093_HB3551ham001

 










                                     LRB093 02591 EFG 12625 a

 1                    AMENDMENT TO HOUSE BILL 3551

 2        AMENDMENT NO.     .  Amend House Bill 3551 on page 1,  in
 3    line 5, by changing "Section 9.9" to "Sections 9.9 and 39.5";
 4    and

 5    on page 5, below line 2, by inserting the following:

 6        "(415 ILCS 5/39.5) (from Ch. 111 1/2, par. 1039.5)
 7        Sec. 39.5.  Clean Air Act Permit Program.
 8        1.  Definitions.
 9        For purposes of this Section:
10        "Administrative permit amendment" means a permit revision
11    subject to subsection 13 of this Section.
12        "Affected source for acid deposition" means a source that
13    includes  one  or  more  affected units under Title IV of the
14    Clean Air Act.
15        "Affected States" for purposes of formal distribution  of
16    a  draft  CAAPP  permit to other States for comments prior to
17    issuance, means all States:
18             (1)  Whose air quality may be affected by the source
19        covered by the draft permit and that  are  contiguous  to
20        Illinois; or
21             (2)  That are within 50 miles of the source.
22        "Affected  unit  for  acid  deposition"  shall  have  the
 
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 1    meaning  given to the term "affected unit" in the regulations
 2    promulgated under Title IV of the Clean Air Act.
 3        "Applicable Clean Air Act requirement" means all  of  the
 4    following  as  they  apply  to  emissions  units  in a source
 5    (including regulations that have been promulgated or approved
 6    by USEPA pursuant to the Clean Air Act which directly  impose
 7    requirements   upon   a   source   and   other  such  federal
 8    requirements which have been adopted by the Board.  These may
 9    include  requirements  and  regulations  which  have   future
10    effective  compliance  dates.   Requirements  and regulations
11    will be exempt if USEPA  determines  that  such  requirements
12    need not be contained in a Title V permit):
13             (1)  Any  standard or other requirement provided for
14        in the applicable state implementation plan  approved  or
15        promulgated  by  USEPA under Title I of the Clean Air Act
16        that implement the relevant requirements of the Clean Air
17        Act, including any revisions to the state  Implementation
18        Plan  promulgated in 40 CFR Part 52, Subparts A and O and
19        other subparts applicable to Illinois.  For  purposes  of
20        this  subsection (1) of this definition, "any standard or
21        other requirement" shall  mean  only  such  standards  or
22        requirements  directly  enforceable against an individual
23        source under the Clean Air Act.
24             (2)(i)  Any term or condition of any preconstruction
25             permits issued pursuant to regulations  approved  or
26             promulgated  by USEPA under Title I of the Clean Air
27             Act, including Part C or D of the Clean Air Act.
28                  (ii)  Any  term  or   condition   as   required
29             pursuant   to   Section   39.5   of   any  federally
30             enforceable State operating permit  issued  pursuant
31             to  regulations  approved  or  promulgated  by USEPA
32             under Title I of the Clean Air Act, including Part C
33             or D of the Clean Air Act.
34             (3)  Any standard or other requirement under Section
 
                            -3-      LRB093 02591 EFG 12625 a
 1        111 of the Clean Air Act, including Section 111(d).
 2             (4)  Any standard or other requirement under Section
 3        112 of the  Clean  Air  Act,  including  any  requirement
 4        concerning accident prevention under Section 112(r)(7) of
 5        the Clean Air Act.
 6             (5)  Any  standard  or other requirement of the acid
 7        rain program under Title IV of the Clean Air Act  or  the
 8        regulations promulgated thereunder.
 9             (6)  Any   requirements   established   pursuant  to
10        Section 504(b) or Section 114(a)(3) of the Clean Air Act.
11             (7)  Any standard  or  other  requirement  governing
12        solid  waste incineration, under Section 129 of the Clean
13        Air Act.
14             (8)  Any standard or other requirement for  consumer
15        and  commercial  products,  under  Section  183(e) of the
16        Clean Air Act.
17             (9)  Any standard  or  other  requirement  for  tank
18        vessels, under Section 183(f) of the Clean Air Act.
19             (10)  Any  standard  or  other  requirement  of  the
20        program  to  control air pollution from Outer Continental
21        Shelf sources, under Section 328 of the Clean Air Act.
22             (11)  Any  standard  or  other  requirement  of  the
23        regulations promulgated to  protect  stratospheric  ozone
24        under  Title  VI  of  the Clean Air Act, unless USEPA has
25        determined that such requirements need not  be  contained
26        in a Title V permit.
27             (12)  Any  national  ambient air quality standard or
28        increment or visibility requirement under Part C of Title
29        I of the Clean Air Act, but only as  it  would  apply  to
30        temporary sources permitted pursuant to Section 504(e) of
31        the Clean Air Act.
32        "Applicable  requirement"  means all applicable Clean Air
33    Act requirements and any other standard, limitation, or other
34    requirement contained in this Act or regulations  promulgated
 
                            -4-      LRB093 02591 EFG 12625 a
 1    under  this  Act as applicable to sources of air contaminants
 2    (including requirements that have future effective compliance
 3    dates).
 4        "CAAPP" means the Clean Air Act Permit Program, developed
 5    pursuant to Title V of the Clean Air Act.
 6        "CAAPP application" means  an  application  for  a  CAAPP
 7    permit.
 8        "CAAPP  Permit"  or "permit" (unless the context suggests
 9    otherwise)  means  any  permit  issued,   renewed,   amended,
10    modified or revised pursuant to Title V of the Clean Air Act.
11        "CAAPP  source"  means  any source for which the owner or
12    operator is required to obtain a  CAAPP  permit  pursuant  to
13    subsection 2 of this Section.
14        "Clean  Air  Act"  means  the  Clean  Air Act, as now and
15    hereafter amended, 42 U.S.C. 7401, et seq.
16        "Designated representative" shall have the meaning  given
17    to  it  in  Section  402(26)  of  the  Clean  Air Act and the
18    regulations promulgated thereunder which states that the term
19    'designated representative' shall mean a  responsible  person
20    or  official authorized by the owner or operator of a unit to
21    represent the owner or operator in all matters pertaining  to
22    the holding, transfer, or disposition of allowances allocated
23    to a unit, and the submission of and compliance with permits,
24    permit applications, and compliance plans for the unit.
25        "Draft  CAAPP permit" means the version of a CAAPP permit
26    for which public notice and an opportunity for public comment
27    and hearing is offered by the Agency.
28        "Effective date of the CAAPP" means the date  that  USEPA
29    approves Illinois' CAAPP.
30        "Emission   unit"   means  any  part  or  activity  of  a
31    stationary source that emits or has the potential to emit any
32    air pollutant.  This term is not meant to alter or affect the
33    definition of the term "unit" for purposes of Title IV of the
34    Clean Air Act.
 
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 1        "Federally enforceable" means enforceable by USEPA.
 2        "Final permit action" means the  Agency's  granting  with
 3    conditions,  refusal  to  grant, renewal of, or revision of a
 4    CAAPP permit, the Agency's determination of incompleteness of
 5    a submitted CAAPP application, or the Agency's failure to act
 6    on an application for a permit,  permit  renewal,  or  permit
 7    revision   within  the  time  specified  in  paragraph  5(j),
 8    subsection 13, or subsection 14 of this Section.
 9        "General permit" means a permit issued to cover  numerous
10    similar  sources  in  accordance  with  subsection 11 of this
11    Section.
12        "Major source" means a source for which emissions of  one
13    or  more  air  pollutants  meet the criteria for major status
14    pursuant to paragraph 2(c) of this Section.
15        "Maximum achievable control technology" or  "MACT"  means
16    the   maximum   degree  of  reductions  in  emissions  deemed
17    achievable under Section 112 of the Clean Air Act.
18        "Owner or operator" means any person  who  owns,  leases,
19    operates, controls, or supervises a stationary source.
20        "Permit  modification" means a revision to a CAAPP permit
21    that  cannot  be  accomplished  under  the   provisions   for
22    administrative  permit amendments under subsection 13 of this
23    Section.
24        "Permit  revision"  means  a   permit   modification   or
25    administrative permit amendment.
26        "Phase  II"  means  the  period of the national acid rain
27    program, established under Title IV of  the  Clean  Air  Act,
28    beginning January 1, 2000, and continuing thereafter.
29        "Phase  II acid rain permit" means the portion of a CAAPP
30    permit issued, renewed, modified, or revised  by  the  Agency
31    during Phase II for an affected source for acid deposition.
32        "Potential  to  emit"  means  the  maximum  capacity of a
33    stationary  source  to  emit  any  air  pollutant  under  its
34    physical and operational design.  Any physical or operational
 
                            -6-      LRB093 02591 EFG 12625 a
 1    limitation on the  capacity  of  a  source  to  emit  an  air
 2    pollutant,  including  air  pollution  control  equipment and
 3    restrictions on hours of operation or on the type  or  amount
 4    of material combusted, stored, or processed, shall be treated
 5    as  part  of  its  design if the limitation is enforceable by
 6    USEPA.  This definition does not alter or affect the  use  of
 7    this  term for any other purposes under the Clean Air Act, or
 8    the term "capacity factor" as used in Title IV of  the  Clean
 9    Air Act or the regulations promulgated thereunder.
10        "Preconstruction Permit" or "Construction Permit" means a
11    permit  which  is  to  be  obtained  prior  to  commencing or
12    beginning actual construction or modification of a source  or
13    emissions unit.
14        "Proposed  CAAPP  permit"  means  the  version of a CAAPP
15    permit that the Agency proposes  to  issue  and  forwards  to
16    USEPA  for  review in compliance with applicable requirements
17    of the Act and regulations promulgated thereunder.
18        "Regulated air pollutant" means the following:
19             (1)  Nitrogen oxides (NOx) or any  volatile  organic
20        compound.
21             (2)  Any  pollutant for which a national ambient air
22        quality standard has been promulgated.
23             (3)  Any pollutant that is subject to  any  standard
24        promulgated under Section 111 of the Clean Air Act.
25             (4)  Any  Class  I  or  II  substance  subject  to a
26        standard promulgated under or established by Title VI  of
27        the Clean Air Act.
28             (5)  Any pollutant subject to a standard promulgated
29        under Section 112 or other requirements established under
30        Section  112  of  the  Clean  Air Act, including Sections
31        112(g), (j) and (r).
32                  (i)  Any  pollutant  subject  to   requirements
33             under  Section  112(j)  of  the  Clean Air Act.  Any
34             pollutant listed under Section 112(b) for which  the
 
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 1             subject source would be major shall be considered to
 2             be regulated 18 months after the date on which USEPA
 3             was  required  to  promulgate an applicable standard
 4             pursuant to Section 112(e) of the Clean Air Act,  if
 5             USEPA fails to promulgate such standard.
 6                  (ii)  Any  pollutant for which the requirements
 7             of Section 112(g)(2) of the Clean Air Act have  been
 8             met,  but only with respect to the individual source
 9             subject to Section 112(g)(2) requirement.
10        "Renewal" means the process by which a permit is reissued
11    at the end of its term.
12        "Responsible official" means one of the following:
13             (1)  For  a  corporation:  a  president,  secretary,
14        treasurer, or vice-president of the corporation in charge
15        of a principal business function, or any other person who
16        performs similar policy or decision-making functions  for
17        the  corporation,  or a duly authorized representative of
18        such person if the representative is responsible for  the
19        overall   operation   of   one   or  more  manufacturing,
20        production,  or  operating  facilities  applying  for  or
21        subject to a permit and either (i) the facilities  employ
22        more  than  250  persons  or  have  gross annual sales or
23        expenditures exceeding $25  million  (in  second  quarter
24        1980  dollars),  or  (ii)  the delegation of authority to
25        such representative is approved in advance by the Agency.
26             (2)  For a partnership  or  sole  proprietorship:  a
27        general  partner  or  the proprietor, respectively, or in
28        the case of a partnership in which all  of  the  partners
29        are corporations, a duly authorized representative of the
30        partnership  if the representative is responsible for the
31        overall  operation  of   one   or   more   manufacturing,
32        production,  or  operating  facilities  applying  for  or
33        subject  to a permit and either (i) the facilities employ
34        more than 250 persons  or  have  gross  annual  sales  or
 
                            -8-      LRB093 02591 EFG 12625 a
 1        expenditures  exceeding  $25  million  (in second quarter
 2        1980 dollars), or (ii) the  delegation  of  authority  to
 3        such representative is approved in advance by the Agency.
 4             (3)  For  a  municipality,  State, Federal, or other
 5        public agency: either a principal  executive  officer  or
 6        ranking elected official.  For the purposes of this part,
 7        a   principal  executive  officer  of  a  Federal  agency
 8        includes   the    chief    executive    officer    having
 9        responsibility  for the overall operations of a principal
10        geographic  unit  of  the  agency   (e.g.,   a   Regional
11        Administrator of USEPA).
12             (4)  For affected sources for acid deposition:
13                  (i)  The designated representative shall be the
14             "responsible   official"   in  so  far  as  actions,
15             standards, requirements, or prohibitions under Title
16             IV  of  the  Clean  Air  Act  or   the   regulations
17             promulgated thereunder are concerned.
18                  (ii)  The designated representative may also be
19             the  "responsible  official"  for any other purposes
20             with respect to air pollution control.
21        "Section   502(b)(10)   changes"   means   changes   that
22    contravene express permit terms. "Section 502(b)(10) changes"
23    do  not  include  changes  that  would   violate   applicable
24    requirements or contravene federally enforceable permit terms
25    or  conditions  that are monitoring (including test methods),
26    recordkeeping,   reporting,   or   compliance   certification
27    requirements.
28        "Solid  waste  incineration  unit"   means   a   distinct
29    operating unit of any facility which combusts any solid waste
30    material  from commercial or industrial establishments or the
31    general public (including  single  and  multiple  residences,
32    hotels,  and motels).  The term does not include incinerators
33    or other units required to have a permit under  Section  3005
34    of  the  Solid  Waste  Disposal  Act.  The term also does not
 
                            -9-      LRB093 02591 EFG 12625 a
 1    include (A) materials recovery facilities (including  primary
 2    or  secondary  smelters)  which combust waste for the primary
 3    purpose of recovering  metals,  (B)  qualifying  small  power
 4    production  facilities, as defined in Section 3(17)(C) of the
 5    Federal Power  Act  (16  U.S.C.  769(17)(C)),  or  qualifying
 6    cogeneration  facilities,  as  defined in Section 3(18)(B) of
 7    the Federal Power Act  (16  U.S.C.  796(18)(B)),  which  burn
 8    homogeneous  waste  (such  as  units which burn tires or used
 9    oil,  but  not  including  refuse-derived   fuel)   for   the
10    production  of  electric  energy or in the case of qualifying
11    cogeneration facilities which burn homogeneous waste for  the
12    production  of  electric  energy and steam or forms of useful
13    energy  (such  as  heat)  which  are  used  for   industrial,
14    commercial,  heating  or cooling purposes, or (C) air curtain
15    incinerators provided that such incinerators only  burn  wood
16    wastes, yard waste and clean lumber and that such air curtain
17    incinerators   comply   with   opacity   limitations   to  be
18    established by the USEPA by rule.
19        "Source" means any stationary source  (or  any  group  of
20    stationary   sources)   that  are  located  on  one  or  more
21    contiguous or  adjacent  properties  that  are  under  common
22    control  of the same person (or persons under common control)
23    and that belongs to a single major industrial grouping.   For
24    the  purposes  of  defining  "source," a stationary source or
25    group of stationary sources shall be  considered  part  of  a
26    single  major  industrial  grouping  if  all of the pollutant
27    emitting activities  at  such  source  or  group  of  sources
28    located on contiguous or adjacent properties and under common
29    control  belong  to  the same Major Group (i.e., all have the
30    same two-digit code) as described in the Standard  Industrial
31    Classification  Manual,  1987,  or  such  pollutant  emitting
32    activities  at  a  stationary  source (or group of stationary
33    sources) located on contiguous  or  adjacent  properties  and
34    under  common  control  constitute  a  support facility.  The
 
                            -10-     LRB093 02591 EFG 12625 a
 1    determination as to whether any group of  stationary  sources
 2    are  located on contiguous or adjacent properties, and/or are
 3    under common control, and/or whether the  pollutant  emitting
 4    activities  at  such group of stationary sources constitute a
 5    support facility shall be made on a case by case basis.
 6        "Stationary  source"  means  any   building,   structure,
 7    facility,   or  installation  that  emits  or  may  emit  any
 8    regulated air pollutant or any pollutant listed under Section
 9    112(b) of the Clean Air Act.
10        "Support facility" means any stationary source (or  group
11    of  stationary  sources)  that  conveys, stores, or otherwise
12    assists to a  significant  extent  in  the  production  of  a
13    principal  product  at another stationary source (or group of
14    stationary sources).  A support facility shall be  considered
15    to  be  part  of the same source as the stationary source (or
16    group of stationary sources) that it supports  regardless  of
17    the  2-digit  Standard Industrial Classification code for the
18    support facility.
19        "USEPA" means the  Administrator  of  the  United  States
20    Environmental   Protection   Agency   (USEPA)   or  a  person
21    designated by the Administrator.

22        1.1.  Exclusion From the CAAPP.
23             a.  An  owner  or  operator  of   a   source   which
24        determines  that  the  source  could be excluded from the
25        CAAPP may seek such exclusion prior to the date that  the
26        CAAPP  application  for  the source is due but in no case
27        later than 9 months after the effective date of the CAAPP
28        through   the   imposition   of   federally   enforceable
29        conditions limiting the "potential to emit" of the source
30        to a level below the  major  source  threshold  for  that
31        source  as  described  in paragraph 2(c) of this Section,
32        within  a  State  operating  permit  issued  pursuant  to
33        Section 39(a) of this Act. After such date, an  exclusion
34        from the CAAPP may be sought under paragraph 3(c) of this
 
                            -11-     LRB093 02591 EFG 12625 a
 1        Section.
 2             b.  An   owner  or  operator  of  a  source  seeking
 3        exclusion from the CAAPP pursuant  to  paragraph  (a)  of
 4        this   subsection   must   submit  a  permit  application
 5        consistent with the existing State permit  program  which
 6        specifically   requests   such   exclusion   through  the
 7        imposition of such federally enforceable conditions.
 8             c.  Upon such request, if the Agency determines that
 9        the  owner  or  operator  of  a  source   has   met   the
10        requirements  for  exclusion pursuant to paragraph (a) of
11        this subsection and  other  applicable  requirements  for
12        permit  issuance  under  Section  39(a)  of this Act, the
13        Agency shall issue a  State  operating  permit  for  such
14        source  under  Section 39(a) of this Act, as amended, and
15        regulations   promulgated   thereunder   with   federally
16        enforceable conditions limiting the "potential  to  emit"
17        of the source to a level below the major source threshold
18        for  that  source  as described in paragraph 2(c) of this
19        Section.
20             d.  The Agency shall provide an owner or operator of
21        a source which may be excluded from the CAAPP pursuant to
22        this subsection with reasonable notice that the owner  or
23        operator may seek such exclusion.
24             e.  The  Agency  shall provide such sources with the
25        necessary permit application forms.

26        2.  Applicability.
27             a.  Sources subject to this Section shall include:
28                  i.  Any major source as  defined  in  paragraph
29             (c) of this subsection.
30                  ii.  Any  source subject to a standard or other
31             requirements  promulgated  under  Section  111  (New
32             Source  Performance  Standards)   or   Section   112
33             (Hazardous  Air  Pollutants)  of  the Clean Air Act,
34             except that a source is not  required  to  obtain  a
 
                            -12-     LRB093 02591 EFG 12625 a
 1             permit  solely  because it is subject to regulations
 2             or requirements under Section 112(r)  of  the  Clean
 3             Air Act.
 4                  iii.  Any  affected source for acid deposition,
 5             as defined in subsection 1 of this Section.
 6                  iv.  Any other source subject to  this  Section
 7             under  the  Clean Air Act or regulations promulgated
 8             thereunder, or applicable Board regulations.
 9             b.  Sources  exempted  from   this   Section   shall
10        include:
11                  i.  All sources listed in paragraph (a) of this
12             subsection  which  are  not  major sources, affected
13             sources  for  acid   deposition   or   solid   waste
14             incineration  units  required  to  obtain  a  permit
15             pursuant  to  Section  129(e)  of the Clean Air Act,
16             until the source  is  required  to  obtain  a  CAAPP
17             permit  pursuant to the Clean Air Act or regulations
18             promulgated thereunder.
19                  ii.  Nonmajor sources subject to a standard  or
20             other requirements subsequently promulgated by USEPA
21             under  Section 111 or 112 of the Clean Air Act which
22             are determined by USEPA to be exempt at the  time  a
23             new standard is promulgated.
24                  iii.  All  sources  and  source categories that
25             would be required to obtain a permit solely  because
26             they are subject to Part 60, Subpart AAA - Standards
27             of  Performance for New Residential Wood Heaters (40
28             CFR Part 60).
29                  iv.  All sources  and  source  categories  that
30             would  be required to obtain a permit solely because
31             they are subject to Part 61, Subpart  M  -  National
32             Emission  Standard  for Hazardous Air Pollutants for
33             Asbestos, Section 61.145 (40 CFR Part 61).
34                  v.  Any other  source  categories  exempted  by
 
                            -13-     LRB093 02591 EFG 12625 a
 1             USEPA  regulations pursuant to Section 502(a) of the
 2             Clean Air Act.
 3             c.  For purposes of this  Section  the  term  "major
 4        source" means any source that is:
 5                  i.  A  major  source  under  Section 112 of the
 6             Clean Air Act, which is defined as:
 7                       A.  For     pollutants     other      than
 8                  radionuclides,  any  stationary source or group
 9                  of  stationary   sources   located   within   a
10                  contiguous  area  and under common control that
11                  emits or has the  potential  to  emit,  in  the
12                  aggregate,  10  tons  per year (tpy) or more of
13                  any hazardous  air  pollutant  which  has  been
14                  listed  pursuant to Section 112(b) of the Clean
15                  Air Act, 25 tpy or more of any  combination  of
16                  such  hazardous  air pollutants, or such lesser
17                  quantity  as  USEPA  may  establish  by   rule.
18                  Notwithstanding    the    preceding   sentence,
19                  emissions from any oil or  gas  exploration  or
20                  production well (with its associated equipment)
21                  and  emissions  from any pipeline compressor or
22                  pump  station  shall  not  be  aggregated  with
23                  emissions from other similar units, whether  or
24                  not  such  units  are  in  a contiguous area or
25                  under common control, to determine whether such
26                  stations are major sources.
27                       B.  For  radionuclides,   "major   source"
28                  shall  have  the meaning specified by the USEPA
29                  by rule.
30                  ii.  A   major   stationary   source   of   air
31             pollutants, as defined in Section 302 of  the  Clean
32             Air Act, that directly emits or has the potential to
33             emit,   100   tpy  or  more  of  any  air  pollutant
34             (including any major source of fugitive emissions of
 
                            -14-     LRB093 02591 EFG 12625 a
 1             any such pollutant, as determined by rule by USEPA).
 2             For   purposes   of   this   subsection,   "fugitive
 3             emissions" means those  emissions  which  could  not
 4             reasonably  pass  through a stack, chimney, vent, or
 5             other functionally-equivalent opening.  The fugitive
 6             emissions  of  a  stationary  source  shall  not  be
 7             considered in determining  whether  it  is  a  major
 8             stationary source for the purposes of Section 302(j)
 9             of  the  Clean Air Act, unless the source belongs to
10             one  of  the  following  categories  of   stationary
11             source:
12                       A.  Coal  cleaning  plants  (with  thermal
13                  dryers).
14                       B.  Kraft pulp mills.
15                       C.  Portland cement plants.
16                       D.  Primary zinc smelters.
17                       E.  Iron and steel mills.
18                       F.  Primary aluminum ore reduction plants.
19                       G.  Primary copper smelters.
20                       H.  Municipal   incinerators   capable  of
21                  charging more than 250 tons of refuse per day.
22                       I.  Hydrofluoric, sulfuric, or nitric acid
23                  plants.
24                       J.  Petroleum refineries.
25                       K.  Lime plants.
26                       L.  Phosphate rock processing plants.
27                       M.  Coke oven batteries.
28                       N.  Sulfur recovery plants.
29                       O.  Carbon black plants (furnace process).
30                       P.  Primary lead smelters.
31                       Q.  Fuel conversion plants.
32                       R.  Sintering plants.
33                       S.  Secondary metal production plants.
34                       T.  Chemical process plants.
 
                            -15-     LRB093 02591 EFG 12625 a
 1                       U.  Fossil-fuel  boilers  (or  combination
 2                  thereof) totaling more than 250 million British
 3                  thermal units per hour heat input.
 4                       V.  Petroleum storage and  transfer  units
 5                  with a total storage capacity exceeding 300,000
 6                  barrels.
 7                       W.  Taconite ore processing plants.
 8                       X.  Glass fiber processing plants.
 9                       Y.  Charcoal production plants.
10                       Z.  Fossil   fuel-fired   steam   electric
11                  plants of more than 250 million British thermal
12                  units per hour heat input.
13                       AA.  All     other    stationary    source
14                  categories, which as  of  August  7,  1980  are
15                  being regulated by a standard promulgated under
16                  Section  111  or  112 of the Clean Air Act, but
17                  only with respect to those air pollutants  that
18                  have been regulated for that category.
19                       BB.  Any  other stationary source category
20                  designated by USEPA by rule.
21                  iii.  A major stationary source as  defined  in
22             part D of Title I of the Clean Air Act including:
23                       A.  For ozone nonattainment areas, sources
24                  with the potential to emit 100 tons or more per
25                  year of volatile organic compounds or oxides of
26                  nitrogen  in  areas classified as "marginal" or
27                  "moderate", 50 tons or more per year  in  areas
28                  classified  as  "serious",  25 tons or more per
29                  year in areas classified as  "severe",  and  10
30                  tons  or  more  per year in areas classified as
31                  "extreme"; except that the references  in  this
32                  clause  to 100, 50, 25, and 10 tons per year of
33                  nitrogen oxides shall not apply with respect to
34                  any source for which USEPA has made a  finding,
 
                            -16-     LRB093 02591 EFG 12625 a
 1                  under Section 182(f)(1) or (2) of the Clean Air
 2                  Act,  that requirements otherwise applicable to
 3                  such source under Section 182(f) of  the  Clean
 4                  Air  Act  do  not  apply.   Such  sources shall
 5                  remain subject to the major source criteria  of
 6                  paragraph 2(c)(ii) of this subsection.
 7                       B.  For     ozone     transport    regions
 8                  established pursuant  to  Section  184  of  the
 9                  Clean  Air  Act,  sources with the potential to
10                  emit 50 tons  or  more  per  year  of  volatile
11                  organic compounds (VOCs).
12                       C.  For   carbon   monoxide  nonattainment
13                  areas (1) that are classified as "serious", and
14                  (2)  in  which  stationary  sources  contribute
15                  significantly  to  carbon  monoxide  levels  as
16                  determined under rules issued by USEPA, sources
17                  with the potential to emit 50 tons or more  per
18                  year of carbon monoxide.
19                       D.  For    particulate    matter   (PM-10)
20                  nonattainment areas  classified  as  "serious",
21                  sources  with  the potential to emit 70 tons or
22                  more per year of PM-10.

23        3.  Agency Authority To Issue CAAPP Permits and Federally
24    Enforceable State Operating Permits.
25             a.  The Agency shall issue CAAPP permits under  this
26        Section consistent with the Clean Air Act and regulations
27        promulgated  thereunder  and  this  Act  and  regulations
28        promulgated thereunder.
29             b.  The  Agency  shall issue CAAPP permits for fixed
30        terms of 5 years, except CAAPP permits issued  for  solid
31        waste incineration units combusting municipal waste which
32        shall  be  issued  for fixed terms of 12 years and except
33        CAAPP permits for affected sources  for  acid  deposition
34        which  shall  be  issued  for  initial terms to expire on
 
                            -17-     LRB093 02591 EFG 12625 a
 1        December 31,  1999,  and  for  fixed  terms  of  5  years
 2        thereafter.
 3             c.  The  Agency  shall have the authority to issue a
 4        State operating permit for a source under  Section  39(a)
 5        of  this  Act,  as  amended,  and regulations promulgated
 6        thereunder,   which   includes   federally    enforceable
 7        conditions limiting the "potential to emit" of the source
 8        to  a  level  below  the  major source threshold for that
 9        source as described in paragraph 2(c)  of  this  Section,
10        thereby   excluding  the  source  from  the  CAAPP,  when
11        requested by the applicant pursuant to paragraph 5(u)  of
12        this  Section.   The  public  notice requirements of this
13        Section applicable to CAAPP permits shall also  apply  to
14        the initial issuance of permits under this paragraph.
15             d.  For  purposes  of  this  Act, a permit issued by
16        USEPA under Section 505 of the Clean Air Act, as now  and
17        hereafter  amended, shall be deemed to be a permit issued
18        by the Agency pursuant to Section 39.5 of this Act.

19        4.  Transition.
20             a.  An owner or operator of a CAAPP source shall not
21        be required to renew an existing State  operating  permit
22        for  any  emission unit at such CAAPP source once a CAAPP
23        application timely submitted prior to expiration  of  the
24        State  operating  permit  has  been  deemed complete. For
25        purposes other than permit renewal, the  obligation  upon
26        the owner or operator of a CAAPP source to obtain a State
27        operating  permit  is  not  removed upon submittal of the
28        complete CAAPP permit application.  An owner or  operator
29        of  a  CAAPP  source  seeking to make a modification to a
30        source prior to the issuance of its CAAPP permit shall be
31        required to obtain a construction and/or operating permit
32        as required for such modification in accordance with  the
33        State  permit program under Section 39(a) of this Act, as
34        amended, and  regulations  promulgated  thereunder.   The
 
                            -18-     LRB093 02591 EFG 12625 a
 1        application for such construction and/or operating permit
 2        shall be considered an amendment to the CAAPP application
 3        submitted for such source.
 4             b.  An  owner  or  operator  of a CAAPP source shall
 5        continue to operate in  accordance  with  the  terms  and
 6        conditions  of  its  applicable  State  operating  permit
 7        notwithstanding  the  expiration  of  the State operating
 8        permit until the source's CAAPP permit has been issued.
 9             c.  An owner or operator of  a  CAAPP  source  shall
10        submit  its  initial  CAAPP  application to the Agency no
11        later than 12 months after  the  effective  date  of  the
12        CAAPP.  The Agency may request submittal of initial CAAPP
13        applications  during  this 12 month period according to a
14        schedule set forth within Agency procedures, however,  in
15        no  event shall the Agency require such submittal earlier
16        than 3 months after such effective date of the CAAPP.  An
17        owner or operator  may  voluntarily  submit  its  initial
18        CAAPP  application prior to the date required within this
19        paragraph or applicable procedures, if any, subsequent to
20        the date the  Agency  submits  the  CAAPP  to  USEPA  for
21        approval.
22             d.  The   Agency   shall   act   on   initial  CAAPP
23        applications in accordance with subsection 5(j)  of  this
24        Section.
25             e.  For  purposes of this Section, the term "initial
26        CAAPP application" shall mean the first CAAPP application
27        submitted for a source existing as of the effective  date
28        of the CAAPP.
29             f.  The  Agency shall provide owners or operators of
30        CAAPP sources with at least three months  advance  notice
31        of  the  date on which their applications are required to
32        be submitted.  In  determining  which  sources  shall  be
33        subject  to  early  submittal,  the  Agency shall include
34        among its considerations the  complexity  of  the  permit
 
                            -19-     LRB093 02591 EFG 12625 a
 1        application,  and  the  burden  that such early submittal
 2        will have on the source.
 3             g.  The CAAPP permit shall upon  becoming  effective
 4        supersede the State operating permit.
 5             h.  The  Agency  shall  have  the authority to adopt
 6        procedural  rules,  in  accordance  with   the   Illinois
 7        Administrative   Procedure   Act,  as  the  Agency  deems
 8        necessary, to implement this subsection.

 9        5.  Applications and Completeness.
10             a.  An owner or operator of  a  CAAPP  source  shall
11        submit its complete CAAPP application consistent with the
12        Act and applicable regulations.
13             b.  An  owner  or  operator  of a CAAPP source shall
14        submit a single complete CAAPP application  covering  all
15        emission units at that source.
16             c.  To  be deemed complete, a CAAPP application must
17        provide  all  information,   as   requested   in   Agency
18        application  forms,  sufficient  to  evaluate the subject
19        source  and  its  application  and   to   determine   all
20        applicable  requirements,  pursuant to the Clean Air Act,
21        and regulations  thereunder,  this  Act  and  regulations
22        thereunder.   Such  Agency  application  forms  shall  be
23        finalized  and  made available prior to the date on which
24        any CAAPP application is required.
25             d.  An owner or operator of  a  CAAPP  source  shall
26        submit,  as  part  of  its  complete CAAPP application, a
27        compliance plan,  including  a  schedule  of  compliance,
28        describing  how  each  emission unit will comply with all
29        applicable requirements.  Any such schedule of compliance
30        shall  be  supplemental  to,  and  shall   not   sanction
31        noncompliance  with, the applicable requirements on which
32        it is based.
33             e.  Each  submitted  CAAPP  application   shall   be
34        certified  for  truth,  accuracy,  and  completeness by a
 
                            -20-     LRB093 02591 EFG 12625 a
 1        responsible  official  in  accordance   with   applicable
 2        regulations.
 3             f.  The  Agency  shall  provide  notice  to  a CAAPP
 4        applicant as to whether a submitted CAAPP application  is
 5        complete.   Unless  the  Agency notifies the applicant of
 6        incompleteness, within 60 days of receipt  of  the  CAAPP
 7        application,  the  application  shall be deemed complete.
 8        The Agency may request additional information  as  needed
 9        to  make  the completeness determination.  The Agency may
10        to the extent practicable provide the  applicant  with  a
11        reasonable opportunity to correct deficiencies prior to a
12        final determination of completeness.
13             g.  If  after  the determination of completeness the
14        Agency finds that additional information is necessary  to
15        evaluate  or  take final action on the CAAPP application,
16        the Agency may request in writing such  information  from
17        the source with a reasonable deadline for response.
18             h.  If  the  owner  or  operator  of  a CAAPP source
19        submits a timely  and  complete  CAAPP  application,  the
20        source's  failure  to  have a CAAPP permit shall not be a
21        violation of this Section until the  Agency  takes  final
22        action  on  the  submitted  CAAPP  application, provided,
23        however,  where  the  applicant  fails  to   submit   the
24        requested  information  under  paragraph  5(g) within the
25        time frame specified by the Agency, this protection shall
26        cease to apply.
27             i.  Any applicant who fails to submit  any  relevant
28        facts  necessary  to  evaluate the subject source and its
29        CAAPP  application  or  who   has   submitted   incorrect
30        information  in  a CAAPP application shall, upon becoming
31        aware of such  failure  or  incorrect  submittal,  submit
32        supplementary facts or correct information to the Agency.
33        In  addition,  an  applicant  shall provide to the Agency
34        additional  information  as  necessary  to  address   any
 
                            -21-     LRB093 02591 EFG 12625 a
 1        requirements   which  become  applicable  to  the  source
 2        subsequent  to  the  date  the  applicant  submitted  its
 3        complete CAAPP application but prior to  release  of  the
 4        draft CAAPP permit.
 5             j.  The  Agency shall issue or deny the CAAPP permit
 6        within 18  months  after  the  date  of  receipt  of  the
 7        complete    CAAPP   application,   with   the   following
 8        exceptions:  (i) permits for affected  sources  for  acid
 9        deposition  shall  be  issued  or  denied within 6 months
10        after receipt of a  complete  application  in  accordance
11        with subsection 17 of this Section; (ii) the Agency shall
12        act  on initial CAAPP applications within 24 months after
13        the date of receipt of the  complete  CAAPP  application;
14        (iii)  the  Agency  shall  act  on  complete applications
15        containing early reduction demonstrations  under  Section
16        112(i)(5) of the Clean Air Act within 9 months of receipt
17        of the complete CAAPP application.
18             Where  the  Agency does not take final action on the
19        permit within the required time period, the permit  shall
20        not be deemed issued; rather, the failure to act shall be
21        treated as a final permit action for purposes of judicial
22        review pursuant to Sections 40.2 and 41 of this Act.
23             k.  The  submittal  of  a complete CAAPP application
24        shall not affect the requirement that any source  have  a
25        preconstruction  permit  under  Title  I of the Clean Air
26        Act.
27             l.  Unless a timely and complete renewal application
28        has been submitted consistent  with  this  subsection,  a
29        CAAPP  source  operating upon the expiration of its CAAPP
30        permit shall be deemed to be operating  without  a  CAAPP
31        permit.  Such operation is prohibited under this Act.
32             m.  Permits  being  renewed  shall be subject to the
33        same procedural requirements, including those for  public
34        participation  and  federal  review  and  objection, that
 
                            -22-     LRB093 02591 EFG 12625 a
 1        apply to original permit issuance.
 2             n.  For  purposes  of  permit  renewal,   a   timely
 3        application  is  one  that  is  submitted  no less than 9
 4        months prior to the date of permit expiration.
 5             o.  The terms and conditions of a CAAPP permit shall
 6        remain in effect until the issuance of  a  CAAPP  renewal
 7        permit  provided  a timely and complete CAAPP application
 8        has been submitted.
 9             p.  The owner or operator of a CAAPP source  seeking
10        a  permit  shield  pursuant  to  paragraph  7(j)  of this
11        Section shall request such permit  shield  in  the  CAAPP
12        application regarding that source.
13             q.  The  Agency  shall  make available to the public
14        all documents submitted by the applicant to  the  Agency,
15        including   each   CAAPP   application,  compliance  plan
16        (including the schedule of compliance), and emissions  or
17        compliance  monitoring  report,  with  the  exception  of
18        information  entitled  to confidential treatment pursuant
19        to Section 7 of this Act.
20             r.  The Agency  shall  use  the  standardized  forms
21        required  under  Title  IV  of  the  Clean  Air  Act  and
22        regulations  promulgated  thereunder for affected sources
23        for acid deposition.
24             s.  An owner or  operator  of  a  CAAPP  source  may
25        include  within  its  CAAPP  application  a  request  for
26        permission  to  operate during a startup, malfunction, or
27        breakdown consistent with applicable Board regulations.
28             t.  An owner or operator of a CAAPP source, in order
29        to utilize the  operational  flexibility  provided  under
30        paragraph 7(l) of this Section, must request such use and
31        provide   the  necessary  information  within  its  CAAPP
32        application.
33             u.  An owner or operator of  a  CAAPP  source  which
34        seeks  exclusion from the CAAPP through the imposition of
 
                            -23-     LRB093 02591 EFG 12625 a
 1        federally enforceable conditions, pursuant  to  paragraph
 2        3(c)  of this Section, must request such exclusion within
 3        a  CAAPP  application  submitted  consistent  with   this
 4        subsection   on   or   after  the  date  that  the  CAAPP
 5        application for the source is due. Prior  to  such  date,
 6        but  in  no  case later than 9 months after the effective
 7        date of the CAAPP, such owner or operator may request the
 8        imposition of federally enforceable  conditions  pursuant
 9        to paragraph 1.1(b) of this Section.
10             v.  CAAPP   applications   shall   contain  accurate
11        information on allowable emissions to implement  the  fee
12        provisions of subsection 18 of this Section.
13             w.  An  owner  or  operator  of a CAAPP source shall
14        submit within its CAAPP application emissions information
15        regarding all regulated air pollutants  emitted  at  that
16        source  consistent  with  applicable  Agency  procedures.
17        Emissions  information regarding insignificant activities
18        or emission levels, as determined by the Agency  pursuant
19        to  Board  regulations, may be submitted as a list within
20        the  CAAPP  application.   The   Agency   shall   propose
21        regulations   to   the   Board   defining   insignificant
22        activities  or  emission  levels, consistent with federal
23        regulations, if any, no later than 18  months  after  the
24        effective date of this amendatory Act of 1992, consistent
25        with  Section  112(n)(1) of the Clean Air Act.  The Board
26        shall  adopt  final  regulations  defining  insignificant
27        activities or emission levels  no  later  than  9  months
28        after the date of the Agency's proposal.
29             x.  The  owner  or  operator  of  a new CAAPP source
30        shall submit its complete  CAAPP  application  consistent
31        with  this  subsection  within 12 months after commencing
32        operation of such source. The owner  or  operator  of  an
33        existing   source   that   has  been  excluded  from  the
34        provisions  of  this  Section  under  subsection  1.1  or
 
                            -24-     LRB093 02591 EFG 12625 a
 1        subsection 3(c) of this Section and that becomes  subject
 2        to  the  CAAPP solely due to a change in operation at the
 3        source  shall  submit  its  complete  CAAPP   application
 4        consistent  with this subsection at least 180 days before
 5        commencing operation in accordance  with  the  change  in
 6        operation.
 7             y.  The  Agency  shall  have  the authority to adopt
 8        procedural  rules,  in  accordance  with   the   Illinois
 9        Administrative   Procedure   Act,  as  the  Agency  deems
10        necessary to implement this subsection.

11        6.  Prohibitions.
12             a.  It shall be unlawful for any person  to  violate
13        any  terms  or  conditions  of a permit issued under this
14        Section, to operate any CAAPP source except in compliance
15        with a permit issued by the Agency under this Section  or
16        to  violate any other applicable requirements.  All terms
17        and conditions of a permit issued under this Section  are
18        enforceable  by  USEPA  and  citizens under the Clean Air
19        Act,  except  those,  if  any,  that   are   specifically
20        designated  as  not  being  federally  enforceable in the
21        permit pursuant to paragraph 7(m) of this Section.
22             b.  After the applicable  CAAPP  permit  or  renewal
23        application  submittal date, as specified in subsection 5
24        of this Section, no person shall operate a  CAAPP  source
25        without  a  CAAPP permit unless the complete CAAPP permit
26        or renewal application for such source  has  been  timely
27        submitted to the Agency.
28             c.  No  owner  or  operator  of a CAAPP source shall
29        cause or threaten or allow the continued operation of  an
30        emission  source  during  malfunction or breakdown of the
31        emission  source  or  related   air   pollution   control
32        equipment  if  such  operation would cause a violation of
33        the standards or limitations applicable  to  the  source,
34        unless  the  CAAPP  permit granted to the source provides
 
                            -25-     LRB093 02591 EFG 12625 a
 1        for  such  operation  consistent  with   this   Act   and
 2        applicable Board regulations.

 3        7.  Permit Content.
 4             a.  All   CAAPP   permits   shall  contain  emission
 5        limitations and standards and other enforceable terms and
 6        conditions, including  but  not  limited  to  operational
 7        requirements,  and  schedules for achieving compliance at
 8        the earliest  reasonable  date,  which  are  or  will  be
 9        required  to  accomplish  the  purposes and provisions of
10        this Act and to assure  compliance  with  all  applicable
11        requirements.
12             b.  The  Agency  shall include among such conditions
13        applicable  monitoring,  reporting,  record  keeping  and
14        compliance certification requirements, as  authorized  by
15        paragraphs  d,  e,  and  f  of  this subsection, that the
16        Agency deems necessary  to  assure  compliance  with  the
17        Clean  Air  Act,  the regulations promulgated thereunder,
18        this  Act,  and  applicable  Board   regulations.    When
19        monitoring,  reporting,  record  keeping,  and compliance
20        certification requirements are specified within the Clean
21        Air Act, regulations promulgated thereunder, this Act, or
22        applicable  regulations,  such  requirements   shall   be
23        included  within  the CAAPP permit.  The Board shall have
24        authority  to  promulgate  additional  regulations  where
25        necessary to accomplish the purposes  of  the  Clean  Air
26        Act, this Act, and regulations promulgated thereunder.
27             c.  The Agency shall assure, within such conditions,
28        the use of terms, test methods, units, averaging periods,
29        and  other  statistical  conventions  consistent with the
30        applicable emission  limitations,  standards,  and  other
31        requirements contained in the permit.
32             d.  To meet the requirements of this subsection with
33        respect to monitoring, the permit shall:
34                  i.  Incorporate  and  identify  all  applicable
 
                            -26-     LRB093 02591 EFG 12625 a
 1             emissions monitoring and analysis procedures or test
 2             methods   required   under   the   Clean   Air  Act,
 3             regulations promulgated thereunder,  this  Act,  and
 4             applicable    Board   regulations,   including   any
 5             procedures and methods promulgated by USEPA pursuant
 6             to Section 504(b) or Section 114 (a)(3) of the Clean
 7             Air Act.
 8                  ii.  Where the applicable requirement does  not
 9             require   periodic   testing   or   instrumental  or
10             noninstrumental monitoring  (which  may  consist  of
11             recordkeeping  designed  to  serve  as  monitoring),
12             require  periodic  monitoring  sufficient  to  yield
13             reliable  data from the relevant time period that is
14             representative of the source's compliance  with  the
15             permit,  as  reported  pursuant  to paragraph (f) of
16             this  subsection.  The  Agency  may  determine  that
17             recordkeeping requirements are  sufficient  to  meet
18             the requirements of this subparagraph.
19                  iii.  As    necessary,   specify   requirements
20             concerning   the   use,   maintenance,   and    when
21             appropriate, installation of monitoring equipment or
22             methods.
23             e.  To meet the requirements of this subsection with
24        respect  to  record keeping, the permit shall incorporate
25        and identify all  applicable  recordkeeping  requirements
26        and require, where applicable, the following:
27                  i.  Records  of required monitoring information
28             that include the following:
29                       A.  The date, place and time  of  sampling
30                  or measurements.
31                       B.  The date(s) analyses were performed.
32                       C.  The  company  or entity that performed
33                  the analyses.
34                       D.  The analytical techniques  or  methods
 
                            -27-     LRB093 02591 EFG 12625 a
 1                  used.
 2                       E.  The results of such analyses.
 3                       F.  The  operating  conditions as existing
 4                  at the time of sampling or measurement.
 5                  ii.    Retention of records of  all  monitoring
 6             data  and  support  information  for  a period of at
 7             least 5  years  from  the  date  of  the  monitoring
 8             sample,   measurement,   report,   or   application.
 9             Support  information  includes  all  calibration and
10             maintenance records, original strip-chart recordings
11             for  continuous  monitoring   instrumentation,   and
12             copies of all reports required by the permit.
13             f.  To meet the requirements of this subsection with
14        respect  to  reporting,  the permit shall incorporate and
15        identify  all  applicable  reporting   requirements   and
16        require the following:
17                  i.  Submittal   of   reports  of  any  required
18             monitoring every 6 months.  More frequent submittals
19             may be requested by the Agency  if  such  submittals
20             are  necessary to assure compliance with this Act or
21             regulations promulgated  by  the  Board  thereunder.
22             All instances of deviations from permit requirements
23             must  be  clearly  identified  in such reports.  All
24             required reports must be certified by a  responsible
25             official   consistent  with  subsection  5  of  this
26             Section.
27                  ii.  Prompt reporting of deviations from permit
28             requirements, including those attributable to  upset
29             conditions  as  defined  in the permit, the probable
30             cause of such deviations, and any corrective actions
31             or preventive measures taken.
32             g.  Each CAAPP permit issued under subsection 10  of
33        this   Section  shall  include  a  condition  prohibiting
34        emissions  exceeding  any  allowances  that  the   source
 
                            -28-     LRB093 02591 EFG 12625 a
 1        lawfully holds under Title IV of the Clean Air Act or the
 2        regulations   promulgated   thereunder,  consistent  with
 3        subsection 17 of this Section and applicable regulations,
 4        if any.
 5             h.  All  CAAPP  permits  shall  state  that,   where
 6        another  applicable  requirement  of the Clean Air Act is
 7        more  stringent  than  any  applicable   requirement   of
 8        regulations  promulgated  under Title IV of the Clean Air
 9        Act, both  provisions  shall  be  incorporated  into  the
10        permit and shall be State and federally enforceable.
11             i.  Each  CAAPP permit issued under subsection 10 of
12        this Section  shall  include  a  severability  clause  to
13        ensure  the  continued  validity  of  the  various permit
14        requirements in the event of a challenge to any  portions
15        of the permit.
16             j.  The following shall apply with respect to owners
17        or operators requesting a permit shield:
18                  i.  The Agency shall include in a CAAPP permit,
19             when requested by an applicant pursuant to paragraph
20             5(p)  of  this  Section,  a  provision  stating that
21             compliance with the conditions of the  permit  shall
22             be  deemed  compliance  with applicable requirements
23             which are applicable as of the date  of  release  of
24             the proposed permit, provided that:
25                       A.  The    applicable    requirement    is
26                  specifically identified within the permit; or
27                       B.  The  Agency  in  acting  on  the CAAPP
28                  application or revision determines  in  writing
29                  that other requirements specifically identified
30                  are  not  applicable  to  the  source,  and the
31                  permit includes that determination or a concise
32                  summary thereof.
33                  ii.  The permit shall identify the requirements
34             for which the source is shielded.  The shield  shall
 
                            -29-     LRB093 02591 EFG 12625 a
 1             not  extend  to  applicable  requirements  which are
 2             promulgated  after  the  date  of  release  of   the
 3             proposed  permit unless the permit has been modified
 4             to reflect such new requirements.
 5                  iii.  A CAAPP permit which does  not  expressly
 6             indicate  the existence of a permit shield shall not
 7             provide such a shield.
 8                  iv.  Nothing in this paragraph or  in  a  CAAPP
 9             permit shall alter or affect the following:
10                       A.  The    provisions   of   Section   303
11                  (emergency  powers)  of  the  Clean  Air   Act,
12                  including USEPA's authority under that section.
13                       B.  The  liability of an owner or operator
14                  of a source for  any  violation  of  applicable
15                  requirements  prior to or at the time of permit
16                  issuance.
17                       C.  The  applicable  requirements  of  the
18                  acid  rain  program  consistent  with   Section
19                  408(a) of the Clean Air Act.
20                       D.  The   ability   of   USEPA  to  obtain
21                  information from a source pursuant  to  Section
22                  114 (inspections, monitoring, and entry) of the
23                  Clean Air Act.
24             k.  Each  CAAPP  permit  shall  include an emergency
25        provision providing an affirmative defense  of  emergency
26        to    an    action   brought   for   noncompliance   with
27        technology-based  emission  limitations  under  a   CAAPP
28        permit  if  the  following  conditions  are  met  through
29        properly signed, contemporaneous operating logs, or other
30        relevant evidence:
31                  i.  An emergency occurred and the permittee can
32             identify the cause(s) of the emergency.
33                  ii.  The  permitted  facility  was  at the time
34             being properly operated.
 
                            -30-     LRB093 02591 EFG 12625 a
 1                  iii.  The permittee  submitted  notice  of  the
 2             emergency to the Agency within 2 working days of the
 3             time  when emission limitations were exceeded due to
 4             the emergency.  This notice must contain a  detailed
 5             description  of  the  emergency,  any steps taken to
 6             mitigate emissions, and corrective actions taken.
 7                  iv.  During the period  of  the  emergency  the
 8             permittee  took  all  reasonable  steps  to minimize
 9             levels  of  emissions  that  exceeded  the  emission
10             limitations,  standards,  or  requirements  in   the
11             permit.
12             For  purposes  of this subsection, "emergency" means
13        any  situation  arising  from   sudden   and   reasonably
14        unforeseeable  events  beyond  the control of the source,
15        such as an act of God, that requires immediate corrective
16        action to restore normal operation, and that  causes  the
17        source  to  exceed a technology-based emission limitation
18        under  the  permit,  due  to  unavoidable  increases   in
19        emissions  attributable  to  the emergency.  An emergency
20        shall not include noncompliance to the extent  caused  by
21        improperly   designed  equipment,  lack  of  preventative
22        maintenance, careless or improper operation, or operation
23        error.
24             In  any  enforcement   proceeding,   the   permittee
25        seeking  to  establish the occurrence of an emergency has
26        the burden of proof.  This provision is  in  addition  to
27        any   emergency  or  upset  provision  contained  in  any
28        applicable requirement.  This provision does not  relieve
29        a  permittee  of any reporting obligations under existing
30        federal or state laws or regulations.
31             l.  The Agency shall include in each  permit  issued
32        under subsection 10 of this Section:
33                  i.  Terms   and   conditions   for   reasonably
34             anticipated  operating  scenarios  identified by the
 
                            -31-     LRB093 02591 EFG 12625 a
 1             source in its application.   The  permit  terms  and
 2             conditions  for  each  such operating scenario shall
 3             meet   all   applicable   requirements    and    the
 4             requirements of this Section.
 5                       A.  Under  this  subparagraph,  the source
 6                  must record in a log at the permitted  facility
 7                  a  record  of  the  scenario  under which it is
 8                  operating  contemporaneously  with   making   a
 9                  change from one operating scenario to another.
10                       B.  The   permit   shield   described   in
11                  paragraph  7(j) of this Section shall extend to
12                  all  terms  and  conditions  under  each   such
13                  operating scenario.
14                  ii.  Where requested by an applicant, all terms
15             and  conditions  allowing  for  trading of emissions
16             increases and decreases between  different  emission
17             units  at  the  CAAPP source, to the extent that the
18             applicable requirements provide for trading of  such
19             emissions   increases   and   decreases   without  a
20             case-by-case approval of each emissions trade.  Such
21             terms and conditions:
22                       A.  Shall include all terms required under
23                  this subsection to determine compliance;
24                       B.  Must meet all applicable requirements;
25                       C.  Shall   extend   the   permit   shield
26                  described in paragraph 7(j) of this Section  to
27                  all   terms  and  conditions  that  allow  such
28                  increases and decreases in emissions.
29             m.  The Agency shall specifically designate  as  not
30        being  federally  enforceable under the Clean Air Act any
31        terms and conditions included in the permit that are  not
32        specifically  required under the Clean Air Act or federal
33        regulations promulgated thereunder. Terms  or  conditions
34        so  designated  shall  be subject to all applicable state
 
                            -32-     LRB093 02591 EFG 12625 a
 1        requirements, except the  requirements  of  subsection  7
 2        (other  than this paragraph, paragraph q of subsection 7,
 3        subsections 8 through 11, and subsections 13  through  16
 4        of  this Section. The Agency shall, however, include such
 5        terms and conditions in the CAAPP permit  issued  to  the
 6        source.
 7             n.  Each  CAAPP permit issued under subsection 10 of
 8        this Section shall specify and reference  the  origin  of
 9        and  authority  for  each term or condition, and identify
10        any difference in form  as  compared  to  the  applicable
11        requirement upon which the term or condition is based.
12             o.  Each  CAAPP permit issued under subsection 10 of
13        this  Section  shall  include  provisions   stating   the
14        following:
15                  i.  Duty  to comply.  The permittee must comply
16             with all terms and conditions of the  CAAPP  permit.
17             Any  permit noncompliance constitutes a violation of
18             the Clean Air Act and the Act, and  is  grounds  for
19             any  or  all  of the following:  enforcement action;
20             permit termination, revocation  and  reissuance,  or
21             modification;   or   denial   of  a  permit  renewal
22             application.
23                  ii.  Need to halt  or  reduce  activity  not  a
24             defense.   It shall not be a defense for a permittee
25             in an enforcement action that  it  would  have  been
26             necessary  to  halt or reduce the permitted activity
27             in order to maintain compliance with the  conditions
28             of this permit.
29                  iii.  Permit   actions.    The  permit  may  be
30             modified,  revoked,  reopened,  and   reissued,   or
31             terminated   for   cause   in  accordance  with  the
32             applicable subsections of Section 39.5 of this  Act.
33             The  filing  of  a  request  by  the permittee for a
34             permit modification, revocation and  reissuance,  or
 
                            -33-     LRB093 02591 EFG 12625 a
 1             termination, or of a notification of planned changes
 2             or  anticipated  noncompliance  does  not  stay  any
 3             permit condition.
 4                  iv.  Property  rights.   The  permit  does  not
 5             convey  any  property  rights  of  any  sort, or any
 6             exclusive privilege.
 7                  v.  Duty to provide information.  The permittee
 8             shall furnish to the Agency within a reasonable time
 9             specified by the Agency  any  information  that  the
10             Agency  may  request in writing to determine whether
11             cause exists for modifying, revoking and  reissuing,
12             or terminating the permit or to determine compliance
13             with  the permit.  Upon request, the permittee shall
14             also  furnish  to  the  Agency  copies  of   records
15             required   to   be   kept  by  the  permit  or,  for
16             information  claimed   to   be   confidential,   the
17             permittee may furnish such records directly to USEPA
18             along with a claim of confidentiality.
19                  vi.  Duty  to pay fees.  The permittee must pay
20             fees to the Agency consistent with the fee  schedule
21             approved  pursuant to subsection 18 of this Section,
22             and submit any information relevant thereto.
23                  vii.  Emissions trading.   No  permit  revision
24             shall be required for increases in emissions allowed
25             under  any  approved economic incentives, marketable
26             permits,  emissions  trading,  and   other   similar
27             programs  or processes for changes that are provided
28             for in the permit and that  are  authorized  by  the
29             applicable requirement.
30             p.  Each  CAAPP permit issued under subsection 10 of
31        this Section shall contain the  following  elements  with
32        respect to compliance:
33                  i.  Compliance      certification,     testing,
34             monitoring,   reporting,    and    record    keeping
 
                            -34-     LRB093 02591 EFG 12625 a
 1             requirements  sufficient  to  assure compliance with
 2             the  terms  and  conditions  of  the  permit.    Any
 3             document  (including  reports)  required  by a CAAPP
 4             permit  shall   contain   a   certification   by   a
 5             responsible  official that meets the requirements of
 6             subsection  5  of  this   Section   and   applicable
 7             regulations.
 8                  ii.  Inspection  and  entry  requirements  that
 9             necessitate  that,  upon presentation of credentials
10             and other documents as may be required by law and in
11             accordance  with  constitutional  limitations,   the
12             permittee  shall  allow the Agency, or an authorized
13             representative to perform the following:
14                       A.  Enter upon  the  permittee's  premises
15                  where    a   CAAPP   source   is   located   or
16                  emissions-related  activity  is  conducted,  or
17                  where records must be kept under the conditions
18                  of the permit.
19                       B.  Have access to and copy, at reasonable
20                  times, any records that must be kept under  the
21                  conditions of the permit.
22                       C.  Inspect   at   reasonable   times  any
23                  facilities, equipment (including monitoring and
24                  air pollution control equipment), practices, or
25                  operations  regulated  or  required  under  the
26                  permit.
27                       D.  Sample or monitor  any  substances  or
28                  parameters at any location:
29                            1.  As  authorized  by  the Clean Air
30                       Act, at reasonable times, for the purposes
31                       of  assuring  compliance  with  the  CAAPP
32                       permit or applicable requirements; or
33                            2.  As otherwise authorized  by  this
34                       Act.
 
                            -35-     LRB093 02591 EFG 12625 a
 1                  iii.  A  schedule of compliance consistent with
 2             subsection  5  of  this   Section   and   applicable
 3             regulations.
 4                  iv.  Progress   reports   consistent   with  an
 5             applicable  schedule  of  compliance   pursuant   to
 6             paragraph   5(d)  of  this  Section  and  applicable
 7             regulations to be submitted  semiannually,  or  more
 8             frequently  if  the Agency determines that such more
 9             frequent submittals  are  necessary  for  compliance
10             with the Act or regulations promulgated by the Board
11             thereunder.  Such progress reports shall contain the
12             following:
13                       A.  Required   dates   for  achieving  the
14                  activities, milestones, or compliance  required
15                  by  the  schedule  of compliance and dates when
16                  such activities, milestones or compliance  were
17                  achieved.
18                       B.  An explanation of why any dates in the
19                  schedule  of compliance were not or will not be
20                  met, and any preventive or corrective  measures
21                  adopted.
22                  v.  Requirements  for  compliance certification
23             with terms and conditions contained in  the  permit,
24             including  emission  limitations, standards, or work
25             practices.   Permits  shall  include  each  of   the
26             following:
27                       A.  The   frequency   (annually   or  more
28                  frequently  as  specified  in  any   applicable
29                  requirement   or  by  the  Agency  pursuant  to
30                  written   procedures)   of    submissions    of
31                  compliance certifications.
32                       B.  A  means  for  assessing or monitoring
33                  the compliance of the source with its emissions
34                  limitations, standards, and work practices.
 
                            -36-     LRB093 02591 EFG 12625 a
 1                       C.  A  requirement  that  the   compliance
 2                  certification include the following:
 3                            1.  The  identification  of each term
 4                       or condition contained in the permit  that
 5                       is the basis of the certification.
 6                            2.  The compliance status.
 7                            3.  Whether compliance was continuous
 8                       or intermittent.
 9                            4.  The     method(s)     used    for
10                       determining the compliance status  of  the
11                       source,   both   currently  and  over  the
12                       reporting    period    consistent     with
13                       subsection 7 of Section 39.5 of the Act.
14                       D.  A   requirement  that  all  compliance
15                  certifications be submitted to USEPA as well as
16                  to the Agency.
17                       E.  Additional  requirements  as  may   be
18                  specified  pursuant  to  Sections 114(a)(3) and
19                  504(b) of the Clean Air Act.
20                       F.  Other provisions  as  the  Agency  may
21                  require.
22             q.  If  the  owner  or  operator of CAAPP source can
23        demonstrate  in  its  CAAPP  application,  including   an
24        application  for  a  significant  modification,  that  an
25        alternative  emission  limit  would be equivalent to that
26        contained in the applicable Board regulations, the Agency
27        shall include the alternative emission limit in the CAAPP
28        permit, which shall  supersede  the  emission  limit  set
29        forth  in  the  applicable  Board  regulations, and shall
30        include  conditions  that  insure  that   the   resulting
31        emission limit is quantifiable, accountable, enforceable,
32        and based on replicable procedures.
33        8.  Public Notice; Affected State Review.
34             a.  The  Agency  shall provide notice to the public,
 
                            -37-     LRB093 02591 EFG 12625 a
 1        including  an  opportunity  for  public  comment  and   a
 2        hearing, on each draft CAAPP permit for issuance, renewal
 3        or significant modification, subject to Sections 7(a) and
 4        7.1 of this Act.
 5             b.  The  Agency  shall  prepare a draft CAAPP permit
 6        and a statement that sets forth  the  legal  and  factual
 7        basis  for  the  draft CAAPP permit conditions, including
 8        references to  the  applicable  statutory  or  regulatory
 9        provisions.   The  Agency shall provide this statement to
10        any person who requests it.
11             c.  The Agency shall give notice of each draft CAAPP
12        permit to the applicant and to any affected State  on  or
13        before  the  time  that the Agency has provided notice to
14        the public, except as otherwise provided in this Act.
15             d.  The Agency,  as  part  of  its  submittal  of  a
16        proposed  permit  to  USEPA (or as soon as possible after
17        the submittal for minor  permit  modification  procedures
18        allowed  under  subsection  14  of  this  Section), shall
19        notify USEPA and any affected State  in  writing  of  any
20        refusal   of   the   Agency   to   accept   all   of  the
21        recommendations for the proposed permit that an  affected
22        State  submitted  during  the  public  or  affected State
23        review period.  The notice  shall  include  the  Agency's
24        reasons  for  not  accepting  the  recommendations.   The
25        Agency is not required to accept recommendations that are
26        not based on applicable requirements or the  requirements
27        of this Section.
28             e.  The  Agency  shall  make available to the public
29        any CAAPP permit application, compliance plan  (including
30        the  schedule of compliance), CAAPP permit, and emissions
31        or compliance monitoring report.  If an owner or operator
32        of a CAAPP  source  is  required  to  submit  information
33        entitled to protection from disclosure under Section 7(a)
34        or  Section  7.1 of this Act, the owner or operator shall
 
                            -38-     LRB093 02591 EFG 12625 a
 1        submit such information separately.  The requirements  of
 2        Section  7(a)  or  Section 7.1 of this Act shall apply to
 3        such information, which shall not be included in a  CAAPP
 4        permit  unless  required by law.  The contents of a CAAPP
 5        permit shall not be entitled to protection under  Section
 6        7(a) or Section 7.1 of this Act.
 7             f.  The  Agency  shall  have  the authority to adopt
 8        procedural  rules,  in  accordance  with   the   Illinois
 9        Administrative   Procedure   Act,  as  the  Agency  deems
10        necessary, to implement this subsection.

11        9.  USEPA Notice and Objection.
12             a.  The Agency shall provide to USEPA for its review
13        a  copy  of  each  CAAPP   application   (including   any
14        application  for permit modification), statement of basis
15        as provided in paragraph 8(b) of this  Section,  proposed
16        CAAPP  permit,  CAAPP permit, and, if the Agency does not
17        incorporate any affected  State's  recommendations  on  a
18        proposed  CAAPP  permit,  a  written  statement  of  this
19        decision   and   its   reasons   for  not  accepting  the
20        recommendations, except as otherwise provided in this Act
21        or by agreement with USEPA.  To the  extent  practicable,
22        the  preceding  information shall be provided in computer
23        readable format compatible with USEPA's national database
24        management system.
25             b.  The Agency shall not issue  the  proposed  CAAPP
26        permit  if  USEPA  objects  in  writing within 45 days of
27        receipt of the proposed CAAPP permit  and  all  necessary
28        supporting information.
29             c.  If  USEPA  objects in writing to the issuance of
30        the proposed CAAPP permit within the 45-day  period,  the
31        Agency  shall  respond  in  writing  and  may  revise and
32        resubmit the proposed CAAPP permit  in  response  to  the
33        stated  objection, to the extent supported by the record,
34        within 90 days after the date of the objection.  Prior to
 
                            -39-     LRB093 02591 EFG 12625 a
 1        submitting a revised permit to USEPA,  the  Agency  shall
 2        provide  the applicant and any person who participated in
 3        the public comment process, pursuant to subsection  8  of
 4        this  Section,  with  a  10-day  period to comment on any
 5        revision which the Agency is proposing  to  make  to  the
 6        permit  in  response  to  USEPA's objection in accordance
 7        with Agency procedures.
 8             d.  Any  USEPA  objection  under  this   subsection,
 9        according  to the Clean Air Act, will include a statement
10        of reasons for the objection and  a  description  of  the
11        terms and conditions that must be in the permit, in order
12        to  adequately  respond to the objections.  Grounds for a
13        USEPA objection include the failure  of  the  Agency  to:
14        (1)  submit  the  items  and  notices required under this
15        subsection; (2) submit any other information necessary to
16        adequately review  the  proposed  CAAPP  permit;  or  (3)
17        process  the  permit  under  subsection 8 of this Section
18        except for minor permit modifications.
19             e.  If USEPA does not object in writing to  issuance
20        of  a  permit  under  this  subsection,  any  person  may
21        petition  USEPA  within  60  days after expiration of the
22        45-day review period to make such objection.
23             f.  If the permit has not yet been issued and  USEPA
24        objects  to  the  permit  as  a result of a petition, the
25        Agency shall not issue the permit until USEPA's objection
26        has been resolved. The  Agency  shall  provide  a  10-day
27        comment  period  in  accordance  with paragraph c of this
28        subsection.  A  petition  does  not,  however,  stay  the
29        effectiveness of a permit  or  its  requirements  if  the
30        permit  was  issued after expiration of the 45-day review
31        period and prior to a USEPA objection.
32             g.  If  the  Agency  has  issued  a   permit   after
33        expiration  of  the  45-day  review  period  and prior to
34        receipt of a USEPA objection  under  this  subsection  in
 
                            -40-     LRB093 02591 EFG 12625 a
 1        response  to a petition submitted pursuant to paragraph e
 2        of this subsection, the Agency may, upon  receipt  of  an
 3        objection  from  USEPA, revise and resubmit the permit to
 4        USEPA pursuant  to  this  subsection  after  providing  a
 5        10-day  comment  period in accordance with paragraph c of
 6        this subsection. If the Agency fails to submit a  revised
 7        permit  in response to the objection, USEPA shall modify,
 8        terminate or revoke the permit.  In any case, the  source
 9        will  not  be  in  violation  of  the requirement to have
10        submitted a timely and complete application.
11             h.  The Agency shall have  the  authority  to  adopt
12        procedural   rules,   in  accordance  with  the  Illinois
13        Administrative  Procedure  Act,  as  the   Agency   deems
14        necessary, to implement this subsection.

15        10.  Final Agency Action.
16             a.  The  Agency  shall  issue a CAAPP permit, permit
17        modification, or permit renewal if all of  the  following
18        conditions are met:
19                  i.  The  applicant has submitted a complete and
20             certified   application   for   a   permit,   permit
21             modification,  or  permit  renewal  consistent  with
22             subsections 5 and 14 of this Section, as applicable,
23             and applicable regulations.
24                  ii.  The  applicant  has  submitted  with   its
25             complete  application an approvable compliance plan,
26             including  a  schedule  for  achieving   compliance,
27             consistent  with  subsection  5  of this Section and
28             applicable regulations.
29                  iii.  The applicant has timely  paid  the  fees
30             required  pursuant  to subsection 18 of this Section
31             and applicable regulations.
32                  iv.  The Agency has received a  complete  CAAPP
33             application  and,  if  necessary,  has requested and
34             received additional information from  the  applicant
 
                            -41-     LRB093 02591 EFG 12625 a
 1             consistent  with  subsection  5  of this Section and
 2             applicable regulations.
 3                  v.  The Agency has complied with all applicable
 4             provisions  regarding  public  notice  and  affected
 5             State review consistent with subsection  8  of  this
 6             Section and applicable regulations.
 7                  vi.  The  Agency  has  provided  a copy of each
 8             CAAPP application, or summary thereof,  pursuant  to
 9             agreement  with  USEPA  and  proposed  CAAPP  permit
10             required  under  subsection  9  of  this  Section to
11             USEPA, and USEPA has not objected to the issuance of
12             the permit in accordance with the Clean Air Act  and
13             40 CFR Part 70.
14             b.  The  Agency  shall  have the authority to deny a
15        CAAPP permit, permit modification, or permit  renewal  if
16        the  applicant  has not complied with the requirements of
17        paragraphs (a)(i)-(a)(iv) of this subsection or if  USEPA
18        objects to its issuance.
19             c. i.  Prior  to  denial  of  a CAAPP permit, permit
20             modification, or permit renewal under this  Section,
21             the   Agency  shall  notify  the  applicant  of  the
22             possible denial and the reasons for the denial.
23                  ii.  Within  such  notice,  the  Agency   shall
24             specify  an  appropriate date by which the applicant
25             shall adequately respond  to  the  Agency's  notice.
26             Such date shall not exceed 15 days from the date the
27             notification  is  received  by  the  applicant.  The
28             Agency may grant a  reasonable  extension  for  good
29             cause shown.
30                  iii.  Failure  by  the  applicant to adequately
31             respond by the date specified in the notification or
32             by any granted extension date shall be  grounds  for
33             denial of the permit.
34                  For purposes of obtaining judicial review under
 
                            -42-     LRB093 02591 EFG 12625 a
 1             Sections  40.2  and 41 of this Act, the Agency shall
 2             provide to  USEPA  and  each  applicant,  and,  upon
 3             request,   to   affected   States,  any  person  who
 4             participated in the public comment process, and  any
 5             other person who could obtain  judicial review under
 6             Sections  40.2  and  41  of this Act, a copy of each
 7             CAAPP permit or notification of denial pertaining to
 8             that party.
 9             d.  The Agency shall have  the  authority  to  adopt
10        procedural   rules,   in  accordance  with  the  Illinois
11        Administrative  Procedure  Act,  as  the   Agency   deems
12        necessary, to implement this subsection.

13        11.  General Permits.
14             a.  The  Agency  may issue a general permit covering
15        numerous similar sources, except for affected sources for
16        acid deposition unless otherwise provided in  regulations
17        promulgated under Title IV of the Clean Air Act.
18             b.  The   Agency  shall  identify,  in  any  general
19        permit, criteria by which sources  may  qualify  for  the
20        general permit.
21             c.  CAAPP  sources  that would qualify for a general
22        permit must apply for coverage under  the  terms  of  the
23        general   permit   or  must  apply  for  a  CAAPP  permit
24        consistent  with  subsection  5  of  this   Section   and
25        applicable regulations.
26             d.  The  Agency shall comply with the public comment
27        and hearing provisions of this Section  as  well  as  the
28        USEPA  and  affected  State  review  procedures  prior to
29        issuance of a general permit.
30             e.  When  granting  a  subsequent   request   by   a
31        qualifying CAAPP source for coverage under the terms of a
32        general  permit,  the  Agency  shall  not  be required to
33        repeat the public notice  and  comment  procedures.   The
34        granting  of such request shall not be considered a final
 
                            -43-     LRB093 02591 EFG 12625 a
 1        permit action for purposes of judicial review.
 2             f.  The Agency may not issue  a  general  permit  to
 3        cover  any  discrete  emission  unit at a CAAPP source if
 4        another CAAPP permit covers emission units at the source.
 5             g.  The Agency shall have  the  authority  to  adopt
 6        procedural   rules,   in  accordance  with  the  Illinois
 7        Administrative  Procedure  Act,  as  the   Agency   deems
 8        necessary, to implement this subsection.

 9        12.  Operational Flexibility.
10             a.  An  owner or operator of a CAAPP source may make
11        changes at the CAAPP source  without  requiring  a  prior
12        permit  revision,  consistent  with subparagraphs (a) (i)
13        through (a) (iii) of this  subsection,  so  long  as  the
14        changes  are  not  modifications  under  any provision of
15        Title I of the Clean Air Act and they do not  exceed  the
16        emissions  allowable  under the permit (whether expressed
17        therein as a rate of  emissions  or  in  terms  of  total
18        emissions),  provided  that  the owner or operator of the
19        CAAPP source provides USEPA and the Agency  with  written
20        notification as required below in advance of the proposed
21        changes,  which  shall  be  a  minimum  of 7 days, unless
22        otherwise  provided   by   the   Agency   in   applicable
23        regulations regarding emergencies.  The owner or operator
24        of  a  CAAPP source and the Agency shall each attach such
25        notice to their copy of the relevant permit.
26                  i.  An owner or operator of a CAAPP source  may
27             make  Section  502 (b) (10) changes without a permit
28             revision, if the changes are not modifications under
29             any provision of Title I of the Clean  Air  Act  and
30             the  changes  do  not exceed the emissions allowable
31             under the permit (whether  expressed  therein  as  a
32             rate of emissions or in terms of total emissions).
33                       A.  For  each  such  change,  the  written
34                  notification  required  above  shall  include a
 
                            -44-     LRB093 02591 EFG 12625 a
 1                  brief description  of  the  change  within  the
 2                  source,  the  date  on  which  the  change will
 3                  occur, any change in emissions, and any  permit
 4                  term  or condition that is no longer applicable
 5                  as a result of the change.
 6                       B.  The   permit   shield   described   in
 7                  paragraph 7(j) of this Section shall not  apply
 8                  to   any   change   made   pursuant   to   this
 9                  subparagraph.
10                  ii.  An owner or operator of a CAAPP source may
11             trade  increases  and  decreases in emissions in the
12             CAAPP source, where  the  applicable  implementation
13             plan  provides  for  such  emission  trades  without
14             requiring  a  permit  revision.   This  provision is
15             available in those cases where the permit  does  not
16             already provide for such emissions trading.
17                       A.  Under  this  subparagraph (a)(ii), the
18                  written  notification  required   above   shall
19                  include  such information as may be required by
20                  the provision in the applicable  implementation
21                  plan authorizing the emissions trade, including
22                  at  a  minimum,  when the proposed changes will
23                  occur, a description of each such  change,  any
24                  change  in  emissions,  the permit requirements
25                  with which the source  will  comply  using  the
26                  emissions  trading provisions of the applicable
27                  implementation plan, and the pollutants emitted
28                  subject to the  emissions  trade.   The  notice
29                  shall  also  refer  to  the  provisions  in the
30                  applicable implementation plan with  which  the
31                  source   will   comply   and  provide  for  the
32                  emissions trade.
33                       B.  The   permit   shield   described   in
34                  paragraph 7(j) of this Section shall not  apply
 
                            -45-     LRB093 02591 EFG 12625 a
 1                  to   any   change   made   pursuant   to   this
 2                  subparagraph  (a)  (ii).    Compliance with the
 3                  permit requirements that the source  will  meet
 4                  using  the  emissions trade shall be determined
 5                  according to the requirements of the applicable
 6                  implementation plan authorizing  the  emissions
 7                  trade.
 8                  iii.  If  requested within a CAAPP application,
 9             the Agency shall issue a CAAPP permit which contains
10             terms and conditions, including all  terms  required
11             under  subsection  7  of  this  Section to determine
12             compliance, allowing for the  trading  of  emissions
13             increases  and  decreases at the CAAPP source solely
14             for   the    purpose    of    complying    with    a
15             federally-enforceable    emissions   cap   that   is
16             established in the permit independent  of  otherwise
17             applicable requirements.  The owner or operator of a
18             CAAPP  source shall include in its CAAPP application
19             proposed replicable procedures and permit terms that
20             ensure the emissions  trades  are  quantifiable  and
21             enforceable.    The   permit   shall   also  require
22             compliance with all applicable requirements.
23                       A.  Under this subparagraph (a)(iii),  the
24                  written notification required above shall state
25                  when  the  change will occur and shall describe
26                  the changes in emissions that will  result  and
27                  how  these increases and decreases in emissions
28                  will comply with the terms  and  conditions  of
29                  the permit.
30                       B.  The   permit   shield   described   in
31                  paragraph  7(j) of this Section shall extend to
32                  terms and conditions that allow such  increases
33                  and decreases in emissions.
34             b.  An  owner or operator of a CAAPP source may make
 
                            -46-     LRB093 02591 EFG 12625 a
 1        changes that are  not  addressed  or  prohibited  by  the
 2        permit,  other  than  those  which  are  subject  to  any
 3        requirements  under  Title IV of the Clean Air Act or are
 4        modifications under any provisions  of  Title  I  of  the
 5        Clean  Air  Act, without a permit revision, in accordance
 6        with the following requirements:
 7                  (i)  Each such change shall meet all applicable
 8             requirements and  shall  not  violate  any  existing
 9             permit term or condition;
10                  (ii)  Sources   must   provide  contemporaneous
11             written notice to the Agency and USEPA of each  such
12             change,   except   for   changes   that  qualify  as
13             insignificant under provisions adopted by the Agency
14             or the Board. Such  written  notice  shall  describe
15             each  such change, including the date, any change in
16             emissions, pollutants emitted,  and  any  applicable
17             requirement  that  would  apply  as  a result of the
18             change;
19                  (iii)  The change shall  not  qualify  for  the
20             shield  described in paragraph 7(j) of this Section;
21             and
22                  (iv)  The  permittee  shall   keep   a   record
23             describing changes made at the source that result in
24             emissions of a regulated air pollutant subject to an
25             applicable   Clean  Air  Act  requirement,  but  not
26             otherwise  regulated  under  the  permit,  and   the
27             emissions resulting from those changes.
28             c.  The  Agency  shall  have  the authority to adopt
29        procedural  rules,  in  accordance  with   the   Illinois
30        Administrative   Procedure   Act,  as  the  Agency  deems
31        necessary to implement this subsection.

32        13.  Administrative Permit Amendments.
33             a.  The Agency shall take final action on a  request
34        for  an administrative permit amendment within 60 days of
 
                            -47-     LRB093 02591 EFG 12625 a
 1        receipt  of  the  request.    Neither   notice   nor   an
 2        opportunity  for  public and affected State comment shall
 3        be required for the Agency to incorporate such revisions,
 4        provided it designates the  permit  revisions  as  having
 5        been made pursuant to this subsection.
 6             b.  The  Agency  shall  submit a copy of the revised
 7        permit to USEPA.
 8             c.  For  purposes   of   this   Section   the   term
 9        "administrative  permit amendment" shall be defined as  a
10        permit revision that can accomplish one or  more  of  the
11        changes described below:
12                  i.  Corrects typographical errors;
13                  ii.  Identifies  a change in the name, address,
14             or phone number of  any  person  identified  in  the
15             permit,  or  provides a similar minor administrative
16             change at the source;
17                  iii.  Requires  more  frequent  monitoring   or
18             reporting by the permittee;
19                  iv.  Allows   for  a  change  in  ownership  or
20             operational control of a  source  where  the  Agency
21             determines  that  no  other  change in the permit is
22             necessary,  provided  that   a   written   agreement
23             containing  a  specific  date for transfer of permit
24             responsibility, coverage, and liability between  the
25             current and new permittees has been submitted to the
26             Agency;
27                  v.  Incorporates  into  the  CAAPP  permit  the
28             requirements  from  preconstruction  review  permits
29             authorized  under a USEPA-approved program, provided
30             the  program   meets   procedural   and   compliance
31             requirements   substantially   equivalent  to  those
32             contained in this Section;
33                  vi.  (Blank); or
34                  vii.  Any other type of change which USEPA  has
 
                            -48-     LRB093 02591 EFG 12625 a
 1             determined  as  part  of  the  approved CAAPP permit
 2             program to be similar  to  those  included  in  this
 3             subsection.
 4             d.  The  Agency  shall,  upon  taking  final  action
 5        granting  a  request   for   an   administrative   permit
 6        amendment,   allow  coverage  by  the  permit  shield  in
 7        paragraph 7(j) of this Section for administrative  permit
 8        amendments  made  pursuant to subparagraph (c)(v) of this
 9        subsection  which  meet  the  relevant  requirements  for
10        significant permit modifications.
11             e.  Permit revisions  and  modifications,  including
12        administrative   amendments   and   automatic  amendments
13        (pursuant to Sections 408(b) and 403(d) of the Clean  Air
14        Act  or regulations promulgated thereunder), for purposes
15        of the acid rain portion of the permit shall be  governed
16        by  the  regulations  promulgated  under  Title IV of the
17        Clean Air Act.  Owners or operators of  affected  sources
18        for  acid  deposition shall have the flexibility to amend
19        their compliance plans as  provided  in  the  regulations
20        promulgated under Title IV of the Clean Air Act.
21             f.  The  CAAPP  source  may  implement  the  changes
22        addressed  in  the  request  for an administrative permit
23        amendment immediately upon submittal of the request.
24             g.  The Agency shall have  the  authority  to  adopt
25        procedural   rules,   in  accordance  with  the  Illinois
26        Administrative  Procedure  Act,  as  the   Agency   deems
27        necessary, to implement this subsection.

28        14.  Permit Modifications.
29             a.  Minor permit modification procedures.
30                  i.  The    Agency   shall   review   a   permit
31             modification using the "minor  permit"  modification
32             procedures only for those permit modifications that:
33                       A.  Do    not   violate   any   applicable
34                  requirement;
 
                            -49-     LRB093 02591 EFG 12625 a
 1                       B.  Do not involve significant changes  to
 2                  existing      monitoring,     reporting,     or
 3                  recordkeeping requirements in the permit;
 4                       C.  Do   not   require   a    case-by-case
 5                  determination  of  an  emission  limitation  or
 6                  other    standard,    or    a   source-specific
 7                  determination  of   ambient   impacts,   or   a
 8                  visibility or increment analysis;
 9                       D.  Do  not  seek to establish or change a
10                  permit term or condition for which there is  no
11                  corresponding  underlying requirement and which
12                  avoids an applicable requirement to  which  the
13                  source  would otherwise be subject.  Such terms
14                  and conditions include:
15                            1.  A federally enforceable emissions
16                       cap assumed to avoid classification  as  a
17                       modification  under any provision of Title
18                       I of the Clean Air Act; and
19                            2.  An  alternative  emissions  limit
20                       approved    pursuant    to     regulations
21                       promulgated under Section 112(i)(5) of the
22                       Clean Air Act;
23                       E.  Are   not   modifications   under  any
24                  provision of Title I of the Clean Air Act; and
25                       F.  Are not required to be processed as  a
26                  significant modification.
27                  ii.  Notwithstanding  subparagraphs  (a)(i) and
28             (b)(ii)   of   this   subsection,    minor    permit
29             modification  procedures  may  be  used  for  permit
30             modifications   involving   the   use   of  economic
31             incentives, marketable permits,  emissions  trading,
32             and  other  similar  approaches,  to the extent that
33             such  minor  permit  modification   procedures   are
34             explicitly    provided    for   in   an   applicable
 
                            -50-     LRB093 02591 EFG 12625 a
 1             implementation plan or  in  applicable  requirements
 2             promulgated by USEPA.
 3                  iii.  An  applicant requesting the use of minor
 4             permit  modification  procedures  shall   meet   the
 5             requirements  of  subsection  5  of this Section and
 6             shall include the following in its application:
 7                       A.  A  description  of  the  change,   the
 8                  emissions  resulting  from  the change, and any
 9                  new applicable requirements that will apply  if
10                  the change occurs;
11                       B.  The source's suggested draft permit;
12                       C.  Certification    by    a   responsible
13                  official, consistent  with  paragraph  5(e)  of
14                  this  Section  and applicable regulations, that
15                  the proposed modification  meets  the  criteria
16                  for use of minor permit modification procedures
17                  and a request that such procedures be used; and
18                       D.  Completed  forms for the Agency to use
19                  to notify USEPA and affected States as required
20                  under subsections 8 and 9 of this Section.
21                  iv.  Within 5 working  days  of  receipt  of  a
22             complete permit modification application, the Agency
23             shall  notify  USEPA  and  affected  States  of  the
24             requested  permit  modification  in  accordance with
25             subsections 8 and 9 of  this  Section.   The  Agency
26             promptly   shall  send  any  notice  required  under
27             paragraph 8(d) of this Section to USEPA.
28                  v.  The Agency may not  issue  a  final  permit
29             modification  until  after  the 45-day review period
30             for USEPA or until USEPA  has  notified  the  Agency
31             that  USEPA  will  not object to the issuance of the
32             permit modification, whichever comes first, although
33             the Agency can approve the permit modification prior
34             to that  time.   Within  90  days  of  the  Agency's
 
                            -51-     LRB093 02591 EFG 12625 a
 1             receipt  of  an  application  under the minor permit
 2             modification procedures or 15 days after the end  of
 3             USEPA's  45-day  review period under subsection 9 of
 4             this Section, whichever is later, the Agency shall:
 5                       A.  Issue  the  permit   modification   as
 6                  proposed;
 7                       B.  Deny     the    permit    modification
 8                  application;
 9                       C.  Determine    that    the     requested
10                  modification  does  not  meet  the minor permit
11                  modification criteria and  should  be  reviewed
12                  under  the significant modification procedures;
13                  or
14                       D.  Revise the draft  permit  modification
15                  and  transmit  to USEPA the new proposed permit
16                  modification as required  by  subsection  9  of
17                  this Section.
18                  vi.  Any  CAAPP  source  may  make  the  change
19             proposed    in   its   minor   permit   modification
20             application  immediately   after   it   files   such
21             application.   After  the  CAAPP  source  makes  the
22             change  allowed by the preceding sentence, and until
23             the Agency takes any of  the  actions  specified  in
24             subparagraphs  (a)(v)(A)  through  (a)(v)(C) of this
25             subsection, the source must  comply  with  both  the
26             applicable requirements governing the change and the
27             proposed  permit  terms and conditions.  During this
28             time period, the source need  not  comply  with  the
29             existing  permit  terms  and  conditions it seeks to
30             modify.  If the source  fails  to  comply  with  its
31             proposed  permit  terms  and  conditions during this
32             time  period,  the   existing   permit   terms   and
33             conditions  which it seeks to modify may be enforced
34             against it.
 
                            -52-     LRB093 02591 EFG 12625 a
 1                  vii.  The permit shield under subparagraph 7(j)
 2             of this Section  may  not  extend  to  minor  permit
 3             modifications.
 4                  viii.  If  a  construction  permit is required,
 5             pursuant  to  Section  39(a)   of   this   Act   and
 6             regulations  thereunder,  for a change for which the
 7             minor permit modification procedures are applicable,
 8             the source may request that the  processing  of  the
 9             construction permit application be consolidated with
10             the  processing  of  the  application  for the minor
11             permit modification.  In such cases, the  provisions
12             of  this Section, including those within subsections
13             5, 8, and 9, shall apply and the Agency shall act on
14             such applications pursuant to subparagraph 14(a)(v).
15             The source may make the proposed change  immediately
16             after  filing  its  application for the minor permit
17             modification.  Nothing in  this  subparagraph  shall
18             otherwise  affect  the  requirements  and procedures
19             applicable to construction permits.
20             b.  Group Processing of Minor Permit Modifications.
21                  i.  Where requested by an applicant within  its
22             application,  the  Agency  shall process groups of a
23             source's  applications  for  certain   modifications
24             eligible  for   minor permit modification processing
25             in accordance with the provisions of this  paragraph
26             (b).
27                  ii.  Permit  modifications  may be processed in
28             accordance with the procedures for group processing,
29             for those modifications:
30                       A.  Which  meet  the  criteria  for  minor
31                  permit    modification     procedures     under
32                  subparagraph 14(a)(i) of this Section; and
33                       B.  That collectively are below 10 percent
34                  of  the emissions allowed by the permit for the
 
                            -53-     LRB093 02591 EFG 12625 a
 1                  emissions unit for which change  is  requested,
 2                  20  percent  of  the  applicable  definition of
 3                  major source set forth in subsection 2 of  this
 4                  Section,  or  5  tons  per  year,  whichever is
 5                  least.
 6                  iii.  An applicant requesting the use of  group
 7             processing procedures shall meet the requirements of
 8             subsection  5  of this Section and shall include the
 9             following in its application:
10                       A.  A  description  of  the  change,   the
11                  emissions  resulting  from  the change, and any
12                  new applicable requirements that will apply  if
13                  the change occurs.
14                       B.  The source's suggested draft permit.
15                       C.  Certification    by    a   responsible
16                  official consistent with paragraph 5(e) of this
17                  Section, that the proposed  modification  meets
18                  the   criteria  for  use  of  group  processing
19                  procedures and a request that  such  procedures
20                  be used.
21                       D.  A  list  of the source's other pending
22                  applications awaiting group processing,  and  a
23                  determination    of   whether   the   requested
24                  modification,  aggregated  with   these   other
25                  applications,  equals  or exceeds the threshold
26                  set  under  subparagraph  (b)(ii)(B)  of   this
27                  subsection.
28                       E.  Certification,     consistent     with
29                  paragraph  5(e),  that  the source has notified
30                  USEPA  of  the  proposed  modification.    Such
31                  notification   need   only   contain   a  brief
32                  description of the requested modification.
33                       F.  Completed forms for the Agency to  use
34                  to notify USEPA and affected states as required
 
                            -54-     LRB093 02591 EFG 12625 a
 1                  under subsections 8 and 9 of this Section.
 2                  iv.  On  a quarterly basis or within 5 business
 3             days of receipt of an application demonstrating that
 4             the aggregate of  a  source's  pending  applications
 5             equals  or  exceeds  the  threshold  level set forth
 6             within subparagraph (b)(ii)(B) of  this  subsection,
 7             whichever  is  earlier,  the  Agency  shall promptly
 8             notify USEPA and affected States  of  the  requested
 9             permit  modifications in accordance with subsections
10             8 and 9 of this Section.  The Agency shall send  any
11             notice required under paragraph 8(d) of this Section
12             to USEPA.
13                  v.  The  provisions  of  subparagraph (a)(v) of
14             this  subsection  shall   apply   to   modifications
15             eligible  for  group  processing,  except  that  the
16             Agency  shall  take  one of the actions specified in
17             subparagraphs (a)(v)(A) through  (a)(v)(D)  of  this
18             subsection   within  180  days  of  receipt  of  the
19             application or 15 days  after  the  end  of  USEPA's
20             45-day  review  period  under  subsection  9 of this
21             Section, whichever is later.
22                  vi.  The provisions of subparagraph (a)(vi)  of
23             this  subsection  shall  apply  to modifications for
24             group processing.
25                  vii.  The provisions of paragraph 7(j) of  this
26             Section  shall  not  apply to modifications eligible
27             for group processing.
28             c.  Significant Permit Modifications.
29                  i.  Significant modification  procedures  shall
30             be  used  for  applications  requesting  significant
31             permit modifications and for those applications that
32             do  not qualify as either minor permit modifications
33             or as administrative permit amendments.
34                  ii.  Every  significant  change   in   existing
 
                            -55-     LRB093 02591 EFG 12625 a
 1             monitoring  permit  terms  or  conditions  and every
 2             relaxation    of    reporting    or    recordkeeping
 3             requirements shall  be  considered  significant.   A
 4             modification shall also be considered significant if
 5             in   the   judgment  of  the  Agency  action  on  an
 6             application for modification would require decisions
 7             to be made on technically  complex  issues.  Nothing
 8             herein  shall be construed to preclude the permittee
 9             from making changes  consistent  with  this  Section
10             that  would  render existing permit compliance terms
11             and conditions irrelevant.
12                  iii.  Significant  permit  modifications   must
13             meet all the requirements of this Section, including
14             those   for   applications  (including  completeness
15             review), public participation,  review  by  affected
16             States,  and  review  by USEPA applicable to initial
17             permit issuance  and  permit  renewal.   The  Agency
18             shall   take  final  action  on  significant  permit
19             modifications within 9 months  after  receipt  of  a
20             complete application.
21             d.  The  Agency  shall  have  the authority to adopt
22        procedural  rules,  in  accordance  with   the   Illinois
23        Administrative   Procedure   Act,  as  the  Agency  deems
24        necessary, to implement this subsection.

25        15.  Reopenings for Cause by the Agency.
26             a.  Each   issued   CAAPP   permit   shall   include
27        provisions specifying  the  conditions  under  which  the
28        permit  will  be  reopened prior to the expiration of the
29        permit.  Such revisions shall be made as expeditiously as
30        practicable.   A  CAAPP  permit  shall  be  reopened  and
31        revised under any  of  the  following  circumstances,  in
32        accordance with procedures adopted by the Agency:
33                  i.  Additional requirements under the Clean Air
34             Act  become  applicable  to a major CAAPP source for
 
                            -56-     LRB093 02591 EFG 12625 a
 1             which 3 or more years remain on the original term of
 2             the permit.  Such a reopening shall be completed not
 3             later than 18 months after the promulgation  of  the
 4             applicable   requirement.    No   such  revision  is
 5             required if the effective date of the requirement is
 6             later than the date on which the permit  is  due  to
 7             expire.
 8                  ii.  Additional  requirements (including excess
 9             emissions  requirements)  become  applicable  to  an
10             affected source for acid deposition under  the  acid
11             rain  program.   Excess emissions offset plans shall
12             be deemed to be incorporated into  the  permit  upon
13             approval by USEPA.
14                  iii.  The  Agency  or USEPA determines that the
15             permit  contains  a   material   mistake   or   that
16             inaccurate  statements were made in establishing the
17             emissions standards, limitations, or other terms  or
18             conditions of the permit.
19                  iv.  The  Agency  or  USEPA determines that the
20             permit  must  be  revised  or  revoked   to   assure
21             compliance with the applicable  requirements.
22             b.  In  the  event  that  the Agency determines that
23        there are grounds for revoking a CAAPP permit, for cause,
24        consistent with paragraph a of this subsection, it  shall
25        file  a petition before the Board setting forth the basis
26        for such revocation.  In any such proceeding, the  Agency
27        shall  have  the  burden  of establishing that the permit
28        should be revoked under the standards set forth  in  this
29        Act  and the Clean Air Act.  Any such proceeding shall be
30        conducted  pursuant  to  the   Board's   procedures   for
31        adjudicatory  hearings  and  the  Board  shall render its
32        decision within 120 days of the filing of  the  petition.
33        The  Agency shall take final action to revoke and reissue
34        a CAAPP permit consistent with the Board's order.
 
                            -57-     LRB093 02591 EFG 12625 a
 1             c.  Proceedings regarding a  reopened  CAAPP  permit
 2        shall  follow  the  same  procedures  as apply to initial
 3        permit issuance and shall affect only those parts of  the
 4        permit for which cause to reopen exists.
 5             d.  Reopenings   under   paragraph   (a)   of   this
 6        subsection shall not be initiated before a notice of such
 7        intent  is  provided to the CAAPP source by the Agency at
 8        least 30 days in advance of the date that the  permit  is
 9        to  be  reopened,  except  that  the Agency may provide a
10        shorter time period in the case of an emergency.
11             e.  The Agency shall have  the  authority  to  adopt
12        procedural   rules,   in  accordance  with  the  Illinois
13        Administrative  Procedure  Act,  as  the   Agency   deems
14        necessary, to implement this subsection.

15        16.  Reopenings for Cause by USEPA.
16             a.  When USEPA finds that cause exists to terminate,
17        modify,  or revoke and reissue a CAAPP permit pursuant to
18        subsection 15 of this Section,  and  thereafter  notifies
19        the  Agency and the permittee of such finding in writing,
20        the Agency shall forward to USEPA  and  the  permittee  a
21        proposed  determination  of termination, modification, or
22        revocation and reissuance as appropriate,  in  accordance
23        with   paragraph  b  of  this  subsection.  The  Agency's
24        proposed determination shall be in  accordance  with  the
25        record,   the  Clean  Air  Act,  regulations  promulgated
26        thereunder,  this   Act   and   regulations   promulgated
27        thereunder.  Such proposed determination shall not affect
28        the permit  or  constitute  a  final  permit  action  for
29        purposes  of  this  Act or the Administrative Review Law.
30        The  Agency  shall  forward  to   USEPA   such   proposed
31        determination   within  90  days  after  receipt  of  the
32        notification from USEPA. If additional time is  necessary
33        to  submit  the  proposed determination, the Agency shall
34        request a 90-day extension from USEPA  and  shall  submit
 
                            -58-     LRB093 02591 EFG 12625 a
 1        the  proposed determination within 180 days of receipt of
 2        notification from USEPA.
 3                  b. i.  Prior to the Agency's submittal to USEPA
 4             of a proposed determination to terminate  or  revoke
 5             and  reissue  the  permit,  the  Agency shall file a
 6             petition before  the  Board  setting  forth  USEPA's
 7             objection,  the permit record, the Agency's proposed
 8             determination,  and  the   justification   for   its
 9             proposed  determination.  The  Board shall conduct a
10             hearing pursuant to the rules prescribed by  Section
11             32  of this Act, and the burden of proof shall be on
12             the Agency.
13                  ii.  After due consideration of the written and
14             oral statements, the testimony  and  arguments  that
15             shall be submitted at hearing, the Board shall issue
16             and   enter   an  interim  order  for  the  proposed
17             determination, which shall set forth all changes, if
18             any,   required    in    the    Agency's    proposed
19             determination.  The  interim order shall comply with
20             the requirements for final orders as  set  forth  in
21             Section 33 of this Act. Issuance of an interim order
22             by  the  Board  under this paragraph, however, shall
23             not affect the permit status and does not constitute
24             a final action for  purposes  of  this  Act  or  the
25             Administrative Review Law.
26                  iii.  The  Board  shall  cause  a  copy  of its
27             interim order to be served upon all parties  to  the
28             proceeding  as  well as upon USEPA. The Agency shall
29             submit  the  proposed  determination  to  USEPA   in
30             accordance with the Board's Interim Order within 180
31             days after receipt of the notification from USEPA.
32             c.  USEPA shall review the proposed determination to
33        terminate, modify,  or  revoke  and  reissue  the  permit
34        within 90 days of receipt.
 
                            -59-     LRB093 02591 EFG 12625 a
 1                  i.  When    USEPA    reviews    the    proposed
 2             determination to terminate or revoke and reissue and
 3             does  not  object, the Board shall, within 7 days of
 4             receipt of USEPA's final approval, enter the interim
 5             order as a final  order.  The  final  order  may  be
 6             appealed  as  provided  by Title XI of this Act. The
 7             Agency shall take final action  in  accordance  with
 8             the Board's final order.
 9                  ii.  When    USEPA    reviews   such   proposed
10             determination to terminate or revoke and reissue and
11             objects, the Agency shall submit  USEPA's  objection
12             and  the Agency's comments and recommendation on the
13             objection to the  Board  and  permittee.  The  Board
14             shall  review  its  interim  order  in  response  to
15             USEPA's  objection  and  the  Agency's  comments and
16             recommendation and issue a final order in accordance
17             with Sections 32 and 33  of  this  Act.  The  Agency
18             shall,   within   90  days  after  receipt  of  such
19             objection,   respond   to   USEPA's   objection   in
20             accordance with the Board's final order.
21                  iii.  When   USEPA   reviews   such    proposed
22             determination  to  modify  and  objects,  the Agency
23             shall,  within  90  days  after   receipt   of   the
24             objection,  resolve  the  objection  and  modify the
25             permit in accordance with USEPA's  objection,  based
26             upon  the  record,  the  Clean  Air Act, regulations
27             promulgated thereunder, this  Act,  and  regulations
28             promulgated thereunder.
29             d.  If  the  Agency  fails  to  submit  the proposed
30        determination pursuant to paragraph a of this  subsection
31        or  fails  to  resolve  any  USEPA  objection pursuant to
32        paragraph c of this  subsection,  USEPA  will  terminate,
33        modify, or revoke and reissue the permit.
34             e.  The  Agency  shall  have  the authority to adopt
 
                            -60-     LRB093 02591 EFG 12625 a
 1        procedural  rules,  in  accordance  with   the   Illinois
 2        Administrative   Procedure   Act,  as  the  Agency  deems
 3        necessary, to implement this subsection.

 4        17.  Title IV; Acid Rain Provisions.
 5             a.  The  Agency   shall   act   on   initial   CAAPP
 6        applications  for affected sources for acid deposition in
 7        accordance with this Section and Title V of the Clean Air
 8        Act and regulations  promulgated  thereunder,  except  as
 9        modified by Title IV of the Clean Air Act and regulations
10        promulgated  thereunder.   The Agency shall issue initial
11        CAAPP permits to the affected sources for acid deposition
12        which shall become effective no earlier than  January  1,
13        1995,  and which shall terminate on December 31, 1999, in
14        accordance with this Section.  Subsequent  CAAPP  permits
15        issued  to  affected sources for acid deposition shall be
16        issued for a fixed term of 5 years. Title IV of the Clean
17        Air Act and regulations promulgated thereunder, including
18        but not limited to 40 C.F.R. Part 72, as now or hereafter
19        amended, are applicable to  and  enforceable  under  this
20        Act.
21             b.  A   designated  representative  of  an  affected
22        source for acid deposition  shall  submit  a  timely  and
23        complete  Phase  II  acid  rain  permit  application  and
24        compliance  plan to the Agency, not later than January 1,
25        1996, that meets the requirements of Titles IV and  V  of
26        the  Clean  Air Act and regulations. The Agency shall act
27        on  the  Phase  II  acid  rain  permit  application   and
28        compliance plan in accordance with this Section and Title
29        V  of  the  Clean  Air  Act  and  regulations promulgated
30        thereunder, except as modified by Title IV of  the  Clean
31        Air  Act  and  regulations  promulgated  thereunder.  The
32        Agency  shall  issue  the Phase II acid rain permit to an
33        affected  source  for  acid  deposition  no  later   than
34        December  31,  1997,  which  shall  become  effective  on
 
                            -61-     LRB093 02591 EFG 12625 a
 1        January  1, 2000, in accordance with this Section, except
 2        as modified  by  Title  IV  and  regulations  promulgated
 3        thereunder;  provided  that the designated representative
 4        of the source submitted a timely and  complete  Phase  II
 5        permit application and compliance plan to the Agency that
 6        meets the requirements of Title IV and V of the Clean Air
 7        Act and regulations.
 8             c.  Each   Phase  II  acid  rain  permit  issued  in
 9        accordance with this subsection shall have a  fixed  term
10        of  5 years. Except as provided in paragraph b above, the
11        Agency shall issue or deny a Phase II  acid  rain  permit
12        within  18 months of receiving a complete Phase II permit
13        application and compliance plan.
14             d.  A designated representative of a  new  unit,  as
15        defined in Section 402 of the Clean Air Act, shall submit
16        a   timely   and  complete  Phase  II  acid  rain  permit
17        application  and   compliance   plan   that   meets   the
18        requirements  of Titles IV and V of the Clean Air Act and
19        its regulations. The Agency shall act on the  new  unit's
20        Phase II acid rain permit application and compliance plan
21        in  accordance with this Section and Title V of the Clean
22        Air Act and its regulations, except as modified by  Title
23        IV  of  the Clean Air Act and its regulations. The Agency
24        shall reopen the new unit's CAAPP  permit  for  cause  to
25        incorporate  the  approved  Phase  II acid rain permit in
26        accordance with this Section.  The  Phase  II  acid  rain
27        permit  for  the new unit shall become effective no later
28        than the date required under Title IV of  the  Clean  Air
29        Act and its regulations.
30             e.  A   designated  representative  of  an  affected
31        source for acid deposition  shall  submit  a  timely  and
32        complete  Title  IV NOx permit application to the Agency,
33        not  later  than  January  1,  1998,   that   meets   the
34        requirements  of Titles IV and V of the Clean Air Act and
 
                            -62-     LRB093 02591 EFG 12625 a
 1        its regulations. The Agency shall  reopen  the  Phase  II
 2        acid  rain  permit for cause and incorporate the approved
 3        NOx provisions into the Phase II  acid  rain  permit  not
 4        later  than  January  1,  1999,  in  accordance with this
 5        Section, except as modified by Title IV of the Clean  Air
 6        Act   and   regulations   promulgated   thereunder.  Such
 7        reopening shall not affect the term of the Phase II  acid
 8        rain permit.
 9             f.  The  designated  representative  of the affected
10        source for acid deposition shall renew the initial  CAAPP
11        permit  and  Phase II acid rain permit in accordance with
12        this Section and  Title  V  of  the  Clean  Air  Act  and
13        regulations promulgated thereunder, except as modified by
14        Title IV of the Clean Air Act and regulations promulgated
15        thereunder.
16             g.  In  the  case  of  an  affected  source for acid
17        deposition for which a complete Phase II acid rain permit
18        application and compliance plan are timely received under
19        this subsection,  the  complete  permit  application  and
20        compliance  plan,  including amendments thereto, shall be
21        binding   on   the   owner,   operator   and   designated
22        representative, all affected units for acid deposition at
23        the affected source, and any other unit,  as  defined  in
24        Section  402  of the Clean Air Act, governed by the Phase
25        II acid rain permit application and shall be  enforceable
26        as an acid rain permit for purposes of Titles IV and V of
27        the  Clean  Air  Act,  from the date of submission of the
28        acid rain permit application until a Phase II  acid  rain
29        permit is issued or denied by the Agency.
30             h.  The  Agency  shall  not include or implement any
31        measure  which  would  interfere  with  or   modify   the
32        requirements  of  Title  IV  of  the  Clean  Air  Act  or
33        regulations promulgated thereunder.
34             i.  Nothing  in  this  Section shall be construed as
 
                            -63-     LRB093 02591 EFG 12625 a
 1        affecting allowances or  USEPA's  decision  regarding  an
 2        excess emissions offset plan, as set forth in Title IV of
 3        the Clean Air Act or regulations promulgated thereunder.
 4                  i.  No  permit  revision  shall be required for
 5             increases  in  emissions  that  are  authorized   by
 6             allowances   acquired  pursuant  to  the  acid  rain
 7             program, provided that such increases do not require
 8             a  permit  revision  under  any   other   applicable
 9             requirement.
10                  ii.  No  limit shall be placed on the number of
11             allowances held by the source.  The source may  not,
12             however,    use   allowances   as   a   defense   to
13             noncompliance with any other applicable requirement.
14                  iii.  Any such allowance shall be accounted for
15             according   to   the   procedures   established   in
16             regulations promulgated under Title IV of the  Clean
17             Air Act.
18             j.  To  the  extent  that  the  federal  regulations
19        promulgated  under Title IV, including but not limited to
20        40 C.F.R. Part 72,  as  now  or  hereafter  amended,  are
21        inconsistent  with  the  federal  regulations promulgated
22        under Title V, the federal regulations promulgated  under
23        Title IV shall take precedence.
24             k.  The  USEPA may intervene as a matter of right in
25        any permit appeal involving a Phase II acid  rain  permit
26        provision or denial of a Phase II acid rain permit.
27             l.  It  is  unlawful  for  any  owner or operator to
28        violate any terms or conditions of a Phase II  acid  rain
29        permit  issued  under  this  subsection,  to  operate any
30        affected source for acid deposition except in  compliance
31        with  a  Phase  II  acid rain permit issued by the Agency
32        under this subsection, or to violate any other applicable
33        requirements.
34             m.  The designated  representative  of  an  affected
 
                            -64-     LRB093 02591 EFG 12625 a
 1        source for acid deposition shall submit to the Agency the
 2        data   and  information  submitted  quarterly  to  USEPA,
 3        pursuant  to  40  CFR  75.64,   concurrently   with   the
 4        submission  to USEPA. The submission shall be in the same
 5        electronic format as specified by USEPA.
 6             n.  The  Agency  shall  act  on  any  petition   for
 7        exemption  of  a new unit or retired unit, as those terms
 8        are defined in Section 402 of the Clean Air Act, from the
 9        requirements of the acid rain program in accordance  with
10        Title IV of the Clean Air Act and its regulations.
11             o.  The  Agency  shall  have  the authority to adopt
12        procedural  rules,  in  accordance  with   the   Illinois
13        Administrative   Procedure   Act,  as  the  Agency  deems
14        necessary to implement this subsection.

15        18.  Fee Provisions.
16             a.  For each 12 month period after the date on which
17        the USEPA approves or conditionally approves  the  CAAPP,
18        but  in  no  event  prior  to  January  1, 1994, a source
19        subject to this Section or excluded under subsection  1.1
20        or  paragraph  3(c)  of  this Section, shall pay a fee as
21        provided  in  this  part  (a)  of  this  subsection   18.
22        However,  a  source  that  has  been  excluded  from  the
23        provisions  of  this  Section  under  subsection  1.1  or
24        paragraph  3(c)  of this Section because the source emits
25        less  than  25  tons  per  year  of  any  combination  of
26        regulated air pollutants shall  pay  fees  in  accordance
27        with paragraph (1) of subsection (b) of Section 9.6.
28                  i.  The  fee  for a source allowed to emit less
29             than  100  tons  per  year  of  any  combination  of
30             regulated air pollutants shall be $1,000 per year.
31                  ii.  The fee for a source allowed to  emit  100
32             tons   or  more  per  year  of  any  combination  of
33             regulated air pollutants, except for those regulated
34             air pollutants excluded in paragraph 18(f)  of  this
 
                            -65-     LRB093 02591 EFG 12625 a
 1             subsection, shall be as follows:
 2                       A.  The  Agency shall assess an annual fee
 3                  of $13.50 per ton for the  allowable  emissions
 4                  of  all regulated air pollutants at that source
 5                  during the term  of  the  permit.   These  fees
 6                  shall  be  used  by the Agency and the Board to
 7                  fund the activities required by Title V of  the
 8                  Clean  Air Act including such activities as may
 9                  be carried out by other State or local agencies
10                  pursuant to paragraph (d) of  this  subsection.
11                  The  amount  of  such fee shall be based on the
12                  information supplied by the  applicant  in  its
13                  complete  CAAPP  permit  application  or in the
14                  CAAPP permit if the permit has been granted and
15                  shall be determined by the amount of  emissions
16                  that  the  source  is allowed to emit annually,
17                  provided  however,  that  no  source  shall  be
18                  required to pay an  annual  fee  in  excess  of
19                  $100,000.   The Agency shall provide as part of
20                  the  permit  application  form  required  under
21                  subsection 5 of this  Section  a  separate  fee
22                  calculation form which will allow the applicant
23                  to   identify   the   allowable  emissions  and
24                  calculate the fee for the term of  the  permit.
25                  In  no  event shall the Agency raise the amount
26                  of  allowable  emissions   requested   by   the
27                  applicant unless such increases are required to
28                  demonstrate  compliance  with  terms of a CAAPP
29                  permit.
30                       Notwithstanding the above,  any  applicant
31                  may  seek  a  change  in its permit which would
32                  result in increases in allowable emissions  due
33                  to  an  increase  in  the hours of operation or
34                  production rates of an emission unit  or  units
 
                            -66-     LRB093 02591 EFG 12625 a
 1                  and  such a change shall be consistent with the
 2                  construction   permit   requirements   of   the
 3                  existing State permit  program,  under  Section
 4                  39(a)  of this Act and applicable provisions of
 5                  this Section.  Where a construction  permit  is
 6                  required,  the Agency shall expeditiously grant
 7                  such  construction   permit   and   shall,   if
 8                  necessary, modify the CAAPP permit based on the
 9                  same application.
10                       B.  The applicant or permittee may pay the
11                  fee  annually  or  semiannually  for those fees
12                  greater than  $5,000.  However,  any  applicant
13                  paying  a fee equal to or greater than $100,000
14                  shall pay the full amount on July  1,  for  the
15                  subsequent  fiscal  year, or pay 50% of the fee
16                  on July 1 and the remaining  50%  by  the  next
17                  January  1.   The  Agency may change any annual
18                  billing date upon reasonable notice, but  shall
19                  prorate  the  new bill so that the permittee or
20                  applicant does not pay more than  its  required
21                  fees  for  the  fee period for which payment is
22                  made.
23             b.  (Blank).
24             c.  There shall be created a  CAA  Fee  Panel  of  5
25        persons.  The Panel shall:
26                  i.  If  it  deems necessary on an annual basis,
27             render advisory  opinions  to  the  Agency  and  the
28             General  Assembly regarding the appropriate level of
29             Title V Clean Air Act fees for the next fiscal year.
30             Such advisory opinions shall be based on a study  of
31             the  operations  of  the Agency and any other entity
32             requesting appropriations from the CAA Permit Fund.
33             This  study  shall  recommend  changes  in  the  fee
34             structure, if warranted.  The study will be based on
 
                            -67-     LRB093 02591 EFG 12625 a
 1             the  ability  of  the  Agency  or  other  entity  to
 2             effectively utilize the funds generated as  well  as
 3             the  entity's  conformance  with  the objectives and
 4             measurable benchmarks identified by  the  Agency  as
 5             justification   for  the  prior  year's  fee.   Such
 6             advisory  opinions  shall  be   submitted   to   the
 7             appropriation committees no later than April 15th of
 8             each year.
 9                  ii.  Not be compensated for their services, but
10             shall receive reimbursement for their expenses.
11                  iii.  Be  appointed  as  follows:  4 members by
12             the Director of the Agency from a list  of  no  more
13             than  8  persons,  submitted  by  representatives of
14             associations who represent facilities subject to the
15             provisions of this subsection and  the  Director  of
16             the Agency or designee.
17             d.  There  is hereby created in the State Treasury a
18        special fund to be known as the "CAA Permit  Fund".   All
19        Funds collected by the Agency pursuant to this subsection
20        shall  be  deposited into the Fund.  The General Assembly
21        shall appropriate monies from this Fund to the Agency and
22        to the Board to carry out their  obligations  under  this
23        Section.   The General Assembly may also authorize monies
24        to be granted by the Agency from this Fund to other State
25        and local agencies which perform duties  related  to  the
26        CAAPP. Interest generated on the monies deposited in this
27        Fund  shall be returned to the Fund. The General Assembly
28        may appropriate up to the sum of $25,000  to  the  Agency
29        from the CAA Permit Fund for use by the Panel in carrying
30        out its responsibilities under this subsection.
31             e.  The  Agency  shall  have  the authority to adopt
32        procedural  rules,  in  accordance  with   the   Illinois
33        Administrative   Procedure   Act,  as  the  Agency  deems
34        necessary to implement this subsection.
 
                            -68-     LRB093 02591 EFG 12625 a
 1             f.  For  purposes  of  this  subsection,  the   term
 2        "regulated air pollutant" shall have the meaning given to
 3        it  under  subsection 1 of this Section but shall exclude
 4        the following:
 5                  i.  carbon monoxide;
 6                  ii.  any Class I or II  substance  which  is  a
 7             regulated  air pollutant solely because it is listed
 8             pursuant to Section 602 of the Clean Air Act; and
 9                  iii.  any pollutant that  is  a  regulated  air
10             pollutant solely because it is subject to a standard
11             or  regulation under Section 112(r) of the Clean Air
12             Act based on the emissions  allowed  in  the  permit
13             effective  in  that  calendar  year, at the time the
14             applicable bill is generated.

15        19.  Air Toxics Provisions.
16             a.  In the event that the USEPA fails to  promulgate
17        in  a timely manner a standard pursuant to Section 112(d)
18        of the Clean Air Act, the Agency shall have the authority
19        to issue permits, pursuant to Section 112(j) of the Clean
20        Air Act and  regulations  promulgated  thereunder,  which
21        contain  emission limitations which are equivalent to the
22        emission limitations that would apply to a source  if  an
23        emission standard had been promulgated in a timely manner
24        by  USEPA pursuant to Section 112(d).  Provided, however,
25        that the owner or operator of a  source  shall  have  the
26        opportunity  to  submit to the Agency a proposed emission
27        limitation which it determines to be  equivalent  to  the
28        emission  limitations  that would apply to such source if
29        an emission standard had been  promulgated  in  a  timely
30        manner  by  USEPA.   If the Agency refuses to include the
31        emission limitation proposed by the owner or operator  in
32        a  CAAPP  permit,  the owner or operator may petition the
33        Board  to  establish  whether  the  emission   limitation
34        proposal  submitted by the owner or operator provides for
 
                            -69-     LRB093 02591 EFG 12625 a
 1        emission limitations which are equivalent to the emission
 2        limitations  that  would  apply  to  the  source  if  the
 3        emission standard had been  promulgated  by  USEPA  in  a
 4        timely  manner.   The  Board  shall determine whether the
 5        emission limitation proposed by the owner or operator  or
 6        an alternative emission limitation proposed by the Agency
 7        provides  for the level of control required under Section
 8        112 of the Clean Air Act, or shall otherwise establish an
 9        appropriate emission limitation, pursuant to Section  112
10        of the Clean Air Act.
11             b.  Any Board proceeding brought under paragraph (a)
12        or (e) of this subsection shall be conducted according to
13        the  Board's procedures for adjudicatory hearings and the
14        Board shall render its decision within 120  days  of  the
15        filing  of  the  petition.   Any  such  decision shall be
16        subject to review  pursuant to Section 41  of  this  Act.
17        Where  USEPA  promulgates an applicable emission standard
18        prior to the issuance of the  CAAPP  permit,  the  Agency
19        shall  include  in  the  permit the promulgated standard,
20        provided that the source shall have the compliance period
21        provided under Section 112(i) of the Clean Air Act. Where
22        USEPA promulgates an applicable  standard  subsequent  to
23        the issuance of the CAAPP permit, the Agency shall revise
24        such   permit  upon  the  next  renewal  to  reflect  the
25        promulgated standard, providing a reasonable time for the
26        applicable source to comply with  the  standard,  but  no
27        longer than 8 years after the date on which the source is
28        first  required  to  comply with the emissions limitation
29        established under this subsection.
30             c.  The Agency shall have the authority to implement
31        and  enforce  complete  or  partial  emission   standards
32        promulgated  by  USEPA  pursuant  to  Section 112(d), and
33        standards  promulgated  by  USEPA  pursuant  to  Sections
34        112(f),  112(h),  112(m),  and  112(n),  and  may  accept
 
                            -70-     LRB093 02591 EFG 12625 a
 1        delegation of  authority  from  USEPA  to  implement  and
 2        enforce   Section   112(l)   and   requirements  for  the
 3        prevention and detection of accidental releases  pursuant
 4        to Section 112(r) of the Clean Air Act.
 5             d.  The  Agency  shall  have  the authority to issue
 6        permits pursuant to Section 112(i)(5) of  the  Clean  Air
 7        Act.
 8             e.  The   Agency  has  the  authority  to  implement
 9        Section 112(g) of the Clean Air Act consistent  with  the
10        Clean   Air   Act  and  federal  regulations  promulgated
11        thereunder. If the Agency refuses to include the emission
12        limitations proposed in an application  submitted  by  an
13        owner  or  operator for a case-by-case maximum achievable
14        control technology (MACT)  determination,  the  owner  or
15        operator  may petition the Board to determine whether the
16        emission limitation proposed by the owner or operator  or
17        an alternative emission limitation proposed by the Agency
18        provides  for  a level of control required by Section 112
19        of the Clean  Air  Act,  or  to  otherwise  establish  an
20        appropriate  emission limitation under Section 112 of the
21        Clean Air Act.

22        20.  Small Business.
23             a.  For purposes of this subsection:
24             "Program" is the Small  Business  Stationary  Source
25        Technical and Environmental Compliance Assistance Program
26        created  within this State pursuant to Section 507 of the
27        Clean Air Act and  guidance  promulgated  thereunder,  to
28        provide  technical  assistance and compliance information
29        to small business stationary sources;
30             "Small Business Assistance Program" is  a  component
31        of  the  Program  responsible  for  providing  sufficient
32        communications   with   small   businesses   through  the
33        collection and  dissemination  of  information  to  small
34        business stationary sources; and
 
                            -71-     LRB093 02591 EFG 12625 a
 1             "Small   Business   Stationary   Source"   means   a
 2        stationary source that:
 3                  1.  is  owned  or  operated  by  a  person that
 4             employs 100 or fewer individuals;
 5                  2.  is a small business concern as  defined  in
 6             the "Small Business Act";
 7                  3.  is  not  a  major  source  as  that term is
 8             defined in subsection 2 of this Section;
 9                  4.  does not emit 50 tons or more per  year  of
10             any regulated air pollutant; and
11                  5.  emits  less  than  75  tons per year of all
12             regulated pollutants.
13             b.  The Agency shall  adopt  and  submit  to  USEPA,
14        after   reasonable  notice  and  opportunity  for  public
15        comment,  as   a   revision   to   the   Illinois   state
16        implementation plan, plans for establishing the Program.
17             c.  The  Agency  shall  have  the authority to enter
18        into such contracts and agreements as  the  Agency  deems
19        necessary to carry out the purposes of this subsection.
20             d.  The  Agency  may establish such procedures as it
21        may deem necessary for the purposes of  implementing  and
22        executing its responsibilities under this subsection.
23             e.  There   shall  be  appointed  a  Small  Business
24        Ombudsman (hereinafter in this subsection referred to  as
25        "Ombudsman")  to  monitor  the  Small Business Assistance
26        Program.  The Ombudsman shall be a nonpartisan designated
27        official,  with  the  ability  to  independently   assess
28        whether the goals of the Program are being met.
29             f.  The  State  Ombudsman Office shall be located in
30        an existing Ombudsman office within the State or  in  any
31        State Department.
32             g.  There  is  hereby  created  a  State  Compliance
33        Advisory  Panel  (hereinafter in this subsection referred
34        to as "Panel") for determining the overall  effectiveness
 
                            -72-     LRB093 02591 EFG 12625 a
 1        of  the  Small  Business  Assistance  Program within this
 2        State.
 3             h.  The selection of Panel members shall be  by  the
 4        following method:
 5                  1.  The  Governor  shall select two members who
 6             are not owners or representatives of owners of small
 7             business stationary sources to represent the general
 8             public;
 9                  2.  The Director of the Agency shall select one
10             member to represent the Agency; and
11                  3.  The State  Legislature  shall  select  four
12             members  who are owners or representatives of owners
13             of small  business  stationary  sources.   Both  the
14             majority  and  minority leadership in both Houses of
15             the Legislature shall  appoint  one  member  of  the
16             panel.
17             i.  Panel  members should serve without compensation
18        but  will  receive  full   reimbursement   for   expenses
19        including  travel  and per diem as authorized within this
20        State.
21             j.  The Panel  shall  select  its  own  Chair  by  a
22        majority  vote.   The Chair may meet and consult with the
23        Ombudsman and the head of the Small  Business  Assistance
24        Program in planning the activities for the Panel.

25        21.  Temporary Sources.
26             a.  The Agency may issue a single permit authorizing
27        emissions  from  similar  operations  by  the same source
28        owner or operator at multiple temporary locations, except
29        for  sources  which  are  affected   sources   for   acid
30        deposition under Title IV of the Clean Air Act.
31             b.  The   applicant   must   demonstrate   that  the
32        operation is temporary and  will  involve  at  least  one
33        change of location during the term of the permit.
34             c.  Any   such  permit  shall  meet  all  applicable
 
                            -73-     LRB093 02591 EFG 12625 a
 1        requirements of this Section and applicable  regulations,
 2        and  include  conditions  assuring  compliance  with  all
 3        applicable  requirements  at all authorized locations and
 4        requirements that the owner or operator notify the Agency
 5        at least 10 days in advance of each change in location.

 6        22.  Solid Waste Incineration Units.
 7             a.  A CAAPP permit for a  solid  waste  incineration
 8        unit  combusting  municipal  waste  subject  to standards
 9        promulgated under Section 129(e) of  the  Clean  Air  Act
10        shall  be  issued  for  a period of 12 years and shall be
11        reviewed every 5 years, unless the Agency  requires  more
12        frequent review through Agency procedures.
13             b.  During  the  review  in  paragraph  (a)  of this
14        subsection, the Agency shall fully review the  previously
15        submitted  CAAPP  permit  application  and  corresponding
16        reports  subsequently  submitted to determine whether the
17        source is in compliance with all applicable requirements.
18             c.  If the Agency determines that the source is  not
19        in  compliance  with all applicable requirements it shall
20        revise the CAAPP permit as appropriate.
21             d.  The Agency shall have  the  authority  to  adopt
22        procedural   rules,   in  accordance  with  the  Illinois
23        Administrative  Procedure  Act,  as  the   Agency   deems
24        necessary, to implement this subsection.
25    (Source: P.A. 92-24, eff. 7-1-01.)".