Public Act 90-0367 of the 90th General Assembly
Public Act 90-0367
SB819 Enrolled LRB9002019DPcc
AN ACT to amend the Environmental Protection Act by
changing Sections 9.6, 39, and 39.5.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Environmental Protection Act is amended
by changing Sections 9.6, 39, and 39.5 as follows:
(415 ILCS 5/9.6) (from Ch. 111 1/2, par. 1009.6)
Sec. 9.6. Air pollution operating permit fee.
(a) For any site for which an air pollution operating
permit is required, other than a site permitted solely as a
retail liquid dispensing facility that has air pollution
control equipment or an agrichemical facility with an
endorsed permit pursuant to Section 39.4, the owner or
operator of that site shall pay an initial annual fee to the
Agency within 30 days of receipt of the permit before the
permit is issued and an annual fee each year thereafter for
as long as a permit is in effect. The initial annual fee
shall be refunded if the permit is denied.
(b) The following fee amounts shall apply:
(1) The fee for a site permitted to emit less than
25 tons per year of any combination of regulated air
pollutants, as defined in Section 39.5 of this Act, is
$100 per year, beginning July 1, 1993, except as provided
in subsection (c) of this Section.
(2) The fee for a site permitted to emit at least
25 tons per year but less than 100 tons per year of any
combination of regulated air pollutants, as defined in
Section 39.5 of this Act, is $1,000 per year beginning
July 1, 1993, except as provided in subsection (c) of
this Section.
(3) The fee for a site permitted to emit at least
100 tons per year of any combination of regulated air
pollutants is $2,500 per year beginning July 1, 1993,
except as provided in subsection (c) of this Section;
provided, however, that the fee shall not exceed the
amount that would be required for the site if it were
subject to the fee requirements of Section 39.5 of this
Act.
(c) The owner or operator of any source subject to
paragraphs (b)(1), (b)(2), or (b)(3) of this Section that
becomes subject to Section 39.5 of this Act shall continue to
pay the fee set forth in this Section until the source
becomes subject to the fee set forth within subsection 18 of
Section 39.5 of this Act. In the event a site has paid a fee
under this Section during the 12 month period following the
effective date of the CAAPP, the fee amount shall be deducted
from any amount due under subsection 18 of Section 39.5 of
this Act. Owners or operators that are subject to paragraph
(b)(1), (b)(2), or (b)(3) of this Section, but that are not
also subject to Section 39.5, or excluded pursuant to
subsection 1.1 or subsection 3(c) of Section 39.5 shall
continue to pay the fee amounts set forth within paragraphs
(b)(1), (b)(2), or (b)(3), whichever is applicable.
(d) Only one air pollution site fee may be collected
from any site, even if such site receives more than one air
pollution control permit.
(e) The Agency shall establish procedures for the
collection of air pollution site fees. Air pollution site
fees may be paid annually, or in advance for the number of
years for which the permit is issued, at the option of the
owner or operator.
(f) The Agency may deny an application for the issuance
or renewal of an air pollution operating permit if any air
pollution site fee owed by the applicant has not been paid
within 60 days of the due date, unless the applicant, at the
time of application, pays to the Agency in advance the air
pollution site fee for the site that is the subject of the
operating permit, plus any other air pollution site fees then
owed by the applicant. The denial of an air pollution
operating permit for failure to pay an air pollution site fee
shall be subject to review by the Board pursuant to the
provisions of subsection (a) of Section 40 of this Act.
(Source: P.A. 88-496; 88-690, eff. 1-24-95.)
(415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
Sec. 39. Issuance of permits; procedures.
(a) When the Board has by regulation required a permit
for the construction, installation, or operation of any type
of facility, equipment, vehicle, vessel, or aircraft, the
applicant shall apply to the Agency for such permit and it
shall be the duty of the Agency to issue such a permit upon
proof by the applicant that the facility, equipment, vehicle,
vessel, or aircraft will not cause a violation of this Act or
of regulations hereunder. The Agency shall adopt such
procedures as are necessary to carry out its duties under
this Section. In granting permits the Agency may impose such
conditions as may be necessary to accomplish the purposes of
this Act, and as are not inconsistent with the regulations
promulgated by the Board hereunder. Except as otherwise
provided in this Act, a bond or other security shall not be
required as a condition for the issuance of a permit. If the
Agency denies any permit under this Section, the Agency shall
transmit to the applicant within the time limitations of this
Section specific, detailed statements as to the reasons the
permit application was denied. Such statements shall
include, but not be limited to the following:
(i) the Sections of this Act which may be violated
if the permit were granted;
(ii) the provision of the regulations, promulgated
under this Act, which may be violated if the permit were
granted;
(iii) the specific type of information, if any,
which the Agency deems the applicant did not provide the
Agency; and
(iv) a statement of specific reasons why the Act
and the regulations might not be met if the permit were
granted.
If there is no final action by the Agency within 90 days
after the filing of the application for permit, the applicant
may deem the permit issued; except that this time period
shall be extended to 180 days when (1) notice and
opportunity for public hearing are required by State or
federal law or regulation, (2) the application which was
filed is for any permit to develop a landfill subject to
issuance pursuant to this subsection, or (3) the application
that was filed is for a MSWLF unit required to issue public
notice under subsection (p) of Section 39.
The Agency shall publish notice of all final permit
determinations for development permits for MSWLF units and
for significant permit modifications for lateral expansions
for existing MSWLF units one time in a newspaper of general
circulation in the county in which the unit is or is proposed
to be located.
After January 1, 1994 and until July 1, 1998, operating
permits issued under this Section by the Agency for sources
of air pollution permitted to emit less than 25 tons per year
of any combination of regulated air pollutants, as defined in
Section 39.5 of this Act, shall be required to be renewed
only upon written request by the Agency consistent with
applicable provisions of this Act and regulations promulgated
hereunder. Such operating permits shall expire 180 days
after the date of such a request. The Board shall revise its
regulations for the existing State air pollution operating
permit program consistent with this provision by January 1,
1994.
After June 30, 1998, operating permits issued under this
Section by the Agency for sources of air pollution that are
not subject to Section 39.5 of this Act and are not required
to have a federally enforceable State operating permit shall
be required to be renewed only upon written request by the
Agency consistent with applicable provisions of this Act and
its rules. Such operating permits shall expire 180 days after
the date of such a request. Before July 1, 1998, the Board
shall revise its rules for the existing State air pollution
operating permit program consistent with this paragraph and
shall adopt rules that require a source to demonstrate that
it qualifies for a permit under this paragraph.
(b) The Agency may issue NPDES permits exclusively under
this subsection for the discharge of contaminants from point
sources into navigable waters, all as defined in the Federal
Water Pollution Control Act, as now or hereafter amended,
within the jurisdiction of the State, or into any well.
All NPDES permits shall contain those terms and
conditions, including but not limited to schedules of
compliance, which may be required to accomplish the purposes
and provisions of this Act.
The Agency may issue general NPDES permits for discharges
from categories of point sources which are subject to the
same permit limitations and conditions. Such general permits
may be issued without individual applications and shall
conform to regulations promulgated under Section 402 of the
Federal Water Pollution Control Act, as now or hereafter
amended.
The Agency may include, among such conditions, effluent
limitations and other requirements established under this
Act, Board regulations, the Federal Water Pollution Control
Act, as now or hereafter amended, and regulations pursuant
thereto, and schedules for achieving compliance therewith at
the earliest reasonable date.
The Agency shall adopt filing requirements and procedures
which are necessary and appropriate for the issuance of NPDES
permits, and which are consistent with the Act or regulations
adopted by the Board, and with the Federal Water Pollution
Control Act, as now or hereafter amended, and regulations
pursuant thereto.
The Agency, subject to any conditions which may be
prescribed by Board regulations, may issue NPDES permits to
allow discharges beyond deadlines established by this Act or
by regulations of the Board without the requirement of a
variance, subject to the Federal Water Pollution Control Act,
as now or hereafter amended, and regulations pursuant
thereto.
(c) Except for those facilities owned or operated by
sanitary districts organized under the Metropolitan Water
Reclamation District Act, no permit for the development or
construction of a new pollution control facility may be
granted by the Agency unless the applicant submits proof to
the Agency that the location of the facility has been
approved by the County Board of the county if in an
unincorporated area, or the governing body of the
municipality when in an incorporated area, in which the
facility is to be located in accordance with Section 39.2 of
this Act.
Beginning August 20, 1993, if the pollution control
facility consists of a hazardous or solid waste disposal
facility for which the proposed site is located in an
unincorporated area of a county with a population of less
than 100,000 and includes all or a portion of a parcel of
land that was, on April 1, 1993, adjacent to a municipality
having a population of less than 5,000, then the local siting
review required under this subsection (c) in conjunction with
any permit applied for after that date shall be performed by
the governing body of that adjacent municipality rather than
the county board of the county in which the proposed site is
located; and for the purposes of that local siting review,
any references in this Act to the county board shall be
deemed to mean the governing body of that adjacent
municipality; provided, however, that the provisions of this
paragraph shall not apply to any proposed site which was, on
April 1, 1993, owned in whole or in part by another
municipality.
In the case of a pollution control facility for which a
development permit was issued before November 12, 1981, if an
operating permit has not been issued by the Agency prior to
August 31, 1989 for any portion of the facility, then the
Agency may not issue or renew any development permit nor
issue an original operating permit for any portion of such
facility unless the applicant has submitted proof to the
Agency that the location of the facility has been approved by
the appropriate county board or municipal governing body
pursuant to Section 39.2 of this Act.
After January 1, 1994, if a solid waste disposal
facility, any portion for which an operating permit has been
issued by the Agency, has not accepted waste disposal for 5
or more consecutive calendars years, before that facility may
accept any new or additional waste for disposal, the owner
and operator must obtain a new operating permit under this
Act for that facility unless the owner and operator have
applied to the Agency for a permit authorizing the temporary
suspension of waste acceptance. The Agency may not issue a
new operation permit under this Act for the facility unless
the applicant has submitted proof to the Agency that the
location of the facility has been approved or re-approved by
the appropriate county board or municipal governing body
under Section 39.2 of this Act after the facility ceased
accepting waste.
Except for those facilities owned or operated by sanitary
districts organized under the Metropolitan Water Reclamation
District Act, and except for new pollution control facilities
governed by Section 39.2, and except for fossil fuel mining
facilities, the granting of a permit under this Act shall not
relieve the applicant from meeting and securing all necessary
zoning approvals from the unit of government having zoning
jurisdiction over the proposed facility.
Before beginning construction on any new sewage treatment
plant or sludge drying site to be owned or operated by a
sanitary district organized under the Metropolitan Water
Reclamation District Act for which a new permit (rather than
the renewal or amendment of an existing permit) is required,
such sanitary district shall hold a public hearing within the
municipality within which the proposed facility is to be
located, or within the nearest community if the proposed
facility is to be located within an unincorporated area, at
which information concerning the proposed facility shall be
made available to the public, and members of the public shall
be given the opportunity to express their views concerning
the proposed facility.
The Agency may issue a permit for a municipal waste
transfer station without requiring approval pursuant to
Section 39.2 provided that the following demonstration is
made:
(1) the municipal waste transfer station was in
existence on or before January 1, 1979 and was in
continuous operation from January 1, 1979 to January 1,
1993;
(2) the operator submitted a permit application to
the Agency to develop and operate the municipal waste
transfer station during April of 1994;
(3) the operator can demonstrate that the county
board of the county, if the municipal waste transfer
station is in an unincorporated area, or the governing
body of the municipality, if the station is in an
incorporated area, does not object to resumption of the
operation of the station; and
(4) the site has local zoning approval.
(d) The Agency may issue RCRA permits exclusively under
this subsection to persons owning or operating a facility for
the treatment, storage, or disposal of hazardous waste as
defined under this Act.
All RCRA permits shall contain those terms and
conditions, including but not limited to schedules of
compliance, which may be required to accomplish the purposes
and provisions of this Act. The Agency may include among
such conditions standards and other requirements established
under this Act, Board regulations, the Resource Conservation
and Recovery Act of 1976 (P.L. 94-580), as amended, and
regulations pursuant thereto, and may include schedules for
achieving compliance therewith as soon as possible. The
Agency shall require that a performance bond or other
security be provided as a condition for the issuance of a
RCRA permit.
In the case of a permit to operate a hazardous waste or
PCB incinerator as defined in subsection (k) of Section 44,
the Agency shall require, as a condition of the permit, that
the operator of the facility perform such analyses of the
waste to be incinerated as may be necessary and appropriate
to ensure the safe operation of the incinerator.
The Agency shall adopt filing requirements and procedures
which are necessary and appropriate for the issuance of RCRA
permits, and which are consistent with the Act or regulations
adopted by the Board, and with the Resource Conservation and
Recovery Act of 1976 (P.L. 94-580), as amended, and
regulations pursuant thereto.
The applicant shall make available to the public for
inspection all documents submitted by the applicant to the
Agency in furtherance of an application, with the exception
of trade secrets, at the office of the county board or
governing body of the municipality. Such documents may be
copied upon payment of the actual cost of reproduction during
regular business hours of the local office. The Agency shall
issue a written statement concurrent with its grant or denial
of the permit explaining the basis for its decision.
(e) The Agency may issue UIC permits exclusively under
this subsection to persons owning or operating a facility for
the underground injection of contaminants as defined under
this Act.
All UIC permits shall contain those terms and conditions,
including but not limited to schedules of compliance, which
may be required to accomplish the purposes and provisions of
this Act. The Agency may include among such conditions
standards and other requirements established under this Act,
Board regulations, the Safe Drinking Water Act (P.L. 93-523),
as amended, and regulations pursuant thereto, and may include
schedules for achieving compliance therewith. The Agency
shall require that a performance bond or other security be
provided as a condition for the issuance of a UIC permit.
The Agency shall adopt filing requirements and procedures
which are necessary and appropriate for the issuance of UIC
permits, and which are consistent with the Act or regulations
adopted by the Board, and with the Safe Drinking Water Act
(P.L. 93-523), as amended, and regulations pursuant thereto.
The applicant shall make available to the public for
inspection, all documents submitted by the applicant to the
Agency in furtherance of an application, with the exception
of trade secrets, at the office of the county board or
governing body of the municipality. Such documents may be
copied upon payment of the actual cost of reproduction during
regular business hours of the local office. The Agency shall
issue a written statement concurrent with its grant or denial
of the permit explaining the basis for its decision.
(f) In making any determination pursuant to Section 9.1
of this Act:
(1) The Agency shall have authority to make the
determination of any question required to be determined
by the Clean Air Act, as now or hereafter amended, this
Act, or the regulations of the Board, including the
determination of the Lowest Achievable Emission Rate,
Maximum Achievable Control Technology, or Best Available
Control Technology, consistent with the Board's
regulations, if any.
(2) The Agency shall, after conferring with the
applicant, give written notice to the applicant of its
proposed decision on the application including the terms
and conditions of the permit to be issued and the facts,
conduct or other basis upon which the Agency will rely to
support its proposed action.
(3) Following such notice, the Agency shall give
the applicant an opportunity for a hearing in accordance
with the provisions of Sections 10-25 through 10-60 of
the Illinois Administrative Procedure Act.
(g) The Agency shall include as conditions upon all
permits issued for hazardous waste disposal sites such
restrictions upon the future use of such sites as are
reasonably necessary to protect public health and the
environment, including permanent prohibition of the use of
such sites for purposes which may create an unreasonable risk
of injury to human health or to the environment. After
administrative and judicial challenges to such restrictions
have been exhausted, the Agency shall file such restrictions
of record in the Office of the Recorder of the county in
which the hazardous waste disposal site is located.
(h) A hazardous waste stream may not be deposited in a
permitted hazardous waste site unless specific authorization
is obtained from the Agency by the generator and disposal
site owner and operator for the deposit of that specific
hazardous waste stream. The Agency may grant specific
authorization for disposal of hazardous waste streams only
after the generator has reasonably demonstrated that,
considering technological feasibility and economic
reasonableness, the hazardous waste cannot be reasonably
recycled for reuse, nor incinerated or chemically, physically
or biologically treated so as to neutralize the hazardous
waste and render it nonhazardous. In granting authorization
under this Section, the Agency may impose such conditions as
may be necessary to accomplish the purposes of the Act and
are consistent with this Act and regulations promulgated by
the Board hereunder. If the Agency refuses to grant
authorization under this Section, the applicant may appeal as
if the Agency refused to grant a permit, pursuant to the
provisions of subsection (a) of Section 40 of this Act. For
purposes of this subsection (h), the term "generator" has the
meaning given in Section 3.12 of this Act, unless: (1) the
hazardous waste is treated, incinerated, or partially
recycled for reuse prior to disposal, in which case the last
person who treats, incinerates, or partially recycles the
hazardous waste prior to disposal is the generator; or (2)
the hazardous waste is from a response action, in which case
the person performing the response action is the generator.
This subsection (h) does not apply to any hazardous waste
that is restricted from land disposal under 35 Ill. Adm. Code
728.
(i) Before issuing any RCRA permit or any permit for the
conduct of any waste-transportation or waste-disposal
operation, the Agency shall conduct an evaluation of the
prospective operator's prior experience in waste management
operations. The Agency may deny such a permit if the
prospective operator or any employee or officer of the
prospective operator has a history of:
(1) repeated violations of federal, State, or local
laws, regulations, standards, or ordinances in the
operation of refuse disposal facilities or sites; or
(2) conviction in this or another State of any
crime which is a felony under the laws of this State, or
conviction of a felony in a federal court; or
(3) proof of gross carelessness or incompetence in
handling, storing, processing, transporting or disposing
of any hazardous waste.
(j) The issuance under this Act of a permit to engage in
the surface mining of any resources other than fossil fuels
shall not relieve the permittee from its duty to comply with
any applicable local law regulating the commencement,
location or operation of surface mining facilities.
(k) A development permit issued under subsection (a) of
Section 39 for any facility or site which is required to have
a permit under subsection (d) of Section 21 shall expire at
the end of 2 calendar years from the date upon which it was
issued, unless within that period the applicant has taken
action to develop the facility or the site. In the event that
review of the conditions of the development permit is sought
pursuant to Section 40 or 41, or permittee is prevented from
commencing development of the facility or site by any other
litigation beyond the permittee's control, such two-year
period shall be deemed to begin on the date upon which such
review process or litigation is concluded.
(l) No permit shall be issued by the Agency under this
Act for construction or operation of any facility or site
located within the boundaries of any setback zone established
pursuant to this Act, where such construction or operation is
prohibited.
(m) The Agency may issue permits to persons owning or
operating a facility for composting landscape waste. In
granting such permits, the Agency may impose such conditions
as may be necessary to accomplish the purposes of this Act,
and as are not inconsistent with applicable regulations
promulgated by the Board. Except as otherwise provided in
this Act, a bond or other security shall not be required as a
condition for the issuance of a permit. If the Agency denies
any permit pursuant to this subsection, the Agency shall
transmit to the applicant within the time limitations of this
subsection specific, detailed statements as to the reasons
the permit application was denied. Such statements shall
include but not be limited to the following:
(1) the Sections of this Act that may be violated
if the permit were granted;
(2) the specific regulations promulgated pursuant
to this Act that may be violated if the permit were
granted;
(3) the specific information, if any, the Agency
deems the applicant did not provide in its application to
the Agency; and
(4) a statement of specific reasons why the Act and
the regulations might be violated if the permit were
granted.
If no final action is taken by the Agency within 90 days
after the filing of the application for permit, the applicant
may deem the permit issued. Any applicant for a permit may
waive the 90 day limitation by filing a written statement
with the Agency.
The Agency shall issue permits for such facilities upon
receipt of an application that includes a legal description
of the site, a topographic map of the site drawn to the scale
of 200 feet to the inch or larger, a description of the
operation, including the area served, an estimate of the
volume of materials to be processed, and documentation that:
(1) the facility includes a setback of at least 200
feet from the nearest potable water supply well;
(2) the facility is located outside the boundary of
the 10-year floodplain or the site will be floodproofed;
(3) the facility is located so as to minimize
incompatibility with the character of the surrounding
area, including at least a 200 foot setback from any
residence, and in the case of a facility that is
developed or the permitted composting area of which is
expanded after November 17, 1991, the composting area is
located at least 1/8 mile from the nearest residence
(other than a residence located on the same property as
the facility);
(4) the design of the facility will prevent any
compost material from being placed within 5 feet of the
water table, will adequately control runoff from the
site, and will collect and manage any leachate that is
generated on the site;
(5) the operation of the facility will include
appropriate dust and odor control measures, limitations
on operating hours, appropriate noise control measures
for shredding, chipping and similar equipment, management
procedures for composting, containment and disposal of
non-compostable wastes, procedures to be used for
terminating operations at the site, and recordkeeping
sufficient to document the amount of materials received,
composted and otherwise disposed of; and
(6) the operation will be conducted in accordance
with any applicable rules adopted by the Board.
The Agency shall issue renewable permits of not longer
than 10 years in duration for the composting of landscape
wastes, as defined in Section 3.70 of this Act, based on the
above requirements.
The operator of any facility permitted under this
subsection (m) must submit a written annual statement to the
Agency on or before April 1 of each year that includes an
estimate of the amount of material, in tons, received for
composting.
(n) The Agency shall issue permits jointly with the
Department of Transportation for the dredging or deposit of
material in Lake Michigan in accordance with Section 18 of
the Rivers, Lakes, and Streams Act.
(o) From September 4, 1990 until December 31, 1993, no
permit shall be issued by the Agency for the development or
construction of any new facility intended to be used for the
incineration of any hazardous waste. This subsection shall
not apply to facilities intended for use for combustion of
potentially infectious medical waste, for use as part of a
State or federally designated clean-up action, or for use
solely for the conduct of research and the development and
demonstration of technologies for the incineration of
hazardous waste.
(p) (1) Any person submitting an application for a
permit for a new MSWLF unit or for a lateral expansion under
subsection (t) of Section 21 of this Act for an existing
MSWLF unit that has not received and is not subject to local
siting approval under Section 39.2 of this Act shall publish
notice of the application in a newspaper of general
circulation in the county in which the MSWLF unit is or is
proposed to be located. The notice must be published at
least 15 days before submission of the permit application to
the Agency. The notice shall state the name and address of
the applicant, the location of the MSWLF unit or proposed
MSWLF unit, the nature and size of the MSWLF unit or proposed
MSWLF unit, the nature of the activity proposed, the probable
life of the proposed activity, the date the permit
application will be submitted, and a statement that persons
may file written comments with the Agency concerning the
permit application within 30 days after the filing of the
permit application unless the time period to submit comments
is extended by the Agency.
When a permit applicant submits information to the Agency
to supplement a permit application being reviewed by the
Agency, the applicant shall not be required to reissue the
notice under this subsection.
(2) The Agency shall accept written comments concerning
the permit application that are postmarked no later then 30
days after the filing of the permit application, unless the
time period to accept comments is extended by the Agency.
(3) Each applicant for a permit described in part (1) of
this subsection shall file a copy of the permit application
with the county board or governing body of the municipality
in which the MSWLF unit is or is proposed to be located at
the same time the application is submitted to the Agency.
The permit application filed with the county board or
governing body of the municipality shall include all
documents submitted to or to be submitted to the Agency,
except trade secrets as determined under Section 7.1 of this
Act. The permit application and other documents on file with
the county board or governing body of the municipality shall
be made available for public inspection during regular
business hours at the office of the county board or the
governing body of the municipality and may be copied upon
payment of the actual cost of reproduction.
(Source: P.A. 88-45; 88-293; 88-320; 88-447; 88-464; 88-496;
88-670, eff. 12-2-94; 88-681, eff. 12-22-94; 89-487, eff.
6-21-96; 89-556, eff. 7-26-96; revised 8-19-96.)
(415 ILCS 5/39.5) (from Ch. 111 1/2, par. 1039.5)
Sec. 39.5. Clean Air Act Permit Program.
1. Definitions.
For purposes of this Section:
"Administrative permit amendment" means a permit revision
subject to subsection 13 of this Section.
"Affected source for acid deposition" means a source that
includes one or more affected units under Title IV of the
Clean Air Act.
"Affected States" for purposes of formal distribution of
a draft CAAPP permit to other States for comments prior to
issuance, means all States:
(1) Whose air quality may be affected by the source
covered by the draft permit and that are contiguous to
Illinois; or
(2) That are within 50 miles of the source.
"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.
"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):
(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.
(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.
(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.
(3) Any standard or other requirement under Section
111 of the Clean Air Act, including Section 111(d).
(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.
(5) Any standard or other requirement of the acid
rain program under Title IV of the Clean Air Act or the
regulations promulgated thereunder.
(6) Any requirements established pursuant to
Section 504(b) or Section 114(a)(3) of the Clean Air Act.
(7) Any standard or other requirement governing
solid waste incineration, under Section 129 of the Clean
Air Act.
(8) Any standard or other requirement for consumer
and commercial products, under Section 183(e) of the
Clean Air Act.
(9) Any standard or other requirement for tank
vessels, under Section 183(f) of the Clean Air Act.
(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.
(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.
(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.
"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).
"CAAPP" means the Clean Air Act Permit Program, developed
pursuant to Title V of the Clean Air Act.
"CAAPP application" means an application for a CAAPP
permit.
"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.
"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.
"Clean Air Act" means the Clean Air Act, as now and
hereafter amended, 42 U.S.C. 7401, et seq.
"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.
"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.
"Effective date of the CAAPP" means the date that USEPA
approves Illinois' CAAPP.
"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.
"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.
"General permit" means a permit issued to cover numerous
similar sources in accordance with subsection 11 of this
Section.
"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.
"Maximum achievable control technology" or "MACT" means
the maximum degree of reductions in emissions deemed
achievable under Section 112 of the Clean Air Act.
"Owner or operator" means any person who owns, leases,
operates, controls, or supervises a stationary source.
"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.
"Regulated air pollutant" means the following:
(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.
(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
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.
"Source" means any stationary source (or any group of
stationary sources that are located on one or more contiguous
or adjacent properties, and are under common control of the
same person or persons under common control) belonging 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 industrial
grouping if all of the pollutant emitting activities at such
source or group of sources on contiguous or adjacent property
belong to the same Major Group (i.e., all have the same
two-digit code) as described in the Standard Industrial
Classification Manual, 1987.
"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.
"USEPA" means the Administrator of the United States
Environmental Protection Agency (USEPA) or a person
designated by the Administrator.
1.1. Exclusion From the CAAPP.
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.
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 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 supercede 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. Incorporates into the CAAPP permit revised
limitations or other requirements resulting from the
application of an approved economic incentives rule,
a marketable permits rule or generic emissions
trading rule, where these rules have been approved
by USEPA and require changes thereunder to meet
procedural requirements substantially equivalent to
those specified in this Section; 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 $1,000 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 $13.50 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
$100,000. 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. Except for the first year of the
CAAPP, the applicant or permittee may pay the
fee annually or semiannually for those fees
greater than $5,000.
b. For fiscal year 1999 1996 and each fiscal year
thereafter, to the extent that permit fees collected and
deposited in the CAA Permit Fund during that fiscal year
exceed 115% of the actual expenditures (excluding permit
fee reimbursements) from the CAA Permit Fund for that
fiscal year (including lapse period spending), the excess
shall be reimbursed to the permittees in proportion to
their original fee payments. Such reimbursements shall
be made during the next fiscal year and may be made in
the form of a credit against that fiscal year's permit
fee.
c. There shall be created a CAA Fee Panel of 5
persons. The Panel shall:
i. If it deems necessary on an annual basis,
render advisory opinions to the Agency and the
General Assembly regarding the appropriate level of
Title V Clean Air Act fees for the next fiscal year.
Such advisory opinions shall be based on a study of
the operations of the Agency and any other entity
requesting appropriations from the CAA Permit Fund.
This study shall recommend changes in the fee
structure, if warranted. The study will be based on
the ability of the Agency or other entity to
effectively utilize the funds generated as well as
the entity's conformance with the objectives and
measurable benchmarks identified by the Agency as
justification for the prior year's fee. Such
advisory opinions shall be submitted to the
appropriation committees no later than April 15th of
each year.
ii. Not be compensated for their services, but
shall receive reimbursement for their expenses.
iii. Be appointed as follows: 4 members by
the Director of the Agency from a list of no more
than 8 persons, submitted by representatives of
associations who represent facilities subject to the
provisions of this subsection and the Director of
the Agency or designee.
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. The General Assembly
may appropriate up to the sum of $25,000 to the Agency
from the CAA Permit Fund for use by the Panel in carrying
out its responsibilities under this subsection.
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;
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; and
iv. during the years 1995 through 1999
inclusive, any emissions from affected sources for
acid deposition under Section 408(c)(4) of the Clean
Air Act.
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. 88-464; 88-668, eff. 9-16-94; 89-79, eff.
6-30-95.)
Section 99. Effective date. This Act takes effect upon
becoming law.