093_HB3553 LRB093 02578 AMC 02588 b 1 AN ACT concerning air pollution. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Environmental Protection Act is amended by 5 adding Section 9.11 as follows: 6 (415 ILCS 5/9.11 new) 7 Sec. 9.11. Air pollution construction permit fees. 8 (a) For any source for which an air pollution 9 construction permit is required, the owner or operator of 10 that source shall pay a fee as established in this Section to 11 the Agency at the time that he or she submits the application 12 for a construction permit. Unless the proper fee established 13 under this Section is submitted with the permit application, 14 the Agency shall not be required to review or process the 15 application, and the provisions of subsection (a) of Section 16 39 of this Act do not apply to the application. 17 (b) The following fee amounts shall apply: 18 (1) If the estimated cost of the project is less 19 than $300,000, or if the project consists of a new 20 facility controlled and operated by the federal 21 government or the State of Illinois and the new facility 22 is not subject to the requirements of the federal 23 Prevention of Significant Deterioration (PSD) program or 24 the nonattainment New Source Review (NSR) program, the 25 fee is $500 per application for an air pollution 26 construction permit. If the Agency grants a request for 27 expedited review of an application for an air pollution 28 construction permit that meets the criteria of this 29 subdivision (b)(1), the review shall be completed within 30 45 days of the date the permit application is filed with 31 the Agency, and the fee is $1,000. The Agency may not -2- LRB093 02578 AMC 02588 b 1 grant a request for expedited review of an application 2 for an air pollution construction permit under this 3 subdivision (b)(1) if public notice and the opportunity 4 for a hearing are required. If public notice and the 5 opportunity for a hearing are required, the fee per 6 application under this subdivision (b)(1) is $5,500. 7 (2) If the estimated cost of the project is 8 $300,000 or more, and the project is not subject to PSD 9 or NSR, the fee is 0.20% of the estimated capital cost of 10 the project, not to exceed $75,000 per application, for 11 an air pollution construction permit that meets the 12 criteria of this subdivision (b)(2). If the Agency grants 13 a request for expedited review of an application for an 14 air pollution construction permit that meets the criteria 15 of this subdivision (b)(2), the review shall be completed 16 within 45 days after the date the permit application is 17 filed with the Agency, and the fee is 0.40% of the 18 capital cost of the project, not to exceed $150,000 per 19 application. The Agency may not grant a request for 20 expedited review of an application for an air pollution 21 construction permit under this subdivision (b)(2) if 22 public notice and the opportunity for a hearing are 23 required. If public notice and the opportunity for a 24 hearing are required, the fee per application under this 25 subdivision (b)(2) shall be increased by $5,000. 26 (3) If the requested construction permit is for 27 activities not involving capital expenditure and the 28 requested permit does not meet the criteria of 29 subdivision (b)(4) of this Section, the fee is $500 per 30 application for an air pollution construction permit. If 31 the Agency grants a request for expedited review of an 32 application for an air pollution construction permit 33 under this subdivision (b)(3), the review shall be 34 completed within 45 days after the date the permit -3- LRB093 02578 AMC 02588 b 1 application is filed with the Agency, and the fee is 2 $1,000. The Agency shall not grant a request for 3 expedited review of an application for an air pollution 4 construction permit under this subdivision (b)(3) if 5 public notice and the opportunity for a hearing are 6 required. If public notice and the opportunity for a 7 hearing are required, the fee per application under this 8 subdivision (b)(3) is $5,500. 9 (4) If the project requires a PSD or NSR permit or 10 a permit with limitations on throughput or operating 11 hours or other limitations to avoid PSD or NSR: 12 (A) If the estimated capital cost of the 13 project is less than $300,000, or if the project 14 consists of a new facility controlled and operated 15 directly by the federal government or the State of 16 Illinois, the fee is $1,500 per application for an 17 air pollution construction permit. If public notice 18 and the opportunity for a hearing are required, the 19 fee per application is $6,500. 20 (B) If the estimated capital cost of the 21 project is $300,000 or more, the fee is 0.50% of the 22 estimated capital cost of the project, not to exceed 23 $75,000 per application for an air pollution 24 construction permit. If public notice and the 25 opportunity for a hearing are required, the fee per 26 application calculated under this subdivision 27 (b)(4)(B) shall be increased by $5,000. 28 (5) For each application for an air pollution 29 construction permit where the application does not 30 include an estimate of the capital cost of the project, 31 the fee shall be as follows: 32 (A) For projects not subject to PSD or NSR, 33 and for permit applications for which limitations on 34 throughput or operating hours or other limitations -4- LRB093 02578 AMC 02588 b 1 to avoid PSD or NSR are not requested, a fee of 2 $500, or $1,000 if the Agency grants a request for 3 expedited review of an application for an air 4 pollution construction permit under this subdivision 5 (b)(5)(A). However, if public notice and the 6 opportunity for a hearing are required, the fee per 7 application under this subsection (b)(5)(A) shall be 8 increased by $5,000. 9 (B) For projects subject to PSD or NSR, a fee 10 of $75,000. 11 (6) Where a permittee seeks a revision to an air 12 pollution control construction permit that has been 13 issued, fees for each request for revision shall be as 14 follows: 15 (A) For revisions to change names, addresses, 16 or phone numbers identified in the permit, or to 17 provide for a similar minor administrative change at 18 the source, $500, or $1,000 if the Agency grants a 19 request for expedited review of the revision. 20 (B) For modifications to a permit subject to 21 the fee required under subdivision (b)(1) or (b)(3) 22 of this Section, $500, or $1,000 if the Agency 23 grants a request for expedited review of the 24 modifications. 25 (C) For modifications to a permit subject to 26 the fee required under subdivision (b)(2) or 27 (b)(4)(B) of this Section, 0.005% of the estimated 28 capital cost of the project. 29 (D) For modifications to a permit subject to 30 the fee required under subdivision (b)(4)(A) of this 31 Section, $1,500. 32 (E) For modifications to a permit subject to 33 the fees required under subdivision (b)(5)(A) of 34 this Section, $500, or $1,000 if the Agency grants a -5- LRB093 02578 AMC 02588 b 1 request for expedited review of the modifications. 2 (F) For modifications to a permit subject to 3 the fee required under subdivision (b)(5)(B) of this 4 Section, $75,000 if the project was initially 5 subject to PSD or NSR or the modifications cause the 6 project to be subject to PSD or NSR. 7 (G) For modifications requiring public notice 8 and the opportunity for a hearing, an additional 9 $5,000. 10 (c) In the event that a permittee issued an air 11 pollution construction permit makes the fee payment from an 12 account with insufficient funds to cover the amount of a fee 13 payment, the air pollution construction permit shall be 14 deemed revoked immediately. The Agency shall notify the 15 permittee within 60 days of receipt of the notice of 16 insufficient funds by the bank. Failure of the Agency to 17 notify the permittee within 60 days of receipt of the notice 18 of insufficient funds by the bank does not excuse or alter 19 the duty of the permittee to comply with the provisions of 20 this Section. 21 (d) The applicant for an air pollution construction 22 permit or the permittee seeking a modification of an issued 23 air pollution control construction permit shall include a 24 certification of the estimated capital cost of the project 25 with each application or request for modification submitted 26 to the Agency. The estimated capital cost of the project 27 shall be updated quarterly and provided to the Agency with a 28 certification of the revised estimated capital cost. The 29 certification shall be signed by a duly authorized officer or 30 other representative of the permittee authorized to legally 31 bind or represent the permittee. 32 (e) The estimated capital cost of the project shall 33 include both direct and indirect costs. Direct costs include 34 the following: (A) process and control equipment not -6- LRB093 02578 AMC 02588 b 1 previously owned by the applicant and not currently included 2 in a construction or operating permit issued for the source; 3 (B) auxiliary equipment, including exhaust hoods, ducting, 4 fans, pumps, piping, conveyors, stacks, storage tanks, 5 waste-disposal facilities, and air pollution control 6 equipment specifically needed to meet permit and regulatory 7 requirements; (C) freight charges; (D) site preparation 8 (including demolition), construction of fences, outdoor 9 lighting, road, and parking areas; (E) installation 10 (including foundations), erection of supporting structures, 11 enclosures or weather protection, insulation and painting, 12 utilities and connections, process integration, and process 13 control equipment; (F) auxiliary buildings, including 14 materials storage, employee facilities, and changes to 15 existing structures; and (G) ambient air monitoring 16 equipment. Indirect costs include final engineering design 17 and supervisions, and administrative overhead; construction 18 expenses (including construction liaison), securing local 19 building permits, insurance, temporary construction 20 facilities, and construction clean-up; and contractor's fees 21 and overhead. 22 (f) The initial fee for an air pollution construction 23 permit and the initial certification of the estimate of 24 capital cost shall be submitted to the Agency at the time the 25 permit application is submitted, except that if public notice 26 and the opportunity for a hearing is required, the fee for 27 the notice may be submitted at a later date, but no later 28 than 15 days prior to the hearing. Any additional fees due 29 because of an increase in the estimated capital cost shall be 30 submitted with the quarterly certification of the estimated 31 capital cost. 32 (g) The Agency shall deny the issuance of a pending air 33 pollution construction permit or of the subsequent operating 34 permit if the applicant has not paid the required fees by the -7- LRB093 02578 AMC 02588 b 1 date required for issuance of the permit. The denial of a 2 permit for failure to pay an air pollution construction 3 permit fee shall be subject to review by the Board pursuant 4 to the provisions of subsection (a) of Section 40 of this 5 Act. 6 (h) Notwithstanding the requirements of subsection (a) 7 of Section 39 of this Act, the application for an air 8 pollution construction permit shall not be deemed to be filed 9 with the Agency until the Agency receives the initial air 10 pollution construction permit application fee and certified 11 estimate of capital cost as required by this Section. 12 (i) The requirements of this Section shall apply 13 beginning on July 1, 2003. 14 (j) The Agency may establish procedures for the 15 collection of air pollution construction permit fees. 16 (k) Fees collected pursuant to this Section shall be 17 deposited into the Environmental Protection Permit and 18 Inspection Fund. 19 Section 99. Effective date. This Act takes effect upon 20 becoming law.