | ||
in
emissions.
| ||
m. The Agency shall specifically designate as not being | ||
federally
enforceable under the Clean Air Act any terms and | ||
conditions included in the
permit that are not specifically | ||
required under the Clean Air Act or federal
regulations | ||
promulgated thereunder. Terms or conditions so designated | ||
shall be
subject to all applicable state requirements, | ||
except the requirements of
subsection 7 (other than this | ||
paragraph, paragraph q of subsection 7,
subsections 8 | ||
through 11, and subsections 13 through 16 of this Section. | ||
The
Agency shall, however, include such terms and | ||
conditions in the CAAPP permit
issued to the source.
| ||
n. Each CAAPP permit issued under subsection 10 of this | ||
Section shall
specify and reference the origin of and | ||
authority for each term or condition,
and identify any | ||
difference in form as compared to the applicable | ||
requirement
upon which the term or condition is based.
| ||
o. Each CAAPP permit issued under subsection 10 of this | ||
Section shall
include provisions stating the following:
| ||
i. Duty to comply. The permittee must comply with | ||
all terms and
conditions of the CAAPP permit. Any | ||
permit noncompliance constitutes a
violation of the | ||
Clean Air Act and the Act, and is grounds for any or | ||
all of
the following: enforcement action; permit | ||
termination, revocation and
reissuance, or | ||
modification; or denial of a permit renewal | ||
application.
| ||
ii. Need to halt or reduce activity not a defense. | ||
It shall not be a
defense for a permittee in an | ||
enforcement action that it would have been
necessary to | ||
halt or reduce the permitted activity in order to | ||
maintain
compliance with the conditions of this | ||
permit.
| ||
iii. Permit actions. The permit may be modified, | ||
revoked, reopened, and
reissued, or terminated for |
cause in accordance with the applicable subsections
of | ||
Section 39.5 of this Act. The filing of a request by | ||
the permittee for a
permit modification, revocation | ||
and reissuance, or termination, or of a
notification of | ||
planned changes or anticipated noncompliance does not | ||
stay any
permit condition.
| ||
iv. Property rights. The permit does not convey any | ||
property rights of
any sort, or any exclusive | ||
privilege.
| ||
v. Duty to provide information. The permittee | ||
shall furnish to the
Agency within a reasonable time | ||
specified by the Agency any information that
the Agency | ||
may request in writing to determine whether cause | ||
exists for
modifying, revoking and reissuing, or | ||
terminating the permit or to determine
compliance with | ||
the permit. Upon request, the permittee shall also | ||
furnish to
the Agency copies of records required to be | ||
kept by the permit or, for
information claimed to be | ||
confidential, the permittee may furnish such records
| ||
directly to USEPA along with a claim of | ||
confidentiality.
| ||
vi. Duty to pay fees. The permittee must pay fees | ||
to the Agency
consistent with the fee schedule approved | ||
pursuant to subsection 18 of this
Section, and submit | ||
any information relevant thereto.
| ||
vii. Emissions trading. No permit revision shall | ||
be required for
increases in emissions allowed under | ||
any approved economic incentives,
marketable permits, | ||
emissions trading, and other similar programs or | ||
processes
for changes that are provided for in the | ||
permit and that are authorized by the
applicable | ||
requirement.
| ||
p. Each CAAPP permit issued under subsection 10 of this | ||
Section shall
contain the following elements with respect | ||
to compliance:
| ||
i. Compliance certification, testing, monitoring, |
reporting, and record
keeping requirements sufficient | ||
to assure compliance with the terms and
conditions of | ||
the permit. Any document (including reports) required | ||
by a CAAPP
permit shall contain a certification by a | ||
responsible official that meets the
requirements of | ||
subsection 5 of this Section and applicable | ||
regulations.
| ||
ii. Inspection and entry requirements that | ||
necessitate that, upon
presentation of credentials and | ||
other documents as may be required by law and
in | ||
accordance with constitutional limitations, the | ||
permittee shall allow the
Agency, or an authorized | ||
representative to perform the following:
| ||
A. Enter upon the permittee's premises where a | ||
CAAPP source is located
or emissions-related | ||
activity is conducted, or where records must be | ||
kept under
the conditions of the permit.
| ||
B. Have access to and copy, at reasonable | ||
times, any records that must
be kept under the | ||
conditions of the permit.
| ||
C. Inspect at reasonable times any facilities, | ||
equipment (including
monitoring and air pollution | ||
control equipment), practices, or operations
| ||
regulated or required under the permit.
| ||
D. Sample or monitor any substances or | ||
parameters at any location:
| ||
1. As authorized by the Clean Air Act, at | ||
reasonable times, for
the purposes of assuring | ||
compliance with the CAAPP permit or applicable
| ||
requirements; or
| ||
2. As otherwise authorized by this Act.
| ||
iii. A schedule of compliance consistent with | ||
subsection 5 of this
Section and applicable | ||
regulations.
| ||
iv. Progress reports consistent with an applicable | ||
schedule of
compliance pursuant to paragraph 5(d) of |
this Section and applicable
regulations to be | ||
submitted semiannually, or more frequently if the | ||
Agency
determines that such more frequent submittals | ||
are necessary for compliance with
the Act or | ||
regulations promulgated by the Board thereunder. Such | ||
progress
reports shall contain the following:
| ||
A. Required dates for achieving the | ||
activities, milestones, or
compliance required by | ||
the schedule of compliance and dates when such
| ||
activities, milestones or compliance were | ||
achieved.
| ||
B. An explanation of why any dates in the | ||
schedule of compliance were
not or will not be met, | ||
and any preventive or corrective measures adopted.
| ||
v. Requirements for compliance certification with | ||
terms and conditions
contained in the permit, | ||
including emission limitations, standards, or work
| ||
practices. Permits shall include each of the | ||
following:
| ||
A. The frequency (annually or more frequently | ||
as specified in any
applicable requirement or by | ||
the Agency pursuant to written procedures) of
| ||
submissions of compliance certifications.
| ||
B. A means for assessing or monitoring the | ||
compliance of the source
with its emissions | ||
limitations, standards, and work practices.
| ||
C. A requirement that the compliance | ||
certification include the
following:
| ||
1. The identification of each term or | ||
condition contained in the
permit that is the | ||
basis of the certification.
| ||
2. The compliance status.
| ||
3. Whether compliance was continuous or | ||
intermittent.
| ||
4. The method(s) used for determining the | ||
compliance status of the
source, both |
currently and over the reporting period | ||
consistent with subsection
7 of Section 39.5 of | ||
the Act.
| ||
D. A requirement that all compliance | ||
certifications be submitted to
USEPA as well as to | ||
the Agency.
| ||
E. Additional requirements as may be specified | ||
pursuant to Sections
114(a)(3) and 504(b) of the | ||
Clean Air Act.
| ||
F. Other provisions as the Agency may require.
| ||
q. If the owner or operator of CAAPP source can | ||
demonstrate in its
CAAPP application, including an | ||
application for a significant modification,
that an | ||
alternative emission limit would be equivalent to that | ||
contained in the
applicable Board regulations, the Agency | ||
shall include the alternative
emission limit in the CAAPP | ||
permit, which shall supersede the
emission limit
set forth | ||
in the applicable Board regulations, and shall include | ||
conditions
that insure that the resulting emission limit is | ||
quantifiable, accountable,
enforceable, and based on | ||
replicable procedures.
| ||
8. Public Notice; Affected State Review.
| ||
a. The Agency shall provide notice to the public, | ||
including an opportunity
for public comment and a hearing, | ||
on each draft CAAPP permit for issuance,
renewal or | ||
significant modification, subject to Sections 7(a) and 7.1 | ||
of this
Act.
| ||
b. The Agency shall prepare a draft CAAPP permit and a | ||
statement that sets
forth the legal and factual basis for | ||
the draft CAAPP permit conditions,
including references to | ||
the applicable statutory or regulatory provisions. The
| ||
Agency shall provide this statement to any person who | ||
requests it.
| ||
c. The Agency shall give notice of each draft CAAPP | ||
permit to the
applicant and to any affected State on or | ||
before the time that the Agency has
provided notice to the |
public, except as otherwise provided in this Act.
| ||
d. The Agency, as part of its submittal of a proposed | ||
permit to USEPA
(or as soon as possible after the submittal | ||
for minor permit modification
procedures allowed under | ||
subsection 14 of this Section), shall notify USEPA
and any | ||
affected State in writing of any refusal of the Agency to | ||
accept all
of the recommendations for the proposed permit | ||
that an affected State
submitted during the public or | ||
affected State review period. The notice
shall include the | ||
Agency's reasons for not accepting the recommendations.
| ||
The Agency is not required to accept recommendations that | ||
are not based on
applicable requirements or the | ||
requirements of this Section.
| ||
e. The Agency shall make available to the public any | ||
CAAPP permit
application, compliance plan (including the | ||
schedule of compliance), CAAPP
permit, and emissions or | ||
compliance monitoring report. If an owner or operator
of a | ||
CAAPP source is required to submit information entitled to | ||
protection from
disclosure under Section 7(a) or Section | ||
7.1 of this Act, the owner or operator
shall submit such | ||
information separately. The requirements of Section 7(a) | ||
or
Section 7.1 of this Act shall apply to such information, | ||
which shall not be
included in a CAAPP permit unless | ||
required by law. The contents of a CAAPP
permit shall not | ||
be entitled to protection under Section 7(a) or Section 7.1 | ||
of
this Act.
| ||
f. The Agency shall have the authority to adopt | ||
procedural rules, in
accordance with the Illinois | ||
Administrative Procedure Act, as the Agency deems
| ||
necessary, to implement this subsection.
| ||
9. USEPA Notice and Objection.
| ||
a. The Agency shall provide to USEPA for its review a | ||
copy of each CAAPP
application (including any application | ||
for permit modification), statement of
basis as provided in | ||
paragraph 8(b) of this Section, proposed CAAPP permit,
|
CAAPP permit, and, if the Agency does not incorporate any | ||
affected State's
recommendations on a proposed CAAPP | ||
permit, a written statement of this
decision and its | ||
reasons for not accepting the recommendations, except as
| ||
otherwise provided in this Act or by agreement with USEPA. | ||
To the extent
practicable, the preceding information shall | ||
be provided in computer readable
format compatible with | ||
USEPA's national database management system.
| ||
b. The Agency shall not issue the proposed CAAPP permit | ||
if USEPA objects
in writing within 45 days of receipt of | ||
the proposed CAAPP permit and all
necessary supporting | ||
information.
| ||
c. If USEPA objects in writing to the issuance of the | ||
proposed CAAPP
permit within the 45-day period, the Agency | ||
shall respond in writing and may
revise and resubmit the | ||
proposed CAAPP permit in response to the stated
objection, | ||
to the extent supported by the record, within 90 days after | ||
the date
of the objection. Prior to submitting a revised | ||
permit to USEPA, the Agency
shall provide the applicant and | ||
any person who participated in the public
comment process, | ||
pursuant to subsection 8 of this Section, with a 10-day | ||
period
to comment on any revision which the Agency is | ||
proposing to make to the permit
in response to USEPA's | ||
objection in accordance with Agency procedures.
| ||
d. Any USEPA objection under this subsection, | ||
according to the Clean Air
Act, will include a statement of | ||
reasons for the objection and a description of
the terms | ||
and conditions that must be in the permit, in order to | ||
adequately
respond to the objections. Grounds for a USEPA | ||
objection include the failure
of the Agency to: (1) submit | ||
the items and notices required under this
subsection; (2) | ||
submit any other information necessary to adequately | ||
review the
proposed CAAPP permit; or (3) process the permit | ||
under subsection 8 of this
Section except for minor permit | ||
modifications.
| ||
e. If USEPA does not object in writing to issuance of a |
permit under this
subsection, any person may petition USEPA | ||
within 60 days after expiration of
the 45-day review period | ||
to make such objection.
| ||
f. If the permit has not yet been issued and USEPA | ||
objects to the permit
as a result of a petition, the Agency | ||
shall not issue the permit until USEPA's
objection has been | ||
resolved. The Agency shall provide a 10-day comment period
| ||
in accordance with paragraph c of this subsection. A | ||
petition does not,
however, stay the effectiveness of a | ||
permit or its requirements if the permit
was issued after | ||
expiration of the 45-day review period and prior to a USEPA
| ||
objection.
| ||
g. If the Agency has issued a permit after expiration | ||
of the 45-day review
period and prior to receipt of a USEPA | ||
objection under this subsection in
response to a petition | ||
submitted pursuant to paragraph e of this subsection,
the | ||
Agency may, upon receipt of an objection from USEPA, revise | ||
and resubmit
the permit to USEPA pursuant to this | ||
subsection after providing a 10-day
comment period in | ||
accordance with paragraph c of this subsection. If the | ||
Agency
fails to submit a revised permit in response to the | ||
objection, USEPA shall
modify, terminate or revoke the | ||
permit. In any case, the source will not be in
violation of | ||
the requirement to have submitted a timely and complete
| ||
application.
| ||
h. The Agency shall have the authority to adopt | ||
procedural rules, in
accordance with the Illinois | ||
Administrative Procedure Act, as the Agency deems
| ||
necessary, to implement this subsection.
| ||
10. Final Agency Action.
| ||
a. The Agency shall issue a CAAPP permit, permit | ||
modification, or permit
renewal if all of the following | ||
conditions are met:
| ||
i. The applicant has submitted a complete and | ||
certified application for
a permit, permit |
modification, or permit renewal consistent with | ||
subsections 5
and 14 of this Section, as applicable, | ||
and applicable regulations.
| ||
ii. The applicant has submitted with its complete | ||
application an
approvable compliance plan, including a | ||
schedule for achieving compliance,
consistent with | ||
subsection 5 of this Section and applicable | ||
regulations.
| ||
iii. The applicant has timely paid the fees | ||
required pursuant to
subsection 18 of this Section and | ||
applicable regulations.
| ||
iv. The Agency has received a complete CAAPP | ||
application and, if
necessary, has requested and | ||
received additional information from the applicant
| ||
consistent with subsection 5 of this Section and | ||
applicable regulations.
| ||
v. The Agency has complied with all applicable | ||
provisions regarding
public notice and affected State | ||
review consistent with subsection 8 of this
Section and | ||
applicable regulations.
| ||
vi. The Agency has provided a copy of each CAAPP | ||
application, or summary
thereof, pursuant to agreement | ||
with USEPA and proposed CAAPP permit required
under | ||
subsection 9 of this Section to USEPA, and USEPA has | ||
not objected to the
issuance of the permit in | ||
accordance with the Clean Air Act and 40 CFR Part 70.
| ||
b. The Agency shall have the authority to deny a CAAPP | ||
permit, permit
modification, or permit renewal if the | ||
applicant has not complied with the
requirements of | ||
paragraphs (a)(i)-(a)(iv) of this subsection or if USEPA
| ||
objects to its issuance.
| ||
c. i. Prior to denial of a CAAPP permit, permit | ||
modification, or permit
renewal under this Section, | ||
the Agency shall notify the applicant of the
possible | ||
denial and the reasons for the denial.
| ||
ii. Within such notice, the Agency shall specify an |
appropriate date by
which the applicant shall | ||
adequately respond to the Agency's notice. Such date
| ||
shall not exceed 15 days from the date the notification | ||
is received by the
applicant. The Agency may grant a | ||
reasonable extension for good cause
shown.
| ||
iii. Failure by the applicant to adequately | ||
respond by the date
specified in the notification or by | ||
any granted extension date shall be grounds
for denial | ||
of the permit.
| ||
For purposes of obtaining judicial review under | ||
Sections 40.2 and 41 of
this Act, the Agency shall | ||
provide to USEPA and each applicant, and, upon
request, | ||
to affected States, any person who participated in the | ||
public comment
process, and any other person who could | ||
obtain judicial review under Sections
40.2 and 41 of | ||
this Act, a copy of each CAAPP permit or notification | ||
of denial
pertaining to that party.
| ||
d. The Agency shall have the authority to adopt | ||
procedural rules, in
accordance with the Illinois | ||
Administrative Procedure Act, as the Agency deems
| ||
necessary, to implement this subsection.
| ||
11. General Permits.
| ||
a. The Agency may issue a general permit covering | ||
numerous similar
sources, except for affected sources for | ||
acid deposition unless otherwise
provided in regulations | ||
promulgated under Title IV of the Clean Air Act.
| ||
b. The Agency shall identify, in any general permit, | ||
criteria by which
sources may qualify for the general | ||
permit.
| ||
c. CAAPP sources that would qualify for a general | ||
permit must apply for
coverage under the terms of the | ||
general permit or must apply for a CAAPP permit
consistent | ||
with subsection 5 of this Section and applicable | ||
regulations.
| ||
d. The Agency shall comply with the public comment and |
hearing provisions
of this Section as well as the USEPA and | ||
affected State review procedures prior
to issuance of a | ||
general
permit.
| ||
e. When granting a subsequent request by a qualifying | ||
CAAPP source for
coverage under the terms of a general | ||
permit, the Agency shall not be required
to repeat the | ||
public notice and comment procedures. The granting of such
| ||
request shall not be considered a final permit action for | ||
purposes of judicial
review.
| ||
f. The Agency may not issue a general permit to cover | ||
any discrete
emission unit at a CAAPP source if another | ||
CAAPP permit covers emission units
at the source.
| ||
g. The Agency shall have the authority to adopt | ||
procedural rules, in
accordance with the Illinois | ||
Administrative Procedure Act, as the Agency deems
| ||
necessary, to implement this subsection.
| ||
12. Operational Flexibility.
| ||
a. An owner or operator of a CAAPP source may make | ||
changes at the CAAPP
source without requiring a prior | ||
permit revision, consistent with
subparagraphs (a) (i) | ||
through (a) (iii) of this subsection, so long as the
| ||
changes are not modifications under any provision of Title | ||
I of the Clean
Air Act and they do not exceed the emissions | ||
allowable under the permit
(whether expressed therein as a | ||
rate of emissions or in terms of total
emissions), provided | ||
that the owner or operator of the CAAPP source
provides | ||
USEPA and the Agency with written notification as required | ||
below in
advance of the proposed changes, which shall be a | ||
minimum of 7 days, unless
otherwise provided by the Agency | ||
in applicable regulations regarding
emergencies. The owner | ||
or operator of a CAAPP source and the Agency shall
each | ||
attach such notice to their copy of the relevant permit.
| ||
i. An owner or operator of a CAAPP source may make
| ||
Section 502 (b) (10) changes without a permit revision, | ||
if the
changes are not modifications under any |
provision of Title I of the Clean
Air Act and the | ||
changes do not exceed the emissions allowable under the
| ||
permit (whether expressed therein as a rate of | ||
emissions or in terms of total emissions).
| ||
A. For each such change, the written | ||
notification required above shall
include a brief | ||
description of the change within the source, the | ||
date on
which the change will occur, any change in | ||
emissions, and any permit term
or condition that is | ||
no longer applicable as a result of the change.
| ||
B. The permit shield described in paragraph | ||
7(j) of this Section shall
not apply to any change | ||
made pursuant to this subparagraph.
| ||
ii. An owner or operator of a CAAPP source may | ||
trade increases and
decreases in emissions in the CAAPP | ||
source, where the applicable
implementation plan | ||
provides for such emission trades without requiring a
| ||
permit revision. This provision is available in those | ||
cases where the
permit does not already provide for | ||
such emissions trading.
| ||
A. Under this subparagraph (a)(ii), the | ||
written notification required
above shall include | ||
such information as may be required by the | ||
provision in
the applicable implementation plan | ||
authorizing the emissions trade,
including at a | ||
minimum, when the proposed changes will occur, a | ||
description
of each such change, any change in | ||
emissions, the permit requirements with
which the | ||
source will comply using the emissions trading | ||
provisions of the
applicable implementation plan, | ||
and the pollutants emitted subject to the
| ||
emissions trade. The notice shall also refer to the | ||
provisions in the
applicable implementation plan | ||
with which the source will comply and
provide for | ||
the emissions trade.
| ||
B. The permit shield described in paragraph |
7(j) of this Section shall
not apply to any change | ||
made pursuant to this subparagraph (a) (ii).
| ||
Compliance with the permit requirements that the | ||
source will meet using the
emissions trade shall be | ||
determined according to the requirements of the
| ||
applicable implementation plan authorizing the | ||
emissions trade.
| ||
iii. If requested within a CAAPP application, the | ||
Agency shall issue a
CAAPP permit which contains terms | ||
and conditions, including all terms
required under | ||
subsection 7 of this Section to determine compliance,
| ||
allowing for the trading of emissions increases and | ||
decreases at the CAAPP
source solely for the purpose of | ||
complying with a federally-enforceable
emissions cap | ||
that is established in the permit independent of | ||
otherwise
applicable requirements. The owner or | ||
operator of a CAAPP source shall include
in its CAAPP | ||
application proposed replicable procedures and permit | ||
terms that
ensure the emissions trades are | ||
quantifiable and enforceable. The permit shall
also | ||
require compliance with all applicable requirements.
| ||
A. Under this subparagraph (a)(iii), the | ||
written notification required
above shall state | ||
when the change will occur and shall describe the | ||
changes
in emissions that will result and how these | ||
increases and decreases in
emissions will comply | ||
with the terms and conditions of the permit.
| ||
B. The permit shield described in paragraph | ||
7(j) of this Section shall
extend to terms and | ||
conditions that allow such increases and decreases | ||
in
emissions.
| ||
b. An owner or operator of a CAAPP source may make | ||
changes that are not
addressed or prohibited by the permit, | ||
other than those which are subject to
any requirements | ||
under Title IV of the Clean Air Act or are modifications | ||
under
any provisions of Title I of the Clean Air Act, |
without a permit
revision, in accordance with the following | ||
requirements:
| ||
(i) Each such change shall meet all applicable | ||
requirements and shall
not violate any existing permit | ||
term or condition;
| ||
(ii) Sources must provide contemporaneous written | ||
notice to the Agency
and USEPA of each such change, | ||
except for changes that qualify as insignificant
under | ||
provisions adopted by the Agency or the Board. Such | ||
written notice shall
describe each such change, | ||
including the date, any change in emissions,
| ||
pollutants emitted, and any applicable requirement | ||
that would apply as a result
of the change;
| ||
(iii) The change shall not qualify for the shield | ||
described in paragraph
7(j) of this Section; and
| ||
(iv) The permittee shall keep a record describing | ||
changes made at the
source that result in emissions of | ||
a regulated air pollutant subject to an
applicable | ||
Clean Air Act requirement, but not otherwise regulated | ||
under the
permit, and the emissions resulting from | ||
those changes.
| ||
c. The Agency shall have the authority to adopt | ||
procedural rules, in
accordance with the Illinois | ||
Administrative Procedure Act, as the Agency
deems | ||
necessary to implement this subsection.
| ||
13. Administrative Permit Amendments.
| ||
a. The Agency shall take final action on a
request for | ||
an administrative permit amendment within 60 days of | ||
receipt of the
request. Neither notice nor an opportunity | ||
for public and affected State
comment shall be required for | ||
the Agency to incorporate such revisions,
provided it | ||
designates the permit revisions as having been made | ||
pursuant to
this subsection.
| ||
b. The Agency shall submit a copy of the revised permit | ||
to USEPA.
|
c. For purposes of this Section the term | ||
"administrative permit amendment"
shall be defined as a | ||
permit revision that can accomplish one or more of
the
| ||
changes described below:
| ||
i. Corrects typographical errors;
| ||
ii. Identifies a change in the name, address, or | ||
phone number of any
person identified in the permit, or | ||
provides a similar minor administrative
change at the | ||
source;
| ||
iii. Requires more frequent monitoring or | ||
reporting by the permittee;
| ||
iv. Allows for a change in ownership or operational | ||
control of a source
where the Agency determines that no | ||
other change in the permit is necessary,
provided that | ||
a written agreement containing a specific date for | ||
transfer of
permit responsibility, coverage, and | ||
liability between the current and new
permittees has | ||
been submitted to the Agency;
| ||
v. Incorporates into the CAAPP permit the | ||
requirements from
preconstruction review permits | ||
authorized under a USEPA-approved program,
provided | ||
the program meets procedural and compliance | ||
requirements substantially
equivalent to those | ||
contained in this Section;
| ||
vi. (Blank); or
| ||
vii. Any other type of change which USEPA has | ||
determined as part of
the
approved CAAPP permit program | ||
to be similar to those included in this
subsection.
| ||
d. The Agency shall, upon taking final action granting | ||
a request for
an administrative permit amendment, allow | ||
coverage by the permit shield in
paragraph 7(j) of this | ||
Section for administrative permit amendments made
pursuant | ||
to subparagraph (c)(v) of this subsection which meet the | ||
relevant
requirements for significant permit | ||
modifications.
| ||
e. Permit revisions and modifications, including |
administrative amendments
and automatic amendments | ||
(pursuant to Sections 408(b) and 403(d) of the Clean
Air | ||
Act or regulations promulgated thereunder), for purposes | ||
of the acid rain
portion of the permit shall be governed by | ||
the regulations promulgated under
Title IV of the Clean Air | ||
Act. Owners or operators of affected sources for
acid | ||
deposition shall have the flexibility to amend their | ||
compliance plans as
provided in the regulations | ||
promulgated under Title IV of the Clean Air Act.
| ||
f. The CAAPP source may implement the changes addressed | ||
in the
request for an administrative permit amendment | ||
immediately upon submittal of
the request.
| ||
g. The Agency shall have the authority to adopt | ||
procedural rules, in
accordance with the Illinois | ||
Administrative Procedure Act, as the Agency
deems | ||
necessary, to implement this subsection.
| ||
14. Permit Modifications.
| ||
a. Minor permit modification procedures.
| ||
i. The Agency shall review a permit modification | ||
using the "minor
permit" modification procedures only | ||
for those permit modifications that:
| ||
A. Do not violate any applicable requirement;
| ||
B. Do not involve significant changes to | ||
existing monitoring,
reporting, or recordkeeping | ||
requirements in the permit;
| ||
C. Do not require a case-by-case determination | ||
of an emission
limitation or other standard, or a | ||
source-specific determination of ambient
impacts, | ||
or a visibility or increment analysis;
| ||
D. Do not seek to establish or change a permit | ||
term or condition
for which there is no | ||
corresponding underlying requirement and which | ||
avoids an
applicable requirement to which the | ||
source would otherwise be subject. Such
terms and | ||
conditions include:
|
1. A federally enforceable emissions cap | ||
assumed to avoid
classification as a | ||
modification under any provision of Title I of | ||
the Clean
Air Act; and
| ||
2. An alternative emissions limit approved | ||
pursuant to regulations
promulgated under | ||
Section 112(i)(5) of the Clean Air Act;
| ||
E. Are not modifications under any provision | ||
of Title I of the Clean
Air Act; and
| ||
F. Are not required to be processed as a | ||
significant modification.
| ||
ii. Notwithstanding subparagraphs (a)(i) and | ||
(b)(ii) of this subsection,
minor permit modification | ||
procedures may be used for permit modifications
| ||
involving the use of economic incentives, marketable | ||
permits, emissions
trading, and other similar | ||
approaches, to the extent that such minor permit
| ||
modification procedures are explicitly provided for in | ||
an applicable
implementation plan or in applicable | ||
requirements promulgated by USEPA.
| ||
iii. An applicant requesting the use of minor | ||
permit modification
procedures shall meet the | ||
requirements of subsection 5 of this Section and
shall | ||
include the following in its application:
| ||
A. A description of the change, the emissions | ||
resulting from the
change,
and any new applicable | ||
requirements that will apply if the change occurs;
| ||
B. The source's suggested draft permit;
| ||
C. Certification by a responsible official, | ||
consistent with
paragraph 5(e) of this Section and | ||
applicable regulations, that the proposed
| ||
modification meets the criteria for use of minor | ||
permit modification
procedures and a request that | ||
such procedures be used; and
| ||
D. Completed forms for the Agency to use to | ||
notify USEPA and affected
States as required under |
subsections 8 and 9 of this Section.
| ||
iv. Within 5 working days of receipt of a complete | ||
permit modification
application, the Agency shall | ||
notify USEPA and affected States of the
requested | ||
permit modification in accordance with subsections 8 | ||
and 9 of
this Section. The Agency promptly shall send | ||
any notice required under
paragraph 8(d) of this | ||
Section to USEPA.
| ||
v. The Agency may not issue a final permit | ||
modification until after the
45-day review period for | ||
USEPA or until USEPA has notified the Agency that
USEPA | ||
will not object to the issuance of the permit | ||
modification, whichever
comes first, although the | ||
Agency can approve the permit modification prior to
| ||
that time. Within 90 days of the Agency's receipt of an | ||
application under the
minor permit modification | ||
procedures or 15 days after the end of USEPA's 45-day
| ||
review period under subsection 9 of this Section, | ||
whichever is later, the
Agency shall:
| ||
A. Issue the permit modification as proposed;
| ||
B. Deny the permit modification application;
| ||
C. Determine that the requested modification | ||
does not meet the minor
permit modification | ||
criteria and should be reviewed under the | ||
significant
modification procedures; or
| ||
D. Revise the draft permit modification and | ||
transmit to USEPA the new
proposed permit | ||
modification as required by subsection 9 of this | ||
Section.
| ||
vi. Any CAAPP source may make the change proposed | ||
in its minor permit
modification application | ||
immediately after it files such application. After
the | ||
CAAPP source makes the change allowed by the preceding | ||
sentence, and
until the Agency takes any of the actions | ||
specified in subparagraphs
(a)(v)(A) through (a)(v)(C) | ||
of this subsection, the source must comply with
both |
the applicable requirements governing the change and | ||
the proposed
permit terms and conditions. During this | ||
time period, the source need not
comply with the | ||
existing permit terms and conditions it seeks to | ||
modify.
If the source fails to comply with its proposed | ||
permit terms and conditions
during this time period, | ||
the existing permit terms and conditions which it
seeks | ||
to modify may be enforced against it.
| ||
vii. The permit shield under subparagraph 7(j) of | ||
this Section may not
extend to minor permit | ||
modifications.
| ||
viii. If a construction permit is required, | ||
pursuant to Section 39(a) of
this Act and regulations | ||
thereunder, for a change for which the minor
permit | ||
modification procedures are applicable, the source may | ||
request that
the processing of the construction permit | ||
application be consolidated with
the processing of the | ||
application for the minor permit modification. In
such | ||
cases, the provisions of this Section, including those | ||
within
subsections 5, 8, and 9, shall apply and the | ||
Agency shall act on such
applications pursuant to | ||
subparagraph 14(a)(v). The source may make the
| ||
proposed change immediately after filing its | ||
application for the minor
permit modification. Nothing | ||
in this subparagraph shall otherwise affect
the | ||
requirements and procedures applicable to construction | ||
permits.
| ||
b. Group Processing of Minor Permit Modifications.
| ||
i. Where requested by an applicant within its | ||
application, the
Agency shall process groups of a | ||
source's applications for certain
modifications | ||
eligible for minor permit modification processing in
| ||
accordance with the provisions of this paragraph (b).
| ||
ii. Permit modifications may be processed in | ||
accordance with the
procedures for group processing, | ||
for those modifications:
|
A. Which meet the criteria for minor permit | ||
modification procedures
under subparagraph | ||
14(a)(i) of this Section; and
| ||
B. That collectively are below 10 percent of | ||
the emissions allowed by
the permit for the | ||
emissions unit for which change is requested, 20 | ||
percent
of the applicable definition of major | ||
source set forth in subsection 2 of
this Section, | ||
or 5 tons per year, whichever is least.
| ||
iii. An applicant requesting the use of group | ||
processing procedures
shall
meet the requirements of | ||
subsection 5 of this Section and shall include the
| ||
following in its application:
| ||
A. A description of the change, the emissions | ||
resulting from the
change, and any new applicable | ||
requirements that will apply if the change
occurs.
| ||
B. The source's suggested draft permit.
| ||
C. Certification by a responsible official | ||
consistent with paragraph
5(e) of this Section, | ||
that the proposed modification meets the criteria | ||
for
use of group processing procedures and a | ||
request that such procedures be used.
| ||
D. A list of the source's other pending | ||
applications awaiting group
processing, and a | ||
determination of whether the requested | ||
modification,
aggregated with these other | ||
applications, equals or exceeds the threshold
set | ||
under subparagraph (b)(ii)(B) of this subsection.
| ||
E. Certification, consistent with paragraph | ||
5(e), that the source has
notified USEPA of the | ||
proposed modification. Such notification need only
| ||
contain a brief description of the requested | ||
modification.
| ||
F. Completed forms for the Agency to use to | ||
notify USEPA and affected
states as required under | ||
subsections 8 and 9 of this Section.
|
iv. On a quarterly basis or within 5 business days | ||
of receipt of an
application demonstrating that the | ||
aggregate of a source's pending
applications equals or | ||
exceeds the threshold level set forth within
| ||
subparagraph (b)(ii)(B) of this subsection, whichever | ||
is earlier, the
Agency shall promptly notify USEPA and | ||
affected States of the requested
permit modifications | ||
in accordance with subsections 8 and 9 of this
Section. | ||
The Agency shall send any notice required under | ||
paragraph 8(d) of
this Section to USEPA.
| ||
v. The provisions of subparagraph (a)(v) of this | ||
subsection shall apply
to modifications eligible for | ||
group processing, except that the Agency
shall take one | ||
of the actions specified in subparagraphs (a)(v)(A) | ||
through
(a)(v)(D) of this subsection within 180 days of | ||
receipt of the application
or 15 days after the end of | ||
USEPA's 45-day review period under subsection 9
of this | ||
Section, whichever is later.
| ||
vi. The provisions of subparagraph (a)(vi) of this | ||
subsection shall
apply to modifications for group | ||
processing.
| ||
vii. The provisions of paragraph 7(j) of this | ||
Section shall not
apply to
modifications eligible for | ||
group processing.
| ||
c. Significant Permit Modifications.
| ||
i. Significant modification procedures shall be | ||
used for applications
requesting significant permit | ||
modifications and for those applications that do
not | ||
qualify as either minor permit modifications or as | ||
administrative permit
amendments.
| ||
ii. Every significant change in existing | ||
monitoring permit terms or
conditions and every | ||
relaxation of reporting or recordkeeping requirements
| ||
shall be considered significant. A modification shall | ||
also be considered
significant if in the judgment of | ||
the Agency action on an application for
modification |
would require decisions to be made on technically | ||
complex issues.
Nothing herein shall be construed to | ||
preclude the permittee from making changes
consistent | ||
with this Section that would render existing permit | ||
compliance terms
and conditions irrelevant.
| ||
iii. Significant permit modifications must meet | ||
all the requirements of
this Section, including those | ||
for applications (including completeness review),
| ||
public participation, review by affected States, and | ||
review by USEPA applicable
to initial permit issuance | ||
and permit renewal. The Agency shall take final
action | ||
on significant permit modifications within 9 months | ||
after receipt of a
complete application.
| ||
d. The Agency shall have the authority to adopt | ||
procedural rules, in
accordance with the Illinois | ||
Administrative Procedure Act, as the Agency deems
| ||
necessary, to implement this subsection.
| ||
15. Reopenings for Cause by the Agency.
| ||
a. Each issued CAAPP permit shall include provisions | ||
specifying the
conditions under which the permit will be | ||
reopened prior to the expiration of
the permit. Such | ||
revisions shall be made as expeditiously as practicable. A
| ||
CAAPP permit shall be reopened and revised under any of the | ||
following
circumstances, in accordance with procedures | ||
adopted by the Agency:
| ||
i. Additional requirements under the Clean Air Act | ||
become applicable to
a major CAAPP source for which 3 | ||
or more years remain on the original term of
the | ||
permit. Such a reopening shall be completed not later | ||
than 18 months after
the promulgation of the applicable | ||
requirement. No such revision is required
if the | ||
effective date of the requirement is later than the | ||
date on which the
permit is due to expire.
| ||
ii. Additional requirements (including excess | ||
emissions requirements)
become applicable to an |
affected source for acid deposition under the acid rain
| ||
program. Excess emissions offset plans shall be deemed | ||
to be incorporated into
the permit upon approval by | ||
USEPA.
| ||
iii. The Agency or USEPA determines that the permit | ||
contains a material
mistake or that inaccurate | ||
statements were made in establishing the emissions
| ||
standards, limitations, or other terms or conditions | ||
of the permit.
| ||
iv. The Agency or USEPA determines that the permit | ||
must be revised or
revoked to assure compliance with | ||
the applicable requirements.
| ||
b. In the event that the Agency determines that there | ||
are grounds for
revoking a CAAPP permit, for cause, | ||
consistent with paragraph a of this
subsection, it shall | ||
file a petition before the Board
setting forth the basis | ||
for such revocation. In any such proceeding, the
Agency | ||
shall have the burden of establishing that the permit | ||
should be
revoked under the standards set forth in this Act | ||
and the Clean Air Act.
Any such proceeding shall be | ||
conducted pursuant to the Board's procedures
for | ||
adjudicatory hearings and the Board shall render its | ||
decision within
120 days of the filing of the petition. The | ||
Agency shall take final action to
revoke and reissue a | ||
CAAPP permit consistent with the Board's order.
| ||
c. Proceedings regarding a reopened CAAPP permit shall | ||
follow the same
procedures as apply to initial permit | ||
issuance and shall affect only those
parts of the permit | ||
for which cause to reopen exists.
| ||
d. Reopenings under paragraph (a) of this subsection | ||
shall not be
initiated before a notice of such intent is | ||
provided to the CAAPP source by the
Agency at least 30 days | ||
in advance of the date that the permit is to be
reopened, | ||
except that the Agency may provide a shorter time period in | ||
the case
of an emergency.
| ||
e. The Agency shall have the authority to adopt |
procedural rules, in
accordance with the Illinois | ||
Administrative Procedure Act, as the Agency deems
| ||
necessary, to implement this subsection.
| ||
16. Reopenings for Cause by USEPA.
| ||
a. When USEPA finds that cause exists to terminate, | ||
modify, or revoke and
reissue a CAAPP permit pursuant to | ||
subsection 15 of this Section, and
thereafter notifies the | ||
Agency and the permittee of such finding in writing,
the | ||
Agency shall forward to USEPA and the permittee a proposed | ||
determination of
termination, modification, or revocation | ||
and reissuance as appropriate, in
accordance with | ||
paragraph b of this subsection. The Agency's proposed
| ||
determination shall be in accordance with the record, the | ||
Clean Air Act,
regulations promulgated thereunder, this | ||
Act and regulations promulgated
thereunder. Such proposed | ||
determination shall not affect the permit or
constitute a | ||
final permit action for purposes of this Act or the | ||
Administrative
Review Law. The Agency shall forward to | ||
USEPA such proposed determination
within 90 days after | ||
receipt of the notification from USEPA. If additional time
| ||
is necessary to submit the proposed determination, the | ||
Agency shall request a
90-day extension from USEPA and | ||
shall submit the proposed determination within
180 days of | ||
receipt of notification from USEPA.
| ||
b. i. Prior to the Agency's submittal to USEPA of a | ||
proposed
determination to terminate or revoke and | ||
reissue the permit, the Agency shall
file a petition | ||
before the Board setting forth USEPA's objection, the | ||
permit
record, the Agency's proposed determination, | ||
and the justification for its
proposed determination. | ||
The Board shall conduct a hearing pursuant to the rules
| ||
prescribed by Section 32 of this Act, and the burden of | ||
proof shall be on the
Agency.
| ||
ii. After due consideration of the written and oral | ||
statements, the
testimony and arguments that shall be |
submitted at hearing, the Board shall
issue and enter | ||
an interim order for the proposed determination, which | ||
shall
set forth all changes, if any, required in the | ||
Agency's proposed determination.
The interim order | ||
shall comply with the requirements for final orders as | ||
set
forth in Section 33 of this Act. Issuance of an | ||
interim order by the Board
under this paragraph, | ||
however, shall not affect the permit status and does | ||
not
constitute a final action for purposes of this Act | ||
or the Administrative Review
Law.
| ||
iii. The Board shall cause a copy of its interim | ||
order to be served upon
all parties to the proceeding | ||
as well as upon USEPA. The Agency shall submit
the | ||
proposed determination to USEPA in accordance with the | ||
Board's Interim
Order within 180 days after receipt of | ||
the notification from USEPA.
| ||
c. USEPA shall review the proposed determination to | ||
terminate,
modify, or revoke and reissue the permit within | ||
90 days of receipt.
| ||
i. When USEPA reviews the proposed determination | ||
to terminate or revoke
and reissue and does not object, | ||
the Board shall, within 7 days of receipt of
USEPA's | ||
final approval, enter the interim order as a final | ||
order. The final
order may be appealed as provided by | ||
Title XI of this Act. The Agency shall
take final | ||
action in accordance with the Board's final order.
| ||
ii. When USEPA reviews such proposed determination
| ||
to terminate or revoke and reissue and objects, the | ||
Agency shall submit
USEPA's objection and the Agency's | ||
comments and recommendation on the objection
to the | ||
Board and permittee. The Board shall review its interim | ||
order in
response to USEPA's objection and the Agency's | ||
comments and recommendation and
issue a final order in | ||
accordance with Sections 32 and 33 of this Act. The
| ||
Agency shall, within 90 days after receipt of such | ||
objection, respond to
USEPA's objection in accordance |
with the Board's final order.
| ||
iii. When USEPA reviews such proposed | ||
determination to modify and
objects, the Agency shall, | ||
within 90 days after receipt of the objection,
resolve | ||
the objection and modify the permit in accordance with | ||
USEPA's
objection, based upon the record, the Clean Air | ||
Act, regulations promulgated
thereunder, this Act, and | ||
regulations promulgated thereunder.
| ||
d. If the Agency fails to submit the proposed | ||
determination pursuant to
paragraph a of this subsection or | ||
fails to resolve any USEPA objection
pursuant to paragraph | ||
c of this subsection, USEPA will terminate, modify, or
| ||
revoke and reissue the permit.
| ||
e. The Agency shall have the authority to adopt | ||
procedural rules, in
accordance with the Illinois | ||
Administrative Procedure Act, as the Agency deems
| ||
necessary, to implement this subsection.
| ||
17. Title IV; Acid Rain Provisions.
| ||
a. The Agency shall act on initial CAAPP applications | ||
for affected
sources for acid deposition in accordance with | ||
this Section and Title V of
the Clean Air Act and | ||
regulations promulgated thereunder, except as
modified by | ||
Title IV of the Clean Air Act and regulations promulgated
| ||
thereunder. The Agency shall issue initial CAAPP permits to | ||
the affected
sources for acid deposition which shall become | ||
effective no earlier than
January 1, 1995, and which shall | ||
terminate on December 31, 1999, in
accordance with this | ||
Section. Subsequent CAAPP permits issued to affected
| ||
sources for acid deposition shall be issued for a fixed | ||
term of 5 years.
Title IV of the Clean Air Act and | ||
regulations promulgated thereunder,
including but not | ||
limited to 40 C.F.R. Part 72, as now or hereafter amended,
| ||
are
applicable to and enforceable under this Act.
| ||
b. A designated representative of an affected source | ||
for acid deposition
shall submit a timely and complete |
Phase II acid rain permit application and
compliance plan | ||
to the Agency, not later than January 1, 1996, that meets | ||
the
requirements of Titles IV and V of the Clean Air Act | ||
and regulations. The
Agency shall act on the Phase II acid | ||
rain permit application and compliance
plan in accordance | ||
with this Section and Title V of the Clean Air Act and
| ||
regulations promulgated thereunder, except as modified by | ||
Title IV of the Clean
Air Act and regulations promulgated | ||
thereunder. The Agency shall issue the
Phase II acid rain | ||
permit to an affected source for acid deposition no later
| ||
than December 31, 1997, which shall become effective on | ||
January 1, 2000, in
accordance with this Section, except as | ||
modified by Title IV and regulations
promulgated | ||
thereunder; provided that the designated representative of | ||
the
source submitted a timely and complete Phase II permit | ||
application and
compliance plan to the Agency that meets | ||
the requirements of Title IV and V of
the Clean Air Act and | ||
regulations.
| ||
c. Each Phase II acid rain permit issued in accordance | ||
with this
subsection shall have a fixed term of 5 years. | ||
Except as provided in paragraph
b above, the Agency shall | ||
issue or deny a Phase II acid rain permit within 18
months | ||
of receiving a complete Phase II permit application and | ||
compliance plan.
| ||
d. A designated representative of a new unit, as | ||
defined in Section 402 of
the Clean Air Act, shall submit a | ||
timely and complete Phase II acid rain permit
application | ||
and compliance plan that meets the requirements of Titles | ||
IV and V
of the Clean Air Act and its regulations. The | ||
Agency shall act on the new
unit's Phase II acid rain | ||
permit application and compliance plan in accordance
with | ||
this Section and Title V of the Clean Air Act and its | ||
regulations, except
as modified by Title IV of the Clean | ||
Air Act and its regulations. The Agency
shall reopen the | ||
new unit's CAAPP permit for cause to incorporate the | ||
approved
Phase II acid rain permit in accordance with this |
Section. The Phase II acid
rain permit for the new unit | ||
shall become effective no later than the date
required | ||
under Title IV of the Clean Air Act and its regulations.
| ||
e. A designated representative of an affected source | ||
for acid deposition
shall submit a timely and complete | ||
Title IV NOx permit application to the
Agency, not later | ||
than January 1, 1998, that meets the requirements of Titles
| ||
IV and V of the Clean Air Act and its regulations. The | ||
Agency shall reopen the
Phase II acid rain permit for cause | ||
and incorporate the approved NOx provisions
into the Phase | ||
II acid rain permit not later than January 1, 1999, in
| ||
accordance with this Section, except as modified by Title | ||
IV of the Clean Air
Act and regulations promulgated | ||
thereunder. Such reopening shall not affect the
term of the | ||
Phase II acid rain permit.
| ||
f. The designated representative of the affected | ||
source for acid
deposition shall renew the initial CAAPP | ||
permit and Phase II acid rain permit
in accordance with | ||
this Section and Title V of the Clean Air Act and
| ||
regulations promulgated thereunder, except as modified by | ||
Title IV of the Clean
Air Act and regulations promulgated | ||
thereunder.
| ||
g. In the case of an affected source for acid | ||
deposition for which a
complete Phase II acid rain permit | ||
application and compliance plan are timely
received under | ||
this subsection, the complete permit application and | ||
compliance
plan, including amendments thereto, shall be | ||
binding on the owner, operator and
designated | ||
representative, all affected units for acid deposition at | ||
the
affected source, and any other unit, as defined in | ||
Section 402 of the Clean Air
Act, governed by the Phase II | ||
acid rain permit application and shall be
enforceable as an | ||
acid rain permit for purposes of Titles IV and V of the | ||
Clean
Air Act, from the date of submission of the acid rain | ||
permit application until
a Phase II acid rain permit is | ||
issued or denied by the Agency.
|
h. The Agency shall not include or implement any | ||
measure which would
interfere with or modify the | ||
requirements of Title IV of the Clean Air Act
or | ||
regulations promulgated thereunder.
| ||
i. Nothing in this Section shall be construed as | ||
affecting allowances or
USEPA's decision regarding an | ||
excess emissions offset plan, as set forth in
Title IV of | ||
the Clean Air Act or regulations promulgated thereunder.
| ||
i. No permit revision shall be required for | ||
increases in emissions that
are authorized by | ||
allowances acquired pursuant to the acid rain program,
| ||
provided that such increases do not require a permit | ||
revision under any other
applicable requirement.
| ||
ii. No limit shall be placed on the number of | ||
allowances held by the
source. The source may not, | ||
however, use allowances as a defense to
noncompliance | ||
with any other applicable requirement.
| ||
iii. Any such allowance shall be accounted for | ||
according to the
procedures established in regulations | ||
promulgated under Title IV of the Clean
Air Act.
| ||
j. To the extent that the federal regulations | ||
promulgated under Title
IV,
including but not limited to 40 | ||
C.F.R. Part 72, as now or hereafter amended,
are | ||
inconsistent with the federal regulations promulgated | ||
under Title V, the
federal regulations promulgated under | ||
Title IV shall take precedence.
| ||
k. The USEPA may intervene as a matter of right in any | ||
permit appeal
involving a Phase II acid rain permit | ||
provision or denial of a Phase II acid
rain permit.
| ||
l. It is unlawful for any owner or operator
to violate | ||
any terms or conditions of a Phase II acid rain permit
| ||
issued under this subsection, to operate any affected | ||
source for acid
deposition except in compliance with a | ||
Phase II acid rain permit issued by the
Agency under this | ||
subsection, or to violate any other applicable | ||
requirements.
|
m. The designated representative of an affected source | ||
for acid
deposition shall submit to the Agency the data and | ||
information submitted
quarterly to USEPA, pursuant to 40 | ||
CFR 75.64, concurrently with the submission
to USEPA. The | ||
submission shall be in the same electronic format as | ||
specified by
USEPA.
| ||
n. The Agency shall act on any petition for exemption | ||
of a new unit or
retired unit, as those terms are defined | ||
in Section 402 of the Clean Air Act,
from the requirements | ||
of the acid rain program in accordance with Title IV of
the | ||
Clean Air Act and its regulations.
| ||
o. The Agency shall have the authority to adopt | ||
procedural rules, in
accordance with the Illinois | ||
Administrative Procedure Act, as the Agency
deems | ||
necessary to implement this subsection.
| ||
18. Fee Provisions.
| ||
a. For each 12 month period after the date on which the | ||
USEPA approves
or conditionally approves the CAAPP, but in | ||
no event prior to January 1, 1994,
a source subject to this | ||
Section or excluded under subsection 1.1 or paragraph
3(c) | ||
of this Section, shall pay a fee as provided in this part | ||
(a) of this
subsection 18. However, a source that has been | ||
excluded from the provisions
of this Section under | ||
subsection 1.1 or paragraph 3(c) of this Section
because | ||
the source emits less than 25 tons per year of any | ||
combination of
regulated air pollutants shall pay fees in | ||
accordance with paragraph (1) of
subsection (b) of Section | ||
9.6.
| ||
i. The fee for a source allowed to emit less than | ||
100 tons per year
of any combination of regulated air | ||
pollutants shall be $1,800
per year.
| ||
ii. The fee for a source allowed to emit 100 tons | ||
or more per year of
any combination of regulated air | ||
pollutants, except for those regulated air
pollutants | ||
excluded in paragraph 18(f) of this subsection, shall |
be as follows:
| ||
A. The Agency shall assess an annual fee of | ||
$18.00 per
ton for
the allowable emissions of all | ||
regulated air pollutants at that source
during the | ||
term of the permit. These fees shall be used by the | ||
Agency and
the Board to
fund the activities | ||
required by Title V of the Clean Air Act including | ||
such
activities as may be carried out by other | ||
State or local agencies pursuant to
paragraph
(d) | ||
of this subsection. The amount of such fee shall be | ||
based on
the
information supplied by the applicant | ||
in its complete CAAPP permit
application or in the | ||
CAAPP permit if the permit has been granted and | ||
shall be
determined by the amount of emissions that | ||
the source is allowed to emit
annually, provided | ||
however, that no source shall be required to pay an | ||
annual
fee in excess of $250,000. The Agency shall | ||
provide as part
of the permit
application form | ||
required under subsection 5 of this Section a | ||
separate fee
calculation form which will allow the | ||
applicant to identify the allowable
emissions and | ||
calculate the fee for the term of the permit. In no | ||
event
shall the Agency raise the amount of | ||
allowable emissions requested by the
applicant | ||
unless such increases are required to demonstrate | ||
compliance with
terms of a CAAPP permit.
| ||
Notwithstanding the above, any applicant may | ||
seek a change in its
permit which would result in | ||
increases in allowable emissions due to an
| ||
increase in the hours of operation or production | ||
rates of an emission unit
or units and such a | ||
change shall be consistent with the
construction | ||
permit requirements of the existing State permit | ||
program, under
Section 39(a) of this Act and | ||
applicable provisions of this Section. Where a
| ||
construction permit is required, the Agency shall |
expeditiously grant such
construction permit and | ||
shall, if necessary, modify the CAAPP permit based | ||
on
the same application.
| ||
B. The applicant or
permittee may pay the fee | ||
annually or semiannually for those fees
greater | ||
than $5,000.
However, any applicant paying a fee | ||
equal to or greater than $100,000 shall
pay the | ||
full amount on July 1, for the subsequent fiscal | ||
year, or pay 50% of
the fee on July 1 and the | ||
remaining 50% by the next January 1. The Agency may
| ||
change any annual billing date upon reasonable | ||
notice, but shall prorate the
new bill so that the | ||
permittee or applicant does not pay more than its | ||
required
fees for the fee period for which payment | ||
is made.
| ||
b. (Blank).
| ||
c. (Blank).
| ||
d. There is hereby created in the State Treasury a | ||
special fund to be
known as the "CAA Permit Fund". All | ||
Funds collected by the Agency pursuant
to this subsection | ||
shall be deposited into the Fund. The General Assembly
| ||
shall appropriate monies from this Fund to the Agency and | ||
to the Board to
carry out their obligations under this | ||
Section. The General Assembly may
also authorize monies to | ||
be granted by the Agency from this Fund to other
State and | ||
local agencies which perform duties related to the CAAPP.
| ||
Interest generated on the monies deposited in this Fund | ||
shall be returned to
the Fund.
| ||
e. The Agency shall have the authority to adopt | ||
procedural rules, in
accordance with the Illinois | ||
Administrative Procedure Act, as the Agency
deems | ||
necessary to implement this subsection.
| ||
f. For purposes of this subsection, the term "regulated | ||
air pollutant"
shall have the meaning given to it under | ||
subsection 1 of this Section but
shall exclude the | ||
following:
|
i. carbon monoxide;
| ||
ii. any Class I or II substance which is a | ||
regulated air pollutant
solely because it is listed | ||
pursuant to Section 602 of the Clean Air Act;
and
| ||
iii. any pollutant that is a regulated air | ||
pollutant solely because
it is subject to a standard or | ||
regulation under Section 112(r) of the Clean
Air Act | ||
based on the emissions allowed in the permit effective | ||
in that
calendar year, at the time the applicable bill | ||
is generated.
| ||
19. Air Toxics Provisions.
| ||
a. In the event that the USEPA fails to promulgate in a | ||
timely manner
a standard pursuant to Section 112(d) of the | ||
Clean Air Act, the Agency
shall have the authority to issue | ||
permits, pursuant to Section 112(j) of
the Clean Air Act | ||
and regulations promulgated thereunder, which contain
| ||
emission limitations which are equivalent to the emission | ||
limitations that
would apply to a source if an emission | ||
standard had been
promulgated in a timely manner by USEPA | ||
pursuant to Section 112(d).
Provided, however, that the | ||
owner or operator of a source shall have the
opportunity to | ||
submit to the Agency a proposed emission limitation which | ||
it
determines to be equivalent to the emission limitations | ||
that would apply to
such source if an emission standard had | ||
been promulgated in a timely manner
by USEPA. If the Agency | ||
refuses to include the emission limitation
proposed by the | ||
owner or operator in a CAAPP permit, the owner or operator
| ||
may petition the Board to establish whether the emission | ||
limitation
proposal submitted by the owner or operator | ||
provides for emission
limitations which are equivalent to | ||
the emission limitations that would
apply to the source if | ||
the emission standard had been promulgated by USEPA
in a | ||
timely manner. The Board shall determine whether the | ||
emission
limitation proposed by the owner or operator or an | ||
alternative emission
limitation proposed by the Agency |
provides for the level of control
required under Section | ||
112 of the Clean Air Act, or shall otherwise
establish an | ||
appropriate emission limitation, pursuant to Section 112 | ||
of
the Clean Air Act.
| ||
b. Any Board proceeding brought under paragraph (a) or | ||
(e)
of this subsection shall be conducted according to the | ||
Board's
procedures for adjudicatory hearings and the Board | ||
shall render its
decision within 120 days of the filing of | ||
the petition. Any such decision
shall be subject to review | ||
pursuant to Section 41 of this Act. Where
USEPA promulgates | ||
an applicable emission standard prior to the issuance of
| ||
the CAAPP permit, the Agency shall include in the permit | ||
the promulgated
standard, provided that the source shall | ||
have the compliance period
provided under Section 112(i) of | ||
the Clean Air Act. Where USEPA promulgates an
applicable | ||
standard subsequent to the issuance of the CAAPP permit, | ||
the Agency
shall revise such permit upon the next renewal | ||
to reflect the promulgated
standard, providing a | ||
reasonable time for the applicable source to comply with
| ||
the standard, but no longer than 8 years after the date on | ||
which the source is
first required to comply with the | ||
emissions limitation established under this
subsection.
| ||
c. The Agency shall have the authority to implement and | ||
enforce complete
or partial emission standards promulgated | ||
by USEPA pursuant to Section 112(d),
and standards | ||
promulgated by USEPA pursuant to Sections 112(f), 112(h), | ||
112(m),
and 112(n), and may accept delegation of authority | ||
from USEPA to implement and
enforce Section 112(l) and | ||
requirements for the prevention and detection of
| ||
accidental releases pursuant to Section 112(r) of the Clean | ||
Air Act.
| ||
d. The Agency shall have the authority to issue permits | ||
pursuant to
Section 112(i)(5) of the Clean Air Act.
| ||
e. The Agency has the authority to implement Section | ||
112(g) of
the Clean Air Act consistent with the Clean Air | ||
Act and federal regulations
promulgated thereunder. If the |
Agency refuses to include the emission
limitations | ||
proposed in an application submitted by an owner or | ||
operator for a
case-by-case maximum achievable control | ||
technology (MACT) determination, the
owner or operator may | ||
petition the Board to determine whether the emission
| ||
limitation proposed by the owner or operator or an | ||
alternative emission
limitation proposed by the Agency | ||
provides for a level of control required by
Section 112 of | ||
the Clean Air Act, or to otherwise establish an appropriate
| ||
emission limitation under Section 112 of the Clean Air Act.
| ||
20. Small Business.
| ||
a. For purposes of this subsection:
| ||
"Program" is the Small Business Stationary Source | ||
Technical and
Environmental Compliance Assistance Program | ||
created within this State pursuant
to Section 507 of the | ||
Clean Air Act and guidance promulgated thereunder, to
| ||
provide technical assistance and compliance information to | ||
small business
stationary sources;
| ||
"Small Business Assistance Program" is a component of | ||
the Program
responsible for providing sufficient | ||
communications with small businesses
through the | ||
collection and dissemination of information to small | ||
business
stationary sources; and
| ||
"Small Business Stationary Source" means a stationary | ||
source that:
| ||
1. is owned or operated by a person that employs | ||
100 or fewer
individuals;
| ||
2. is a small business concern as defined in the | ||
"Small Business Act";
| ||
3. is not a major source as that term is defined in | ||
subsection 2 of this
Section;
| ||
4. does not emit 50 tons or more per year of any | ||
regulated air
pollutant; and
| ||
5. emits less than 75 tons per year of all | ||
regulated pollutants.
|
b. The Agency shall adopt and submit to USEPA, after | ||
reasonable notice and
opportunity for public comment, as a | ||
revision to the Illinois state
implementation plan, plans | ||
for establishing the Program.
| ||
c. The Agency shall have the authority to enter into | ||
such contracts
and agreements as the Agency deems necessary | ||
to carry out the purposes of
this subsection.
| ||
d. The Agency may establish such procedures as it may | ||
deem necessary
for the purposes of implementing and | ||
executing its responsibilities under
this subsection.
| ||
e. There shall be appointed a Small Business Ombudsman | ||
(hereinafter in
this subsection referred to as | ||
"Ombudsman") to monitor the Small Business
Assistance | ||
Program. The Ombudsman shall be a nonpartisan designated | ||
official,
with the ability to independently assess whether | ||
the goals of the Program are
being met.
| ||
f. The State Ombudsman Office shall be located in an | ||
existing Ombudsman
office within the State or in any State | ||
Department.
| ||
g. There is hereby created a State Compliance Advisory | ||
Panel (hereinafter
in this subsection referred to as | ||
"Panel") for determining the overall
effectiveness of the | ||
Small Business Assistance Program within this State.
| ||
h. The selection of Panel members shall be by the | ||
following method:
| ||
1. The Governor shall select two members who are | ||
not owners or
representatives of owners of small | ||
business stationary sources to represent the
general | ||
public;
| ||
2. The Director of the Agency shall select one | ||
member to represent the
Agency; and
| ||
3. The State Legislature shall select four members | ||
who are owners or
representatives of owners of small | ||
business stationary sources. Both the
majority and | ||
minority leadership in both Houses of the Legislature | ||
shall
appoint one member of the panel.
|
i. Panel members should serve without compensation but | ||
will receive full
reimbursement for expenses including | ||
travel and per diem as authorized within
this State.
| ||
j. The Panel shall select its own Chair by a majority | ||
vote. The Chair may
meet and consult with the Ombudsman and | ||
the head of the Small Business
Assistance Program in | ||
planning the activities for the Panel.
| ||
21. Temporary Sources.
| ||
a. The Agency may issue a single permit authorizing | ||
emissions from similar
operations by the same source owner | ||
or operator at multiple temporary
locations, except for | ||
sources which are affected sources for acid deposition
| ||
under Title IV of the Clean Air Act.
| ||
b. The applicant must demonstrate that the operation is | ||
temporary and will
involve at least one change of location | ||
during the term of the permit.
| ||
c. Any such permit shall meet all applicable | ||
requirements of this Section
and applicable regulations, | ||
and include conditions assuring compliance with all
| ||
applicable requirements at all authorized locations and | ||
requirements that the
owner or operator notify the Agency | ||
at least 10 days in advance of each change
in location.
| ||
22. Solid Waste Incineration Units.
| ||
a. A CAAPP permit for a solid waste incineration unit | ||
combusting municipal
waste subject to standards | ||
promulgated under Section 129(e) of the Clean Air
Act shall | ||
be issued for a period of 12 years and shall be reviewed | ||
every 5
years, unless the Agency requires more frequent | ||
review through Agency
procedures.
| ||
b. During the review in paragraph (a) of this | ||
subsection, the Agency shall
fully review the previously | ||
submitted CAAPP permit application and
corresponding | ||
reports subsequently submitted to determine whether the | ||
source is
in compliance with all applicable requirements.
|
c. If the Agency determines that the source is not in | ||
compliance with all
applicable requirements it shall | ||
revise the CAAPP permit as appropriate.
| ||
d. The Agency shall have the authority to adopt | ||
procedural rules, in
accordance with the Illinois | ||
Administrative Procedure Act, as the Agency deems
| ||
necessary, to implement this subsection.
| ||
(Source: P.A. 92-24, eff. 7-1-01; 93-32, eff. 7-1-03.)
| ||
(415 ILCS 5/42) (from Ch. 111 1/2, par. 1042)
| ||
Sec. 42. Civil penalties.
| ||
(a) Except as provided in this Section, any person that | ||
violates any
provision of this Act or any regulation adopted by | ||
the Board, or any permit
or term or condition thereof, or that | ||
violates any order of the Board pursuant
to this Act, shall be | ||
liable for a civil penalty of not to exceed
$50,000 for the | ||
violation and an additional civil penalty of not to exceed
| ||
$10,000 for each day during which the violation continues; such | ||
penalties may,
upon order of the Board or a court of competent | ||
jurisdiction, be made payable
to the Environmental Protection | ||
Trust Fund, to be used in accordance with the
provisions of the | ||
Environmental Protection Trust Fund Act.
| ||
(b) Notwithstanding the provisions of subsection (a) of | ||
this Section:
| ||
(1) Any person that violates Section 12(f) of this Act | ||
or any
NPDES permit or term or condition thereof, or any | ||
filing requirement,
regulation or order relating to the | ||
NPDES permit program, shall be liable
to a civil penalty of | ||
not to exceed $10,000 per day of violation.
| ||
(2) Any person that violates Section 12(g) of this Act | ||
or any UIC permit
or term or condition thereof, or any | ||
filing requirement, regulation or order
relating to the | ||
State UIC program for all wells, except Class II wells as
| ||
defined by the Board under this Act, shall be liable to a | ||
civil penalty
not to exceed $2,500 per day of violation; | ||
provided, however, that any person
who commits such |
violations relating to the State UIC program for Class
II | ||
wells, as defined by the Board under this Act, shall be | ||
liable to a civil
penalty of not to exceed $10,000 for the | ||
violation and an additional civil
penalty of not to exceed | ||
$1,000 for each day during which the violation
continues.
| ||
(3) Any person that violates Sections 21(f), 21(g), | ||
21(h) or 21(i) of
this Act, or any RCRA permit or term or | ||
condition thereof, or any filing
requirement, regulation | ||
or order relating to the State RCRA program, shall
be | ||
liable to a civil penalty of not to exceed $25,000 per day | ||
of violation.
| ||
(4) In an administrative citation action under Section | ||
31.1 of this Act,
any person found to have violated any | ||
provision of subsection (o) of
Section 21 of this Act shall | ||
pay a civil penalty of $500 for each
violation of each such | ||
provision, plus any hearing costs incurred by the Board
and | ||
the Agency. Such penalties shall be made payable to the | ||
Environmental
Protection Trust Fund, to be used in | ||
accordance with the provisions of the
Environmental | ||
Protection Trust Fund Act; except that if a unit of local
| ||
government issued the administrative citation, 50% of the | ||
civil penalty shall
be payable to the unit of local | ||
government.
| ||
(4-5) In an administrative citation action under | ||
Section 31.1 of this
Act, any person found to have violated | ||
any provision of subsection (p) of
Section 21 of this Act | ||
shall pay a civil penalty of $1,500 for each violation
of
| ||
each such provision, plus any hearing costs incurred by the | ||
Board and the
Agency, except that the civil penalty amount | ||
shall be $3,000 for
each violation of any provision of | ||
subsection (p) of Section 21 that is the
person's second or | ||
subsequent adjudication violation of that
provision. The | ||
penalties shall be deposited into the
Environmental | ||
Protection Trust Fund, to be used in accordance with the
| ||
provisions of the Environmental Protection Trust Fund Act; | ||
except that if a
unit of local government issued the |
administrative citation, 50% of the civil
penalty shall be | ||
payable to the unit of local government.
| ||
(5) Any person who violates subsection 6 of Section | ||
39.5 of this Act
or any CAAPP permit, or term or condition | ||
thereof, or any fee or filing
requirement, or any duty to | ||
allow or carry out inspection, entry or
monitoring | ||
activities, or any regulation or order relating to the | ||
CAAPP
shall be liable for a civil penalty not to exceed | ||
$10,000 per day of violation.
| ||
(b.5) In lieu of the penalties set forth in subsections (a) | ||
and (b) of
this Section, any person who fails to file, in a | ||
timely manner, toxic
chemical release forms with the Agency | ||
pursuant to Section 25b-2
of this Act
shall be liable for a | ||
civil penalty of $100 per day for
each day the forms are
late, | ||
not to exceed a maximum total penalty of $6,000. This daily | ||
penalty
shall begin accruing on the thirty-first day after the
| ||
date that the person receives the warning notice issued by the | ||
Agency pursuant
to Section 25b-6 of this Act; and the penalty | ||
shall be paid to the Agency. The
daily accrual of penalties | ||
shall cease as of January 1 of the following year.
All | ||
penalties collected by the Agency pursuant to this subsection | ||
shall be
deposited into the Environmental Protection Permit and | ||
Inspection Fund.
| ||
(c) Any person that violates this Act, any rule or | ||
regulation adopted under
this Act, any permit or term or | ||
condition of a permit, or any Board order and
causes the death | ||
of fish
or aquatic life shall, in addition to the other | ||
penalties provided by
this Act, be liable to pay to the State | ||
an additional sum for the
reasonable value of the fish or | ||
aquatic life destroyed. Any money so
recovered shall be placed | ||
in the Wildlife and Fish Fund in the State
Treasury.
| ||
(d) The penalties provided for in this Section may be | ||
recovered in a
civil action.
| ||
(e) The State's Attorney of the county in which the | ||
violation
occurred, or the Attorney General, may, at the | ||
request of the Agency or
on his own motion, institute a civil |
action for an injunction, prohibitory or mandatory, to
restrain | ||
violations of this Act, any rule or regulation adopted under | ||
this Act,
any permit or term or condition of a permit, or any | ||
Board order, or to require such other actions as may be | ||
necessary to address violations of this Act, any rule or | ||
regulation adopted under this Act, any permit or term or | ||
condition of a permit, or any Board order.
| ||
(f) The State's Attorney of the county in which the | ||
violation
occurred, or the Attorney General, shall bring such | ||
actions in the name
of the people of the State of Illinois.
| ||
Without limiting any other authority which may exist for the | ||
awarding
of attorney's fees and costs, the Board or a court of | ||
competent
jurisdiction may award costs and reasonable | ||
attorney's fees, including the
reasonable costs of expert | ||
witnesses and consultants, to the State's
Attorney or the | ||
Attorney General in a case where he has prevailed against a
| ||
person who has committed a wilful, knowing or repeated | ||
violation of this Act,
any rule or regulation adopted under | ||
this Act, any permit or term or condition
of a permit, or any | ||
Board order.
| ||
Any funds collected under this subsection (f) in which the | ||
Attorney
General has prevailed shall be deposited in the
| ||
Hazardous Waste Fund created in Section 22.2 of this Act. Any | ||
funds
collected under this subsection (f) in which a State's | ||
Attorney has
prevailed shall be retained by the county in which | ||
he serves.
| ||
(g) All final orders imposing civil penalties pursuant to | ||
this Section
shall prescribe the time for payment of such | ||
penalties. If any such
penalty is not paid within the time | ||
prescribed, interest on such penalty
at the rate set forth in | ||
subsection (a) of Section 1003 of the Illinois Income
Tax Act, | ||
shall be paid for the period from the date payment is due until | ||
the
date payment is received. However, if the time for payment | ||
is stayed during
the pendency of an appeal, interest shall not | ||
accrue during such stay.
| ||
(h) In determining the appropriate civil penalty to be |
imposed under
subdivisions (a), (b)(1), (b)(2), (b)(3), or | ||
(b)(5) of this
Section, the Board is authorized to consider any | ||
matters of record in
mitigation or aggravation of penalty, | ||
including but not limited to the
following factors:
| ||
(1) the duration and gravity of the violation;
| ||
(2) the presence or absence of due diligence on the | ||
part of the
respondent in attempting to comply with | ||
requirements of this
Act and regulations thereunder or to | ||
secure relief therefrom as provided by
this Act;
| ||
(3) any economic benefits accrued by the respondent
| ||
because of delay in compliance with requirements, in which | ||
case the economic
benefits shall be determined by the | ||
lowest cost alternative for achieving
compliance;
| ||
(4) the amount of monetary penalty which will serve to | ||
deter further
violations by the respondent and to otherwise | ||
aid in enhancing
voluntary
compliance with this Act by the | ||
respondent and other persons
similarly
subject to the Act;
| ||
(5) the number, proximity in time, and gravity of | ||
previously
adjudicated violations of this Act by the | ||
respondent;
| ||
(6) whether the respondent voluntarily self-disclosed, | ||
in accordance
with subsection (i) of this Section, the | ||
non-compliance to the Agency; and
| ||
(7) whether the respondent has agreed to undertake a | ||
"supplemental
environmental project," which means an | ||
environmentally beneficial project that
a respondent | ||
agrees to undertake in settlement of an enforcement action | ||
brought
under this Act, but which the respondent is not | ||
otherwise legally required to
perform.
| ||
In determining the appropriate civil penalty to be imposed | ||
under subsection
(a) or paragraph (1), (2), (3), or (5) of | ||
subsection (b) of this Section, the
Board shall ensure, in all | ||
cases, that the penalty is at least as great as the
economic | ||
benefits, if any, accrued by the respondent as a result of the
| ||
violation, unless the Board finds that imposition of such | ||
penalty would result
in an arbitrary or unreasonable financial |
hardship. However, such civil
penalty
may be off-set in whole | ||
or in part pursuant to a supplemental
environmental project | ||
agreed to by the complainant and the respondent.
| ||
(i) A person who voluntarily self-discloses non-compliance | ||
to the Agency,
of which the Agency had been unaware, is | ||
entitled to a 100% reduction in the
portion of the penalty that | ||
is not based on the economic benefit of
non-compliance if the | ||
person can
establish the following:
| ||
(1) that the non-compliance was discovered through an | ||
environmental
audit or a compliance management system | ||
documented by the regulated entity as
reflecting the | ||
regulated entity's due diligence in preventing, detecting, | ||
and
correcting violations , as defined in Section 52.2 of | ||
this Act, and the person waives the
environmental audit | ||
privileges as provided in that Section with respect to that
| ||
non-compliance ;
| ||
(2) that the non-compliance was disclosed in writing | ||
within 30 days of
the date on which the person discovered | ||
it;
| ||
(3) that the non-compliance was discovered and | ||
disclosed prior to:
| ||
(i) the commencement of an Agency inspection, | ||
investigation, or request
for information;
| ||
(ii) notice of a citizen suit;
| ||
(iii) the filing of a complaint by a citizen, the | ||
Illinois Attorney
General, or the State's Attorney of | ||
the county in which the violation occurred;
| ||
(iv) the reporting of the non-compliance by an | ||
employee of the person
without that person's | ||
knowledge; or
| ||
(v) imminent discovery of the non-compliance by | ||
the Agency;
| ||
(4) that the non-compliance is being corrected and any | ||
environmental
harm is being remediated in a timely fashion;
| ||
(5) that the person agrees to prevent a recurrence of | ||
the non-compliance;
|
(6) that no related non-compliance events have | ||
occurred in the
past 3 years at the same facility or in the | ||
past 5 years as part of a
pattern at multiple facilities | ||
owned or operated by the person;
| ||
(7) that the non-compliance did not result in serious | ||
actual
harm or present an imminent and substantial | ||
endangerment to human
health or the environment or violate | ||
the specific terms of any judicial or
administrative order | ||
or consent agreement;
| ||
(8) that the person cooperates as reasonably requested | ||
by the Agency
after the disclosure; and
| ||
(9) that the non-compliance was identified voluntarily | ||
and not through a
monitoring, sampling, or auditing | ||
procedure that is required by statute, rule,
permit, | ||
judicial or administrative order, or consent agreement.
| ||
If a person can establish all of the elements under this | ||
subsection except
the element set forth in paragraph (1) of | ||
this subsection, the person is
entitled to a 75% reduction in | ||
the portion of the penalty that is not based
upon the economic | ||
benefit of non-compliance.
| ||
(Source: P.A. 93-152, eff. 7-10-03; 93-575, eff. 1-1-04; | ||
93-831, eff. 7-28-04.)
| ||
(415 ILCS 5/52.2 rep.)
| ||
Section 10. The Environmental Protection Act is amended by | ||
repealing Section
52.2.
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. |