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1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Environmental Protection Act is amended by
5changing Section 39.5 as follows:
 
6    (415 ILCS 5/39.5)  (from Ch. 111 1/2, par. 1039.5)
7    Sec. 39.5. Clean Air Act Permit Program.
8    1. Definitions. For purposes of this Section:
9    "Administrative permit amendment" means a permit revision
10subject to subsection 13 of this Section.
11    "Affected source for acid deposition" means a source that
12includes one or more affected units under Title IV of the Clean
13Air Act.
14    "Affected States" for purposes of formal distribution of a
15draft CAAPP permit to other States for comments prior to
16issuance, means all States:
17        (1) Whose air quality may be affected by the source
18    covered by the draft permit and that are contiguous to
19    Illinois; or
20        (2) That are within 50 miles of the source.
21    "Affected unit for acid deposition" shall have the meaning
22given to the term "affected unit" in the regulations
23promulgated under Title IV of the Clean Air Act.

 

 

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1    "Applicable Clean Air Act requirement" means all of the
2following as they apply to emissions units in a source
3(including regulations that have been promulgated or approved
4by USEPA pursuant to the Clean Air Act which directly impose
5requirements upon a source and other such federal requirements
6which have been adopted by the Board. These may include
7requirements and regulations which have future effective
8compliance dates. Requirements and regulations will be exempt
9if USEPA determines that such requirements need not be
10contained in a Title V permit):
11        (1) Any standard or other requirement provided for in
12    the applicable state implementation plan approved or
13    promulgated by USEPA under Title I of the Clean Air Act
14    that implements the relevant requirements of the Clean Air
15    Act, including any revisions to the state Implementation
16    Plan promulgated in 40 CFR Part 52, Subparts A and O and
17    other subparts applicable to Illinois. For purposes of
18    this paragraph (1) of this definition, "any standard or
19    other requirement" means only such standards or
20    requirements directly enforceable against an individual
21    source under the Clean Air Act.
22        (2)(i) Any term or condition of any preconstruction
23        permits issued pursuant to regulations approved or
24        promulgated by USEPA under Title I of the Clean Air
25        Act, including Part C or D of the Clean Air Act.
26            (ii) Any term or condition as required pursuant to

 

 

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1        Section 39.5 of any federally enforceable State
2        operating permit issued pursuant to regulations
3        approved or promulgated by USEPA under Title I of the
4        Clean Air Act, including Part C or D of the Clean Air
5        Act.
6        (3) Any standard or other requirement under Section
7    111 of the Clean Air Act, including Section 111(d).
8        (4) Any standard or other requirement under Section
9    112 of the Clean Air Act, including any requirement
10    concerning accident prevention under Section 112(r)(7) of
11    the Clean Air Act.
12        (5) Any standard or other requirement of the acid rain
13    program under Title IV of the Clean Air Act or the
14    regulations promulgated thereunder.
15        (6) Any requirements established pursuant to Section
16    504(b) or Section 114(a)(3) of the Clean Air Act.
17        (7) Any standard or other requirement governing solid
18    waste incineration, under Section 129 of the Clean Air
19    Act.
20        (8) Any standard or other requirement for consumer and
21    commercial products, under Section 183(e) of the Clean Air
22    Act.
23        (9) Any standard or other requirement for tank
24    vessels, under Section 183(f) of the Clean Air Act.
25        (10) Any standard or other requirement of the program
26    to control air pollution from Outer Continental Shelf

 

 

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1    sources, under Section 328 of the Clean Air Act.
2        (11) Any standard or other requirement of the
3    regulations promulgated to protect stratospheric ozone
4    under Title VI of the Clean Air Act, unless USEPA has
5    determined that such requirements need not be contained in
6    a Title V permit.
7        (12) Any national ambient air quality standard or
8    increment or visibility requirement under Part C of Title
9    I of the Clean Air Act, but only as it would apply to
10    temporary sources permitted pursuant to Section 504(e) of
11    the Clean Air Act.
12    "Applicable requirement" means all applicable Clean Air
13Act requirements and any other standard, limitation, or other
14requirement contained in this Act or regulations promulgated
15under this Act as applicable to sources of air contaminants
16(including requirements that have future effective compliance
17dates).
18    "CAAPP" means the Clean Air Act Permit Program, developed
19pursuant to Title V of the Clean Air Act.
20    "CAAPP application" means an application for a CAAPP
21permit.
22    "CAAPP Permit" or "permit" (unless the context suggests
23otherwise) means any permit issued, renewed, amended, modified
24or revised pursuant to Title V of the Clean Air Act.
25    "CAAPP source" means any source for which the owner or
26operator is required to obtain a CAAPP permit pursuant to

 

 

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1subsection 2 of this Section.
2    "Clean Air Act" means the Clean Air Act, as now and
3hereafter amended, 42 U.S.C. 7401, et seq.
4    "Designated representative" has the meaning given to it in
5Section 402(26) of the Clean Air Act and the regulations
6promulgated thereunder, which state that the term "designated
7representative" means a responsible person or official
8authorized by the owner or operator of a unit to represent the
9owner or operator in all matters pertaining to the holding,
10transfer, or disposition of allowances allocated to a unit,
11and the submission of and compliance with permits, permit
12applications, and compliance plans for the unit.
13    "Draft CAAPP permit" means the version of a CAAPP permit
14for which public notice and an opportunity for public comment
15and hearing is offered by the Agency.
16    "Effective date of the CAAPP" means the date that USEPA
17approves Illinois' CAAPP.
18    "Emission unit" means any part or activity of a stationary
19source that emits or has the potential to emit any air
20pollutant. This term is not meant to alter or affect the
21definition of the term "unit" for purposes of Title IV of the
22Clean Air Act.
23    "Federally enforceable" means enforceable by USEPA.
24    "Final permit action" means the Agency's granting with
25conditions, refusal to grant, renewal of, or revision of a
26CAAPP permit, the Agency's determination of incompleteness of

 

 

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1a submitted CAAPP application, or the Agency's failure to act
2on an application for a permit, permit renewal, or permit
3revision within the time specified in subsection 13,
4subsection 14, or paragraph (j) of subsection 5 of this
5Section.
6    "General permit" means a permit issued to cover numerous
7similar sources in accordance with subsection 11 of this
8Section.
9    "Major source" means a source for which emissions of one
10or more air pollutants meet the criteria for major status
11pursuant to paragraph (c) of subsection 2 of this Section.
12    "Maximum achievable control technology" or "MACT" means
13the maximum degree of reductions in emissions deemed
14achievable under Section 112 of the Clean Air Act.
15    "Owner or operator" means any person who owns, leases,
16operates, controls, or supervises a stationary source.
17    "Permit modification" means a revision to a CAAPP permit
18that cannot be accomplished under the provisions for
19administrative permit amendments under subsection 13 of this
20Section.
21    "Permit revision" means a permit modification or
22administrative permit amendment.
23    "Phase II" means the period of the national acid rain
24program, established under Title IV of the Clean Air Act,
25beginning January 1, 2000, and continuing thereafter.
26    "Phase II acid rain permit" means the portion of a CAAPP

 

 

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1permit issued, renewed, modified, or revised by the Agency
2during Phase II for an affected source for acid deposition.
3    "Potential to emit" means the maximum capacity of a
4stationary source to emit any air pollutant under its physical
5and operational design. Any physical or operational limitation
6on the capacity of a source to emit an air pollutant, including
7air pollution control equipment and restrictions on hours of
8operation or on the type or amount of material combusted,
9stored, or processed, shall be treated as part of its design if
10the limitation is enforceable by USEPA. This definition does
11not alter or affect the use of this term for any other purposes
12under the Clean Air Act, or the term "capacity factor" as used
13in Title IV of the Clean Air Act or the regulations promulgated
14thereunder.
15    "Preconstruction Permit" or "Construction Permit" means a
16permit which is to be obtained prior to commencing or
17beginning actual construction or modification of a source or
18emissions unit.
19    "Proposed CAAPP permit" means the version of a CAAPP
20permit that the Agency proposes to issue and forwards to USEPA
21for review in compliance with applicable requirements of the
22Act and regulations promulgated thereunder.
23    "Regulated air pollutant" means the following:
24        (1) Nitrogen oxides (NOx) or any volatile organic
25    compound.
26        (2) Any pollutant for which a national ambient air

 

 

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1    quality standard has been promulgated.
2        (3) Any pollutant that is subject to any standard
3    promulgated under Section 111 of the Clean Air Act.
4        (4) Any Class I or II substance subject to a standard
5    promulgated under or established by Title VI of the Clean
6    Air Act.
7        (5) Any pollutant subject to a standard promulgated
8    under Section 112 or other requirements established under
9    Section 112 of the Clean Air Act, including Sections
10    112(g), (j) and (r).
11            (i) Any pollutant subject to requirements under
12        Section 112(j) of the Clean Air Act. Any pollutant
13        listed under Section 112(b) for which the subject
14        source would be major shall be considered to be
15        regulated 18 months after the date on which USEPA was
16        required to promulgate an applicable standard pursuant
17        to Section 112(e) of the Clean Air Act, if USEPA fails
18        to promulgate such standard.
19            (ii) Any pollutant for which the requirements of
20        Section 112(g)(2) of the Clean Air Act have been met,
21        but only with respect to the individual source subject
22        to Section 112(g)(2) requirement.
23        (6) Greenhouse gases.
24    "Renewal" means the process by which a permit is reissued
25at the end of its term.
26    "Responsible official" means one of the following:

 

 

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1        (1) For a corporation: a president, secretary,
2    treasurer, or vice-president of the corporation in charge
3    of a principal business function, or any other person who
4    performs similar policy or decision-making functions for
5    the corporation, or a duly authorized representative of
6    such person if the representative is responsible for the
7    overall operation of one or more manufacturing,
8    production, or operating facilities applying for or
9    subject to a permit and either (i) the facilities employ
10    more than 250 persons or have gross annual sales or
11    expenditures exceeding $25 million (in second quarter 1980
12    dollars), or (ii) the delegation of authority to such
13    representative is approved in advance by the Agency.
14        (2) For a partnership or sole proprietorship: a
15    general partner or the proprietor, respectively, or in the
16    case of a partnership in which all of the partners are
17    corporations, a duly authorized representative of the
18    partnership if the representative is responsible for the
19    overall operation of one or more manufacturing,
20    production, or operating facilities applying for or
21    subject to a permit and either (i) the facilities employ
22    more than 250 persons or have gross annual sales or
23    expenditures exceeding $25 million (in second quarter 1980
24    dollars), or (ii) the delegation of authority to such
25    representative is approved in advance by the Agency.
26        (3) For a municipality, State, Federal, or other

 

 

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1    public agency: either a principal executive officer or
2    ranking elected official. For the purposes of this part, a
3    principal executive officer of a Federal agency includes
4    the chief executive officer having responsibility for the
5    overall operations of a principal geographic unit of the
6    agency (e.g., a Regional Administrator of USEPA).
7        (4) For affected sources for acid deposition:
8            (i) The designated representative shall be the
9        "responsible official" in so far as actions,
10        standards, requirements, or prohibitions under Title
11        IV of the Clean Air Act or the regulations promulgated
12        thereunder are concerned.
13            (ii) The designated representative may also be the
14        "responsible official" for any other purposes with
15        respect to air pollution control.
16    "Section 502(b)(10) changes" means changes that contravene
17express permit terms. "Section 502(b)(10) changes" do not
18include changes that would violate applicable requirements or
19contravene federally enforceable permit terms or conditions
20that are monitoring (including test methods), recordkeeping,
21reporting, or compliance certification requirements.
22    "Solid waste incineration unit" means a distinct operating
23unit of any facility which combusts any solid waste material
24from commercial or industrial establishments or the general
25public (including single and multiple residences, hotels, and
26motels). The term does not include incinerators or other units

 

 

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1required to have a permit under Section 3005 of the Solid Waste
2Disposal Act. The term also does not include (A) materials
3recovery facilities (including primary or secondary smelters)
4which combust waste for the primary purpose of recovering
5metals, (B) qualifying small power production facilities, as
6defined in Section 3(17)(C) of the Federal Power Act (16
7U.S.C. 769(17)(C)), or qualifying cogeneration facilities, as
8defined in Section 3(18)(B) of the Federal Power Act (16
9U.S.C. 796(18)(B)), which burn homogeneous waste (such as
10units which burn tires or used oil, but not including
11refuse-derived fuel) for the production of electric energy or
12in the case of qualifying cogeneration facilities which burn
13homogeneous waste for the production of electric energy and
14steam or forms of useful energy (such as heat) which are used
15for industrial, commercial, heating or cooling purposes, or
16(C) air curtain incinerators provided that such incinerators
17only burn wood wastes, yard waste and clean lumber and that
18such air curtain incinerators comply with opacity limitations
19to be established by the USEPA by rule.
20    "Source" means any stationary source (or any group of
21stationary sources) that is located on one or more contiguous
22or adjacent properties that are under common control of the
23same person (or persons under common control) and that belongs
24to a single major industrial grouping. For the purposes of
25defining "source," a stationary source or group of stationary
26sources shall be considered part of a single major industrial

 

 

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1grouping if all of the pollutant emitting activities at such
2source or group of sources located on contiguous or adjacent
3properties and under common control belong to the same Major
4Group (i.e., all have the same two-digit code) as described in
5the Standard Industrial Classification Manual, 1987, or such
6pollutant emitting activities at a stationary source (or group
7of stationary sources) located on contiguous or adjacent
8properties and under common control constitute a support
9facility. The determination as to whether any group of
10stationary sources is located on contiguous or adjacent
11properties, and/or is under common control, and/or whether the
12pollutant emitting activities at such group of stationary
13sources constitute a support facility shall be made on a case
14by case basis.
15    "Stationary source" means any building, structure,
16facility, or installation that emits or may emit any regulated
17air pollutant or any pollutant listed under Section 112(b) of
18the Clean Air Act, except those emissions resulting directly
19from an internal combustion engine for transportation purposes
20or from a nonroad engine or nonroad vehicle as defined in
21Section 216 of the Clean Air Act.
22    "Subject to regulation" has the meaning given to it in 40
23CFR 70.2, as now or hereafter amended.
24    "Support facility" means any stationary source (or group
25of stationary sources) that conveys, stores, or otherwise
26assists to a significant extent in the production of a

 

 

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1principal product at another stationary source (or group of
2stationary sources). A support facility shall be considered to
3be part of the same source as the stationary source (or group
4of stationary sources) that it supports regardless of the
52-digit Standard Industrial Classification code for the
6support facility.
7    "USEPA" means the Administrator of the United States
8Environmental Protection Agency (USEPA) or a person designated
9by the Administrator.
 
10    1.1. Exclusion From the CAAPP.
11        a. An owner or operator of a source which determines
12    that the source could be excluded from the CAAPP may seek
13    such exclusion prior to the date that the CAAPP
14    application for the source is due but in no case later than
15    9 months after the effective date of the CAAPP through the
16    imposition of federally enforceable conditions limiting
17    the "potential to emit" of the source to a level below the
18    major source threshold for that source as described in
19    paragraph (c) of subsection 2 of this Section, within a
20    State operating permit issued pursuant to subsection (a)
21    of Section 39 of this Act. After such date, an exclusion
22    from the CAAPP may be sought under paragraph (c) of
23    subsection 3 of this Section.
24        b. An owner or operator of a source seeking exclusion
25    from the CAAPP pursuant to paragraph (a) of this

 

 

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1    subsection must submit a permit application consistent
2    with the existing State permit program which specifically
3    requests such exclusion through the imposition of such
4    federally enforceable conditions.
5        c. Upon such request, if the Agency determines that
6    the owner or operator of a source has met the requirements
7    for exclusion pursuant to paragraph (a) of this subsection
8    and other applicable requirements for permit issuance
9    under subsection (a) of Section 39 of this Act, the Agency
10    shall issue a State operating permit for such source under
11    subsection (a) of Section 39 of this Act, as amended, and
12    regulations promulgated thereunder with federally
13    enforceable conditions limiting the "potential to emit" of
14    the source to a level below the major source threshold for
15    that source as described in paragraph (c) of subsection 2
16    of this Section.
17        d. The Agency shall provide an owner or operator of a
18    source which may be excluded from the CAAPP pursuant to
19    this subsection with reasonable notice that the owner or
20    operator may seek such exclusion.
21        e. The Agency shall provide such sources with the
22    necessary permit application forms.
 
23    2. Applicability.
24        a. Sources subject to this Section shall include:
25            i. Any major source as defined in paragraph (c) of

 

 

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1        this subsection.
2            ii. Any source subject to a standard or other
3        requirements promulgated under Section 111 (New Source
4        Performance Standards) or Section 112 (Hazardous Air
5        Pollutants) of the Clean Air Act, except that a source
6        is not required to obtain a permit solely because it is
7        subject to regulations or requirements under Section
8        112(r) of the Clean Air Act.
9            iii. Any affected source for acid deposition, as
10        defined in subsection 1 of this Section.
11            iv. Any other source subject to this Section under
12        the Clean Air Act or regulations promulgated
13        thereunder, or applicable Board regulations.
14        b. Sources exempted from this Section shall include:
15            i. All sources listed in paragraph (a) of this
16        subsection that are not major sources, affected
17        sources for acid deposition or solid waste
18        incineration units required to obtain a permit
19        pursuant to Section 129(e) of the Clean Air Act, until
20        the source is required to obtain a CAAPP permit
21        pursuant to the Clean Air Act or regulations
22        promulgated thereunder.
23            ii. Nonmajor sources subject to a standard or
24        other requirements subsequently promulgated by USEPA
25        under Section 111 or 112 of the Clean Air Act that are
26        determined by USEPA to be exempt at the time a new

 

 

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1        standard is promulgated.
2            iii. All sources and source categories that would
3        be required to obtain a permit solely because they are
4        subject to Part 60, Subpart AAA - Standards of
5        Performance for New Residential Wood Heaters (40 CFR
6        Part 60).
7            iv. All sources and source categories that would
8        be required to obtain a permit solely because they are
9        subject to Part 61, Subpart M - National Emission
10        Standard for Hazardous Air Pollutants for Asbestos,
11        Section 61.145 (40 CFR Part 61).
12            v. Any other source categories exempted by USEPA
13        regulations pursuant to Section 502(a) of the Clean
14        Air Act.
15            vi. Major sources of greenhouse gas emissions
16        required to obtain a CAAPP permit under this Section
17        if any of the following occurs:
18                (A) enactment of federal legislation depriving
19            the Administrator of the USEPA of authority to
20            regulate greenhouse gases under the Clean Air Act;
21                (B) the issuance of any opinion, ruling,
22            judgment, order, or decree by a federal court
23            depriving the Administrator of the USEPA of
24            authority to regulate greenhouse gases under the
25            Clean Air Act; or
26                (C) action by the President of the United

 

 

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1            States or the President's authorized agent,
2            including the Administrator of the USEPA, to
3            repeal or withdraw the Greenhouse Gas Tailoring
4            Rule (75 Fed. Reg. 31514, June 3, 2010).
5            If any event listed in this subparagraph (vi)
6        occurs, CAAPP permits issued after such event shall
7        not impose permit terms or conditions addressing
8        greenhouse gases during the effectiveness of any event
9        listed in subparagraph (vi). If any event listed in
10        this subparagraph (vi) occurs, any owner or operator
11        with a CAAPP permit that includes terms or conditions
12        addressing greenhouse gases may elect to submit an
13        application to the Agency to address a revision or
14        repeal of such terms or conditions. If any owner or
15        operator submits such an application, the Agency shall
16        expeditiously process the permit application in
17        accordance with applicable laws and regulations.
18        Nothing in this subparagraph (vi) shall relieve an
19        owner or operator of a source from the requirement to
20        obtain a CAAPP permit for its emissions of regulated
21        air pollutants other than greenhouse gases, as
22        required by this Section.
23        c. For purposes of this Section the term "major
24    source" means any source that is:
25            i. A major source under Section 112 of the Clean
26        Air Act, which is defined as:

 

 

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1                A. For pollutants other than radionuclides,
2            any stationary source or group of stationary
3            sources located within a contiguous area and under
4            common control that emits or has the potential to
5            emit, in the aggregate, 10 tons per year (tpy) or
6            more of any hazardous air pollutant which has been
7            listed pursuant to Section 112(b) of the Clean Air
8            Act, 25 tpy or more of any combination of such
9            hazardous air pollutants, or such lesser quantity
10            as USEPA may establish by rule. Notwithstanding
11            the preceding sentence, emissions from any oil or
12            gas exploration or production well (with its
13            associated equipment) and emissions from any
14            pipeline compressor or pump station shall not be
15            aggregated with emissions from other similar
16            units, whether or not such units are in a
17            contiguous area or under common control, to
18            determine whether such stations are major sources.
19                B. For radionuclides, "major source" shall
20            have the meaning specified by the USEPA by rule.
21            ii. A major stationary source of air pollutants,
22        as defined in Section 302 of the Clean Air Act, that
23        directly emits or has the potential to emit, 100 tpy or
24        more of any air pollutant subject to regulation
25        (including any major source of fugitive emissions of
26        any such pollutant, as determined by rule by USEPA).

 

 

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1        For purposes of this subsection, "fugitive emissions"
2        means those emissions which could not reasonably pass
3        through a stack, chimney, vent, or other
4        functionally-equivalent opening. The fugitive
5        emissions of a stationary source shall not be
6        considered in determining whether it is a major
7        stationary source for the purposes of Section 302(j)
8        of the Clean Air Act, unless the source belongs to one
9        of the following categories of stationary source:
10                A. Coal cleaning plants (with thermal dryers).
11                B. Kraft pulp mills.
12                C. Portland cement plants.
13                D. Primary zinc smelters.
14                E. Iron and steel mills.
15                F. Primary aluminum ore reduction plants.
16                G. Primary copper smelters.
17                H. Municipal incinerators capable of charging
18            more than 250 tons of refuse per day.
19                I. Hydrofluoric, sulfuric, or nitric acid
20            plants.
21                J. Petroleum refineries.
22                K. Lime plants.
23                L. Phosphate rock processing plants.
24                M. Coke oven batteries.
25                N. Sulfur recovery plants.
26                O. Carbon black plants (furnace process).

 

 

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1                P. Primary lead smelters.
2                Q. Fuel conversion plants.
3                R. Sintering plants.
4                S. Secondary metal production plants.
5                T. Chemical process plants.
6                U. Fossil-fuel boilers (or combination
7            thereof) totaling more than 250 million British
8            thermal units per hour heat input.
9                V. Petroleum storage and transfer units with a
10            total storage capacity exceeding 300,000 barrels.
11                W. Taconite ore processing plants.
12                X. Glass fiber processing plants.
13                Y. Charcoal production plants.
14                Z. Fossil fuel-fired steam electric plants of
15            more than 250 million British thermal units per
16            hour heat input.
17                AA. All other stationary source categories,
18            which as of August 7, 1980 are being regulated by a
19            standard promulgated under Section 111 or 112 of
20            the Clean Air Act.
21                BB. Any other stationary source category
22            designated by USEPA by rule.
23            iii. A major stationary source as defined in part
24        D of Title I of the Clean Air Act including:
25                A. For ozone nonattainment areas, sources with
26            the potential to emit 100 tons or more per year of

 

 

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1            volatile organic compounds or oxides of nitrogen
2            in areas classified as "marginal" or "moderate",
3            50 tons or more per year in areas classified as
4            "serious", 25 tons or more per year in areas
5            classified as "severe", and 10 tons or more per
6            year in areas classified as "extreme"; except that
7            the references in this clause to 100, 50, 25, and
8            10 tons per year of nitrogen oxides shall not
9            apply with respect to any source for which USEPA
10            has made a finding, under Section 182(f)(1) or (2)
11            of the Clean Air Act, that requirements otherwise
12            applicable to such source under Section 182(f) of
13            the Clean Air Act do not apply. Such sources shall
14            remain subject to the major source criteria of
15            subparagraph (ii) of paragraph (c) of this
16            subsection.
17                B. For ozone transport regions established
18            pursuant to Section 184 of the Clean Air Act,
19            sources with the potential to emit 50 tons or more
20            per year of volatile organic compounds (VOCs).
21                C. For carbon monoxide nonattainment areas (1)
22            that are classified as "serious", and (2) in which
23            stationary sources contribute significantly to
24            carbon monoxide levels as determined under rules
25            issued by USEPA, sources with the potential to
26            emit 50 tons or more per year of carbon monoxide.

 

 

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1                D. For particulate matter (PM-10)
2            nonattainment areas classified as "serious",
3            sources with the potential to emit 70 tons or more
4            per year of PM-10.
 
5    3. Agency Authority To Issue CAAPP Permits and Federally
6Enforceable State Operating Permits.
7        a. The Agency shall issue CAAPP permits under this
8    Section consistent with the Clean Air Act and regulations
9    promulgated thereunder and this Act and regulations
10    promulgated thereunder.
11        b. The Agency shall issue CAAPP permits for fixed
12    terms of 5 years, except CAAPP permits issued for solid
13    waste incineration units combusting municipal waste which
14    shall be issued for fixed terms of 12 years and except
15    CAAPP permits for affected sources for acid deposition
16    which shall be issued for initial terms to expire on
17    December 31, 1999, and for fixed terms of 5 years
18    thereafter.
19        c. The Agency shall have the authority to issue a
20    State operating permit for a source under subsection (a)
21    of Section 39 of this Act, as amended, and regulations
22    promulgated thereunder, which includes federally
23    enforceable conditions limiting the "potential to emit" of
24    the source to a level below the major source threshold for
25    that source as described in paragraph (c) of subsection 2

 

 

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1    of this Section, thereby excluding the source from the
2    CAAPP, when requested by the applicant pursuant to
3    paragraph (u) of subsection 5 of this Section. The public
4    notice requirements of this Section applicable to CAAPP
5    permits shall also apply to the initial issuance of
6    permits under this paragraph.
7        d. For purposes of this Act, a permit issued by USEPA
8    under Section 505 of the Clean Air Act, as now and
9    hereafter amended, shall be deemed to be a permit issued
10    by the Agency pursuant to Section 39.5 of this Act.
 
11    4. Transition.
12        a. An owner or operator of a CAAPP source shall not be
13    required to renew an existing State operating permit for
14    any emission unit at such CAAPP source once a CAAPP
15    application timely submitted prior to expiration of the
16    State operating permit has been deemed complete. For
17    purposes other than permit renewal, the obligation upon
18    the owner or operator of a CAAPP source to obtain a State
19    operating permit is not removed upon submittal of the
20    complete CAAPP permit application. An owner or operator of
21    a CAAPP source seeking to make a modification to a source
22    prior to the issuance of its CAAPP permit shall be
23    required to obtain a construction permit, operating
24    permit, or both as required for such modification in
25    accordance with the State permit program under subsection

 

 

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1    (a) of Section 39 of this Act, as amended, and regulations
2    promulgated thereunder. The application for such
3    construction permit, operating permit, or both shall be
4    considered an amendment to the CAAPP application submitted
5    for such source.
6        b. An owner or operator of a CAAPP source shall
7    continue to operate in accordance with the terms and
8    conditions of its applicable State operating permit
9    notwithstanding the expiration of the State operating
10    permit until the source's CAAPP permit has been issued.
11        c. An owner or operator of a CAAPP source shall submit
12    its initial CAAPP application to the Agency no later than
13    12 months after the effective date of the CAAPP. The
14    Agency may request submittal of initial CAAPP applications
15    during this 12-month period according to a schedule set
16    forth within Agency procedures, however, in no event shall
17    the Agency require such submittal earlier than 3 months
18    after such effective date of the CAAPP. An owner or
19    operator may voluntarily submit its initial CAAPP
20    application prior to the date required within this
21    paragraph or applicable procedures, if any, subsequent to
22    the date the Agency submits the CAAPP to USEPA for
23    approval.
24        d. The Agency shall act on initial CAAPP applications
25    in accordance with paragraph (j) of subsection 5 of this
26    Section.

 

 

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1        e. For purposes of this Section, the term "initial
2    CAAPP application" shall mean the first CAAPP application
3    submitted for a source existing as of the effective date
4    of the CAAPP.
5        f. The Agency shall provide owners or operators of
6    CAAPP sources with at least 3 months advance notice of the
7    date on which their applications are required to be
8    submitted. In determining which sources shall be subject
9    to early submittal, the Agency shall include among its
10    considerations the complexity of the permit application,
11    and the burden that such early submittal will have on the
12    source.
13        g. The CAAPP permit shall upon becoming effective
14    supersede the State operating permit.
15        h. The Agency shall have the authority to adopt
16    procedural rules, in accordance with the Illinois
17    Administrative Procedure Act, as the Agency deems
18    necessary, to implement this subsection.
 
19    5. Applications and Completeness.
20        a. An owner or operator of a CAAPP source shall submit
21    its complete CAAPP application consistent with the Act and
22    applicable regulations.
23        b. An owner or operator of a CAAPP source shall submit
24    a single complete CAAPP application covering all emission
25    units at that source.

 

 

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1        c. To be deemed complete, a CAAPP application must
2    provide all information, as requested in Agency
3    application forms, sufficient to evaluate the subject
4    source and its application and to determine all applicable
5    requirements, pursuant to the Clean Air Act, and
6    regulations thereunder, this Act and regulations
7    thereunder. Such Agency application forms shall be
8    finalized and made available prior to the date on which
9    any CAAPP application is required.
10        d. An owner or operator of a CAAPP source shall
11    submit, as part of its complete CAAPP application, a
12    compliance plan, including a schedule of compliance,
13    describing how each emission unit will comply with all
14    applicable requirements. Any such schedule of compliance
15    shall be supplemental to, and shall not sanction
16    noncompliance with, the applicable requirements on which
17    it is based.
18        e. Each submitted CAAPP application shall be certified
19    for truth, accuracy, and completeness by a responsible
20    official in accordance with applicable regulations.
21        f. The Agency shall provide notice to a CAAPP
22    applicant as to whether a submitted CAAPP application is
23    complete. Unless the Agency notifies the applicant of
24    incompleteness, within 60 days after receipt of the CAAPP
25    application, the application shall be deemed complete. The
26    Agency may request additional information as needed to

 

 

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1    make the completeness determination. The Agency may to the
2    extent practicable provide the applicant with a reasonable
3    opportunity to correct deficiencies prior to a final
4    determination of completeness.
5        g. If after the determination of completeness the
6    Agency finds that additional information is necessary to
7    evaluate or take final action on the CAAPP application,
8    the Agency may request in writing such information from
9    the source with a reasonable deadline for response.
10        h. If the owner or operator of a CAAPP source submits a
11    timely and complete CAAPP application, the source's
12    failure to have a CAAPP permit shall not be a violation of
13    this Section until the Agency takes final action on the
14    submitted CAAPP application, provided, however, where the
15    applicant fails to submit the requested information under
16    paragraph (g) of this subsection 5 within the time frame
17    specified by the Agency, this protection shall cease to
18    apply.
19        i. Any applicant who fails to submit any relevant
20    facts necessary to evaluate the subject source and its
21    CAAPP application or who has submitted incorrect
22    information in a CAAPP application shall, upon becoming
23    aware of such failure or incorrect submittal, submit
24    supplementary facts or correct information to the Agency.
25    In addition, an applicant shall provide to the Agency
26    additional information as necessary to address any

 

 

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1    requirements which become applicable to the source
2    subsequent to the date the applicant submitted its
3    complete CAAPP application but prior to release of the
4    draft CAAPP permit.
5        j. The Agency shall issue or deny the CAAPP permit
6    within 18 months after the date of receipt of the complete
7    CAAPP application, with the following exceptions: (i)
8    permits for affected sources for acid deposition shall be
9    issued or denied within 6 months after receipt of a
10    complete application in accordance with subsection 17 of
11    this Section; (ii) the Agency shall act on initial CAAPP
12    applications within 24 months after the date of receipt of
13    the complete CAAPP application; (iii) the Agency shall act
14    on complete applications containing early reduction
15    demonstrations under Section 112(i)(5) of the Clean Air
16    Act within 9 months of receipt of the complete CAAPP
17    application.
18        Where the Agency does not take final action on the
19    permit within the required time period, the permit shall
20    not be deemed issued; rather, the failure to act shall be
21    treated as a final permit action for purposes of judicial
22    review pursuant to Sections 40.2 and 41 of this Act.
23        k. The submittal of a complete CAAPP application shall
24    not affect the requirement that any source have a
25    preconstruction permit under Title I of the Clean Air Act.
26        l. Unless a timely and complete renewal application

 

 

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1    has been submitted consistent with this subsection, a
2    CAAPP source operating upon the expiration of its CAAPP
3    permit shall be deemed to be operating without a CAAPP
4    permit. Such operation is prohibited under this Act.
5        m. Permits being renewed shall be subject to the same
6    procedural requirements, including those for public
7    participation and federal review and objection, that apply
8    to original permit issuance.
9        n. For purposes of permit renewal, a timely
10    application is one that is submitted no less than 9 months
11    prior to the date of permit expiration.
12        o. The terms and conditions of a CAAPP permit shall
13    remain in effect until the issuance of a CAAPP renewal
14    permit provided a timely and complete CAAPP application
15    has been submitted.
16        p. The owner or operator of a CAAPP source seeking a
17    permit shield pursuant to paragraph (j) of subsection 7 of
18    this Section shall request such permit shield in the CAAPP
19    application regarding that source.
20        q. The Agency shall make available to the public all
21    documents submitted by the applicant to the Agency,
22    including each CAAPP application, compliance plan
23    (including the schedule of compliance), and emissions or
24    compliance monitoring report, with the exception of
25    information entitled to confidential treatment pursuant to
26    Section 7 of this Act.

 

 

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1        r. The Agency shall use the standardized forms
2    required under Title IV of the Clean Air Act and
3    regulations promulgated thereunder for affected sources
4    for acid deposition.
5        s. An owner or operator of a CAAPP source may include
6    within its CAAPP application a request for permission to
7    operate during a startup, malfunction, or breakdown
8    consistent with applicable Board regulations.
9        t. An owner or operator of a CAAPP source, in order to
10    utilize the operational flexibility provided under
11    paragraph (l) of subsection 7 of this Section, must
12    request such use and provide the necessary information
13    within its CAAPP application.
14        u. An owner or operator of a CAAPP source which seeks
15    exclusion from the CAAPP through the imposition of
16    federally enforceable conditions, pursuant to paragraph
17    (c) of subsection 3 of this Section, must request such
18    exclusion within a CAAPP application submitted consistent
19    with this subsection on or after the date that the CAAPP
20    application for the source is due. Prior to such date, but
21    in no case later than 9 months after the effective date of
22    the CAAPP, such owner or operator may request the
23    imposition of federally enforceable conditions pursuant to
24    paragraph (b) of subsection 1.1 of this Section.
25        v. CAAPP applications shall contain accurate
26    information on allowable emissions to implement the fee

 

 

SB3506 Enrolled- 31 -LRB103 37497 JAG 67620 b

1    provisions of subsection 18 of this Section.
2        w. An owner or operator of a CAAPP source shall submit
3    within its CAAPP application emissions information
4    regarding all regulated air pollutants emitted at that
5    source consistent with applicable Agency procedures.
6    Emissions information regarding insignificant activities
7    or emission levels, as determined by the Agency pursuant
8    to Board regulations, may be submitted as a list within
9    the CAAPP application. The Agency shall propose
10    regulations to the Board defining insignificant activities
11    or emission levels, consistent with federal regulations,
12    if any, no later than 18 months after the effective date of
13    this amendatory Act of 1992, consistent with Section
14    112(n)(1) of the Clean Air Act. The Board shall adopt
15    final regulations defining insignificant activities or
16    emission levels no later than 9 months after the date of
17    the Agency's proposal.
18        x. The owner or operator of a new CAAPP source shall
19    submit its complete CAAPP application consistent with this
20    subsection within 12 months after commencing operation of
21    such source. The owner or operator of an existing source
22    that has been excluded from the provisions of this Section
23    under subsection 1.1 or paragraph (c) of subsection 3 of
24    this Section and that becomes subject to the CAAPP solely
25    due to a change in operation at the source shall submit its
26    complete CAAPP application consistent with this subsection

 

 

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1    at least 180 days before commencing operation in
2    accordance with the change in operation.
3        y. The Agency shall have the authority to adopt
4    procedural rules, in accordance with the Illinois
5    Administrative Procedure Act, as the Agency deems
6    necessary to implement this subsection.
 
7    6. Prohibitions.
8        a. It shall be unlawful for any person to violate any
9    terms or conditions of a permit issued under this Section,
10    to operate any CAAPP source except in compliance with a
11    permit issued by the Agency under this Section or to
12    violate any other applicable requirements. All terms and
13    conditions of a permit issued under this Section are
14    enforceable by USEPA and citizens under the Clean Air Act,
15    except those, if any, that are specifically designated as
16    not being federally enforceable in the permit pursuant to
17    paragraph (m) of subsection 7 of this Section.
18        b. After the applicable CAAPP permit or renewal
19    application submittal date, as specified in subsection 5
20    of this Section, no person shall operate a CAAPP source
21    without a CAAPP permit unless the complete CAAPP permit or
22    renewal application for such source has been timely
23    submitted to the Agency.
24        c. No owner or operator of a CAAPP source shall cause
25    or threaten or allow the continued operation of an

 

 

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1    emission source during malfunction or breakdown of the
2    emission source or related air pollution control equipment
3    if such operation would cause a violation of the standards
4    or limitations applicable to the source, unless the CAAPP
5    permit granted to the source provides for such operation
6    consistent with this Act and applicable Board regulations.
 
7    7. Permit Content.
8        a. All CAAPP permits shall contain emission
9    limitations and standards and other enforceable terms and
10    conditions, including but not limited to operational
11    requirements, and schedules for achieving compliance at
12    the earliest reasonable date, which are or will be
13    required to accomplish the purposes and provisions of this
14    Act and to assure compliance with all applicable
15    requirements.
16        b. The Agency shall include among such conditions
17    applicable monitoring, reporting, record keeping and
18    compliance certification requirements, as authorized by
19    paragraphs (d), (e), and (f) of this subsection, that the
20    Agency deems necessary to assure compliance with the Clean
21    Air Act, the regulations promulgated thereunder, this Act,
22    and applicable Board regulations. When monitoring,
23    reporting, record keeping, and compliance certification
24    requirements are specified within the Clean Air Act,
25    regulations promulgated thereunder, this Act, or

 

 

SB3506 Enrolled- 34 -LRB103 37497 JAG 67620 b

1    applicable regulations, such requirements shall be
2    included within the CAAPP permit. The Board shall have
3    authority to promulgate additional regulations where
4    necessary to accomplish the purposes of the Clean Air Act,
5    this Act, and regulations promulgated thereunder.
6        c. The Agency shall assure, within such conditions,
7    the use of terms, test methods, units, averaging periods,
8    and other statistical conventions consistent with the
9    applicable emission limitations, standards, and other
10    requirements contained in the permit.
11        d. To meet the requirements of this subsection with
12    respect to monitoring, the permit shall:
13            i. Incorporate and identify all applicable
14        emissions monitoring and analysis procedures or test
15        methods required under the Clean Air Act, regulations
16        promulgated thereunder, this Act, and applicable Board
17        regulations, including any procedures and methods
18        promulgated by USEPA pursuant to Section 504(b) or
19        Section 114 (a)(3) of the Clean Air Act.
20            ii. Where the applicable requirement does not
21        require periodic testing or instrumental or
22        noninstrumental monitoring (which may consist of
23        recordkeeping designed to serve as monitoring),
24        require periodic monitoring sufficient to yield
25        reliable data from the relevant time period that is
26        representative of the source's compliance with the

 

 

SB3506 Enrolled- 35 -LRB103 37497 JAG 67620 b

1        permit, as reported pursuant to paragraph (f) of this
2        subsection. The Agency may determine that
3        recordkeeping requirements are sufficient to meet the
4        requirements of this subparagraph.
5            iii. As necessary, specify requirements concerning
6        the use, maintenance, and when appropriate,
7        installation of monitoring equipment or methods.
8        e. To meet the requirements of this subsection with
9    respect to record keeping, the permit shall incorporate
10    and identify all applicable recordkeeping requirements and
11    require, where applicable, the following:
12            i. Records of required monitoring information that
13        include the following:
14                A. The date, place and time of sampling or
15            measurements.
16                B. The date(s) analyses were performed.
17                C. The company or entity that performed the
18            analyses.
19                D. The analytical techniques or methods used.
20                E. The results of such analyses.
21                F. The operating conditions as existing at the
22            time of sampling or measurement.
23            ii. Retention of records of all monitoring data
24        and support information for a period of at least 5
25        years from the date of the monitoring sample,
26        measurement, report, or application. Support

 

 

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1        information includes all calibration and maintenance
2        records, original strip-chart recordings for
3        continuous monitoring instrumentation, and copies of
4        all reports required by the permit.
5        f. To meet the requirements of this subsection with
6    respect to reporting, the permit shall incorporate and
7    identify all applicable reporting requirements and require
8    the following:
9            i. Submittal of reports of any required monitoring
10        every 6 months. More frequent submittals may be
11        requested by the Agency if such submittals are
12        necessary to assure compliance with this Act or
13        regulations promulgated by the Board thereunder. All
14        instances of deviations from permit requirements must
15        be clearly identified in such reports. All required
16        reports must be certified by a responsible official
17        consistent with subsection 5 of this Section.
18            ii. Prompt reporting of deviations from permit
19        requirements, including those attributable to upset
20        conditions as defined in the permit, the probable
21        cause of such deviations, and any corrective actions
22        or preventive measures taken.
23        g. Each CAAPP permit issued under subsection 10 of
24    this Section shall include a condition prohibiting
25    emissions exceeding any allowances that the source
26    lawfully holds under Title IV of the Clean Air Act or the

 

 

SB3506 Enrolled- 37 -LRB103 37497 JAG 67620 b

1    regulations promulgated thereunder, consistent with
2    subsection 17 of this Section and applicable regulations,
3    if any.
4        h. All CAAPP permits shall state that, where another
5    applicable requirement of the Clean Air Act is more
6    stringent than any applicable requirement of regulations
7    promulgated under Title IV of the Clean Air Act, both
8    provisions shall be incorporated into the permit and shall
9    be State and federally enforceable.
10        i. Each CAAPP permit issued under subsection 10 of
11    this Section shall include a severability clause to ensure
12    the continued validity of the various permit requirements
13    in the event of a challenge to any portions of the permit.
14        j. The following shall apply with respect to owners or
15    operators requesting a permit shield:
16            i. The Agency shall include in a CAAPP permit,
17        when requested by an applicant pursuant to paragraph
18        (p) of subsection 5 of this Section, a provision
19        stating that compliance with the conditions of the
20        permit shall be deemed compliance with applicable
21        requirements which are applicable as of the date of
22        release of the proposed permit, provided that:
23                A. The applicable requirement is specifically
24            identified within the permit; or
25                B. The Agency in acting on the CAAPP
26            application or revision determines in writing that

 

 

SB3506 Enrolled- 38 -LRB103 37497 JAG 67620 b

1            other requirements specifically identified are not
2            applicable to the source, and the permit includes
3            that determination or a concise summary thereof.
4            ii. The permit shall identify the requirements for
5        which the source is shielded. The shield shall not
6        extend to applicable requirements which are
7        promulgated after the date of release of the proposed
8        permit unless the permit has been modified to reflect
9        such new requirements.
10            iii. A CAAPP permit which does not expressly
11        indicate the existence of a permit shield shall not
12        provide such a shield.
13            iv. Nothing in this paragraph or in a CAAPP permit
14        shall alter or affect the following:
15                A. The provisions of Section 303 (emergency
16            powers) of the Clean Air Act, including USEPA's
17            authority under that section.
18                B. The liability of an owner or operator of a
19            source for any violation of applicable
20            requirements prior to or at the time of permit
21            issuance.
22                C. The applicable requirements of the acid
23            rain program consistent with Section 408(a) of the
24            Clean Air Act.
25                D. The ability of USEPA to obtain information
26            from a source pursuant to Section 114

 

 

SB3506 Enrolled- 39 -LRB103 37497 JAG 67620 b

1            (inspections, monitoring, and entry) of the Clean
2            Air Act.
3        k. (Blank). Each CAAPP permit shall include an
4    emergency provision providing an affirmative defense of
5    emergency to an action brought for noncompliance with
6    technology-based emission limitations under a CAAPP permit
7    if the following conditions are met through properly
8    signed, contemporaneous operating logs, or other relevant
9    evidence:
10            i. An emergency occurred and the permittee can
11        identify the cause(s) of the emergency.
12            ii. The permitted facility was at the time being
13        properly operated.
14            iii. The permittee submitted notice of the
15        emergency to the Agency within 2 working days after
16        the time when emission limitations were exceeded due
17        to the emergency. This notice must contain a detailed
18        description of the emergency, any steps taken to
19        mitigate emissions, and corrective actions taken.
20            iv. During the period of the emergency the
21        permittee took all reasonable steps to minimize levels
22        of emissions that exceeded the emission limitations,
23        standards, or requirements in the permit.
24        For purposes of this subsection, "emergency" means any
25    situation arising from sudden and reasonably unforeseeable
26    events beyond the control of the source, such as an act of

 

 

SB3506 Enrolled- 40 -LRB103 37497 JAG 67620 b

1    God, that requires immediate corrective action to restore
2    normal operation, and that causes the source to exceed a
3    technology-based emission limitation under the permit, due
4    to unavoidable increases in emissions attributable to the
5    emergency. An emergency shall not include noncompliance to
6    the extent caused by improperly designed equipment, lack
7    of preventative maintenance, careless or improper
8    operation, or operation error.
9        In any enforcement proceeding, the permittee seeking
10    to establish the occurrence of an emergency has the burden
11    of proof. This provision is in addition to any emergency
12    or upset provision contained in any applicable
13    requirement. This provision does not relieve a permittee
14    of any reporting obligations under existing federal or
15    state laws or regulations.
16        l. The Agency shall include in each permit issued
17    under subsection 10 of this Section:
18            i. Terms and conditions for reasonably anticipated
19        operating scenarios identified by the source in its
20        application. The permit terms and conditions for each
21        such operating scenario shall meet all applicable
22        requirements and the requirements of this Section.
23                A. Under this subparagraph, the source must
24            record in a log at the permitted facility a record
25            of the scenario under which it is operating
26            contemporaneously with making a change from one

 

 

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1            operating scenario to another.
2                B. The permit shield described in paragraph
3            (j) of subsection 7 of this Section shall extend
4            to all terms and conditions under each such
5            operating scenario.
6            ii. Where requested by an applicant, all terms and
7        conditions allowing for trading of emissions increases
8        and decreases between different emission units at the
9        CAAPP source, to the extent that the applicable
10        requirements provide for trading of such emissions
11        increases and decreases without a case-by-case
12        approval of each emissions trade. Such terms and
13        conditions:
14                A. Shall include all terms required under this
15            subsection to determine compliance;
16                B. Must meet all applicable requirements;
17                C. Shall extend the permit shield described in
18            paragraph (j) of subsection 7 of this Section to
19            all terms and conditions that allow such increases
20            and decreases in emissions.
21        m. The Agency shall specifically designate as not
22    being federally enforceable under the Clean Air Act any
23    terms and conditions included in the permit that are not
24    specifically required under the Clean Air Act or federal
25    regulations promulgated thereunder. Terms or conditions so
26    designated shall be subject to all applicable State

 

 

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1    requirements, except the requirements of subsection 7
2    (other than this paragraph, paragraph q of subsection 7,
3    subsections 8 through 11, and subsections 13 through 16 of
4    this Section. The Agency shall, however, include such
5    terms and conditions in the CAAPP permit issued to the
6    source.
7        n. Each CAAPP permit issued under subsection 10 of
8    this Section shall specify and reference the origin of and
9    authority for each term or condition, and identify any
10    difference in form as compared to the applicable
11    requirement upon which the term or condition is based.
12        o. Each CAAPP permit issued under subsection 10 of
13    this Section shall include provisions stating the
14    following:
15            i. Duty to comply. The permittee must comply with
16        all terms and conditions of the CAAPP permit. Any
17        permit noncompliance constitutes a violation of the
18        Clean Air Act and the Act, and is grounds for any or
19        all of the following: enforcement action; permit
20        termination, revocation and reissuance, or
21        modification; or denial of a permit renewal
22        application.
23            ii. Need to halt or reduce activity not a defense.
24        It shall not be a defense for a permittee in an
25        enforcement action that it would have been necessary
26        to halt or reduce the permitted activity in order to

 

 

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1        maintain compliance with the conditions of this
2        permit.
3            iii. Permit actions. The permit may be modified,
4        revoked, reopened, and reissued, or terminated for
5        cause in accordance with the applicable subsections of
6        Section 39.5 of this Act. The filing of a request by
7        the permittee for a permit modification, revocation
8        and reissuance, or termination, or of a notification
9        of planned changes or anticipated noncompliance does
10        not stay any permit condition.
11            iv. Property rights. The permit does not convey
12        any property rights of any sort, or any exclusive
13        privilege.
14            v. Duty to provide information. The permittee
15        shall furnish to the Agency within a reasonable time
16        specified by the Agency any information that the
17        Agency may request in writing to determine whether
18        cause exists for modifying, revoking and reissuing, or
19        terminating the permit or to determine compliance with
20        the permit. Upon request, the permittee shall also
21        furnish to the Agency copies of records required to be
22        kept by the permit or, for information claimed to be
23        confidential, the permittee may furnish such records
24        directly to USEPA along with a claim of
25        confidentiality.
26            vi. Duty to pay fees. The permittee must pay fees

 

 

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1        to the Agency consistent with the fee schedule
2        approved pursuant to subsection 18 of this Section,
3        and submit any information relevant thereto.
4            vii. Emissions trading. No permit revision shall
5        be required for increases in emissions allowed under
6        any approved economic incentives, marketable permits,
7        emissions trading, and other similar programs or
8        processes for changes that are provided for in the
9        permit and that are authorized by the applicable
10        requirement.
11        p. Each CAAPP permit issued under subsection 10 of
12    this Section shall contain the following elements with
13    respect to compliance:
14            i. Compliance certification, testing, monitoring,
15        reporting, and record keeping requirements sufficient
16        to assure compliance with the terms and conditions of
17        the permit. Any document (including reports) required
18        by a CAAPP permit shall contain a certification by a
19        responsible official that meets the requirements of
20        subsection 5 of this Section and applicable
21        regulations.
22            ii. Inspection and entry requirements that
23        necessitate that, upon presentation of credentials and
24        other documents as may be required by law and in
25        accordance with constitutional limitations, the
26        permittee shall allow the Agency, or an authorized

 

 

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1        representative to perform the following:
2                A. Enter upon the permittee's premises where a
3            CAAPP source is located or emissions-related
4            activity is conducted, or where records must be
5            kept under the conditions of the permit.
6                B. Have access to and copy, at reasonable
7            times, any records that must be kept under the
8            conditions of the permit.
9                C. Inspect at reasonable times any facilities,
10            equipment (including monitoring and air pollution
11            control equipment), practices, or operations
12            regulated or required under the permit.
13                D. Sample or monitor any substances or
14            parameters at any location:
15                    1. As authorized by the Clean Air Act, at
16                reasonable times, for the purposes of assuring
17                compliance with the CAAPP permit or applicable
18                requirements; or
19                    2. As otherwise authorized by this Act.
20            iii. A schedule of compliance consistent with
21        subsection 5 of this Section and applicable
22        regulations.
23            iv. Progress reports consistent with an applicable
24        schedule of compliance pursuant to paragraph (d) of
25        subsection 5 of this Section and applicable
26        regulations to be submitted semiannually, or more

 

 

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1        frequently if the Agency determines that such more
2        frequent submittals are necessary for compliance with
3        the Act or regulations promulgated by the Board
4        thereunder. Such progress reports shall contain the
5        following:
6                A. Required dates for achieving the
7            activities, milestones, or compliance required by
8            the schedule of compliance and dates when such
9            activities, milestones or compliance were
10            achieved.
11                B. An explanation of why any dates in the
12            schedule of compliance were not or will not be
13            met, and any preventive or corrective measures
14            adopted.
15            v. Requirements for compliance certification with
16        terms and conditions contained in the permit,
17        including emission limitations, standards, or work
18        practices. Permits shall include each of the
19        following:
20                A. The frequency (annually or more frequently
21            as specified in any applicable requirement or by
22            the Agency pursuant to written procedures) of
23            submissions of compliance certifications.
24                B. A means for assessing or monitoring the
25            compliance of the source with its emissions
26            limitations, standards, and work practices.

 

 

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1                C. A requirement that the compliance
2            certification include the following:
3                    1. The identification of each term or
4                condition contained in the permit that is the
5                basis of the certification.
6                    2. The compliance status.
7                    3. Whether compliance was continuous or
8                intermittent.
9                    4. The method(s) used for determining the
10                compliance status of the source, both
11                currently and over the reporting period
12                consistent with subsection 7 of this Section.
13                D. A requirement that all compliance
14            certifications be submitted to the Agency.
15                E. Additional requirements as may be specified
16            pursuant to Sections 114(a)(3) and 504(b) of the
17            Clean Air Act.
18                F. Other provisions as the Agency may require.
19        q. If the owner or operator of CAAPP source can
20    demonstrate in its CAAPP application, including an
21    application for a significant modification, that an
22    alternative emission limit would be equivalent to that
23    contained in the applicable Board regulations, the Agency
24    shall include the alternative emission limit in the CAAPP
25    permit, which shall supersede the emission limit set forth
26    in the applicable Board regulations, and shall include

 

 

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1    conditions that insure that the resulting emission limit
2    is quantifiable, accountable, enforceable, and based on
3    replicable procedures.
 
4    8. Public Notice; Affected State Review.
5        a. The Agency shall provide notice to the public,
6    including an opportunity for public comment and a hearing,
7    on each draft CAAPP permit for issuance, renewal or
8    significant modification, subject to Section 7.1 and
9    subsection (a) of Section 7 of this Act.
10        b. The Agency shall prepare a draft CAAPP permit and a
11    statement that sets forth the legal and factual basis for
12    the draft CAAPP permit conditions, including references to
13    the applicable statutory or regulatory provisions. The
14    Agency shall provide this statement to any person who
15    requests it.
16        c. The Agency shall give notice of each draft CAAPP
17    permit to the applicant and to any affected State on or
18    before the time that the Agency has provided notice to the
19    public, except as otherwise provided in this Act.
20        d. The Agency, as part of its submittal of a proposed
21    permit to USEPA (or as soon as possible after the
22    submittal for minor permit modification procedures allowed
23    under subsection 14 of this Section), shall notify USEPA
24    and any affected State in writing of any refusal of the
25    Agency to accept all of the recommendations for the

 

 

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1    proposed permit that an affected State submitted during
2    the public or affected State review period. The notice
3    shall include the Agency's reasons for not accepting the
4    recommendations. The Agency is not required to accept
5    recommendations that are not based on applicable
6    requirements or the requirements of this Section.
7        e. The Agency shall make available to the public any
8    CAAPP permit application, compliance plan (including the
9    schedule of compliance), CAAPP permit, and emissions or
10    compliance monitoring report. If an owner or operator of a
11    CAAPP source is required to submit information entitled to
12    protection from disclosure under Section 7.1 and
13    subsection (a) of Section 7 of this Act, the owner or
14    operator shall submit such information separately. The
15    requirements of Section 7.1 and subsection (a) of Section
16    7 of this Act shall apply to such information, which shall
17    not be included in a CAAPP permit unless required by law.
18    The contents of a CAAPP permit shall not be entitled to
19    protection under Section 7.1 and subsection (a) of Section
20    7 of this Act.
21        f. The Agency shall have the authority to adopt
22    procedural rules, in accordance with the Illinois
23    Administrative Procedure Act, as the Agency deems
24    necessary, to implement this subsection.
25        g. If requested by the permit applicant, the Agency
26    shall provide the permit applicant with a copy of the

 

 

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1    draft CAAPP permit prior to any public review period. If
2    requested by the permit applicant, the Agency shall
3    provide the permit applicant with a copy of the final
4    CAAPP permit prior to issuance of the CAAPP permit.
 
5    9. USEPA Notice and Objection.
6        a. The Agency shall provide to USEPA for its review a
7    copy of each CAAPP application (including any application
8    for permit modification), statement of basis as provided
9    in paragraph (b) of subsection 8 of this Section, proposed
10    CAAPP permit, CAAPP permit, and, if the Agency does not
11    incorporate any affected State's recommendations on a
12    proposed CAAPP permit, a written statement of this
13    decision and its reasons for not accepting the
14    recommendations, except as otherwise provided in this Act
15    or by agreement with USEPA. To the extent practicable, the
16    preceding information shall be provided in computer
17    readable format compatible with USEPA's national database
18    management system.
19        b. The Agency shall not issue the proposed CAAPP
20    permit if USEPA objects in writing within 45 days after
21    receipt of the proposed CAAPP permit and all necessary
22    supporting information.
23        c. If USEPA objects in writing to the issuance of the
24    proposed CAAPP permit within the 45-day period, the Agency
25    shall respond in writing and may revise and resubmit the

 

 

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1    proposed CAAPP permit in response to the stated objection,
2    to the extent supported by the record, within 90 days
3    after the date of the objection. Prior to submitting a
4    revised permit to USEPA, the Agency shall provide the
5    applicant and any person who participated in the public
6    comment process, pursuant to subsection 8 of this Section,
7    with a 10-day period to comment on any revision which the
8    Agency is proposing to make to the permit in response to
9    USEPA's objection in accordance with Agency procedures.
10        d. Any USEPA objection under this subsection,
11    according to the Clean Air Act, will include a statement
12    of reasons for the objection and a description of the
13    terms and conditions that must be in the permit, in order
14    to adequately respond to the objections. Grounds for a
15    USEPA objection include the failure of the Agency to: (1)
16    submit the items and notices required under this
17    subsection; (2) submit any other information necessary to
18    adequately review the proposed CAAPP permit; or (3)
19    process the permit under subsection 8 of this Section
20    except for minor permit modifications.
21        e. If USEPA does not object in writing to issuance of a
22    permit under this subsection, any person may petition
23    USEPA within 60 days after expiration of the 45-day review
24    period to make such objection.
25        f. If the permit has not yet been issued and USEPA
26    objects to the permit as a result of a petition, the Agency

 

 

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1    shall not issue the permit until USEPA's objection has
2    been resolved. The Agency shall provide a 10-day comment
3    period in accordance with paragraph c of this subsection.
4    A petition does not, however, stay the effectiveness of a
5    permit or its requirements if the permit was issued after
6    expiration of the 45-day review period and prior to a
7    USEPA objection.
8        g. If the Agency has issued a permit after expiration
9    of the 45-day review period and prior to receipt of a USEPA
10    objection under this subsection in response to a petition
11    submitted pursuant to paragraph e of this subsection, the
12    Agency may, upon receipt of an objection from USEPA,
13    revise and resubmit the permit to USEPA pursuant to this
14    subsection after providing a 10-day comment period in
15    accordance with paragraph c of this subsection. If the
16    Agency fails to submit a revised permit in response to the
17    objection, USEPA shall modify, terminate or revoke the
18    permit. In any case, the source will not be in violation of
19    the requirement to have submitted a timely and complete
20    application.
21        h. The Agency shall have the authority to adopt
22    procedural rules, in accordance with the Illinois
23    Administrative Procedure Act, as the Agency deems
24    necessary, to implement this subsection.
 
25    10. Final Agency Action.

 

 

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1        a. The Agency shall issue a CAAPP permit, permit
2    modification, or permit renewal if all of the following
3    conditions are met:
4            i. The applicant has submitted a complete and
5        certified application for a permit, permit
6        modification, or permit renewal consistent with
7        subsections 5 and 14 of this Section, as applicable,
8        and applicable regulations.
9            ii. The applicant has submitted with its complete
10        application an approvable compliance plan, including a
11        schedule for achieving compliance, consistent with
12        subsection 5 of this Section and applicable
13        regulations.
14            iii. The applicant has timely paid the fees
15        required pursuant to subsection 18 of this Section and
16        applicable regulations.
17            iv. The Agency has received a complete CAAPP
18        application and, if necessary, has requested and
19        received additional information from the applicant
20        consistent with subsection 5 of this Section and
21        applicable regulations.
22            v. The Agency has complied with all applicable
23        provisions regarding public notice and affected State
24        review consistent with subsection 8 of this Section
25        and applicable regulations.
26            vi. The Agency has provided a copy of each CAAPP

 

 

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1        application, or summary thereof, pursuant to agreement
2        with USEPA and proposed CAAPP permit required under
3        subsection 9 of this Section to USEPA, and USEPA has
4        not objected to the issuance of the permit in
5        accordance with the Clean Air Act and 40 CFR Part 70.
6        b. The Agency shall have the authority to deny a CAAPP
7    permit, permit modification, or permit renewal if the
8    applicant has not complied with the requirements of
9    subparagraphs (i) through (iv) of paragraph (a) of this
10    subsection or if USEPA objects to its issuance.
11        c. i. Prior to denial of a CAAPP permit, permit
12        modification, or permit renewal under this Section,
13        the Agency shall notify the applicant of the possible
14        denial and the reasons for the denial.
15            ii. Within such notice, the Agency shall specify
16        an appropriate date by which the applicant shall
17        adequately respond to the Agency's notice. Such date
18        shall not exceed 15 days from the date the
19        notification is received by the applicant. The Agency
20        may grant a reasonable extension for good cause shown.
21            iii. Failure by the applicant to adequately
22        respond by the date specified in the notification or
23        by any granted extension date shall be grounds for
24        denial of the permit.
25            For purposes of obtaining judicial review under
26        Sections 40.2 and 41 of this Act, the Agency shall

 

 

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1        provide to USEPA and each applicant, and, upon
2        request, to affected States, any person who
3        participated in the public comment process, and any
4        other person who could obtain judicial review under
5        Sections 40.2 and 41 of this Act, a copy of each CAAPP
6        permit or notification of denial pertaining to that
7        party.
8        d. The Agency shall have the authority to adopt
9    procedural rules, in accordance with the Illinois
10    Administrative Procedure Act, as the Agency deems
11    necessary, to implement this subsection.
 
12    11. General Permits.
13        a. The Agency may issue a general permit covering
14    numerous similar sources, except for affected sources for
15    acid deposition unless otherwise provided in regulations
16    promulgated under Title IV of the Clean Air Act.
17        b. The Agency shall identify, in any general permit,
18    criteria by which sources may qualify for the general
19    permit.
20        c. CAAPP sources that would qualify for a general
21    permit must apply for coverage under the terms of the
22    general permit or must apply for a CAAPP permit consistent
23    with subsection 5 of this Section and applicable
24    regulations.
25        d. The Agency shall comply with the public comment and

 

 

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1    hearing provisions of this Section as well as the USEPA
2    and affected State review procedures prior to issuance of
3    a general permit.
4        e. When granting a subsequent request by a qualifying
5    CAAPP source for coverage under the terms of a general
6    permit, the Agency shall not be required to repeat the
7    public notice and comment procedures. The granting of such
8    request shall not be considered a final permit action for
9    purposes of judicial review.
10        f. The Agency may not issue a general permit to cover
11    any discrete emission unit at a CAAPP source if another
12    CAAPP permit covers emission units at the source.
13        g. The Agency shall have the authority to adopt
14    procedural rules, in accordance with the Illinois
15    Administrative Procedure Act, as the Agency deems
16    necessary, to implement this subsection.
 
17    12. Operational Flexibility.
18        a. An owner or operator of a CAAPP source may make
19    changes at the CAAPP source without requiring a prior
20    permit revision, consistent with subparagraphs (i) through
21    (iii) of paragraph (a) of this subsection, so long as the
22    changes are not modifications under any provision of Title
23    I of the Clean Air Act and they do not exceed the emissions
24    allowable under the permit (whether expressed therein as a
25    rate of emissions or in terms of total emissions),

 

 

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1    provided that the owner or operator of the CAAPP source
2    provides USEPA and the Agency with written notification as
3    required below in advance of the proposed changes, which
4    shall be a minimum of 7 days, unless otherwise provided by
5    the Agency in applicable regulations regarding
6    emergencies. The owner or operator of a CAAPP source and
7    the Agency shall each attach such notice to their copy of
8    the relevant permit.
9            i. An owner or operator of a CAAPP source may make
10        Section 502 (b) (10) changes without a permit
11        revision, if the changes are not modifications under
12        any provision of Title I of the Clean Air Act and the
13        changes do not exceed the emissions allowable under
14        the permit (whether expressed therein as a rate of
15        emissions or in terms of total emissions).
16                A. For each such change, the written
17            notification required above shall include a brief
18            description of the change within the source, the
19            date on which the change will occur, any change in
20            emissions, and any permit term or condition that
21            is no longer applicable as a result of the change.
22                B. The permit shield described in paragraph
23            (j) of subsection 7 of this Section shall not
24            apply to any change made pursuant to this
25            subparagraph.
26            ii. An owner or operator of a CAAPP source may

 

 

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1        trade increases and decreases in emissions in the
2        CAAPP source, where the applicable implementation plan
3        provides for such emission trades without requiring a
4        permit revision. This provision is available in those
5        cases where the permit does not already provide for
6        such emissions trading.
7                A. Under this subparagraph (ii) of paragraph
8            (a) of this subsection, the written notification
9            required above shall include such information as
10            may be required by the provision in the applicable
11            implementation plan authorizing the emissions
12            trade, including at a minimum, when the proposed
13            changes will occur, a description of each such
14            change, any change in emissions, the permit
15            requirements with which the source will comply
16            using the emissions trading provisions of the
17            applicable implementation plan, and the pollutants
18            emitted subject to the emissions trade. The notice
19            shall also refer to the provisions in the
20            applicable implementation plan with which the
21            source will comply and provide for the emissions
22            trade.
23                B. The permit shield described in paragraph
24            (j) of subsection 7 of this Section shall not
25            apply to any change made pursuant to subparagraph
26            (ii) of paragraph (a) of this subsection.

 

 

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1            Compliance with the permit requirements that the
2            source will meet using the emissions trade shall
3            be determined according to the requirements of the
4            applicable implementation plan authorizing the
5            emissions trade.
6            iii. If requested within a CAAPP application, the
7        Agency shall issue a CAAPP permit which contains terms
8        and conditions, including all terms required under
9        subsection 7 of this Section to determine compliance,
10        allowing for the trading of emissions increases and
11        decreases at the CAAPP source solely for the purpose
12        of complying with a federally-enforceable emissions
13        cap that is established in the permit independent of
14        otherwise applicable requirements. The owner or
15        operator of a CAAPP source shall include in its CAAPP
16        application proposed replicable procedures and permit
17        terms that ensure the emissions trades are
18        quantifiable and enforceable. The permit shall also
19        require compliance with all applicable requirements.
20                A. Under this subparagraph (iii) of paragraph
21            (a), the written notification required above shall
22            state when the change will occur and shall
23            describe the changes in emissions that will result
24            and how these increases and decreases in emissions
25            will comply with the terms and conditions of the
26            permit.

 

 

SB3506 Enrolled- 60 -LRB103 37497 JAG 67620 b

1                B. The permit shield described in paragraph
2            (j) of subsection 7 of this Section shall extend
3            to terms and conditions that allow such increases
4            and decreases in emissions.
5        b. An owner or operator of a CAAPP source may make
6    changes that are not addressed or prohibited by the
7    permit, other than those which are subject to any
8    requirements under Title IV of the Clean Air Act or are
9    modifications under any provisions of Title I of the Clean
10    Air Act, without a permit revision, in accordance with the
11    following requirements:
12            (i) Each such change shall meet all applicable
13        requirements and shall not violate any existing permit
14        term or condition;
15            (ii) Sources must provide contemporaneous written
16        notice to the Agency and USEPA of each such change,
17        except for changes that qualify as insignificant under
18        provisions adopted by the Agency or the Board. Such
19        written notice shall describe each such change,
20        including the date, any change in emissions,
21        pollutants emitted, and any applicable requirement
22        that would apply as a result of the change;
23            (iii) The change shall not qualify for the shield
24        described in paragraph (j) of subsection 7 of this
25        Section; and
26            (iv) The permittee shall keep a record describing

 

 

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1        changes made at the source that result in emissions of
2        a regulated air pollutant subject to an applicable
3        Clean Air Act requirement, but not otherwise regulated
4        under the permit, and the emissions resulting from
5        those changes.
6        c. The Agency shall have the authority to adopt
7    procedural rules, in accordance with the Illinois
8    Administrative Procedure Act, as the Agency deems
9    necessary to implement this subsection.
 
10    13. Administrative Permit Amendments.
11        a. The Agency shall take final action on a request for
12    an administrative permit amendment within 60 days after
13    receipt of the request. Neither notice nor an opportunity
14    for public and affected State comment shall be required
15    for the Agency to incorporate such revisions, provided it
16    designates the permit revisions as having been made
17    pursuant to this subsection.
18        b. The Agency shall submit a copy of the revised
19    permit to USEPA.
20        c. For purposes of this Section the term
21    "administrative permit amendment" shall be defined as a
22    permit revision that can accomplish one or more of the
23    changes described below:
24            i. Corrects typographical errors;
25            ii. Identifies a change in the name, address, or

 

 

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1        phone number of any person identified in the permit,
2        or provides a similar minor administrative change at
3        the source;
4            iii. Requires more frequent monitoring or
5        reporting by the permittee;
6            iv. Allows for a change in ownership or
7        operational control of a source where the Agency
8        determines that no other change in the permit is
9        necessary, provided that a written agreement
10        containing a specific date for transfer of permit
11        responsibility, coverage, and liability between the
12        current and new permittees has been submitted to the
13        Agency;
14            v. Incorporates into the CAAPP permit the
15        requirements from preconstruction review permits
16        authorized under a USEPA-approved program, provided
17        the program meets procedural and compliance
18        requirements substantially equivalent to those
19        contained in this Section;
20            vi. (Blank); or
21            vii. Any other type of change which USEPA has
22        determined as part of the approved CAAPP permit
23        program to be similar to those included in this
24        subsection.
25        d. The Agency shall, upon taking final action granting
26    a request for an administrative permit amendment, allow

 

 

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1    coverage by the permit shield in paragraph (j) of
2    subsection 7 of this Section for administrative permit
3    amendments made pursuant to subparagraph (v) of paragraph
4    (c) of this subsection which meet the relevant
5    requirements for significant permit modifications.
6        e. Permit revisions and modifications, including
7    administrative amendments and automatic amendments
8    (pursuant to Sections 408(b) and 403(d) of the Clean Air
9    Act or regulations promulgated thereunder), for purposes
10    of the acid rain portion of the permit shall be governed by
11    the regulations promulgated under Title IV of the Clean
12    Air Act. Owners or operators of affected sources for acid
13    deposition shall have the flexibility to amend their
14    compliance plans as provided in the regulations
15    promulgated under Title IV of the Clean Air Act.
16        f. The CAAPP source may implement the changes
17    addressed in the request for an administrative permit
18    amendment immediately upon submittal of the request.
19        g. The Agency shall have the authority to adopt
20    procedural rules, in accordance with the Illinois
21    Administrative Procedure Act, as the Agency deems
22    necessary, to implement this subsection.
 
23    14. Permit Modifications.
24        a. Minor permit modification procedures.
25            i. The Agency shall review a permit modification

 

 

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1        using the "minor permit" modification procedures only
2        for those permit modifications that:
3                A. Do not violate any applicable requirement;
4                B. Do not involve significant changes to
5            existing monitoring, reporting, or recordkeeping
6            requirements in the permit;
7                C. Do not require a case-by-case determination
8            of an emission limitation or other standard, or a
9            source-specific determination of ambient impacts,
10            or a visibility or increment analysis;
11                D. Do not seek to establish or change a permit
12            term or condition for which there is no
13            corresponding underlying requirement and which
14            avoids an applicable requirement to which the
15            source would otherwise be subject. Such terms and
16            conditions include:
17                    1. A federally enforceable emissions cap
18                assumed to avoid classification as a
19                modification under any provision of Title I of
20                the Clean Air Act; and
21                    2. An alternative emissions limit approved
22                pursuant to regulations promulgated under
23                Section 112(i)(5) of the Clean Air Act;
24                E. Are not modifications under any provision
25            of Title I of the Clean Air Act; and
26                F. Are not required to be processed as a

 

 

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1            significant modification.
2            ii. Notwithstanding subparagraph (i) of paragraph
3        (a) and subparagraph (ii) of paragraph (b) of this
4        subsection, minor permit modification procedures may
5        be used for permit modifications involving the use of
6        economic incentives, marketable permits, emissions
7        trading, and other similar approaches, to the extent
8        that such minor permit modification procedures are
9        explicitly provided for in an applicable
10        implementation plan or in applicable requirements
11        promulgated by USEPA.
12            iii. An applicant requesting the use of minor
13        permit modification procedures shall meet the
14        requirements of subsection 5 of this Section and shall
15        include the following in its application:
16                A. A description of the change, the emissions
17            resulting from the change, and any new applicable
18            requirements that will apply if the change occurs;
19                B. The source's suggested draft permit;
20                C. Certification by a responsible official,
21            consistent with paragraph (e) of subsection 5 of
22            this Section and applicable regulations, that the
23            proposed modification meets the criteria for use
24            of minor permit modification procedures and a
25            request that such procedures be used; and
26                D. Completed forms for the Agency to use to

 

 

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1            notify USEPA and affected States as required under
2            subsections 8 and 9 of this Section.
3            iv. Within 5 working days after receipt of a
4        complete permit modification application, the Agency
5        shall notify USEPA and affected States of the
6        requested permit modification in accordance with
7        subsections 8 and 9 of this Section. The Agency
8        promptly shall send any notice required under
9        paragraph (d) of subsection 8 of this Section to
10        USEPA.
11            v. The Agency may not issue a final permit
12        modification until after the 45-day review period for
13        USEPA or until USEPA has notified the Agency that
14        USEPA will not object to the issuance of the permit
15        modification, whichever comes first, although the
16        Agency can approve the permit modification prior to
17        that time. Within 90 days after the Agency's receipt
18        of an application under the minor permit modification
19        procedures or 15 days after the end of USEPA's 45-day
20        review period under subsection 9 of this Section,
21        whichever is later, the Agency shall:
22                A. Issue the permit modification as proposed;
23                B. Deny the permit modification application;
24                C. Determine that the requested modification
25            does not meet the minor permit modification
26            criteria and should be reviewed under the

 

 

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1            significant modification procedures; or
2                D. Revise the draft permit modification and
3            transmit to USEPA the new proposed permit
4            modification as required by subsection 9 of this
5            Section.
6            vi. Any CAAPP source may make the change proposed
7        in its minor permit modification application
8        immediately after it files such application. After the
9        CAAPP source makes the change allowed by the preceding
10        sentence, and until the Agency takes any of the
11        actions specified in items (A) through (C) of
12        subparagraph (v) of paragraph (a) of this subsection,
13        the source must comply with both the applicable
14        requirements governing the change and the proposed
15        permit terms and conditions. During this time period,
16        the source need not comply with the existing permit
17        terms and conditions it seeks to modify. If the source
18        fails to comply with its proposed permit terms and
19        conditions during this time period, the existing
20        permit terms and conditions which it seeks to modify
21        may be enforced against it.
22            vii. The permit shield under paragraph (j) of
23        subsection 7 of this Section may not extend to minor
24        permit modifications.
25            viii. If a construction permit is required,
26        pursuant to subsection (a) of Section 39 of this Act

 

 

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1        and regulations thereunder, for a change for which the
2        minor permit modification procedures are applicable,
3        the source may request that the processing of the
4        construction permit application be consolidated with
5        the processing of the application for the minor permit
6        modification. In such cases, the provisions of this
7        Section, including those within subsections 5, 8, and
8        9, shall apply and the Agency shall act on such
9        applications pursuant to subparagraph (v) of paragraph
10        (a) of subsection 14 of this Section. The source may
11        make the proposed change immediately after filing its
12        application for the minor permit modification. Nothing
13        in this subparagraph shall otherwise affect the
14        requirements and procedures applicable to construction
15        permits.
16        b. Group Processing of Minor Permit Modifications.
17            i. Where requested by an applicant within its
18        application, the Agency shall process groups of a
19        source's applications for certain modifications
20        eligible for minor permit modification processing in
21        accordance with the provisions of this paragraph (b).
22            ii. Permit modifications may be processed in
23        accordance with the procedures for group processing,
24        for those modifications:
25                A. Which meet the criteria for minor permit
26            modification procedures under subparagraph (i) of

 

 

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1            paragraph (a) of subsection 14 of this Section;
2            and
3                B. That collectively are below 10 percent of
4            the emissions allowed by the permit for the
5            emissions unit for which change is requested, 20
6            percent of the applicable definition of major
7            source set forth in subsection 2 of this Section,
8            or 5 tons per year, whichever is least.
9            iii. An applicant requesting the use of group
10        processing procedures shall meet the requirements of
11        subsection 5 of this Section and shall include the
12        following in its application:
13                A. A description of the change, the emissions
14            resulting from the change, and any new applicable
15            requirements that will apply if the change occurs.
16                B. The source's suggested draft permit.
17                C. Certification by a responsible official
18            consistent with paragraph (e) of subsection 5 of
19            this Section, that the proposed modification meets
20            the criteria for use of group processing
21            procedures and a request that such procedures be
22            used.
23                D. A list of the source's other pending
24            applications awaiting group processing, and a
25            determination of whether the requested
26            modification, aggregated with these other

 

 

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1            applications, equals or exceeds the threshold set
2            under item (B) of subparagraph (ii) of paragraph
3            (b) of this subsection.
4                E. Certification, consistent with paragraph
5            (e) of subsection 5 of this Section, that the
6            source has notified USEPA of the proposed
7            modification. Such notification need only contain
8            a brief description of the requested modification.
9                F. Completed forms for the Agency to use to
10            notify USEPA and affected states as required under
11            subsections 8 and 9 of this Section.
12            iv. On a quarterly basis or within 5 business days
13        after receipt of an application demonstrating that the
14        aggregate of a source's pending applications equals or
15        exceeds the threshold level set forth within item (B)
16        of subparagraph (ii) of paragraph (b) of this
17        subsection, whichever is earlier, the Agency shall
18        promptly notify USEPA and affected States of the
19        requested permit modifications in accordance with
20        subsections 8 and 9 of this Section. The Agency shall
21        send any notice required under paragraph (d) of
22        subsection 8 of this Section to USEPA.
23            v. The provisions of subparagraph (v) of paragraph
24        (a) of this subsection shall apply to modifications
25        eligible for group processing, except that the Agency
26        shall take one of the actions specified in items (A)

 

 

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1        through (D) of subparagraph (v) of paragraph (a) of
2        this subsection within 180 days after receipt of the
3        application or 15 days after the end of USEPA's 45-day
4        review period under subsection 9 of this Section,
5        whichever is later.
6            vi. The provisions of subparagraph (vi) of
7        paragraph (a) of this subsection shall apply to
8        modifications for group processing.
9            vii. The provisions of paragraph (j) of subsection
10        7 of this Section shall not apply to modifications
11        eligible for group processing.
12        c. Significant Permit Modifications.
13            i. Significant modification procedures shall be
14        used for applications requesting significant permit
15        modifications and for those applications that do not
16        qualify as either minor permit modifications or as
17        administrative permit amendments.
18            ii. Every significant change in existing
19        monitoring permit terms or conditions and every
20        relaxation of reporting or recordkeeping requirements
21        shall be considered significant. A modification shall
22        also be considered significant if in the judgment of
23        the Agency action on an application for modification
24        would require decisions to be made on technically
25        complex issues. Nothing herein shall be construed to
26        preclude the permittee from making changes consistent

 

 

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1        with this Section that would render existing permit
2        compliance terms and conditions irrelevant.
3            iii. Significant permit modifications must meet
4        all the requirements of this Section, including those
5        for applications (including completeness review),
6        public participation, review by affected States, and
7        review by USEPA applicable to initial permit issuance
8        and permit renewal. The Agency shall take final action
9        on significant permit modifications within 9 months
10        after receipt of a complete application.
11        d. The Agency shall have the authority to adopt
12    procedural rules, in accordance with the Illinois
13    Administrative Procedure Act, as the Agency deems
14    necessary, to implement this subsection.
 
15    15. Reopenings for Cause by the Agency.
16        a. Each issued CAAPP permit shall include provisions
17    specifying the conditions under which the permit will be
18    reopened prior to the expiration of the permit. Such
19    revisions shall be made as expeditiously as practicable. A
20    CAAPP permit shall be reopened and revised under any of
21    the following circumstances, in accordance with procedures
22    adopted by the Agency:
23            i. Additional requirements under the Clean Air Act
24        become applicable to a major CAAPP source for which 3
25        or more years remain on the original term of the

 

 

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1        permit. Such a reopening shall be completed not later
2        than 18 months after the promulgation of the
3        applicable requirement. No such revision is required
4        if the effective date of the requirement is later than
5        the date on which the permit is due to expire.
6            ii. Additional requirements (including excess
7        emissions requirements) become applicable to an
8        affected source for acid deposition under the acid
9        rain program. Excess emissions offset plans shall be
10        deemed to be incorporated into the permit upon
11        approval by USEPA.
12            iii. The Agency or USEPA determines that the
13        permit contains a material mistake or that inaccurate
14        statements were made in establishing the emissions
15        standards, limitations, or other terms or conditions
16        of the permit.
17            iv. The Agency or USEPA determines that the permit
18        must be revised or revoked to assure compliance with
19        the applicable requirements.
20        b. In the event that the Agency determines that there
21    are grounds for revoking a CAAPP permit, for cause,
22    consistent with paragraph a of this subsection, it shall
23    file a petition before the Board setting forth the basis
24    for such revocation. In any such proceeding, the Agency
25    shall have the burden of establishing that the permit
26    should be revoked under the standards set forth in this

 

 

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1    Act and the Clean Air Act. Any such proceeding shall be
2    conducted pursuant to the Board's procedures for
3    adjudicatory hearings and the Board shall render its
4    decision within 120 days of the filing of the petition.
5    The Agency shall take final action to revoke and reissue a
6    CAAPP permit consistent with the Board's order.
7        c. Proceedings regarding a reopened CAAPP permit shall
8    follow the same procedures as apply to initial permit
9    issuance and shall affect only those parts of the permit
10    for which cause to reopen exists.
11        d. Reopenings under paragraph (a) of this subsection
12    shall not be initiated before a notice of such intent is
13    provided to the CAAPP source by the Agency at least 30 days
14    in advance of the date that the permit is to be reopened,
15    except that the Agency may provide a shorter time period
16    in the case of an emergency.
17        e. The Agency shall have the authority to adopt
18    procedural rules, in accordance with the Illinois
19    Administrative Procedure Act, as the Agency deems
20    necessary, to implement this subsection.
 
21    16. Reopenings for Cause by USEPA.
22        a. When USEPA finds that cause exists to terminate,
23    modify, or revoke and reissue a CAAPP permit pursuant to
24    subsection 15 of this Section, and thereafter notifies the
25    Agency and the permittee of such finding in writing, the

 

 

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1    Agency shall forward to USEPA and the permittee a proposed
2    determination of termination, modification, or revocation
3    and reissuance as appropriate, in accordance with
4    paragraph (b) of this subsection. The Agency's proposed
5    determination shall be in accordance with the record, the
6    Clean Air Act, regulations promulgated thereunder, this
7    Act and regulations promulgated thereunder. Such proposed
8    determination shall not affect the permit or constitute a
9    final permit action for purposes of this Act or the
10    Administrative Review Law. The Agency shall forward to
11    USEPA such proposed determination within 90 days after
12    receipt of the notification from USEPA. If additional time
13    is necessary to submit the proposed determination, the
14    Agency shall request a 90-day extension from USEPA and
15    shall submit the proposed determination within 180 days
16    after receipt of notification from USEPA.
17            b. i. Prior to the Agency's submittal to USEPA of a
18        proposed determination to terminate or revoke and
19        reissue the permit, the Agency shall file a petition
20        before the Board setting forth USEPA's objection, the
21        permit record, the Agency's proposed determination,
22        and the justification for its proposed determination.
23        The Board shall conduct a hearing pursuant to the
24        rules prescribed by Section 32 of this Act, and the
25        burden of proof shall be on the Agency.
26            ii. After due consideration of the written and

 

 

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1        oral statements, the testimony and arguments that
2        shall be submitted at hearing, the Board shall issue
3        and enter an interim order for the proposed
4        determination, which shall set forth all changes, if
5        any, required in the Agency's proposed determination.
6        The interim order shall comply with the requirements
7        for final orders as set forth in Section 33 of this
8        Act. Issuance of an interim order by the Board under
9        this paragraph, however, shall not affect the permit
10        status and does not constitute a final action for
11        purposes of this Act or the Administrative Review Law.
12            iii. The Board shall cause a copy of its interim
13        order to be served upon all parties to the proceeding
14        as well as upon USEPA. The Agency shall submit the
15        proposed determination to USEPA in accordance with the
16        Board's Interim Order within 180 days after receipt of
17        the notification from USEPA.
18        c. USEPA shall review the proposed determination to
19    terminate, modify, or revoke and reissue the permit within
20    90 days after receipt.
21            i. When USEPA reviews the proposed determination
22        to terminate or revoke and reissue and does not
23        object, the Board shall, within 7 days after receipt
24        of USEPA's final approval, enter the interim order as
25        a final order. The final order may be appealed as
26        provided by Title XI of this Act. The Agency shall take

 

 

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1        final action in accordance with the Board's final
2        order.
3            ii. When USEPA reviews such proposed determination
4        to terminate or revoke and reissue and objects, the
5        Agency shall submit USEPA's objection and the Agency's
6        comments and recommendation on the objection to the
7        Board and permittee. The Board shall review its
8        interim order in response to USEPA's objection and the
9        Agency's comments and recommendation and issue a final
10        order in accordance with Sections 32 and 33 of this
11        Act. The Agency shall, within 90 days after receipt of
12        such objection, respond to USEPA's objection in
13        accordance with the Board's final order.
14            iii. When USEPA reviews such proposed
15        determination to modify and objects, the Agency shall,
16        within 90 days after receipt of the objection, resolve
17        the objection and modify the permit in accordance with
18        USEPA's objection, based upon the record, the Clean
19        Air Act, regulations promulgated thereunder, this Act,
20        and regulations promulgated thereunder.
21        d. If the Agency fails to submit the proposed
22    determination pursuant to paragraph a of this subsection
23    or fails to resolve any USEPA objection pursuant to
24    paragraph c of this subsection, USEPA will terminate,
25    modify, or revoke and reissue the permit.
26        e. The Agency shall have the authority to adopt

 

 

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1    procedural rules, in accordance with the Illinois
2    Administrative Procedure Act, as the Agency deems
3    necessary, to implement this subsection.
 
4    17. Title IV; Acid Rain Provisions.
5        a. The Agency shall act on initial CAAPP applications
6    for affected sources for acid deposition in accordance
7    with this Section and Title V of the Clean Air Act and
8    regulations promulgated thereunder, except as modified by
9    Title IV of the Clean Air Act and regulations promulgated
10    thereunder. The Agency shall issue initial CAAPP permits
11    to the affected sources for acid deposition which shall
12    become effective no earlier than January 1, 1995, and
13    which shall terminate on December 31, 1999, in accordance
14    with this Section. Subsequent CAAPP permits issued to
15    affected sources for acid deposition shall be issued for a
16    fixed term of 5 years. Title IV of the Clean Air Act and
17    regulations promulgated thereunder, including but not
18    limited to 40 C.F.R. Part 72, as now or hereafter amended,
19    are applicable to and enforceable under this Act.
20        b. A designated representative of an affected source
21    for acid deposition shall submit a timely and complete
22    Phase II acid rain permit application and compliance plan
23    to the Agency, not later than January 1, 1996, that meets
24    the requirements of Titles IV and V of the Clean Air Act
25    and regulations. The Agency shall act on the Phase II acid

 

 

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1    rain permit application and compliance plan in accordance
2    with this Section and Title V of the Clean Air Act and
3    regulations promulgated thereunder, except as modified by
4    Title IV of the Clean Air Act and regulations promulgated
5    thereunder. The Agency shall issue the Phase II acid rain
6    permit to an affected source for acid deposition no later
7    than December 31, 1997, which shall become effective on
8    January 1, 2000, in accordance with this Section, except
9    as modified by Title IV and regulations promulgated
10    thereunder; provided that the designated representative of
11    the source submitted a timely and complete Phase II permit
12    application and compliance plan to the Agency that meets
13    the requirements of Title IV and V of the Clean Air Act and
14    regulations.
15        c. Each Phase II acid rain permit issued in accordance
16    with this subsection shall have a fixed term of 5 years.
17    Except as provided in paragraph b above, the Agency shall
18    issue or deny a Phase II acid rain permit within 18 months
19    of receiving a complete Phase II permit application and
20    compliance plan.
21        d. A designated representative of a new unit, as
22    defined in Section 402 of the Clean Air Act, shall submit a
23    timely and complete Phase II acid rain permit application
24    and compliance plan that meets the requirements of Titles
25    IV and V of the Clean Air Act and its regulations. The
26    Agency shall act on the new unit's Phase II acid rain

 

 

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1    permit application and compliance plan in accordance with
2    this Section and Title V of the Clean Air Act and its
3    regulations, except as modified by Title IV of the Clean
4    Air Act and its regulations. The Agency shall reopen the
5    new unit's CAAPP permit for cause to incorporate the
6    approved Phase II acid rain permit in accordance with this
7    Section. The Phase II acid rain permit for the new unit
8    shall become effective no later than the date required
9    under Title IV of the Clean Air Act and its regulations.
10        e. A designated representative of an affected source
11    for acid deposition shall submit a timely and complete
12    Title IV NOx permit application to the Agency, not later
13    than January 1, 1998, that meets the requirements of
14    Titles IV and V of the Clean Air Act and its regulations.
15    The Agency shall reopen the Phase II acid rain permit for
16    cause and incorporate the approved NOx provisions into the
17    Phase II acid rain permit not later than January 1, 1999,
18    in accordance with this Section, except as modified by
19    Title IV of the Clean Air Act and regulations promulgated
20    thereunder. Such reopening shall not affect the term of
21    the Phase II acid rain permit.
22        f. The designated representative of the affected
23    source for acid deposition shall renew the initial CAAPP
24    permit and Phase II acid rain permit in accordance with
25    this Section and Title V of the Clean Air Act and
26    regulations promulgated thereunder, except as modified by

 

 

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1    Title IV of the Clean Air Act and regulations promulgated
2    thereunder.
3        g. In the case of an affected source for acid
4    deposition for which a complete Phase II acid rain permit
5    application and compliance plan are timely received under
6    this subsection, the complete permit application and
7    compliance plan, including amendments thereto, shall be
8    binding on the owner, operator and designated
9    representative, all affected units for acid deposition at
10    the affected source, and any other unit, as defined in
11    Section 402 of the Clean Air Act, governed by the Phase II
12    acid rain permit application and shall be enforceable as
13    an acid rain permit for purposes of Titles IV and V of the
14    Clean Air Act, from the date of submission of the acid rain
15    permit application until a Phase II acid rain permit is
16    issued or denied by the Agency.
17        h. The Agency shall not include or implement any
18    measure which would interfere with or modify the
19    requirements of Title IV of the Clean Air Act or
20    regulations promulgated thereunder.
21        i. Nothing in this Section shall be construed as
22    affecting allowances or USEPA's decision regarding an
23    excess emissions offset plan, as set forth in Title IV of
24    the Clean Air Act or regulations promulgated thereunder.
25            i. No permit revision shall be required for
26        increases in emissions that are authorized by

 

 

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1        allowances acquired pursuant to the acid rain program,
2        provided that such increases do not require a permit
3        revision under any other applicable requirement.
4            ii. No limit shall be placed on the number of
5        allowances held by the source. The source may not,
6        however, use allowances as a defense to noncompliance
7        with any other applicable requirement.
8            iii. Any such allowance shall be accounted for
9        according to the procedures established in regulations
10        promulgated under Title IV of the Clean Air Act.
11        j. To the extent that the federal regulations
12    promulgated under Title IV, including but not limited to
13    40 C.F.R. Part 72, as now or hereafter amended, are
14    inconsistent with the federal regulations promulgated
15    under Title V, the federal regulations promulgated under
16    Title IV shall take precedence.
17        k. The USEPA may intervene as a matter of right in any
18    permit appeal involving a Phase II acid rain permit
19    provision or denial of a Phase II acid rain permit.
20        l. It is unlawful for any owner or operator to violate
21    any terms or conditions of a Phase II acid rain permit
22    issued under this subsection, to operate any affected
23    source for acid deposition except in compliance with a
24    Phase II acid rain permit issued by the Agency under this
25    subsection, or to violate any other applicable
26    requirements.

 

 

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1        m. The designated representative of an affected source
2    for acid deposition shall submit to the Agency the data
3    and information submitted quarterly to USEPA, pursuant to
4    40 CFR 75.64, concurrently with the submission to USEPA.
5    The submission shall be in the same electronic format as
6    specified by USEPA.
7        n. The Agency shall act on any petition for exemption
8    of a new unit or retired unit, as those terms are defined
9    in Section 402 of the Clean Air Act, from the requirements
10    of the acid rain program in accordance with Title IV of the
11    Clean Air Act and its regulations.
12        o. The Agency shall have the authority to adopt
13    procedural rules, in accordance with the Illinois
14    Administrative Procedure Act, as the Agency deems
15    necessary to implement this subsection.
 
16    18. Fee Provisions.
17        a. A source subject to this Section or excluded under
18    subsection 1.1 or paragraph (c) of subsection 3 of this
19    Section, shall pay a fee as provided in this paragraph (a)
20    of subsection 18. However, a source that has been excluded
21    from the provisions of this Section under subsection 1.1
22    or under paragraph (c) of subsection 3 of this Section
23    because the source emits less than 25 tons per year of any
24    combination of regulated air pollutants, except greenhouse
25    gases, shall pay fees in accordance with paragraph (1) of

 

 

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1    subsection (b) of Section 9.6.
2            i. The fee for a source allowed to emit less than
3        100 tons per year of any combination of regulated air
4        pollutants, except greenhouse gases, shall be $1,800
5        per year, and that fee shall increase, beginning
6        January 1, 2012, to $2,150 per year.
7            ii. The fee for a source allowed to emit 100 tons
8        or more per year of any combination of regulated air
9        pollutants, except greenhouse gases and those
10        regulated air pollutants excluded in paragraph (f) of
11        this subsection 18, shall be as follows:
12                A. The Agency shall assess a fee of $18 per
13            ton, per year for the allowable emissions of
14            regulated air pollutants subject to this
15            subparagraph (ii) of paragraph (a) of subsection
16            18, and that fee shall increase, beginning January
17            1, 2012, to $21.50 per ton, per year. These fees
18            shall be used by the Agency and the Board to fund
19            the activities required by Title V of the Clean
20            Air Act including such activities as may be
21            carried out by other State or local agencies
22            pursuant to paragraph (d) of this subsection. The
23            amount of such fee shall be based on the
24            information supplied by the applicant in its
25            complete CAAPP permit application or in the CAAPP
26            permit if the permit has been granted and shall be

 

 

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1            determined by the amount of emissions that the
2            source is allowed to emit annually, provided
3            however, that the maximum fee for a CAAPP permit
4            under this subparagraph (ii) of paragraph (a) of
5            subsection 18 is $250,000, and increases,
6            beginning January 1, 2012, to $294,000. Beginning
7            January 1, 2012, the maximum fee under this
8            subparagraph (ii) of paragraph (a) of subsection
9            18 for a source that has been excluded under
10            subsection 1.1 of this Section or under paragraph
11            (c) of subsection 3 of this Section is $4,112. The
12            Agency shall provide as part of the permit
13            application form required under subsection 5 of
14            this Section a separate fee calculation form which
15            will allow the applicant to identify the allowable
16            emissions and calculate the fee. In no event shall
17            the Agency raise the amount of allowable emissions
18            requested by the applicant unless such increases
19            are required to demonstrate compliance with terms
20            of a CAAPP permit.
21                Notwithstanding the above, any applicant may
22            seek a change in its permit which would result in
23            increases in allowable emissions due to an
24            increase in the hours of operation or production
25            rates of an emission unit or units and such a
26            change shall be consistent with the construction

 

 

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1            permit requirements of the existing State permit
2            program, under subsection (a) of Section 39 of
3            this Act and applicable provisions of this
4            Section. Where a construction permit is required,
5            the Agency shall expeditiously grant such
6            construction permit and shall, if necessary,
7            modify the CAAPP permit based on the same
8            application.
9                B. The applicant or permittee may pay the fee
10            annually or semiannually for those fees greater
11            than $5,000. However, any applicant paying a fee
12            equal to or greater than $100,000 shall pay the
13            full amount on July 1, for the subsequent fiscal
14            year, or pay 50% of the fee on July 1 and the
15            remaining 50% by the next January 1. The Agency
16            may change any annual billing date upon reasonable
17            notice, but shall prorate the new bill so that the
18            permittee or applicant does not pay more than its
19            required fees for the fee period for which payment
20            is made.
21        b. (Blank).
22        c. (Blank).
23        d. There is hereby created in the State Treasury a
24    special fund to be known as the Clean Air Act Permit Fund
25    (formerly known as the CAA Permit Fund). All Funds
26    collected by the Agency pursuant to this subsection shall

 

 

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1    be deposited into the Fund. The General Assembly shall
2    appropriate monies from this Fund to the Agency and to the
3    Board to carry out their obligations under this Section.
4    The General Assembly may also authorize monies to be
5    granted by the Agency from this Fund to other State and
6    local agencies which perform duties related to the CAAPP.
7    Interest generated on the monies deposited in this Fund
8    shall be returned to the Fund.
9        e. The Agency shall have the authority to adopt
10    procedural rules, in accordance with the Illinois
11    Administrative Procedure Act, as the Agency deems
12    necessary to implement this subsection.
13        f. For purposes of this subsection, the term
14    "regulated air pollutant" shall have the meaning given to
15    it under subsection 1 of this Section but shall exclude
16    the following:
17            i. carbon monoxide;
18            ii. any Class I or II substance which is a
19        regulated air pollutant solely because it is listed
20        pursuant to Section 602 of the Clean Air Act; and
21            iii. any pollutant that is a regulated air
22        pollutant solely because it is subject to a standard
23        or regulation under Section 112(r) of the Clean Air
24        Act based on the emissions allowed in the permit
25        effective in that calendar year, at the time the
26        applicable bill is generated.
 

 

 

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1    19. Air Toxics Provisions.
2        a. In the event that the USEPA fails to promulgate in a
3    timely manner a standard pursuant to Section 112(d) of the
4    Clean Air Act, the Agency shall have the authority to
5    issue permits, pursuant to Section 112(j) of the Clean Air
6    Act and regulations promulgated thereunder, which contain
7    emission limitations which are equivalent to the emission
8    limitations that would apply to a source if an emission
9    standard had been promulgated in a timely manner by USEPA
10    pursuant to Section 112(d). Provided, however, that the
11    owner or operator of a source shall have the opportunity
12    to submit to the Agency a proposed emission limitation
13    which it determines to be equivalent to the emission
14    limitations that would apply to such source if an emission
15    standard had been promulgated in a timely manner by USEPA.
16    If the Agency refuses to include the emission limitation
17    proposed by the owner or operator in a CAAPP permit, the
18    owner or operator may petition the Board to establish
19    whether the emission limitation proposal submitted by the
20    owner or operator provides for emission limitations which
21    are equivalent to the emission limitations that would
22    apply to the source if the emission standard had been
23    promulgated by USEPA in a timely manner. The Board shall
24    determine whether the emission limitation proposed by the
25    owner or operator or an alternative emission limitation

 

 

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1    proposed by the Agency provides for the level of control
2    required under Section 112 of the Clean Air Act, or shall
3    otherwise establish an appropriate emission limitation,
4    pursuant to Section 112 of the Clean Air Act.
5        b. Any Board proceeding brought under paragraph (a) or
6    (e) of this subsection shall be conducted according to the
7    Board's procedures for adjudicatory hearings and the Board
8    shall render its decision within 120 days of the filing of
9    the petition. Any such decision shall be subject to review
10    pursuant to Section 41 of this Act. Where USEPA
11    promulgates an applicable emission standard prior to the
12    issuance of the CAAPP permit, the Agency shall include in
13    the permit the promulgated standard, provided that the
14    source shall have the compliance period provided under
15    Section 112(i) of the Clean Air Act. Where USEPA
16    promulgates an applicable standard subsequent to the
17    issuance of the CAAPP permit, the Agency shall revise such
18    permit upon the next renewal to reflect the promulgated
19    standard, providing a reasonable time for the applicable
20    source to comply with the standard, but no longer than 8
21    years after the date on which the source is first required
22    to comply with the emissions limitation established under
23    this subsection.
24        c. The Agency shall have the authority to implement
25    and enforce complete or partial emission standards
26    promulgated by USEPA pursuant to Section 112(d), and

 

 

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1    standards promulgated by USEPA pursuant to Sections
2    112(f), 112(h), 112(m), and 112(n), and may accept
3    delegation of authority from USEPA to implement and
4    enforce Section 112(l) and requirements for the prevention
5    and detection of accidental releases pursuant to Section
6    112(r) of the Clean Air Act.
7        d. The Agency shall have the authority to issue
8    permits pursuant to Section 112(i)(5) of the Clean Air
9    Act.
10        e. The Agency has the authority to implement Section
11    112(g) of the Clean Air Act consistent with the Clean Air
12    Act and federal regulations promulgated thereunder. If the
13    Agency refuses to include the emission limitations
14    proposed in an application submitted by an owner or
15    operator for a case-by-case maximum achievable control
16    technology (MACT) determination, the owner or operator may
17    petition the Board to determine whether the emission
18    limitation proposed by the owner or operator or an
19    alternative emission limitation proposed by the Agency
20    provides for a level of control required by Section 112 of
21    the Clean Air Act, or to otherwise establish an
22    appropriate emission limitation under Section 112 of the
23    Clean Air Act.
 
24    20. Small Business.
25        a. For purposes of this subsection:

 

 

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1        "Program" is the Small Business Stationary Source
2    Technical and Environmental Compliance Assistance Program
3    created within this State pursuant to Section 507 of the
4    Clean Air Act and guidance promulgated thereunder, to
5    provide technical assistance and compliance information to
6    small business stationary sources;
7        "Small Business Assistance Program" is a component of
8    the Program responsible for providing sufficient
9    communications with small businesses through the
10    collection and dissemination of information to small
11    business stationary sources; and
12        "Small Business Stationary Source" means a stationary
13    source that:
14            1. is owned or operated by a person that employs
15        100 or fewer individuals;
16            2. is a small business concern as defined in the
17        "Small Business Act";
18            3. is not a major source as that term is defined in
19        subsection 2 of this Section;
20            4. does not emit 50 tons or more per year of any
21        regulated air pollutant, except greenhouse gases; and
22            5. emits less than 75 tons per year of all
23        regulated pollutants, except greenhouse gases.
24        b. The Agency shall adopt and submit to USEPA, after
25    reasonable notice and opportunity for public comment, as a
26    revision to the Illinois state implementation plan, plans

 

 

SB3506 Enrolled- 92 -LRB103 37497 JAG 67620 b

1    for establishing the Program.
2        c. The Agency shall have the authority to enter into
3    such contracts and agreements as the Agency deems
4    necessary to carry out the purposes of this subsection.
5        d. The Agency may establish such procedures as it may
6    deem necessary for the purposes of implementing and
7    executing its responsibilities under this subsection.
8        e. There shall be appointed a Small Business Ombudsman
9    (hereinafter in this subsection referred to as
10    "Ombudsman") to monitor the Small Business Assistance
11    Program. The Ombudsman shall be a nonpartisan designated
12    official, with the ability to independently assess whether
13    the goals of the Program are being met.
14        f. The State Ombudsman Office shall be located in an
15    existing Ombudsman office within the State or in any State
16    Department.
17        g. There is hereby created a State Compliance Advisory
18    Panel (hereinafter in this subsection referred to as
19    "Panel") for determining the overall effectiveness of the
20    Small Business Assistance Program within this State.
21        h. The selection of Panel members shall be by the
22    following method:
23            1. The Governor shall select two members who are
24        not owners or representatives of owners of small
25        business stationary sources to represent the general
26        public;

 

 

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1            2. The Director of the Agency shall select one
2        member to represent the Agency; and
3            3. The State Legislature shall select four members
4        who are owners or representatives of owners of small
5        business stationary sources. Both the majority and
6        minority leadership in both Houses of the Legislature
7        shall appoint one member of the panel.
8        i. Panel members should serve without compensation but
9    will receive full reimbursement for expenses including
10    travel and per diem as authorized within this State.
11        j. The Panel shall select its own Chair by a majority
12    vote. The Chair may meet and consult with the Ombudsman
13    and the head of the Small Business Assistance Program in
14    planning the activities for the Panel.
 
15    21. Temporary Sources.
16        a. The Agency may issue a single permit authorizing
17    emissions from similar operations by the same source owner
18    or operator at multiple temporary locations, except for
19    sources which are affected sources for acid deposition
20    under Title IV of the Clean Air Act.
21        b. The applicant must demonstrate that the operation
22    is temporary and will involve at least one change of
23    location during the term of the permit.
24        c. Any such permit shall meet all applicable
25    requirements of this Section and applicable regulations,

 

 

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1    and include conditions assuring compliance with all
2    applicable requirements at all authorized locations and
3    requirements that the owner or operator notify the Agency
4    at least 10 days in advance of each change in location.
 
5    22. Solid Waste Incineration Units.
6        a. A CAAPP permit for a solid waste incineration unit
7    combusting municipal waste subject to standards
8    promulgated under Section 129(e) of the Clean Air Act
9    shall be issued for a period of 12 years and shall be
10    reviewed every 5 years, unless the Agency requires more
11    frequent review through Agency procedures.
12        b. During the review in paragraph (a) of this
13    subsection, the Agency shall fully review the previously
14    submitted CAAPP permit application and corresponding
15    reports subsequently submitted to determine whether the
16    source is in compliance with all applicable requirements.
17        c. If the Agency determines that the source is not in
18    compliance with all applicable requirements it shall
19    revise the CAAPP permit as appropriate.
20        d. The Agency shall have the authority to adopt
21    procedural rules, in accordance with the Illinois
22    Administrative Procedure Act, as the Agency deems
23    necessary, to implement this subsection.
24(Source: P.A. 99-380, eff. 8-17-15; 99-933, eff. 1-27-17;
25100-103, eff. 8-11-17.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.