Public Act 099-0380

HB3341 Enrolled LRB099 10047 MGM 30270 b

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The Environmental Protection Act is amended by

changing Section 39.5 as follows:

(415 ILCS 5/39.5) (from Ch. 111 1/2, par. 1039.5)

Sec. 39.5. Clean Air Act Permit Program.

1. Definitions.

For purposes of this Section:

"Administrative permit amendment" means a permit revision

subject to subsection 13 of this Section.

"Affected source for acid deposition" means a source that

includes one or more affected units under Title IV of the Clean

Air Act.

"Affected States" for purposes of formal distribution of a

draft CAAPP permit to other States for comments prior to

issuance, means all States:

(1) Whose air quality may be affected by the source

covered by the draft permit and that are contiguous to

Illinois; or

(2) That are within 50 miles of the source.

"Affected unit for acid deposition" shall have the meaning

given to the term "affected unit" in the regulations

promulgated under Title IV of the Clean Air Act.

"Applicable Clean Air Act requirement" means all of the

following as they apply to emissions units in a source

(including regulations that have been promulgated or approved

by USEPA pursuant to the Clean Air Act which directly impose

requirements upon a source and other such federal requirements

which have been adopted by the Board. These may include

requirements and regulations which have future effective

compliance dates. Requirements and regulations will be exempt

if USEPA determines that such requirements need not be

contained in a Title V permit):

(1) Any standard or other requirement provided for in

the applicable state implementation plan approved or

promulgated by USEPA under Title I of the Clean Air Act

that implements the relevant requirements of the Clean Air

Act, including any revisions to the state Implementation

Plan promulgated in 40 CFR Part 52, Subparts A and O and

other subparts applicable to Illinois. For purposes of this

paragraph (1) of this definition, "any standard or other

requirement" means only such standards or requirements

directly enforceable against an individual source under

the Clean Air Act.

(2)(i) Any term or condition of any preconstruction

permits issued pursuant to regulations approved or

promulgated by USEPA under Title I of the Clean Air

Act, including Part C or D of the Clean Air Act.

(ii) Any term or condition as required pursuant to

Section 39.5 of any federally enforceable State

operating permit issued pursuant to regulations

approved or promulgated by USEPA under Title I of the

Clean Air Act, including Part C or D of the Clean Air

Act.

(3) Any standard or other requirement under Section 111

of the Clean Air Act, including Section 111(d).

(4) Any standard or other requirement under Section 112

of the Clean Air Act, including any requirement concerning

accident prevention under Section 112(r)(7) of the Clean

Air Act.

(5) Any standard or other requirement of the acid rain

program under Title IV of the Clean Air Act or the

regulations promulgated thereunder.

(6) Any requirements established pursuant to Section

504(b) or Section 114(a)(3) of the Clean Air Act.

(7) Any standard or other requirement governing solid

waste incineration, under Section 129 of the Clean Air Act.

(8) Any standard or other requirement for consumer and

commercial products, under Section 183(e) of the Clean Air

Act.

(9) Any standard or other requirement for tank vessels,

under Section 183(f) of the Clean Air Act.

(10) Any standard or other requirement of the program

to control air pollution from Outer Continental Shelf

sources, under Section 328 of the Clean Air Act.

(11) Any standard or other requirement of the

regulations promulgated to protect stratospheric ozone

under Title VI of the Clean Air Act, unless USEPA has

determined that such requirements need not be contained in

a Title V permit.

(12) Any national ambient air quality standard or

increment or visibility requirement under Part C of Title I

of the Clean Air Act, but only as it would apply to

temporary sources permitted pursuant to Section 504(e) of

the Clean Air Act.

"Applicable requirement" means all applicable Clean Air

Act requirements and any other standard, limitation, or other

requirement contained in this Act or regulations promulgated

under this Act as applicable to sources of air contaminants

(including requirements that have future effective compliance

dates).

"CAAPP" means the Clean Air Act Permit Program, developed

pursuant to Title V of the Clean Air Act.

"CAAPP application" means an application for a CAAPP

permit.

"CAAPP Permit" or "permit" (unless the context suggests

otherwise) means any permit issued, renewed, amended, modified

or revised pursuant to Title V of the Clean Air Act.

"CAAPP source" means any source for which the owner or

operator is required to obtain a CAAPP permit pursuant to

subsection 2 of this Section.

"Clean Air Act" means the Clean Air Act, as now and

hereafter amended, 42 U.S.C. 7401, et seq.

"Designated representative" has the meaning given to it in

Section 402(26) of the Clean Air Act and the regulations

promulgated thereunder, which state that the term "designated

representative" means a responsible person or official

authorized by the owner or operator of a unit to represent the

owner or operator in all matters pertaining to the holding,

transfer, or disposition of allowances allocated to a unit, and

the submission of and compliance with permits, permit

applications, and compliance plans for the unit.

"Draft CAAPP permit" means the version of a CAAPP permit

for which public notice and an opportunity for public comment

and hearing is offered by the Agency.

"Effective date of the CAAPP" means the date that USEPA

approves Illinois' CAAPP.

"Emission unit" means any part or activity of a stationary

source that emits or has the potential to emit any air

pollutant. This term is not meant to alter or affect the

definition of the term "unit" for purposes of Title IV of the

Clean Air Act.

"Federally enforceable" means enforceable by USEPA.

"Final permit action" means the Agency's granting with

conditions, refusal to grant, renewal of, or revision of a

CAAPP permit, the Agency's determination of incompleteness of a

submitted CAAPP application, or the Agency's failure to act on

an application for a permit, permit renewal, or permit revision

within the time specified in subsection 13, subsection 14, or

paragraph (j) of subsection 5 of this Section.

"General permit" means a permit issued to cover numerous

similar sources in accordance with subsection 11 of this

Section.

"Major source" means a source for which emissions of one or

more air pollutants meet the criteria for major status pursuant

to paragraph(c) of subsection 2 of this Section.

"Maximum achievable control technology" or "MACT" means

the maximum degree of reductions in emissions deemed achievable

under Section 112 of the Clean Air Act.

"Owner or operator" means any person who owns, leases,

operates, controls, or supervises a stationary source.

"Permit modification" means a revision to a CAAPP permit

that cannot be accomplished under the provisions for

administrative permit amendments under subsection 13 of this

Section.

"Permit revision" means a permit modification or

administrative permit amendment.

"Phase II" means the period of the national acid rain

program, established under Title IV of the Clean Air Act,

beginning January 1, 2000, and continuing thereafter.

"Phase II acid rain permit" means the portion of a CAAPP

permit issued, renewed, modified, or revised by the Agency

during Phase II for an affected source for acid deposition.

"Potential to emit" means the maximum capacity of a

stationary source to emit any air pollutant under its physical

and operational design. Any physical or operational limitation

on the capacity of a source to emit an air pollutant, including

air pollution control equipment and restrictions on hours of

operation or on the type or amount of material combusted,

stored, or processed, shall be treated as part of its design if

the limitation is enforceable by USEPA. This definition does

not alter or affect the use of this term for any other purposes

under the Clean Air Act, or the term "capacity factor" as used

in Title IV of the Clean Air Act or the regulations promulgated

thereunder.

"Preconstruction Permit" or "Construction Permit" means a

permit which is to be obtained prior to commencing or beginning

actual construction or modification of a source or emissions

unit.

"Proposed CAAPP permit" means the version of a CAAPP permit

that the Agency proposes to issue and forwards to USEPA for

review in compliance with applicable requirements of the Act

and regulations promulgated thereunder.

"Regulated air pollutant" means the following:

(1) Nitrogen oxides (NOx) or any volatile organic

compound.

(2) Any pollutant for which a national ambient air

quality standard has been promulgated.

(3) Any pollutant that is subject to any standard

promulgated under Section 111 of the Clean Air Act.

(4) Any Class I or II substance subject to a standard

promulgated under or established by Title VI of the Clean

Air Act.

(5) Any pollutant subject to a standard promulgated

under Section 112 or other requirements established under

Section 112 of the Clean Air Act, including Sections

112(g), (j) and (r).

(i) Any pollutant subject to requirements under

Section 112(j) of the Clean Air Act. Any pollutant

listed under Section 112(b) for which the subject

source would be major shall be considered to be

regulated 18 months after the date on which USEPA was

required to promulgate an applicable standard pursuant

to Section 112(e) of the Clean Air Act, if USEPA fails

to promulgate such standard.

(ii) Any pollutant for which the requirements of

Section 112(g)(2) of the Clean Air Act have been met,

but only with respect to the individual source subject

to Section 112(g)(2) requirement.

(6) Greenhouse gases.

"Renewal" means the process by which a permit is reissued

at the end of its term.

"Responsible official" means one of the following:

(1) For a corporation: a president, secretary,

treasurer, or vice-president of the corporation in charge

of a principal business function, or any other person who

performs similar policy or decision-making functions for

the corporation, or a duly authorized representative of

such person if the representative is responsible for the

overall operation of one or more manufacturing,

production, or operating facilities applying for or

subject to a permit and either (i) the facilities employ

more than 250 persons or have gross annual sales or

expenditures exceeding $25 million (in second quarter 1980

dollars), or (ii) the delegation of authority to such

representative is approved in advance by the Agency.

(2) For a partnership or sole proprietorship: a general

partner or the proprietor, respectively, or in the case of

a partnership in which all of the partners are

corporations, a duly authorized representative of the

partnership if the representative is responsible for the

overall operation of one or more manufacturing,

production, or operating facilities applying for or

subject to a permit and either (i) the facilities employ

more than 250 persons or have gross annual sales or

expenditures exceeding $25 million (in second quarter 1980

dollars), or (ii) the delegation of authority to such

representative is approved in advance by the Agency.

(3) For a municipality, State, Federal, or other public

agency: either a principal executive officer or ranking

elected official. For the purposes of this part, a

principal executive officer of a Federal agency includes

the chief executive officer having responsibility for the

overall operations of a principal geographic unit of the

agency (e.g., a Regional Administrator of USEPA).

(4) For affected sources for acid deposition:

(i) The designated representative shall be the

"responsible official" in so far as actions,

standards, requirements, or prohibitions under Title

IV of the Clean Air Act or the regulations promulgated

thereunder are concerned.

(ii) The designated representative may also be the

"responsible official" for any other purposes with

respect to air pollution control.

"Section 502(b)(10) changes" means changes that contravene

express permit terms. "Section 502(b)(10) changes" do not

include changes that would violate applicable requirements or

contravene federally enforceable permit terms or conditions

that are monitoring (including test methods), recordkeeping,

reporting, or compliance certification requirements.

"Solid waste incineration unit" means a distinct operating

unit of any facility which combusts any solid waste material

from commercial or industrial establishments or the general

public (including single and multiple residences, hotels, and

motels). The term does not include incinerators or other units

required to have a permit under Section 3005 of the Solid Waste

Disposal Act. The term also does not include (A) materials

recovery facilities (including primary or secondary smelters)

which combust waste for the primary purpose of recovering

metals, (B) qualifying small power production facilities, as

defined in Section 3(17)(C) of the Federal Power Act (16 U.S.C.

769(17)(C)), or qualifying cogeneration facilities, as defined

in Section 3(18)(B) of the Federal Power Act (16 U.S.C.

796(18)(B)), which burn homogeneous waste (such as units which

burn tires or used oil, but not including refuse-derived fuel)

for the production of electric energy or in the case of

qualifying cogeneration facilities which burn homogeneous

waste for the production of electric energy and steam or forms

of useful energy (such as heat) which are used for industrial,

commercial, heating or cooling purposes, or (C) air curtain

incinerators provided that such incinerators only burn wood

wastes, yard waste and clean lumber and that such air curtain

incinerators comply with opacity limitations to be established

by the USEPA by rule.

"Source" means any stationary source (or any group of

stationary sources) that is located on one or more contiguous

or adjacent properties that are under common control of the

same person (or persons under common control) and that belongs

to a single major industrial grouping. For the purposes of

defining "source," a stationary source or group of stationary

sources shall be considered part of a single major industrial

grouping if all of the pollutant emitting activities at such

source or group of sources located on contiguous or adjacent

properties and under common control belong to the same Major

Group (i.e., all have the same two-digit code) as described in

the Standard Industrial Classification Manual, 1987, or such

pollutant emitting activities at a stationary source (or group

of stationary sources) located on contiguous or adjacent

properties and under common control constitute a support

facility. The determination as to whether any group of

stationary sources is located on contiguous or adjacent

properties, and/or is under common control, and/or whether the

pollutant emitting activities at such group of stationary

sources constitute a support facility shall be made on a case

by case basis.

"Stationary source" means any building, structure,

facility, or installation that emits or may emit any regulated

air pollutant or any pollutant listed under Section 112(b) of

the Clean Air Act, except those emissions resulting directly

from an internal combustion engine for transportation purposes

or from a nonroad engine or nonroad vehicle as defined in

Section 216 of the Clean Air Act.

"Subject to regulation" has the meaning given to it in 40

CFR 70.2, as now or hereafter amended.

"Support facility" means any stationary source (or group of

stationary sources) that conveys, stores, or otherwise assists

to a significant extent in the production of a principal

product at another stationary source (or group of stationary

sources). A support facility shall be considered to be part of

the same source as the stationary source (or group of

stationary sources) that it supports regardless of the 2-digit

Standard Industrial Classification code for the support

facility.

"USEPA" means the Administrator of the United States

Environmental Protection Agency (USEPA) or a person designated

by the Administrator.

1.1. Exclusion From the CAAPP.

a. An owner or operator of a source which determines

that the source could be excluded from the CAAPP may seek

such exclusion prior to the date that the CAAPP application

for the source is due but in no case later than 9 months

after the effective date of the CAAPP through the

imposition of federally enforceable conditions limiting

the "potential to emit" of the source to a level below the

major source threshold for that source as described in

paragraph(c) of subsection 2 of this Section, within a

State operating permit issued pursuant to subsection (a) of

Section 39 of this Act. After such date, an exclusion from

the CAAPP may be sought under paragraph(c) of subsection 3

of this Section.

b. An owner or operator of a source seeking exclusion

from the CAAPP pursuant to paragraph (a) of this subsection

must submit a permit application consistent with the

existing State permit program which specifically requests

such exclusion through the imposition of such federally

enforceable conditions.

c. Upon such request, if the Agency determines that the

owner or operator of a source has met the requirements for

exclusion pursuant to paragraph (a) of this subsection and

other applicable requirements for permit issuance under

subsection (a) of Section 39 of this Act, the Agency shall

issue a State operating permit for such source under

subsection (a) of Section 39 of this Act, as amended, and

regulations promulgated thereunder with federally

enforceable conditions limiting the "potential to emit" of

the source to a level below the major source threshold for

that source as described in paragraph(c) of subsection 2 of

this Section.

d. The Agency shall provide an owner or operator of a

source which may be excluded from the CAAPP pursuant to

this subsection with reasonable notice that the owner or

operator may seek such exclusion.

e. The Agency shall provide such sources with the

necessary permit application forms.

2. Applicability.

a. Sources subject to this Section shall include:

i. Any major source as defined in paragraph (c) of

this subsection.

ii. Any source subject to a standard or other

requirements promulgated under Section 111 (New Source

Performance Standards) or Section 112 (Hazardous Air

Pollutants) of the Clean Air Act, except that a source

is not required to obtain a permit solely because it is

subject to regulations or requirements under Section

112(r) of the Clean Air Act.

iii. Any affected source for acid deposition, as

defined in subsection 1 of this Section.

iv. Any other source subject to this Section under

the Clean Air Act or regulations promulgated

thereunder, or applicable Board regulations.

b. Sources exempted from this Section shall include:

i. All sources listed in paragraph (a) of this

subsection that are not major sources, affected

sources for acid deposition or solid waste

incineration units required to obtain a permit

pursuant to Section 129(e) of the Clean Air Act, until

the source is required to obtain a CAAPP permit

pursuant to the Clean Air Act or regulations

promulgated thereunder.

ii. Nonmajor sources subject to a standard or other

requirements subsequently promulgated by USEPA under

Section 111 or 112 of the Clean Air Act that are

determined by USEPA to be exempt at the time a new

standard is promulgated.

iii. All sources and source categories that would

be required to obtain a permit solely because they are

subject to Part 60, Subpart AAA - Standards of

Performance for New Residential Wood Heaters (40 CFR

Part 60).

iv. All sources and source categories that would be

required to obtain a permit solely because they are

subject to Part 61, Subpart M - National Emission

Standard for Hazardous Air Pollutants for Asbestos,

Section 61.145 (40 CFR Part 61).

v. Any other source categories exempted by USEPA

regulations pursuant to Section 502(a) of the Clean Air

Act.

vi. Major sources of greenhouse gas emissions

required to obtain a CAAPP permit under this Section if

any of the following occurs:

(A) enactment of federal legislation depriving

the Administrator of the USEPA of authority to

regulate greenhouse gases under the Clean Air Act;

(B) the issuance of any opinion, ruling,

judgment, order, or decree by a federal court

depriving the Administrator of the USEPA of

authority to regulate greenhouse gases under the

Clean Air Act; or

(C) action by the President of the United

States or the President's authorized agent,

including the Administrator of the USEPA, to

repeal or withdraw the Greenhouse Gas Tailoring

Rule (75 Fed. Reg. 31514, June 3, 2010).

If any event listed in this subparagraph (vi)

occurs, CAAPP permits issued after such event shall not

impose permit terms or conditions addressing

greenhouse gases during the effectiveness of any event

listed in subparagraph (vi). If any event listed in

this subparagraph (vi) occurs, any owner or operator

with a CAAPP permit that includes terms or conditions

addressing greenhouse gases may elect to submit an

application to the Agency to address a revision or

repeal of such terms or conditions. If any owner or

operator submits such an application, the Agency shall

expeditiously process the permit application in

accordance with applicable laws and regulations.

Nothing in this subparagraph (vi) shall relieve an

owner or operator of a source from the requirement to

obtain a CAAPP permit for its emissions of regulated

air pollutants other than greenhouse gases, as

required by this Section.

c. For purposes of this Section the term "major source"

means any source that is:

i. A major source under Section 112 of the Clean

Air Act, which is defined as:

A. For pollutants other than radionuclides,

any stationary source or group of stationary

sources located within a contiguous area and under

common control that emits or has the potential to

emit, in the aggregate, 10 tons per year (tpy) or

more of any hazardous air pollutant which has been

listed pursuant to Section 112(b) of the Clean Air

Act, 25 tpy or more of any combination of such

hazardous air pollutants, or such lesser quantity

as USEPA may establish by rule. Notwithstanding

the preceding sentence, emissions from any oil or

gas exploration or production well (with its

associated equipment) and emissions from any

pipeline compressor or pump station shall not be

aggregated with emissions from other similar

units, whether or not such units are in a

contiguous area or under common control, to

determine whether such stations are major sources.

B. For radionuclides, "major source" shall

have the meaning specified by the USEPA by rule.

ii. A major stationary source of air pollutants, as

defined in Section 302 of the Clean Air Act, that

directly emits or has the potential to emit, 100 tpy or

more of any air pollutant subject to regulation

(including any major source of fugitive emissions of

any such pollutant, as determined by rule by USEPA).

For purposes of this subsection, "fugitive emissions"

means those emissions which could not reasonably pass

through a stack, chimney, vent, or other

functionally-equivalent opening. The fugitive

emissions of a stationary source shall not be

considered in determining whether it is a major

stationary source for the purposes of Section 302(j) of

the Clean Air Act, unless the source belongs to one of

the following categories of stationary source:

A. Coal cleaning plants (with thermal dryers).

B. Kraft pulp mills.

C. Portland cement plants.

D. Primary zinc smelters.

E. Iron and steel mills.

F. Primary aluminum ore reduction plants.

G. Primary copper smelters.

H. Municipal incinerators capable of charging

more than 250 tons of refuse per day.

I. Hydrofluoric, sulfuric, or nitric acid

plants.

J. Petroleum refineries.

K. Lime plants.

L. Phosphate rock processing plants.

M. Coke oven batteries.

N. Sulfur recovery plants.

O. Carbon black plants (furnace process).

P. Primary lead smelters.

Q. Fuel conversion plants.

R. Sintering plants.

S. Secondary metal production plants.

T. Chemical process plants.

U. Fossil-fuel boilers (or combination

thereof) totaling more than 250 million British

thermal units per hour heat input.

V. Petroleum storage and transfer units with a

total storage capacity exceeding 300,000 barrels.

W. Taconite ore processing plants.

X. Glass fiber processing plants.

Y. Charcoal production plants.

Z. Fossil fuel-fired steam electric plants of

more than 250 million British thermal units per

hour heat input.

AA. All other stationary source categories,

which as of August 7, 1980 are being regulated by a

standard promulgated under Section 111 or 112 of

the Clean Air Act.

BB. Any other stationary source category

designated by USEPA by rule.

iii. A major stationary source as defined in part D

of Title I of the Clean Air Act including:

A. For ozone nonattainment areas, sources with

the potential to emit 100 tons or more per year of

volatile organic compounds or oxides of nitrogen

in areas classified as "marginal" or "moderate",

50 tons or more per year in areas classified as

"serious", 25 tons or more per year in areas

classified as "severe", and 10 tons or more per

year in areas classified as "extreme"; except that

the references in this clause to 100, 50, 25, and

10 tons per year of nitrogen oxides shall not apply

with respect to any source for which USEPA has made

a finding, under Section 182(f)(1) or (2) of the

Clean Air Act, that requirements otherwise

applicable to such source under Section 182(f) of

the Clean Air Act do not apply. Such sources shall

remain subject to the major source criteria of

subparagraph (ii) of paragraph(c) of this

subsection.

B. For ozone transport regions established

pursuant to Section 184 of the Clean Air Act,

sources with the potential to emit 50 tons or more

per year of volatile organic compounds (VOCs).

C. For carbon monoxide nonattainment areas (1)

that are classified as "serious", and (2) in which

stationary sources contribute significantly to

carbon monoxide levels as determined under rules

issued by USEPA, sources with the potential to emit

50 tons or more per year of carbon monoxide.

D. For particulate matter (PM-10)

nonattainment areas classified as "serious",

sources with the potential to emit 70 tons or more

per year of PM-10.

3. Agency Authority To Issue CAAPP Permits and Federally

Enforceable State Operating Permits.

a. The Agency shall issue CAAPP permits under this

Section consistent with the Clean Air Act and regulations

promulgated thereunder and this Act and regulations

promulgated thereunder.

b. The Agency shall issue CAAPP permits for fixed terms

of 5 years, except CAAPP permits issued for solid waste

incineration units combusting municipal waste which shall

be issued for fixed terms of 12 years and except CAAPP

permits for affected sources for acid deposition which

shall be issued for initial terms to expire on December 31,

1999, and for fixed terms of 5 years thereafter.

c. The Agency shall have the authority to issue a State

operating permit for a source under subsection (a) of

Section 39 of this Act, as amended, and regulations

promulgated thereunder, which includes federally

enforceable conditions limiting the "potential to emit" of

the source to a level below the major source threshold for

that source as described in paragraph(c) of subsection 2 of

this Section, thereby excluding the source from the CAAPP,

when requested by the applicant pursuant to paragraph(u) of

subsection 5 of this Section. The public notice

requirements of this Section applicable to CAAPP permits

shall also apply to the initial issuance of permits under

this paragraph.

d. For purposes of this Act, a permit issued by USEPA

under Section 505 of the Clean Air Act, as now and

hereafter amended, shall be deemed to be a permit issued by

the Agency pursuant to Section 39.5 of this Act.

4. Transition.

a. An owner or operator of a CAAPP source shall not be

required to renew an existing State operating permit for

any emission unit at such CAAPP source once a CAAPP

application timely submitted prior to expiration of the

State operating permit has been deemed complete. For

purposes other than permit renewal, the obligation upon the

owner or operator of a CAAPP source to obtain a State

operating permit is not removed upon submittal of the

complete CAAPP permit application. An owner or operator of

a CAAPP source seeking to make a modification to a source

prior to the issuance of its CAAPP permit shall be required

to obtain a construction permit, operating permit, or both

as required for such modification in accordance with the

State permit program under subsection (a) of Section 39 of

this Act, as amended, and regulations promulgated

thereunder. The application for such construction permit,

operating permit, or both shall be considered an amendment

to the CAAPP application submitted for such source.

b. An owner or operator of a CAAPP source shall

continue to operate in accordance with the terms and

conditions of its applicable State operating permit

notwithstanding the expiration of the State operating

permit until the source's CAAPP permit has been issued.

c. An owner or operator of a CAAPP source shall submit

its initial CAAPP application to the Agency no later than

12 months after the effective date of the CAAPP. The Agency

may request submittal of initial CAAPP applications during

this 12-month period according to a schedule set forth

within Agency procedures, however, in no event shall the

Agency require such submittal earlier than 3 months after

such effective date of the CAAPP. An owner or operator may

voluntarily submit its initial CAAPP application prior to

the date required within this paragraph or applicable

procedures, if any, subsequent to the date the Agency

submits the CAAPP to USEPA for approval.

d. The Agency shall act on initial CAAPP applications

in accordance with paragraph (j) of subsection 5 of this

Section.

e. For purposes of this Section, the term "initial

CAAPP application" shall mean the first CAAPP application

submitted for a source existing as of the effective date of

the CAAPP.

f. The Agency shall provide owners or operators of

CAAPP sources with at least 3 months advance notice of the

date on which their applications are required to be

submitted. In determining which sources shall be subject to

early submittal, the Agency shall include among its

considerations the complexity of the permit application,

and the burden that such early submittal will have on the

source.

g. The CAAPP permit shall upon becoming effective

supersede the State operating permit.

h. The Agency shall have the authority to adopt

procedural rules, in accordance with the Illinois

Administrative Procedure Act, as the Agency deems

necessary, to implement this subsection.

5. Applications and Completeness.

a. An owner or operator of a CAAPP source shall submit

its complete CAAPP application consistent with the Act and

applicable regulations.

b. An owner or operator of a CAAPP source shall submit

a single complete CAAPP application covering all emission

units at that source.

c. To be deemed complete, a CAAPP application must

provide all information, as requested in Agency

application forms, sufficient to evaluate the subject

source and its application and to determine all applicable

requirements, pursuant to the Clean Air Act, and

regulations thereunder, this Act and regulations

thereunder. Such Agency application forms shall be

finalized and made available prior to the date on which any

CAAPP application is required.

d. An owner or operator of a CAAPP source shall submit,

as part of its complete CAAPP application, a compliance

plan, including a schedule of compliance, describing how

each emission unit will comply with all applicable

requirements. Any such schedule of compliance shall be

supplemental to, and shall not sanction noncompliance

with, the applicable requirements on which it is based.

e. Each submitted CAAPP application shall be certified

for truth, accuracy, and completeness by a responsible

official in accordance with applicable regulations.

f. The Agency shall provide notice to a CAAPP applicant

as to whether a submitted CAAPP application is complete.

Unless the Agency notifies the applicant of

incompleteness, within 60 days after receipt of the CAAPP

application, the application shall be deemed complete. The

Agency may request additional information as needed to make

the completeness determination. The Agency may to the

extent practicable provide the applicant with a reasonable

opportunity to correct deficiencies prior to a final

determination of completeness.

g. If after the determination of completeness the

Agency finds that additional information is necessary to

evaluate or take final action on the CAAPP application, the

Agency may request in writing such information from the

source with a reasonable deadline for response.

h. If the owner or operator of a CAAPP source submits a

timely and complete CAAPP application, the source's

failure to have a CAAPP permit shall not be a violation of

this Section until the Agency takes final action on the

submitted CAAPP application, provided, however, where the

applicant fails to submit the requested information under

paragraph(g) of this subsection 5 within the time frame

specified by the Agency, this protection shall cease to

apply.

i. Any applicant who fails to submit any relevant facts

necessary to evaluate the subject source and its CAAPP

application or who has submitted incorrect information in a

CAAPP application shall, upon becoming aware of such

failure or incorrect submittal, submit supplementary facts

or correct information to the Agency. In addition, an

applicant shall provide to the Agency additional

information as necessary to address any requirements which

become applicable to the source subsequent to the date the

applicant submitted its complete CAAPP application but

prior to release of the draft CAAPP permit.

j. The Agency shall issue or deny the CAAPP permit

within 18 months after the date of receipt of the complete

CAAPP application, with the following exceptions: (i)

permits for affected sources for acid deposition shall be

issued or denied within 6 months after receipt of a

complete application in accordance with subsection 17 of

this Section; (ii) the Agency shall act on initial CAAPP

applications within 24 months after the date of receipt of

the complete CAAPP application; (iii) the Agency shall act

on complete applications containing early reduction

demonstrations under Section 112(i)(5) of the Clean Air Act

within 9 months of receipt of the complete CAAPP

application.

Where the Agency does not take final action on the

permit within the required time period, the permit shall

not be deemed issued; rather, the failure to act shall be

treated as a final permit action for purposes of judicial

review pursuant to Sections 40.2 and 41 of this Act.

k. The submittal of a complete CAAPP application shall

not affect the requirement that any source have a

preconstruction permit under Title I of the Clean Air Act.

l. Unless a timely and complete renewal application has

been submitted consistent with this subsection, a CAAPP

source operating upon the expiration of its CAAPP permit

shall be deemed to be operating without a CAAPP permit.

Such operation is prohibited under this Act.

m. Permits being renewed shall be subject to the same

procedural requirements, including those for public

participation and federal review and objection, that apply

to original permit issuance.

n. For purposes of permit renewal, a timely application

is one that is submitted no less than 9 months prior to the

date of permit expiration.

o. The terms and conditions of a CAAPP permit shall

remain in effect until the issuance of a CAAPP renewal

permit provided a timely and complete CAAPP application has

been submitted.

p. The owner or operator of a CAAPP source seeking a

permit shield pursuant to paragraph(j) of subsection 7 of

this Section shall request such permit shield in the CAAPP

application regarding that source.

q. The Agency shall make available to the public all

documents submitted by the applicant to the Agency,

including each CAAPP application, compliance plan

(including the schedule of compliance), and emissions or

compliance monitoring report, with the exception of

information entitled to confidential treatment pursuant to

Section 7 of this Act.

r. The Agency shall use the standardized forms required

under Title IV of the Clean Air Act and regulations

promulgated thereunder for affected sources for acid

deposition.

s. An owner or operator of a CAAPP source may include

within its CAAPP application a request for permission to

operate during a startup, malfunction, or breakdown

consistent with applicable Board regulations.

t. An owner or operator of a CAAPP source, in order to

utilize the operational flexibility provided under

paragraph(l) of subsection 7 of this Section, must request

such use and provide the necessary information within its

CAAPP application.

u. An owner or operator of a CAAPP source which seeks

exclusion from the CAAPP through the imposition of

federally enforceable conditions, pursuant to paragraph(c)

of subsection 3 of this Section, must request such

exclusion within a CAAPP application submitted consistent

with this subsection on or after the date that the CAAPP

application for the source is due. Prior to such date, but

in no case later than 9 months after the effective date of

the CAAPP, such owner or operator may request the

imposition of federally enforceable conditions pursuant to

paragraph(b) of subsection 1.1 of this Section.

v. CAAPP applications shall contain accurate

information on allowable emissions to implement the fee

provisions of subsection 18 of this Section.

w. An owner or operator of a CAAPP source shall submit

within its CAAPP application emissions information

regarding all regulated air pollutants emitted at that

source consistent with applicable Agency procedures.

Emissions information regarding insignificant activities

or emission levels, as determined by the Agency pursuant to

Board regulations, may be submitted as a list within the

CAAPP application. The Agency shall propose regulations to

the Board defining insignificant activities or emission

levels, consistent with federal regulations, if any, no

later than 18 months after the effective date of this

amendatory Act of 1992, consistent with Section 112(n)(1)

of the Clean Air Act. The Board shall adopt final

regulations defining insignificant activities or emission

levels no later than 9 months after the date of the

Agency's proposal.

x. The owner or operator of a new CAAPP source shall

submit its complete CAAPP application consistent with this

subsection within 12 months after commencing operation of

such source. The owner or operator of an existing source

that has been excluded from the provisions of this Section

under subsection 1.1 or paragraph (c) of subsection 3 of

this Section and that becomes subject to the CAAPP solely

due to a change in operation at the source shall submit its

complete CAAPP application consistent with this subsection

at least 180 days before commencing operation in accordance

with the change in operation.

y. The Agency shall have the authority to adopt

procedural rules, in accordance with the Illinois

Administrative Procedure Act, as the Agency deems

necessary to implement this subsection.

6. Prohibitions.

a. It shall be unlawful for any person to violate any

terms or conditions of a permit issued under this Section,

to operate any CAAPP source except in compliance with a

permit issued by the Agency under this Section or to

violate any other applicable requirements. All terms and

conditions of a permit issued under this Section are

enforceable by USEPA and citizens under the Clean Air Act,

except those, if any, that are specifically designated as

not being federally enforceable in the permit pursuant to

paragraph(m) of subsection 7 of this Section.

b. After the applicable CAAPP permit or renewal

application submittal date, as specified in subsection 5 of

this Section, no person shall operate a CAAPP source

without a CAAPP permit unless the complete CAAPP permit or

renewal application for such source has been timely

submitted to the Agency.

c. No owner or operator of a CAAPP source shall cause

or threaten or allow the continued operation of an emission

source during malfunction or breakdown of the emission

source or related air pollution control equipment if such

operation would cause a violation of the standards or

limitations applicable to the source, unless the CAAPP

permit granted to the source provides for such operation

consistent with this Act and applicable Board regulations.

7. Permit Content.

a. All CAAPP permits shall contain emission

limitations and standards and other enforceable terms and

conditions, including but not limited to operational

requirements, and schedules for achieving compliance at

the earliest reasonable date, which are or will be required

to accomplish the purposes and provisions of this Act and

to assure compliance with all applicable requirements.

b. The Agency shall include among such conditions

applicable monitoring, reporting, record keeping and

compliance certification requirements, as authorized by

paragraphs (d), (e), and (f) of this subsection, that the

Agency deems necessary to assure compliance with the Clean

Air Act, the regulations promulgated thereunder, this Act,

and applicable Board regulations. When monitoring,

reporting, record keeping, and compliance certification

requirements are specified within the Clean Air Act,

regulations promulgated thereunder, this Act, or

applicable regulations, such requirements shall be

included within the CAAPP permit. The Board shall have

authority to promulgate additional regulations where

necessary to accomplish the purposes of the Clean Air Act,

this Act, and regulations promulgated thereunder.

c. The Agency shall assure, within such conditions, the

use of terms, test methods, units, averaging periods, and

other statistical conventions consistent with the

applicable emission limitations, standards, and other

requirements contained in the permit.

d. To meet the requirements of this subsection with

respect to monitoring, the permit shall:

i. Incorporate and identify all applicable

emissions monitoring and analysis procedures or test

methods required under the Clean Air Act, regulations

promulgated thereunder, this Act, and applicable Board

regulations, including any procedures and methods

promulgated by USEPA pursuant to Section 504(b) or

Section 114 (a)(3) of the Clean Air Act.

ii. Where the applicable requirement does not

require periodic testing or instrumental or

noninstrumental monitoring (which may consist of

recordkeeping designed to serve as monitoring),

require periodic monitoring sufficient to yield

reliable data from the relevant time period that is

representative of the source's compliance with the

permit, as reported pursuant to paragraph (f) of this

subsection. The Agency may determine that

recordkeeping requirements are sufficient to meet the

requirements of this subparagraph.

iii. As necessary, specify requirements concerning

the use, maintenance, and when appropriate,

installation of monitoring equipment or methods.

e. To meet the requirements of this subsection with

respect to record keeping, the permit shall incorporate and

identify all applicable recordkeeping requirements and

require, where applicable, the following:

i. Records of required monitoring information that

include the following:

A. The date, place and time of sampling or

measurements.

B. The date(s) analyses were performed.

C. The company or entity that performed the

analyses.

D. The analytical techniques or methods used.

E. The results of such analyses.

F. The operating conditions as existing at the

time of sampling or measurement.

ii. Retention of records of all monitoring data

and support information for a period of at least 5

years from the date of the monitoring sample,

measurement, report, or application. Support

information includes all calibration and maintenance

records, original strip-chart recordings for

continuous monitoring instrumentation, and copies of

all reports required by the permit.

f. To meet the requirements of this subsection with

respect to reporting, the permit shall incorporate and

identify all applicable reporting requirements and require

the following:

i. Submittal of reports of any required monitoring

every 6 months. More frequent submittals may be

requested by the Agency if such submittals are

necessary to assure compliance with this Act or

regulations promulgated by the Board thereunder. All

instances of deviations from permit requirements must

be clearly identified in such reports. All required

reports must be certified by a responsible official

consistent with subsection 5 of this Section.

ii. Prompt reporting of deviations from permit

requirements, including those attributable to upset

conditions as defined in the permit, the probable cause

of such deviations, and any corrective actions or

preventive measures taken.

g. Each CAAPP permit issued under subsection 10 of this

Section shall include a condition prohibiting emissions

exceeding any allowances that the source lawfully holds

under Title IV of the Clean Air Act or the regulations

promulgated thereunder, consistent with subsection 17 of

this Section and applicable regulations, if any.

h. All CAAPP permits shall state that, where another

applicable requirement of the Clean Air Act is more

stringent than any applicable requirement of regulations

promulgated under Title IV of the Clean Air Act, both

provisions shall be incorporated into the permit and shall

be State and federally enforceable.

i. Each CAAPP permit issued under subsection 10 of this

Section shall include a severability clause to ensure the

continued validity of the various permit requirements in

the event of a challenge to any portions of the permit.

j. The following shall apply with respect to owners or

operators requesting a permit shield:

i. The Agency shall include in a CAAPP permit, when

requested by an applicant pursuant to paragraph(p) of

subsection 5 of this Section, a provision stating that

compliance with the conditions of the permit shall be

deemed compliance with applicable requirements which

are applicable as of the date of release of the

proposed permit, provided that:

A. The applicable requirement is specifically

identified within the permit; or

B. The Agency in acting on the CAAPP

application or revision determines in writing that

other requirements specifically identified are not

applicable to the source, and the permit includes

that determination or a concise summary thereof.

ii. The permit shall identify the requirements for

which the source is shielded. The shield shall not

extend to applicable requirements which are

promulgated after the date of release of the proposed

permit unless the permit has been modified to reflect

such new requirements.

iii. A CAAPP permit which does not expressly

indicate the existence of a permit shield shall not

provide such a shield.

iv. Nothing in this paragraph or in a CAAPP permit

shall alter or affect the following:

A. The provisions of Section 303 (emergency

powers) of the Clean Air Act, including USEPA's

authority under that section.

B. The liability of an owner or operator of a

source for any violation of applicable

requirements prior to or at the time of permit

issuance.

C. The applicable requirements of the acid

rain program consistent with Section 408(a) of the

Clean Air Act.

D. The ability of USEPA to obtain information

from a source pursuant to Section 114

(inspections, monitoring, and entry) of the Clean

Air Act.

k. Each CAAPP permit shall include an emergency

provision providing an affirmative defense of emergency to

an action brought for noncompliance with technology-based

emission limitations under a CAAPP permit if the following

conditions are met through properly signed,

contemporaneous operating logs, or other relevant

evidence:

i. An emergency occurred and the permittee can

identify the cause(s) of the emergency.

ii. The permitted facility was at the time being

properly operated.

iii. The permittee submitted notice of the

emergency to the Agency within 2 working days after the

time when emission limitations were exceeded due to the

emergency. This notice must contain a detailed

description of the emergency, any steps taken to

mitigate emissions, and corrective actions taken.

iv. During the period of the emergency the

permittee took all reasonable steps to minimize levels

of emissions that exceeded the emission limitations,

standards, or requirements in the permit.

For purposes of this subsection, "emergency" means any

situation arising from sudden and reasonably unforeseeable

events beyond the control of the source, such as an act of

God, that requires immediate corrective action to restore

normal operation, and that causes the source to exceed a

technology-based emission limitation under the permit, due

to unavoidable increases in emissions attributable to the

emergency. An emergency shall not include noncompliance to

the extent caused by improperly designed equipment, lack of

preventative maintenance, careless or improper operation,

or operation error.

In any enforcement proceeding, the permittee seeking

to establish the occurrence of an emergency has the burden

of proof. This provision is in addition to any emergency or

upset provision contained in any applicable requirement.

This provision does not relieve a permittee of any

reporting obligations under existing federal or state laws

or regulations.

l. The Agency shall include in each permit issued under

subsection 10 of this Section:

i. Terms and conditions for reasonably anticipated

operating scenarios identified by the source in its

application. The permit terms and conditions for each

such operating scenario shall meet all applicable

requirements and the requirements of this Section.

A. Under this subparagraph, the source must

record in a log at the permitted facility a record

of the scenario under which it is operating

contemporaneously with making a change from one

operating scenario to another.

B. The permit shield described in paragraph(j)

of subsection 7 of this Section shall extend to all

terms and conditions under each such operating

scenario.

ii. Where requested by an applicant, all terms and

conditions allowing for trading of emissions increases

and decreases between different emission units at the

CAAPP source, to the extent that the applicable

requirements provide for trading of such emissions

increases and decreases without a case-by-case

approval of each emissions trade. Such terms and

conditions:

A. Shall include all terms required under this

subsection to determine compliance;

B. Must meet all applicable requirements;

C. Shall extend the permit shield described in

paragraph(j) of subsection 7 of this Section to all

terms and conditions that allow such increases and

decreases in emissions.

m. The Agency shall specifically designate as not being

federally enforceable under the Clean Air Act any terms and

conditions included in the permit that are not specifically

required under the Clean Air Act or federal regulations

promulgated thereunder. Terms or conditions so designated

shall be subject to all applicable state requirements,

except the requirements of subsection 7 (other than this

paragraph, paragraph q of subsection 7, subsections 8

through 11, and subsections 13 through 16 of this Section.

The Agency shall, however, include such terms and

conditions in the CAAPP permit issued to the source.

n. Each CAAPP permit issued under subsection 10 of this

Section shall specify and reference the origin of and

authority for each term or condition, and identify any

difference in form as compared to the applicable

requirement upon which the term or condition is based.

o. Each CAAPP permit issued under subsection 10 of this

Section shall include provisions stating the following:

i. Duty to comply. The permittee must comply with

all terms and conditions of the CAAPP permit. Any

permit noncompliance constitutes a violation of the

Clean Air Act and the Act, and is grounds for any or

all of the following: enforcement action; permit

termination, revocation and reissuance, or

modification; or denial of a permit renewal

application.

ii. Need to halt or reduce activity not a defense.

It shall not be a defense for a permittee in an

enforcement action that it would have been necessary to

halt or reduce the permitted activity in order to

maintain compliance with the conditions of this

permit.

iii. Permit actions. The permit may be modified,

revoked, reopened, and reissued, or terminated for

cause in accordance with the applicable subsections of

Section 39.5 of this Act. The filing of a request by

the permittee for a permit modification, revocation

and reissuance, or termination, or of a notification of

planned changes or anticipated noncompliance does not

stay any permit condition.

iv. Property rights. The permit does not convey any

property rights of any sort, or any exclusive

privilege.

v. Duty to provide information. The permittee

shall furnish to the Agency within a reasonable time

specified by the Agency any information that the Agency

may request in writing to determine whether cause

exists for modifying, revoking and reissuing, or

terminating the permit or to determine compliance with

the permit. Upon request, the permittee shall also

furnish to the Agency copies of records required to be

kept by the permit or, for information claimed to be

confidential, the permittee may furnish such records

directly to USEPA along with a claim of

confidentiality.

vi. Duty to pay fees. The permittee must pay fees

to the Agency consistent with the fee schedule approved

pursuant to subsection 18 of this Section, and submit

any information relevant thereto.

vii. Emissions trading. No permit revision shall

be required for increases in emissions allowed under

any approved economic incentives, marketable permits,

emissions trading, and other similar programs or

processes for changes that are provided for in the

permit and that are authorized by the applicable

requirement.

p. Each CAAPP permit issued under subsection 10 of this

Section shall contain the following elements with respect

to compliance:

i. Compliance certification, testing, monitoring,

reporting, and record keeping requirements sufficient

to assure compliance with the terms and conditions of

the permit. Any document (including reports) required

by a CAAPP permit shall contain a certification by a

responsible official that meets the requirements of

subsection 5 of this Section and applicable

regulations.

ii. Inspection and entry requirements that

necessitate that, upon presentation of credentials and

other documents as may be required by law and in

accordance with constitutional limitations, the

permittee shall allow the Agency, or an authorized

representative to perform the following:

A. Enter upon the permittee's premises where a

CAAPP source is located or emissions-related

activity is conducted, or where records must be

kept under the conditions of the permit.

B. Have access to and copy, at reasonable

times, any records that must be kept under the

conditions of the permit.

C. Inspect at reasonable times any facilities,

equipment (including monitoring and air pollution

control equipment), practices, or operations

regulated or required under the permit.

D. Sample or monitor any substances or

parameters at any location:

1. As authorized by the Clean Air Act, at

reasonable times, for the purposes of assuring

compliance with the CAAPP permit or applicable

requirements; or

2. As otherwise authorized by this Act.

iii. A schedule of compliance consistent with

subsection 5 of this Section and applicable

regulations.

iv. Progress reports consistent with an applicable

schedule of compliance pursuant to paragraph(d) of

subsection 5 of this Section and applicable

regulations to be submitted semiannually, or more

frequently if the Agency determines that such more

frequent submittals are necessary for compliance with

the Act or regulations promulgated by the Board

thereunder. Such progress reports shall contain the

following:

A. Required dates for achieving the

activities, milestones, or compliance required by

the schedule of compliance and dates when such

activities, milestones or compliance were

achieved.

B. An explanation of why any dates in the

schedule of compliance were not or will not be met,

and any preventive or corrective measures adopted.

v. Requirements for compliance certification with

terms and conditions contained in the permit,

including emission limitations, standards, or work

practices. Permits shall include each of the

following:

A. The frequency (annually or more frequently

as specified in any applicable requirement or by

the Agency pursuant to written procedures) of

submissions of compliance certifications.

B. A means for assessing or monitoring the

compliance of the source with its emissions

limitations, standards, and work practices.

C. A requirement that the compliance

certification include the following:

1. The identification of each term or

condition contained in the permit that is the

basis of the certification.

2. The compliance status.

3. Whether compliance was continuous or

intermittent.

4. The method(s) used for determining the

compliance status of the source, both

currently and over the reporting period

consistent with subsection 7 of this Section.

D. A requirement that all compliance

certifications be submitted to USEPA as well as to

the Agency.

E. Additional requirements as may be specified

pursuant to Sections 114(a)(3) and 504(b) of the

Clean Air Act.

F. Other provisions as the Agency may require.

q. If the owner or operator of CAAPP source can

demonstrate in its CAAPP application, including an

application for a significant modification, that an

alternative emission limit would be equivalent to that

contained in the applicable Board regulations, the Agency

shall include the alternative emission limit in the CAAPP

permit, which shall supersede the emission limit set forth

in the applicable Board regulations, and shall include

conditions that insure that the resulting emission limit is

quantifiable, accountable, enforceable, and based on

replicable procedures.

8. Public Notice; Affected State Review.

a. The Agency shall provide notice to the public,

including an opportunity for public comment and a hearing,

on each draft CAAPP permit for issuance, renewal or

significant modification, subject to Section 7.1 and

subsection (a) of Section 7 of this Act.

b. The Agency shall prepare a draft CAAPP permit and a

statement that sets forth the legal and factual basis for

the draft CAAPP permit conditions, including references to

the applicable statutory or regulatory provisions. The

Agency shall provide this statement to any person who

requests it.

c. The Agency shall give notice of each draft CAAPP

permit to the applicant and to any affected State on or

before the time that the Agency has provided notice to the

public, except as otherwise provided in this Act.

d. The Agency, as part of its submittal of a proposed

permit to USEPA (or as soon as possible after the submittal

for minor permit modification procedures allowed under

subsection 14 of this Section), shall notify USEPA and any

affected State in writing of any refusal of the Agency to

accept all of the recommendations for the proposed permit

that an affected State submitted during the public or

affected State review period. The notice shall include the

Agency's reasons for not accepting the recommendations.

The Agency is not required to accept recommendations that

are not based on applicable requirements or the

requirements of this Section.

e. The Agency shall make available to the public any

CAAPP permit application, compliance plan (including the

schedule of compliance), CAAPP permit, and emissions or

compliance monitoring report. If an owner or operator of a

CAAPP source is required to submit information entitled to

protection from disclosure under Section 7.1 and

subsection (a) of Section 7 of this Act, the owner or

operator shall submit such information separately. The

requirements of Section 7.1 and subsection (a) of Section 7

of this Act shall apply to such information, which shall

not be included in a CAAPP permit unless required by law.

The contents of a CAAPP permit shall not be entitled to

protection under Section 7.1 and subsection (a) of Section

7 of this Act.

f. The Agency shall have the authority to adopt

procedural rules, in accordance with the Illinois

Administrative Procedure Act, as the Agency deems

necessary, to implement this subsection.

g. If requested by the permit applicant, the Agency

shall provide the permit applicant with a copy of the draft

CAAPP permit prior to any public review period. If

requested by the permit applicant, the Agency shall provide

the permit applicant with a copy of the final CAAPP permit

prior to issuance of the CAAPP permit.

9. USEPA Notice and Objection.

a. The Agency shall provide to USEPA for its review a

copy of each CAAPP application (including any application

for permit modification), statement of basis as provided in

paragraph(b) of subsection 8 of this Section, proposed

CAAPP permit, CAAPP permit, and, if the Agency does not

incorporate any affected State's recommendations on a

proposed CAAPP permit, a written statement of this decision

and its reasons for not accepting the recommendations,

except as otherwise provided in this Act or by agreement

with USEPA. To the extent practicable, the preceding

information shall be provided in computer readable format

compatible with USEPA's national database management

system.

b. The Agency shall not issue the proposed CAAPP permit

if USEPA objects in writing within 45 days after receipt of

the proposed CAAPP permit and all necessary supporting

information.

c. If USEPA objects in writing to the issuance of the

proposed CAAPP permit within the 45-day period, the Agency

shall respond in writing and may revise and resubmit the

proposed CAAPP permit in response to the stated objection,

to the extent supported by the record, within 90 days after

the date of the objection. Prior to submitting a revised

permit to USEPA, the Agency shall provide the applicant and

any person who participated in the public comment process,

pursuant to subsection 8 of this Section, with a 10-day

period to comment on any revision which the Agency is

proposing to make to the permit in response to USEPA's

objection in accordance with Agency procedures.

d. Any USEPA objection under this subsection,

according to the Clean Air Act, will include a statement of

reasons for the objection and a description of the terms

and conditions that must be in the permit, in order to

adequately respond to the objections. Grounds for a USEPA

objection include the failure of the Agency to: (1) submit

the items and notices required under this subsection; (2)

submit any other information necessary to adequately

review the proposed CAAPP permit; or (3) process the permit

under subsection 8 of this Section except for minor permit

modifications.

e. If USEPA does not object in writing to issuance of a

permit under this subsection, any person may petition USEPA

within 60 days after expiration of the 45-day review period

to make such objection.

f. If the permit has not yet been issued and USEPA

objects to the permit as a result of a petition, the Agency

shall not issue the permit until USEPA's objection has been

resolved. The Agency shall provide a 10-day comment period

in accordance with paragraph c of this subsection. A

petition does not, however, stay the effectiveness of a

permit or its requirements if the permit was issued after

expiration of the 45-day review period and prior to a USEPA

objection.

g. If the Agency has issued a permit after expiration

of the 45-day review period and prior to receipt of a USEPA

objection under this subsection in response to a petition

submitted pursuant to paragraph e of this subsection, the

Agency may, upon receipt of an objection from USEPA, revise

and resubmit the permit to USEPA pursuant to this

subsection after providing a 10-day comment period in

accordance with paragraph c of this subsection. If the

Agency fails to submit a revised permit in response to the

objection, USEPA shall modify, terminate or revoke the

permit. In any case, the source will not be in violation of

the requirement to have submitted a timely and complete

application.

h. The Agency shall have the authority to adopt

procedural rules, in accordance with the Illinois

Administrative Procedure Act, as the Agency deems

necessary, to implement this subsection.

10. Final Agency Action.

a. The Agency shall issue a CAAPP permit, permit

modification, or permit renewal if all of the following

conditions are met:

i. The applicant has submitted a complete and

certified application for a permit, permit

modification, or permit renewal consistent with

subsections 5 and 14 of this Section, as applicable,

and applicable regulations.

ii. The applicant has submitted with its complete

application an approvable compliance plan, including a

schedule for achieving compliance, consistent with

subsection 5 of this Section and applicable

regulations.

iii. The applicant has timely paid the fees

required pursuant to subsection 18 of this Section and

applicable regulations.

iv. The Agency has received a complete CAAPP

application and, if necessary, has requested and

received additional information from the applicant

consistent with subsection 5 of this Section and

applicable regulations.

v. The Agency has complied with all applicable

provisions regarding public notice and affected State

review consistent with subsection 8 of this Section and

applicable regulations.

vi. The Agency has provided a copy of each CAAPP

application, or summary thereof, pursuant to agreement

with USEPA and proposed CAAPP permit required under

subsection 9 of this Section to USEPA, and USEPA has

not objected to the issuance of the permit in

accordance with the Clean Air Act and 40 CFR Part 70.

b. The Agency shall have the authority to deny a CAAPP

permit, permit modification, or permit renewal if the

applicant has not complied with the requirements of

subparagraphs (i) through (iv) of paragraph (a) of this

subsection or if USEPA objects to its issuance.

c. i. Prior to denial of a CAAPP permit, permit

modification, or permit renewal under this Section,

the Agency shall notify the applicant of the possible

denial and the reasons for the denial.

ii. Within such notice, the Agency shall specify an

appropriate date by which the applicant shall

adequately respond to the Agency's notice. Such date

shall not exceed 15 days from the date the notification

is received by the applicant. The Agency may grant a

reasonable extension for good cause shown.

iii. Failure by the applicant to adequately

respond by the date specified in the notification or by

any granted extension date shall be grounds for denial

of the permit.

For purposes of obtaining judicial review under

Sections 40.2 and 41 of this Act, the Agency shall

provide to USEPA and each applicant, and, upon request,

to affected States, any person who participated in the

public comment process, and any other person who could

obtain judicial review under Sections 40.2 and 41 of

this Act, a copy of each CAAPP permit or notification

of denial pertaining to that party.

d. The Agency shall have the authority to adopt

procedural rules, in accordance with the Illinois

Administrative Procedure Act, as the Agency deems

necessary, to implement this subsection.

11. General Permits.

a. The Agency may issue a general permit covering

numerous similar sources, except for affected sources for

acid deposition unless otherwise provided in regulations

promulgated under Title IV of the Clean Air Act.

b. The Agency shall identify, in any general permit,

criteria by which sources may qualify for the general

permit.

c. CAAPP sources that would qualify for a general

permit must apply for coverage under the terms of the

general permit or must apply for a CAAPP permit consistent

with subsection 5 of this Section and applicable

regulations.

d. The Agency shall comply with the public comment and

hearing provisions of this Section as well as the USEPA and

affected State review procedures prior to issuance of a

general permit.

e. When granting a subsequent request by a qualifying

CAAPP source for coverage under the terms of a general

permit, the Agency shall not be required to repeat the

public notice and comment procedures. The granting of such

request shall not be considered a final permit action for

purposes of judicial review.

f. The Agency may not issue a general permit to cover

any discrete emission unit at a CAAPP source if another

CAAPP permit covers emission units at the source.

g. The Agency shall have the authority to adopt

procedural rules, in accordance with the Illinois

Administrative Procedure Act, as the Agency deems

necessary, to implement this subsection.

12. Operational Flexibility.

a. An owner or operator of a CAAPP source may make

changes at the CAAPP source without requiring a prior

permit revision, consistent with subparagraphs (i) through

(iii) of paragraph (a) of this subsection, so long as the

changes are not modifications under any provision of Title

I of the Clean Air Act and they do not exceed the emissions

allowable under the permit (whether expressed therein as a

rate of emissions or in terms of total emissions), provided

that the owner or operator of the CAAPP source provides

USEPA and the Agency with written notification as required

below in advance of the proposed changes, which shall be a

minimum of 7 days, unless otherwise provided by the Agency

in applicable regulations regarding emergencies. The owner

or operator of a CAAPP source and the Agency shall each

attach such notice to their copy of the relevant permit.

i. An owner or operator of a CAAPP source may make

Section 502 (b) (10) changes without a permit revision,

if the changes are not modifications under any

provision of Title I of the Clean Air Act and the

changes do not exceed the emissions allowable under the

permit (whether expressed therein as a rate of

emissions or in terms of total emissions).

A. For each such change, the written

notification required above shall include a brief

description of the change within the source, the

date on which the change will occur, any change in

emissions, and any permit term or condition that is

no longer applicable as a result of the change.

B. The permit shield described in paragraph(j)

of subsection 7 of this Section shall not apply to

any change made pursuant to this subparagraph.

ii. An owner or operator of a CAAPP source may

trade increases and decreases in emissions in the CAAPP

source, where the applicable implementation plan

provides for such emission trades without requiring a

permit revision. This provision is available in those

cases where the permit does not already provide for

such emissions trading.

A. Under this subparagraph(ii) of paragraph

(a) of this subsection, the written notification

required above shall include such information as

may be required by the provision in the applicable

implementation plan authorizing the emissions

trade, including at a minimum, when the proposed

changes will occur, a description of each such

change, any change in emissions, the permit

requirements with which the source will comply

using the emissions trading provisions of the

applicable implementation plan, and the pollutants

emitted subject to the emissions trade. The notice

shall also refer to the provisions in the

applicable implementation plan with which the

source will comply and provide for the emissions

trade.

B. The permit shield described in paragraph(j)

of subsection 7 of this Section shall not apply to

any change made pursuant to subparagraph (ii) of

paragraph (a) of this subsection. Compliance with

the permit requirements that the source will meet

using the emissions trade shall be determined

according to the requirements of the applicable

implementation plan authorizing the emissions

trade.

iii. If requested within a CAAPP application, the

Agency shall issue a CAAPP permit which contains terms

and conditions, including all terms required under

subsection 7 of this Section to determine compliance,

allowing for the trading of emissions increases and

decreases at the CAAPP source solely for the purpose of

complying with a federally-enforceable emissions cap

that is established in the permit independent of

otherwise applicable requirements. The owner or

operator of a CAAPP source shall include in its CAAPP

application proposed replicable procedures and permit

terms that ensure the emissions trades are

quantifiable and enforceable. The permit shall also

require compliance with all applicable requirements.

A. Under this subparagraph(iii) of paragraph

(a), the written notification required above shall

state when the change will occur and shall describe

the changes in emissions that will result and how

these increases and decreases in emissions will

comply with the terms and conditions of the permit.

B. The permit shield described in paragraph(j)

of subsection 7 of this Section shall extend to

terms and conditions that allow such increases and

decreases in emissions.

b. An owner or operator of a CAAPP source may make

changes that are not addressed or prohibited by the permit,

other than those which are subject to any requirements

under Title IV of the Clean Air Act or are modifications

under any provisions of Title I of the Clean Air Act,

without a permit revision, in accordance with the following

requirements:

(i) Each such change shall meet all applicable

requirements and shall not violate any existing permit

term or condition;

(ii) Sources must provide contemporaneous written

notice to the Agency and USEPA of each such change,

except for changes that qualify as insignificant under

provisions adopted by the Agency or the Board. Such

written notice shall describe each such change,

including the date, any change in emissions,

pollutants emitted, and any applicable requirement

that would apply as a result of the change;

(iii) The change shall not qualify for the shield

described in paragraph (j) of subsection 7 of this

Section; and

(iv) The permittee shall keep a record describing

changes made at the source that result in emissions of

a regulated air pollutant subject to an applicable

Clean Air Act requirement, but not otherwise regulated

under the permit, and the emissions resulting from

those changes.

c. The Agency shall have the authority to adopt

procedural rules, in accordance with the Illinois

Administrative Procedure Act, as the Agency deems

necessary to implement this subsection.

13. Administrative Permit Amendments.

a. The Agency shall take final action on a request for

an administrative permit amendment within 60 days after

receipt of the request. Neither notice nor an opportunity

for public and affected State comment shall be required for

the Agency to incorporate such revisions, provided it

designates the permit revisions as having been made

pursuant to this subsection.

b. The Agency shall submit a copy of the revised permit

to USEPA.

c. For purposes of this Section the term

"administrative permit amendment" shall be defined as a

permit revision that can accomplish one or more of the

changes described below:

i. Corrects typographical errors;

ii. Identifies a change in the name, address, or

phone number of any person identified in the permit, or

provides a similar minor administrative change at the

source;

iii. Requires more frequent monitoring or

reporting by the permittee;

iv. Allows for a change in ownership or operational

control of a source where the Agency determines that no

other change in the permit is necessary, provided that

a written agreement containing a specific date for

transfer of permit responsibility, coverage, and

liability between the current and new permittees has

been submitted to the Agency;

v. Incorporates into the CAAPP permit the

requirements from preconstruction review permits

authorized under a USEPA-approved program, provided

the program meets procedural and compliance

requirements substantially equivalent to those

contained in this Section;

vi. (Blank); or

vii. Any other type of change which USEPA has

determined as part of the approved CAAPP permit program

to be similar to those included in this subsection.

d. The Agency shall, upon taking final action granting

a request for an administrative permit amendment, allow

coverage by the permit shield in paragraph(j) of subsection

7 of this Section for administrative permit amendments made

pursuant to subparagraph(v) of paragraph (c) of this

subsection which meet the relevant requirements for

significant permit modifications.

e. Permit revisions and modifications, including

administrative amendments and automatic amendments

(pursuant to Sections 408(b) and 403(d) of the Clean Air

Act or regulations promulgated thereunder), for purposes

of the acid rain portion of the permit shall be governed by

the regulations promulgated under Title IV of the Clean Air

Act. Owners or operators of affected sources for acid

deposition shall have the flexibility to amend their

compliance plans as provided in the regulations

promulgated under Title IV of the Clean Air Act.

f. The CAAPP source may implement the changes addressed

in the request for an administrative permit amendment

immediately upon submittal of the request.

g. The Agency shall have the authority to adopt

procedural rules, in accordance with the Illinois

Administrative Procedure Act, as the Agency deems

necessary, to implement this subsection.

14. Permit Modifications.

a. Minor permit modification procedures.

i. The Agency shall review a permit modification

using the "minor permit" modification procedures only

for those permit modifications that:

A. Do not violate any applicable requirement;

B. Do not involve significant changes to

existing monitoring, reporting, or recordkeeping

requirements in the permit;

C. Do not require a case-by-case determination

of an emission limitation or other standard, or a

source-specific determination of ambient impacts,

or a visibility or increment analysis;

D. Do not seek to establish or change a permit

term or condition for which there is no

corresponding underlying requirement and which

avoids an applicable requirement to which the

source would otherwise be subject. Such terms and

conditions include:

1. A federally enforceable emissions cap

assumed to avoid classification as a

modification under any provision of Title I of

the Clean Air Act; and

2. An alternative emissions limit approved

pursuant to regulations promulgated under

Section 112(i)(5) of the Clean Air Act;

E. Are not modifications under any provision

of Title I of the Clean Air Act; and

F. Are not required to be processed as a

significant modification.

ii. Notwithstanding subparagraph(i) of paragraph

(a) and subparagraph(ii) of paragraph (b) of this

subsection, minor permit modification procedures may

be used for permit modifications involving the use of

economic incentives, marketable permits, emissions

trading, and other similar approaches, to the extent

that such minor permit modification procedures are

explicitly provided for in an applicable

implementation plan or in applicable requirements

promulgated by USEPA.

iii. An applicant requesting the use of minor

permit modification procedures shall meet the

requirements of subsection 5 of this Section and shall

include the following in its application:

A. A description of the change, the emissions

resulting from the change, and any new applicable

requirements that will apply if the change occurs;

B. The source's suggested draft permit;

C. Certification by a responsible official,

consistent with paragraph(e) of subsection 5 of

this Section and applicable regulations, that the

proposed modification meets the criteria for use

of minor permit modification procedures and a

request that such procedures be used; and

D. Completed forms for the Agency to use to

notify USEPA and affected States as required under

subsections 8 and 9 of this Section.

iv. Within 5 working days after receipt of a

complete permit modification application, the Agency

shall notify USEPA and affected States of the requested

permit modification in accordance with subsections 8

and 9 of this Section. The Agency promptly shall send

any notice required under paragraph(d) of subsection 8

of this Section to USEPA.

v. The Agency may not issue a final permit

modification until after the 45-day review period for

USEPA or until USEPA has notified the Agency that USEPA

will not object to the issuance of the permit

modification, whichever comes first, although the

Agency can approve the permit modification prior to

that time. Within 90 days after the Agency's receipt of

an application under the minor permit modification

procedures or 15 days after the end of USEPA's 45-day

review period under subsection 9 of this Section,

whichever is later, the Agency shall:

A. Issue the permit modification as proposed;

B. Deny the permit modification application;

C. Determine that the requested modification

does not meet the minor permit modification

criteria and should be reviewed under the

significant modification procedures; or

D. Revise the draft permit modification and

transmit to USEPA the new proposed permit

modification as required by subsection 9 of this

Section.

vi. Any CAAPP source may make the change proposed

in its minor permit modification application

immediately after it files such application. After the

CAAPP source makes the change allowed by the preceding

sentence, and until the Agency takes any of the actions

specified in items(A) through(C) of subparagraph (v)

of paragraph (a) of this subsection, the source must

comply with both the applicable requirements governing

the change and the proposed permit terms and

conditions. During this time period, the source need

not comply with the existing permit terms and

conditions it seeks to modify. If the source fails to

comply with its proposed permit terms and conditions

during this time period, the existing permit terms and

conditions which it seeks to modify may be enforced

against it.

vii. The permit shield under paragraph (j) of

subsection 7 of this Section may not extend to minor

permit modifications.

viii. If a construction permit is required,

pursuant to subsection (a) of Section 39 of this Act

and regulations thereunder, for a change for which the

minor permit modification procedures are applicable,

the source may request that the processing of the

construction permit application be consolidated with

the processing of the application for the minor permit

modification. In such cases, the provisions of this

Section, including those within subsections 5, 8, and

9, shall apply and the Agency shall act on such

applications pursuant to subparagraph(v) of paragraph

(a) of subsection 14 of this Section. The source may

make the proposed change immediately after filing its

application for the minor permit modification. Nothing

in this subparagraph shall otherwise affect the

requirements and procedures applicable to construction

permits.

b. Group Processing of Minor Permit Modifications.

i. Where requested by an applicant within its

application, the Agency shall process groups of a

source's applications for certain modifications

eligible for minor permit modification processing in

accordance with the provisions of this paragraph (b).

ii. Permit modifications may be processed in

accordance with the procedures for group processing,

for those modifications:

A. Which meet the criteria for minor permit

modification procedures under subparagraph(i) of

paragraph (a) of subsection 14 of this Section; and

B. That collectively are below 10 percent of

the emissions allowed by the permit for the

emissions unit for which change is requested, 20

percent of the applicable definition of major

source set forth in subsection 2 of this Section,

or 5 tons per year, whichever is least.

iii. An applicant requesting the use of group

processing procedures shall meet the requirements of

subsection 5 of this Section and shall include the

following in its application:

A. A description of the change, the emissions

resulting from the change, and any new applicable

requirements that will apply if the change occurs.

B. The source's suggested draft permit.

C. Certification by a responsible official

consistent with paragraph (e) of subsection 5 of

this Section, that the proposed modification meets

the criteria for use of group processing

procedures and a request that such procedures be

used.

D. A list of the source's other pending

applications awaiting group processing, and a

determination of whether the requested

modification, aggregated with these other

applications, equals or exceeds the threshold set

under item(B) of subparagraph (ii) of paragraph

(b) of this subsection.

E. Certification, consistent with paragraph(e)

of subsection 5 of this Section, that the source

has notified USEPA of the proposed modification.

Such notification need only contain a brief

description of the requested modification.

F. Completed forms for the Agency to use to

notify USEPA and affected states as required under

subsections 8 and 9 of this Section.

iv. On a quarterly basis or within 5 business days

after receipt of an application demonstrating that the

aggregate of a source's pending applications equals or

exceeds the threshold level set forth within item (B)

of subparagraph (ii) of paragraph (b) of this

subsection, whichever is earlier, the Agency shall

promptly notify USEPA and affected States of the

requested permit modifications in accordance with

subsections 8 and 9 of this Section. The Agency shall

send any notice required under paragraph(d) of

subsection 8 of this Section to USEPA.

v. The provisions of subparagraph(v) of paragraph

(a) of this subsection shall apply to modifications

eligible for group processing, except that the Agency

shall take one of the actions specified in items(A)

through (D) of subparagraph (v) of paragraph (a) of

this subsection within 180 days after receipt of the

application or 15 days after the end of USEPA's 45-day

review period under subsection 9 of this Section,

whichever is later.

vi. The provisions of subparagraph(vi) of

paragraph (a) of this subsection shall apply to

modifications for group processing.

vii. The provisions of paragraph(j) of subsection

7 of this Section shall not apply to modifications

eligible for group processing.

c. Significant Permit Modifications.

i. Significant modification procedures shall be

used for applications requesting significant permit

modifications and for those applications that do not

qualify as either minor permit modifications or as

administrative permit amendments.

ii. Every significant change in existing

monitoring permit terms or conditions and every

relaxation of reporting or recordkeeping requirements

shall be considered significant. A modification shall

also be considered significant if in the judgment of

the Agency action on an application for modification

would require decisions to be made on technically

complex issues. Nothing herein shall be construed to

preclude the permittee from making changes consistent

with this Section that would render existing permit

compliance terms and conditions irrelevant.

iii. Significant permit modifications must meet

all the requirements of this Section, including those

for applications (including completeness review),

public participation, review by affected States, and

review by USEPA applicable to initial permit issuance

and permit renewal. The Agency shall take final action

on significant permit modifications within 9 months

after receipt of a complete application.

d. The Agency shall have the authority to adopt

procedural rules, in accordance with the Illinois

Administrative Procedure Act, as the Agency deems

necessary, to implement this subsection.

15. Reopenings for Cause by the Agency.

a. Each issued CAAPP permit shall include provisions

specifying the conditions under which the permit will be

reopened prior to the expiration of the permit. Such

revisions shall be made as expeditiously as practicable. A

CAAPP permit shall be reopened and revised under any of the

following circumstances, in accordance with procedures

adopted by the Agency:

i. Additional requirements under the Clean Air Act

become applicable to a major CAAPP source for which 3

or more years remain on the original term of the

permit. Such a reopening shall be completed not later

than 18 months after the promulgation of the applicable

requirement. No such revision is required if the

effective date of the requirement is later than the

date on which the permit is due to expire.

ii. Additional requirements (including excess

emissions requirements) become applicable to an

affected source for acid deposition under the acid rain

program. Excess emissions offset plans shall be deemed

to be incorporated into the permit upon approval by

USEPA.

iii. The Agency or USEPA determines that the permit

contains a material mistake or that inaccurate

statements were made in establishing the emissions

standards, limitations, or other terms or conditions

of the permit.

iv. The Agency or USEPA determines that the permit

must be revised or revoked to assure compliance with

the applicable requirements.

b. In the event that the Agency determines that there

are grounds for revoking a CAAPP permit, for cause,

consistent with paragraph a of this subsection, it shall

file a petition before the Board setting forth the basis

for such revocation. In any such proceeding, the Agency

shall have the burden of establishing that the permit

should be revoked under the standards set forth in this Act

and the Clean Air Act. Any such proceeding shall be

conducted pursuant to the Board's procedures for

adjudicatory hearings and the Board shall render its

decision within 120 days of the filing of the petition. The

Agency shall take final action to revoke and reissue a

CAAPP permit consistent with the Board's order.

c. Proceedings regarding a reopened CAAPP permit shall

follow the same procedures as apply to initial permit

issuance and shall affect only those parts of the permit

for which cause to reopen exists.

d. Reopenings under paragraph (a) of this subsection

shall not be initiated before a notice of such intent is

provided to the CAAPP source by the Agency at least 30 days

in advance of the date that the permit is to be reopened,

except that the Agency may provide a shorter time period in

the case of an emergency.

e. The Agency shall have the authority to adopt

procedural rules, in accordance with the Illinois

Administrative Procedure Act, as the Agency deems

necessary, to implement this subsection.

16. Reopenings for Cause by USEPA.

a. When USEPA finds that cause exists to terminate,

modify, or revoke and reissue a CAAPP permit pursuant to

subsection 15 of this Section, and thereafter notifies the

Agency and the permittee of such finding in writing, the

Agency shall forward to USEPA and the permittee a proposed

determination of termination, modification, or revocation

and reissuance as appropriate, in accordance with

paragraph (b) of this subsection. The Agency's proposed

determination shall be in accordance with the record, the

Clean Air Act, regulations promulgated thereunder, this

Act and regulations promulgated thereunder. Such proposed

determination shall not affect the permit or constitute a

final permit action for purposes of this Act or the

Administrative Review Law. The Agency shall forward to

USEPA such proposed determination within 90 days after

receipt of the notification from USEPA. If additional time

is necessary to submit the proposed determination, the

Agency shall request a 90-day extension from USEPA and

shall submit the proposed determination within 180 days

after receipt of notification from USEPA.

b. i. Prior to the Agency's submittal to USEPA of a

proposed determination to terminate or revoke and

reissue the permit, the Agency shall file a petition

before the Board setting forth USEPA's objection, the

permit record, the Agency's proposed determination,

and the justification for its proposed determination.

The Board shall conduct a hearing pursuant to the rules

prescribed by Section 32 of this Act, and the burden of

proof shall be on the Agency.

ii. After due consideration of the written and oral

statements, the testimony and arguments that shall be

submitted at hearing, the Board shall issue and enter

an interim order for the proposed determination, which

shall set forth all changes, if any, required in the

Agency's proposed determination. The interim order

shall comply with the requirements for final orders as

set forth in Section 33 of this Act. Issuance of an

interim order by the Board under this paragraph,

however, shall not affect the permit status and does

not constitute a final action for purposes of this Act

or the Administrative Review Law.

iii. The Board shall cause a copy of its interim

order to be served upon all parties to the proceeding

as well as upon USEPA. The Agency shall submit the

proposed determination to USEPA in accordance with the

Board's Interim Order within 180 days after receipt of

the notification from USEPA.

c. USEPA shall review the proposed determination to

terminate, modify, or revoke and reissue the permit within

90 days after receipt.

i. When USEPA reviews the proposed determination

to terminate or revoke and reissue and does not object,

the Board shall, within 7 days after receipt of USEPA's

final approval, enter the interim order as a final

order. The final order may be appealed as provided by

Title XI of this Act. The Agency shall take final

action in accordance with the Board's final order.

ii. When USEPA reviews such proposed determination

to terminate or revoke and reissue and objects, the

Agency shall submit USEPA's objection and the Agency's

comments and recommendation on the objection to the

Board and permittee. The Board shall review its interim

order in response to USEPA's objection and the Agency's

comments and recommendation and issue a final order in

accordance with Sections 32 and 33 of this Act. The

Agency shall, within 90 days after receipt of such

objection, respond to USEPA's objection in accordance

with the Board's final order.

iii. When USEPA reviews such proposed

determination to modify and objects, the Agency shall,

within 90 days after receipt of the objection, resolve

the objection and modify the permit in accordance with

USEPA's objection, based upon the record, the Clean Air

Act, regulations promulgated thereunder, this Act, and

regulations promulgated thereunder.

d. If the Agency fails to submit the proposed

determination pursuant to paragraph a of this subsection or

fails to resolve any USEPA objection pursuant to paragraph

c of this subsection, USEPA will terminate, modify, or

revoke and reissue the permit.

e. The Agency shall have the authority to adopt

procedural rules, in accordance with the Illinois

Administrative Procedure Act, as the Agency deems

necessary, to implement this subsection.

17. Title IV; Acid Rain Provisions.

a. The Agency shall act on initial CAAPP applications

for affected sources for acid deposition in accordance with

this Section and Title V of the Clean Air Act and

regulations promulgated thereunder, except as modified by

Title IV of the Clean Air Act and regulations promulgated

thereunder. The Agency shall issue initial CAAPP permits to

the affected sources for acid deposition which shall become

effective no earlier than January 1, 1995, and which shall

terminate on December 31, 1999, in accordance with this

Section. Subsequent CAAPP permits issued to affected

sources for acid deposition shall be issued for a fixed

term of 5 years. Title IV of the Clean Air Act and

regulations promulgated thereunder, including but not

limited to 40 C.F.R. Part 72, as now or hereafter amended,

are applicable to and enforceable under this Act.

b. A designated representative of an affected source

for acid deposition shall submit a timely and complete

Phase II acid rain permit application and compliance plan

to the Agency, not later than January 1, 1996, that meets

the requirements of Titles IV and V of the Clean Air Act

and regulations. The Agency shall act on the Phase II acid

rain permit application and compliance plan in accordance

with this Section and Title V of the Clean Air Act and

regulations promulgated thereunder, except as modified by

Title IV of the Clean Air Act and regulations promulgated

thereunder. The Agency shall issue the Phase II acid rain

permit to an affected source for acid deposition no later

than December 31, 1997, which shall become effective on

January 1, 2000, in accordance with this Section, except as

modified by Title IV and regulations promulgated

thereunder; provided that the designated representative of

the source submitted a timely and complete Phase II permit

application and compliance plan to the Agency that meets

the requirements of Title IV and V of the Clean Air Act and

regulations.

c. Each Phase II acid rain permit issued in accordance

with this subsection shall have a fixed term of 5 years.

Except as provided in paragraph b above, the Agency shall

issue or deny a Phase II acid rain permit within 18 months

of receiving a complete Phase II permit application and

compliance plan.

d. A designated representative of a new unit, as

defined in Section 402 of the Clean Air Act, shall submit a

timely and complete Phase II acid rain permit application

and compliance plan that meets the requirements of Titles

IV and V of the Clean Air Act and its regulations. The

Agency shall act on the new unit's Phase II acid rain

permit application and compliance plan in accordance with

this Section and Title V of the Clean Air Act and its

regulations, except as modified by Title IV of the Clean

Air Act and its regulations. The Agency shall reopen the

new unit's CAAPP permit for cause to incorporate the

approved Phase II acid rain permit in accordance with this

Section. The Phase II acid rain permit for the new unit

shall become effective no later than the date required

under Title IV of the Clean Air Act and its regulations.

e. A designated representative of an affected source

for acid deposition shall submit a timely and complete

Title IV NOx permit application to the Agency, not later

than January 1, 1998, that meets the requirements of Titles

IV and V of the Clean Air Act and its regulations. The

Agency shall reopen the Phase II acid rain permit for cause

and incorporate the approved NOx provisions into the Phase

II acid rain permit not later than January 1, 1999, in

accordance with this Section, except as modified by Title

IV of the Clean Air Act and regulations promulgated

thereunder. Such reopening shall not affect the term of the

Phase II acid rain permit.

f. The designated representative of the affected

source for acid deposition shall renew the initial CAAPP

permit and Phase II acid rain permit in accordance with

this Section and Title V of the Clean Air Act and

regulations promulgated thereunder, except as modified by

Title IV of the Clean Air Act and regulations promulgated

thereunder.

g. In the case of an affected source for acid

deposition for which a complete Phase II acid rain permit

application and compliance plan are timely received under

this subsection, the complete permit application and

compliance plan, including amendments thereto, shall be

binding on the owner, operator and designated

representative, all affected units for acid deposition at

the affected source, and any other unit, as defined in

Section 402 of the Clean Air Act, governed by the Phase II

acid rain permit application and shall be enforceable as an

acid rain permit for purposes of Titles IV and V of the

Clean Air Act, from the date of submission of the acid rain

permit application until a Phase II acid rain permit is

issued or denied by the Agency.

h. The Agency shall not include or implement any

measure which would interfere with or modify the

requirements of Title IV of the Clean Air Act or

regulations promulgated thereunder.

i. Nothing in this Section shall be construed as

affecting allowances or USEPA's decision regarding an

excess emissions offset plan, as set forth in Title IV of

the Clean Air Act or regulations promulgated thereunder.

i. No permit revision shall be required for

increases in emissions that are authorized by

allowances acquired pursuant to the acid rain program,

provided that such increases do not require a permit

revision under any other applicable requirement.

ii. No limit shall be placed on the number of

allowances held by the source. The source may not,

however, use allowances as a defense to noncompliance

with any other applicable requirement.

iii. Any such allowance shall be accounted for

according to the procedures established in regulations

promulgated under Title IV of the Clean Air Act.

j. To the extent that the federal regulations

promulgated under Title IV, including but not limited to 40

C.F.R. Part 72, as now or hereafter amended, are

inconsistent with the federal regulations promulgated

under Title V, the federal regulations promulgated under

Title IV shall take precedence.

k. The USEPA may intervene as a matter of right in any

permit appeal involving a Phase II acid rain permit

provision or denial of a Phase II acid rain permit.

l. It is unlawful for any owner or operator to violate

any terms or conditions of a Phase II acid rain permit

issued under this subsection, to operate any affected

source for acid deposition except in compliance with a

Phase II acid rain permit issued by the Agency under this

subsection, or to violate any other applicable

requirements.

m. The designated representative of an affected source

for acid deposition shall submit to the Agency the data and

information submitted quarterly to USEPA, pursuant to 40

CFR 75.64, concurrently with the submission to USEPA. The

submission shall be in the same electronic format as

specified by USEPA.

n. The Agency shall act on any petition for exemption

of a new unit or retired unit, as those terms are defined

in Section 402 of the Clean Air Act, from the requirements

of the acid rain program in accordance with Title IV of the

Clean Air Act and its regulations.

o. The Agency shall have the authority to adopt

procedural rules, in accordance with the Illinois

Administrative Procedure Act, as the Agency deems

necessary to implement this subsection.

18. Fee Provisions.

a. A source subject to this Section or excluded under

subsection 1.1 or paragraph (c) of subsection 3 of this

Section, shall pay a fee as provided in this paragraph (a)

of subsection 18. However, a source that has been excluded

from the provisions of this Section under subsection 1.1 or

under paragraph (c) of subsection 3 of this Section because

the source emits less than 25 tons per year of any

combination of regulated air pollutants, except greenhouse

gases, shall pay fees in accordance with paragraph (1) of

subsection (b) of Section 9.6.

i. The fee for a source allowed to emit less than

100 tons per year of any combination of regulated air

pollutants, except greenhouse gases, shall be $1,800

per year, and that fee shall increase, beginning

January 1, 2012, to $2,150 per year.

ii. The fee for a source allowed to emit 100 tons

or more per year of any combination of regulated air

pollutants, except greenhouse gases and those

regulated air pollutants excluded in paragraph(f) of

this subsection 18, shall be as follows:

A. The Agency shall assess a fee of $18 per

ton, per year for the allowable emissions of

regulated air pollutants subject to this

subparagraph (ii) of paragraph (a) of subsection

18, and that fee shall increase, beginning January

1, 2012, to $21.50 per ton, per year. These fees

shall be used by the Agency and the Board to fund

the activities required by Title V of the Clean Air

Act including such activities as may be carried out

by other State or local agencies pursuant to

paragraph (d) of this subsection. The amount of

such fee shall be based on the information supplied

by the applicant in its complete CAAPP permit

application or in the CAAPP permit if the permit

has been granted and shall be determined by the

amount of emissions that the source is allowed to

emit annually, provided however, that the maximum

fee for a CAAPP permit under this subparagraph (ii)

of paragraph (a) of subsection 18 is $250,000, and

increases, beginning January 1, 2012, to $294,000.

Beginning January 1, 2012, the maximum fee under

this subparagraph (ii) of paragraph (a) of

subsection 18 for a source that has been excluded

under subsection 1.1 of this Section or under

paragraph (c) of subsection 3 of this Section is

$4,112. The Agency shall provide as part of the

permit application form required under subsection

5 of this Section a separate fee calculation form

which will allow the applicant to identify the

allowable emissions and calculate the fee. In no

event shall the Agency raise the amount of

allowable emissions requested by the applicant

unless such increases are required to demonstrate

compliance with terms of a CAAPP permit.

Notwithstanding the above, any applicant may

seek a change in its permit which would result in

increases in allowable emissions due to an

increase in the hours of operation or production

rates of an emission unit or units and such a

change shall be consistent with the construction

permit requirements of the existing State permit

program, under subsection (a) of Section 39 of this

Act and applicable provisions of this Section.

Where a construction permit is required, the

Agency shall expeditiously grant such construction

permit and shall, if necessary, modify the CAAPP

permit based on the same application.

B. The applicant or permittee may pay the fee

annually or semiannually for those fees greater

than $5,000. However, any applicant paying a fee

equal to or greater than $100,000 shall pay the

full amount on July 1, for the subsequent fiscal

year, or pay 50% of the fee on July 1 and the

remaining 50% by the next January 1. The Agency may

change any annual billing date upon reasonable

notice, but shall prorate the new bill so that the

permittee or applicant does not pay more than its

required fees for the fee period for which payment

is made.

b. (Blank).

c. (Blank).

d. There is hereby created in the State Treasury a

special fund to be known as the "CAA Permit Fund". All

Funds collected by the Agency pursuant to this subsection

shall be deposited into the Fund. The General Assembly

shall appropriate monies from this Fund to the Agency and

to the Board to carry out their obligations under this

Section. The General Assembly may also authorize monies to

be granted by the Agency from this Fund to other State and

local agencies which perform duties related to the CAAPP.

Interest generated on the monies deposited in this Fund

shall be returned to the Fund.

e. The Agency shall have the authority to adopt

procedural rules, in accordance with the Illinois

Administrative Procedure Act, as the Agency deems

necessary to implement this subsection.

f. For purposes of this subsection, the term "regulated

air pollutant" shall have the meaning given to it under

subsection 1 of this Section but shall exclude the

following:

i. carbon monoxide;

ii. any Class I or II substance which is a

regulated air pollutant solely because it is listed

pursuant to Section 602 of the Clean Air Act; and

iii. any pollutant that is a regulated air

pollutant solely because it is subject to a standard or

regulation under Section 112(r) of the Clean Air Act

based on the emissions allowed in the permit effective

in that calendar year, at the time the applicable bill

is generated.

19. Air Toxics Provisions.

a. In the event that the USEPA fails to promulgate in a

timely manner a standard pursuant to Section 112(d) of the

Clean Air Act, the Agency shall have the authority to issue

permits, pursuant to Section 112(j) of the Clean Air Act

and regulations promulgated thereunder, which contain

emission limitations which are equivalent to the emission

limitations that would apply to a source if an emission

standard had been promulgated in a timely manner by USEPA

pursuant to Section 112(d). Provided, however, that the

owner or operator of a source shall have the opportunity to

submit to the Agency a proposed emission limitation which

it determines to be equivalent to the emission limitations

that would apply to such source if an emission standard had

been promulgated in a timely manner by USEPA. If the Agency

refuses to include the emission limitation proposed by the

owner or operator in a CAAPP permit, the owner or operator

may petition the Board to establish whether the emission

limitation proposal submitted by the owner or operator

provides for emission limitations which are equivalent to

the emission limitations that would apply to the source if

the emission standard had been promulgated by USEPA in a

timely manner. The Board shall determine whether the

emission limitation proposed by the owner or operator or an

alternative emission limitation proposed by the Agency

provides for the level of control required under Section

112 of the Clean Air Act, or shall otherwise establish an

appropriate emission limitation, pursuant to Section 112

of the Clean Air Act.

b. Any Board proceeding brought under paragraph (a) or

(e) of this subsection shall be conducted according to the

Board's procedures for adjudicatory hearings and the Board

shall render its decision within 120 days of the filing of

the petition. Any such decision shall be subject to review

pursuant to Section 41 of this Act. Where USEPA promulgates

an applicable emission standard prior to the issuance of

the CAAPP permit, the Agency shall include in the permit

the promulgated standard, provided that the source shall

have the compliance period provided under Section 112(i) of

the Clean Air Act. Where USEPA promulgates an applicable

standard subsequent to the issuance of the CAAPP permit,

the Agency shall revise such permit upon the next renewal

to reflect the promulgated standard, providing a

reasonable time for the applicable source to comply with

the standard, but no longer than 8 years after the date on

which the source is first required to comply with the

emissions limitation established under this subsection.

c. The Agency shall have the authority to implement and

enforce complete or partial emission standards promulgated

by USEPA pursuant to Section 112(d), and standards

promulgated by USEPA pursuant to Sections 112(f), 112(h),

112(m), and 112(n), and may accept delegation of authority

from USEPA to implement and enforce Section 112(l) and

requirements for the prevention and detection of

accidental releases pursuant to Section 112(r) of the Clean

Air Act.

d. The Agency shall have the authority to issue permits

pursuant to Section 112(i)(5) of the Clean Air Act.

e. The Agency has the authority to implement Section

112(g) of the Clean Air Act consistent with the Clean Air

Act and federal regulations promulgated thereunder. If the

Agency refuses to include the emission limitations

proposed in an application submitted by an owner or

operator for a case-by-case maximum achievable control

technology (MACT) determination, the owner or operator may

petition the Board to determine whether the emission

limitation proposed by the owner or operator or an

alternative emission limitation proposed by the Agency

provides for a level of control required by Section 112 of

the Clean Air Act, or to otherwise establish an appropriate

emission limitation under Section 112 of the Clean Air Act.

20. Small Business.

a. For purposes of this subsection:

"Program" is the Small Business Stationary Source

Technical and Environmental Compliance Assistance Program

created within this State pursuant to Section 507 of the

Clean Air Act and guidance promulgated thereunder, to

provide technical assistance and compliance information to

small business stationary sources;

"Small Business Assistance Program" is a component of

the Program responsible for providing sufficient

communications with small businesses through the

collection and dissemination of information to small

business stationary sources; and

"Small Business Stationary Source" means a stationary

source that:

1. is owned or operated by a person that employs

100 or fewer individuals;

2. is a small business concern as defined in the

"Small Business Act";

3. is not a major source as that term is defined in

subsection 2 of this Section;

4. does not emit 50 tons or more per year of any

regulated air pollutant, except greenhouse gases; and

5. emits less than 75 tons per year of all

regulated pollutants, except greenhouse gases.

b. The Agency shall adopt and submit to USEPA, after

reasonable notice and opportunity for public comment, as a

revision to the Illinois state implementation plan, plans

for establishing the Program.

c. The Agency shall have the authority to enter into

such contracts and agreements as the Agency deems necessary

to carry out the purposes of this subsection.

d. The Agency may establish such procedures as it may

deem necessary for the purposes of implementing and

executing its responsibilities under this subsection.

e. There shall be appointed a Small Business Ombudsman

(hereinafter in this subsection referred to as

"Ombudsman") to monitor the Small Business Assistance

Program. The Ombudsman shall be a nonpartisan designated

official, with the ability to independently assess whether

the goals of the Program are being met.

f. The State Ombudsman Office shall be located in an

existing Ombudsman office within the State or in any State

Department.

g. There is hereby created a State Compliance Advisory

Panel (hereinafter in this subsection referred to as

"Panel") for determining the overall effectiveness of the

Small Business Assistance Program within this State.

h. The selection of Panel members shall be by the

following method:

1. The Governor shall select two members who are

not owners or representatives of owners of small

business stationary sources to represent the general

public;

2. The Director of the Agency shall select one

member to represent the Agency; and

3. The State Legislature shall select four members

who are owners or representatives of owners of small

business stationary sources. Both the majority and

minority leadership in both Houses of the Legislature

shall appoint one member of the panel.

i. Panel members should serve without compensation but

will receive full reimbursement for expenses including

travel and per diem as authorized within this State.

j. The Panel shall select its own Chair by a majority

vote. The Chair may meet and consult with the Ombudsman and

the head of the Small Business Assistance Program in

planning the activities for the Panel.

21. Temporary Sources.

a. The Agency may issue a single permit authorizing

emissions from similar operations by the same source owner

or operator at multiple temporary locations, except for

sources which are affected sources for acid deposition

under Title IV of the Clean Air Act.

b. The applicant must demonstrate that the operation is

temporary and will involve at least one change of location

during the term of the permit.

c. Any such permit shall meet all applicable

requirements of this Section and applicable regulations,

and include conditions assuring compliance with all

applicable requirements at all authorized locations and

requirements that the owner or operator notify the Agency

at least 10 days in advance of each change in location.

22. Solid Waste Incineration Units.

a. A CAAPP permit for a solid waste incineration unit

combusting municipal waste subject to standards

promulgated under Section 129(e) of the Clean Air Act shall

be issued for a period of 12 years and shall be reviewed

every 5 years, unless the Agency requires more frequent

review through Agency procedures.

b. During the review in paragraph (a) of this

subsection, the Agency shall fully review the previously

submitted CAAPP permit application and corresponding

reports subsequently submitted to determine whether the

source is in compliance with all applicable requirements.

c. If the Agency determines that the source is not in

compliance with all applicable requirements it shall

revise the CAAPP permit as appropriate.

d. The Agency shall have the authority to adopt

procedural rules, in accordance with the Illinois

Administrative Procedure Act, as the Agency deems

necessary, to implement this subsection.

(Source: P.A. 97-95, eff. 7-12-11.)