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92_HB3373eng HB3373 Engrossed LRB9201352LDprB 1 AN ACT in relation to environmental matters. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Environmental Protection Act is amended 5 by changing Sections 39.5, 54.12, 54.13, and 55.3 as follows: 6 (415 ILCS 5/39.5) (from Ch. 111 1/2, par. 1039.5) 7 Sec. 39.5. Clean Air Act Permit Program. 8 1. Definitions. 9 For purposes of this Section: 10 "Administrative permit amendment" means a permit revision 11 subject to subsection 13 of this Section. 12 "Affected source for acid deposition" means a source that 13 includes one or more affected units under Title IV of the 14 Clean Air Act. 15 "Affected States" for purposes of formal distribution of 16 a draft CAAPP permit to other States for comments prior to 17 issuance, means all States: 18 (1) Whose air quality may be affected by the source 19 covered by the draft permit and that are contiguous to 20 Illinois; or 21 (2) That are within 50 miles of the source. 22 "Affected unit for acid deposition" shall have the 23 meaning given to the term "affected unit" in the regulations 24 promulgated under Title IV of the Clean Air Act. 25 "Applicable Clean Air Act requirement" means all of the 26 following as they apply to emissions units in a source 27 (including regulations that have been promulgated or approved 28 by USEPA pursuant to the Clean Air Act which directly impose 29 requirements upon a source and other such federal 30 requirements which have been adopted by the Board. These may 31 include requirements and regulations which have future HB3373 Engrossed -2- LRB9201352LDprB 1 effective compliance dates. Requirements and regulations 2 will be exempt if USEPA determines that such requirements 3 need not be contained in a Title V permit): 4 (1) Any standard or other requirement provided for 5 in the applicable state implementation plan approved or 6 promulgated by USEPA under Title I of the Clean Air Act 7 that implement the relevant requirements of the Clean Air 8 Act, including any revisions to the state Implementation 9 Plan promulgated in 40 CFR Part 52, Subparts A and O and 10 other subparts applicable to Illinois. For purposes of 11 this subsection (1) of this definition, "any standard or 12 other requirement" shall mean only such standards or 13 requirements directly enforceable against an individual 14 source under the Clean Air Act. 15 (2)(i) Any term or condition of any preconstruction 16 permits issued pursuant to regulations approved or 17 promulgated by USEPA under Title I of the Clean Air 18 Act, including Part C or D of the Clean Air Act. 19 (ii) Any term or condition as required 20 pursuant to Section 39.5 of any federally 21 enforceable State operating permit issued pursuant 22 to regulations approved or promulgated by USEPA 23 under Title I of the Clean Air Act, including Part C 24 or D of the Clean Air Act. 25 (3) Any standard or other requirement under Section 26 111 of the Clean Air Act, including Section 111(d). 27 (4) Any standard or other requirement under Section 28 112 of the Clean Air Act, including any requirement 29 concerning accident prevention under Section 112(r)(7) of 30 the Clean Air Act. 31 (5) Any standard or other requirement of the acid 32 rain program under Title IV of the Clean Air Act or the 33 regulations promulgated thereunder. 34 (6) Any requirements established pursuant to HB3373 Engrossed -3- LRB9201352LDprB 1 Section 504(b) or Section 114(a)(3) of the Clean Air Act. 2 (7) Any standard or other requirement governing 3 solid waste incineration, under Section 129 of the Clean 4 Air Act. 5 (8) Any standard or other requirement for consumer 6 and commercial products, under Section 183(e) of the 7 Clean Air Act. 8 (9) Any standard or other requirement for tank 9 vessels, under Section 183(f) of the Clean Air Act. 10 (10) Any standard or other requirement of the 11 program to control air pollution from Outer Continental 12 Shelf sources, under Section 328 of the Clean Air Act. 13 (11) Any standard or other requirement of the 14 regulations promulgated to protect stratospheric ozone 15 under Title VI of the Clean Air Act, unless USEPA has 16 determined that such requirements need not be contained 17 in a Title V permit. 18 (12) Any national ambient air quality standard or 19 increment or visibility requirement under Part C of Title 20 I of the Clean Air Act, but only as it would apply to 21 temporary sources permitted pursuant to Section 504(e) of 22 the Clean Air Act. 23 "Applicable requirement" means all applicable Clean Air 24 Act requirements and any other standard, limitation, or other 25 requirement contained in this Act or regulations promulgated 26 under this Act as applicable to sources of air contaminants 27 (including requirements that have future effective compliance 28 dates). 29 "CAAPP" means the Clean Air Act Permit Program, developed 30 pursuant to Title V of the Clean Air Act. 31 "CAAPP application" means an application for a CAAPP 32 permit. 33 "CAAPP Permit" or "permit" (unless the context suggests 34 otherwise) means any permit issued, renewed, amended, HB3373 Engrossed -4- LRB9201352LDprB 1 modified or revised pursuant to Title V of the Clean Air Act. 2 "CAAPP source" means any source for which the owner or 3 operator is required to obtain a CAAPP permit pursuant to 4 subsection 2 of this Section. 5 "Clean Air Act" means the Clean Air Act, as now and 6 hereafter amended, 42 U.S.C. 7401, et seq. 7 "Designated representative" shall have the meaning given 8 to it in Section 402(26) of the Clean Air Act and the 9 regulations promulgated thereunder which states that the term 10 'designated representative' shall mean a responsible person 11 or official authorized by the owner or operator of a unit to 12 represent the owner or operator in all matters pertaining to 13 the holding, transfer, or disposition of allowances allocated 14 to a unit, and the submission of and compliance with permits, 15 permit applications, and compliance plans for the unit. 16 "Draft CAAPP permit" means the version of a CAAPP permit 17 for which public notice and an opportunity for public comment 18 and hearing is offered by the Agency. 19 "Effective date of the CAAPP" means the date that USEPA 20 approves Illinois' CAAPP. 21 "Emission unit" means any part or activity of a 22 stationary source that emits or has the potential to emit any 23 air pollutant. This term is not meant to alter or affect the 24 definition of the term "unit" for purposes of Title IV of the 25 Clean Air Act. 26 "Federally enforceable" means enforceable by USEPA. 27 "Final permit action" means the Agency's granting with 28 conditions, refusal to grant, renewal of, or revision of a 29 CAAPP permit, the Agency's determination of incompleteness of 30 a submitted CAAPP application, or the Agency's failure to act 31 on an application for a permit, permit renewal, or permit 32 revision within the time specified in paragraph 5(j), 33 subsection 13, or subsection 14 of this Section. 34 "General permit" means a permit issued to cover numerous HB3373 Engrossed -5- LRB9201352LDprB 1 similar sources in accordance with subsection 11 of this 2 Section. 3 "Major source" means a source for which emissions of one 4 or more air pollutants meet the criteria for major status 5 pursuant to paragraph 2(c) of this Section. 6 "Maximum achievable control technology" or "MACT" means 7 the maximum degree of reductions in emissions deemed 8 achievable under Section 112 of the Clean Air Act. 9 "Owner or operator" means any person who owns, leases, 10 operates, controls, or supervises a stationary source. 11 "Permit modification" means a revision to a CAAPP permit 12 that cannot be accomplished under the provisions for 13 administrative permit amendments under subsection 13 of this 14 Section. 15 "Permit revision" means a permit modification or 16 administrative permit amendment. 17 "Phase II" means the period of the national acid rain 18 program, established under Title IV of the Clean Air Act, 19 beginning January 1, 2000, and continuing thereafter. 20 "Phase II acid rain permit" means the portion of a CAAPP 21 permit issued, renewed, modified, or revised by the Agency 22 during Phase II for an affected source for acid deposition. 23 "Potential to emit" means the maximum capacity of a 24 stationary source to emit any air pollutant under its 25 physical and operational design. Any physical or operational 26 limitation on the capacity of a source to emit an air 27 pollutant, including air pollution control equipment and 28 restrictions on hours of operation or on the type or amount 29 of material combusted, stored, or processed, shall be treated 30 as part of its design if the limitation is enforceable by 31 USEPA. This definition does not alter or affect the use of 32 this term for any other purposes under the Clean Air Act, or 33 the term "capacity factor" as used in Title IV of the Clean 34 Air Act or the regulations promulgated thereunder. HB3373 Engrossed -6- LRB9201352LDprB 1 "Preconstruction Permit" or "Construction Permit" means a 2 permit which is to be obtained prior to commencing or 3 beginning actual construction or modification of a source or 4 emissions unit. 5 "Proposed CAAPP permit" means the version of a CAAPP 6 permit that the Agency proposes to issue and forwards to 7 USEPA for review in compliance with applicable requirements 8 of the Act and regulations promulgated thereunder. 9 "Regulated air pollutant" means the following: 10 (1) Nitrogen oxides (NOx) or any volatile organic 11 compound. 12 (2) Any pollutant for which a national ambient air 13 quality standard has been promulgated. 14 (3) Any pollutant that is subject to any standard 15 promulgated under Section 111 of the Clean Air Act. 16 (4) Any Class I or II substance subject to a 17 standard promulgated under or established by Title VI of 18 the Clean Air Act. 19 (5) Any pollutant subject to a standard promulgated 20 under Section 112 or other requirements established under 21 Section 112 of the Clean Air Act, including Sections 22 112(g), (j) and (r). 23 (i) Any pollutant subject to requirements 24 under Section 112(j) of the Clean Air Act. Any 25 pollutant listed under Section 112(b) for which the 26 subject source would be major shall be considered to 27 be regulated 18 months after the date on which USEPA 28 was required to promulgate an applicable standard 29 pursuant to Section 112(e) of the Clean Air Act, if 30 USEPA fails to promulgate such standard. 31 (ii) Any pollutant for which the requirements 32 of Section 112(g)(2) of the Clean Air Act have been 33 met, but only with respect to the individual source 34 subject to Section 112(g)(2) requirement. HB3373 Engrossed -7- LRB9201352LDprB 1 "Renewal" means the process by which a permit is reissued 2 at the end of its term. 3 "Responsible official" means one of the following: 4 (1) For a corporation: a president, secretary, 5 treasurer, or vice-president of the corporation in charge 6 of a principal business function, or any other person who 7 performs similar policy or decision-making functions for 8 the corporation, or a duly authorized representative of 9 such person if the representative is responsible for the 10 overall operation of one or more manufacturing, 11 production, or operating facilities applying for or 12 subject to a permit and either (i) the facilities employ 13 more than 250 persons or have gross annual sales or 14 expenditures exceeding $25 million (in second quarter 15 1980 dollars), or (ii) the delegation of authority to 16 such representative is approved in advance by the Agency. 17 (2) For a partnership or sole proprietorship: a 18 general partner or the proprietor, respectively, or in 19 the case of a partnership in which all of the partners 20 are corporations, a duly authorized representative of the 21 partnership if the representative is responsible for the 22 overall operation of one or more manufacturing, 23 production, or operating facilities applying for or 24 subject to a permit and either (i) the facilities employ 25 more than 250 persons or have gross annual sales or 26 expenditures exceeding $25 million (in second quarter 27 1980 dollars), or (ii) the delegation of authority to 28 such representative is approved in advance by the Agency. 29 (3) For a municipality, State, Federal, or other 30 public agency: either a principal executive officer or 31 ranking elected official. For the purposes of this part, 32 a principal executive officer of a Federal agency 33 includes the chief executive officer having 34 responsibility for the overall operations of a principal HB3373 Engrossed -8- LRB9201352LDprB 1 geographic unit of the agency (e.g., a Regional 2 Administrator of USEPA). 3 (4) For affected sources for acid deposition: 4 (i) The designated representative shall be the 5 "responsible official" in so far as actions, 6 standards, requirements, or prohibitions under Title 7 IV of the Clean Air Act or the regulations 8 promulgated thereunder are concerned. 9 (ii) The designated representative may also be 10 the "responsible official" for any other purposes 11 with respect to air pollution control. 12 "Section 502(b)(10) changes" means changes that 13 contravene express permit terms. "Section 502(b)(10) changes" 14 do not include changes that would violate applicable 15 requirements or contravene federally enforceable permit terms 16 or conditions that are monitoring (including test methods), 17 recordkeeping, reporting, or compliance certification 18 requirements. 19 "Solid waste incineration unit" means a distinct 20 operating unit of any facility which combusts any solid waste 21 material from commercial or industrial establishments or the 22 general public (including single and multiple residences, 23 hotels, and motels). The term does not include incinerators 24 or other units required to have a permit under Section 3005 25 of the Solid Waste Disposal Act. The term also does not 26 include (A) materials recovery facilities (including primary 27 or secondary smelters) which combust waste for the primary 28 purpose of recovering metals, (B) qualifying small power 29 production facilities, as defined in Section 3(17)(C) of the 30 Federal Power Act (16 U.S.C. 769(17)(C)), or qualifying 31 cogeneration facilities, as defined in Section 3(18)(B) of 32 the Federal Power Act (16 U.S.C. 796(18)(B)), which burn 33 homogeneous waste (such as units which burn tires or used 34 oil, but not including refuse-derived fuel) for the HB3373 Engrossed -9- LRB9201352LDprB 1 production of electric energy or in the case of qualifying 2 cogeneration facilities which burn homogeneous waste for the 3 production of electric energy and steam or forms of useful 4 energy (such as heat) which are used for industrial, 5 commercial, heating or cooling purposes, or (C) air curtain 6 incinerators provided that such incinerators only burn wood 7 wastes, yard waste and clean lumber and that such air curtain 8 incinerators comply with opacity limitations to be 9 established by the USEPA by rule. 10 "Source" means any stationary source (or any group of 11 stationary sources) that are located on one or more 12 contiguous or adjacent properties that are under common 13 control of the same person (or persons under common control) 14 and that belongs to a single major industrial grouping. For 15 the purposes of defining "source," a stationary source or 16 group of stationary sources shall be considered part of a 17 single major industrial grouping if all of the pollutant 18 emitting activities at such source or group of sources 19 located on contiguous or adjacent properties and under common 20 control belong to the same Major Group (i.e., all have the 21 same two-digit code) as described in the Standard Industrial 22 Classification Manual, 1987, or such pollutant emitting 23 activities at a stationary source (or group of stationary 24 sources) located on contiguous or adjacent properties and 25 under common control constitute a support facility. The 26 determination as to whether any group of stationary sources 27 are located on contiguous or adjacent properties, and/or are 28 under common control, and/or whether the pollutant emitting 29 activities at such group of stationary sources constitute a 30 support facility shall be made on a case by case basis. 31 "Stationary source" means any building, structure, 32 facility, or installation that emits or may emit any 33 regulated air pollutant or any pollutant listed under Section 34 112(b) of the Clean Air Act. HB3373 Engrossed -10- LRB9201352LDprB 1 "Support facility" means any stationary source (or group 2 of stationary sources) that conveys, stores, or otherwise 3 assists to a significant extent in the production of a 4 principal product at another stationary source (or group of 5 stationary sources). A support facility shall be considered 6 to be part of the same source as the stationary source (or 7 group of stationary sources) that it supports regardless of 8 the 2-digit Standard Industrial Classification code for the 9 support facility. 10 "USEPA" means the Administrator of the United States 11 Environmental Protection Agency (USEPA) or a person 12 designated by the Administrator. 13 1.1. Exclusion From the CAAPP. 14 a. An owner or operator of a source which 15 determines that the source could be excluded from the 16 CAAPP may seek such exclusion prior to the date that the 17 CAAPP application for the source is due but in no case 18 later than 9 months after the effective date of the CAAPP 19 through the imposition of federally enforceable 20 conditions limiting the "potential to emit" of the source 21 to a level below the major source threshold for that 22 source as described in paragraph 2(c) of this Section, 23 within a State operating permit issued pursuant to 24 Section 39(a) of this Act. After such date, an exclusion 25 from the CAAPP may be sought under paragraph 3(c) of this 26 Section. 27 b. An owner or operator of a source seeking 28 exclusion from the CAAPP pursuant to paragraph (a) of 29 this subsection must submit a permit application 30 consistent with the existing State permit program which 31 specifically requests such exclusion through the 32 imposition of such federally enforceable conditions. 33 c. Upon such request, if the Agency determines that 34 the owner or operator of a source has met the HB3373 Engrossed -11- LRB9201352LDprB 1 requirements for exclusion pursuant to paragraph (a) of 2 this subsection and other applicable requirements for 3 permit issuance under Section 39(a) of this Act, the 4 Agency shall issue a State operating permit for such 5 source under Section 39(a) of this Act, as amended, and 6 regulations promulgated thereunder with federally 7 enforceable conditions limiting the "potential to emit" 8 of the source to a level below the major source threshold 9 for that source as described in paragraph 2(c) of this 10 Section. 11 d. The Agency shall provide an owner or operator of 12 a source which may be excluded from the CAAPP pursuant to 13 this subsection with reasonable notice that the owner or 14 operator may seek such exclusion. 15 e. The Agency shall provide such sources with the 16 necessary permit application forms. 17 2. Applicability. 18 a. Sources subject to this Section shall include: 19 i. Any major source as defined in paragraph 20 (c) of this subsection. 21 ii. Any source subject to a standard or other 22 requirements promulgated under Section 111 (New 23 Source Performance Standards) or Section 112 24 (Hazardous Air Pollutants) of the Clean Air Act, 25 except that a source is not required to obtain a 26 permit solely because it is subject to regulations 27 or requirements under Section 112(r) of the Clean 28 Air Act. 29 iii. Any affected source for acid deposition, 30 as defined in subsection 1 of this Section. 31 iv. Any other source subject to this Section 32 under the Clean Air Act or regulations promulgated 33 thereunder, or applicable Board regulations. 34 b. Sources exempted from this Section shall HB3373 Engrossed -12- LRB9201352LDprB 1 include: 2 i. All sources listed in paragraph (a) of this 3 subsection which are not major sources, affected 4 sources for acid deposition or solid waste 5 incineration units required to obtain a permit 6 pursuant to Section 129(e) of the Clean Air Act, 7 until the source is required to obtain a CAAPP 8 permit pursuant to the Clean Air Act or regulations 9 promulgated thereunder. 10 ii. Nonmajor sources subject to a standard or 11 other requirements subsequently promulgated by USEPA 12 under Section 111 or 112 of the Clean Air Act which 13 are determined by USEPA to be exempt at the time a 14 new standard is promulgated. 15 iii. All sources and source categories that 16 would be required to obtain a permit solely because 17 they are subject to Part 60, Subpart AAA - Standards 18 of Performance for New Residential Wood Heaters (40 19 CFR Part 60). 20 iv. All sources and source categories that 21 would be required to obtain a permit solely because 22 they are subject to Part 61, Subpart M - National 23 Emission Standard for Hazardous Air Pollutants for 24 Asbestos, Section 61.145 (40 CFR Part 61). 25 v. Any other source categories exempted by 26 USEPA regulations pursuant to Section 502(a) of the 27 Clean Air Act. 28 c. For purposes of this Section the term "major 29 source" means any source that is: 30 i. A major source under Section 112 of the 31 Clean Air Act, which is defined as: 32 A. For pollutants other than 33 radionuclides, any stationary source or group 34 of stationary sources located within a HB3373 Engrossed -13- LRB9201352LDprB 1 contiguous area and under common control that 2 emits or has the potential to emit, in the 3 aggregate, 10 tons per year (tpy) or more of 4 any hazardous air pollutant which has been 5 listed pursuant to Section 112(b) of the Clean 6 Air Act, 25 tpy or more of any combination of 7 such hazardous air pollutants, or such lesser 8 quantity as USEPA may establish by rule. 9 Notwithstanding the preceding sentence, 10 emissions from any oil or gas exploration or 11 production well (with its associated equipment) 12 and emissions from any pipeline compressor or 13 pump station shall not be aggregated with 14 emissions from other similar units, whether or 15 not such units are in a contiguous area or 16 under common control, to determine whether such 17 stations are major sources. 18 B. For radionuclides, "major source" 19 shall have the meaning specified by the USEPA 20 by rule. 21 ii. A major stationary source of air 22 pollutants, as defined in Section 302 of the Clean 23 Air Act, that directly emits or has the potential to 24 emit, 100 tpy or more of any air pollutant 25 (including any major source of fugitive emissions of 26 any such pollutant, as determined by rule by USEPA). 27 For purposes of this subsection, "fugitive 28 emissions" means those emissions which could not 29 reasonably pass through a stack, chimney, vent, or 30 other functionally-equivalent opening. The fugitive 31 emissions of a stationary source shall not be 32 considered in determining whether it is a major 33 stationary source for the purposes of Section 302(j) 34 of the Clean Air Act, unless the source belongs to HB3373 Engrossed -14- LRB9201352LDprB 1 one of the following categories of stationary 2 source: 3 A. Coal cleaning plants (with thermal 4 dryers). 5 B. Kraft pulp mills. 6 C. Portland cement plants. 7 D. Primary zinc smelters. 8 E. Iron and steel mills. 9 F. Primary aluminum ore reduction plants. 10 G. Primary copper smelters. 11 H. Municipal incinerators capable of 12 charging more than 250 tons of refuse per day. 13 I. Hydrofluoric, sulfuric, or nitric acid 14 plants. 15 J. Petroleum refineries. 16 K. Lime plants. 17 L. Phosphate rock processing plants. 18 M. Coke oven batteries. 19 N. Sulfur recovery plants. 20 O. Carbon black plants (furnace process). 21 P. Primary lead smelters. 22 Q. Fuel conversion plants. 23 R. Sintering plants. 24 S. Secondary metal production plants. 25 T. Chemical process plants. 26 U. Fossil-fuel boilers (or combination 27 thereof) totaling more than 250 million British 28 thermal units per hour heat input. 29 V. Petroleum storage and transfer units 30 with a total storage capacity exceeding 300,000 31 barrels. 32 W. Taconite ore processing plants. 33 X. Glass fiber processing plants. 34 Y. Charcoal production plants. HB3373 Engrossed -15- LRB9201352LDprB 1 Z. Fossil fuel-fired steam electric 2 plants of more than 250 million British thermal 3 units per hour heat input. 4 AA. All other stationary source 5 categories regulated by a standard promulgated 6 under Section 111 or 112 of the Clean Air Act, 7 but only with respect to those air pollutants 8 that have been regulated for that category. 9 BB. Any other stationary source category 10 designated by USEPA by rule. 11 iii. A major stationary source as defined in 12 part D of Title I of the Clean Air Act including: 13 A. For ozone nonattainment areas, sources 14 with the potential to emit 100 tons or more per 15 year of volatile organic compounds or oxides of 16 nitrogen in areas classified as "marginal" or 17 "moderate", 50 tons or more per year in areas 18 classified as "serious", 25 tons or more per 19 year in areas classified as "severe", and 10 20 tons or more per year in areas classified as 21 "extreme"; except that the references in this 22 clause to 100, 50, 25, and 10 tons per year of 23 nitrogen oxides shall not apply with respect to 24 any source for which USEPA has made a finding, 25 under Section 182(f)(1) or (2) of the Clean Air 26 Act, that requirements otherwise applicable to 27 such source under Section 182(f) of the Clean 28 Air Act do not apply. Such sources shall 29 remain subject to the major source criteria of 30 paragraph 2(c)(ii) of this subsection. 31 B. For ozone transport regions 32 established pursuant to Section 184 of the 33 Clean Air Act, sources with the potential to 34 emit 50 tons or more per year of volatile HB3373 Engrossed -16- LRB9201352LDprB 1 organic compounds (VOCs). 2 C. For carbon monoxide nonattainment 3 areas (1) that are classified as "serious", and 4 (2) in which stationary sources contribute 5 significantly to carbon monoxide levels as 6 determined under rules issued by USEPA, sources 7 with the potential to emit 50 tons or more per 8 year of carbon monoxide. 9 D. For particulate matter (PM-10) 10 nonattainment areas classified as "serious", 11 sources with the potential to emit 70 tons or 12 more per year of PM-10. 13 3. Agency Authority To Issue CAAPP Permits and Federally 14 Enforceable State Operating Permits. 15 a. The Agency shall issue CAAPP permits under this 16 Section consistent with the Clean Air Act and regulations 17 promulgated thereunder and this Act and regulations 18 promulgated thereunder. 19 b. The Agency shall issue CAAPP permits for fixed 20 terms of 5 years, except CAAPP permits issued for solid 21 waste incineration units combusting municipal waste which 22 shall be issued for fixed terms of 12 years and except 23 CAAPP permits for affected sources for acid deposition 24 which shall be issued for initial terms to expire on 25 December 31, 1999, and for fixed terms of 5 years 26 thereafter. 27 c. The Agency shall have the authority to issue a 28 State operating permit for a source under Section 39(a) 29 of this Act, as amended, and regulations promulgated 30 thereunder, which includes federally enforceable 31 conditions limiting the "potential to emit" of the source 32 to a level below the major source threshold for that 33 source as described in paragraph 2(c) of this Section, 34 thereby excluding the source from the CAAPP, when HB3373 Engrossed -17- LRB9201352LDprB 1 requested by the applicant pursuant to paragraph 5(u) of 2 this Section. The public notice requirements of this 3 Section applicable to CAAPP permits shall also apply to 4 the initial issuance of permits under this paragraph. 5 d. For purposes of this Act, a permit issued by 6 USEPA under Section 505 of the Clean Air Act, as now and 7 hereafter amended, shall be deemed to be a permit issued 8 by 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 11 be required to renew an existing State operating permit 12 for 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 16 the 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 19 of a CAAPP source seeking to make a modification to a 20 source prior to the issuance of its CAAPP permit shall be 21 required to obtain a construction and/or operating permit 22 as required for such modification in accordance with the 23 State permit program under Section 39(a) of this Act, as 24 amended, and regulations promulgated thereunder. The 25 application for such construction and/or operating permit 26 shall be considered an amendment to the CAAPP application 27 submitted for such source. 28 b. An owner or operator of a CAAPP source shall 29 continue to operate in accordance with the terms and 30 conditions of its applicable State operating permit 31 notwithstanding the expiration of the State operating 32 permit until the source's CAAPP permit has been issued. 33 c. An owner or operator of a CAAPP source shall 34 submit its initial CAAPP application to the Agency no HB3373 Engrossed -18- LRB9201352LDprB 1 later than 12 months after the effective date of the 2 CAAPP. The Agency may request submittal of initial CAAPP 3 applications during this 12 month period according to a 4 schedule set forth within Agency procedures, however, in 5 no event shall the Agency require such submittal earlier 6 than 3 months after such effective date of the CAAPP. An 7 owner or operator may voluntarily submit its initial 8 CAAPP application prior to the date required within this 9 paragraph or applicable procedures, if any, subsequent to 10 the date the Agency submits the CAAPP to USEPA for 11 approval. 12 d. The Agency shall act on initial CAAPP 13 applications in accordance with subsection 5(j) of this 14 Section. 15 e. For purposes of this Section, the term "initial 16 CAAPP application" shall mean the first CAAPP application 17 submitted for a source existing as of the effective date 18 of the CAAPP. 19 f. The Agency shall provide owners or operators of 20 CAAPP sources with at least three months advance notice 21 of the date on which their applications are required to 22 be submitted. In determining which sources shall be 23 subject to early submittal, the Agency shall include 24 among its considerations the complexity of the permit 25 application, and the burden that such early submittal 26 will have on the source. 27 g. The CAAPP permit shall upon becoming effective 28 supersede the State operating permit. 29 h. The Agency shall have the authority to adopt 30 procedural rules, in accordance with the Illinois 31 Administrative Procedure Act, as the Agency deems 32 necessary, to implement this subsection. 33 5. Applications and Completeness. 34 a. An owner or operator of a CAAPP source shall HB3373 Engrossed -19- LRB9201352LDprB 1 submit its complete CAAPP application consistent with the 2 Act and applicable regulations. 3 b. An owner or operator of a CAAPP source shall 4 submit a single complete CAAPP application covering all 5 emission units at that source. 6 c. To be deemed complete, a CAAPP application must 7 provide all information, as requested in Agency 8 application forms, sufficient to evaluate the subject 9 source and its application and to determine all 10 applicable requirements, pursuant to the Clean Air Act, 11 and regulations thereunder, this Act and regulations 12 thereunder. Such Agency application forms shall be 13 finalized and made available prior to the date on which 14 any CAAPP application is required. 15 d. An owner or operator of a CAAPP source shall 16 submit, as part of its complete CAAPP application, a 17 compliance plan, including a schedule of compliance, 18 describing how each emission unit will comply with all 19 applicable requirements. Any such schedule of compliance 20 shall be supplemental to, and shall not sanction 21 noncompliance with, the applicable requirements on which 22 it is based. 23 e. Each submitted CAAPP application shall be 24 certified for truth, accuracy, and completeness by a 25 responsible official in accordance with applicable 26 regulations. 27 f. The Agency shall provide notice to a CAAPP 28 applicant as to whether a submitted CAAPP application is 29 complete. Unless the Agency notifies the applicant of 30 incompleteness, within 60 days of receipt of the CAAPP 31 application, the application shall be deemed complete. 32 The Agency may request additional information as needed 33 to make the completeness determination. The Agency may 34 to the extent practicable provide the applicant with a HB3373 Engrossed -20- LRB9201352LDprB 1 reasonable opportunity to correct deficiencies prior to a 2 final determination of completeness. 3 g. If after the determination of completeness the 4 Agency finds that additional information is necessary to 5 evaluate or take final action on the CAAPP application, 6 the Agency may request in writing such information from 7 the source with a reasonable deadline for response. 8 h. If the owner or operator of a CAAPP source 9 submits a timely and complete CAAPP application, the 10 source's failure to have a CAAPP permit shall not be a 11 violation of this Section until the Agency takes final 12 action on the submitted CAAPP application, provided, 13 however, where the applicant fails to submit the 14 requested information under paragraph 5(g) within the 15 time frame specified by the Agency, this protection shall 16 cease to apply. 17 i. Any applicant who fails to submit any relevant 18 facts necessary to evaluate the subject source and its 19 CAAPP application or who has submitted incorrect 20 information in a CAAPP application shall, upon becoming 21 aware of such failure or incorrect submittal, submit 22 supplementary facts or correct information to the Agency. 23 In addition, an applicant shall provide to the Agency 24 additional information as necessary to address any 25 requirements which become applicable to the source 26 subsequent to the date the applicant submitted its 27 complete CAAPP application but prior to release of the 28 draft CAAPP permit. 29 j. The Agency shall issue or deny the CAAPP permit 30 within 18 months after the date of receipt of the 31 complete CAAPP application, with the following 32 exceptions: (i) permits for affected sources for acid 33 deposition shall be issued or denied within 6 months 34 after receipt of a complete application in accordance HB3373 Engrossed -21- LRB9201352LDprB 1 with subsection 17 of this Section; (ii) the Agency shall 2 act on initial CAAPP applications within 24 months after 3 the date of receipt of the complete CAAPP application; 4 (iii) the Agency shall act on complete applications 5 containing early reduction demonstrations under Section 6 112(i)(5) of the Clean Air Act within 9 months of receipt 7 of the complete CAAPP application. 8 Where the Agency does not take final action on the 9 permit within the required time period, the permit shall 10 not be deemed issued; rather, the failure to act shall be 11 treated as a final permit action for purposes of judicial 12 review pursuant to Sections 40.2 and 41 of this Act. 13 k. The submittal of a complete CAAPP application 14 shall not affect the requirement that any source have a 15 preconstruction permit under Title I of the Clean Air 16 Act. 17 l. Unless a timely and complete renewal application 18 has been submitted consistent with this subsection, a 19 CAAPP source operating upon the expiration of its CAAPP 20 permit shall be deemed to be operating without a CAAPP 21 permit. Such operation is prohibited under this Act. 22 m. Permits being renewed shall be subject to the 23 same procedural requirements, including those for public 24 participation and federal review and objection, that 25 apply to original permit issuance. 26 n. For purposes of permit renewal, a timely 27 application is one that is submitted no less than 9 28 months prior to the date of permit expiration. 29 o. The terms and conditions of a CAAPP permit shall 30 remain in effect until the issuance of a CAAPP renewal 31 permit provided a timely and complete CAAPP application 32 has been submitted. 33 p. The owner or operator of a CAAPP source seeking 34 a permit shield pursuant to paragraph 7(j) of this HB3373 Engrossed -22- LRB9201352LDprB 1 Section shall request such permit shield in the CAAPP 2 application regarding that source. 3 q. The Agency shall make available to the public 4 all documents submitted by the applicant to the Agency, 5 including each CAAPP application, compliance plan 6 (including the schedule of compliance), and emissions or 7 compliance monitoring report, with the exception of 8 information entitled to confidential treatment pursuant 9 to Section 7 of this Act. 10 r. The Agency shall use the standardized forms 11 required under Title IV of the Clean Air Act and 12 regulations promulgated thereunder for affected sources 13 for acid deposition. 14 s. An owner or operator of a CAAPP source may 15 include within its CAAPP application a request for 16 permission to operate during a startup, malfunction, or 17 breakdown consistent with applicable Board regulations. 18 t. An owner or operator of a CAAPP source, in order 19 to utilize the operational flexibility provided under 20 paragraph 7(l) of this Section, must request such use and 21 provide the necessary information within its CAAPP 22 application. 23 u. An owner or operator of a CAAPP source which 24 seeks exclusion from the CAAPP through the imposition of 25 federally enforceable conditions, pursuant to paragraph 26 3(c) of this Section, must request such exclusion within 27 a CAAPP application submitted consistent with this 28 subsection on or after the date that the CAAPP 29 application for the source is due. Prior to such date, 30 but in no case later than 9 months after the effective 31 date of the CAAPP, such owner or operator may request the 32 imposition of federally enforceable conditions pursuant 33 to paragraph 1.1(b) of this Section. 34 v. CAAPP applications shall contain accurate HB3373 Engrossed -23- LRB9201352LDprB 1 information on allowable emissions to implement the fee 2 provisions of subsection 18 of this Section. 3 w. An owner or operator of a CAAPP source shall 4 submit within its CAAPP application emissions information 5 regarding all regulated air pollutants emitted at that 6 source consistent with applicable Agency procedures. 7 Emissions information regarding insignificant activities 8 or emission levels, as determined by the Agency pursuant 9 to Board regulations, may be submitted as a list within 10 the CAAPP application. The Agency shall propose 11 regulations to the Board defining insignificant 12 activities or emission levels, consistent with federal 13 regulations, if any, no later than 18 months after the 14 effective date of this amendatory Act of 1992, consistent 15 with Section 112(n)(1) of the Clean Air Act. The Board 16 shall adopt final regulations defining insignificant 17 activities or emission levels no later than 9 months 18 after the date of the Agency's proposal. 19 x. The owner or operator of a new CAAPP source 20 shall submit its complete CAAPP application consistent 21 with this subsection within 12 months after commencing 22 operation of such source. The owner or operator of an 23 existing source that has been excluded from the 24 provisions of this Section under subsection 1.1 or 25 subsection 3(c) of this Section and that becomes subject 26 to the CAAPP solely due to a change in operation at the 27 source shall submit its complete CAAPP application 28 consistent with this subsection at least 180 days before 29 commencing operation in accordance with the change in 30 operation. 31 y. The Agency shall have the authority to adopt 32 procedural rules, in accordance with the Illinois 33 Administrative Procedure Act, as the Agency deems 34 necessary to implement this subsection. HB3373 Engrossed -24- LRB9201352LDprB 1 6. Prohibitions. 2 a. It shall be unlawful for any person to violate 3 any terms or conditions of a permit issued under this 4 Section, to operate any CAAPP source except in compliance 5 with a permit issued by the Agency under this Section or 6 to violate any other applicable requirements. All terms 7 and conditions of a permit issued under this Section are 8 enforceable by USEPA and citizens under the Clean Air 9 Act, except those, if any, that are specifically 10 designated as not being federally enforceable in the 11 permit pursuant to paragraph 7(m) of this Section. 12 b. After the applicable CAAPP permit or renewal 13 application submittal date, as specified in subsection 5 14 of this Section, no person shall operate a CAAPP source 15 without a CAAPP permit unless the complete CAAPP permit 16 or renewal application for such source has been timely 17 submitted to the Agency. 18 c. No owner or operator of a CAAPP source shall 19 cause or threaten or allow the continued operation of an 20 emission source during malfunction or breakdown of the 21 emission source or related air pollution control 22 equipment if such operation would cause a violation of 23 the standards or limitations applicable to the source, 24 unless the CAAPP permit granted to the source provides 25 for such operation consistent with this Act and 26 applicable Board regulations. 27 7. Permit Content. 28 a. All CAAPP permits shall contain emission 29 limitations and standards and other enforceable terms and 30 conditions, including but not limited to operational 31 requirements, and schedules for achieving compliance at 32 the earliest reasonable date, which are or will be 33 required to accomplish the purposes and provisions of 34 this Act and to assure compliance with all applicable HB3373 Engrossed -25- LRB9201352LDprB 1 requirements. 2 b. The Agency shall include among such conditions 3 applicable monitoring, reporting, record keeping and 4 compliance certification requirements, as authorized by 5 paragraphs d, e, and f of this subsection, that the 6 Agency deems necessary to assure compliance with the 7 Clean Air Act, the regulations promulgated thereunder, 8 this Act, and applicable Board regulations. When 9 monitoring, reporting, record keeping, and compliance 10 certification requirements are specified within the Clean 11 Air Act, regulations promulgated thereunder, this Act, or 12 applicable regulations, such requirements shall be 13 included within the CAAPP permit. The Board shall have 14 authority to promulgate additional regulations where 15 necessary to accomplish the purposes of the Clean Air 16 Act, this Act, and regulations promulgated thereunder. 17 c. The Agency shall assure, within such conditions, 18 the use of terms, test methods, units, averaging periods, 19 and other statistical conventions consistent with the 20 applicable emission limitations, standards, and other 21 requirements contained in the permit. 22 d. To meet the requirements of this subsection with 23 respect to monitoring, the permit shall: 24 i. Incorporate and identify all applicable 25 emissions monitoring and analysis procedures or test 26 methods required under the Clean Air Act, 27 regulations promulgated thereunder, this Act, and 28 applicable Board regulations, including any 29 procedures and methods promulgated by USEPA pursuant 30 to Section 504(b) or Section 114 (a)(3) of the Clean 31 Air Act. 32 ii. Where the applicable requirement does not 33 require periodic testing or instrumental or 34 noninstrumental monitoring (which may consist of HB3373 Engrossed -26- LRB9201352LDprB 1 recordkeeping designed to serve as monitoring), 2 require periodic monitoring sufficient to yield 3 reliable data from the relevant time period that is 4 representative of the source's compliance with the 5 permit, as reported pursuant to paragraph (f) of 6 this subsection. The Agency may determine that 7 recordkeeping requirements are sufficient to meet 8 the requirements of this subparagraph. 9 iii. As necessary, specify requirements 10 concerning the use, maintenance, and when 11 appropriate, installation of monitoring equipment or 12 methods. 13 e. To meet the requirements of this subsection with 14 respect to record keeping, the permit shall incorporate 15 and identify all applicable recordkeeping requirements 16 and require, where applicable, the following: 17 i. Records of required monitoring information 18 that include the following: 19 A. The date, place and time of sampling 20 or measurements. 21 B. The date(s) analyses were performed. 22 C. The company or entity that performed 23 the analyses. 24 D. The analytical techniques or methods 25 used. 26 E. The results of such analyses. 27 F. The operating conditions as existing 28 at the time of sampling or measurement. 29 ii. Retention of records of all monitoring 30 data and support information for a period of at 31 least 5 years from the date of the monitoring 32 sample, measurement, report, or application. 33 Support information includes all calibration and 34 maintenance records, original strip-chart recordings HB3373 Engrossed -27- LRB9201352LDprB 1 for continuous monitoring instrumentation, and 2 copies of all reports required by the permit. 3 f. To meet the requirements of this subsection with 4 respect to reporting, the permit shall incorporate and 5 identify all applicable reporting requirements and 6 require the following: 7 i. Submittal of reports of any required 8 monitoring every 6 months. More frequent submittals 9 may be requested by the Agency if such submittals 10 are necessary to assure compliance with this Act or 11 regulations promulgated by the Board thereunder. 12 All instances of deviations from permit requirements 13 must be clearly identified in such reports. All 14 required reports must be certified by a responsible 15 official consistent with subsection 5 of this 16 Section. 17 ii. Prompt reporting of deviations from permit 18 requirements, including those attributable to upset 19 conditions as defined in the permit, the probable 20 cause of such deviations, and any corrective actions 21 or preventive measures taken. 22 g. Each CAAPP permit issued under subsection 10 of 23 this Section shall include a condition prohibiting 24 emissions exceeding any allowances that the source 25 lawfully holds under Title IV of the Clean Air Act or the 26 regulations promulgated thereunder, consistent with 27 subsection 17 of this Section and applicable regulations, 28 if any. 29 h. All CAAPP permits shall state that, where 30 another applicable requirement of the Clean Air Act is 31 more stringent than any applicable requirement of 32 regulations promulgated under Title IV of the Clean Air 33 Act, both provisions shall be incorporated into the 34 permit and shall be State and federally enforceable. HB3373 Engrossed -28- LRB9201352LDprB 1 i. Each CAAPP permit issued under subsection 10 of 2 this Section shall include a severability clause to 3 ensure the continued validity of the various permit 4 requirements in the event of a challenge to any portions 5 of the permit. 6 j. The following shall apply with respect to owners 7 or operators requesting a permit shield: 8 i. The Agency shall include in a CAAPP permit, 9 when requested by an applicant pursuant to paragraph 10 5(p) of this Section, a provision stating that 11 compliance with the conditions of the permit shall 12 be deemed compliance with applicable requirements 13 which are applicable as of the date of release of 14 the proposed permit, provided that: 15 A. The applicable requirement is 16 specifically identified within the permit; or 17 B. The Agency in acting on the CAAPP 18 application or revision determines in writing 19 that other requirements specifically identified 20 are not applicable to the source, and the 21 permit includes that determination or a concise 22 summary thereof. 23 ii. The permit shall identify the requirements 24 for which the source is shielded. The shield shall 25 not extend to applicable requirements which are 26 promulgated after the date of release of the 27 proposed permit unless the permit has been modified 28 to reflect such new requirements. 29 iii. A CAAPP permit which does not expressly 30 indicate the existence of a permit shield shall not 31 provide such a shield. 32 iv. Nothing in this paragraph or in a CAAPP 33 permit shall alter or affect the following: 34 A. The provisions of Section 303 HB3373 Engrossed -29- LRB9201352LDprB 1 (emergency powers) of the Clean Air Act, 2 including USEPA's authority under that section. 3 B. The liability of an owner or operator 4 of a source for any violation of applicable 5 requirements prior to or at the time of permit 6 issuance. 7 C. The applicable requirements of the 8 acid rain program consistent with Section 9 408(a) of the Clean Air Act. 10 D. The ability of USEPA to obtain 11 information from a source pursuant to Section 12 114 (inspections, monitoring, and entry) of the 13 Clean Air Act. 14 k. Each CAAPP permit shall include an emergency 15 provision providing an affirmative defense of emergency 16 to an action brought for noncompliance with 17 technology-based emission limitations under a CAAPP 18 permit if the following conditions are met through 19 properly signed, contemporaneous operating logs, or other 20 relevant evidence: 21 i. An emergency occurred and the permittee can 22 identify the cause(s) of the emergency. 23 ii. The permitted facility was at the time 24 being properly operated. 25 iii. The permittee submitted notice of the 26 emergency to the Agency within 2 working days of the 27 time when emission limitations were exceeded due to 28 the emergency. This notice must contain a detailed 29 description of the emergency, any steps taken to 30 mitigate emissions, and corrective actions taken. 31 iv. During the period of the emergency the 32 permittee took all reasonable steps to minimize 33 levels of emissions that exceeded the emission 34 limitations, standards, or requirements in the HB3373 Engrossed -30- LRB9201352LDprB 1 permit. 2 For purposes of this subsection, "emergency" means 3 any situation arising from sudden and reasonably 4 unforeseeable events beyond the control of the source, 5 such as an act of God, that requires immediate corrective 6 action to restore normal operation, and that causes the 7 source to exceed a technology-based emission limitation 8 under the permit, due to unavoidable increases in 9 emissions attributable to the emergency. An emergency 10 shall not include noncompliance to the extent caused by 11 improperly designed equipment, lack of preventative 12 maintenance, careless or improper operation, or operation 13 error. 14 In any enforcement proceeding, the permittee 15 seeking to establish the occurrence of an emergency has 16 the burden of proof. This provision is in addition to 17 any emergency or upset provision contained in any 18 applicable requirement. This provision does not relieve 19 a permittee of any reporting obligations under existing 20 federal or state laws or regulations. 21 l. The Agency shall include in each permit issued 22 under subsection 10 of this Section: 23 i. Terms and conditions for reasonably 24 anticipated operating scenarios identified by the 25 source in its application. The permit terms and 26 conditions for each such operating scenario shall 27 meet all applicable requirements and the 28 requirements of this Section. 29 A. Under this subparagraph, the source 30 must record in a log at the permitted facility 31 a record of the scenario under which it is 32 operating contemporaneously with making a 33 change from one operating scenario to another. 34 B. The permit shield described in HB3373 Engrossed -31- LRB9201352LDprB 1 paragraph 7(j) of this Section shall extend to 2 all terms and conditions under each such 3 operating scenario. 4 ii. Where requested by an applicant, all terms 5 and conditions allowing for trading of emissions 6 increases and decreases between different emission 7 units at the CAAPP source, to the extent that the 8 applicable requirements provide for trading of such 9 emissions increases and decreases without a 10 case-by-case approval of each emissions trade. Such 11 terms and conditions: 12 A. Shall include all terms required under 13 this subsection to determine compliance; 14 B. Must meet all applicable requirements; 15 C. Shall extend the permit shield 16 described in paragraph 7(j) of this Section to 17 all terms and conditions that allow such 18 increases and decreases in emissions. 19 m. The Agency shall specifically designate as not 20 being federally enforceable under the Clean Air Act any 21 terms and conditions included in the permit that are not 22 specifically required under the Clean Air Act or federal 23 regulations promulgated thereunder. Terms or conditions 24 so designated shall be subject to all applicable state 25 requirements, except the requirements of subsection 7 26 (other than this paragraph, paragraph q of subsection 7, 27 subsections 8 through 11, and subsections 13 through 16 28 of this Section. The Agency shall, however, include such 29 terms and conditions in the CAAPP permit issued to the 30 source. 31 n. Each CAAPP permit issued under subsection 10 of 32 this Section shall specify and reference the origin of 33 and authority for each term or condition, and identify 34 any difference in form as compared to the applicable HB3373 Engrossed -32- LRB9201352LDprB 1 requirement upon which the term or condition is based. 2 o. Each CAAPP permit issued under subsection 10 of 3 this Section shall include provisions stating the 4 following: 5 i. Duty to comply. The permittee must comply 6 with all terms and conditions of the CAAPP permit. 7 Any permit noncompliance constitutes a violation of 8 the Clean Air Act and the Act, and is grounds for 9 any or all of the following: enforcement action; 10 permit 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 14 defense. It shall not be a defense for a permittee 15 in an enforcement action that it would have been 16 necessary to halt or reduce the permitted activity 17 in order to maintain compliance with the conditions 18 of this permit. 19 iii. Permit actions. The permit may be 20 modified, revoked, reopened, and reissued, or 21 terminated for cause in accordance with the 22 applicable subsections of Section 39.5 of this Act. 23 The filing of a request by the permittee for a 24 permit modification, revocation and reissuance, or 25 termination, or of a notification of planned changes 26 or anticipated noncompliance does not stay any 27 permit condition. 28 iv. Property rights. The permit does not 29 convey any property rights of any sort, or any 30 exclusive privilege. 31 v. Duty to provide information. The permittee 32 shall furnish to the Agency within a reasonable time 33 specified by the Agency any information that the 34 Agency may request in writing to determine whether HB3373 Engrossed -33- LRB9201352LDprB 1 cause exists for modifying, revoking and reissuing, 2 or terminating the permit or to determine compliance 3 with the permit. Upon request, the permittee shall 4 also furnish to the Agency copies of records 5 required to be kept by the permit or, for 6 information claimed to be confidential, the 7 permittee may furnish such records directly to USEPA 8 along with a claim of confidentiality. 9 vi. Duty to pay fees. The permittee must pay 10 fees to the Agency consistent with the fee schedule 11 approved pursuant to subsection 18 of this Section, 12 and submit any information relevant thereto. 13 vii. Emissions trading. No permit revision 14 shall be required for increases in emissions allowed 15 under any approved economic incentives, marketable 16 permits, emissions trading, and other similar 17 programs or processes for changes that are provided 18 for in the permit and that are authorized by the 19 applicable requirement. 20 p. Each CAAPP permit issued under subsection 10 of 21 this Section shall contain the following elements with 22 respect to compliance: 23 i. Compliance certification, testing, 24 monitoring, reporting, and record keeping 25 requirements sufficient to assure compliance with 26 the terms and conditions of the permit. Any 27 document (including reports) required by a CAAPP 28 permit shall contain a certification by a 29 responsible official that meets the requirements of 30 subsection 5 of this Section and applicable 31 regulations. 32 ii. Inspection and entry requirements that 33 necessitate that, upon presentation of credentials 34 and other documents as may be required by law and in HB3373 Engrossed -34- LRB9201352LDprB 1 accordance with constitutional limitations, the 2 permittee shall allow the Agency, or an authorized 3 representative to perform the following: 4 A. Enter upon the permittee's premises 5 where a CAAPP source is located or 6 emissions-related activity is conducted, or 7 where records must be kept under the conditions 8 of the permit. 9 B. Have access to and copy, at reasonable 10 times, any records that must be kept under the 11 conditions of the permit. 12 C. Inspect at reasonable times any 13 facilities, equipment (including monitoring and 14 air pollution control equipment), practices, or 15 operations regulated or required under the 16 permit. 17 D. Sample or monitor any substances or 18 parameters at any location: 19 1. As authorized by the Clean Air 20 Act, at reasonable times, for the purposes 21 of assuring compliance with the CAAPP 22 permit or applicable requirements; or 23 2. As otherwise authorized by this 24 Act. 25 iii. A schedule of compliance consistent with 26 subsection 5 of this Section and applicable 27 regulations. 28 iv. Progress reports consistent with an 29 applicable schedule of compliance pursuant to 30 paragraph 5(d) of this Section and applicable 31 regulations to be submitted semiannually, or more 32 frequently if the Agency determines that such more 33 frequent submittals are necessary for compliance 34 with the Act or regulations promulgated by the Board HB3373 Engrossed -35- LRB9201352LDprB 1 thereunder. Such progress reports shall contain the 2 following: 3 A. Required dates for achieving the 4 activities, milestones, or compliance required 5 by the schedule of compliance and dates when 6 such activities, milestones or compliance were 7 achieved. 8 B. An explanation of why any dates in the 9 schedule of compliance were not or will not be 10 met, and any preventive or corrective measures 11 adopted. 12 v. Requirements for compliance certification 13 with terms and conditions contained in the permit, 14 including emission limitations, standards, or work 15 practices. Permits shall include each of the 16 following: 17 A. The frequency (annually or more 18 frequently as specified in any applicable 19 requirement or by the Agency pursuant to 20 written procedures) of submissions of 21 compliance certifications. 22 B. A means for assessing or monitoring 23 the compliance of the source with its emissions 24 limitations, standards, and work practices. 25 C. A requirement that the compliance 26 certification include the following: 27 1. The identification of each term 28 or condition contained in the permit that 29 is the basis of the certification. 30 2. The compliance status. 31 3. Whether compliance was continuous 32 or intermittent. 33 4. The method(s) used for 34 determining the compliance status of the HB3373 Engrossed -36- LRB9201352LDprB 1 source, both currently and over the 2 reporting period consistent with 3 subsection 7 of Section 39.5 of the Act. 4 D. A requirement that all compliance 5 certifications be submitted to USEPA as well as 6 to the Agency. 7 E. Additional requirements as may be 8 specified pursuant to Sections 114(a)(3) and 9 504(b) of the Clean Air Act. 10 F. Other provisions as the Agency may 11 require. 12 q. If the owner or operator of CAAPP source can 13 demonstrate in its CAAPP application, including an 14 application for a significant modification, that an 15 alternative emission limit would be equivalent to that 16 contained in the applicable Board regulations, the Agency 17 shall include the alternative emission limit in the CAAPP 18 permit, which shall supersede the emission limit set 19 forth in the applicable Board regulations, and shall 20 include conditions that insure that the resulting 21 emission limit is quantifiable, accountable, enforceable, 22 and based on replicable procedures. 23 8. Public Notice; Affected State Review. 24 a. The Agency shall provide notice to the public, 25 including an opportunity for public comment and a 26 hearing, on each draft CAAPP permit for issuance, renewal 27 or significant modification, subject to Sections 7(a) and 28 7.1 of this Act. 29 b. The Agency shall prepare a draft CAAPP permit 30 and a statement that sets forth the legal and factual 31 basis for the draft CAAPP permit conditions, including 32 references to the applicable statutory or regulatory 33 provisions. The Agency shall provide this statement to 34 any person who requests it. HB3373 Engrossed -37- LRB9201352LDprB 1 c. The Agency shall give notice of each draft CAAPP 2 permit to the applicant and to any affected State on or 3 before the time that the Agency has provided notice to 4 the public, except as otherwise provided in this Act. 5 d. The Agency, as part of its submittal of a 6 proposed permit to USEPA (or as soon as possible after 7 the submittal for minor permit modification procedures 8 allowed under subsection 14 of this Section), shall 9 notify USEPA and any affected State in writing of any 10 refusal of the Agency to accept all of the 11 recommendations for the proposed permit that an affected 12 State submitted during the public or affected State 13 review period. The notice shall include the Agency's 14 reasons for not accepting the recommendations. The 15 Agency is not required to accept recommendations that are 16 not based on applicable requirements or the requirements 17 of this Section. 18 e. The Agency shall make available to the public 19 any CAAPP permit application, compliance plan (including 20 the schedule of compliance), CAAPP permit, and emissions 21 or compliance monitoring report. If an owner or operator 22 of a CAAPP source is required to submit information 23 entitled to protection from disclosure under Section 7(a) 24 or Section 7.1 of this Act, the owner or operator shall 25 submit such information separately. The requirements of 26 Section 7(a) or Section 7.1 of this Act shall apply to 27 such information, which shall not be included in a CAAPP 28 permit unless required by law. The contents of a CAAPP 29 permit shall not be entitled to protection under Section 30 7(a) or Section 7.1 of this Act. 31 f. The Agency shall have the authority to adopt 32 procedural rules, in accordance with the Illinois 33 Administrative Procedure Act, as the Agency deems 34 necessary, to implement this subsection. HB3373 Engrossed -38- LRB9201352LDprB 1 9. USEPA Notice and Objection. 2 a. The Agency shall provide to USEPA for its review 3 a copy of each CAAPP application (including any 4 application for permit modification), statement of basis 5 as provided in paragraph 8(b) of this Section, proposed 6 CAAPP permit, CAAPP permit, and, if the Agency does not 7 incorporate any affected State's recommendations on a 8 proposed CAAPP permit, a written statement of this 9 decision and its reasons for not accepting the 10 recommendations, except as otherwise provided in this Act 11 or by agreement with USEPA. To the extent practicable, 12 the preceding information shall be provided in computer 13 readable format compatible with USEPA's national database 14 management system. 15 b. The Agency shall not issue the proposed CAAPP 16 permit if USEPA objects in writing within 45 days of 17 receipt of the proposed CAAPP permit and all necessary 18 supporting information. 19 c. If USEPA objects in writing to the issuance of 20 the proposed CAAPP permit within the 45-day period, the 21 Agency shall respond in writing and may revise and 22 resubmit the proposed CAAPP permit in response to the 23 stated objection, to the extent supported by the record, 24 within 90 days after the date of the objection. Prior to 25 submitting a revised permit to USEPA, the Agency shall 26 provide the applicant and any person who participated in 27 the public comment process, pursuant to subsection 8 of 28 this Section, with a 10-day period to comment on any 29 revision which the Agency is proposing to make to the 30 permit in response to USEPA's objection in accordance 31 with Agency procedures. 32 d. Any USEPA objection under this subsection, 33 according to the Clean Air Act, will include a statement 34 of reasons for the objection and a description of the HB3373 Engrossed -39- LRB9201352LDprB 1 terms and conditions that must be in the permit, in order 2 to adequately respond to the objections. Grounds for a 3 USEPA objection include the failure of the Agency to: 4 (1) submit the items and notices required under this 5 subsection; (2) submit any other information necessary to 6 adequately review the proposed CAAPP permit; or (3) 7 process the permit under subsection 8 of this Section 8 except for minor permit modifications. 9 e. If USEPA does not object in writing to issuance 10 of a permit under this subsection, any person may 11 petition USEPA within 60 days after expiration of the 12 45-day review period to make such objection. 13 f. If the permit has not yet been issued and USEPA 14 objects to the permit as a result of a petition, the 15 Agency shall not issue the permit until USEPA's objection 16 has been resolved. The Agency shall provide a 10-day 17 comment period in accordance with paragraph c of this 18 subsection. A petition does not, however, stay the 19 effectiveness of a permit or its requirements if the 20 permit was issued after expiration of the 45-day review 21 period and prior to a USEPA objection. 22 g. If the Agency has issued a permit after 23 expiration of the 45-day review period and prior to 24 receipt of a USEPA objection under this subsection in 25 response to a petition submitted pursuant to paragraph e 26 of this subsection, the Agency may, upon receipt of an 27 objection from USEPA, revise and resubmit the permit to 28 USEPA pursuant to this subsection after providing a 29 10-day comment period in accordance with paragraph c of 30 this subsection. If the Agency fails to submit a revised 31 permit in response to the objection, USEPA shall modify, 32 terminate or revoke the permit. In any case, the source 33 will not be in violation of the requirement to have 34 submitted a timely and complete application. HB3373 Engrossed -40- LRB9201352LDprB 1 h. 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 10. Final Agency Action. 6 a. The Agency shall issue a CAAPP permit, permit 7 modification, or permit renewal if all of the following 8 conditions are met: 9 i. The applicant has submitted a complete and 10 certified application for a permit, permit 11 modification, or permit renewal consistent with 12 subsections 5 and 14 of this Section, as applicable, 13 and applicable regulations. 14 ii. The applicant has submitted with its 15 complete application an approvable compliance plan, 16 including a schedule for achieving compliance, 17 consistent with subsection 5 of this Section and 18 applicable regulations. 19 iii. The applicant has timely paid the fees 20 required pursuant to subsection 18 of this Section 21 and applicable regulations. 22 iv. The Agency has received a complete CAAPP 23 application and, if necessary, has requested and 24 received additional information from the applicant 25 consistent with subsection 5 of this Section and 26 applicable regulations. 27 v. The Agency has complied with all applicable 28 provisions regarding public notice and affected 29 State review consistent with subsection 8 of this 30 Section and applicable regulations. 31 vi. The Agency has provided a copy of each 32 CAAPP application, or summary thereof, pursuant to 33 agreement with USEPA and proposed CAAPP permit 34 required under subsection 9 of this Section to HB3373 Engrossed -41- LRB9201352LDprB 1 USEPA, and USEPA has not objected to the issuance of 2 the permit in accordance with the Clean Air Act and 3 40 CFR Part 70. 4 b. The Agency shall have the authority to deny a 5 CAAPP permit, permit modification, or permit renewal if 6 the applicant has not complied with the requirements of 7 paragraphs (a)(i)-(a)(iv) of this subsection or if USEPA 8 objects to its issuance. 9 c. i. Prior to denial of a CAAPP permit, permit 10 modification, or permit renewal under this Section, 11 the Agency shall notify the applicant of the 12 possible denial and the reasons for the denial. 13 ii. Within such notice, the Agency shall 14 specify an appropriate date by which the applicant 15 shall adequately respond to the Agency's notice. 16 Such date shall not exceed 15 days from the date the 17 notification is received by the applicant. The 18 Agency may grant a reasonable extension for good 19 cause shown. 20 iii. Failure by the applicant to adequately 21 respond by the date specified in the notification or 22 by any granted extension date shall be grounds for 23 denial of the permit. 24 For purposes of obtaining judicial review under 25 Sections 40.2 and 41 of this Act, the Agency shall 26 provide to USEPA and each applicant, and, upon 27 request, to affected States, any person who 28 participated in the public comment process, and any 29 other person who could obtain judicial review under 30 Sections 40.2 and 41 of this Act, a copy of each 31 CAAPP permit or notification of denial pertaining to 32 that party. 33 d. The Agency shall have the authority to adopt 34 procedural rules, in accordance with the Illinois HB3373 Engrossed -42- LRB9201352LDprB 1 Administrative Procedure Act, as the Agency deems 2 necessary, to implement this subsection. 3 11. General Permits. 4 a. The Agency may issue a general permit covering 5 numerous similar sources, except for affected sources for 6 acid deposition unless otherwise provided in regulations 7 promulgated under Title IV of the Clean Air Act. 8 b. The Agency shall identify, in any general 9 permit, criteria by which sources may qualify for the 10 general permit. 11 c. CAAPP sources that would qualify for a general 12 permit must apply for coverage under the terms of the 13 general permit or must apply for a CAAPP permit 14 consistent with subsection 5 of this Section and 15 applicable regulations. 16 d. The Agency shall comply with the public comment 17 and hearing provisions of this Section as well as the 18 USEPA and affected State review procedures prior to 19 issuance of a general permit. 20 e. When granting a subsequent request by a 21 qualifying CAAPP source for coverage under the terms of a 22 general permit, the Agency shall not be required to 23 repeat the public notice and comment procedures. The 24 granting of such request shall not be considered a final 25 permit action for purposes of judicial review. 26 f. The Agency may not issue a general permit to 27 cover any discrete emission unit at a CAAPP source if 28 another CAAPP permit covers emission units at the source. 29 g. The Agency shall have the authority to adopt 30 procedural rules, in accordance with the Illinois 31 Administrative Procedure Act, as the Agency deems 32 necessary, to implement this subsection. 33 12. Operational Flexibility. HB3373 Engrossed -43- LRB9201352LDprB 1 a. An owner or operator of a CAAPP source may make 2 changes at the CAAPP source without requiring a prior 3 permit revision, consistent with subparagraphs (a) (i) 4 through (a) (iii) of this subsection, so long as the 5 changes are not modifications under any provision of 6 Title I of the Clean Air Act and they do not exceed the 7 emissions allowable under the permit (whether expressed 8 therein as a rate of emissions or in terms of total 9 emissions), provided that the owner or operator of the 10 CAAPP source provides USEPA and the Agency with written 11 notification as required below in advance of the proposed 12 changes, which shall be a minimum of 7 days, unless 13 otherwise provided by the Agency in applicable 14 regulations regarding emergencies. The owner or operator 15 of a CAAPP source and the Agency shall each attach such 16 notice to their copy of the relevant permit. 17 i. An owner or operator of a CAAPP source may 18 make Section 502 (b) (10) changes without a permit 19 revision, if the changes are not modifications under 20 any provision of Title I of the Clean Air Act and 21 the changes do not exceed the emissions allowable 22 under the permit (whether expressed therein as a 23 rate of emissions or in terms of total emissions). 24 A. For each such change, the written 25 notification required above shall include a 26 brief description of the change within the 27 source, the date on which the change will 28 occur, any change in emissions, and any permit 29 term or condition that is no longer applicable 30 as a result of the change. 31 B. The permit shield described in 32 paragraph 7(j) of this Section shall not apply 33 to any change made pursuant to this 34 subparagraph. HB3373 Engrossed -44- LRB9201352LDprB 1 ii. An owner or operator of a CAAPP source may 2 trade increases and decreases in emissions in the 3 CAAPP source, where the applicable implementation 4 plan provides for such emission trades without 5 requiring a permit revision. This provision is 6 available in those cases where the permit does not 7 already provide for such emissions trading. 8 A. Under this subparagraph (a)(ii), the 9 written notification required above shall 10 include such information as may be required by 11 the provision in the applicable implementation 12 plan authorizing the emissions trade, including 13 at a minimum, when the proposed changes will 14 occur, a description of each such change, any 15 change in emissions, the permit requirements 16 with which the source will comply using the 17 emissions trading provisions of the applicable 18 implementation plan, and the pollutants emitted 19 subject to the emissions trade. The notice 20 shall also refer to the provisions in the 21 applicable implementation plan with which the 22 source will comply and provide for the 23 emissions trade. 24 B. The permit shield described in 25 paragraph 7(j) of this Section shall not apply 26 to any change made pursuant to this 27 subparagraph (a) (ii). Compliance with the 28 permit requirements that the source will meet 29 using the emissions trade shall be determined 30 according to the requirements of the applicable 31 implementation plan authorizing the emissions 32 trade. 33 iii. If requested within a CAAPP application, 34 the Agency shall issue a CAAPP permit which contains HB3373 Engrossed -45- LRB9201352LDprB 1 terms and conditions, including all terms required 2 under subsection 7 of this Section to determine 3 compliance, allowing for the trading of emissions 4 increases and decreases at the CAAPP source solely 5 for the purpose of complying with a 6 federally-enforceable emissions cap that is 7 established in the permit independent of otherwise 8 applicable requirements. The owner or operator of a 9 CAAPP source shall include in its CAAPP application 10 proposed replicable procedures and permit terms that 11 ensure the emissions trades are quantifiable and 12 enforceable. The permit shall also require 13 compliance with all applicable requirements. 14 A. Under this subparagraph (a)(iii), the 15 written notification required above shall state 16 when the change will occur and shall describe 17 the changes in emissions that will result and 18 how these increases and decreases in emissions 19 will comply with the terms and conditions of 20 the permit. 21 B. The permit shield described in 22 paragraph 7(j) of this Section shall extend to 23 terms and conditions that allow such increases 24 and decreases in emissions. 25 b. An owner or operator of a CAAPP source may make 26 changes that are not addressed or prohibited by the 27 permit, other than those which are subject to any 28 requirements under Title IV of the Clean Air Act or are 29 modifications under any provisions of Title I of the 30 Clean Air Act, without a permit revision, in accordance 31 with the following requirements: 32 (i) Each such change shall meet all applicable 33 requirements and shall not violate any existing 34 permit term or condition; HB3373 Engrossed -46- LRB9201352LDprB 1 (ii) Sources must provide contemporaneous 2 written notice to the Agency and USEPA of each such 3 change, except for changes that qualify as 4 insignificant under provisions adopted by the Agency 5 or the Board. Such written notice shall describe 6 each such change, including the date, any change in 7 emissions, pollutants emitted, and any applicable 8 requirement that would apply as a result of the 9 change; 10 (iii) The change shall not qualify for the 11 shield described in paragraph 7(j) of this Section; 12 and 13 (iv) The permittee shall keep a record 14 describing changes made at the source that result in 15 emissions of a regulated air pollutant subject to an 16 applicable Clean Air Act requirement, but not 17 otherwise regulated under the permit, and the 18 emissions resulting from those changes. 19 c. The Agency shall have the authority to adopt 20 procedural rules, in accordance with the Illinois 21 Administrative Procedure Act, as the Agency deems 22 necessary to implement this subsection. 23 13. Administrative Permit Amendments. 24 a. The Agency shall take final action on a request 25 for an administrative permit amendment within 60 days of 26 receipt of the request. Neither notice nor an 27 opportunity for public and affected State comment shall 28 be required for the Agency to incorporate such revisions, 29 provided it designates the permit revisions as having 30 been made pursuant to this subsection. 31 b. The Agency shall submit a copy of the revised 32 permit to USEPA. 33 c. For purposes of this Section the term 34 "administrative permit amendment" shall be defined as:a HB3373 Engrossed -47- LRB9201352LDprB 1 permit revision that can accomplish one or more of the 2 changes described below: 3 i. Corrects typographical errors; 4 ii. Identifies a change in the name, address, 5 or phone number of any person identified in the 6 permit, or provides a similar minor administrative 7 change at the source; 8 iii. Requires more frequent monitoring or 9 reporting by the permittee; 10 iv. Allows for a change in ownership or 11 operational control of a source where the Agency 12 determines that no other change in the permit is 13 necessary, provided that a written agreement 14 containing a specific date for transfer of permit 15 responsibility, coverage, and liability between the 16 current and new permittees has been submitted to the 17 Agency; 18 v. Incorporates into the CAAPP permit the 19 requirements from preconstruction review permits 20 authorized under a USEPA-approved program, provided 21 the program meets procedural and compliance 22 requirements substantially equivalent to those 23 contained in this Section; 24 vi. (Blank)Incorporates into the CAAPP permit25revised limitations or other requirements resulting26from the application of an approved economic27incentives rule, a marketable permits rule or28generic emissions trading rule, where these rules29have been approved by USEPA and require changes30thereunder to meet procedural requirements31substantially equivalent to those specified in this32Section; or 33 vii. Any other type of change which USEPA has 34 determined as part of the approved CAAPP permit HB3373 Engrossed -48- LRB9201352LDprB 1 program to be similar to those included in this 2 subsection. 3 d. The Agency shall, upon taking final action 4 granting a request for an administrative permit 5 amendment, allow coverage by the permit shield in 6 paragraph 7(j) of this Section for administrative permit 7 amendments made pursuant to subparagraph (c)(v) of this 8 subsection which meet the relevant requirements for 9 significant permit modifications. 10 e. Permit revisions and modifications, including 11 administrative amendments and automatic amendments 12 (pursuant to Sections 408(b) and 403(d) of the Clean Air 13 Act or regulations promulgated thereunder), for purposes 14 of the acid rain portion of the permit shall be governed 15 by the regulations promulgated under Title IV of the 16 Clean Air Act. Owners or operators of affected sources 17 for acid deposition shall have the flexibility to amend 18 their compliance plans as provided in the regulations 19 promulgated under Title IV of the Clean Air Act. 20 f. The CAAPP source may implement the changes 21 addressed in the request for an administrative permit 22 amendment immediately upon submittal of the request. 23 g. 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. 27 14. Permit Modifications. 28 a. Minor permit modification procedures. 29 i. The Agency shall review a permit 30 modification using the "minor permit" modification 31 procedures only for those permit modifications that: 32 A. Do not violate any applicable 33 requirement; 34 B. Do not involve significant changes to HB3373 Engrossed -49- LRB9201352LDprB 1 existing monitoring, reporting, or 2 recordkeeping requirements in the permit; 3 C. Do not require a case-by-case 4 determination of an emission limitation or 5 other standard, or a source-specific 6 determination of ambient impacts, or a 7 visibility or increment analysis; 8 D. Do not seek to establish or change a 9 permit term or condition for which there is no 10 corresponding underlying requirement and which 11 avoids an applicable requirement to which the 12 source would otherwise be subject. Such terms 13 and conditions include: 14 1. A federally enforceable emissions 15 cap assumed to avoid classification as a 16 modification under any provision of Title 17 I of the Clean Air Act; and 18 2. An alternative emissions limit 19 approved pursuant to regulations 20 promulgated under Section 112(i)(5) of the 21 Clean Air Act; 22 E. Are not modifications under any 23 provision of Title I of the Clean Air Act; and 24 F. Are not required to be processed as a 25 significant modification. 26 ii. Notwithstanding subparagraphs (a)(i) and 27 (b)(ii) of this subsection, minor permit 28 modification procedures may be used for permit 29 modifications involving the use of economic 30 incentives, marketable permits, emissions trading, 31 and other similar approaches, to the extent that 32 such minor permit modification procedures are 33 explicitly provided for in an applicable 34 implementation plan or in applicable requirements HB3373 Engrossed -50- LRB9201352LDprB 1 promulgated by USEPA. 2 iii. An applicant requesting the use of minor 3 permit modification procedures shall meet the 4 requirements of subsection 5 of this Section and 5 shall include the following in its application: 6 A. A description of the change, the 7 emissions resulting from the change, and any 8 new applicable requirements that will apply if 9 the change occurs; 10 B. The source's suggested draft permit; 11 C. Certification by a responsible 12 official, consistent with paragraph 5(e) of 13 this Section and applicable regulations, that 14 the proposed modification meets the criteria 15 for use of minor permit modification procedures 16 and a request that such procedures be used; and 17 D. Completed forms for the Agency to use 18 to notify USEPA and affected States as required 19 under subsections 8 and 9 of this Section. 20 iv. Within 5 working days of receipt of a 21 complete permit modification application, the Agency 22 shall notify USEPA and affected States of the 23 requested permit modification in accordance with 24 subsections 8 and 9 of this Section. The Agency 25 promptly shall send any notice required under 26 paragraph 8(d) of this Section to USEPA. 27 v. The Agency may not issue a final permit 28 modification until after the 45-day review period 29 for USEPA or until USEPA has notified the Agency 30 that USEPA will not object to the issuance of the 31 permit modification, whichever comes first, although 32 the Agency can approve the permit modification prior 33 to that time. Within 90 days of the Agency's 34 receipt of an application under the minor permit HB3373 Engrossed -51- LRB9201352LDprB 1 modification procedures or 15 days after the end of 2 USEPA's 45-day review period under subsection 9 of 3 this Section, whichever is later, the Agency shall: 4 A. Issue the permit modification as 5 proposed; 6 B. Deny the permit modification 7 application; 8 C. Determine that the requested 9 modification does not meet the minor permit 10 modification criteria and should be reviewed 11 under the significant modification procedures; 12 or 13 D. Revise the draft permit modification 14 and transmit to USEPA the new proposed permit 15 modification as required by subsection 9 of 16 this Section. 17 vi. Any CAAPP source may make the change 18 proposed in its minor permit modification 19 application immediately after it files such 20 application. After the CAAPP source makes the 21 change allowed by the preceding sentence, and until 22 the Agency takes any of the actions specified in 23 subparagraphs (a)(v)(A) through (a)(v)(C) of this 24 subsection, the source must comply with both the 25 applicable requirements governing the change and the 26 proposed permit terms and conditions. During this 27 time period, the source need not comply with the 28 existing permit terms and conditions it seeks to 29 modify. If the source fails to comply with its 30 proposed permit terms and conditions during this 31 time period, the existing permit terms and 32 conditions which it seeks to modify may be enforced 33 against it. 34 vii. The permit shield under subparagraph 7(j) HB3373 Engrossed -52- LRB9201352LDprB 1 of this Section may not extend to minor permit 2 modifications. 3 viii. If a construction permit is required, 4 pursuant to Section 39(a) of this Act and 5 regulations thereunder, for a change for which the 6 minor permit modification procedures are applicable, 7 the source may request that the processing of the 8 construction permit application be consolidated with 9 the processing of the application for the minor 10 permit modification. In such cases, the provisions 11 of this Section, including those within subsections 12 5, 8, and 9, shall apply and the Agency shall act on 13 such applications pursuant to subparagraph 14(a)(v). 14 The source may make the proposed change immediately 15 after filing its application for the minor permit 16 modification. Nothing in this subparagraph shall 17 otherwise affect the requirements and procedures 18 applicable to construction permits. 19 b. Group Processing of Minor Permit Modifications. 20 i. Where requested by an applicant within its 21 application, the Agency shall process groups of a 22 source's applications for certain modifications 23 eligible for minor permit modification processing 24 in accordance with the provisions of this paragraph 25 (b). 26 ii. Permit modifications may be processed in 27 accordance with the procedures for group processing, 28 for those modifications: 29 A. Which meet the criteria for minor 30 permit modification procedures under 31 subparagraph 14(a)(i) of this Section; and 32 B. That collectively are below 10 percent 33 of the emissions allowed by the permit for the 34 emissions unit for which change is requested, HB3373 Engrossed -53- LRB9201352LDprB 1 20 percent of the applicable definition of 2 major source set forth in subsection 2 of this 3 Section, or 5 tons per year, whichever is 4 least. 5 iii. An applicant requesting the use of group 6 processing procedures shall meet the requirements of 7 subsection 5 of this Section and shall include the 8 following in its application: 9 A. A description of the change, the 10 emissions resulting from the change, and any 11 new applicable requirements that will apply if 12 the change occurs. 13 B. The source's suggested draft permit. 14 C. Certification by a responsible 15 official consistent with paragraph 5(e) of this 16 Section, that the proposed modification meets 17 the criteria for use of group processing 18 procedures and a request that such procedures 19 be used. 20 D. A list of the source's other pending 21 applications awaiting group processing, and a 22 determination of whether the requested 23 modification, aggregated with these other 24 applications, equals or exceeds the threshold 25 set under subparagraph (b)(ii)(B) of this 26 subsection. 27 E. Certification, consistent with 28 paragraph 5(e), that the source has notified 29 USEPA of the proposed modification. Such 30 notification need only contain a brief 31 description of the requested modification. 32 F. Completed forms for the Agency to use 33 to notify USEPA and affected states as required 34 under subsections 8 and 9 of this Section. HB3373 Engrossed -54- LRB9201352LDprB 1 iv. On a quarterly basis or within 5 business 2 days of receipt of an application demonstrating that 3 the aggregate of a source's pending applications 4 equals or exceeds the threshold level set forth 5 within subparagraph (b)(ii)(B) of this subsection, 6 whichever is earlier, the Agency shall promptly 7 notify USEPA and affected States of the requested 8 permit modifications in accordance with subsections 9 8 and 9 of this Section. The Agency shall send any 10 notice required under paragraph 8(d) of this Section 11 to USEPA. 12 v. The provisions of subparagraph (a)(v) of 13 this subsection shall apply to modifications 14 eligible for group processing, except that the 15 Agency shall take one of the actions specified in 16 subparagraphs (a)(v)(A) through (a)(v)(D) of this 17 subsection within 180 days of receipt of the 18 application or 15 days after the end of USEPA's 19 45-day review period under subsection 9 of this 20 Section, whichever is later. 21 vi. The provisions of subparagraph (a)(vi) of 22 this subsection shall apply to modifications for 23 group processing. 24 vii. The provisions of paragraph 7(j) of this 25 Section shall not apply to modifications eligible 26 for group processing. 27 c. Significant Permit Modifications. 28 i. Significant modification procedures shall 29 be used for applications requesting significant 30 permit modifications and for those applications that 31 do not qualify as either minor permit modifications 32 or as administrative permit amendments. 33 ii. Every significant change in existing 34 monitoring permit terms or conditions and every HB3373 Engrossed -55- LRB9201352LDprB 1 relaxation of reporting or recordkeeping 2 requirements shall be considered significant. A 3 modification shall also be considered significant if 4 in the judgment of the Agency action on an 5 application for modification would require decisions 6 to be made on technically complex issues. Nothing 7 herein shall be construed to preclude the permittee 8 from making changes consistent with this Section 9 that would render existing permit compliance terms 10 and conditions irrelevant. 11 iii. Significant permit modifications must 12 meet all the requirements of this Section, including 13 those for applications (including completeness 14 review), public participation, review by affected 15 States, and review by USEPA applicable to initial 16 permit issuance and permit renewal. The Agency 17 shall take final action on significant permit 18 modifications within 9 months after receipt of a 19 complete application. 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 15. Reopenings for Cause by the Agency. 25 a. Each issued CAAPP permit shall include 26 provisions specifying the conditions under which the 27 permit will be reopened prior to the expiration of the 28 permit. Such revisions shall be made as expeditiously as 29 practicable. A CAAPP permit shall be reopened and 30 revised under any of the following circumstances, in 31 accordance with procedures adopted by the Agency: 32 i. Additional requirements under the Clean Air 33 Act become applicable to a major CAAPP source for 34 which 3 or more years remain on the original term of HB3373 Engrossed -56- LRB9201352LDprB 1 the permit. Such a reopening shall be completed not 2 later than 18 months after the promulgation of the 3 applicable requirement. No such revision is 4 required if the effective date of the requirement is 5 later than the date on which the permit is due to 6 expire. 7 ii. Additional requirements (including excess 8 emissions requirements) become applicable to an 9 affected source for acid deposition under the acid 10 rain program. Excess emissions offset plans shall 11 be deemed to be incorporated into the permit upon 12 approval by USEPA. 13 iii. The Agency or USEPA determines that the 14 permit contains a material mistake or that 15 inaccurate statements were made in establishing the 16 emissions standards, limitations, or other terms or 17 conditions of the permit. 18 iv. The Agency or USEPA determines that the 19 permit must be revised or revoked to assure 20 compliance with the applicable requirements. 21 b. In the event that the Agency determines that 22 there are grounds for revoking a CAAPP permit, for cause, 23 consistent with paragraph a of this subsection, it shall 24 file a petition before the Board setting forth the basis 25 for such revocation. In any such proceeding, the Agency 26 shall have the burden of establishing that the permit 27 should be revoked under the standards set forth in this 28 Act and the Clean Air Act. Any such proceeding shall be 29 conducted pursuant to the Board's procedures for 30 adjudicatory hearings and the Board shall render its 31 decision within 120 days of the filing of the petition. 32 The Agency shall take final action to revoke and reissue 33 a CAAPP permit consistent with the Board's order. 34 c. Proceedings regarding a reopened CAAPP permit HB3373 Engrossed -57- LRB9201352LDprB 1 shall follow the same procedures as apply to initial 2 permit issuance and shall affect only those parts of the 3 permit for which cause to reopen exists. 4 d. Reopenings under paragraph (a) of this 5 subsection shall not be initiated before a notice of such 6 intent is provided to the CAAPP source by the Agency at 7 least 30 days in advance of the date that the permit is 8 to be reopened, except that the Agency may provide a 9 shorter time period in the case of an emergency. 10 e. 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 16. Reopenings for Cause by USEPA. 15 a. When USEPA finds that cause exists to terminate, 16 modify, or revoke and reissue a CAAPP permit pursuant to 17 subsection 15 of this Section, and thereafter notifies 18 the Agency and the permittee of such finding in writing, 19 the Agency shall forward to USEPA and the permittee a 20 proposed determination of termination, modification, or 21 revocation and reissuance as appropriate, in accordance 22 with paragraph b of this subsection. The Agency's 23 proposed determination shall be in accordance with the 24 record, the Clean Air Act, regulations promulgated 25 thereunder, this Act and regulations promulgated 26 thereunder. Such proposed determination shall not affect 27 the permit or constitute a final permit action for 28 purposes of this Act or the Administrative Review Law. 29 The Agency shall forward to USEPA such proposed 30 determination within 90 days after receipt of the 31 notification from USEPA. If additional time is necessary 32 to submit the proposed determination, the Agency shall 33 request a 90-day extension from USEPA and shall submit 34 the proposed determination within 180 days of receipt of HB3373 Engrossed -58- LRB9201352LDprB 1 notification from USEPA. 2 b. i. Prior to the Agency's submittal to USEPA 3 of a proposed determination to terminate or revoke 4 and reissue the permit, the Agency shall file a 5 petition before the Board setting forth USEPA's 6 objection, the permit record, the Agency's proposed 7 determination, and the justification for its 8 proposed determination. The Board shall conduct a 9 hearing pursuant to the rules prescribed by Section 10 32 of this Act, and the burden of proof shall be on 11 the Agency. 12 ii. After due consideration of the written and 13 oral statements, the testimony and arguments that 14 shall be submitted at hearing, the Board shall issue 15 and enter an interim order for the proposed 16 determination, which shall set forth all changes, if 17 any, required in the Agency's proposed 18 determination. The interim order shall comply with 19 the requirements for final orders as set forth in 20 Section 33 of this Act. Issuance of an interim order 21 by the Board under this paragraph, however, shall 22 not affect the permit status and does not constitute 23 a final action for purposes of this Act or the 24 Administrative Review Law. 25 iii. The Board shall cause a copy of its 26 interim order to be served upon all parties to the 27 proceeding as well as upon USEPA. The Agency shall 28 submit the proposed determination to USEPA in 29 accordance with the Board's Interim Order within 180 30 days after receipt of the notification from USEPA. 31 c. USEPA shall review the proposed determination to 32 terminate, modify, or revoke and reissue the permit 33 within 90 days of receipt. 34 i. When USEPA reviews the proposed HB3373 Engrossed -59- LRB9201352LDprB 1 determination to terminate or revoke and reissue and 2 does not object, the Board shall, within 7 days of 3 receipt of USEPA's final approval, enter the interim 4 order as a final order. The final order may be 5 appealed as provided by Title XI of this Act. The 6 Agency shall take final action in accordance with 7 the Board's final order. 8 ii. When USEPA reviews such proposed 9 determination to terminate or revoke and reissue and 10 objects, the Agency shall submit USEPA's objection 11 and the Agency's comments and recommendation on the 12 objection to the Board and permittee. The Board 13 shall review its interim order in response to 14 USEPA's objection and the Agency's comments and 15 recommendation and issue a final order in accordance 16 with Sections 32 and 33 of this Act. The Agency 17 shall, within 90 days after receipt of such 18 objection, respond to USEPA's objection in 19 accordance with the Board's final order. 20 iii. When USEPA reviews such proposed 21 determination to modify and objects, the Agency 22 shall, within 90 days after receipt of the 23 objection, resolve the objection and modify the 24 permit in accordance with USEPA's objection, based 25 upon the record, the Clean Air Act, regulations 26 promulgated thereunder, this Act, and regulations 27 promulgated thereunder. 28 d. If the Agency fails to submit the proposed 29 determination pursuant to paragraph a of this subsection 30 or fails to resolve any USEPA objection pursuant to 31 paragraph c of this subsection, USEPA will terminate, 32 modify, or revoke and reissue the permit. 33 e. The Agency shall have the authority to adopt 34 procedural rules, in accordance with the Illinois HB3373 Engrossed -60- LRB9201352LDprB 1 Administrative Procedure Act, as the Agency deems 2 necessary, to implement this subsection. 3 17. Title IV; Acid Rain Provisions. 4 a. The Agency shall act on initial CAAPP 5 applications for affected sources for acid deposition in 6 accordance with this Section and Title V of the Clean Air 7 Act and regulations promulgated thereunder, except as 8 modified by Title IV of the Clean Air Act and regulations 9 promulgated thereunder. The Agency shall issue initial 10 CAAPP permits to the affected sources for acid deposition 11 which shall become effective no earlier than January 1, 12 1995, and which shall terminate on December 31, 1999, in 13 accordance with this Section. Subsequent CAAPP permits 14 issued to affected sources for acid deposition shall be 15 issued for a fixed term of 5 years. Title IV of the Clean 16 Air Act and regulations promulgated thereunder, including 17 but not limited to 40 C.F.R. Part 72, as now or hereafter 18 amended, are applicable to and enforceable under this 19 Act. 20 b. A designated representative of an affected 21 source for acid deposition shall submit a timely and 22 complete Phase II acid rain permit application and 23 compliance plan to the Agency, not later than January 1, 24 1996, that meets the requirements of Titles IV and V of 25 the Clean Air Act and regulations. The Agency shall act 26 on the Phase II acid rain permit application and 27 compliance plan in accordance with this Section and Title 28 V of the Clean Air Act and regulations promulgated 29 thereunder, except as modified by Title IV of the Clean 30 Air Act and regulations promulgated thereunder. The 31 Agency shall issue the Phase II acid rain permit to an 32 affected source for acid deposition no later than 33 December 31, 1997, which shall become effective on 34 January 1, 2000, in accordance with this Section, except HB3373 Engrossed -61- LRB9201352LDprB 1 as modified by Title IV and regulations promulgated 2 thereunder; provided that the designated representative 3 of the source submitted a timely and complete Phase II 4 permit application and compliance plan to the Agency that 5 meets the requirements of Title IV and V of the Clean Air 6 Act and regulations. 7 c. Each Phase II acid rain permit issued in 8 accordance with this subsection shall have a fixed term 9 of 5 years. Except as provided in paragraph b above, the 10 Agency shall issue or deny a Phase II acid rain permit 11 within 18 months of receiving a complete Phase II permit 12 application and compliance plan. 13 d. A designated representative of a new unit, as 14 defined in Section 402 of the Clean Air Act, shall submit 15 a timely and complete Phase II acid rain permit 16 application and compliance plan that meets the 17 requirements of Titles IV and V of the Clean Air Act and 18 its regulations. The Agency shall act on the new unit's 19 Phase II acid rain permit application and compliance plan 20 in accordance with this Section and Title V of the Clean 21 Air Act and its regulations, except as modified by Title 22 IV of the Clean Air Act and its regulations. The Agency 23 shall reopen the new unit's CAAPP permit for cause to 24 incorporate the approved Phase II acid rain permit in 25 accordance with this Section. The Phase II acid rain 26 permit for the new unit shall become effective no later 27 than the date required under Title IV of the Clean Air 28 Act and its regulations. 29 e. A designated representative of an affected 30 source for acid deposition shall submit a timely and 31 complete Title IV NOx permit application to the Agency, 32 not later than January 1, 1998, that meets the 33 requirements of Titles IV and V of the Clean Air Act and 34 its regulations. The Agency shall reopen the Phase II HB3373 Engrossed -62- LRB9201352LDprB 1 acid rain permit for cause and incorporate the approved 2 NOx provisions into the Phase II acid rain permit not 3 later than January 1, 1999, in accordance with this 4 Section, except as modified by Title IV of the Clean Air 5 Act and regulations promulgated thereunder. Such 6 reopening shall not affect the term of the Phase II acid 7 rain permit. 8 f. The designated representative of the affected 9 source for acid deposition shall renew the initial CAAPP 10 permit and Phase II acid rain permit in accordance with 11 this Section and Title V of the Clean Air Act and 12 regulations promulgated thereunder, except as modified by 13 Title IV of the Clean Air Act and regulations promulgated 14 thereunder. 15 g. In the case of an affected source for acid 16 deposition for which a complete Phase II acid rain permit 17 application and compliance plan are timely received under 18 this subsection, the complete permit application and 19 compliance plan, including amendments thereto, shall be 20 binding on the owner, operator and designated 21 representative, all affected units for acid deposition at 22 the affected source, and any other unit, as defined in 23 Section 402 of the Clean Air Act, governed by the Phase 24 II acid rain permit application and shall be enforceable 25 as an acid rain permit for purposes of Titles IV and V of 26 the Clean Air Act, from the date of submission of the 27 acid rain permit application until a Phase II acid rain 28 permit is issued or denied by the Agency. 29 h. The Agency shall not include or implement any 30 measure which would interfere with or modify the 31 requirements of Title IV of the Clean Air Act or 32 regulations promulgated thereunder. 33 i. Nothing in this Section shall be construed as 34 affecting allowances or USEPA's decision regarding an HB3373 Engrossed -63- LRB9201352LDprB 1 excess emissions offset plan, as set forth in Title IV of 2 the Clean Air Act or regulations promulgated thereunder. 3 i. No permit revision shall be required for 4 increases in emissions that are authorized by 5 allowances acquired pursuant to the acid rain 6 program, provided that such increases do not require 7 a permit revision under any other applicable 8 requirement. 9 ii. No limit shall be placed on the number of 10 allowances held by the source. The source may not, 11 however, use allowances as a defense to 12 noncompliance with any other applicable requirement. 13 iii. Any such allowance shall be accounted for 14 according to the procedures established in 15 regulations promulgated under Title IV of the Clean 16 Air Act. 17 j. To the extent that the federal regulations 18 promulgated under Title IV, including but not limited to 19 40 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 24 any 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 27 violate any terms or conditions of a Phase II acid rain 28 permit issued under this subsection, to operate any 29 affected source for acid deposition except in compliance 30 with a Phase II acid rain permit issued by the Agency 31 under this subsection, or to violate any other applicable 32 requirements. 33 m. The designated representative of an affected 34 source for acid deposition shall submit to the Agency the HB3373 Engrossed -64- LRB9201352LDprB 1 data and information submitted quarterly to USEPA, 2 pursuant to 40 CFR 75.64, concurrently with the 3 submission to USEPA. The submission shall be in the same 4 electronic format as specified by USEPA. 5 n. The Agency shall act on any petition for 6 exemption of a new unit or retired unit, as those terms 7 are defined in Section 402 of the Clean Air Act, from the 8 requirements of the acid rain program in accordance with 9 Title IV of the Clean Air Act and its regulations. 10 o. The Agency shall have the authority to adopt 11 procedural rules, in accordance with the Illinois 12 Administrative Procedure Act, as the Agency deems 13 necessary to implement this subsection. 14 18. Fee Provisions. 15 a. For each 12 month period after the date on which 16 the USEPA approves or conditionally approves the CAAPP, 17 but in no event prior to January 1, 1994, a source 18 subject to this Section or excluded under subsection 1.1 19 or paragraph 3(c) of this Section, shall pay a fee as 20 provided in this part (a) of this subsection 18. 21 However, a source that has been excluded from the 22 provisions of this Section under subsection 1.1 or 23 paragraph 3(c) of this Section because the source emits 24 less than 25 tons per year of any combination of 25 regulated air pollutants shall pay fees in accordance 26 with paragraph (1) of subsection (b) of Section 9.6. 27 i. The fee for a source allowed to emit less 28 than 100 tons per year of any combination of 29 regulated air pollutants shall be $1,000 per year. 30 ii. The fee for a source allowed to emit 100 31 tons or more per year of any combination of 32 regulated air pollutants, except for those regulated 33 air pollutants excluded in paragraph 18(f) of this 34 subsection, shall be as follows: HB3373 Engrossed -65- LRB9201352LDprB 1 A. The Agency shall assess an annual fee 2 of $13.50 per ton for the allowable emissions 3 of all regulated air pollutants at that source 4 during the term of the permit. These fees 5 shall be used by the Agency and the Board to 6 fund the activities required by Title V of the 7 Clean Air Act including such activities as may 8 be carried out by other State or local agencies 9 pursuant to paragraph (d) of this subsection. 10 The amount of such fee shall be based on the 11 information supplied by the applicant in its 12 complete CAAPP permit application or in the 13 CAAPP permit if the permit has been granted and 14 shall be determined by the amount of emissions 15 that the source is allowed to emit annually, 16 provided however, that no source shall be 17 required to pay an annual fee in excess of 18 $100,000. The Agency shall provide as part of 19 the permit application form required under 20 subsection 5 of this Section a separate fee 21 calculation form which will allow the applicant 22 to identify the allowable emissions and 23 calculate the fee for the term of the permit. 24 In no event shall the Agency raise the amount 25 of allowable emissions requested by the 26 applicant unless such increases are required to 27 demonstrate compliance with terms of a CAAPP 28 permit. 29 Notwithstanding the above, any applicant 30 may seek a change in its permit which would 31 result in increases in allowable emissions due 32 to an increase in the hours of operation or 33 production rates of an emission unit or units 34 and such a change shall be consistent with the HB3373 Engrossed -66- LRB9201352LDprB 1 construction permit requirements of the 2 existing State permit program, under Section 3 39(a) of this Act and applicable provisions of 4 this Section. Where a construction permit is 5 required, the Agency shall expeditiously grant 6 such construction permit and shall, if 7 necessary, modify the CAAPP permit based on the 8 same application. 9 B.Except for the first year of the10CAAPP,The applicant or permittee may pay the 11 fee annually or semiannually for those fees 12 greater than $5,000. However, any applicant 13 paying a fee equal to or greater than $100,000 14 shall pay the full amount on July 1, for the 15 subsequent fiscal year, or pay 50% of the fee 16 on July 1 and the remaining 50% by the next 17 January 1. The Agency may change any annual 18 billing date upon reasonable notice, but shall 19 prorate the new bill so that the permittee or 20 applicant does not pay more than its required 21 fees for the fee period for which payment is 22 made. 23 b. (Blank).For fiscal year 1999 and each fiscal24year thereafter, to the extent that permit fees collected25and deposited in the CAA Permit Fund during that fiscal26year exceed 115% of the actual expenditures (excluding27permit fee reimbursements) from the CAA Permit Fund for28that fiscal year (including lapse period spending), the29excess shall be reimbursed to the permittees in30proportion to their original fee payments. Such31reimbursements shall be made during the next fiscal year32and may be made in the form of a credit against that33fiscal year's permit fee.34 c. There shall be created a CAA Fee Panel of 5 HB3373 Engrossed -67- LRB9201352LDprB 1 persons. The Panel shall: 2 i. If it deems necessary on an annual basis, 3 render advisory opinions to the Agency and the 4 General Assembly regarding the appropriate level of 5 Title V Clean Air Act fees for the next fiscal year. 6 Such advisory opinions shall be based on a study of 7 the operations of the Agency and any other entity 8 requesting appropriations from the CAA Permit Fund. 9 This study shall recommend changes in the fee 10 structure, if warranted. The study will be based on 11 the ability of the Agency or other entity to 12 effectively utilize the funds generated as well as 13 the entity's conformance with the objectives and 14 measurable benchmarks identified by the Agency as 15 justification for the prior year's fee. Such 16 advisory opinions shall be submitted to the 17 appropriation committees no later than April 15th of 18 each year. 19 ii. Not be compensated for their services, but 20 shall receive reimbursement for their expenses. 21 iii. Be appointed as follows: 4 members by 22 the Director of the Agency from a list of no more 23 than 8 persons, submitted by representatives of 24 associations who represent facilities subject to the 25 provisions of this subsection and the Director of 26 the Agency or designee. 27 d. There is hereby created in the State Treasury a 28 special fund to be known as the "CAA Permit Fund". All 29 Funds collected by the Agency pursuant to this subsection 30 shall be deposited into the Fund. The General Assembly 31 shall appropriate monies from this Fund to the Agency and 32 to the Board to carry out their obligations under this 33 Section. The General Assembly may also authorize monies 34 to be granted by the Agency from this Fund to other State HB3373 Engrossed -68- LRB9201352LDprB 1 and local agencies which perform duties related to the 2 CAAPP. Interest generated on the monies deposited in this 3 Fund shall be returned to the Fund. The General Assembly 4 may appropriate up to the sum of $25,000 to the Agency 5 from the CAA Permit Fund for use by the Panel in carrying 6 out its responsibilities under this subsection. 7 e. The Agency shall have the authority to adopt 8 procedural rules, in accordance with the Illinois 9 Administrative Procedure Act, as the Agency deems 10 necessary to implement this subsection. 11 f. For purposes of this subsection, the term 12 "regulated air pollutant" shall have the meaning given to 13 it under subsection 1 of this Section but shall exclude 14 the following: 15 i. carbon monoxide; 16 ii. any Class I or II substance which is a 17 regulated air pollutant solely because it is listed 18 pursuant to Section 602 of the Clean Air Act; and 19 iii. any pollutant that is a regulated air 20 pollutant solely because it is subject to a standard 21 or regulation under Section 112(r) of the Clean Air 22 Act based on the emissions allowed in the permit 23 effective in that calendar year, at the time the 24 applicable bill is generated; and25iv. during the years 1995 through 199926inclusive, any emissions from affected sources for27acid deposition under Section 408(c)(4) of the Clean28Air Act. 29 19. Air Toxics Provisions. 30 a. In the event that the USEPA fails to promulgate 31 in a timely manner a standard pursuant to Section 112(d) 32 of the Clean Air Act, the Agency shall have the authority 33 to issue permits, pursuant to Section 112(j) of the Clean 34 Air Act and regulations promulgated thereunder, which HB3373 Engrossed -69- LRB9201352LDprB 1 contain emission limitations which are equivalent to the 2 emission limitations that would apply to a source if an 3 emission standard had been promulgated in a timely manner 4 by USEPA pursuant to Section 112(d). Provided, however, 5 that the owner or operator of a source shall have the 6 opportunity to submit to the Agency a proposed emission 7 limitation which it determines to be equivalent to the 8 emission limitations that would apply to such source if 9 an emission standard had been promulgated in a timely 10 manner by USEPA. If the Agency refuses to include the 11 emission limitation proposed by the owner or operator in 12 a CAAPP permit, the owner or operator may petition the 13 Board to establish whether the emission limitation 14 proposal submitted by the owner or operator provides for 15 emission limitations which are equivalent to the emission 16 limitations that would apply to the source if the 17 emission standard had been promulgated by USEPA in a 18 timely manner. The Board shall determine whether the 19 emission limitation proposed by the owner or operator or 20 an alternative emission limitation proposed by the Agency 21 provides for the level of control required under Section 22 112 of the Clean Air Act, or shall otherwise establish an 23 appropriate emission limitation, pursuant to Section 112 24 of the Clean Air Act. 25 b. Any Board proceeding brought under paragraph (a) 26 or (e) of this subsection shall be conducted according to 27 the Board's procedures for adjudicatory hearings and the 28 Board shall render its decision within 120 days of the 29 filing of the petition. Any such decision shall be 30 subject to review pursuant to Section 41 of this Act. 31 Where USEPA promulgates an applicable emission standard 32 prior to the issuance of the CAAPP permit, the Agency 33 shall include in the permit the promulgated standard, 34 provided that the source shall have the compliance period HB3373 Engrossed -70- LRB9201352LDprB 1 provided under Section 112(i) of the Clean Air Act. Where 2 USEPA promulgates an applicable standard subsequent to 3 the issuance of the CAAPP permit, the Agency shall revise 4 such permit upon the next renewal to reflect the 5 promulgated standard, providing a reasonable time for the 6 applicable source to comply with the standard, but no 7 longer than 8 years after the date on which the source is 8 first required to comply with the emissions limitation 9 established under this subsection. 10 c. The Agency shall have the authority to implement 11 and enforce complete or partial emission standards 12 promulgated by USEPA pursuant to Section 112(d), and 13 standards promulgated by USEPA pursuant to Sections 14 112(f), 112(h), 112(m), and 112(n), and may accept 15 delegation of authority from USEPA to implement and 16 enforce Section 112(l) and requirements for the 17 prevention and detection of accidental releases pursuant 18 to Section 112(r) of the Clean Air Act. 19 d. The Agency shall have the authority to issue 20 permits pursuant to Section 112(i)(5) of the Clean Air 21 Act. 22 e. The Agency has the authority to implement 23 Section 112(g) of the Clean Air Act consistent with the 24 Clean Air Act and federal regulations promulgated 25 thereunder. If the Agency refuses to include the emission 26 limitations proposed in an application submitted by an 27 owner or operator for a case-by-case maximum achievable 28 control technology (MACT) determination, the owner or 29 operator may petition the Board to determine whether the 30 emission limitation proposed by the owner or operator or 31 an alternative emission limitation proposed by the Agency 32 provides for a level of control required by Section 112 33 of the Clean Air Act, or to otherwise establish an 34 appropriate emission limitation under Section 112 of the HB3373 Engrossed -71- LRB9201352LDprB 1 Clean Air Act. 2 20. Small Business. 3 a. For purposes of this subsection: 4 "Program" is the Small Business Stationary Source 5 Technical and Environmental Compliance Assistance Program 6 created within this State pursuant to Section 507 of the 7 Clean Air Act and guidance promulgated thereunder, to 8 provide technical assistance and compliance information 9 to small business stationary sources; 10 "Small Business Assistance Program" is a component 11 of the Program responsible for providing sufficient 12 communications with small businesses through the 13 collection and dissemination of information to small 14 business stationary sources; and 15 "Small Business Stationary Source" means a 16 stationary source that: 17 1. is owned or operated by a person that 18 employs 100 or fewer individuals; 19 2. is a small business concern as defined in 20 the "Small Business Act"; 21 3. is not a major source as that term is 22 defined in subsection 2 of this Section; 23 4. does not emit 50 tons or more per year of 24 any regulated air pollutant; and 25 5. emits less than 75 tons per year of all 26 regulated pollutants. 27 b. The Agency shall adopt and submit to USEPA, 28 after reasonable notice and opportunity for public 29 comment, as a revision to the Illinois state 30 implementation plan, plans for establishing the Program. 31 c. The Agency shall have the authority to enter 32 into such contracts and agreements as the Agency deems 33 necessary to carry out the purposes of this subsection. 34 d. The Agency may establish such procedures as it HB3373 Engrossed -72- LRB9201352LDprB 1 may deem necessary for the purposes of implementing and 2 executing its responsibilities under this subsection. 3 e. There shall be appointed a Small Business 4 Ombudsman (hereinafter in this subsection referred to as 5 "Ombudsman") to monitor the Small Business Assistance 6 Program. The Ombudsman shall be a nonpartisan designated 7 official, with the ability to independently assess 8 whether the goals of the Program are being met. 9 f. The State Ombudsman Office shall be located in 10 an existing Ombudsman office within the State or in any 11 State Department. 12 g. There is hereby created a State Compliance 13 Advisory Panel (hereinafter in this subsection referred 14 to as "Panel") for determining the overall effectiveness 15 of the Small Business Assistance Program within this 16 State. 17 h. The selection of Panel members shall be by the 18 following method: 19 1. The Governor shall select two members who 20 are not owners or representatives of owners of small 21 business stationary sources to represent the general 22 public; 23 2. The Director of the Agency shall select one 24 member to represent the Agency; and 25 3. The State Legislature shall select four 26 members who are owners or representatives of owners 27 of small business stationary sources. Both the 28 majority and minority leadership in both Houses of 29 the Legislature shall appoint one member of the 30 panel. 31 i. Panel members should serve without compensation 32 but will receive full reimbursement for expenses 33 including travel and per diem as authorized within this 34 State. HB3373 Engrossed -73- LRB9201352LDprB 1 j. The Panel shall select its own Chair by a 2 majority vote. The Chair may meet and consult with the 3 Ombudsman and the head of the Small Business Assistance 4 Program in planning the activities for the Panel. 5 21. Temporary Sources. 6 a. The Agency may issue a single permit authorizing 7 emissions from similar operations by the same source 8 owner or operator at multiple temporary locations, except 9 for sources which are affected sources for acid 10 deposition under Title IV of the Clean Air Act. 11 b. The applicant must demonstrate that the 12 operation is temporary and will involve at least one 13 change of location during the term of the permit. 14 c. Any such permit shall meet all applicable 15 requirements of this Section and applicable regulations, 16 and include conditions assuring compliance with all 17 applicable requirements at all authorized locations and 18 requirements that the owner or operator notify the Agency 19 at least 10 days in advance of each change in location. 20 22. Solid Waste Incineration Units. 21 a. A CAAPP permit for a solid waste incineration 22 unit combusting municipal waste subject to standards 23 promulgated under Section 129(e) of the Clean Air Act 24 shall be issued for a period of 12 years and shall be 25 reviewed every 5 years, unless the Agency requires more 26 frequent review through Agency procedures. 27 b. During the review in paragraph (a) of this 28 subsection, the Agency shall fully review the previously 29 submitted CAAPP permit application and corresponding 30 reports subsequently submitted to determine whether the 31 source is in compliance with all applicable requirements. 32 c. If the Agency determines that the source is not 33 in compliance with all applicable requirements it shall HB3373 Engrossed -74- LRB9201352LDprB 1 revise the CAAPP permit as appropriate. 2 d. The Agency shall have the authority to adopt 3 procedural rules, in accordance with the Illinois 4 Administrative Procedure Act, as the Agency deems 5 necessary, to implement this subsection. 6 (Source: P.A. 89-79, eff. 6-30-95; 90-14, eff. 7-1-97; 7 90-367, eff. 8-10-97; 90-773, eff. 8-14-98.) 8 (415 ILCS 5/54.12) (from Ch. 111 1/2, par. 1054.12) 9 Sec. 54.12. "Tire storage site" means a site where used 10 tires are stored or processed, other than (1) the site at 11 which the tires were separated from the vehicle wheel rim, 12 (2) the site where the used tires were accepted in trade as 13 part of a sale of new tires, or (3) a site at whichboth new14and usedtires are sold at retail in the regular course of 15 business, and at which not more than 250 used tires are kept 16 at any time or (4) a facility at which tires are sold at 17 retail provided that the facility maintains less than 1300 18 recyclable tires, 1300 tire carcasses, and 1300 used tires on 19 site and those tires are stored inside a building or so that 20 they are prevented from accumulating water. 21 (Source: P.A. 89-200, eff. 1-1-96.) 22 (415 ILCS 5/54.13) (from Ch. 111 1/2, par. 1054.13) 23 Sec. 54.13. "Used tire" means a worn, damaged, or 24 defective tire thatwhichis not mounted on a vehiclewheel25rim. 26 (Source: P.A. 86-452.) 27 (415 ILCS 5/55.3) (from Ch. 111 1/2, par. 1055.3) 28 Sec. 55.3. (a) Upon finding that an accumulation of used 29 or waste tires creates an immediate danger to health, the 30 Agency may take action pursuant to Section 34 of this Act. 31 (b) Upon making a finding that an accumulation of used HB3373 Engrossed -75- LRB9201352LDprB 1 or waste tires creates a hazard posing a threat to public 2 health or the environment, the Agency may undertake 3 preventive or corrective action in accordance with this 4 subsection. Such preventive or corrective action may consist 5 of any or all of the following: 6 (1) Treating and handling used or waste tires and 7 other infested materials within the area for control of 8 mosquitoes and other disease vectors. 9 (2) Relocation of ignition sources and any used or 10 waste tires within the area for control and prevention of 11 tire fires. 12 (3) Removal of used and waste tire accumulations 13 from the area. 14 (4) Removal of soil and water contamination related 15 to tire accumulations. 16 (5) Installation of devices to monitor and control 17 groundwater and surface water contamination related to 18 tire accumulations. 19 (6) Such other actions as may be authorized by 20 Board regulations. 21 (c) The Agency may, subject to the availability of 22 appropriated funds, undertake a consensual removal action for 23 the removal of up to 1,000 used or waste tires at no cost to 24 the owner according to the following requirements: 25 (1) Actions under this subsection shall be taken 26 pursuant to a written agreement between the Agency and 27 the owner of the tire accumulation. 28 (2) The written agreement shall at a minimum 29 specify: 30 (i) that the owner relinquishes any claim of 31 an ownership interest in any tires that are removed, 32 or in any proceeds from their sale; 33 (ii) that tires will no longer be allowed to 34 be accumulated at the site; HB3373 Engrossed -76- LRB9201352LDprB 1 (iii) that the owner will hold harmless the 2 Agency or any employee or contractor utilized by the 3 Agency to effect the removal, for any damage to 4 property incurred during the course of action under 5 this subsection, except for gross negligence or 6 intentional misconduct; and 7 (iv) any conditions upon or assistance 8 required from the owner to assure that the tires are 9 so located or arranged as to facilitate their 10 removal. 11 (3) The Agency may by rule establish conditions and 12 priorities for removal of used and waste tires under this 13 subsection. 14 (4) The Agency shall prescribe the form of written 15 agreements under this subsection. 16 (d) The Agency shall have authority to provide notice to 17 the owner or operator, or both, of a site where used or waste 18 tires are located and to the owner or operator, or both, of 19 the accumulation of tires at the site, whenever the Agency 20 finds that the used or waste tires pose a threat to public 21 health or the environment, or that there is notheowner or 22 operator, or both, is notproceeding in accordance with a 23 tire removal agreement approved under Section 55.4. 24 The notice provided by the Agency shall include the 25 identified preventive or corrective action, and shall provide 26 an opportunity for the owner or operator, or both, to perform 27 such action. 28 For sites with more than 250,000 passenger tire 29 equivalents, following the notice provided for by this 30 subsection (d), the Agency may enter into a written 31 reimbursement agreement with the owner or operator of the 32 site. The agreement shall provide a schedule for the owner 33 or operator to reimburse the Agency for costs incurred for 34 preventive or corrective action, which shall not exceed 5 HB3373 Engrossed -77- LRB9201352LDprB 1 years in length. An owner or operator making payments under a 2 written reimbursement agreement pursuant to this subsection 3 (d) shall not be liable for punitive damages under subsection 4 (h) of this Section. 5 (e) In accordance with constitutional limitations, the 6 Agency shall have authority to enter at all reasonable times 7 upon any private or public property for the purpose of taking 8 whatever preventive or corrective action is necessary and 9 appropriate in accordance with the provisions of this 10 Section, including but not limited to removal, processing or 11 treatment of used or waste tires, whenever the Agency finds 12 that used or waste tires pose a threat to public health or 13 the environment. 14 (f) In undertaking preventive, corrective or consensual 15 removal action under this Section the Agency may consider use 16 of the following: rubber reuse alternatives, shredding or 17 other conversion through use of mobile or fixed facilities, 18 energy recovery through burning or incineration, and landfill 19 disposal. To the extent practicable, the Agency shall 20 consult with the Department of Commerce and Community Affairs 21 regarding the availability of alternatives to landfilling 22 used and waste tires, and shall make every reasonable effort 23 to coordinate tire cleanup projects with applicable programs 24 that relate to such alternative practices. 25 (g) Except as otherwise provided in this Section, the 26 owner or operator of any site or accumulation of used or 27 waste tires at which the Agency has undertaken corrective or 28 preventive action under this Section shall be liable for all 29 costs thereof incurred by the State of Illinois, including 30 reasonable costs of collection. Any monies received by the 31 Agency hereunder shall be deposited into the Used Tire 32 Management Fund. The Agency may in its discretion store, 33 dispose of or convey the tires that are removed from an area 34 at which it has undertaken a corrective, preventive or HB3373 Engrossed -78- LRB9201352LDprB 1 consensual removal action, and may sell or store such tires 2 and other items, including but not limited to rims, that are 3 removed from the area. The net proceeds of any sale shall be 4 credited against the liability incurred by the owner or 5 operator for the costs of any preventive or corrective 6 action. 7 (h) Any person liable to the Agency for costs incurred 8 under subsection (g) of this Section may be liable to the 9 State of Illinois for punitive damages in an amount at least 10 equal to, and not more than 2 times, the costs incurred by 11 the State if such person failed without sufficient cause to 12 take preventive or corrective action pursuant to notice 13 issued under subsection (d) of this Section. 14 (i) There shall be no liability under subsection (g) of 15 this Section for a person otherwise liable who can establish 16 by a preponderance of the evidence that the hazard created by 17 the tires was caused solely by: 18 (1) an act of God; 19 (2) an act of war; or 20 (3) an act or omission of a third party other than 21 an employee or agent, and other than a person whose act 22 or omission occurs in connection with a contractual 23 relationship with the person otherwise liable. 24 For the purposes of this subsection, "contractual 25 relationship" includes, but is not limited to, land 26 contracts, deeds and other instruments transferring title or 27 possession, unless the real property upon which the 28 accumulation is located was acquired by the defendant after 29 the disposal or placement of used or waste tires on, in or at 30 the property and one or more of the following circumstances 31 is also established by a preponderance of the evidence: 32 (A) at the time the defendant acquired the 33 property, the defendant did not know and had no 34 reason to know that any used or waste tires had been HB3373 Engrossed -79- LRB9201352LDprB 1 disposed of or placed on, in or at the property, and 2 the defendant undertook, at the time of acquisition, 3 all appropriate inquiries into the previous 4 ownership and uses of the property consistent with 5 good commercial or customary practice in an effort 6 to minimize liability; 7 (B) the defendant is a government entity which 8 acquired the property by escheat or through any 9 other involuntary transfer or acquisition, or 10 through the exercise of eminent domain authority by 11 purchase or condemnation; or 12 (C) the defendant acquired the property by 13 inheritance or bequest. 14 (j) Nothing in this Section shall affect or modify the 15 obligations or liability of any person under any other 16 provision of this Act, federal law, or State law, including 17 the common law, for injuries, damages or losses resulting 18 from the circumstances leading to Agency action under this 19 Section. 20 (k) The costs and damages provided for in this Section 21 may be imposed by the Board in an action brought before the 22 Board in accordance with Title VIII of this Act, except that 23 subsection (c) of Section 33 of this Act shall not apply to 24 any such action. 25 (l) The Agency shall, when feasible, consult with the 26 Department of Public Health prior to taking any action to 27 remove or treat an infested tire accumulation for control of 28 mosquitoes or other disease vectors. The Agency may by 29 contract or agreement secure the services of the Department 30 of Public Health, any local public health department, or any 31 other qualified person in treating any such infestation as 32 part of an emergency or preventive action. 33 (m) Neither the State, the Agency, the Board, the 34 Director, nor any State employee shall be liable for any HB3373 Engrossed -80- LRB9201352LDprB 1 damage or injury arising out of or resulting from any action 2 taken under this Section. 3 (Source: P.A. 89-445, eff. 2-7-96.) 4 Section 99. Effective date. This Act takes effect on 5 July 1, 2001.