SB2443 93RD GENERAL ASSEMBLY

LRB093 20587 BDD 46402 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2443

Introduced 2/3/2004, by James F. Clayborne Jr.

SYNOPSIS AS INTRODUCED:

415 ILCS 5/39.5	from Ch. 111 1/2, par. 1039.5
415 ILCS 5/42	from Ch. 111 1/2, par. 1042
415 ILCS 5/52.2 rep.

Amends the Environmental Protection Act. For the purposes of the Clean Air Act Permit Program, in the definition of "major source" that is included in the subsection on applicability, makes a change in the list of stationary source categories for which fugitive emissions are to be considered. Provides that a compliance management system documented by a regulated entity as reflecting the regulated entity's due diligence in preventing, detecting, and correcting violations may serve as a substitute for an environmental audit in connection with self-disclosure of non-compliance. Repeals a Section of the Act relating to environmental audit privileges. Effective Immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning environmental protection.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

4		Section 5. The Environmental Protection Act is amended by
5		changing Sections 39.5 and 42 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.
9		For purposes of this Section:
10		"Administrative permit amendment" means a permit revision
11		subject to subsection 13 of this Section.
12		"Affected source for acid deposition" means a source that
13		includes one or more affected units under Title IV of the Clean
14		Air Act.
15		"Affected States" for purposes of formal distribution of a
16		draft CAAPP permit to other States for comments prior to
17		issuance, means all States:
18		(1) Whose air quality may be affected by the source
19		covered by the draft permit and that are contiguous to
20		Illinois; or
21		(2) That are within 50 miles of the source.
22		"Affected unit for acid deposition" shall have the meaning
23		given to the term "affected unit" in the regulations
24		promulgated under Title IV of the Clean Air Act.
25		"Applicable Clean Air Act requirement" means all of the
26		following as they apply to emissions units in a source
27		(including regulations that have been promulgated or approved
28		by USEPA pursuant to the Clean Air Act which directly impose
29		requirements upon a source and other such federal requirements
30		which have been adopted by the Board. These may include
31		requirements and regulations which have future effective
32		compliance dates. Requirements and regulations will be exempt

1		if USEPA determines that such requirements need not be
2		contained in a Title V permit):
3		(1) Any standard or other requirement provided for in
4		the applicable state implementation plan approved or
5		promulgated by USEPA under Title I of the Clean Air Act
6		that implement the relevant requirements of the Clean Air
7		Act, including any revisions to the state Implementation
8		Plan promulgated in 40 CFR Part 52, Subparts A and O and
9		other subparts applicable to Illinois. For purposes of this
10		subsection (1) of this definition, "any standard or other
11		requirement" shall mean only such standards or
12		requirements directly enforceable against an individual
13		source under the Clean Air Act.
14		(2)(i) Any term or condition of any preconstruction
15		permits issued pursuant to regulations approved or
16		promulgated by USEPA under Title I of the Clean Air
17		Act, including Part C or D of the Clean Air Act.
18		(ii) Any term or condition as required pursuant to
19		Section 39.5 of any federally enforceable State
20		operating permit issued pursuant to regulations
21		approved or promulgated by USEPA under Title I of the
22		Clean Air Act, including Part C or D of the Clean Air
23		Act.
24		(3) Any standard or other requirement under Section 111
25		of the Clean Air Act, including Section 111(d).
26		(4) Any standard or other requirement under Section 112
27		of the Clean Air Act, including any requirement concerning
28		accident prevention under Section 112(r)(7) of the Clean
29		Air Act.
30		(5) Any standard or other requirement of the acid rain
31		program under Title IV of the Clean Air Act or the
32		regulations promulgated thereunder.
33		(6) Any requirements established pursuant to Section
34		504(b) or Section 114(a)(3) of the Clean Air Act.
35		(7) Any standard or other requirement governing solid
36		waste incineration, under Section 129 of the Clean Air Act.

1		(8) Any standard or other requirement for consumer and
2		commercial products, under Section 183(e) of the Clean Air
3		Act.
4		(9) Any standard or other requirement for tank vessels,
5		under Section 183(f) of the Clean Air Act.
6		(10) Any standard or other requirement of the program
7		to control air pollution from Outer Continental Shelf
8		sources, under Section 328 of the Clean Air Act.
9		(11) Any standard or other requirement of the
10		regulations promulgated to protect stratospheric ozone
11		under Title VI of the Clean Air Act, unless USEPA has
12		determined that such requirements need not be contained in
13		a Title V permit.
14		(12) Any national ambient air quality standard or
15		increment or visibility requirement under Part C of Title I
16		of the Clean Air Act, but only as it would apply to
17		temporary sources permitted pursuant to Section 504(e) of
18		the Clean Air Act.
19		"Applicable requirement" means all applicable Clean Air
20		Act requirements and any other standard, limitation, or other
21		requirement contained in this Act or regulations promulgated
22		under this Act as applicable to sources of air contaminants
23		(including requirements that have future effective compliance
24		dates).
25		"CAAPP" means the Clean Air Act Permit Program, developed
26		pursuant to Title V of the Clean Air Act.
27		"CAAPP application" means an application for a CAAPP
28		permit.
29		"CAAPP Permit" or "permit" (unless the context suggests
30		otherwise) means any permit issued, renewed, amended, modified
31		or revised pursuant to Title V of the Clean Air Act.
32		"CAAPP source" means any source for which the owner or
33		operator is required to obtain a CAAPP permit pursuant to
34		subsection 2 of this Section.
35		"Clean Air Act" means the Clean Air Act, as now and
36		hereafter amended, 42 U.S.C. 7401, et seq.

1		"Designated representative" shall have the meaning given
2		to it in Section 402(26) of the Clean Air Act and the
3		regulations promulgated thereunder which states that the term
4		'designated representative' shall mean a responsible person or
5		official authorized by the owner or operator of a unit to
6		represent the owner or operator in all matters pertaining to
7		the holding, transfer, or disposition of allowances allocated
8		to a unit, and the submission of and compliance with permits,
9		permit applications, and compliance plans for the unit.
10		"Draft CAAPP permit" means the version of a CAAPP permit
11		for which public notice and an opportunity for public comment
12		and hearing is offered by the Agency.
13		"Effective date of the CAAPP" means the date that USEPA
14		approves Illinois' CAAPP.
15		"Emission unit" means any part or activity of a stationary
16		source that emits or has the potential to emit any air
17		pollutant. This term is not meant to alter or affect the
18		definition of the term "unit" for purposes of Title IV of the
19		Clean Air Act.
20		"Federally enforceable" means enforceable by USEPA.
21		"Final permit action" means the Agency's granting with
22		conditions, refusal to grant, renewal of, or revision of a
23		CAAPP permit, the Agency's determination of incompleteness of a
24		submitted CAAPP application, or the Agency's failure to act on
25		an application for a permit, permit renewal, or permit revision
26		within the time specified in paragraph 5(j), subsection 13, or
27		subsection 14 of this Section.
28		"General permit" means a permit issued to cover numerous
29		similar sources in accordance with subsection 11 of this
30		Section.
31		"Major source" means a source for which emissions of one or
32		more air pollutants meet the criteria for major status pursuant
33		to paragraph 2(c) of this Section.
34		"Maximum achievable control technology" or "MACT" means
35		the maximum degree of reductions in emissions deemed achievable
36		under Section 112 of the Clean Air Act.

1		"Owner or operator" means any person who owns, leases,
2		operates, controls, or supervises a stationary source.
3		"Permit modification" means a revision to a CAAPP permit
4		that cannot be accomplished under the provisions for
5		administrative permit amendments under subsection 13 of this
6		Section.
7		"Permit revision" means a permit modification or
8		administrative permit amendment.
9		"Phase II" means the period of the national acid rain
10		program, established under Title IV of the Clean Air Act,
11		beginning January 1, 2000, and continuing thereafter.
12		"Phase II acid rain permit" means the portion of a CAAPP
13		permit issued, renewed, modified, or revised by the Agency
14		during Phase II for an affected source for acid deposition.
15		"Potential to emit" means the maximum capacity of a
16		stationary source to emit any air pollutant under its physical
17		and operational design. Any physical or operational limitation
18		on the capacity of a source to emit an air pollutant, including
19		air pollution control equipment and restrictions on hours of
20		operation or on the type or amount of material combusted,
21		stored, or processed, shall be treated as part of its design if
22		the limitation is enforceable by USEPA. This definition does
23		not alter or affect the use of this term for any other purposes
24		under the Clean Air Act, or the term "capacity factor" as used
25		in Title IV of the Clean Air Act or the regulations promulgated
26		thereunder.
27		"Preconstruction Permit" or "Construction Permit" means a
28		permit which is to be obtained prior to commencing or beginning
29		actual construction or modification of a source or emissions
30		unit.
31		"Proposed CAAPP permit" means the version of a CAAPP permit
32		that the Agency proposes to issue and forwards to USEPA for
33		review in compliance with applicable requirements of the Act
34		and regulations promulgated thereunder.
35		"Regulated air pollutant" means the following:
36		(1) Nitrogen oxides (NOx) or any volatile organic

1		compound.
2		(2) Any pollutant for which a national ambient air
3		quality standard has been promulgated.
4		(3) Any pollutant that is subject to any standard
5		promulgated under Section 111 of the Clean Air Act.
6		(4) Any Class I or II substance subject to a standard
7		promulgated under or established by Title VI of the Clean
8		Air Act.
9		(5) Any pollutant subject to a standard promulgated
10		under Section 112 or other requirements established under
11		Section 112 of the Clean Air Act, including Sections
12		112(g), (j) and (r).
13		(i) Any pollutant subject to requirements under
14		Section 112(j) of the Clean Air Act. Any pollutant
15		listed under Section 112(b) for which the subject
16		source would be major shall be considered to be
17		regulated 18 months after the date on which USEPA was
18		required to promulgate an applicable standard pursuant
19		to Section 112(e) of the Clean Air Act, if USEPA fails
20		to promulgate such standard.
21		(ii) Any pollutant for which the requirements of
22		Section 112(g)(2) of the Clean Air Act have been met,
23		but only with respect to the individual source subject
24		to Section 112(g)(2) requirement.
25		"Renewal" means the process by which a permit is reissued
26		at the end of its term.
27		"Responsible official" means one of the following:
28		(1) For a corporation: a president, secretary,
29		treasurer, or vice-president of the corporation in charge
30		of a principal business function, or any other person who
31		performs similar policy or decision-making functions for
32		the corporation, or a duly authorized representative of
33		such person if the representative is responsible for the
34		overall operation of one or more manufacturing,
35		production, or operating facilities applying for or
36		subject to a permit and either (i) the facilities employ

1		more than 250 persons or have gross annual sales or
2		expenditures exceeding $25 million (in second quarter 1980
3		dollars), or (ii) the delegation of authority to such
4		representative is approved in advance by the Agency.
5		(2) For a partnership or sole proprietorship: a general
6		partner or the proprietor, respectively, or in the case of
7		a partnership in which all of the partners are
8		corporations, a duly authorized representative of the
9		partnership if the representative is responsible for the
10		overall operation of one or more manufacturing,
11		production, or operating facilities applying for or
12		subject to a permit and either (i) the facilities employ
13		more than 250 persons or have gross annual sales or
14		expenditures exceeding $25 million (in second quarter 1980
15		dollars), or (ii) the delegation of authority to such
16		representative is approved in advance by the Agency.
17		(3) For a municipality, State, Federal, or other public
18		agency: either a principal executive officer or ranking
19		elected official. For the purposes of this part, a
20		principal executive officer of a Federal agency includes
21		the chief executive officer having responsibility for the
22		overall operations of a principal geographic unit of the
23		agency (e.g., a Regional Administrator of USEPA).
24		(4) For affected sources for acid deposition:
25		(i) The designated representative shall be the
26		"responsible official" in so far as actions,
27		standards, requirements, or prohibitions under Title
28		IV of the Clean Air Act or the regulations promulgated
29		thereunder are concerned.
30		(ii) The designated representative may also be the
31		"responsible official" for any other purposes with
32		respect to air pollution control.
33		"Section 502(b)(10) changes" means changes that contravene
34		express permit terms. "Section 502(b)(10) changes" do not
35		include changes that would violate applicable requirements or
36		contravene federally enforceable permit terms or conditions

1		that are monitoring (including test methods), recordkeeping,
2		reporting, or compliance certification requirements.
3		"Solid waste incineration unit" means a distinct operating
4		unit of any facility which combusts any solid waste material
5		from commercial or industrial establishments or the general
6		public (including single and multiple residences, hotels, and
7		motels). The term does not include incinerators or other units
8		required to have a permit under Section 3005 of the Solid Waste
9		Disposal Act. The term also does not include (A) materials
10		recovery facilities (including primary or secondary smelters)
11		which combust waste for the primary purpose of recovering
12		metals, (B) qualifying small power production facilities, as
13		defined in Section 3(17)(C) of the Federal Power Act (16 U.S.C.
14		769(17)(C)), or qualifying cogeneration facilities, as defined
15		in Section 3(18)(B) of the Federal Power Act (16 U.S.C.
16		796(18)(B)), which burn homogeneous waste (such as units which
17		burn tires or used oil, but not including refuse-derived fuel)
18		for the production of electric energy or in the case of
19		qualifying cogeneration facilities which burn homogeneous
20		waste for the production of electric energy and steam or forms
21		of useful energy (such as heat) which are used for industrial,
22		commercial, heating or cooling purposes, or (C) air curtain
23		incinerators provided that such incinerators only burn wood
24		wastes, yard waste and clean lumber and that such air curtain
25		incinerators comply with opacity limitations to be established
26		by the USEPA by rule.
27		"Source" means any stationary source (or any group of
28		stationary sources) that are located on one or more contiguous
29		or adjacent properties that are under common control of the
30		same person (or persons under common control) and that belongs
31		to a single major industrial grouping. For the purposes of
32		defining "source," a stationary source or group of stationary
33		sources shall be considered part of a single major industrial
34		grouping if all of the pollutant emitting activities at such
35		source or group of sources located on contiguous or adjacent
36		properties and under common control belong to the same Major

1		Group (i.e., all have the same two-digit code) as described in
2		the Standard Industrial Classification Manual, 1987, or such
3		pollutant emitting activities at a stationary source (or group
4		of stationary sources) located on contiguous or adjacent
5		properties and under common control constitute a support
6		facility. The determination as to whether any group of
7		stationary sources are located on contiguous or adjacent
8		properties, and/or are under common control, and/or whether the
9		pollutant emitting activities at such group of stationary
10		sources constitute a support facility shall be made on a case
11		by case basis.
12		"Stationary source" means any building, structure,
13		facility, or installation that emits or may emit any regulated
14		air pollutant or any pollutant listed under Section 112(b) of
15		the Clean Air Act.
16		"Support facility" means any stationary source (or group of
17		stationary sources) that conveys, stores, or otherwise assists
18		to a significant extent in the production of a principal
19		product at another stationary source (or group of stationary
20		sources). A support facility shall be considered to be part of
21		the same source as the stationary source (or group of
22		stationary sources) that it supports regardless of the 2-digit
23		Standard Industrial Classification code for the support
24		facility.
25		"USEPA" means the Administrator of the United States
26		Environmental Protection Agency (USEPA) or a person designated
27		by the Administrator.
28		1.1. Exclusion From the CAAPP.
29		a. An owner or operator of a source which determines
30		that the source could be excluded from the CAAPP may seek
31		such exclusion prior to the date that the CAAPP application
32		for the source is due but in no case later than 9 months
33		after the effective date of the CAAPP through the
34		imposition of federally enforceable conditions limiting
35		the "potential to emit" of the source to a level below the

1		major source threshold for that source as described in
2		paragraph 2(c) of this Section, within a State operating
3		permit issued pursuant to Section 39(a) of this Act. After
4		such date, an exclusion from the CAAPP may be sought under
5		paragraph 3(c) of this Section.
6		b. An owner or operator of a source seeking exclusion
7		from the CAAPP pursuant to paragraph (a) of this subsection
8		must submit a permit application consistent with the
9		existing State permit program which specifically requests
10		such exclusion through the imposition of such federally
11		enforceable conditions.
12		c. Upon such request, if the Agency determines that the
13		owner or operator of a source has met the requirements for
14		exclusion pursuant to paragraph (a) of this subsection and
15		other applicable requirements for permit issuance under
16		Section 39(a) of this Act, the Agency shall issue a State
17		operating permit for such source under Section 39(a) of
18		this Act, as amended, and regulations promulgated
19		thereunder with federally enforceable conditions limiting
20		the "potential to emit" of the source to a level below the
21		major source threshold for that source as described in
22		paragraph 2(c) of this Section.
23		d. The Agency shall provide an owner or operator of a
24		source which may be excluded from the CAAPP pursuant to
25		this subsection with reasonable notice that the owner or
26		operator may seek such exclusion.
27		e. The Agency shall provide such sources with the
28		necessary permit application forms.
29		2. Applicability.
30		a. Sources subject to this Section shall include:
31		i. Any major source as defined in paragraph (c) of
32		this subsection.
33		ii. Any source subject to a standard or other
34		requirements promulgated under Section 111 (New Source
35		Performance Standards) or Section 112 (Hazardous Air

1		Pollutants) of the Clean Air Act, except that a source
2		is not required to obtain a permit solely because it is
3		subject to regulations or requirements under Section
4		112(r) of the Clean Air Act.
5		iii. Any affected source for acid deposition, as
6		defined in subsection 1 of this Section.
7		iv. Any other source subject to this Section under
8		the Clean Air Act or regulations promulgated
9		thereunder, or applicable Board regulations.
10		b. Sources exempted from this Section shall include:
11		i. All sources listed in paragraph (a) of this
12		subsection which are not major sources, affected
13		sources for acid deposition or solid waste
14		incineration units required to obtain a permit
15		pursuant to Section 129(e) of the Clean Air Act, until
16		the source is required to obtain a CAAPP permit
17		pursuant to the Clean Air Act or regulations
18		promulgated thereunder.
19		ii. Nonmajor sources subject to a standard or other
20		requirements subsequently promulgated by USEPA under
21		Section 111 or 112 of the Clean Air Act which are
22		determined by USEPA to be exempt at the time a new
23		standard is promulgated.
24		iii. All sources and source categories that would
25		be required to obtain a permit solely because they are
26		subject to Part 60, Subpart AAA - Standards of
27		Performance for New Residential Wood Heaters (40 CFR
28		Part 60).
29		iv. All sources and source categories that would be
30		required to obtain a permit solely because they are
31		subject to Part 61, Subpart M - National Emission
32		Standard for Hazardous Air Pollutants for Asbestos,
33		Section 61.145 (40 CFR Part 61).
34		v. Any other source categories exempted by USEPA
35		regulations pursuant to Section 502(a) of the Clean Air
36		Act.

1		c. For purposes of this Section the term "major source"
2		means any source that is:
3		i. A major source under Section 112 of the Clean
4		Air Act, which is defined as:
5		A. For pollutants other than radionuclides,
6		any stationary source or group of stationary
7		sources located within a contiguous area and under
8		common control that emits or has the potential to
9		emit, in the aggregate, 10 tons per year (tpy) or
10		more of any hazardous air pollutant which has been
11		listed pursuant to Section 112(b) of the Clean Air
12		Act, 25 tpy or more of any combination of such
13		hazardous air pollutants, or such lesser quantity
14		as USEPA may establish by rule. Notwithstanding
15		the preceding sentence, emissions from any oil or
16		gas exploration or production well (with its
17		associated equipment) and emissions from any
18		pipeline compressor or pump station shall not be
19		aggregated with emissions from other similar
20		units, whether or not such units are in a
21		contiguous area or under common control, to
22		determine whether such stations are major sources.
23		B. For radionuclides, "major source" shall
24		have the meaning specified by the USEPA by rule.
25		ii. A major stationary source of air pollutants, as
26		defined in Section 302 of the Clean Air Act, that
27		directly emits or has the potential to emit, 100 tpy or
28		more of any air pollutant (including any major source
29		of fugitive emissions of any such pollutant, as
30		determined by rule by USEPA). For purposes of this
31		subsection, "fugitive emissions" means those emissions
32		which could not reasonably pass through a stack,
33		chimney, vent, or other functionally-equivalent
34		opening. The fugitive emissions of a stationary source
35		shall not be considered in determining whether it is a
36		major stationary source for the purposes of Section

1		302(j) of the Clean Air Act, unless the source belongs
2		to one of the following categories of stationary
3		source:
4		A. Coal cleaning plants (with thermal dryers).
5		B. Kraft pulp mills.
6		C. Portland cement plants.
7		D. Primary zinc smelters.
8		E. Iron and steel mills.
9		F. Primary aluminum ore reduction plants.
10		G. Primary copper smelters.
11		H. Municipal incinerators capable of charging
12		more than 250 tons of refuse per day.
13		I. Hydrofluoric, sulfuric, or nitric acid
14		plants.
15		J. Petroleum refineries.
16		K. Lime plants.
17		L. Phosphate rock processing plants.
18		M. Coke oven batteries.
19		N. Sulfur recovery plants.
20		O. Carbon black plants (furnace process).
21		P. Primary lead smelters.
22		Q. Fuel conversion plants.
23		R. Sintering plants.
24		S. Secondary metal production plants.
25		T. Chemical process plants.
26		U. Fossil-fuel boilers (or combination
27		thereof) totaling more than 250 million British
28		thermal units per hour heat input.
29		V. Petroleum storage and transfer units with a
30		total storage capacity exceeding 300,000 barrels.
31		W. Taconite ore processing plants.
32		X. Glass fiber processing plants.
33		Y. Charcoal production plants.
34		Z. Fossil fuel-fired steam electric plants of
35		more than 250 million British thermal units per
36		hour heat input.

1		AA. All other stationary source categories,
2		which as of August 7, 1980 are being regulated by a
3		standard promulgated under Section 111 or 112 of
4		the Clean Air Act, but only with respect to those
5		air pollutants that have been regulated for that
6		category.
7		BB. Any other stationary source category
8		designated by USEPA by rule.
9		iii. A major stationary source as defined in part D
10		of Title I of the Clean Air Act including:
11		A. For ozone nonattainment areas, sources with
12		the potential to emit 100 tons or more per year of
13		volatile organic compounds or oxides of nitrogen
14		in areas classified as "marginal" or "moderate",
15		50 tons or more per year in areas classified as
16		"serious", 25 tons or more per year in areas
17		classified as "severe", and 10 tons or more per
18		year in areas classified as "extreme"; except that
19		the references in this clause to 100, 50, 25, and
20		10 tons per year of nitrogen oxides shall not apply
21		with respect to any source for which USEPA has made
22		a finding, under Section 182(f)(1) or (2) of the
23		Clean Air Act, that requirements otherwise
24		applicable to such source under Section 182(f) of
25		the Clean Air Act do not apply. Such sources shall
26		remain subject to the major source criteria of
27		paragraph 2(c)(ii) of this subsection.
28		B. For ozone transport regions established
29		pursuant to Section 184 of the Clean Air Act,
30		sources with the potential to emit 50 tons or more
31		per year of volatile organic compounds (VOCs).
32		C. For carbon monoxide nonattainment areas (1)
33		that are classified as "serious", and (2) in which
34		stationary sources contribute significantly to
35		carbon monoxide levels as determined under rules
36		issued by USEPA, sources with the potential to emit

1		50 tons or more per year of carbon monoxide.
2		D. For particulate matter (PM-10)
3		nonattainment areas classified as "serious",
4		sources with the potential to emit 70 tons or more
5		per year of PM-10.
6		3. Agency Authority To Issue CAAPP Permits and Federally
7		Enforceable State Operating Permits.
8		a. The Agency shall issue CAAPP permits under this
9		Section consistent with the Clean Air Act and regulations
10		promulgated thereunder and this Act and regulations
11		promulgated thereunder.
12		b. The Agency shall issue CAAPP permits for fixed terms
13		of 5 years, except CAAPP permits issued for solid waste
14		incineration units combusting municipal waste which shall
15		be issued for fixed terms of 12 years and except CAAPP
16		permits for affected sources for acid deposition which
17		shall be issued for initial terms to expire on December 31,
18		1999, and for fixed terms of 5 years thereafter.
19		c. The Agency shall have the authority to issue a State
20		operating permit for a source under Section 39(a) of this
21		Act, as amended, and regulations promulgated thereunder,
22		which includes federally enforceable conditions limiting
23		the "potential to emit" of the source to a level below the
24		major source threshold for that source as described in
25		paragraph 2(c) of this Section, thereby excluding the
26		source from the CAAPP, when requested by the applicant
27		pursuant to paragraph 5(u) of this Section. The public
28		notice requirements of this Section applicable to CAAPP
29		permits shall also apply to the initial issuance of permits
30		under this paragraph.
31		d. For purposes of this Act, a permit issued by USEPA
32		under Section 505 of the Clean Air Act, as now and
33		hereafter amended, shall be deemed to be a permit issued by
34		the Agency pursuant to Section 39.5 of this Act.

1		4. Transition.
2		a. An owner or operator of a CAAPP source shall not be
3		required to renew an existing State operating permit for
4		any emission unit at such CAAPP source once a CAAPP
5		application timely submitted prior to expiration of the
6		State operating permit has been deemed complete. For
7		purposes other than permit renewal, the obligation upon the
8		owner or operator of a CAAPP source to obtain a State
9		operating permit is not removed upon submittal of the
10		complete CAAPP permit application. An owner or operator of
11		a CAAPP source seeking to make a modification to a source
12		prior to the issuance of its CAAPP permit shall be required
13		to obtain a construction and/or operating permit as
14		required for such modification in accordance with the State
15		permit program under Section 39(a) of this Act, as amended,
16		and regulations promulgated thereunder. The application
17		for such construction and/or operating permit shall be
18		considered an amendment to the CAAPP application submitted
19		for such source.
20		b. An owner or operator of a CAAPP source shall
21		continue to operate in accordance with the terms and
22		conditions of its applicable State operating permit
23		notwithstanding the expiration of the State operating
24		permit until the source's CAAPP permit has been issued.
25		c. An owner or operator of a CAAPP source shall submit
26		its initial CAAPP application to the Agency no later than
27		12 months after the effective date of the CAAPP. The Agency
28		may request submittal of initial CAAPP applications during
29		this 12 month period according to a schedule set forth
30		within Agency procedures, however, in no event shall the
31		Agency require such submittal earlier than 3 months after
32		such effective date of the CAAPP. An owner or operator may
33		voluntarily submit its initial CAAPP application prior to
34		the date required within this paragraph or applicable
35		procedures, if any, subsequent to the date the Agency
36		submits the CAAPP to USEPA for approval.

1		d. The Agency shall act on initial CAAPP applications
2		in accordance with subsection 5(j) of this Section.
3		e. For purposes of this Section, the term "initial
4		CAAPP application" shall mean the first CAAPP application
5		submitted for a source existing as of the effective date of
6		the CAAPP.
7		f. The Agency shall provide owners or operators of
8		CAAPP sources with at least three months advance notice of
9		the date on which their applications are required to be
10		submitted. In determining which sources shall be subject to
11		early submittal, the Agency shall include among its
12		considerations the complexity of the permit application,
13		and the burden that such early submittal will have on the
14		source.
15		g. The CAAPP permit shall upon becoming effective
16		supersede the State operating permit.
17		h. 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		5. Applications and Completeness.
22		a. An owner or operator of a CAAPP source shall submit
23		its complete CAAPP application consistent with the Act and
24		applicable regulations.
25		b. An owner or operator of a CAAPP source shall submit
26		a single complete CAAPP application covering all emission
27		units at that source.
28		c. To be deemed complete, a CAAPP application must
29		provide all information, as requested in Agency
30		application forms, sufficient to evaluate the subject
31		source and its application and to determine all applicable
32		requirements, pursuant to the Clean Air Act, and
33		regulations thereunder, this Act and regulations
34		thereunder. Such Agency application forms shall be
35		finalized and made available prior to the date on which any

1		CAAPP application is required.
2		d. An owner or operator of a CAAPP source shall submit,
3		as part of its complete CAAPP application, a compliance
4		plan, including a schedule of compliance, describing how
5		each emission unit will comply with all applicable
6		requirements. Any such schedule of compliance shall be
7		supplemental to, and shall not sanction noncompliance
8		with, the applicable requirements on which it is based.
9		e. Each submitted CAAPP application shall be certified
10		for truth, accuracy, and completeness by a responsible
11		official in accordance with applicable regulations.
12		f. The Agency shall provide notice to a CAAPP applicant
13		as to whether a submitted CAAPP application is complete.
14		Unless the Agency notifies the applicant of
15		incompleteness, within 60 days of receipt of the CAAPP
16		application, the application shall be deemed complete. The
17		Agency may request additional information as needed to make
18		the completeness determination. The Agency may to the
19		extent practicable provide the applicant with a reasonable
20		opportunity to correct deficiencies prior to a final
21		determination of completeness.
22		g. If after the determination of completeness the
23		Agency finds that additional information is necessary to
24		evaluate or take final action on the CAAPP application, the
25		Agency may request in writing such information from the
26		source with a reasonable deadline for response.
27		h. If the owner or operator of a CAAPP source submits a
28		timely and complete CAAPP application, the source's
29		failure to have a CAAPP permit shall not be a violation of
30		this Section until the Agency takes final action on the
31		submitted CAAPP application, provided, however, where the
32		applicant fails to submit the requested information under
33		paragraph 5(g) within the time frame specified by the
34		Agency, this protection shall cease to apply.
35		i. Any applicant who fails to submit any relevant facts
36		necessary to evaluate the subject source and its CAAPP

1		application or who has submitted incorrect information in a
2		CAAPP application shall, upon becoming aware of such
3		failure or incorrect submittal, submit supplementary facts
4		or correct information to the Agency. In addition, an
5		applicant shall provide to the Agency additional
6		information as necessary to address any requirements which
7		become applicable to the source subsequent to the date the
8		applicant submitted its complete CAAPP application but
9		prior to release of the draft CAAPP permit.
10		j. The Agency shall issue or deny the CAAPP permit
11		within 18 months after the date of receipt of the complete
12		CAAPP application, with the following exceptions: (i)
13		permits for affected sources for acid deposition shall be
14		issued or denied within 6 months after receipt of a
15		complete application in accordance with subsection 17 of
16		this Section; (ii) the Agency shall act on initial CAAPP
17		applications within 24 months after the date of receipt of
18		the complete CAAPP application; (iii) the Agency shall act
19		on complete applications containing early reduction
20		demonstrations under Section 112(i)(5) of the Clean Air Act
21		within 9 months of receipt of the complete CAAPP
22		application.
23		Where the Agency does not take final action on the
24		permit within the required time period, the permit shall
25		not be deemed issued; rather, the failure to act shall be
26		treated as a final permit action for purposes of judicial
27		review pursuant to Sections 40.2 and 41 of this Act.
28		k. The submittal of a complete CAAPP application shall
29		not affect the requirement that any source have a
30		preconstruction permit under Title I of the Clean Air Act.
31		l. Unless a timely and complete renewal application has
32		been submitted consistent with this subsection, a CAAPP
33		source operating upon the expiration of its CAAPP permit
34		shall be deemed to be operating without a CAAPP permit.
35		Such operation is prohibited under this Act.
36		m. Permits being renewed shall be subject to the same

1		procedural requirements, including those for public
2		participation and federal review and objection, that apply
3		to original permit issuance.
4		n. For purposes of permit renewal, a timely application
5		is one that is submitted no less than 9 months prior to the
6		date of permit expiration.
7		o. The terms and conditions of a CAAPP permit shall
8		remain in effect until the issuance of a CAAPP renewal
9		permit provided a timely and complete CAAPP application has
10		been submitted.
11		p. The owner or operator of a CAAPP source seeking a
12		permit shield pursuant to paragraph 7(j) of this Section
13		shall request such permit shield in the CAAPP application
14		regarding that source.
15		q. The Agency shall make available to the public all
16		documents submitted by the applicant to the Agency,
17		including each CAAPP application, compliance plan
18		(including the schedule of compliance), and emissions or
19		compliance monitoring report, with the exception of
20		information entitled to confidential treatment pursuant to
21		Section 7 of this Act.
22		r. The Agency shall use the standardized forms required
23		under Title IV of the Clean Air Act and regulations
24		promulgated thereunder for affected sources for acid
25		deposition.
26		s. An owner or operator of a CAAPP source may include
27		within its CAAPP application a request for permission to
28		operate during a startup, malfunction, or breakdown
29		consistent with applicable Board regulations.
30		t. An owner or operator of a CAAPP source, in order to
31		utilize the operational flexibility provided under
32		paragraph 7(l) of this Section, must request such use and
33		provide the necessary information within its CAAPP
34		application.
35		u. An owner or operator of a CAAPP source which seeks
36		exclusion from the CAAPP through the imposition of

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

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

1		limitations and standards and other enforceable terms and
2		conditions, including but not limited to operational
3		requirements, and schedules for achieving compliance at
4		the earliest reasonable date, which are or will be required
5		to accomplish the purposes and provisions of this Act and
6		to assure compliance with all applicable requirements.
7		b. The Agency shall include among such conditions
8		applicable monitoring, reporting, record keeping and
9		compliance certification requirements, as authorized by
10		paragraphs d, e, and f of this subsection, that the Agency
11		deems necessary to assure compliance with the Clean Air
12		Act, the regulations promulgated thereunder, this Act, and
13		applicable Board regulations. When monitoring, reporting,
14		record keeping, and compliance certification requirements
15		are specified within the Clean Air Act, regulations
16		promulgated thereunder, this Act, or applicable
17		regulations, such requirements shall be included within
18		the CAAPP permit. The Board shall have authority to
19		promulgate additional regulations where necessary to
20		accomplish the purposes of the Clean Air Act, this Act, and
21		regulations promulgated thereunder.
22		c. The Agency shall assure, within such conditions, the
23		use of terms, test methods, units, averaging periods, and
24		other statistical conventions consistent with the
25		applicable emission limitations, standards, and other
26		requirements contained in the permit.
27		d. To meet the requirements of this subsection with
28		respect to monitoring, the permit shall:
29		i. Incorporate and identify all applicable
30		emissions monitoring and analysis procedures or test
31		methods required under the Clean Air Act, regulations
32		promulgated thereunder, this Act, and applicable Board
33		regulations, including any procedures and methods
34		promulgated by USEPA pursuant to Section 504(b) or
35		Section 114 (a)(3) of the Clean Air Act.
36		ii. Where the applicable requirement does not

1		require periodic testing or instrumental or
2		noninstrumental monitoring (which may consist of
3		recordkeeping designed to serve as monitoring),
4		require periodic monitoring sufficient to yield
5		reliable data from the relevant time period that is
6		representative of the source's compliance with the
7		permit, as reported pursuant to paragraph (f) of this
8		subsection. The Agency may determine that
9		recordkeeping requirements are sufficient to meet the
10		requirements of this subparagraph.
11		iii. As necessary, specify requirements concerning
12		the use, maintenance, and when appropriate,
13		installation of monitoring equipment or methods.
14		e. To meet the requirements of this subsection with
15		respect to record keeping, the permit shall incorporate and
16		identify all applicable recordkeeping requirements and
17		require, where applicable, the following:
18		i. Records of required monitoring information that
19		include the following:
20		A. The date, place and time of sampling or
21		measurements.
22		B. The date(s) analyses were performed.
23		C. The company or entity that performed the
24		analyses.
25		D. The analytical techniques or methods used.
26		E. The results of such analyses.
27		F. The operating conditions as existing at the
28		time of sampling or measurement.
29		ii. Retention of records of all monitoring data
30		and support information for a period of at least 5
31		years from the date of the monitoring sample,
32		measurement, report, or application. Support
33		information includes all calibration and maintenance
34		records, original strip-chart recordings for
35		continuous monitoring instrumentation, and copies of
36		all reports required by the permit.

1		f. To meet the requirements of this subsection with
2		respect to reporting, the permit shall incorporate and
3		identify all applicable reporting requirements and require
4		the following:
5		i. Submittal of reports of any required monitoring
6		every 6 months. More frequent submittals may be
7		requested by the Agency if such submittals are
8		necessary to assure compliance with this Act or
9		regulations promulgated by the Board thereunder. All
10		instances of deviations from permit requirements must
11		be clearly identified in such reports. All required
12		reports must be certified by a responsible official
13		consistent with subsection 5 of this Section.
14		ii. Prompt reporting of deviations from permit
15		requirements, including those attributable to upset
16		conditions as defined in the permit, the probable cause
17		of such deviations, and any corrective actions or
18		preventive measures taken.
19		g. Each CAAPP permit issued under subsection 10 of this
20		Section shall include a condition prohibiting emissions
21		exceeding any allowances that the source lawfully holds
22		under Title IV of the Clean Air Act or the regulations
23		promulgated thereunder, consistent with subsection 17 of
24		this Section and applicable regulations, if any.
25		h. All CAAPP permits shall state that, where another
26		applicable requirement of the Clean Air Act is more
27		stringent than any applicable requirement of regulations
28		promulgated under Title IV of the Clean Air Act, both
29		provisions shall be incorporated into the permit and shall
30		be State and federally enforceable.
31		i. Each CAAPP permit issued under subsection 10 of this
32		Section shall include a severability clause to ensure the
33		continued validity of the various permit requirements in
34		the event of a challenge to any portions of the permit.
35		j. The following shall apply with respect to owners or
36		operators requesting a permit shield:

1		i. The Agency shall include in a CAAPP permit, when
2		requested by an applicant pursuant to paragraph 5(p) of
3		this Section, a provision stating that compliance with
4		the conditions of the permit shall be deemed compliance
5		with applicable requirements which are applicable as
6		of the date of release of the proposed permit, provided
7		that:
8		A. The applicable requirement is specifically
9		identified within the permit; or
10		B. The Agency in acting on the CAAPP
11		application or revision determines in writing that
12		other requirements specifically identified are not
13		applicable to the source, and the permit includes
14		that determination or a concise summary thereof.
15		ii. The permit shall identify the requirements for
16		which the source is shielded. The shield shall not
17		extend to applicable requirements which are
18		promulgated after the date of release of the proposed
19		permit unless the permit has been modified to reflect
20		such new requirements.
21		iii. A CAAPP permit which does not expressly
22		indicate the existence of a permit shield shall not
23		provide such a shield.
24		iv. Nothing in this paragraph or in a CAAPP permit
25		shall alter or affect the following:
26		A. The provisions of Section 303 (emergency
27		powers) of the Clean Air Act, including USEPA's
28		authority under that section.
29		B. The liability of an owner or operator of a
30		source for any violation of applicable
31		requirements prior to or at the time of permit
32		issuance.
33		C. The applicable requirements of the acid
34		rain program consistent with Section 408(a) of the
35		Clean Air Act.
36		D. The ability of USEPA to obtain information

1		from a source pursuant to Section 114
2		(inspections, monitoring, and entry) of the Clean
3		Air Act.
4		k. Each CAAPP permit shall include an emergency
5		provision providing an affirmative defense of emergency to
6		an action brought for noncompliance with technology-based
7		emission limitations under a CAAPP permit if the following
8		conditions are met through properly signed,
9		contemporaneous operating logs, or other relevant
10		evidence:
11		i. An emergency occurred and the permittee can
12		identify the cause(s) of the emergency.
13		ii. The permitted facility was at the time being
14		properly operated.
15		iii. The permittee submitted notice of the
16		emergency to the Agency within 2 working days of the
17		time when emission limitations were exceeded due to the
18		emergency. This notice must contain a detailed
19		description of the emergency, any steps taken to
20		mitigate emissions, and corrective actions taken.
21		iv. During the period of the emergency the
22		permittee took all reasonable steps to minimize levels
23		of emissions that exceeded the emission limitations,
24		standards, or requirements in the permit.
25		For purposes of this subsection, "emergency" means any
26		situation arising from sudden and reasonably unforeseeable
27		events beyond the control of the source, such as an act of
28		God, that requires immediate corrective action to restore
29		normal operation, and that causes the source to exceed a
30		technology-based emission limitation under the permit, due
31		to unavoidable increases in emissions attributable to the
32		emergency. An emergency shall not include noncompliance to
33		the extent caused by improperly designed equipment, lack of
34		preventative maintenance, careless or improper operation,
35		or operation error.
36		In any enforcement proceeding, the permittee seeking

1		to establish the occurrence of an emergency has the burden
2		of proof. This provision is in addition to any emergency or
3		upset provision contained in any applicable requirement.
4		This provision does not relieve a permittee of any
5		reporting obligations under existing federal or state laws
6		or regulations.
7		l. The Agency shall include in each permit issued under
8		subsection 10 of this Section:
9		i. Terms and conditions for reasonably anticipated
10		operating scenarios identified by the source in its
11		application. The permit terms and conditions for each
12		such operating scenario shall meet all applicable
13		requirements and the requirements of this Section.
14		A. Under this subparagraph, the source must
15		record in a log at the permitted facility a record
16		of the scenario under which it is operating
17		contemporaneously with making a change from one
18		operating scenario to another.
19		B. The permit shield described in paragraph
20		7(j) of this Section shall extend to all terms and
21		conditions under each such operating scenario.
22		ii. Where requested by an applicant, all terms and
23		conditions allowing for trading of emissions increases
24		and decreases between different emission units at the
25		CAAPP source, to the extent that the applicable
26		requirements provide for trading of such emissions
27		increases and decreases without a case-by-case
28		approval of each emissions trade. Such terms and
29		conditions:
30		A. Shall include all terms required under this
31		subsection to determine compliance;
32		B. Must meet all applicable requirements;
33		C. Shall extend the permit shield described in
34		paragraph 7(j) of this Section to all terms and
35		conditions that allow such increases and decreases
36		in emissions.

1		m. The Agency shall specifically designate as not being
2		federally enforceable under the Clean Air Act any terms and
3		conditions included in the permit that are not specifically
4		required under the Clean Air Act or federal regulations
5		promulgated thereunder. Terms or conditions so designated
6		shall be subject to all applicable state requirements,
7		except the requirements of subsection 7 (other than this
8		paragraph, paragraph q of subsection 7, subsections 8
9		through 11, and subsections 13 through 16 of this Section.
10		The Agency shall, however, include such terms and
11		conditions in the CAAPP permit issued to the source.
12		n. Each CAAPP permit issued under subsection 10 of this
13		Section shall specify and reference the origin of and
14		authority for each term or condition, and identify any
15		difference in form as compared to the applicable
16		requirement upon which the term or condition is based.
17		o. Each CAAPP permit issued under subsection 10 of this
18		Section shall include provisions stating the following:
19		i. Duty to comply. The permittee must comply with
20		all terms and conditions of the CAAPP permit. Any
21		permit noncompliance constitutes a violation of the
22		Clean Air Act and the Act, and is grounds for any or
23		all of the following: enforcement action; permit
24		termination, revocation and reissuance, or
25		modification; or denial of a permit renewal
26		application.
27		ii. Need to halt or reduce activity not a defense.
28		It shall not be a defense for a permittee in an
29		enforcement action that it would have been necessary to
30		halt or reduce the permitted activity in order to
31		maintain compliance with the conditions of this
32		permit.
33		iii. Permit actions. The permit may be modified,
34		revoked, reopened, and reissued, or terminated for
35		cause in accordance with the applicable subsections of
36		Section 39.5 of this Act. The filing of a request by

1		the permittee for a permit modification, revocation
2		and reissuance, or termination, or of a notification of
3		planned changes or anticipated noncompliance does not
4		stay any permit condition.
5		iv. Property rights. The permit does not convey any
6		property rights of any sort, or any exclusive
7		privilege.
8		v. Duty to provide information. The permittee
9		shall furnish to the Agency within a reasonable time
10		specified by the Agency any information that the Agency
11		may request in writing to determine whether cause
12		exists for modifying, revoking and reissuing, or
13		terminating the permit or to determine compliance with
14		the permit. Upon request, the permittee shall also
15		furnish to the Agency copies of records required to be
16		kept by the permit or, for information claimed to be
17		confidential, the permittee may furnish such records
18		directly to USEPA along with a claim of
19		confidentiality.
20		vi. Duty to pay fees. The permittee must pay fees
21		to the Agency consistent with the fee schedule approved
22		pursuant to subsection 18 of this Section, and submit
23		any information relevant thereto.
24		vii. Emissions trading. No permit revision shall
25		be required for increases in emissions allowed under
26		any approved economic incentives, marketable permits,
27		emissions trading, and other similar programs or
28		processes for changes that are provided for in the
29		permit and that are authorized by the applicable
30		requirement.
31		p. Each CAAPP permit issued under subsection 10 of this
32		Section shall contain the following elements with respect
33		to compliance:
34		i. Compliance certification, testing, monitoring,
35		reporting, and record keeping requirements sufficient
36		to assure compliance with the terms and conditions of

1		the permit. Any document (including reports) required
2		by a CAAPP permit shall contain a certification by a
3		responsible official that meets the requirements of
4		subsection 5 of this Section and applicable
5		regulations.
6		ii. Inspection and entry requirements that
7		necessitate that, upon presentation of credentials and
8		other documents as may be required by law and in
9		accordance with constitutional limitations, the
10		permittee shall allow the Agency, or an authorized
11		representative to perform the following:
12		A. Enter upon the permittee's premises where a
13		CAAPP source is located or emissions-related
14		activity is conducted, or where records must be
15		kept under the conditions of the permit.
16		B. Have access to and copy, at reasonable
17		times, any records that must be kept under the
18		conditions of the permit.
19		C. Inspect at reasonable times any facilities,
20		equipment (including monitoring and air pollution
21		control equipment), practices, or operations
22		regulated or required under the permit.
23		D. Sample or monitor any substances or
24		parameters at any location:
25		1. As authorized by the Clean Air Act, at
26		reasonable times, for the purposes of assuring
27		compliance with the CAAPP permit or applicable
28		requirements; or
29		2. As otherwise authorized by this Act.
30		iii. A schedule of compliance consistent with
31		subsection 5 of this Section and applicable
32		regulations.
33		iv. Progress reports consistent with an applicable
34		schedule of compliance pursuant to paragraph 5(d) of
35		this Section and applicable regulations to be
36		submitted semiannually, or more frequently if the

1		Agency determines that such more frequent submittals
2		are necessary for compliance with the Act or
3		regulations promulgated by the Board thereunder. Such
4		progress reports shall contain the following:
5		A. Required dates for achieving the
6		activities, milestones, or compliance required by
7		the schedule of compliance and dates when such
8		activities, milestones or compliance were
9		achieved.
10		B. An explanation of why any dates in the
11		schedule of compliance were not or will not be met,
12		and any preventive or corrective measures adopted.
13		v. Requirements for compliance certification with
14		terms and conditions contained in the permit,
15		including emission limitations, standards, or work
16		practices. Permits shall include each of the
17		following:
18		A. The frequency (annually or more frequently
19		as specified in any applicable requirement or by
20		the Agency pursuant to written procedures) of
21		submissions of compliance certifications.
22		B. A means for assessing or monitoring the
23		compliance of the source with its emissions
24		limitations, standards, and work practices.
25		C. A requirement that the compliance
26		certification include the following:
27		1. The identification of each term or
28		condition contained in the permit that is the
29		basis of the certification.
30		2. The compliance status.
31		3. Whether compliance was continuous or
32		intermittent.
33		4. The method(s) used for determining the
34		compliance status of the source, both
35		currently and over the reporting period
36		consistent with subsection 7 of Section 39.5 of

1		the Act.
2		D. A requirement that all compliance
3		certifications be submitted to USEPA as well as to
4		the Agency.
5		E. Additional requirements as may be specified
6		pursuant to Sections 114(a)(3) and 504(b) of the
7		Clean Air Act.
8		F. Other provisions as the Agency may require.
9		q. If the owner or operator of CAAPP source can
10		demonstrate in its CAAPP application, including an
11		application for a significant modification, that an
12		alternative emission limit would be equivalent to that
13		contained in the applicable Board regulations, the Agency
14		shall include the alternative emission limit in the CAAPP
15		permit, which shall supersede the emission limit set forth
16		in the applicable Board regulations, and shall include
17		conditions that insure that the resulting emission limit is
18		quantifiable, accountable, enforceable, and based on
19		replicable procedures.
20		8. Public Notice; Affected State Review.
21		a. The Agency shall provide notice to the public,
22		including an opportunity for public comment and a hearing,
23		on each draft CAAPP permit for issuance, renewal or
24		significant modification, subject to Sections 7(a) and 7.1
25		of this Act.
26		b. The Agency shall prepare a draft CAAPP permit and a
27		statement that sets forth the legal and factual basis for
28		the draft CAAPP permit conditions, including references to
29		the applicable statutory or regulatory provisions. The
30		Agency shall provide this statement to any person who
31		requests it.
32		c. The Agency shall give notice of each draft CAAPP
33		permit to the applicant and to any affected State on or
34		before the time that the Agency has provided notice to the
35		public, except as otherwise provided in this Act.
36		d. The Agency, as part of its submittal of a proposed

1		permit to USEPA (or as soon as possible after the submittal
2		for minor permit modification procedures allowed under
3		subsection 14 of this Section), shall notify USEPA and any
4		affected State in writing of any refusal of the Agency to
5		accept all of the recommendations for the proposed permit
6		that an affected State submitted during the public or
7		affected State review period. The notice shall include the
8		Agency's reasons for not accepting the recommendations.
9		The Agency is not required to accept recommendations that
10		are not based on applicable requirements or the
11		requirements of this Section.
12		e. The Agency shall make available to the public any
13		CAAPP permit application, compliance plan (including the
14		schedule of compliance), CAAPP permit, and emissions or
15		compliance monitoring report. If an owner or operator of a
16		CAAPP source is required to submit information entitled to
17		protection from disclosure under Section 7(a) or Section
18		7.1 of this Act, the owner or operator shall submit such
19		information separately. The requirements of Section 7(a)
20		or Section 7.1 of this Act shall apply to such information,
21		which shall not be included in a CAAPP permit unless
22		required by law. The contents of a CAAPP permit shall not
23		be entitled to protection under Section 7(a) or Section 7.1
24		of this Act.
25		f. The Agency shall have the authority to adopt
26		procedural rules, in accordance with the Illinois
27		Administrative Procedure Act, as the Agency deems
28		necessary, to implement this subsection.
29		9. USEPA Notice and Objection.
30		a. The Agency shall provide to USEPA for its review a
31		copy of each CAAPP application (including any application
32		for permit modification), statement of basis as provided in
33		paragraph 8(b) of this Section, proposed CAAPP permit,
34		CAAPP permit, and, if the Agency does not incorporate any
35		affected State's recommendations on a proposed CAAPP

1		permit, a written statement of this decision and its
2		reasons for not accepting the recommendations, except as
3		otherwise provided in this Act or by agreement with USEPA.
4		To the extent practicable, the preceding information shall
5		be provided in computer readable format compatible with
6		USEPA's national database management system.
7		b. The Agency shall not issue the proposed CAAPP permit
8		if USEPA objects in writing within 45 days of receipt of
9		the proposed CAAPP permit and all necessary supporting
10		information.
11		c. If USEPA objects in writing to the issuance of the
12		proposed CAAPP permit within the 45-day period, the Agency
13		shall respond in writing and may revise and resubmit the
14		proposed CAAPP permit in response to the stated objection,
15		to the extent supported by the record, within 90 days after
16		the date of the objection. Prior to submitting a revised
17		permit to USEPA, the Agency shall provide the applicant and
18		any person who participated in the public comment process,
19		pursuant to subsection 8 of this Section, with a 10-day
20		period to comment on any revision which the Agency is
21		proposing to make to the permit in response to USEPA's
22		objection in accordance with Agency procedures.
23		d. Any USEPA objection under this subsection,
24		according to the Clean Air Act, will include a statement of
25		reasons for the objection and a description of the terms
26		and conditions that must be in the permit, in order to
27		adequately respond to the objections. Grounds for a USEPA
28		objection include the failure of the Agency to: (1) submit
29		the items and notices required under this subsection; (2)
30		submit any other information necessary to adequately
31		review the proposed CAAPP permit; or (3) process the permit
32		under subsection 8 of this Section except for minor permit
33		modifications.
34		e. If USEPA does not object in writing to issuance of a
35		permit under this subsection, any person may petition USEPA
36		within 60 days after expiration of the 45-day review period

1		to make such objection.
2		f. If the permit has not yet been issued and USEPA
3		objects to the permit as a result of a petition, the Agency
4		shall not issue the permit until USEPA's objection has been
5		resolved. The Agency shall provide a 10-day comment period
6		in accordance with paragraph c of this subsection. A
7		petition does not, however, stay the effectiveness of a
8		permit or its requirements if the permit was issued after
9		expiration of the 45-day review period and prior to a USEPA
10		objection.
11		g. If the Agency has issued a permit after expiration
12		of the 45-day review period and prior to receipt of a USEPA
13		objection under this subsection in response to a petition
14		submitted pursuant to paragraph e of this subsection, the
15		Agency may, upon receipt of an objection from USEPA, revise
16		and resubmit the permit to USEPA pursuant to this
17		subsection after providing a 10-day comment period in
18		accordance with paragraph c of this subsection. If the
19		Agency fails to submit a revised permit in response to the
20		objection, USEPA shall modify, terminate or revoke the
21		permit. In any case, the source will not be in violation of
22		the requirement to have submitted a timely and complete
23		application.
24		h. The Agency shall have the authority to adopt
25		procedural rules, in accordance with the Illinois
26		Administrative Procedure Act, as the Agency deems
27		necessary, to implement this subsection.
28		10. Final Agency Action.
29		a. The Agency shall issue a CAAPP permit, permit
30		modification, or permit renewal if all of the following
31		conditions are met:
32		i. The applicant has submitted a complete and
33		certified application for a permit, permit
34		modification, or permit renewal consistent with
35		subsections 5 and 14 of this Section, as applicable,

1		and applicable regulations.
2		ii. The applicant has submitted with its complete
3		application an approvable compliance plan, including a
4		schedule for achieving compliance, consistent with
5		subsection 5 of this Section and applicable
6		regulations.
7		iii. The applicant has timely paid the fees
8		required pursuant to subsection 18 of this Section and
9		applicable regulations.
10		iv. The Agency has received a complete CAAPP
11		application and, if necessary, has requested and
12		received additional information from the applicant
13		consistent with subsection 5 of this Section and
14		applicable regulations.
15		v. The Agency has complied with all applicable
16		provisions regarding public notice and affected State
17		review consistent with subsection 8 of this Section and
18		applicable regulations.
19		vi. The Agency has provided a copy of each CAAPP
20		application, or summary thereof, pursuant to agreement
21		with USEPA and proposed CAAPP permit required under
22		subsection 9 of this Section to USEPA, and USEPA has
23		not objected to the issuance of the permit in
24		accordance with the Clean Air Act and 40 CFR Part 70.
25		b. The Agency shall have the authority to deny a CAAPP
26		permit, permit modification, or permit renewal if the
27		applicant has not complied with the requirements of
28		paragraphs (a)(i)-(a)(iv) of this subsection or if USEPA
29		objects to its issuance.
30		c. i. Prior to denial of a CAAPP permit, permit
31		modification, or permit renewal under this Section,
32		the Agency shall notify the applicant of the possible
33		denial and the reasons for the denial.
34		ii. Within such notice, the Agency shall specify an
35		appropriate date by which the applicant shall
36		adequately respond to the Agency's notice. Such date

1		shall not exceed 15 days from the date the notification
2		is received by the applicant. The Agency may grant a
3		reasonable extension for good cause shown.
4		iii. Failure by the applicant to adequately
5		respond by the date specified in the notification or by
6		any granted extension date shall be grounds for denial
7		of the permit.
8		For purposes of obtaining judicial review under
9		Sections 40.2 and 41 of this Act, the Agency shall
10		provide to USEPA and each applicant, and, upon request,
11		to affected States, any person who participated in the
12		public comment process, and any other person who could
13		obtain judicial review under Sections 40.2 and 41 of
14		this Act, a copy of each CAAPP permit or notification
15		of denial pertaining to that party.
16		d. The Agency shall have the authority to adopt
17		procedural rules, in accordance with the Illinois
18		Administrative Procedure Act, as the Agency deems
19		necessary, to implement this subsection.
20		11. General Permits.
21		a. The Agency may issue a general permit covering
22		numerous similar sources, except for affected sources for
23		acid deposition unless otherwise provided in regulations
24		promulgated under Title IV of the Clean Air Act.
25		b. The Agency shall identify, in any general permit,
26		criteria by which sources may qualify for the general
27		permit.
28		c. CAAPP sources that would qualify for a general
29		permit must apply for coverage under the terms of the
30		general permit or must apply for a CAAPP permit consistent
31		with subsection 5 of this Section and applicable
32		regulations.
33		d. The Agency shall comply with the public comment and
34		hearing provisions of this Section as well as the USEPA and
35		affected State review procedures prior to issuance of a

1		general permit.
2		e. When granting a subsequent request by a qualifying
3		CAAPP source for coverage under the terms of a general
4		permit, the Agency shall not be required to repeat the
5		public notice and comment procedures. The granting of such
6		request shall not be considered a final permit action for
7		purposes of judicial review.
8		f. The Agency may not issue a general permit to cover
9		any discrete emission unit at a CAAPP source if another
10		CAAPP permit covers emission units at the source.
11		g. 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		12. Operational Flexibility.
16		a. An owner or operator of a CAAPP source may make
17		changes at the CAAPP source without requiring a prior
18		permit revision, consistent with subparagraphs (a) (i)
19		through (a) (iii) of this subsection, so long as the
20		changes are not modifications under any provision of Title
21		I of the Clean Air Act and they do not exceed the emissions
22		allowable under the permit (whether expressed therein as a
23		rate of emissions or in terms of total emissions), provided
24		that the owner or operator of the CAAPP source provides
25		USEPA and the Agency with written notification as required
26		below in advance of the proposed changes, which shall be a
27		minimum of 7 days, unless otherwise provided by the Agency
28		in applicable regulations regarding emergencies. The owner
29		or operator of a CAAPP source and the Agency shall each
30		attach such notice to their copy of the relevant permit.
31		i. An owner or operator of a CAAPP source may make
32		Section 502 (b) (10) changes without a permit revision,
33		if the changes are not modifications under any
34		provision of Title I of the Clean Air Act and the
35		changes do not exceed the emissions allowable under the

1		permit (whether expressed therein as a rate of
2		emissions or in terms of total emissions).
3		A. For each such change, the written
4		notification required above shall include a brief
5		description of the change within the source, the
6		date on which the change will occur, any change in
7		emissions, and any permit term or condition that is
8		no longer applicable as a result of the change.
9		B. The permit shield described in paragraph
10		7(j) of this Section shall not apply to any change
11		made pursuant to this subparagraph.
12		ii. An owner or operator of a CAAPP source may
13		trade increases and decreases in emissions in the CAAPP
14		source, where the applicable implementation plan
15		provides for such emission trades without requiring a
16		permit revision. This provision is available in those
17		cases where the permit does not already provide for
18		such emissions trading.
19		A. Under this subparagraph (a)(ii), the
20		written notification required above shall include
21		such information as may be required by the
22		provision in the applicable implementation plan
23		authorizing the emissions trade, including at a
24		minimum, when the proposed changes will occur, a
25		description of each such change, any change in
26		emissions, the permit requirements with which the
27		source will comply using the emissions trading
28		provisions of the applicable implementation plan,
29		and the pollutants emitted subject to the
30		emissions trade. The notice shall also refer to the
31		provisions in the applicable implementation plan
32		with which the source will comply and provide for
33		the emissions trade.
34		B. The permit shield described in paragraph
35		7(j) of this Section shall not apply to any change
36		made pursuant to this subparagraph (a) (ii).

1		Compliance with the permit requirements that the
2		source will meet using the emissions trade shall be
3		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 of
12		complying with a federally-enforceable emissions cap
13		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 (a)(iii), the
21		written notification required above shall state
22		when the change will occur and shall describe the
23		changes in emissions that will result and how these
24		increases and decreases in emissions will comply
25		with the terms and conditions of the permit.
26		B. The permit shield described in paragraph
27		7(j) of this Section shall extend to terms and
28		conditions that allow such increases and decreases
29		in emissions.
30		b. An owner or operator of a CAAPP source may make
31		changes that are not addressed or prohibited by the permit,
32		other than those which are subject to any requirements
33		under Title IV of the Clean Air Act or are modifications
34		under any provisions of Title I of the Clean Air Act,
35		without a permit revision, in accordance with the following
36		requirements:

1		(i) Each such change shall meet all applicable
2		requirements and shall not violate any existing permit
3		term or condition;
4		(ii) Sources must provide contemporaneous written
5		notice to the Agency and USEPA of each such change,
6		except for changes that qualify as insignificant under
7		provisions adopted by the Agency or the Board. Such
8		written notice shall describe each such change,
9		including the date, any change in emissions,
10		pollutants emitted, and any applicable requirement
11		that would apply as a result of the change;
12		(iii) The change shall not qualify for the shield
13		described in paragraph 7(j) of this Section; and
14		(iv) The permittee shall keep a record describing
15		changes made at the source that result in emissions of
16		a regulated air pollutant subject to an applicable
17		Clean Air Act requirement, but not otherwise regulated
18		under the permit, and the emissions resulting from
19		those changes.
20		c. 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		13. Administrative Permit Amendments.
25		a. The Agency shall take final action on a request for
26		an administrative permit amendment within 60 days of
27		receipt of the request. Neither notice nor an opportunity
28		for public and affected State comment shall be required for
29		the Agency to incorporate such revisions, provided it
30		designates the permit revisions as having been made
31		pursuant to this subsection.
32		b. The Agency shall submit a copy of the revised permit
33		to USEPA.
34		c. For purposes of this Section the term
35		"administrative permit amendment" shall be defined as a

1		permit revision that can accomplish one or more of the
2		changes described below:
3		i. Corrects typographical errors;
4		ii. Identifies a change in the name, address, or
5		phone number of any person identified in the permit, or
6		provides a similar minor administrative change at the
7		source;
8		iii. Requires more frequent monitoring or
9		reporting by the permittee;
10		iv. Allows for a change in ownership or operational
11		control of a source where the Agency determines that no
12		other change in the permit is necessary, provided that
13		a written agreement containing a specific date for
14		transfer of permit responsibility, coverage, and
15		liability between the current and new permittees has
16		been submitted to the Agency;
17		v. Incorporates into the CAAPP permit the
18		requirements from preconstruction review permits
19		authorized under a USEPA-approved program, provided
20		the program meets procedural and compliance
21		requirements substantially equivalent to those
22		contained in this Section;
23		vi. (Blank); or
24		vii. Any other type of change which USEPA has
25		determined as part of the approved CAAPP permit program
26		to be similar to those included in this subsection.
27		d. The Agency shall, upon taking final action granting
28		a request for an administrative permit amendment, allow
29		coverage by the permit shield in paragraph 7(j) of this
30		Section for administrative permit amendments made pursuant
31		to subparagraph (c)(v) of this subsection which meet the
32		relevant requirements for significant permit
33		modifications.
34		e. Permit revisions and modifications, including
35		administrative amendments and automatic amendments
36		(pursuant to Sections 408(b) and 403(d) of the Clean Air

1		Act or regulations promulgated thereunder), for purposes
2		of the acid rain portion of the permit shall be governed by
3		the regulations promulgated under Title IV of the Clean Air
4		Act. Owners or operators of affected sources for acid
5		deposition shall have the flexibility to amend their
6		compliance plans as provided in the regulations
7		promulgated under Title IV of the Clean Air Act.
8		f. The CAAPP source may implement the changes addressed
9		in the request for an administrative permit amendment
10		immediately upon submittal of the request.
11		g. 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		14. Permit Modifications.
16		a. Minor permit modification procedures.
17		i. The Agency shall review a permit modification
18		using the "minor permit" modification procedures only
19		for those permit modifications that:
20		A. Do not violate any applicable requirement;
21		B. Do not involve significant changes to
22		existing monitoring, reporting, or recordkeeping
23		requirements in the permit;
24		C. Do not require a case-by-case determination
25		of an emission limitation or other standard, or a
26		source-specific determination of ambient impacts,
27		or a visibility or increment analysis;
28		D. Do not seek to establish or change a permit
29		term or condition for which there is no
30		corresponding underlying requirement and which
31		avoids an applicable requirement to which the
32		source would otherwise be subject. Such terms and
33		conditions include:
34		1. A federally enforceable emissions cap
35		assumed to avoid classification as a

1		modification under any provision of Title I of
2		the Clean Air Act; and
3		2. An alternative emissions limit approved
4		pursuant to regulations promulgated under
5		Section 112(i)(5) of the Clean Air Act;
6		E. Are not modifications under any provision
7		of Title I of the Clean Air Act; and
8		F. Are not required to be processed as a
9		significant modification.
10		ii. Notwithstanding subparagraphs (a)(i) and
11		(b)(ii) of this subsection, minor permit modification
12		procedures may be used for permit modifications
13		involving the use of economic incentives, marketable
14		permits, emissions trading, and other similar
15		approaches, to the extent that such minor permit
16		modification procedures are explicitly provided for in
17		an applicable implementation plan or in applicable
18		requirements promulgated by USEPA.
19		iii. An applicant requesting the use of minor
20		permit modification procedures shall meet the
21		requirements of subsection 5 of this Section and shall
22		include the following in its application:
23		A. A description of the change, the emissions
24		resulting from the change, and any new applicable
25		requirements that will apply if the change occurs;
26		B. The source's suggested draft permit;
27		C. Certification by a responsible official,
28		consistent with paragraph 5(e) of this Section and
29		applicable regulations, that the proposed
30		modification meets the criteria for use of minor
31		permit modification procedures and a request that
32		such procedures be used; and
33		D. Completed forms for the Agency to use to
34		notify USEPA and affected States as required under
35		subsections 8 and 9 of this Section.
36		iv. Within 5 working days of receipt of a complete

1		permit modification application, the Agency shall
2		notify USEPA and affected States of the requested
3		permit modification in accordance with subsections 8
4		and 9 of this Section. The Agency promptly shall send
5		any notice required under paragraph 8(d) of this
6		Section to USEPA.
7		v. The Agency may not issue a final permit
8		modification until after the 45-day review period for
9		USEPA or until USEPA has notified the Agency that USEPA
10		will not object to the issuance of the permit
11		modification, whichever comes first, although the
12		Agency can approve the permit modification prior to
13		that time. Within 90 days of the Agency's receipt of an
14		application under the minor permit modification
15		procedures or 15 days after the end of USEPA's 45-day
16		review period under subsection 9 of this Section,
17		whichever is later, the Agency shall:
18		A. Issue the permit modification as proposed;
19		B. Deny the permit modification application;
20		C. Determine that the requested modification
21		does not meet the minor permit modification
22		criteria and should be reviewed under the
23		significant modification procedures; or
24		D. Revise the draft permit modification and
25		transmit to USEPA the new proposed permit
26		modification as required by subsection 9 of this
27		Section.
28		vi. Any CAAPP source may make the change proposed
29		in its minor permit modification application
30		immediately after it files such application. After the
31		CAAPP source makes the change allowed by the preceding
32		sentence, and until the Agency takes any of the actions
33		specified in subparagraphs (a)(v)(A) through (a)(v)(C)
34		of this subsection, the source must comply with both
35		the applicable requirements governing the change and
36		the proposed permit terms and conditions. During this

1		time period, the source need not comply with the
2		existing permit terms and conditions it seeks to
3		modify. If the source fails to comply with its proposed
4		permit terms and conditions during this time period,
5		the existing permit terms and conditions which it seeks
6		to modify may be enforced against it.
7		vii. The permit shield under subparagraph 7(j) of
8		this Section may not extend to minor permit
9		modifications.
10		viii. If a construction permit is required,
11		pursuant to Section 39(a) of this Act and regulations
12		thereunder, for a change for which the minor permit
13		modification procedures are applicable, the source may
14		request that the processing of the construction permit
15		application be consolidated with the processing of the
16		application for the minor permit modification. In such
17		cases, the provisions of this Section, including those
18		within subsections 5, 8, and 9, shall apply and the
19		Agency shall act on such applications pursuant to
20		subparagraph 14(a)(v). The source may make the
21		proposed change immediately after filing its
22		application for the minor permit modification. Nothing
23		in this subparagraph shall otherwise affect the
24		requirements and procedures applicable to construction
25		permits.
26		b. Group Processing of Minor Permit Modifications.
27		i. Where requested by an applicant within its
28		application, the Agency shall process groups of a
29		source's applications for certain modifications
30		eligible for minor permit modification processing in
31		accordance with the provisions of this paragraph (b).
32		ii. Permit modifications may be processed in
33		accordance with the procedures for group processing,
34		for those modifications:
35		A. Which meet the criteria for minor permit
36		modification procedures under subparagraph

1		14(a)(i) of this Section; and
2		B. That collectively are below 10 percent of
3		the emissions allowed by the permit for the
4		emissions unit for which change is requested, 20
5		percent of the applicable definition of major
6		source set forth in subsection 2 of this Section,
7		or 5 tons per year, whichever is least.
8		iii. An applicant requesting the use of group
9		processing procedures shall meet the requirements of
10		subsection 5 of this Section and shall include the
11		following in its application:
12		A. A description of the change, the emissions
13		resulting from the change, and any new applicable
14		requirements that will apply if the change occurs.
15		B. The source's suggested draft permit.
16		C. Certification by a responsible official
17		consistent with paragraph 5(e) of this Section,
18		that the proposed modification meets the criteria
19		for use of group processing procedures and a
20		request that such procedures be used.
21		D. A list of the source's other pending
22		applications awaiting group processing, and a
23		determination of whether the requested
24		modification, aggregated with these other
25		applications, equals or exceeds the threshold set
26		under subparagraph (b)(ii)(B) of this subsection.
27		E. Certification, consistent with paragraph
28		5(e), that the source has notified USEPA of the
29		proposed modification. Such notification need only
30		contain a brief description of the requested
31		modification.
32		F. Completed forms for the Agency to use to
33		notify USEPA and affected states as required under
34		subsections 8 and 9 of this Section.
35		iv. On a quarterly basis or within 5 business days
36		of receipt of an application demonstrating that the

1		aggregate of a source's pending applications equals or
2		exceeds the threshold level set forth within
3		subparagraph (b)(ii)(B) of this subsection, whichever
4		is earlier, the Agency shall promptly notify USEPA and
5		affected States of the requested permit modifications
6		in accordance with subsections 8 and 9 of this Section.
7		The Agency shall send any notice required under
8		paragraph 8(d) of this Section to USEPA.
9		v. The provisions of subparagraph (a)(v) of this
10		subsection shall apply to modifications eligible for
11		group processing, except that the Agency shall take one
12		of the actions specified in subparagraphs (a)(v)(A)
13		through (a)(v)(D) of this subsection within 180 days of
14		receipt of the application or 15 days after the end of
15		USEPA's 45-day review period under subsection 9 of this
16		Section, whichever is later.
17		vi. The provisions of subparagraph (a)(vi) of this
18		subsection shall apply to modifications for group
19		processing.
20		vii. The provisions of paragraph 7(j) of this
21		Section shall not apply to modifications eligible for
22		group processing.
23		c. Significant Permit Modifications.
24		i. Significant modification procedures shall be
25		used for applications requesting significant permit
26		modifications and for those applications that do not
27		qualify as either minor permit modifications or as
28		administrative permit amendments.
29		ii. Every significant change in existing
30		monitoring permit terms or conditions and every
31		relaxation of reporting or recordkeeping requirements
32		shall be considered significant. A modification shall
33		also be considered significant if in the judgment of
34		the Agency action on an application for modification
35		would require decisions to be made on technically
36		complex issues. Nothing herein shall be construed to

1		preclude the permittee from making changes consistent
2		with this Section that would render existing permit
3		compliance terms and conditions irrelevant.
4		iii. Significant permit modifications must meet
5		all the requirements of this Section, including those
6		for applications (including completeness review),
7		public participation, review by affected States, and
8		review by USEPA applicable to initial permit issuance
9		and permit renewal. The Agency shall take final action
10		on significant permit modifications within 9 months
11		after receipt of a complete application.
12		d. 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		15. Reopenings for Cause by the Agency.
17		a. Each issued CAAPP permit shall include provisions
18		specifying the conditions under which the permit will be
19		reopened prior to the expiration of the permit. Such
20		revisions shall be made as expeditiously as practicable. A
21		CAAPP permit shall be reopened and revised under any of the
22		following circumstances, in accordance with procedures
23		adopted by the Agency:
24		i. Additional requirements under the Clean Air Act
25		become applicable to a major CAAPP source for which 3
26		or more years remain on the original term of the
27		permit. Such a reopening shall be completed not later
28		than 18 months after the promulgation of the applicable
29		requirement. No such revision is required if the
30		effective date of the requirement is later than the
31		date on which the permit is due to expire.
32		ii. Additional requirements (including excess
33		emissions requirements) become applicable to an
34		affected source for acid deposition under the acid rain
35		program. Excess emissions offset plans shall be deemed

1		to be incorporated into the permit upon approval by
2		USEPA.
3		iii. The Agency or USEPA determines that the permit
4		contains a material mistake or that inaccurate
5		statements were made in establishing the emissions
6		standards, limitations, or other terms or conditions
7		of the permit.
8		iv. The Agency or USEPA determines that the permit
9		must be revised or revoked to assure compliance with
10		the applicable requirements.
11		b. In the event that the Agency determines that there
12		are grounds for revoking a CAAPP permit, for cause,
13		consistent with paragraph a of this subsection, it shall
14		file a petition before the Board setting forth the basis
15		for such revocation. In any such proceeding, the Agency
16		shall have the burden of establishing that the permit
17		should be revoked under the standards set forth in this Act
18		and the Clean Air Act. Any such proceeding shall be
19		conducted pursuant to the Board's procedures for
20		adjudicatory hearings and the Board shall render its
21		decision within 120 days of the filing of the petition. The
22		Agency shall take final action to revoke and reissue a
23		CAAPP permit consistent with the Board's order.
24		c. Proceedings regarding a reopened CAAPP permit shall
25		follow the same procedures as apply to initial permit
26		issuance and shall affect only those parts of the permit
27		for which cause to reopen exists.
28		d. Reopenings under paragraph (a) of this subsection
29		shall not be initiated before a notice of such intent is
30		provided to the CAAPP source by the Agency at least 30 days
31		in advance of the date that the permit is to be reopened,
32		except that the Agency may provide a shorter time period in
33		the case of an emergency.
34		e. The Agency shall have the authority to adopt
35		procedural rules, in accordance with the Illinois
36		Administrative Procedure Act, as the Agency deems

1		necessary, to implement this subsection.
2		16. Reopenings for Cause by USEPA.
3		a. When USEPA finds that cause exists to terminate,
4		modify, or revoke and reissue a CAAPP permit pursuant to
5		subsection 15 of this Section, and thereafter notifies the
6		Agency and the permittee of such finding in writing, the
7		Agency shall forward to USEPA and the permittee a proposed
8		determination of termination, modification, or revocation
9		and reissuance as appropriate, in accordance with
10		paragraph b of this subsection. The Agency's proposed
11		determination shall be in accordance with the record, the
12		Clean Air Act, regulations promulgated thereunder, this
13		Act and regulations promulgated thereunder. Such proposed
14		determination shall not affect the permit or constitute a
15		final permit action for purposes of this Act or the
16		Administrative Review Law. The Agency shall forward to
17		USEPA such proposed determination within 90 days after
18		receipt of the notification from USEPA. If additional time
19		is necessary to submit the proposed determination, the
20		Agency shall request a 90-day extension from USEPA and
21		shall submit the proposed determination within 180 days of
22		receipt of notification from USEPA.
23		b. i. Prior to the Agency's submittal to USEPA of a
24		proposed determination to terminate or revoke and
25		reissue the permit, the Agency shall file a petition
26		before the Board setting forth USEPA's objection, the
27		permit record, the Agency's proposed determination,
28		and the justification for its proposed determination.
29		The Board shall conduct a hearing pursuant to the rules
30		prescribed by Section 32 of this Act, and the burden of
31		proof shall be on the Agency.
32		ii. After due consideration of the written and oral
33		statements, the testimony and arguments that shall be
34		submitted at hearing, the Board shall issue and enter
35		an interim order for the proposed determination, which

1		shall set forth all changes, if any, required in the
2		Agency's proposed determination. The interim order
3		shall comply with the requirements for final orders as
4		set forth in Section 33 of this Act. Issuance of an
5		interim order by the Board under this paragraph,
6		however, shall not affect the permit status and does
7		not constitute a final action for purposes of this Act
8		or the Administrative Review Law.
9		iii. The Board shall cause a copy of its interim
10		order to be served upon all parties to the proceeding
11		as well as upon USEPA. The Agency shall submit the
12		proposed determination to USEPA in accordance with the
13		Board's Interim Order within 180 days after receipt of
14		the notification from USEPA.
15		c. USEPA shall review the proposed determination to
16		terminate, modify, or revoke and reissue the permit within
17		90 days of receipt.
18		i. When USEPA reviews the proposed determination
19		to terminate or revoke and reissue and does not object,
20		the Board shall, within 7 days of receipt of USEPA's
21		final approval, enter the interim order as a final
22		order. The final order may be appealed as provided by
23		Title XI of this Act. The Agency shall take final
24		action in accordance with the Board's final order.
25		ii. When USEPA reviews such proposed determination
26		to terminate or revoke and reissue and objects, the
27		Agency shall submit USEPA's objection and the Agency's
28		comments and recommendation on the objection to the
29		Board and permittee. The Board shall review its interim
30		order in response to USEPA's objection and the Agency's
31		comments and recommendation and issue a final order in
32		accordance with Sections 32 and 33 of this Act. The
33		Agency shall, within 90 days after receipt of such
34		objection, respond to USEPA's objection in accordance
35		with the Board's final order.
36		iii. When USEPA reviews such proposed

1		determination to modify and objects, the Agency shall,
2		within 90 days after receipt of the objection, resolve
3		the objection and modify the permit in accordance with
4		USEPA's objection, based upon the record, the Clean Air
5		Act, regulations promulgated thereunder, this Act, and
6		regulations promulgated thereunder.
7		d. If the Agency fails to submit the proposed
8		determination pursuant to paragraph a of this subsection or
9		fails to resolve any USEPA objection pursuant to paragraph
10		c of this subsection, USEPA will terminate, modify, or
11		revoke and reissue the permit.
12		e. 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		17. Title IV; Acid Rain Provisions.
17		a. The Agency shall act on initial CAAPP applications
18		for affected sources for acid deposition in accordance with
19		this Section and Title V of the Clean Air Act and
20		regulations promulgated thereunder, except as modified by
21		Title IV of the Clean Air Act and regulations promulgated
22		thereunder. The Agency shall issue initial CAAPP permits to
23		the affected sources for acid deposition which shall become
24		effective no earlier than January 1, 1995, and which shall
25		terminate on December 31, 1999, in accordance with this
26		Section. Subsequent CAAPP permits issued to affected
27		sources for acid deposition shall be issued for a fixed
28		term of 5 years. Title IV of the Clean Air Act and
29		regulations promulgated thereunder, including but not
30		limited to 40 C.F.R. Part 72, as now or hereafter amended,
31		are applicable to and enforceable under this Act.
32		b. A designated representative of an affected source
33		for acid deposition shall submit a timely and complete
34		Phase II acid rain permit application and compliance plan
35		to the Agency, not later than January 1, 1996, that meets

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

1		under Title IV of the Clean Air Act and its regulations.
2		e. A designated representative of an affected source
3		for acid deposition shall submit a timely and complete
4		Title IV NOx permit application to the Agency, not later
5		than January 1, 1998, that meets the requirements of Titles
6		IV and V of the Clean Air Act and its regulations. The
7		Agency shall reopen the Phase II acid rain permit for cause
8		and incorporate the approved NOx provisions into the Phase
9		II acid rain permit not later than January 1, 1999, in
10		accordance with this Section, except as modified by Title
11		IV of the Clean Air Act and regulations promulgated
12		thereunder. Such reopening shall not affect the term of the
13		Phase II acid rain permit.
14		f. The designated representative of the affected
15		source for acid deposition shall renew the initial CAAPP
16		permit and Phase II acid rain permit in accordance with
17		this Section and Title V of the Clean Air Act and
18		regulations promulgated thereunder, except as modified by
19		Title IV of the Clean Air Act and regulations promulgated
20		thereunder.
21		g. In the case of an affected source for acid
22		deposition for which a complete Phase II acid rain permit
23		application and compliance plan are timely received under
24		this subsection, the complete permit application and
25		compliance plan, including amendments thereto, shall be
26		binding on the owner, operator and designated
27		representative, all affected units for acid deposition at
28		the affected source, and any other unit, as defined in
29		Section 402 of the Clean Air Act, governed by the Phase II
30		acid rain permit application and shall be enforceable as an
31		acid rain permit for purposes of Titles IV and V of the
32		Clean Air Act, from the date of submission of the acid rain
33		permit application until a Phase II acid rain permit is
34		issued or denied by the Agency.
35		h. The Agency shall not include or implement any
36		measure which would interfere with or modify the

1		requirements of Title IV of the Clean Air Act or
2		regulations promulgated thereunder.
3		i. Nothing in this Section shall be construed as
4		affecting allowances or USEPA's decision regarding an
5		excess emissions offset plan, as set forth in Title IV of
6		the Clean Air Act or regulations promulgated thereunder.
7		i. No permit revision shall be required for
8		increases in emissions that are authorized by
9		allowances acquired pursuant to the acid rain program,
10		provided that such increases do not require a permit
11		revision under any other applicable requirement.
12		ii. No limit shall be placed on the number of
13		allowances held by the source. The source may not,
14		however, use allowances as a defense to noncompliance
15		with any other applicable requirement.
16		iii. Any such allowance shall be accounted for
17		according to the procedures established in regulations
18		promulgated under Title IV of the Clean Air Act.
19		j. To the extent that the federal regulations
20		promulgated under Title IV, including but not limited to 40
21		C.F.R. Part 72, as now or hereafter amended, are
22		inconsistent with the federal regulations promulgated
23		under Title V, the federal regulations promulgated under
24		Title IV shall take precedence.
25		k. The USEPA may intervene as a matter of right in any
26		permit appeal involving a Phase II acid rain permit
27		provision or denial of a Phase II acid rain permit.
28		l. It is unlawful for any owner or operator to violate
29		any terms or conditions of a Phase II acid rain permit
30		issued under this subsection, to operate any affected
31		source for acid deposition except in compliance with a
32		Phase II acid rain permit issued by the Agency under this
33		subsection, or to violate any other applicable
34		requirements.
35		m. The designated representative of an affected source
36		for acid deposition shall submit to the Agency the data and

1		information submitted quarterly to USEPA, pursuant to 40
2		CFR 75.64, concurrently with the submission to USEPA. The
3		submission shall be in the same electronic format as
4		specified by USEPA.
5		n. The Agency shall act on any petition for exemption
6		of a new unit or retired unit, as those terms are defined
7		in Section 402 of the Clean Air Act, from the requirements
8		of the acid rain program in accordance with Title IV of the
9		Clean Air Act and its regulations.
10		o. The Agency shall have the authority to adopt
11		procedural rules, in accordance with the Illinois
12		Administrative Procedure Act, as the Agency deems
13		necessary to implement this subsection.
14		18. Fee Provisions.
15		a. For each 12 month period after the date on which the
16		USEPA approves or conditionally approves the CAAPP, but in
17		no event prior to January 1, 1994, a source subject to this
18		Section or excluded under subsection 1.1 or paragraph 3(c)
19		of this Section, shall pay a fee as provided in this part
20		(a) of this subsection 18. However, a source that has been
21		excluded from the provisions of this Section under
22		subsection 1.1 or paragraph 3(c) of this Section because
23		the source emits less than 25 tons per year of any
24		combination of regulated air pollutants shall pay fees in
25		accordance with paragraph (1) of subsection (b) of Section
26		9.6.
27		i. The fee for a source allowed to emit less than
28		100 tons per year of any combination of regulated air
29		pollutants shall be $1,800 per year.
30		ii. The fee for a source allowed to emit 100 tons
31		or more per year of any combination of regulated air
32		pollutants, except for those regulated air pollutants
33		excluded in paragraph 18(f) of this subsection, shall
34		be as follows:
35		A. The Agency shall assess an annual fee of

1		$18.00 per ton for the allowable emissions of all
2		regulated air pollutants at that source during the
3		term of the permit. These fees shall be used by the
4		Agency and the Board to fund the activities
5		required by Title V of the Clean Air Act including
6		such activities as may be carried out by other
7		State or local agencies pursuant to paragraph (d)
8		of this subsection. The amount of such fee shall be
9		based on the information supplied by the applicant
10		in its complete CAAPP permit application or in the
11		CAAPP permit if the permit has been granted and
12		shall be determined by the amount of emissions that
13		the source is allowed to emit annually, provided
14		however, that no source shall be required to pay an
15		annual fee in excess of $250,000. The Agency shall
16		provide as part of the permit application form
17		required under subsection 5 of this Section a
18		separate fee calculation form which will allow the
19		applicant to identify the allowable emissions and
20		calculate the fee for the term of the permit. In no
21		event shall the Agency raise the amount of
22		allowable emissions requested by the applicant
23		unless such increases are required to demonstrate
24		compliance with terms of a CAAPP permit.
25		Notwithstanding the above, any applicant may
26		seek a change in its permit which would result in
27		increases in allowable emissions due to an
28		increase in the hours of operation or production
29		rates of an emission unit or units and such a
30		change shall be consistent with the construction
31		permit requirements of the existing State permit
32		program, under Section 39(a) of this Act and
33		applicable provisions of this Section. Where a
34		construction permit is required, the Agency shall
35		expeditiously grant such construction permit and
36		shall, if necessary, modify the CAAPP permit based

1		on the same application.
2		B. The applicant or permittee may pay the fee
3		annually or semiannually for those fees greater
4		than $5,000. However, any applicant paying a fee
5		equal to or greater than $100,000 shall pay the
6		full amount on July 1, for the subsequent fiscal
7		year, or pay 50% of the fee on July 1 and the
8		remaining 50% by the next January 1. The Agency may
9		change any annual billing date upon reasonable
10		notice, but shall prorate the new bill so that the
11		permittee or applicant does not pay more than its
12		required fees for the fee period for which payment
13		is made.
14		b. (Blank).
15		c. (Blank).
16		d. There is hereby created in the State Treasury a
17		special fund to be known as the "CAA Permit Fund". All
18		Funds collected by the Agency pursuant to this subsection
19		shall be deposited into the Fund. The General Assembly
20		shall appropriate monies from this Fund to the Agency and
21		to the Board to carry out their obligations under this
22		Section. The General Assembly may also authorize monies to
23		be granted by the Agency from this Fund to other State and
24		local agencies which perform duties related to the CAAPP.
25		Interest generated on the monies deposited in this Fund
26		shall be returned to the Fund.
27		e. The Agency shall have the authority to adopt
28		procedural rules, in accordance with the Illinois
29		Administrative Procedure Act, as the Agency deems
30		necessary to implement this subsection.
31		f. For purposes of this subsection, the term "regulated
32		air pollutant" shall have the meaning given to it under
33		subsection 1 of this Section but shall exclude the
34		following:
35		i. carbon monoxide;
36		ii. any Class I or II substance which is a

1		regulated air pollutant solely because it is listed
2		pursuant to Section 602 of the Clean Air Act; and
3		iii. any pollutant that is a regulated air
4		pollutant solely because it is subject to a standard or
5		regulation under Section 112(r) of the Clean Air Act
6		based on the emissions allowed in the permit effective
7		in that calendar year, at the time the applicable bill
8		is generated.
9		19. Air Toxics Provisions.
10		a. In the event that the USEPA fails to promulgate in a
11		timely manner a standard pursuant to Section 112(d) of the
12		Clean Air Act, the Agency shall have the authority to issue
13		permits, pursuant to Section 112(j) of the Clean Air Act
14		and regulations promulgated thereunder, which contain
15		emission limitations which are equivalent to the emission
16		limitations that would apply to a source if an emission
17		standard had been promulgated in a timely manner by USEPA
18		pursuant to Section 112(d). Provided, however, that the
19		owner or operator of a source shall have the opportunity to
20		submit to the Agency a proposed emission limitation which
21		it determines to be equivalent to the emission limitations
22		that would apply to such source if an emission standard had
23		been promulgated in a timely manner by USEPA. If the Agency
24		refuses to include the emission limitation proposed by the
25		owner or operator in a CAAPP permit, the owner or operator
26		may petition the Board to establish whether the emission
27		limitation proposal submitted by the owner or operator
28		provides for emission limitations which are equivalent to
29		the emission limitations that would apply to the source if
30		the emission standard had been promulgated by USEPA in a
31		timely manner. The Board shall determine whether the
32		emission limitation proposed by the owner or operator or an
33		alternative emission limitation proposed by the Agency
34		provides for the level of control required under Section
35		112 of the Clean Air Act, or shall otherwise establish an

1		appropriate emission limitation, pursuant to Section 112
2		of the Clean Air Act.
3		b. Any Board proceeding brought under paragraph (a) or
4		(e) of this subsection shall be conducted according to the
5		Board's procedures for adjudicatory hearings and the Board
6		shall render its decision within 120 days of the filing of
7		the petition. Any such decision shall be subject to review
8		pursuant to Section 41 of this Act. Where USEPA promulgates
9		an applicable emission standard prior to the issuance of
10		the CAAPP permit, the Agency shall include in the permit
11		the promulgated standard, provided that the source shall
12		have the compliance period provided under Section 112(i) of
13		the Clean Air Act. Where USEPA promulgates an applicable
14		standard subsequent to the issuance of the CAAPP permit,
15		the Agency shall revise such permit upon the next renewal
16		to reflect the promulgated standard, providing a
17		reasonable time for the applicable source to comply with
18		the standard, but no longer than 8 years after the date on
19		which the source is first required to comply with the
20		emissions limitation established under this subsection.
21		c. The Agency shall have the authority to implement and
22		enforce complete or partial emission standards promulgated
23		by USEPA pursuant to Section 112(d), and standards
24		promulgated by USEPA pursuant to Sections 112(f), 112(h),
25		112(m), and 112(n), and may accept delegation of authority
26		from USEPA to implement and enforce Section 112(l) and
27		requirements for the prevention and detection of
28		accidental releases pursuant to Section 112(r) of the Clean
29		Air Act.
30		d. The Agency shall have the authority to issue permits
31		pursuant to Section 112(i)(5) of the Clean Air Act.
32		e. The Agency has the authority to implement Section
33		112(g) of the Clean Air Act consistent with the Clean Air
34		Act and federal regulations promulgated thereunder. If the
35		Agency refuses to include the emission limitations
36		proposed in an application submitted by an owner or

1		operator for a case-by-case maximum achievable control
2		technology (MACT) determination, the owner or operator may
3		petition the Board to determine whether the emission
4		limitation proposed by the owner or operator or an
5		alternative emission limitation proposed by the Agency
6		provides for a level of control required by Section 112 of
7		the Clean Air Act, or to otherwise establish an appropriate
8		emission limitation under Section 112 of the Clean Air Act.
9		20. Small Business.
10		a. For purposes of this subsection:
11		"Program" is the Small Business Stationary Source
12		Technical and Environmental Compliance Assistance Program
13		created within this State pursuant to Section 507 of the
14		Clean Air Act and guidance promulgated thereunder, to
15		provide technical assistance and compliance information to
16		small business stationary sources;
17		"Small Business Assistance Program" is a component of
18		the Program responsible for providing sufficient
19		communications with small businesses through the
20		collection and dissemination of information to small
21		business stationary sources; and
22		"Small Business Stationary Source" means a stationary
23		source that:
24		1. is owned or operated by a person that employs
25		100 or fewer individuals;
26		2. is a small business concern as defined in the
27		"Small Business Act";
28		3. is not a major source as that term is defined in
29		subsection 2 of this Section;
30		4. does not emit 50 tons or more per year of any
31		regulated air pollutant; and
32		5. emits less than 75 tons per year of all
33		regulated pollutants.
34		b. The Agency shall adopt and submit to USEPA, after
35		reasonable notice and opportunity for public comment, as a

1		revision to the Illinois state implementation plan, plans
2		for establishing the Program.
3		c. The Agency shall have the authority to enter into
4		such contracts and agreements as the Agency deems necessary
5		to carry out the purposes of this subsection.
6		d. The Agency may establish such procedures as it may
7		deem necessary for the purposes of implementing and
8		executing its responsibilities under this subsection.
9		e. There shall be appointed a Small Business Ombudsman
10		(hereinafter in this subsection referred to as
11		"Ombudsman") to monitor the Small Business Assistance
12		Program. The Ombudsman shall be a nonpartisan designated
13		official, with the ability to independently assess whether
14		the goals of the Program are being met.
15		f. The State Ombudsman Office shall be located in an
16		existing Ombudsman office within the State or in any State
17		Department.
18		g. There is hereby created a State Compliance Advisory
19		Panel (hereinafter in this subsection referred to as
20		"Panel") for determining the overall effectiveness of the
21		Small Business Assistance Program within this State.
22		h. The selection of Panel members shall be by the
23		following method:
24		1. The Governor shall select two members who are
25		not owners or representatives of owners of small
26		business stationary sources to represent the general
27		public;
28		2. The Director of the Agency shall select one
29		member to represent the Agency; and
30		3. The State Legislature shall select four members
31		who are owners or representatives of owners of small
32		business stationary sources. Both the majority and
33		minority leadership in both Houses of the Legislature
34		shall appoint one member of the panel.
35		i. Panel members should serve without compensation but
36		will receive full reimbursement for expenses including

1		travel and per diem as authorized within this State.
2		j. The Panel shall select its own Chair by a majority
3		vote. The Chair may meet and consult with the Ombudsman and
4		the head of the Small Business Assistance Program in
5		planning the activities for the Panel.
6		21. Temporary Sources.
7		a. The Agency may issue a single permit authorizing
8		emissions from similar operations by the same source owner
9		or operator at multiple temporary locations, except for
10		sources which are affected sources for acid deposition
11		under Title IV of the Clean Air Act.
12		b. The applicant must demonstrate that the operation is
13		temporary and will involve at least one change of location
14		during the term of the permit.
15		c. Any such permit shall meet all applicable
16		requirements of this Section and applicable regulations,
17		and include conditions assuring compliance with all
18		applicable requirements at all authorized locations and
19		requirements that the owner or operator notify the Agency
20		at least 10 days in advance of each change in location.
21		22. Solid Waste Incineration Units.
22		a. A CAAPP permit for a solid waste incineration unit
23		combusting municipal waste subject to standards
24		promulgated under Section 129(e) of the Clean Air Act shall
25		be issued for a period of 12 years and shall be reviewed
26		every 5 years, unless the Agency requires more frequent
27		review through Agency procedures.
28		b. During the review in paragraph (a) of this
29		subsection, the Agency shall fully review the previously
30		submitted CAAPP permit application and corresponding
31		reports subsequently submitted to determine whether the
32		source is in compliance with all applicable requirements.
33		c. If the Agency determines that the source is not in
34		compliance with all applicable requirements it shall

1		revise the CAAPP permit as appropriate.
2		d. The Agency shall have the authority to adopt
3		procedural rules, in accordance with the Illinois
4		Administrative Procedure Act, as the Agency deems
5		necessary, to implement this subsection.
6		(Source: P.A. 92-24, eff. 7-1-01; 93-32, eff. 7-1-03.)
7		(415 ILCS 5/42) (from Ch. 111 1/2, par. 1042)
8		Sec. 42. Civil penalties.
9		(a) Except as provided in this Section, any person that
10		violates any provision of this Act or any regulation adopted by
11		the Board, or any permit or term or condition thereof, or that
12		violates any order of the Board pursuant to this Act, shall be
13		liable for a civil penalty of not to exceed $50,000 for the
14		violation and an additional civil penalty of not to exceed
15		$10,000 for each day during which the violation continues; such
16		penalties may, upon order of the Board or a court of competent
17		jurisdiction, be made payable to the Environmental Protection
18		Trust Fund, to be used in accordance with the provisions of the
19		Environmental Protection Trust Fund Act.
20		(b) Notwithstanding the provisions of subsection (a) of
21		this Section:
22		(1) Any person that violates Section 12(f) of this Act
23		or any NPDES permit or term or condition thereof, or any
24		filing requirement, regulation or order relating to the
25		NPDES permit program, shall be liable to a civil penalty of
26		not to exceed $10,000 per day of violation.
27		(2) Any person that violates Section 12(g) of this Act
28		or any UIC permit or term or condition thereof, or any
29		filing requirement, regulation or order relating to the
30		State UIC program for all wells, except Class II wells as
31		defined by the Board under this Act, shall be liable to a
32		civil penalty not to exceed $2,500 per day of violation;
33		provided, however, that any person who commits such
34		violations relating to the State UIC program for Class II
35		wells, as defined by the Board under this Act, shall be

1		liable to a civil penalty of not to exceed $10,000 for the
2		violation and an additional civil penalty of not to exceed
3		$1,000 for each day during which the violation continues.
4		(3) Any person that violates Sections 21(f), 21(g),
5		21(h) or 21(i) of this Act, or any RCRA permit or term or
6		condition thereof, or any filing requirement, regulation
7		or order relating to the State RCRA program, shall be
8		liable to a civil penalty of not to exceed $25,000 per day
9		of violation.
10		(4) In an administrative citation action under Section
11		31.1 of this Act, any person found to have violated any
12		provision of subsection (o) of Section 21 of this Act shall
13		pay a civil penalty of $500 for each violation of each such
14		provision, plus any hearing costs incurred by the Board and
15		the Agency. Such penalties shall be made payable to the
16		Environmental Protection Trust Fund, to be used in
17		accordance with the provisions of the Environmental
18		Protection Trust Fund Act; except that if a unit of local
19		government issued the administrative citation, 50% of the
20		civil penalty shall be payable to the unit of local
21		government.
22		(4-5) In an administrative citation action under
23		Section 31.1 of this Act, any person found to have violated
24		any provision of subsection (p) of Section 21 of this Act
25		shall pay a civil penalty of $1,500 for each violation of
26		each such provision, plus any hearing costs incurred by the
27		Board and the Agency, except that the civil penalty amount
28		shall be be a $3,000 for each violation of any provision of
29		subsection (p) of Section 21 that is the person's second a
30		second or subsequent adjudication violation of that
31		provision. The penalties shall be deposited into the
32		Environmental Protection Trust Fund, to be used in
33		accordance with the provisions of the Environmental
34		Protection Trust Fund Act; except that if a unit of local
35		government issued the administrative citation, 50% of the
36		civil penalty shall be payable to the unit of local

1		government.
2		(5) Any person who violates subsection 6 of Section
3		39.5 of this Act or any CAAPP permit, or term or condition
4		thereof, or any fee or filing requirement, or any duty to
5		allow or carry out inspection, entry or monitoring
6		activities, or any regulation or order relating to the
7		CAAPP shall be liable for a civil penalty not to exceed
8		$10,000 per day of violation.
9		(b.5) In lieu of the penalties set forth in subsections (a)
10		and (b) of this Section, any person who fails to file, in a
11		timely manner, toxic chemical release forms with the Agency
12		pursuant to Section 25b-2 of this Act shall be liable for a
13		civil penalty of $100 per day for each day the forms are late,
14		not to exceed a maximum total penalty of $6,000. This daily
15		penalty shall begin accruing on the thirty-first day after the
16		date that the person receives the warning notice issued by the
17		Agency pursuant to Section 25b-6 of this Act; and the penalty
18		shall be paid to the Agency. The daily accrual of penalties
19		shall cease as of January 1 of the following year. All
20		penalties collected by the Agency pursuant to this subsection
21		shall be deposited into the Environmental Protection Permit and
22		Inspection Fund.
23		(c) Any person that violates this Act, any rule or
24		regulation adopted under this Act, any permit or term or
25		condition of a permit, or any Board order and causes the death
26		of fish or aquatic life shall, in addition to the other
27		penalties provided by this Act, be liable to pay to the State
28		an additional sum for the reasonable value of the fish or
29		aquatic life destroyed. Any money so recovered shall be placed
30		in the Wildlife and Fish Fund in the State Treasury.
31		(d) The penalties provided for in this Section may be
32		recovered in a civil action.
33		(e) The State's Attorney of the county in which the
34		violation occurred, or the Attorney General, may, at the
35		request of the Agency or on his own motion, institute a civil
36		action for an injunction to restrain violations of this Act,

1		any rule or regulation adopted under this Act, any permit or
2		term or condition of a permit, or any Board order.
3		(f) The State's Attorney of the county in which the
4		violation occurred, or the Attorney General, shall bring such
5		actions in the name of the people of the State of Illinois.
6		Without limiting any other authority which may exist for the
7		awarding of attorney's fees and costs, the Board or a court of
8		competent jurisdiction may award costs and reasonable
9		attorney's fees, including the reasonable costs of expert
10		witnesses and consultants, to the State's Attorney or the
11		Attorney General in a case where he has prevailed against a
12		person who has committed a wilful, knowing or repeated
13		violation of this Act, any rule or regulation adopted under
14		this Act, any permit or term or condition of a permit, or any
15		Board order.
16		Any funds collected under this subsection (f) in which the
17		Attorney General has prevailed shall be deposited in the
18		Hazardous Waste Fund created in Section 22.2 of this Act. Any
19		funds collected under this subsection (f) in which a State's
20		Attorney has prevailed shall be retained by the county in which
21		he serves.
22		(g) All final orders imposing civil penalties pursuant to
23		this Section shall prescribe the time for payment of such
24		penalties. If any such penalty is not paid within the time
25		prescribed, interest on such penalty at the rate set forth in
26		subsection (a) of Section 1003 of the Illinois Income Tax Act,
27		shall be paid for the period from the date payment is due until
28		the date payment is received. However, if the time for payment
29		is stayed during the pendency of an appeal, interest shall not
30		accrue during such stay.
31		(h) In determining the appropriate civil penalty to be
32		imposed under subdivisions (a), (b)(1), (b)(2), (b)(3), or
33		(b)(5) of this Section, the Board is authorized to consider any
34		matters of record in mitigation or aggravation of penalty,
35		including but not limited to the following factors:
36		(1) the duration and gravity of the violation;

1		(2) the presence or absence of due diligence on the
2		part of the respondent in attempting to comply with
3		requirements of this Act and regulations thereunder or to
4		secure relief therefrom as provided by this Act;
5		(3) any economic benefits accrued by the respondent
6		because of delay in compliance with requirements, in which
7		case the economic benefits shall be determined by the
8		lowest cost alternative for achieving compliance;
9		(4) the amount of monetary penalty which will serve to
10		deter further violations by the respondent and to otherwise
11		aid in enhancing voluntary compliance with this Act by the
12		respondent and other persons similarly subject to the Act;
13		(5) the number, proximity in time, and gravity of
14		previously adjudicated violations of this Act by the
15		respondent;
16		(6) whether the respondent voluntarily self-disclosed,
17		in accordance with subsection (i) of this Section, the
18		non-compliance to the Agency; and
19		(7) whether the respondent has agreed to undertake a
20		"supplemental environmental project," which means an
21		environmentally beneficial project that a respondent
22		agrees to undertake in settlement of an enforcement action
23		brought under this Act, but which the respondent is not
24		otherwise legally required to perform.
25		In determining the appropriate civil penalty to be imposed
26		under subsection (a) or paragraph (1), (2), (3), or (5) of
27		subsection (b) of this Section, the Board shall ensure, in all
28		cases, that the penalty is at least as great as the economic
29		benefits, if any, accrued by the respondent as a result of the
30		violation, unless the Board finds that imposition of such
31		penalty would result in an arbitrary or unreasonable financial
32		hardship. However, such civil penalty may be off-set in whole
33		or in part pursuant to a supplemental environmental project
34		agreed to by the complainant and the respondent.
35		(i) A person who voluntarily self-discloses non-compliance
36		to the Agency, of which the Agency had been unaware, is

1		entitled to a 100% reduction in the portion of the penalty that
2		is not based on the economic benefit of non-compliance if the
3		person can establish the following:
4		(1) that the non-compliance was discovered through an
5		environmental audit or a compliance management system
6		documented by the regulated entity as reflecting the
7		regulated entity's due diligence in preventing, detecting,
8		and correcting violations , as defined in Section 52.2 of
9		this Act, and the person waives the environmental audit
10		privileges as provided in that Section with respect to that
11		non-compliance;
12		(2) that the non-compliance was disclosed in writing
13		within 30 days of the date on which the person discovered
14		it;
15		(3) that the non-compliance was discovered and
16		disclosed prior to:
17		(i) the commencement of an Agency inspection,
18		investigation, or request for information;
19		(ii) notice of a citizen suit;
20		(iii) the filing of a complaint by a citizen, the
21		Illinois Attorney General, or the State's Attorney of
22		the county in which the violation occurred;
23		(iv) the reporting of the non-compliance by an
24		employee of the person without that person's
25		knowledge; or
26		(v) imminent discovery of the non-compliance by
27		the Agency;
28		(4) that the non-compliance is being corrected and any
29		environmental harm is being remediated in a timely fashion;
30		(5) that the person agrees to prevent a recurrence of
31		the non-compliance;
32		(6) that no related non-compliance events have
33		occurred in the past 3 years at the same facility or in the
34		past 5 years as part of a pattern at multiple facilities
35		owned or operated by the person;
36		(7) that the non-compliance did not result in serious

1		actual harm or present an imminent and substantial
2		endangerment to human health or the environment or violate
3		the specific terms of any judicial or administrative order
4		or consent agreement;
5		(8) that the person cooperates as reasonably requested
6		by the Agency after the disclosure; and
7		(9) that the non-compliance was identified voluntarily
8		and not through a monitoring, sampling, or auditing
9		procedure that is required by statute, rule, permit,
10		judicial or administrative order, or consent agreement.
11		If a person can establish all of the elements under this
12		subsection except the element set forth in paragraph (1) of
13		this subsection, the person is entitled to a 75% reduction in
14		the portion of the penalty that is not based upon the economic
15		benefit of non-compliance.
16		(Source: P.A. 93-152, eff. 7-10-03; 93-575, eff. 1-1-04;
17		revised 9-11-03.)

18		(415 ILCS 5/52.2 rep.)
19		Section 10. The Environmental Protection Act is amended by
20		repealing Section 52.2.

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