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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    elected official. For the purposes of this part, a
2    principal executive officer of a Federal agency includes
3    the chief executive officer having responsibility for the
4    overall operations of a principal geographic unit of the
5    agency (e.g., a Regional Administrator of USEPA).
6        (4) For affected sources for acid deposition:
7            (i) The designated representative shall be the
8        "responsible official" in so far as actions,
9        standards, requirements, or prohibitions under Title
10        IV of the Clean Air Act or the regulations promulgated
11        thereunder are concerned.
12            (ii) The designated representative may also be the
13        "responsible official" for any other purposes with
14        respect to air pollution control.
15    "Section 502(b)(10) changes" means changes that contravene
16express permit terms. "Section 502(b)(10) changes" do not
17include changes that would violate applicable requirements or
18contravene federally enforceable permit terms or conditions
19that are monitoring (including test methods), recordkeeping,
20reporting, or compliance certification requirements.
21    "Solid waste incineration unit" means a distinct operating
22unit of any facility which combusts any solid waste material
23from commercial or industrial establishments or the general
24public (including single and multiple residences, hotels, and
25motels). The term does not include incinerators or other units
26required to have a permit under Section 3005 of the Solid Waste

 

 

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1Disposal Act. The term also does not include (A) materials
2recovery facilities (including primary or secondary smelters)
3which combust waste for the primary purpose of recovering
4metals, (B) qualifying small power production facilities, as
5defined in Section 3(17)(C) of the Federal Power Act (16 U.S.C.
6769(17)(C)), or qualifying cogeneration facilities, as defined
7in Section 3(18)(B) of the Federal Power Act (16 U.S.C.
8796(18)(B)), which burn homogeneous waste (such as units which
9burn tires or used oil, but not including refuse-derived fuel)
10for the production of electric energy or in the case of
11qualifying cogeneration facilities which burn homogeneous
12waste for the production of electric energy and steam or forms
13of useful energy (such as heat) which are used for industrial,
14commercial, heating or cooling purposes, or (C) air curtain
15incinerators provided that such incinerators only burn wood
16wastes, yard waste and clean lumber and that such air curtain
17incinerators comply with opacity limitations to be established
18by the USEPA by rule.
19    "Source" means any stationary source (or any group of
20stationary sources) that is located on one or more contiguous
21or adjacent properties that are under common control of the
22same person (or persons under common control) and that belongs
23to a single major industrial grouping. For the purposes of
24defining "source," a stationary source or group of stationary
25sources shall be considered part of a single major industrial
26grouping if all of the pollutant emitting activities at such

 

 

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

 

 

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1sources). A support facility shall be considered to be part of
2the same source as the stationary source (or group of
3stationary sources) that it supports regardless of the 2-digit
4Standard Industrial Classification code for the support
5facility.
6    "USEPA" means the Administrator of the United States
7Environmental Protection Agency (USEPA) or a person designated
8by the Administrator.
 
9    1.1. Exclusion From the CAAPP.
10        a. An owner or operator of a source which determines
11    that the source could be excluded from the CAAPP may seek
12    such exclusion prior to the date that the CAAPP application
13    for the source is due but in no case later than 9 months
14    after the effective date of the CAAPP through the
15    imposition of federally enforceable conditions limiting
16    the "potential to emit" of the source to a level below the
17    major source threshold for that source as described in
18    paragraph(c) of subsection 2 of this Section, within a
19    State operating permit issued pursuant to subsection (a) of
20    Section 39 of this Act. After such date, an exclusion from
21    the CAAPP may be sought under paragraph(c) of subsection 3
22    of this Section.
23        b. An owner or operator of a source seeking exclusion
24    from the CAAPP pursuant to paragraph (a) of this subsection
25    must submit a permit application consistent with the

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    subsection 5 of this Section. The public notice
2    requirements of this Section applicable to CAAPP permits
3    shall also apply to the initial issuance of permits under
4    this paragraph.
5        d. For purposes of this Act, a permit issued by USEPA
6    under Section 505 of the Clean Air Act, as now and
7    hereafter amended, shall be deemed to be a permit issued by
8    the Agency pursuant to Section 39.5 of this Act.
 
9    4. Transition.
10        a. An owner or operator of a CAAPP source shall not be
11    required to renew an existing State operating permit for
12    any emission unit at such CAAPP source once a CAAPP
13    application timely submitted prior to expiration of the
14    State operating permit has been deemed complete. For
15    purposes other than permit renewal, the obligation upon the
16    owner or operator of a CAAPP source to obtain a State
17    operating permit is not removed upon submittal of the
18    complete CAAPP permit application. An owner or operator of
19    a CAAPP source seeking to make a modification to a source
20    prior to the issuance of its CAAPP permit shall be required
21    to obtain a construction permit, operating permit, or both
22    as required for such modification in accordance with the
23    State permit program under subsection (a) of Section 39 of
24    this Act, as amended, and regulations promulgated
25    thereunder. The application for such construction permit,

 

 

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

 

 

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1        f. The Agency shall provide owners or operators of
2    CAAPP sources with at least 3 months advance notice of the
3    date on which their applications are required to be
4    submitted. In determining which sources shall be subject to
5    early submittal, the Agency shall include among its
6    considerations the complexity of the permit application,
7    and the burden that such early submittal will have on the
8    source.
9        g. The CAAPP permit shall upon becoming effective
10    supersede the State operating permit.
11        h. 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    5. Applications and Completeness.
16        a. An owner or operator of a CAAPP source shall submit
17    its complete CAAPP application consistent with the Act and
18    applicable regulations.
19        b. An owner or operator of a CAAPP source shall submit
20    a single complete CAAPP application covering all emission
21    units at that source.
22        c. To be deemed complete, a CAAPP application must
23    provide all information, as requested in Agency
24    application forms, sufficient to evaluate the subject
25    source and its application and to determine all applicable

 

 

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

 

 

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

 

 

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1    CAAPP application, with the following exceptions: (i)
2    permits for affected sources for acid deposition shall be
3    issued or denied within 6 months after receipt of a
4    complete application in accordance with subsection 17 of
5    this Section; (ii) the Agency shall act on initial CAAPP
6    applications within 24 months after the date of receipt of
7    the complete CAAPP application; (iii) the Agency shall act
8    on complete applications containing early reduction
9    demonstrations under Section 112(i)(5) of the Clean Air Act
10    within 9 months of receipt of the complete CAAPP
11    application.
12        Where the Agency does not take final action on the
13    permit within the required time period, the permit shall
14    not be deemed issued; rather, the failure to act shall be
15    treated as a final permit action for purposes of judicial
16    review pursuant to Sections 40.2 and 41 of this Act.
17        k. The submittal of a complete CAAPP application shall
18    not affect the requirement that any source have a
19    preconstruction permit under Title I of the Clean Air Act.
20        l. Unless a timely and complete renewal application has
21    been submitted consistent with this subsection, a CAAPP
22    source operating upon the expiration of its CAAPP permit
23    shall be deemed to be operating without a CAAPP permit.
24    Such operation is prohibited under this Act.
25        m. Permits being renewed shall be subject to the same
26    procedural requirements, including those for public

 

 

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1    participation and federal review and objection, that apply
2    to original permit issuance.
3        n. For purposes of permit renewal, a timely application
4    is one that is submitted no less than 9 months prior to the
5    date of permit expiration.
6        o. The terms and conditions of a CAAPP permit shall
7    remain in effect until the issuance of a CAAPP renewal
8    permit provided a timely and complete CAAPP application has
9    been submitted.
10        p. The owner or operator of a CAAPP source seeking a
11    permit shield pursuant to paragraph(j) of subsection 7 of
12    this Section shall request such permit shield in the CAAPP
13    application regarding that source.
14        q. The Agency shall make available to the public all
15    documents submitted by the applicant to the Agency,
16    including each CAAPP application, compliance plan
17    (including the schedule of compliance), and emissions or
18    compliance monitoring report, with the exception of
19    information entitled to confidential treatment pursuant to
20    Section 7 of this Act.
21        r. The Agency shall use the standardized forms required
22    under Title IV of the Clean Air Act and regulations
23    promulgated thereunder for affected sources for acid
24    deposition.
25        s. An owner or operator of a CAAPP source may include
26    within its CAAPP application a request for permission to

 

 

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1    operate during a startup, malfunction, or breakdown
2    consistent with applicable Board regulations.
3        t. An owner or operator of a CAAPP source, in order to
4    utilize the operational flexibility provided under
5    paragraph(l) of subsection 7 of this Section, must request
6    such use and provide the necessary information within its
7    CAAPP application.
8        u. An owner or operator of a CAAPP source which seeks
9    exclusion from the CAAPP through the imposition of
10    federally enforceable conditions, pursuant to paragraph(c)
11    of subsection 3 of this Section, must request such
12    exclusion within a CAAPP application submitted consistent
13    with this subsection on or after the date that the CAAPP
14    application for the source is due. Prior to such date, but
15    in no case later than 9 months after the effective date of
16    the CAAPP, such owner or operator may request the
17    imposition of federally enforceable conditions pursuant to
18    paragraph(b) of subsection 1.1 of this Section.
19        v. CAAPP applications shall contain accurate
20    information on allowable emissions to implement the fee
21    provisions of subsection 18 of this Section.
22        w. An owner or operator of a CAAPP source shall submit
23    within its CAAPP application emissions information
24    regarding all regulated air pollutants emitted at that
25    source consistent with applicable Agency procedures.
26    Emissions information regarding insignificant activities

 

 

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1    or emission levels, as determined by the Agency pursuant to
2    Board regulations, may be submitted as a list within the
3    CAAPP application. The Agency shall propose regulations to
4    the Board defining insignificant activities or emission
5    levels, consistent with federal regulations, if any, no
6    later than 18 months after the effective date of this
7    amendatory Act of 1992, consistent with Section 112(n)(1)
8    of the Clean Air Act. The Board shall adopt final
9    regulations defining insignificant activities or emission
10    levels no later than 9 months after the date of the
11    Agency's proposal.
12        x. The owner or operator of a new CAAPP source shall
13    submit its complete CAAPP application consistent with this
14    subsection within 12 months after commencing operation of
15    such source. The owner or operator of an existing source
16    that has been excluded from the provisions of this Section
17    under subsection 1.1 or paragraph (c) of subsection 3 of
18    this Section and that becomes subject to the CAAPP solely
19    due to a change in operation at the source shall submit its
20    complete CAAPP application consistent with this subsection
21    at least 180 days before commencing operation in accordance
22    with the change in operation.
23        y. The Agency shall have the authority to adopt
24    procedural rules, in accordance with the Illinois
25    Administrative Procedure Act, as the Agency deems
26    necessary to implement this subsection.
 

 

 

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1    6. Prohibitions.
2        a. It shall be unlawful for any person to violate any
3    terms or conditions of a permit issued under this Section,
4    to operate any CAAPP source except in compliance with a
5    permit issued by the Agency under this Section or to
6    violate any other applicable requirements. All terms and
7    conditions of a permit issued under this Section are
8    enforceable by USEPA and citizens under the Clean Air Act,
9    except those, if any, that are specifically designated as
10    not being federally enforceable in the permit pursuant to
11    paragraph(m) of subsection 7 of this Section.
12        b. After the applicable CAAPP permit or renewal
13    application submittal date, as specified in subsection 5 of
14    this Section, no person shall operate a CAAPP source
15    without a CAAPP permit unless the complete CAAPP permit or
16    renewal application for such source has been timely
17    submitted to the Agency.
18        c. No owner or operator of a CAAPP source shall cause
19    or threaten or allow the continued operation of an emission
20    source during malfunction or breakdown of the emission
21    source or related air pollution control equipment if such
22    operation would cause a violation of the standards or
23    limitations applicable to the source, unless the CAAPP
24    permit granted to the source provides for such operation
25    consistent with this Act and applicable Board regulations.
 

 

 

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1    7. Permit Content.
2        a. All CAAPP permits shall contain emission
3    limitations and standards and other enforceable terms and
4    conditions, including but not limited to operational
5    requirements, and schedules for achieving compliance at
6    the earliest reasonable date, which are or will be required
7    to accomplish the purposes and provisions of this Act and
8    to assure compliance with all applicable requirements.
9        b. The Agency shall include among such conditions
10    applicable monitoring, reporting, record keeping and
11    compliance certification requirements, as authorized by
12    paragraphs (d), (e), and (f) of this subsection, that the
13    Agency deems necessary to assure compliance with the Clean
14    Air Act, the regulations promulgated thereunder, this Act,
15    and applicable Board regulations. When monitoring,
16    reporting, record keeping, and compliance certification
17    requirements are specified within the Clean Air Act,
18    regulations promulgated thereunder, this Act, or
19    applicable regulations, such requirements shall be
20    included within the CAAPP permit. The Board shall have
21    authority to promulgate additional regulations where
22    necessary to accomplish the purposes of the Clean Air Act,
23    this Act, and regulations promulgated thereunder.
24        c. The Agency shall assure, within such conditions, the
25    use of terms, test methods, units, averaging periods, and

 

 

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1    other statistical conventions consistent with the
2    applicable emission limitations, standards, and other
3    requirements contained in the permit.
4        d. To meet the requirements of this subsection with
5    respect to monitoring, the permit shall:
6            i. Incorporate and identify all applicable
7        emissions monitoring and analysis procedures or test
8        methods required under the Clean Air Act, regulations
9        promulgated thereunder, this Act, and applicable Board
10        regulations, including any procedures and methods
11        promulgated by USEPA pursuant to Section 504(b) or
12        Section 114 (a)(3) of the Clean Air Act.
13            ii. Where the applicable requirement does not
14        require periodic testing or instrumental or
15        noninstrumental monitoring (which may consist of
16        recordkeeping designed to serve as monitoring),
17        require periodic monitoring sufficient to yield
18        reliable data from the relevant time period that is
19        representative of the source's compliance with the
20        permit, as reported pursuant to paragraph (f) of this
21        subsection. The Agency may determine that
22        recordkeeping requirements are sufficient to meet the
23        requirements of this subparagraph.
24            iii. As necessary, specify requirements concerning
25        the use, maintenance, and when appropriate,
26        installation of monitoring equipment or methods.

 

 

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1        e. To meet the requirements of this subsection with
2    respect to record keeping, the permit shall incorporate and
3    identify all applicable recordkeeping requirements and
4    require, where applicable, the following:
5            i. Records of required monitoring information that
6        include the following:
7                A. The date, place and time of sampling or
8            measurements.
9                B. The date(s) analyses were performed.
10                C. The company or entity that performed the
11            analyses.
12                D. The analytical techniques or methods used.
13                E. The results of such analyses.
14                F. The operating conditions as existing at the
15            time of sampling or measurement.
16            ii.    Retention of records of all monitoring data
17        and support information for a period of at least 5
18        years from the date of the monitoring sample,
19        measurement, report, or application. Support
20        information includes all calibration and maintenance
21        records, original strip-chart recordings for
22        continuous monitoring instrumentation, and copies of
23        all reports required by the permit.
24        f. To meet the requirements of this subsection with
25    respect to reporting, the permit shall incorporate and
26    identify all applicable reporting requirements and require

 

 

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1    the following:
2            i. Submittal of reports of any required monitoring
3        every 6 months. More frequent submittals may be
4        requested by the Agency if such submittals are
5        necessary to assure compliance with this Act or
6        regulations promulgated by the Board thereunder. All
7        instances of deviations from permit requirements must
8        be clearly identified in such reports. All required
9        reports must be certified by a responsible official
10        consistent with subsection 5 of this Section.
11            ii. Prompt reporting of deviations from permit
12        requirements, including those attributable to upset
13        conditions as defined in the permit, the probable cause
14        of such deviations, and any corrective actions or
15        preventive measures taken.
16        g. Each CAAPP permit issued under subsection 10 of this
17    Section shall include a condition prohibiting emissions
18    exceeding any allowances that the source lawfully holds
19    under Title IV of the Clean Air Act or the regulations
20    promulgated thereunder, consistent with subsection 17 of
21    this Section and applicable regulations, if any.
22        h. All CAAPP permits shall state that, where another
23    applicable requirement of the Clean Air Act is more
24    stringent than any applicable requirement of regulations
25    promulgated under Title IV of the Clean Air Act, both
26    provisions shall be incorporated into the permit and shall

 

 

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1    be State and federally enforceable.
2        i. Each CAAPP permit issued under subsection 10 of this
3    Section shall include a severability clause to ensure the
4    continued validity of the various permit requirements in
5    the event of a challenge to any portions of the permit.
6        j. The following shall apply with respect to owners or
7    operators requesting a permit shield:
8            i. The Agency shall include in a CAAPP permit, when
9        requested by an applicant pursuant to paragraph(p) of
10        subsection 5 of this Section, a provision stating that
11        compliance with the conditions of the permit shall be
12        deemed compliance with applicable requirements which
13        are applicable as of the date of release of the
14        proposed permit, provided that:
15                A. The applicable requirement is specifically
16            identified within the permit; or
17                B. The Agency in acting on the CAAPP
18            application or revision determines in writing that
19            other requirements specifically identified are not
20            applicable to the source, and the permit includes
21            that determination or a concise summary thereof.
22            ii. The permit shall identify the requirements for
23        which the source is shielded. The shield shall not
24        extend to applicable requirements which are
25        promulgated after the date of release of the proposed
26        permit unless the permit has been modified to reflect

 

 

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1        such new requirements.
2            iii. A CAAPP permit which does not expressly
3        indicate the existence of a permit shield shall not
4        provide such a shield.
5            iv. Nothing in this paragraph or in a CAAPP permit
6        shall alter or affect the following:
7                A. The provisions of Section 303 (emergency
8            powers) of the Clean Air Act, including USEPA's
9            authority under that section.
10                B. The liability of an owner or operator of a
11            source for any violation of applicable
12            requirements prior to or at the time of permit
13            issuance.
14                C. The applicable requirements of the acid
15            rain program consistent with Section 408(a) of the
16            Clean Air Act.
17                D. The ability of USEPA to obtain information
18            from a source pursuant to Section 114
19            (inspections, monitoring, and entry) of the Clean
20            Air Act.
21        k. Each CAAPP permit shall include an emergency
22    provision providing an affirmative defense of emergency to
23    an action brought for noncompliance with technology-based
24    emission limitations under a CAAPP permit if the following
25    conditions are met through properly signed,
26    contemporaneous operating logs, or other relevant

 

 

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1    evidence:
2            i. An emergency occurred and the permittee can
3        identify the cause(s) of the emergency.
4            ii. The permitted facility was at the time being
5        properly operated.
6            iii. The permittee submitted notice of the
7        emergency to the Agency within 2 working days after the
8        time when emission limitations were exceeded due to the
9        emergency. This notice must contain a detailed
10        description of the emergency, any steps taken to
11        mitigate emissions, and corrective actions taken.
12            iv. During the period of the emergency the
13        permittee took all reasonable steps to minimize levels
14        of emissions that exceeded the emission limitations,
15        standards, or requirements in the permit.
16        For purposes of this subsection, "emergency" means any
17    situation arising from sudden and reasonably unforeseeable
18    events beyond the control of the source, such as an act of
19    God, that requires immediate corrective action to restore
20    normal operation, and that causes the source to exceed a
21    technology-based emission limitation under the permit, due
22    to unavoidable increases in emissions attributable to the
23    emergency. An emergency shall not include noncompliance to
24    the extent caused by improperly designed equipment, lack of
25    preventative maintenance, careless or improper operation,
26    or operation error.

 

 

HB3341 Enrolled- 40 -LRB099 10047 MGM 30270 b

1        In any enforcement proceeding, the permittee seeking
2    to establish the occurrence of an emergency has the burden
3    of proof. This provision is in addition to any emergency or
4    upset provision contained in any applicable requirement.
5    This provision does not relieve a permittee of any
6    reporting obligations under existing federal or state laws
7    or regulations.
8        l. The Agency shall include in each permit issued under
9    subsection 10 of this Section:
10            i. Terms and conditions for reasonably anticipated
11        operating scenarios identified by the source in its
12        application. The permit terms and conditions for each
13        such operating scenario shall meet all applicable
14        requirements and the requirements of this Section.
15                A. Under this subparagraph, the source must
16            record in a log at the permitted facility a record
17            of the scenario under which it is operating
18            contemporaneously with making a change from one
19            operating scenario to another.
20                B. The permit shield described in paragraph(j)
21            of subsection 7 of this Section shall extend to all
22            terms and conditions under each such operating
23            scenario.
24            ii. Where requested by an applicant, all terms and
25        conditions allowing for trading of emissions increases
26        and decreases between different emission units at the

 

 

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1        CAAPP source, to the extent that the applicable
2        requirements provide for trading of such emissions
3        increases and decreases without a case-by-case
4        approval of each emissions trade. Such terms and
5        conditions:
6                A. Shall include all terms required under this
7            subsection to determine compliance;
8                B. Must meet all applicable requirements;
9                C. Shall extend the permit shield described in
10            paragraph(j) of subsection 7 of this Section to all
11            terms and conditions that allow such increases and
12            decreases in emissions.
13        m. The Agency shall specifically designate as not being
14    federally enforceable under the Clean Air Act any terms and
15    conditions included in the permit that are not specifically
16    required under the Clean Air Act or federal regulations
17    promulgated thereunder. Terms or conditions so designated
18    shall be subject to all applicable state requirements,
19    except the requirements of subsection 7 (other than this
20    paragraph, paragraph q of subsection 7, subsections 8
21    through 11, and subsections 13 through 16 of this Section.
22    The Agency shall, however, include such terms and
23    conditions in the CAAPP permit issued to the source.
24        n. Each CAAPP permit issued under subsection 10 of this
25    Section shall specify and reference the origin of and
26    authority for each term or condition, and identify any

 

 

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1    difference in form as compared to the applicable
2    requirement upon which the term or condition is based.
3        o. Each CAAPP permit issued under subsection 10 of this
4    Section shall include provisions stating the following:
5            i. Duty to comply. The permittee must comply with
6        all terms and conditions of the CAAPP permit. Any
7        permit noncompliance constitutes a violation of the
8        Clean Air Act and the Act, and is grounds for any or
9        all of the following: enforcement action; permit
10        termination, revocation and reissuance, or
11        modification; or denial of a permit renewal
12        application.
13            ii. Need to halt or reduce activity not a defense.
14        It shall not be a defense for a permittee in an
15        enforcement action that it would have been necessary to
16        halt or reduce the permitted activity in order to
17        maintain compliance with the conditions of this
18        permit.
19            iii. Permit actions. The permit may be modified,
20        revoked, reopened, and reissued, or terminated for
21        cause in accordance with the applicable subsections of
22        Section 39.5 of this Act. The filing of a request by
23        the permittee for a permit modification, revocation
24        and reissuance, or termination, or of a notification of
25        planned changes or anticipated noncompliance does not
26        stay any permit condition.

 

 

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1            iv. Property rights. The permit does not convey any
2        property rights of any sort, or any exclusive
3        privilege.
4            v. Duty to provide information. The permittee
5        shall furnish to the Agency within a reasonable time
6        specified by the Agency any information that the Agency
7        may request in writing to determine whether cause
8        exists for modifying, revoking and reissuing, or
9        terminating the permit or to determine compliance with
10        the permit. Upon request, the permittee shall also
11        furnish to the Agency copies of records required to be
12        kept by the permit or, for information claimed to be
13        confidential, the permittee may furnish such records
14        directly to USEPA along with a claim of
15        confidentiality.
16            vi. Duty to pay fees. The permittee must pay fees
17        to the Agency consistent with the fee schedule approved
18        pursuant to subsection 18 of this Section, and submit
19        any information relevant thereto.
20            vii. Emissions trading. No permit revision shall
21        be required for increases in emissions allowed under
22        any approved economic incentives, marketable permits,
23        emissions trading, and other similar programs or
24        processes for changes that are provided for in the
25        permit and that are authorized by the applicable
26        requirement.

 

 

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1        p. Each CAAPP permit issued under subsection 10 of this
2    Section shall contain the following elements with respect
3    to compliance:
4            i. Compliance certification, testing, monitoring,
5        reporting, and record keeping requirements sufficient
6        to assure compliance with the terms and conditions of
7        the permit. Any document (including reports) required
8        by a CAAPP permit shall contain a certification by a
9        responsible official that meets the requirements of
10        subsection 5 of this Section and applicable
11        regulations.
12            ii. Inspection and entry requirements that
13        necessitate that, upon presentation of credentials and
14        other documents as may be required by law and in
15        accordance with constitutional limitations, the
16        permittee shall allow the Agency, or an authorized
17        representative to perform the following:
18                A. Enter upon the permittee's premises where a
19            CAAPP source is located or emissions-related
20            activity is conducted, or where records must be
21            kept under the conditions of the permit.
22                B. Have access to and copy, at reasonable
23            times, any records that must be kept under the
24            conditions of the permit.
25                C. Inspect at reasonable times any facilities,
26            equipment (including monitoring and air pollution

 

 

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1            control equipment), practices, or operations
2            regulated or required under the permit.
3                D. Sample or monitor any substances or
4            parameters at any location:
5                    1. As authorized by the Clean Air Act, at
6                reasonable times, for the purposes of assuring
7                compliance with the CAAPP permit or applicable
8                requirements; or
9                    2. As otherwise authorized by this Act.
10            iii. A schedule of compliance consistent with
11        subsection 5 of this Section and applicable
12        regulations.
13            iv. Progress reports consistent with an applicable
14        schedule of compliance pursuant to paragraph(d) of
15        subsection 5 of this Section and applicable
16        regulations to be submitted semiannually, or more
17        frequently if the Agency determines that such more
18        frequent submittals are necessary for compliance with
19        the Act or regulations promulgated by the Board
20        thereunder. Such progress reports shall contain the
21        following:
22                A. Required dates for achieving the
23            activities, milestones, or compliance required by
24            the schedule of compliance and dates when such
25            activities, milestones or compliance were
26            achieved.

 

 

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1                B. An explanation of why any dates in the
2            schedule of compliance were not or will not be met,
3            and any preventive or corrective measures adopted.
4            v. Requirements for compliance certification with
5        terms and conditions contained in the permit,
6        including emission limitations, standards, or work
7        practices. Permits shall include each of the
8        following:
9                A. The frequency (annually or more frequently
10            as specified in any applicable requirement or by
11            the Agency pursuant to written procedures) of
12            submissions of compliance certifications.
13                B. A means for assessing or monitoring the
14            compliance of the source with its emissions
15            limitations, standards, and work practices.
16                C. A requirement that the compliance
17            certification include the following:
18                    1. The identification of each term or
19                condition contained in the permit that is the
20                basis of the certification.
21                    2. The compliance status.
22                    3. Whether compliance was continuous or
23                intermittent.
24                    4. The method(s) used for determining the
25                compliance status of the source, both
26                currently and over the reporting period

 

 

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1                consistent with subsection 7 of this Section.
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 Section 7.1 and
25    subsection (a) of Section 7 of this Act.
26        b. The Agency shall prepare a draft CAAPP permit and a

 

 

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1    statement that sets forth the legal and factual basis for
2    the draft CAAPP permit conditions, including references to
3    the applicable statutory or regulatory provisions. The
4    Agency shall provide this statement to any person who
5    requests it.
6        c. The Agency shall give notice of each draft CAAPP
7    permit to the applicant and to any affected State on or
8    before the time that the Agency has provided notice to the
9    public, except as otherwise provided in this Act.
10        d. The Agency, as part of its submittal of a proposed
11    permit to USEPA (or as soon as possible after the submittal
12    for minor permit modification procedures allowed under
13    subsection 14 of this Section), shall notify USEPA and any
14    affected State in writing of any refusal of the Agency to
15    accept all of the recommendations for the proposed permit
16    that an affected State submitted during the public or
17    affected State review period. The notice shall include the
18    Agency's reasons for not accepting the recommendations.
19    The Agency is not required to accept recommendations that
20    are not based on applicable requirements or the
21    requirements of this Section.
22        e. The Agency shall make available to the public any
23    CAAPP permit application, compliance plan (including the
24    schedule of compliance), CAAPP permit, and emissions or
25    compliance monitoring report. If an owner or operator of a
26    CAAPP source is required to submit information entitled to

 

 

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1    protection from disclosure under Section 7.1 and
2    subsection (a) of Section 7 of this Act, the owner or
3    operator shall submit such information separately. The
4    requirements of Section 7.1 and subsection (a) of Section 7
5    of this Act shall apply to such information, which shall
6    not be included in a CAAPP permit unless required by law.
7    The contents of a CAAPP permit shall not be entitled to
8    protection under Section 7.1 and subsection (a) of Section
9    7 of this Act.
10        f. 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        g. If requested by the permit applicant, the Agency
15    shall provide the permit applicant with a copy of the draft
16    CAAPP permit prior to any public review period. If
17    requested by the permit applicant, the Agency shall provide
18    the permit applicant with a copy of the final CAAPP permit
19    prior to issuance of the CAAPP permit.
 
20    9. USEPA Notice and Objection.
21        a. The Agency shall provide to USEPA for its review a
22    copy of each CAAPP application (including any application
23    for permit modification), statement of basis as provided in
24    paragraph(b) of subsection 8 of this Section, proposed
25    CAAPP permit, CAAPP permit, and, if the Agency does not

 

 

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1    incorporate any affected State's recommendations on a
2    proposed CAAPP permit, a written statement of this decision
3    and its reasons for not accepting the recommendations,
4    except as otherwise provided in this Act or by agreement
5    with USEPA. To the extent practicable, the preceding
6    information shall be provided in computer readable format
7    compatible with USEPA's national database management
8    system.
9        b. The Agency shall not issue the proposed CAAPP permit
10    if USEPA objects in writing within 45 days after receipt of
11    the proposed CAAPP permit and all necessary supporting
12    information.
13        c. If USEPA objects in writing to the issuance of the
14    proposed CAAPP permit within the 45-day period, the Agency
15    shall respond in writing and may revise and resubmit the
16    proposed CAAPP permit in response to the stated objection,
17    to the extent supported by the record, within 90 days after
18    the date of the objection. Prior to submitting a revised
19    permit to USEPA, the Agency shall provide the applicant and
20    any person who participated in the public comment process,
21    pursuant to subsection 8 of this Section, with a 10-day
22    period to comment on any revision which the Agency is
23    proposing to make to the permit in response to USEPA's
24    objection in accordance with Agency procedures.
25        d. Any USEPA objection under this subsection,
26    according to the Clean Air Act, will include a statement of

 

 

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1    reasons for the objection and a description of the terms
2    and conditions that must be in the permit, in order to
3    adequately respond to the objections. Grounds for a USEPA
4    objection include the failure of the Agency to: (1) submit
5    the items and notices required under this subsection; (2)
6    submit any other information necessary to adequately
7    review the proposed CAAPP permit; or (3) process the permit
8    under subsection 8 of this Section except for minor permit
9    modifications.
10        e. If USEPA does not object in writing to issuance of a
11    permit under this subsection, any person may petition USEPA
12    within 60 days after expiration of the 45-day review period
13    to make such objection.
14        f. If the permit has not yet been issued and USEPA
15    objects to the permit as a result of a petition, the Agency
16    shall not issue the permit until USEPA's objection has been
17    resolved. The Agency shall provide a 10-day comment period
18    in accordance with paragraph c of this subsection. A
19    petition does not, however, stay the effectiveness of a
20    permit or its requirements if the permit was issued after
21    expiration of the 45-day review period and prior to a USEPA
22    objection.
23        g. If the Agency has issued a permit after expiration
24    of the 45-day review period and prior to receipt of a USEPA
25    objection under this subsection in response to a petition
26    submitted pursuant to paragraph e of this subsection, the

 

 

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1    Agency may, upon receipt of an objection from USEPA, revise
2    and resubmit the permit to USEPA pursuant to this
3    subsection after providing a 10-day comment period in
4    accordance with paragraph c of this subsection. If the
5    Agency fails to submit a revised permit in response to the
6    objection, USEPA shall modify, terminate or revoke the
7    permit. In any case, the source will not be in violation of
8    the requirement to have submitted a timely and complete
9    application.
10        h. 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    10. Final Agency Action.
15        a. The Agency shall issue a CAAPP permit, permit
16    modification, or permit renewal if all of the following
17    conditions are met:
18            i. The applicant has submitted a complete and
19        certified application for a permit, permit
20        modification, or permit renewal consistent with
21        subsections 5 and 14 of this Section, as applicable,
22        and applicable regulations.
23            ii. The applicant has submitted with its complete
24        application an approvable compliance plan, including a
25        schedule for achieving compliance, consistent with

 

 

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1        subsection 5 of this Section and applicable
2        regulations.
3            iii. The applicant has timely paid the fees
4        required pursuant to subsection 18 of this Section and
5        applicable regulations.
6            iv. The Agency has received a complete CAAPP
7        application and, if necessary, has requested and
8        received additional information from the applicant
9        consistent with subsection 5 of this Section and
10        applicable regulations.
11            v. The Agency has complied with all applicable
12        provisions regarding public notice and affected State
13        review consistent with subsection 8 of this Section and
14        applicable regulations.
15            vi. The Agency has provided a copy of each CAAPP
16        application, or summary thereof, pursuant to agreement
17        with USEPA and proposed CAAPP permit required under
18        subsection 9 of this Section to USEPA, and USEPA has
19        not objected to the issuance of the permit in
20        accordance with the Clean Air Act and 40 CFR Part 70.
21        b. The Agency shall have the authority to deny a CAAPP
22    permit, permit modification, or permit renewal if the
23    applicant has not complied with the requirements of
24    subparagraphs (i) through (iv) of paragraph (a) of this
25    subsection or if USEPA objects to its issuance.
26        c. i. Prior to denial of a CAAPP permit, permit

 

 

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1        modification, or permit renewal under this Section,
2        the Agency shall notify the applicant of the possible
3        denial and the reasons for the denial.
4            ii. Within such notice, the Agency shall specify an
5        appropriate date by which the applicant shall
6        adequately respond to the Agency's notice. Such date
7        shall not exceed 15 days from the date the notification
8        is received by the applicant. The Agency may grant a
9        reasonable extension for good cause shown.
10            iii. Failure by the applicant to adequately
11        respond by the date specified in the notification or by
12        any granted extension date shall be grounds for denial
13        of the permit.
14            For purposes of obtaining judicial review under
15        Sections 40.2 and 41 of this Act, the Agency shall
16        provide to USEPA and each applicant, and, upon request,
17        to affected States, any person who participated in the
18        public comment process, and any other person who could
19        obtain judicial review under Sections 40.2 and 41 of
20        this Act, a copy of each CAAPP permit or notification
21        of denial pertaining to that party.
22        d. The Agency shall have the authority to adopt
23    procedural rules, in accordance with the Illinois
24    Administrative Procedure Act, as the Agency deems
25    necessary, to implement this subsection.
 

 

 

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1    11. General Permits.
2        a. The Agency may issue a general permit covering
3    numerous similar sources, except for affected sources for
4    acid deposition unless otherwise provided in regulations
5    promulgated under Title IV of the Clean Air Act.
6        b. The Agency shall identify, in any general permit,
7    criteria by which sources may qualify for the general
8    permit.
9        c. CAAPP sources that would qualify for a general
10    permit must apply for coverage under the terms of the
11    general permit or must apply for a CAAPP permit consistent
12    with subsection 5 of this Section and applicable
13    regulations.
14        d. The Agency shall comply with the public comment and
15    hearing provisions of this Section as well as the USEPA and
16    affected State review procedures prior to issuance of a
17    general permit.
18        e. When granting a subsequent request by a qualifying
19    CAAPP source for coverage under the terms of a general
20    permit, the Agency shall not be required to repeat the
21    public notice and comment procedures. The granting of such
22    request shall not be considered a final permit action for
23    purposes of judicial review.
24        f. The Agency may not issue a general permit to cover
25    any discrete emission unit at a CAAPP source if another
26    CAAPP permit covers emission units at the source.

 

 

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1        g. The Agency shall have the authority to adopt
2    procedural rules, in accordance with the Illinois
3    Administrative Procedure Act, as the Agency deems
4    necessary, to implement this subsection.
 
5    12. Operational Flexibility.
6        a. An owner or operator of a CAAPP source may make
7    changes at the CAAPP source without requiring a prior
8    permit revision, consistent with subparagraphs (i) through
9    (iii) of paragraph (a) of this subsection, so long as the
10    changes are not modifications under any provision of Title
11    I of the Clean Air Act and they do not exceed the emissions
12    allowable under the permit (whether expressed therein as a
13    rate of emissions or in terms of total emissions), provided
14    that the owner or operator of the CAAPP source provides
15    USEPA and the Agency with written notification as required
16    below in advance of the proposed changes, which shall be a
17    minimum of 7 days, unless otherwise provided by the Agency
18    in applicable regulations regarding emergencies. The owner
19    or operator of a CAAPP source and the Agency shall each
20    attach such notice to their copy of the relevant permit.
21            i. An owner or operator of a CAAPP source may make
22        Section 502 (b) (10) changes without a permit revision,
23        if the changes are not modifications under any
24        provision of Title I of the Clean Air Act and the
25        changes do not exceed the emissions allowable under the

 

 

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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(j)
10            of subsection 7 of this Section shall not apply to
11            any change 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(ii) of paragraph
20            (a) of this subsection, the written notification
21            required above shall include such information as
22            may be required by the provision in the applicable
23            implementation plan authorizing the emissions
24            trade, including at a minimum, when the proposed
25            changes will occur, a description of each such
26            change, any change in emissions, the permit

 

 

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1            requirements with which the source will comply
2            using the emissions trading provisions of the
3            applicable implementation plan, and the pollutants
4            emitted subject to the emissions trade. The notice
5            shall also refer to the provisions in the
6            applicable implementation plan with which the
7            source will comply and provide for the emissions
8            trade.
9                B. The permit shield described in paragraph(j)
10            of subsection 7 of this Section shall not apply to
11            any change made pursuant to subparagraph (ii) of
12            paragraph (a) of this subsection. Compliance with
13            the permit requirements that the source will meet
14            using the emissions trade shall be determined
15            according to the requirements of the applicable
16            implementation plan authorizing the emissions
17            trade.
18            iii. If requested within a CAAPP application, the
19        Agency shall issue a CAAPP permit which contains terms
20        and conditions, including all terms required under
21        subsection 7 of this Section to determine compliance,
22        allowing for the trading of emissions increases and
23        decreases at the CAAPP source solely for the purpose of
24        complying with a federally-enforceable emissions cap
25        that is established in the permit independent of
26        otherwise applicable requirements. The owner or

 

 

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1        operator of a CAAPP source shall include in its CAAPP
2        application proposed replicable procedures and permit
3        terms that ensure the emissions trades are
4        quantifiable and enforceable. The permit shall also
5        require compliance with all applicable requirements.
6                A. Under this subparagraph(iii) of paragraph
7            (a), the written notification required above shall
8            state when the change will occur and shall describe
9            the changes in emissions that will result and how
10            these increases and decreases in emissions will
11            comply with the terms and conditions of the permit.
12                B. The permit shield described in paragraph(j)
13            of subsection 7 of this Section shall extend to
14            terms and conditions that allow such increases and
15            decreases in emissions.
16        b. An owner or operator of a CAAPP source may make
17    changes that are not addressed or prohibited by the permit,
18    other than those which are subject to any requirements
19    under Title IV of the Clean Air Act or are modifications
20    under any provisions of Title I of the Clean Air Act,
21    without a permit revision, in accordance with the following
22    requirements:
23            (i) Each such change shall meet all applicable
24        requirements and shall not violate any existing permit
25        term or condition;
26            (ii) Sources must provide contemporaneous written

 

 

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1        notice to the Agency and USEPA of each such change,
2        except for changes that qualify as insignificant under
3        provisions adopted by the Agency or the Board. Such
4        written notice shall describe each such change,
5        including the date, any change in emissions,
6        pollutants emitted, and any applicable requirement
7        that would apply as a result of the change;
8            (iii) The change shall not qualify for the shield
9        described in paragraph (j) of subsection 7 of this
10        Section; and
11            (iv) The permittee shall keep a record describing
12        changes made at the source that result in emissions of
13        a regulated air pollutant subject to an applicable
14        Clean Air Act requirement, but not otherwise regulated
15        under the permit, and the emissions resulting from
16        those changes.
17        c. 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    13. Administrative Permit Amendments.
22        a. The Agency shall take final action on a request for
23    an administrative permit amendment within 60 days after
24    receipt of the request. Neither notice nor an opportunity
25    for public and affected State comment shall be required for

 

 

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1    the Agency to incorporate such revisions, provided it
2    designates the permit revisions as having been made
3    pursuant to this subsection.
4        b. The Agency shall submit a copy of the revised permit
5    to USEPA.
6        c. For purposes of this Section the term
7    "administrative permit amendment" shall be defined as a
8    permit revision that can accomplish one or more of the
9    changes described below:
10            i. Corrects typographical errors;
11            ii. Identifies a change in the name, address, or
12        phone number of any person identified in the permit, or
13        provides a similar minor administrative change at the
14        source;
15            iii. Requires more frequent monitoring or
16        reporting by the permittee;
17            iv. Allows for a change in ownership or operational
18        control of a source where the Agency determines that no
19        other change in the permit is necessary, provided that
20        a written agreement containing a specific date for
21        transfer of permit responsibility, coverage, and
22        liability between the current and new permittees has
23        been submitted to the Agency;
24            v. Incorporates into the CAAPP permit the
25        requirements from preconstruction review permits
26        authorized under a USEPA-approved program, provided

 

 

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1        the program meets procedural and compliance
2        requirements substantially equivalent to those
3        contained in this Section;
4            vi. (Blank); or
5            vii. Any other type of change which USEPA has
6        determined as part of the approved CAAPP permit program
7        to be similar to those included in this subsection.
8        d. The Agency shall, upon taking final action granting
9    a request for an administrative permit amendment, allow
10    coverage by the permit shield in paragraph(j) of subsection
11    7 of this Section for administrative permit amendments made
12    pursuant to subparagraph(v) of paragraph (c) of this
13    subsection which meet the relevant requirements for
14    significant permit modifications.
15        e. Permit revisions and modifications, including
16    administrative amendments and automatic amendments
17    (pursuant to Sections 408(b) and 403(d) of the Clean Air
18    Act or regulations promulgated thereunder), for purposes
19    of the acid rain portion of the permit shall be governed by
20    the regulations promulgated under Title IV of the Clean Air
21    Act. Owners or operators of affected sources for acid
22    deposition shall have the flexibility to amend their
23    compliance plans as provided in the regulations
24    promulgated under Title IV of the Clean Air Act.
25        f. The CAAPP source may implement the changes addressed
26    in the request for an administrative permit amendment

 

 

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1    immediately upon submittal of the request.
2        g. 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    14. Permit Modifications.
7        a. Minor permit modification procedures.
8            i. The Agency shall review a permit modification
9        using the "minor permit" modification procedures only
10        for those permit modifications that:
11                A. Do not violate any applicable requirement;
12                B. Do not involve significant changes to
13            existing monitoring, reporting, or recordkeeping
14            requirements in the permit;
15                C. Do not require a case-by-case determination
16            of an emission limitation or other standard, or a
17            source-specific determination of ambient impacts,
18            or a visibility or increment analysis;
19                D. Do not seek to establish or change a permit
20            term or condition for which there is no
21            corresponding underlying requirement and which
22            avoids an applicable requirement to which the
23            source would otherwise be subject. Such terms and
24            conditions include:
25                    1. A federally enforceable emissions cap

 

 

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1                assumed to avoid classification as a
2                modification under any provision of Title I of
3                the Clean Air Act; and
4                    2. An alternative emissions limit approved
5                pursuant to regulations promulgated under
6                Section 112(i)(5) of the Clean Air Act;
7                E. Are not modifications under any provision
8            of Title I of the Clean Air Act; and
9                F. Are not required to be processed as a
10            significant modification.
11            ii. Notwithstanding subparagraph(i) of paragraph
12        (a) and subparagraph(ii) of paragraph (b) of this
13        subsection, minor permit modification procedures may
14        be used for permit modifications involving the use of
15        economic incentives, marketable permits, emissions
16        trading, and other similar approaches, to the extent
17        that such minor permit modification procedures are
18        explicitly provided for in an applicable
19        implementation plan or in applicable requirements
20        promulgated by USEPA.
21            iii. An applicant requesting the use of minor
22        permit modification procedures shall meet the
23        requirements of subsection 5 of this Section and shall
24        include the following in its application:
25                A. A description of the change, the emissions
26            resulting from the change, and any new applicable

 

 

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1            requirements that will apply if the change occurs;
2                B. The source's suggested draft permit;
3                C. Certification by a responsible official,
4            consistent with paragraph(e) of subsection 5 of
5            this Section and applicable regulations, that the
6            proposed modification meets the criteria for use
7            of minor permit modification procedures and a
8            request that such procedures be used; and
9                D. Completed forms for the Agency to use to
10            notify USEPA and affected States as required under
11            subsections 8 and 9 of this Section.
12            iv. Within 5 working days after receipt of a
13        complete permit modification application, the Agency
14        shall notify USEPA and affected States of the requested
15        permit modification in accordance with subsections 8
16        and 9 of this Section. The Agency promptly shall send
17        any notice required under paragraph(d) of subsection 8
18        of this Section to USEPA.
19            v. The Agency may not issue a final permit
20        modification until after the 45-day review period for
21        USEPA or until USEPA has notified the Agency that USEPA
22        will not object to the issuance of the permit
23        modification, whichever comes first, although the
24        Agency can approve the permit modification prior to
25        that time. Within 90 days after the Agency's receipt of
26        an application under the minor permit modification

 

 

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1        procedures or 15 days after the end of USEPA's 45-day
2        review period under subsection 9 of this Section,
3        whichever is later, the Agency shall:
4                A. Issue the permit modification as proposed;
5                B. Deny the permit modification application;
6                C. Determine that the requested modification
7            does not meet the minor permit modification
8            criteria and should be reviewed under the
9            significant modification procedures; or
10                D. Revise the draft permit modification and
11            transmit to USEPA the new proposed permit
12            modification as required by subsection 9 of this
13            Section.
14            vi. Any CAAPP source may make the change proposed
15        in its minor permit modification application
16        immediately after it files such application. After the
17        CAAPP source makes the change allowed by the preceding
18        sentence, and until the Agency takes any of the actions
19        specified in items(A) through(C) of subparagraph (v)
20        of paragraph (a) of this subsection, the source must
21        comply with both the applicable requirements governing
22        the change and the proposed permit terms and
23        conditions. During this time period, the source need
24        not comply with the existing permit terms and
25        conditions it seeks to modify. If the source fails to
26        comply with its proposed permit terms and conditions

 

 

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

 

 

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

 

 

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1            the criteria for use of group processing
2            procedures and a request that such procedures be
3            used.
4                D. A list of the source's other pending
5            applications awaiting group processing, and a
6            determination of whether the requested
7            modification, aggregated with these other
8            applications, equals or exceeds the threshold set
9            under item(B) of subparagraph (ii) of paragraph
10            (b) of this subsection.
11                E. Certification, consistent with paragraph(e)
12            of subsection 5 of this Section, that the source
13            has notified USEPA of the proposed modification.
14            Such notification need only contain a brief
15            description of the requested modification.
16                F. Completed forms for the Agency to use to
17            notify USEPA and affected states as required under
18            subsections 8 and 9 of this Section.
19            iv. On a quarterly basis or within 5 business days
20        after receipt of an application demonstrating that the
21        aggregate of a source's pending applications equals or
22        exceeds the threshold level set forth within item (B)
23        of subparagraph (ii) of paragraph (b) of this
24        subsection, whichever is earlier, the Agency shall
25        promptly notify USEPA and affected States of the
26        requested permit modifications in accordance with

 

 

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1        subsections 8 and 9 of this Section. The Agency shall
2        send any notice required under paragraph(d) of
3        subsection 8 of this Section to USEPA.
4            v. The provisions of subparagraph(v) of paragraph
5        (a) of this subsection shall apply to modifications
6        eligible for group processing, except that the Agency
7        shall take one of the actions specified in items(A)
8        through (D) of subparagraph (v) of paragraph (a) of
9        this subsection within 180 days after receipt of the
10        application or 15 days after the end of USEPA's 45-day
11        review period under subsection 9 of this Section,
12        whichever is later.
13            vi. The provisions of subparagraph(vi) of
14        paragraph (a) of this subsection shall apply to
15        modifications for group processing.
16            vii. The provisions of paragraph(j) of subsection
17        7 of this Section shall not apply to modifications
18        eligible for group processing.
19        c. Significant Permit Modifications.
20            i. Significant modification procedures shall be
21        used for applications requesting significant permit
22        modifications and for those applications that do not
23        qualify as either minor permit modifications or as
24        administrative permit amendments.
25            ii. Every significant change in existing
26        monitoring permit terms or conditions and every

 

 

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1        relaxation of reporting or recordkeeping requirements
2        shall be considered significant. A modification shall
3        also be considered significant if in the judgment of
4        the Agency action on an application for modification
5        would require decisions to be made on technically
6        complex issues. Nothing herein shall be construed to
7        preclude the permittee from making changes consistent
8        with this Section that would render existing permit
9        compliance terms and conditions irrelevant.
10            iii. Significant permit modifications must meet
11        all the requirements of this Section, including those
12        for applications (including completeness review),
13        public participation, review by affected States, and
14        review by USEPA applicable to initial permit issuance
15        and permit renewal. The Agency shall take final action
16        on significant permit modifications within 9 months
17        after receipt of a complete application.
18        d. The Agency shall have the authority to adopt
19    procedural rules, in accordance with the Illinois
20    Administrative Procedure Act, as the Agency deems
21    necessary, to implement this subsection.
 
22    15. Reopenings for Cause by the Agency.
23        a. Each issued CAAPP permit shall include provisions
24    specifying the conditions under which the permit will be
25    reopened prior to the expiration of the permit. Such

 

 

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1    revisions shall be made as expeditiously as practicable. A
2    CAAPP permit shall be reopened and revised under any of the
3    following circumstances, in accordance with procedures
4    adopted by the Agency:
5            i. Additional requirements under the Clean Air Act
6        become applicable to a major CAAPP source for which 3
7        or more years remain on the original term of the
8        permit. Such a reopening shall be completed not later
9        than 18 months after the promulgation of the applicable
10        requirement. No such revision is required if the
11        effective date of the requirement is later than the
12        date on which the permit is due to expire.
13            ii. Additional requirements (including excess
14        emissions requirements) become applicable to an
15        affected source for acid deposition under the acid rain
16        program. Excess emissions offset plans shall be deemed
17        to be incorporated into the permit upon approval by
18        USEPA.
19            iii. The Agency or USEPA determines that the permit
20        contains a material mistake or that inaccurate
21        statements were made in establishing the emissions
22        standards, limitations, or other terms or conditions
23        of the permit.
24            iv. The Agency or USEPA determines that the permit
25        must be revised or revoked to assure compliance with
26        the applicable requirements.

 

 

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

 

 

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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
22    after 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

 

 

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1        before the Board setting forth USEPA's objection, the
2        permit record, the Agency's proposed determination,
3        and the justification for its proposed determination.
4        The Board shall conduct a hearing pursuant to the rules
5        prescribed by Section 32 of this Act, and the burden of
6        proof shall be on the Agency.
7            ii. After due consideration of the written and oral
8        statements, the testimony and arguments that shall be
9        submitted at hearing, the Board shall issue and enter
10        an interim order for the proposed determination, which
11        shall set forth all changes, if any, required in the
12        Agency's proposed determination. The interim order
13        shall comply with the requirements for final orders as
14        set forth in Section 33 of this Act. Issuance of an
15        interim order by the Board under this paragraph,
16        however, shall not affect the permit status and does
17        not constitute a final action for purposes of this Act
18        or the Administrative Review Law.
19            iii. The Board shall cause a copy of its interim
20        order to be served upon all parties to the proceeding
21        as well as upon USEPA. The Agency shall submit the
22        proposed determination to USEPA in accordance with the
23        Board's Interim Order within 180 days after receipt of
24        the notification from USEPA.
25        c. USEPA shall review the proposed determination to
26    terminate, modify, or revoke and reissue the permit within

 

 

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1    90 days after receipt.
2            i. When USEPA reviews the proposed determination
3        to terminate or revoke and reissue and does not object,
4        the Board shall, within 7 days after receipt of USEPA's
5        final approval, enter the interim order as a final
6        order. The final order may be appealed as provided by
7        Title XI of this Act. The Agency shall take final
8        action in accordance with the Board's final order.
9            ii. When USEPA reviews such proposed determination
10        to terminate or revoke and reissue and objects, the
11        Agency shall submit USEPA's objection and the Agency's
12        comments and recommendation on the objection to the
13        Board and permittee. The Board shall review its interim
14        order in response to USEPA's objection and the Agency's
15        comments and recommendation and issue a final order in
16        accordance with Sections 32 and 33 of this Act. The
17        Agency shall, within 90 days after receipt of such
18        objection, respond to USEPA's objection in accordance
19        with the Board's final order.
20            iii. When USEPA reviews such proposed
21        determination to modify and objects, the Agency shall,
22        within 90 days after receipt of the objection, resolve
23        the objection and modify the permit in accordance with
24        USEPA's objection, based upon the record, the Clean Air
25        Act, regulations promulgated thereunder, this Act, and
26        regulations promulgated thereunder.

 

 

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1        d. If the Agency fails to submit the proposed
2    determination pursuant to paragraph a of this subsection or
3    fails to resolve any USEPA objection pursuant to paragraph
4    c of this subsection, USEPA will terminate, modify, or
5    revoke and reissue the permit.
6        e. The Agency shall have the authority to adopt
7    procedural rules, in accordance with the Illinois
8    Administrative Procedure Act, as the Agency deems
9    necessary, to implement this subsection.
 
10    17. Title IV; Acid Rain Provisions.
11        a. The Agency shall act on initial CAAPP applications
12    for affected sources for acid deposition in accordance with
13    this Section and Title V of the Clean Air Act and
14    regulations promulgated thereunder, except as modified by
15    Title IV of the Clean Air Act and regulations promulgated
16    thereunder. The Agency shall issue initial CAAPP permits to
17    the affected sources for acid deposition which shall become
18    effective no earlier than January 1, 1995, and which shall
19    terminate on December 31, 1999, in accordance with this
20    Section. Subsequent CAAPP permits issued to affected
21    sources for acid deposition shall be issued for a fixed
22    term of 5 years. Title IV of the Clean Air Act and
23    regulations promulgated thereunder, including but not
24    limited to 40 C.F.R. Part 72, as now or hereafter amended,
25    are applicable to and enforceable under this Act.

 

 

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1        b. A designated representative of an affected source
2    for acid deposition shall submit a timely and complete
3    Phase II acid rain permit application and compliance plan
4    to the Agency, not later than January 1, 1996, that meets
5    the requirements of Titles IV and V of the Clean Air Act
6    and regulations. The Agency shall act on the Phase II acid
7    rain permit application and compliance plan in accordance
8    with this Section and Title V of the Clean Air Act and
9    regulations promulgated thereunder, except as modified by
10    Title IV of the Clean Air Act and regulations promulgated
11    thereunder. The Agency shall issue the Phase II acid rain
12    permit to an affected source for acid deposition no later
13    than December 31, 1997, which shall become effective on
14    January 1, 2000, in accordance with this Section, except as
15    modified by Title IV and regulations promulgated
16    thereunder; provided that the designated representative of
17    the source submitted a timely and complete Phase II permit
18    application and compliance plan to the Agency that meets
19    the requirements of Title IV and V of the Clean Air Act and
20    regulations.
21        c. Each Phase II acid rain permit issued in accordance
22    with this subsection shall have a fixed term of 5 years.
23    Except as provided in paragraph b above, the Agency shall
24    issue or deny a Phase II acid rain permit within 18 months
25    of receiving a complete Phase II permit application and
26    compliance plan.

 

 

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1        d. A designated representative of a new unit, as
2    defined in Section 402 of the Clean Air Act, shall submit a
3    timely and complete Phase II acid rain permit application
4    and compliance plan that meets the requirements of Titles
5    IV and V of the Clean Air Act and its regulations. The
6    Agency shall act on the new unit's Phase II acid rain
7    permit application and compliance plan in accordance with
8    this Section and Title V of the Clean Air Act and its
9    regulations, except as modified by Title IV of the Clean
10    Air Act and its regulations. The Agency shall reopen the
11    new unit's CAAPP permit for cause to incorporate the
12    approved Phase II acid rain permit in accordance with this
13    Section. The Phase II acid rain permit for the new unit
14    shall become effective no later than the date required
15    under Title IV of the Clean Air Act and its regulations.
16        e. A designated representative of an affected source
17    for acid deposition shall submit a timely and complete
18    Title IV NOx permit application to the Agency, not later
19    than January 1, 1998, that meets the requirements of Titles
20    IV and V of the Clean Air Act and its regulations. The
21    Agency shall reopen the Phase II acid rain permit for cause
22    and incorporate the approved NOx provisions into the Phase
23    II acid rain permit not later than January 1, 1999, in
24    accordance with this Section, except as modified by Title
25    IV of the Clean Air Act and regulations promulgated
26    thereunder. Such reopening shall not affect the term of the

 

 

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1    Phase II acid rain permit.
2        f. The designated representative of the affected
3    source for acid deposition shall renew the initial CAAPP
4    permit and Phase II acid rain permit in accordance with
5    this Section and Title V of the Clean Air Act and
6    regulations promulgated thereunder, except as modified by
7    Title IV of the Clean Air Act and regulations promulgated
8    thereunder.
9        g. In the case of an affected source for acid
10    deposition for which a complete Phase II acid rain permit
11    application and compliance plan are timely received under
12    this subsection, the complete permit application and
13    compliance plan, including amendments thereto, shall be
14    binding on the owner, operator and designated
15    representative, all affected units for acid deposition at
16    the affected source, and any other unit, as defined in
17    Section 402 of the Clean Air Act, governed by the Phase II
18    acid rain permit application and shall be enforceable as an
19    acid rain permit for purposes of Titles IV and V of the
20    Clean Air Act, from the date of submission of the acid rain
21    permit application until a Phase II acid rain permit is
22    issued or denied by the Agency.
23        h. The Agency shall not include or implement any
24    measure which would interfere with or modify the
25    requirements of Title IV of the Clean Air Act or
26    regulations promulgated thereunder.

 

 

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

 

 

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

 

 

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1    of subsection 18. However, a source that has been excluded
2    from the provisions of this Section under subsection 1.1 or
3    under paragraph (c) of subsection 3 of this Section because
4    the source emits less than 25 tons per year of any
5    combination of regulated air pollutants, except greenhouse
6    gases, shall pay fees in accordance with paragraph (1) of
7    subsection (b) of Section 9.6.
8            i. The fee for a source allowed to emit less than
9        100 tons per year of any combination of regulated air
10        pollutants, except greenhouse gases, shall be $1,800
11        per year, and that fee shall increase, beginning
12        January 1, 2012, to $2,150 per year.
13            ii. The fee for a source allowed to emit 100 tons
14        or more per year of any combination of regulated air
15        pollutants, except greenhouse gases and those
16        regulated air pollutants excluded in paragraph(f) of
17        this subsection 18, shall be as follows:
18                A. The Agency shall assess a fee of $18 per
19            ton, per year for the allowable emissions of
20            regulated air pollutants subject to this
21            subparagraph (ii) of paragraph (a) of subsection
22            18, and that fee shall increase, beginning January
23            1, 2012, to $21.50 per ton, per year. These fees
24            shall be used by the Agency and the Board to fund
25            the activities required by Title V of the Clean Air
26            Act including such activities as may be carried out

 

 

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1            by other State or local agencies pursuant to
2            paragraph (d) of this subsection. The amount of
3            such fee shall be based on the information supplied
4            by the applicant in its complete CAAPP permit
5            application or in the CAAPP permit if the permit
6            has been granted and shall be determined by the
7            amount of emissions that the source is allowed to
8            emit annually, provided however, that the maximum
9            fee for a CAAPP permit under this subparagraph (ii)
10            of paragraph (a) of subsection 18 is $250,000, and
11            increases, beginning January 1, 2012, to $294,000.
12            Beginning January 1, 2012, the maximum fee under
13            this subparagraph (ii) of paragraph (a) of
14            subsection 18 for a source that has been excluded
15            under subsection 1.1 of this Section or under
16            paragraph (c) of subsection 3 of this Section is
17            $4,112. The Agency shall provide as part of the
18            permit application form required under subsection
19            5 of this Section a separate fee calculation form
20            which will allow the applicant to identify the
21            allowable emissions and calculate the fee. In no
22            event shall the Agency raise the amount of
23            allowable emissions requested by the applicant
24            unless such increases are required to demonstrate
25            compliance with terms of a CAAPP permit.
26                Notwithstanding the above, any applicant may

 

 

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1            seek a change in its permit which would result in
2            increases in allowable emissions due to an
3            increase in the hours of operation or production
4            rates of an emission unit or units and such a
5            change shall be consistent with the construction
6            permit requirements of the existing State permit
7            program, under subsection (a) of Section 39 of this
8            Act and applicable provisions of this Section.
9            Where a construction permit is required, the
10            Agency shall expeditiously grant such construction
11            permit and shall, if necessary, modify the CAAPP
12            permit based on the same application.
13                B. The applicant or permittee may pay the fee
14            annually or semiannually for those fees greater
15            than $5,000. However, any applicant paying a fee
16            equal to or greater than $100,000 shall pay the
17            full amount on July 1, for the subsequent fiscal
18            year, or pay 50% of the fee on July 1 and the
19            remaining 50% by the next January 1. The Agency may
20            change any annual billing date upon reasonable
21            notice, but shall prorate the new bill so that the
22            permittee or applicant does not pay more than its
23            required fees for the fee period for which payment
24            is made.
25        b. (Blank).
26        c. (Blank).

 

 

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1        d. There is hereby created in the State Treasury a
2    special fund to be known as the "CAA Permit Fund". All
3    Funds collected by the Agency pursuant to this subsection
4    shall be deposited into the Fund. The General Assembly
5    shall appropriate monies from this Fund to the Agency and
6    to the Board to carry out their obligations under this
7    Section. The General Assembly may also authorize monies to
8    be granted by the Agency from this Fund to other State and
9    local agencies which perform duties related to the CAAPP.
10    Interest generated on the monies deposited in this Fund
11    shall be returned to the Fund.
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        f. For purposes of this subsection, the term "regulated
17    air pollutant" shall have the meaning given to it under
18    subsection 1 of this Section but shall exclude the
19    following:
20            i. carbon monoxide;
21            ii. any Class I or II substance which is a
22        regulated air pollutant solely because it is listed
23        pursuant to Section 602 of the Clean Air Act; and
24            iii. any pollutant that is a regulated air
25        pollutant solely because it is subject to a standard or
26        regulation under Section 112(r) of the Clean Air Act

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    and include conditions assuring compliance with all
2    applicable requirements at all authorized locations and
3    requirements that the owner or operator notify the Agency
4    at least 10 days in advance of each change in location.
 
5    22. Solid Waste Incineration Units.
6        a. A CAAPP permit for a solid waste incineration unit
7    combusting municipal waste subject to standards
8    promulgated under Section 129(e) of the Clean Air Act shall
9    be issued for a period of 12 years and shall be reviewed
10    every 5 years, unless the Agency requires more frequent
11    review through Agency procedures.
12        b. During the review in paragraph (a) of this
13    subsection, the Agency shall fully review the previously
14    submitted CAAPP permit application and corresponding
15    reports subsequently submitted to determine whether the
16    source is in compliance with all applicable requirements.
17        c. If the Agency determines that the source is not in
18    compliance with all applicable requirements it shall
19    revise the CAAPP permit as appropriate.
20        d. The Agency shall have the authority to adopt
21    procedural rules, in accordance with the Illinois
22    Administrative Procedure Act, as the Agency deems
23    necessary, to implement this subsection.
24(Source: P.A. 97-95, eff. 7-12-11.)
 
25    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.