SB1943 EngrossedLRB100 11390 MJP 21799 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Plumbing License Law is amended by
5changing Section 35.5 as follows:
 
6    (225 ILCS 320/35.5)
7    Sec. 35.5. Lead in drinking water prevention.
8    (a) The General Assembly finds that lead has been detected
9in the drinking water of schools in this State. The General
10Assembly also finds that infants and young children may suffer
11adverse health effects and developmental delays as a result of
12exposure to even low levels of lead. The General Assembly
13further finds that it is in the best interests of the people of
14the State to require school districts or chief school
15administrators, or the designee of the school district or chief
16school administrator, to test for lead in drinking water in
17school buildings and provide written notification of the test
18results.
19    The purpose of this Section is to require (i) school
20districts or chief school administrators, or the designees of
21the school districts or chief school administrators, to test
22for lead with the goal of providing school building occupants
23with an adequate supply of safe, potable water; and (ii) school

 

 

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1districts or chief school administrators, or the designees of
2the school districts or chief school administrators, to notify
3the parents and legal guardians of enrolled students of the
4sampling results from their respective school buildings.
5    (b) For the purposes of this Section:
6    "Community water system" has the meaning provided in 35
7Ill. Adm. Code 611.101.
8    "School building" means any facility or portion thereof
9that was constructed on or before January 1, 2000 and may be
10occupied by more than 10 children or students, pre-kindergarten
11through grade 5, under the control of (a) a school district or
12(b) a public, private, charter, or nonpublic day or residential
13educational institution.
14    "Source of potable water" means the point at which
15non-bottled water that may be ingested by children or used for
16food preparation exits any tap, faucet, drinking fountain, wash
17basin in a classroom occupied by children or students under
18grade 1, or similar point of use; provided, however, that all
19(a) bathroom sinks and (b) wash basins used by janitorial staff
20are excluded from this definition.
21    (c) Each school district or chief school administrator, or
22the designee of each school district or chief school
23administrator, shall test each source of potable water in a
24school building for lead contamination as required in this
25subsection.
26        (1) Each school district or chief school

 

 

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1    administrator, or the designee of each school district or
2    chief school administrator, shall, at a minimum, (a)
3    collect a first-draw 250 milliliter sample of water, (b)
4    flush for 30 seconds, and (c) collect a second-draw 250
5    milliliter sample from each source of potable water located
6    at each corresponding school building; provided, however,
7    that to the extent that multiple sources of potable water
8    utilize the same drain, (i) the foregoing collection
9    protocol is required for one such source of potable water,
10    and (ii) only a first-draw 250 milliliter sample of water
11    is required from the remaining such sources of potable
12    water. The water corresponding to the first-draw 250
13    milliliter sample from each source of potable water shall
14    have been standing in the plumbing pipes for at least 8
15    hours, but not more than 18 hours, without any flushing of
16    the source of potable water before sample collection.
17        (2) Each school district or chief school
18    administrator, or the designee of each school district or
19    chief school administrator, shall arrange to have the
20    samples it collects pursuant to subdivision (1) of this
21    subsection submitted to a laboratory that is certified for
22    the analysis of lead in drinking water in accordance with
23    accreditation requirements developed by a national
24    laboratory accreditation body, such as the National
25    Environmental Laboratory Accreditation Conference (NELAC)
26    Institute (TNI). Samples submitted to laboratories

 

 

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1    pursuant to this subdivision (2) shall be analyzed for lead
2    using one of the test methods for lead that is described in
3    40 CFR 141.23(k)(1). Within 7 days after receiving a final
4    analytical result concerning a sample collected pursuant
5    to subdivision (1) of this subsection, the school district
6    or chief school administrator, or a designee of the school
7    district or chief school administrator, that collected the
8    sample shall provide the final analytical result to the
9    Department. submit or cause to be submitted (A) the samples
10    to an Illinois Environmental Protection Agency-accredited
11    laboratory for analysis for lead in accordance with the
12    instructions supplied by an Illinois Environmental
13    Protection Agency-accredited laboratory and (B) the
14    written sampling results to the Department within 7
15    business days of receipt of the results.
16        (3) If any of the samples taken in the school exceed 5
17    parts per billion, the school district or chief school
18    administrator, or the designee of the school district or
19    chief school administrator, shall promptly provide an
20    individual notification of the sampling results, via
21    written or electronic communication, to the parents or
22    legal guardians of all enrolled students and include the
23    following information: the corresponding sampling location
24    within the school building and the United States
25    Environmental Protection Agency's website for information
26    about lead in drinking water. If any of the samples taken

 

 

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1    at the school are at or below 5 parts per billion,
2    notification may be made as provided in this paragraph or
3    by posting on the school's website.
4        (4) Sampling and analysis required under this Section
5    shall be completed by the following applicable deadlines:
6    for school buildings constructed prior to January 1, 1987,
7    by December 31, 2017; and for school buildings constructed
8    between January 2, 1987 and January 1, 2000, by December
9    31, 2018.
10        (5) A school district or chief school administrator, or
11    the designee of the school district or chief school
12    administrator, may seek a waiver of the requirements of
13    this subsection from the Department, if (A) the school
14    district or chief school administrator, or the designee of
15    the school district or chief school administrator,
16    collected at least one 250 milliliter or greater sample of
17    water from each source of potable water that had been
18    standing in the plumbing pipes for at least 6 hours and
19    that was collected without flushing the source of potable
20    water before collection, (B) a an Illinois Environmental
21    Protection Agency-accredited laboratory described in
22    subdivision (2) of this subsection analyzed the samples in
23    accordance with a test method described in that
24    subdivision, (C) test results were obtained prior to the
25    effective date of this amendatory Act of the 99th General
26    Assembly, but after January 1, 2013, and (D) test results

 

 

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1    were submitted to the Department within 120 days of the
2    effective date of this amendatory Act of the 99th General
3    Assembly.
4        (6) The owner or operator of a community water system
5    may agree to pay for the cost of the laboratory analysis of
6    the samples required under this Section and may utilize the
7    lead hazard cost recovery fee under Section 11-150.1-1 of
8    the Illinois Municipal Code or other available funds to
9    defray said costs.
10        (7) Lead sampling results obtained shall not be used
11    for purposes of determining compliance with the Board's
12    rules that implement the national primary drinking water
13    regulations for lead and copper.
14    (d) By no later than June 30, 2019, the Department shall
15determine whether it is necessary and appropriate to protect
16public health to require schools constructed in whole or in
17part after January 1, 2000 to conduct testing for lead from
18sources of potable water, taking into account, among other
19relevant information, the results of testing conducted
20pursuant to this Section.
21    (e) Within 90 days of the effective date of this amendatory
22Act of the 99th General Assembly, the Department shall post on
23its website guidance on mitigation actions for lead in drinking
24water, and ongoing water management practices, in schools. In
25preparing such guidance, the Department may, in part, reference
26the United States Environmental Protection Agency's 3Ts for

 

 

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1Reducing Lead in Drinking Water in Schools.
2(Source: P.A. 99-922, eff. 1-17-17.)
 
3    Section 10. The Environmental Protection Act is amended by
4changing Sections 12.4, 21, 22.15, 22.28, 22.29, 39.5, 55, and
555.6 as follows:
 
6    (415 ILCS 5/12.4)
7    Sec. 12.4. Vegetable by-product; land application; report.
8In addition to any other requirements of this Act, a generator
9of vegetable by-products utilizing land application shall
10prepare file an annual report with the Agency identifying the
11quantity of vegetable by-products transported for land
12application during the reporting period, the hauler or haulers
13utilized for the transportation, and the sites to which the
14vegetable by-products were transported. The report must be
15retained on the premises of the generator for a minimum of 5
16calendar years after the end of the applicable reporting period
17and must, during that time, be made available to the Agency for
18inspection and copying during normal business hours.
19(Source: P.A. 88-454.)
 
20    (415 ILCS 5/21)  (from Ch. 111 1/2, par. 1021)
21    Sec. 21. Prohibited acts. No person shall:
22    (a) Cause or allow the open dumping of any waste.
23    (b) Abandon, dump, or deposit any waste upon the public

 

 

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1highways or other public property, except in a sanitary
2landfill approved by the Agency pursuant to regulations adopted
3by the Board.
4    (c) Abandon any vehicle in violation of the "Abandoned
5Vehicles Amendment to the Illinois Vehicle Code", as enacted by
6the 76th General Assembly.
7    (d) Conduct any waste-storage, waste-treatment, or
8waste-disposal operation:
9        (1) without a permit granted by the Agency or in
10    violation of any conditions imposed by such permit,
11    including periodic reports and full access to adequate
12    records and the inspection of facilities, as may be
13    necessary to assure compliance with this Act and with
14    regulations and standards adopted thereunder; provided,
15    however, that, except for municipal solid waste landfill
16    units that receive waste on or after October 9, 1993, no
17    permit shall be required for (i) any person conducting a
18    waste-storage, waste-treatment, or waste-disposal
19    operation for wastes generated by such person's own
20    activities which are stored, treated, or disposed within
21    the site where such wastes are generated, or (ii) a
22    facility located in a county with a population over 700,000
23    as of January 1, 2000, operated and located in accordance
24    with Section 22.38 of this Act, and used exclusively for
25    the transfer, storage, or treatment of general
26    construction or demolition debris, provided that the

 

 

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1    facility was receiving construction or demolition debris
2    on the effective date of this amendatory Act of the 96th
3    General Assembly;
4        (2) in violation of any regulations or standards
5    adopted by the Board under this Act; or
6        (3) which receives waste after August 31, 1988, does
7    not have a permit issued by the Agency, and is (i) a
8    landfill used exclusively for the disposal of waste
9    generated at the site, (ii) a surface impoundment receiving
10    special waste not listed in an NPDES permit, (iii) a waste
11    pile in which the total volume of waste is greater than 100
12    cubic yards or the waste is stored for over one year, or
13    (iv) a land treatment facility receiving special waste
14    generated at the site; without giving notice of the
15    operation to the Agency by January 1, 1989, or 30 days
16    after the date on which the operation commences, whichever
17    is later, and every 3 years thereafter. The form for such
18    notification shall be specified by the Agency, and shall be
19    limited to information regarding: the name and address of
20    the location of the operation; the type of operation; the
21    types and amounts of waste stored, treated or disposed of
22    on an annual basis; the remaining capacity of the
23    operation; and the remaining expected life of the
24    operation.
25    Item (3) of this subsection (d) shall not apply to any
26person engaged in agricultural activity who is disposing of a

 

 

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1substance that constitutes solid waste, if the substance was
2acquired for use by that person on his own property, and the
3substance is disposed of on his own property in accordance with
4regulations or standards adopted by the Board.
5    This subsection (d) shall not apply to hazardous waste.
6    (e) Dispose, treat, store or abandon any waste, or
7transport any waste into this State for disposal, treatment,
8storage or abandonment, except at a site or facility which
9meets the requirements of this Act and of regulations and
10standards thereunder.
11    (f) Conduct any hazardous waste-storage, hazardous
12waste-treatment or hazardous waste-disposal operation:
13        (1) without a RCRA permit for the site issued by the
14    Agency under subsection (d) of Section 39 of this Act, or
15    in violation of any condition imposed by such permit,
16    including periodic reports and full access to adequate
17    records and the inspection of facilities, as may be
18    necessary to assure compliance with this Act and with
19    regulations and standards adopted thereunder; or
20        (2) in violation of any regulations or standards
21    adopted by the Board under this Act; or
22        (3) in violation of any RCRA permit filing requirement
23    established under standards adopted by the Board under this
24    Act; or
25        (4) in violation of any order adopted by the Board
26    under this Act.

 

 

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1    Notwithstanding the above, no RCRA permit shall be required
2under this subsection or subsection (d) of Section 39 of this
3Act for any person engaged in agricultural activity who is
4disposing of a substance which has been identified as a
5hazardous waste, and which has been designated by Board
6regulations as being subject to this exception, if the
7substance was acquired for use by that person on his own
8property and the substance is disposed of on his own property
9in accordance with regulations or standards adopted by the
10Board.
11    (g) Conduct any hazardous waste-transportation operation:
12        (1) without registering with and obtaining a special
13    waste hauling permit from the Agency in accordance with the
14    regulations adopted by the Board under this Act; or
15        (2) in violation of any regulations or standards
16    adopted by the Board under this Act.
17    (h) Conduct any hazardous waste-recycling or hazardous
18waste-reclamation or hazardous waste-reuse operation in
19violation of any regulations, standards or permit requirements
20adopted by the Board under this Act.
21    (i) Conduct any process or engage in any act which produces
22hazardous waste in violation of any regulations or standards
23adopted by the Board under subsections (a) and (c) of Section
2422.4 of this Act.
25    (j) Conduct any special waste transportation operation in
26violation of any regulations, standards or permit requirements

 

 

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1adopted by the Board under this Act. However, sludge from a
2water or sewage treatment plant owned and operated by a unit of
3local government which (1) is subject to a sludge management
4plan approved by the Agency or a permit granted by the Agency,
5and (2) has been tested and determined not to be a hazardous
6waste as required by applicable State and federal laws and
7regulations, may be transported in this State without a special
8waste hauling permit, and the preparation and carrying of a
9manifest shall not be required for such sludge under the rules
10of the Pollution Control Board. The unit of local government
11which operates the treatment plant producing such sludge shall
12file an annual a semiannual report with the Agency identifying
13the volume of such sludge transported during the reporting
14period, the hauler of the sludge, and the disposal sites to
15which it was transported. This subsection (j) shall not apply
16to hazardous waste.
17    (k) Fail or refuse to pay any fee imposed under this Act.
18    (l) Locate a hazardous waste disposal site above an active
19or inactive shaft or tunneled mine or within 2 miles of an
20active fault in the earth's crust. In counties of population
21less than 225,000 no hazardous waste disposal site shall be
22located (1) within 1 1/2 miles of the corporate limits as
23defined on June 30, 1978, of any municipality without the
24approval of the governing body of the municipality in an
25official action; or (2) within 1000 feet of an existing private
26well or the existing source of a public water supply measured

 

 

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1from the boundary of the actual active permitted site and
2excluding existing private wells on the property of the permit
3applicant. The provisions of this subsection do not apply to
4publicly-owned sewage works or the disposal or utilization of
5sludge from publicly-owned sewage works.
6    (m) Transfer interest in any land which has been used as a
7hazardous waste disposal site without written notification to
8the Agency of the transfer and to the transferee of the
9conditions imposed by the Agency upon its use under subsection
10(g) of Section 39.
11    (n) Use any land which has been used as a hazardous waste
12disposal site except in compliance with conditions imposed by
13the Agency under subsection (g) of Section 39.
14    (o) Conduct a sanitary landfill operation which is required
15to have a permit under subsection (d) of this Section, in a
16manner which results in any of the following conditions:
17        (1) refuse in standing or flowing waters;
18        (2) leachate flows entering waters of the State;
19        (3) leachate flows exiting the landfill confines (as
20    determined by the boundaries established for the landfill
21    by a permit issued by the Agency);
22        (4) open burning of refuse in violation of Section 9 of
23    this Act;
24        (5) uncovered refuse remaining from any previous
25    operating day or at the conclusion of any operating day,
26    unless authorized by permit;

 

 

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1        (6) failure to provide final cover within time limits
2    established by Board regulations;
3        (7) acceptance of wastes without necessary permits;
4        (8) scavenging as defined by Board regulations;
5        (9) deposition of refuse in any unpermitted portion of
6    the landfill;
7        (10) acceptance of a special waste without a required
8    manifest;
9        (11) failure to submit reports required by permits or
10    Board regulations;
11        (12) failure to collect and contain litter from the
12    site by the end of each operating day;
13        (13) failure to submit any cost estimate for the site
14    or any performance bond or other security for the site as
15    required by this Act or Board rules.
16    The prohibitions specified in this subsection (o) shall be
17enforceable by the Agency either by administrative citation
18under Section 31.1 of this Act or as otherwise provided by this
19Act. The specific prohibitions in this subsection do not limit
20the power of the Board to establish regulations or standards
21applicable to sanitary landfills.
22    (p) In violation of subdivision (a) of this Section, cause
23or allow the open dumping of any waste in a manner which
24results in any of the following occurrences at the dump site:
25        (1) litter;
26        (2) scavenging;

 

 

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1        (3) open burning;
2        (4) deposition of waste in standing or flowing waters;
3        (5) proliferation of disease vectors;
4        (6) standing or flowing liquid discharge from the dump
5    site;
6        (7) deposition of:
7            (i) general construction or demolition debris as
8        defined in Section 3.160(a) of this Act; or
9            (ii) clean construction or demolition debris as
10        defined in Section 3.160(b) of this Act.
11    The prohibitions specified in this subsection (p) shall be
12enforceable by the Agency either by administrative citation
13under Section 31.1 of this Act or as otherwise provided by this
14Act. The specific prohibitions in this subsection do not limit
15the power of the Board to establish regulations or standards
16applicable to open dumping.
17    (q) Conduct a landscape waste composting operation without
18an Agency permit, provided, however, that no permit shall be
19required for any person:
20        (1) conducting a landscape waste composting operation
21    for landscape wastes generated by such person's own
22    activities which are stored, treated, or disposed of within
23    the site where such wastes are generated; or
24        (1.5) conducting a landscape waste composting
25    operation that (i) has no more than 25 cubic yards of
26    landscape waste, composting additives, composting

 

 

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1    material, or end-product compost on-site at any one time
2    and (ii) is not engaging in commercial activity; or
3        (2) applying landscape waste or composted landscape
4    waste at agronomic rates; or
5        (2.5) operating a landscape waste composting facility
6    at a site having 10 or more occupied non-farm residences
7    within 1/2 mile of its boundaries, if the facility meets
8    all of the following criteria:
9            (A) the composting facility is operated by the
10        farmer on property on which the composting material is
11        utilized, and the composting facility constitutes no
12        more than 2% of the site's total acreage;
13            (A-5) any composting additives that the composting
14        facility accepts and uses at the facility are necessary
15        to provide proper conditions for composting and do not
16        exceed 10% of the total composting material at the
17        facility at any one time;
18            (B) the property on which the composting facility
19        is located, and any associated property on which the
20        compost is used, is principally and diligently devoted
21        to the production of agricultural crops and is not
22        owned, leased, or otherwise controlled by any waste
23        hauler or generator of nonagricultural compost
24        materials, and the operator of the composting facility
25        is not an employee, partner, shareholder, or in any way
26        connected with or controlled by any such waste hauler

 

 

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1        or generator;
2            (C) all compost generated by the composting
3        facility is applied at agronomic rates and used as
4        mulch, fertilizer, or soil conditioner on land
5        actually farmed by the person operating the composting
6        facility, and the finished compost is not stored at the
7        composting site for a period longer than 18 months
8        prior to its application as mulch, fertilizer, or soil
9        conditioner;
10            (D) no fee is charged for the acceptance of
11        materials to be composted at the facility; and
12            (E) the owner or operator, by January 1, 2014 (or
13        the January 1 following commencement of operation,
14        whichever is later) and January 1 of each year
15        thereafter, registers the site with the Agency, (ii)
16        reports to the Agency on the volume of composting
17        material received and used at the site; (iii) certifies
18        to the Agency that the site complies with the
19        requirements set forth in subparagraphs (A), (A-5),
20        (B), (C), and (D) of this paragraph (2.5); and (iv)
21        certifies to the Agency that all composting material
22        was placed more than 200 feet from the nearest potable
23        water supply well, was placed outside the boundary of
24        the 10-year floodplain or on a part of the site that is
25        floodproofed, was placed at least 1/4 mile from the
26        nearest residence (other than a residence located on

 

 

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1        the same property as the facility) or a lesser distance
2        from the nearest residence (other than a residence
3        located on the same property as the facility) if the
4        municipality in which the facility is located has by
5        ordinance approved a lesser distance than 1/4 mile, and
6        was placed more than 5 feet above the water table; any
7        ordinance approving a residential setback of less than
8        1/4 mile that is used to meet the requirements of this
9        subparagraph (E) of paragraph (2.5) of this subsection
10        must specifically reference this paragraph; or
11        (3) operating a landscape waste composting facility on
12    a farm, if the facility meets all of the following
13    criteria:
14            (A) the composting facility is operated by the
15        farmer on property on which the composting material is
16        utilized, and the composting facility constitutes no
17        more than 2% of the property's total acreage, except
18        that the Board may allow a higher percentage for
19        individual sites where the owner or operator has
20        demonstrated to the Board that the site's soil
21        characteristics or crop needs require a higher rate;
22            (A-1) the composting facility accepts from other
23        agricultural operations for composting with landscape
24        waste no materials other than uncontaminated and
25        source-separated (i) crop residue and other
26        agricultural plant residue generated from the

 

 

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1        production and harvesting of crops and other customary
2        farm practices, including, but not limited to, stalks,
3        leaves, seed pods, husks, bagasse, and roots and (ii)
4        plant-derived animal bedding, such as straw or
5        sawdust, that is free of manure and was not made from
6        painted or treated wood;
7            (A-2) any composting additives that the composting
8        facility accepts and uses at the facility are necessary
9        to provide proper conditions for composting and do not
10        exceed 10% of the total composting material at the
11        facility at any one time;
12            (B) the property on which the composting facility
13        is located, and any associated property on which the
14        compost is used, is principally and diligently devoted
15        to the production of agricultural crops and is not
16        owned, leased or otherwise controlled by any waste
17        hauler or generator of nonagricultural compost
18        materials, and the operator of the composting facility
19        is not an employee, partner, shareholder, or in any way
20        connected with or controlled by any such waste hauler
21        or generator;
22            (C) all compost generated by the composting
23        facility is applied at agronomic rates and used as
24        mulch, fertilizer or soil conditioner on land actually
25        farmed by the person operating the composting
26        facility, and the finished compost is not stored at the

 

 

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1        composting site for a period longer than 18 months
2        prior to its application as mulch, fertilizer, or soil
3        conditioner;
4            (D) the owner or operator, by January 1 of each
5        year, (i) registers the site with the Agency, (ii)
6        reports to the Agency on the volume of composting
7        material received and used at the site, (iii) certifies
8        to the Agency that the site complies with the
9        requirements set forth in subparagraphs (A), (A-1),
10        (A-2), (B), and (C) of this paragraph (q)(3), and (iv)
11        certifies to the Agency that all composting material:
12                (I) was placed more than 200 feet from the
13            nearest potable water supply well;
14                (II) was placed outside the boundary of the
15            10-year floodplain or on a part of the site that is
16            floodproofed;
17                (III) was placed either (aa) at least 1/4 mile
18            from the nearest residence (other than a residence
19            located on the same property as the facility) and
20            there are not more than 10 occupied non-farm
21            residences within 1/2 mile of the boundaries of the
22            site on the date of application or (bb) a lesser
23            distance from the nearest residence (other than a
24            residence located on the same property as the
25            facility) provided that the municipality or county
26            in which the facility is located has by ordinance

 

 

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1            approved a lesser distance than 1/4 mile and there
2            are not more than 10 occupied non-farm residences
3            within 1/2 mile of the boundaries of the site on
4            the date of application; and
5                (IV) was placed more than 5 feet above the
6            water table.
7            Any ordinance approving a residential setback of
8        less than 1/4 mile that is used to meet the
9        requirements of this subparagraph (D) must
10        specifically reference this subparagraph.
11    For the purposes of this subsection (q), "agronomic rates"
12means the application of not more than 20 tons per acre per
13year, except that the Board may allow a higher rate for
14individual sites where the owner or operator has demonstrated
15to the Board that the site's soil characteristics or crop needs
16require a higher rate.
17    (r) Cause or allow the storage or disposal of coal
18combustion waste unless:
19        (1) such waste is stored or disposed of at a site or
20    facility for which a permit has been obtained or is not
21    otherwise required under subsection (d) of this Section; or
22        (2) such waste is stored or disposed of as a part of
23    the design and reclamation of a site or facility which is
24    an abandoned mine site in accordance with the Abandoned
25    Mined Lands and Water Reclamation Act; or
26        (3) such waste is stored or disposed of at a site or

 

 

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1    facility which is operating under NPDES and Subtitle D
2    permits issued by the Agency pursuant to regulations
3    adopted by the Board for mine-related water pollution and
4    permits issued pursuant to the Federal Surface Mining
5    Control and Reclamation Act of 1977 (P.L. 95-87) or the
6    rules and regulations thereunder or any law or rule or
7    regulation adopted by the State of Illinois pursuant
8    thereto, and the owner or operator of the facility agrees
9    to accept the waste; and either
10            (i) such waste is stored or disposed of in
11        accordance with requirements applicable to refuse
12        disposal under regulations adopted by the Board for
13        mine-related water pollution and pursuant to NPDES and
14        Subtitle D permits issued by the Agency under such
15        regulations; or
16            (ii) the owner or operator of the facility
17        demonstrates all of the following to the Agency, and
18        the facility is operated in accordance with the
19        demonstration as approved by the Agency: (1) the
20        disposal area will be covered in a manner that will
21        support continuous vegetation, (2) the facility will
22        be adequately protected from wind and water erosion,
23        (3) the pH will be maintained so as to prevent
24        excessive leaching of metal ions, and (4) adequate
25        containment or other measures will be provided to
26        protect surface water and groundwater from

 

 

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1        contamination at levels prohibited by this Act, the
2        Illinois Groundwater Protection Act, or regulations
3        adopted pursuant thereto.
4    Notwithstanding any other provision of this Title, the
5disposal of coal combustion waste pursuant to item (2) or (3)
6of this subdivision (r) shall be exempt from the other
7provisions of this Title V, and notwithstanding the provisions
8of Title X of this Act, the Agency is authorized to grant
9experimental permits which include provision for the disposal
10of wastes from the combustion of coal and other materials
11pursuant to items (2) and (3) of this subdivision (r).
12    (s) After April 1, 1989, offer for transportation,
13transport, deliver, receive or accept special waste for which a
14manifest is required, unless the manifest indicates that the
15fee required under Section 22.8 of this Act has been paid.
16    (t) Cause or allow a lateral expansion of a municipal solid
17waste landfill unit on or after October 9, 1993, without a
18permit modification, granted by the Agency, that authorizes the
19lateral expansion.
20    (u) Conduct any vegetable by-product treatment, storage,
21disposal or transportation operation in violation of any
22regulation, standards or permit requirements adopted by the
23Board under this Act. However, no permit shall be required
24under this Title V for the land application of vegetable
25by-products conducted pursuant to Agency permit issued under
26Title III of this Act to the generator of the vegetable

 

 

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1by-products. In addition, vegetable by-products may be
2transported in this State without a special waste hauling
3permit, and without the preparation and carrying of a manifest.
4    (v) (Blank).
5    (w) Conduct any generation, transportation, or recycling
6of construction or demolition debris, clean or general, or
7uncontaminated soil generated during construction, remodeling,
8repair, and demolition of utilities, structures, and roads that
9is not commingled with any waste, without the maintenance of
10documentation identifying the hauler, generator, place of
11origin of the debris or soil, the weight or volume of the
12debris or soil, and the location, owner, and operator of the
13facility where the debris or soil was transferred, disposed,
14recycled, or treated. This documentation must be maintained by
15the generator, transporter, or recycler for 3 years. This
16subsection (w) shall not apply to (1) a permitted pollution
17control facility that transfers or accepts construction or
18demolition debris, clean or general, or uncontaminated soil for
19final disposal, recycling, or treatment, (2) a public utility
20(as that term is defined in the Public Utilities Act) or a
21municipal utility, (3) the Illinois Department of
22Transportation, or (4) a municipality or a county highway
23department, with the exception of any municipality or county
24highway department located within a county having a population
25of over 3,000,000 inhabitants or located in a county that is
26contiguous to a county having a population of over 3,000,000

 

 

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1inhabitants; but it shall apply to an entity that contracts
2with a public utility, a municipal utility, the Illinois
3Department of Transportation, or a municipality or a county
4highway department. The terms "generation" and "recycling" as
5used in this subsection do not apply to clean construction or
6demolition debris when (i) used as fill material below grade
7outside of a setback zone if covered by sufficient
8uncontaminated soil to support vegetation within 30 days of the
9completion of filling or if covered by a road or structure,
10(ii) solely broken concrete without protruding metal bars is
11used for erosion control, or (iii) milled asphalt or crushed
12concrete is used as aggregate in construction of the shoulder
13of a roadway. The terms "generation" and "recycling", as used
14in this subsection, do not apply to uncontaminated soil that is
15not commingled with any waste when (i) used as fill material
16below grade or contoured to grade, or (ii) used at the site of
17generation.
18(Source: P.A. 97-220, eff. 7-28-11; 98-239, eff. 8-9-13;
1998-484, eff. 8-16-13; 98-756, eff. 7-16-14.)
 
20    (415 ILCS 5/22.15)  (from Ch. 111 1/2, par. 1022.15)
21    Sec. 22.15. Solid Waste Management Fund; fees.
22    (a) There is hereby created within the State Treasury a
23special fund to be known as the "Solid Waste Management Fund",
24to be constituted from the fees collected by the State pursuant
25to this Section and from repayments of loans made from the Fund

 

 

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1for solid waste projects. Moneys received by the Department of
2Commerce and Economic Opportunity in repayment of loans made
3pursuant to the Illinois Solid Waste Management Act shall be
4deposited into the General Revenue Fund.
5    (b) The Agency shall assess and collect a fee in the amount
6set forth herein from the owner or operator of each sanitary
7landfill permitted or required to be permitted by the Agency to
8dispose of solid waste if the sanitary landfill is located off
9the site where such waste was produced and if such sanitary
10landfill is owned, controlled, and operated by a person other
11than the generator of such waste. The Agency shall deposit all
12fees collected into the Solid Waste Management Fund. If a site
13is contiguous to one or more landfills owned or operated by the
14same person, the volumes permanently disposed of by each
15landfill shall be combined for purposes of determining the fee
16under this subsection.
17        (1) If more than 150,000 cubic yards of non-hazardous
18    solid waste is permanently disposed of at a site in a
19    calendar year, the owner or operator shall either pay a fee
20    of 95 cents per cubic yard or, alternatively, the owner or
21    operator may weigh the quantity of the solid waste
22    permanently disposed of with a device for which
23    certification has been obtained under the Weights and
24    Measures Act and pay a fee of $2.00 per ton of solid waste
25    permanently disposed of. In no case shall the fee collected
26    or paid by the owner or operator under this paragraph

 

 

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1    exceed $1.55 per cubic yard or $3.27 per ton.
2        (2) If more than 100,000 cubic yards but not more than
3    150,000 cubic yards of non-hazardous waste is permanently
4    disposed of at a site in a calendar year, the owner or
5    operator shall pay a fee of $52,630.
6        (3) If more than 50,000 cubic yards but not more than
7    100,000 cubic yards of non-hazardous solid waste is
8    permanently disposed of at a site in a calendar year, the
9    owner or operator shall pay a fee of $23,790.
10        (4) If more than 10,000 cubic yards but not more than
11    50,000 cubic yards of non-hazardous solid waste is
12    permanently disposed of at a site in a calendar year, the
13    owner or operator shall pay a fee of $7,260.
14        (5) If not more than 10,000 cubic yards of
15    non-hazardous solid waste is permanently disposed of at a
16    site in a calendar year, the owner or operator shall pay a
17    fee of $1050.
18    (c) (Blank).
19    (d) The Agency shall establish rules relating to the
20collection of the fees authorized by this Section. Such rules
21shall include, but not be limited to:
22        (1) necessary records identifying the quantities of
23    solid waste received or disposed;
24        (2) the form and submission of reports to accompany the
25    payment of fees to the Agency;
26        (3) the time and manner of payment of fees to the

 

 

SB1943 Engrossed- 28 -LRB100 11390 MJP 21799 b

1    Agency, which payments shall not be more often than
2    quarterly; and
3        (4) procedures setting forth criteria establishing
4    when an owner or operator may measure by weight or volume
5    during any given quarter or other fee payment period.
6    (e) Pursuant to appropriation, all monies in the Solid
7Waste Management Fund shall be used by the Agency and the
8Department of Commerce and Economic Opportunity for the
9purposes set forth in this Section and in the Illinois Solid
10Waste Management Act, including for the costs of fee collection
11and administration.
12    (f) The Agency is authorized to enter into such agreements
13and to promulgate such rules as are necessary to carry out its
14duties under this Section and the Illinois Solid Waste
15Management Act.
16    (g) On the first day of January, April, July, and October
17of each year, beginning on July 1, 1996, the State Comptroller
18and Treasurer shall transfer $500,000 from the Solid Waste
19Management Fund to the Hazardous Waste Fund. Moneys transferred
20under this subsection (g) shall be used only for the purposes
21set forth in item (1) of subsection (d) of Section 22.2.
22    (h) The Agency is authorized to provide financial
23assistance to units of local government for the performance of
24inspecting, investigating and enforcement activities pursuant
25to Section 4(r) at nonhazardous solid waste disposal sites.
26    (i) The Agency is authorized to support the operations of

 

 

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1an industrial materials exchange service, and to conduct
2household waste collection and disposal programs.
3    (j) A unit of local government, as defined in the Local
4Solid Waste Disposal Act, in which a solid waste disposal
5facility is located may establish a fee, tax, or surcharge with
6regard to the permanent disposal of solid waste. All fees,
7taxes, and surcharges collected under this subsection shall be
8utilized for solid waste management purposes, including
9long-term monitoring and maintenance of landfills, planning,
10implementation, inspection, enforcement and other activities
11consistent with the Solid Waste Management Act and the Local
12Solid Waste Disposal Act, or for any other environment-related
13purpose, including but not limited to an environment-related
14public works project, but not for the construction of a new
15pollution control facility other than a household hazardous
16waste facility. However, the total fee, tax or surcharge
17imposed by all units of local government under this subsection
18(j) upon the solid waste disposal facility shall not exceed:
19        (1) 60 per cubic yard if more than 150,000 cubic yards
20    of non-hazardous solid waste is permanently disposed of at
21    the site in a calendar year, unless the owner or operator
22    weighs the quantity of the solid waste received with a
23    device for which certification has been obtained under the
24    Weights and Measures Act, in which case the fee shall not
25    exceed $1.27 per ton of solid waste permanently disposed
26    of.

 

 

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1        (2) $33,350 if more than 100,000 cubic yards, but not
2    more than 150,000 cubic yards, of non-hazardous waste is
3    permanently disposed of at the site in a calendar year.
4        (3) $15,500 if more than 50,000 cubic yards, but not
5    more than 100,000 cubic yards, of non-hazardous solid waste
6    is permanently disposed of at the site in a calendar year.
7        (4) $4,650 if more than 10,000 cubic yards, but not
8    more than 50,000 cubic yards, of non-hazardous solid waste
9    is permanently disposed of at the site in a calendar year.
10        (5) $$650 if not more than 10,000 cubic yards of
11    non-hazardous solid waste is permanently disposed of at the
12    site in a calendar year.
13    The corporate authorities of the unit of local government
14may use proceeds from the fee, tax, or surcharge to reimburse a
15highway commissioner whose road district lies wholly or
16partially within the corporate limits of the unit of local
17government for expenses incurred in the removal of
18nonhazardous, nonfluid municipal waste that has been dumped on
19public property in violation of a State law or local ordinance.
20    A county or Municipal Joint Action Agency that imposes a
21fee, tax, or surcharge under this subsection may use the
22proceeds thereof to reimburse a municipality that lies wholly
23or partially within its boundaries for expenses incurred in the
24removal of nonhazardous, nonfluid municipal waste that has been
25dumped on public property in violation of a State law or local
26ordinance.

 

 

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1    If the fees are to be used to conduct a local sanitary
2landfill inspection or enforcement program, the unit of local
3government must enter into a written delegation agreement with
4the Agency pursuant to subsection (r) of Section 4. The unit of
5local government and the Agency shall enter into such a written
6delegation agreement within 60 days after the establishment of
7such fees. At least annually, the Agency shall conduct an audit
8of the expenditures made by units of local government from the
9funds granted by the Agency to the units of local government
10for purposes of local sanitary landfill inspection and
11enforcement programs, to ensure that the funds have been
12expended for the prescribed purposes under the grant.
13    The fees, taxes or surcharges collected under this
14subsection (j) shall be placed by the unit of local government
15in a separate fund, and the interest received on the moneys in
16the fund shall be credited to the fund. The monies in the fund
17may be accumulated over a period of years to be expended in
18accordance with this subsection.
19    A unit of local government, as defined in the Local Solid
20Waste Disposal Act, shall prepare and distribute to the Agency,
21in April of each year, a report that details spending plans for
22monies collected in accordance with this subsection. The report
23will at a minimum include the following:
24        (1) The total monies collected pursuant to this
25    subsection.
26        (2) The most current balance of monies collected

 

 

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1    pursuant to this subsection.
2        (3) An itemized accounting of all monies expended for
3    the previous year pursuant to this subsection.
4        (4) An estimation of monies to be collected for the
5    following 3 years pursuant to this subsection.
6        (5) A narrative detailing the general direction and
7    scope of future expenditures for one, 2 and 3 years.
8    The exemptions granted under Sections 22.16 and 22.16a, and
9under subsection (k) of this Section, shall be applicable to
10any fee, tax or surcharge imposed under this subsection (j);
11except that the fee, tax or surcharge authorized to be imposed
12under this subsection (j) may be made applicable by a unit of
13local government to the permanent disposal of solid waste after
14December 31, 1986, under any contract lawfully executed before
15June 1, 1986 under which more than 150,000 cubic yards (or
1650,000 tons) of solid waste is to be permanently disposed of,
17even though the waste is exempt from the fee imposed by the
18State under subsection (b) of this Section pursuant to an
19exemption granted under Section 22.16.
20    (k) In accordance with the findings and purposes of the
21Illinois Solid Waste Management Act, beginning January 1, 1989
22the fee under subsection (b) and the fee, tax or surcharge
23under subsection (j) shall not apply to:
24        (1) Waste which is hazardous waste; or
25        (2) Waste which is pollution control waste; or
26        (3) Waste from recycling, reclamation or reuse

 

 

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1    processes which have been approved by the Agency as being
2    designed to remove any contaminant from wastes so as to
3    render such wastes reusable, provided that the process
4    renders at least 50% of the waste reusable; or
5        (4) Non-hazardous solid waste that is received at a
6    sanitary landfill and composted or recycled through a
7    process permitted by the Agency; or
8        (5) Any landfill which is permitted by the Agency to
9    receive only demolition or construction debris or
10    landscape waste.
11(Source: P.A. 97-333, eff. 8-12-11.)
 
12    (415 ILCS 5/22.28)  (from Ch. 111 1/2, par. 1022.28)
13    Sec. 22.28. White goods.
14    (a) No Beginning July 1, 1994, no person shall knowingly
15offer for collection or collect white goods for the purpose of
16disposal by landfilling unless the white good components have
17been removed.
18    (b) No Beginning July 1, 1994, no owner or operator of a
19landfill shall accept any white goods for final disposal,
20except that white goods may be accepted if:
21        (1) (blank); the landfill participates in the
22    Industrial Materials Exchange Service by communicating the
23    availability of white goods;
24        (2) prior to final disposal, any white good components
25    have been removed from the white goods; and

 

 

SB1943 Engrossed- 34 -LRB100 11390 MJP 21799 b

1        (3) if white good components are removed from the white
2    goods at the landfill, a site operating plan satisfying
3    this Act has been approved under the landfill's site
4    operating permit and the conditions of the such operating
5    plan are met.
6    (c) For the purposes of this Section:
7        (1) "White goods" shall include all discarded
8    refrigerators, ranges, water heaters, freezers, air
9    conditioners, humidifiers and other similar domestic and
10    commercial large appliances.
11        (2) "White good components" shall include:
12            (i) any chlorofluorocarbon refrigerant gas;
13            (ii) any electrical switch containing mercury;
14            (iii) any device that contains or may contain PCBs
15        in a closed system, such as a dielectric fluid for a
16        capacitor, ballast or other component; and
17            (iv) any fluorescent lamp that contains mercury.
18    (d) The Agency is authorized to provide financial
19assistance to units of local government from the Solid Waste
20Management Fund to plan for and implement programs to collect,
21transport and manage white goods. Units of local government may
22apply jointly for financial assistance under this Section.
23    Applications for such financial assistance shall be
24submitted to the Agency and must provide a description of:
25            (A) the area to be served by the program;
26            (B) the white goods intended to be included in the

 

 

SB1943 Engrossed- 35 -LRB100 11390 MJP 21799 b

1        program;
2            (C) the methods intended to be used for collecting
3        and receiving materials;
4            (D) the property, buildings, equipment and
5        personnel included in the program;
6            (E) the public education systems to be used as part
7        of the program;
8            (F) the safety and security systems that will be
9        used;
10            (G) the intended processing methods for each white
11        goods type;
12            (H) the intended destination for final material
13        handling location; and
14            (I) any staging sites used to handle collected
15        materials, the activities to be performed at such sites
16        and the procedures for assuring removal of collected
17        materials from such sites.
18    The application may be amended to reflect changes in
19operating procedures, destinations for collected materials, or
20other factors.
21    Financial assistance shall be awarded for a State fiscal
22year, and may be renewed, upon application, if the Agency
23approves the operation of the program.
24    (e) All materials collected or received under a program
25operated with financial assistance under this Section shall be
26recycled whenever possible. Treatment or disposal of collected

 

 

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1materials are not eligible for financial assistance unless the
2applicant shows and the Agency approves which materials may be
3treated or disposed of under various conditions.
4    Any revenue from the sale of materials collected under such
5a program shall be retained by the unit of local government and
6may be used only for the same purposes as the financial
7assistance under this Section.
8    (f) The Agency is authorized to adopt rules necessary or
9appropriate to the administration of this Section.
10    (g) (Blank).
11(Source: P.A. 91-798, eff. 7-9-00; revised 10-6-16.)
 
12    (415 ILCS 5/22.29)  (from Ch. 111 1/2, par. 1022.29)
13    Sec. 22.29. (a) Except as provided in subsection (c), any
14waste material generated by processing recyclable metals by
15shredding shall be managed as a special waste unless (1) a site
16operating plan has been approved by the Agency and the
17conditions of such operating plan are met; and (2) the facility
18participates in the Industrial Materials Exchange Service by
19communicating availability to process recyclable metals.
20    (b) An operating plan submitted to the Agency under this
21Section shall include the following concerning recyclable
22metals processing and components which may contaminate waste
23from shredding recyclable metals (such as lead acid batteries,
24fuel tanks, or components that contain or may contain PCB's in
25a closed system such as a capacitor or ballast):

 

 

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1        (1) procedures for inspecting recyclable metals when
2    received to assure that such components are identified;
3        (2) a list of equipment and removal procedures to be
4    used to assure proper removal of such components;
5        (3) procedures for safe storage of such components
6    after removal and any waste materials;
7        (4) procedures to assure that such components and waste
8    materials will only be stored for a period long enough to
9    accumulate the proper quantities for off-site
10    transportation;
11        (5) identification of how such components and waste
12    materials will be managed after removal from the site to
13    assure proper handling and disposal;
14        (6) procedures for sampling and analyzing waste
15    intended for disposal or off-site handling as a waste;
16        (7) a demonstration, including analytical reports,
17    that any waste generated is not a hazardous waste and will
18    not pose a present or potential threat to human health or
19    the environment.
20    (c) Any waste generated as a result of processing
21recyclable metals by shredding which is determined to be
22hazardous waste shall be managed as a hazardous waste.
23    (d) The Agency is authorized to adopt rules necessary or
24appropriate to the administration of this Section.
25(Source: P.A. 87-806; 87-895.)
 

 

 

SB1943 Engrossed- 38 -LRB100 11390 MJP 21799 b

1    (415 ILCS 5/39.5)  (from Ch. 111 1/2, par. 1039.5)
2    Sec. 39.5. Clean Air Act Permit Program.
3    1. Definitions. For purposes of this Section:
4    "Administrative permit amendment" means a permit revision
5subject to subsection 13 of this Section.
6    "Affected source for acid deposition" means a source that
7includes one or more affected units under Title IV of the Clean
8Air Act.
9    "Affected States" for purposes of formal distribution of a
10draft CAAPP permit to other States for comments prior to
11issuance, means all States:
12        (1) Whose air quality may be affected by the source
13    covered by the draft permit and that are contiguous to
14    Illinois; or
15        (2) That are within 50 miles of the source.
16    "Affected unit for acid deposition" shall have the meaning
17given to the term "affected unit" in the regulations
18promulgated under Title IV of the Clean Air Act.
19    "Applicable Clean Air Act requirement" means all of the
20following as they apply to emissions units in a source
21(including regulations that have been promulgated or approved
22by USEPA pursuant to the Clean Air Act which directly impose
23requirements upon a source and other such federal requirements
24which have been adopted by the Board. These may include
25requirements and regulations which have future effective
26compliance dates. Requirements and regulations will be exempt

 

 

SB1943 Engrossed- 39 -LRB100 11390 MJP 21799 b

1if USEPA determines that such requirements need not be
2contained in a Title V permit):
3        (1) Any standard or other requirement provided for in
4    the applicable state implementation plan approved or
5    promulgated by USEPA under Title I of the Clean Air Act
6    that implements the relevant requirements of the Clean Air
7    Act, including any revisions to the state Implementation
8    Plan promulgated in 40 CFR Part 52, Subparts A and O and
9    other subparts applicable to Illinois. For purposes of this
10    paragraph (1) of this definition, "any standard or other
11    requirement" means only such standards or requirements
12    directly enforceable against an individual source under
13    the Clean Air Act.
14        (2)(i) Any term or condition of any preconstruction
15        permits issued pursuant to regulations approved or
16        promulgated by USEPA under Title I of the Clean Air
17        Act, including Part C or D of the Clean Air Act.
18            (ii) Any term or condition as required pursuant to
19        Section 39.5 of any federally enforceable State
20        operating permit issued pursuant to regulations
21        approved or promulgated by USEPA under Title I of the
22        Clean Air Act, including Part C or D of the Clean Air
23        Act.
24        (3) Any standard or other requirement under Section 111
25    of the Clean Air Act, including Section 111(d).
26        (4) Any standard or other requirement under Section 112

 

 

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1    of the Clean Air Act, including any requirement concerning
2    accident prevention under Section 112(r)(7) of the Clean
3    Air Act.
4        (5) Any standard or other requirement of the acid rain
5    program under Title IV of the Clean Air Act or the
6    regulations promulgated thereunder.
7        (6) Any requirements established pursuant to Section
8    504(b) or Section 114(a)(3) of the Clean Air Act.
9        (7) Any standard or other requirement governing solid
10    waste incineration, under Section 129 of the Clean Air Act.
11        (8) Any standard or other requirement for consumer and
12    commercial products, under Section 183(e) of the Clean Air
13    Act.
14        (9) Any standard or other requirement for tank vessels,
15    under Section 183(f) of the Clean Air Act.
16        (10) Any standard or other requirement of the program
17    to control air pollution from Outer Continental Shelf
18    sources, under Section 328 of the Clean Air Act.
19        (11) Any standard or other requirement of the
20    regulations promulgated to protect stratospheric ozone
21    under Title VI of the Clean Air Act, unless USEPA has
22    determined that such requirements need not be contained in
23    a Title V permit.
24        (12) Any national ambient air quality standard or
25    increment or visibility requirement under Part C of Title I
26    of the Clean Air Act, but only as it would apply to

 

 

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1    temporary sources permitted pursuant to Section 504(e) of
2    the Clean Air Act.
3    "Applicable requirement" means all applicable Clean Air
4Act requirements and any other standard, limitation, or other
5requirement contained in this Act or regulations promulgated
6under this Act as applicable to sources of air contaminants
7(including requirements that have future effective compliance
8dates).
9    "CAAPP" means the Clean Air Act Permit Program, developed
10pursuant to Title V of the Clean Air Act.
11    "CAAPP application" means an application for a CAAPP
12permit.
13    "CAAPP Permit" or "permit" (unless the context suggests
14otherwise) means any permit issued, renewed, amended, modified
15or revised pursuant to Title V of the Clean Air Act.
16    "CAAPP source" means any source for which the owner or
17operator is required to obtain a CAAPP permit pursuant to
18subsection 2 of this Section.
19    "Clean Air Act" means the Clean Air Act, as now and
20hereafter amended, 42 U.S.C. 7401, et seq.
21    "Designated representative" has the meaning given to it in
22Section 402(26) of the Clean Air Act and the regulations
23promulgated thereunder, which state that the term "designated
24representative" means a responsible person or official
25authorized by the owner or operator of a unit to represent the
26owner or operator in all matters pertaining to the holding,

 

 

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1transfer, or disposition of allowances allocated to a unit, and
2the submission of and compliance with permits, permit
3applications, and compliance plans for the unit.
4    "Draft CAAPP permit" means the version of a CAAPP permit
5for which public notice and an opportunity for public comment
6and hearing is offered by the Agency.
7    "Effective date of the CAAPP" means the date that USEPA
8approves Illinois' CAAPP.
9    "Emission unit" means any part or activity of a stationary
10source that emits or has the potential to emit any air
11pollutant. This term is not meant to alter or affect the
12definition of the term "unit" for purposes of Title IV of the
13Clean Air Act.
14    "Federally enforceable" means enforceable by USEPA.
15    "Final permit action" means the Agency's granting with
16conditions, refusal to grant, renewal of, or revision of a
17CAAPP permit, the Agency's determination of incompleteness of a
18submitted CAAPP application, or the Agency's failure to act on
19an application for a permit, permit renewal, or permit revision
20within the time specified in subsection 13, subsection 14, or
21paragraph (j) of subsection 5 of this Section.
22    "General permit" means a permit issued to cover numerous
23similar sources in accordance with subsection 11 of this
24Section.
25    "Major source" means a source for which emissions of one or
26more air pollutants meet the criteria for major status pursuant

 

 

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1to paragraph (c) of subsection 2 of this Section.
2    "Maximum achievable control technology" or "MACT" means
3the maximum degree of reductions in emissions deemed achievable
4under Section 112 of the Clean Air Act.
5    "Owner or operator" means any person who owns, leases,
6operates, controls, or supervises a stationary source.
7    "Permit modification" means a revision to a CAAPP permit
8that cannot be accomplished under the provisions for
9administrative permit amendments under subsection 13 of this
10Section.
11    "Permit revision" means a permit modification or
12administrative permit amendment.
13    "Phase II" means the period of the national acid rain
14program, established under Title IV of the Clean Air Act,
15beginning January 1, 2000, and continuing thereafter.
16    "Phase II acid rain permit" means the portion of a CAAPP
17permit issued, renewed, modified, or revised by the Agency
18during Phase II for an affected source for acid deposition.
19    "Potential to emit" means the maximum capacity of a
20stationary source to emit any air pollutant under its physical
21and operational design. Any physical or operational limitation
22on the capacity of a source to emit an air pollutant, including
23air pollution control equipment and restrictions on hours of
24operation or on the type or amount of material combusted,
25stored, or processed, shall be treated as part of its design if
26the limitation is enforceable by USEPA. This definition does

 

 

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1not alter or affect the use of this term for any other purposes
2under the Clean Air Act, or the term "capacity factor" as used
3in Title IV of the Clean Air Act or the regulations promulgated
4thereunder.
5    "Preconstruction Permit" or "Construction Permit" means a
6permit which is to be obtained prior to commencing or beginning
7actual construction or modification of a source or emissions
8unit.
9    "Proposed CAAPP permit" means the version of a CAAPP permit
10that the Agency proposes to issue and forwards to USEPA for
11review in compliance with applicable requirements of the Act
12and regulations promulgated thereunder.
13    "Regulated air pollutant" means the following:
14        (1) Nitrogen oxides (NOx) or any volatile organic
15    compound.
16        (2) Any pollutant for which a national ambient air
17    quality standard has been promulgated.
18        (3) Any pollutant that is subject to any standard
19    promulgated under Section 111 of the Clean Air Act.
20        (4) Any Class I or II substance subject to a standard
21    promulgated under or established by Title VI of the Clean
22    Air Act.
23        (5) Any pollutant subject to a standard promulgated
24    under Section 112 or other requirements established under
25    Section 112 of the Clean Air Act, including Sections
26    112(g), (j) and (r).

 

 

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1            (i) Any pollutant subject to requirements under
2        Section 112(j) of the Clean Air Act. Any pollutant
3        listed under Section 112(b) for which the subject
4        source would be major shall be considered to be
5        regulated 18 months after the date on which USEPA was
6        required to promulgate an applicable standard pursuant
7        to Section 112(e) of the Clean Air Act, if USEPA fails
8        to promulgate such standard.
9            (ii) Any pollutant for which the requirements of
10        Section 112(g)(2) of the Clean Air Act have been met,
11        but only with respect to the individual source subject
12        to Section 112(g)(2) requirement.
13        (6) Greenhouse gases.
14    "Renewal" means the process by which a permit is reissued
15at the end of its term.
16    "Responsible official" means one of the following:
17        (1) For a corporation: a president, secretary,
18    treasurer, or vice-president of the corporation in charge
19    of a principal business function, or any other person who
20    performs similar policy or decision-making functions for
21    the corporation, or a duly authorized representative of
22    such person if the representative is responsible for the
23    overall operation of one or more manufacturing,
24    production, or operating facilities applying for or
25    subject to a permit and either (i) the facilities employ
26    more than 250 persons or have gross annual sales or

 

 

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1    expenditures exceeding $25 million (in second quarter 1980
2    dollars), or (ii) the delegation of authority to such
3    representative is approved in advance by the Agency.
4        (2) For a partnership or sole proprietorship: a general
5    partner or the proprietor, respectively, or in the case of
6    a partnership in which all of the partners are
7    corporations, a duly authorized representative of the
8    partnership if the representative is responsible for the
9    overall operation of one or more manufacturing,
10    production, or operating facilities applying for or
11    subject to a permit and either (i) the facilities employ
12    more than 250 persons or have gross annual sales or
13    expenditures exceeding $25 million (in second quarter 1980
14    dollars), or (ii) the delegation of authority to such
15    representative is approved in advance by the Agency.
16        (3) For a municipality, State, Federal, or other public
17    agency: either a principal executive officer or ranking
18    elected official. For the purposes of this part, a
19    principal executive officer of a Federal agency includes
20    the chief executive officer having responsibility for the
21    overall operations of a principal geographic unit of the
22    agency (e.g., a Regional Administrator of USEPA).
23        (4) For affected sources for acid deposition:
24            (i) The designated representative shall be the
25        "responsible official" in so far as actions,
26        standards, requirements, or prohibitions under Title

 

 

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1        IV of the Clean Air Act or the regulations promulgated
2        thereunder are concerned.
3            (ii) The designated representative may also be the
4        "responsible official" for any other purposes with
5        respect to air pollution control.
6    "Section 502(b)(10) changes" means changes that contravene
7express permit terms. "Section 502(b)(10) changes" do not
8include changes that would violate applicable requirements or
9contravene federally enforceable permit terms or conditions
10that are monitoring (including test methods), recordkeeping,
11reporting, or compliance certification requirements.
12    "Solid waste incineration unit" means a distinct operating
13unit of any facility which combusts any solid waste material
14from commercial or industrial establishments or the general
15public (including single and multiple residences, hotels, and
16motels). The term does not include incinerators or other units
17required to have a permit under Section 3005 of the Solid Waste
18Disposal Act. The term also does not include (A) materials
19recovery facilities (including primary or secondary smelters)
20which combust waste for the primary purpose of recovering
21metals, (B) qualifying small power production facilities, as
22defined in Section 3(17)(C) of the Federal Power Act (16 U.S.C.
23769(17)(C)), or qualifying cogeneration facilities, as defined
24in Section 3(18)(B) of the Federal Power Act (16 U.S.C.
25796(18)(B)), which burn homogeneous waste (such as units which
26burn tires or used oil, but not including refuse-derived fuel)

 

 

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1for the production of electric energy or in the case of
2qualifying cogeneration facilities which burn homogeneous
3waste for the production of electric energy and steam or forms
4of useful energy (such as heat) which are used for industrial,
5commercial, heating or cooling purposes, or (C) air curtain
6incinerators provided that such incinerators only burn wood
7wastes, yard waste and clean lumber and that such air curtain
8incinerators comply with opacity limitations to be established
9by the USEPA by rule.
10    "Source" means any stationary source (or any group of
11stationary sources) that is located on one or more contiguous
12or adjacent properties that are under common control of the
13same person (or persons under common control) and that belongs
14to a single major industrial grouping. For the purposes of
15defining "source," a stationary source or group of stationary
16sources shall be considered part of a single major industrial
17grouping if all of the pollutant emitting activities at such
18source or group of sources located on contiguous or adjacent
19properties and under common control belong to the same Major
20Group (i.e., all have the same two-digit code) as described in
21the Standard Industrial Classification Manual, 1987, or such
22pollutant emitting activities at a stationary source (or group
23of stationary sources) located on contiguous or adjacent
24properties and under common control constitute a support
25facility. The determination as to whether any group of
26stationary sources is located on contiguous or adjacent

 

 

SB1943 Engrossed- 49 -LRB100 11390 MJP 21799 b

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

 

 

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

 

 

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1    subsection (a) of Section 39 of this Act, as amended, and
2    regulations promulgated thereunder with federally
3    enforceable conditions limiting the "potential to emit" of
4    the source to a level below the major source threshold for
5    that source as described in paragraph (c) of subsection 2
6    of this Section.
7        d. The Agency shall provide an owner or operator of a
8    source which may be excluded from the CAAPP pursuant to
9    this subsection with reasonable notice that the owner or
10    operator may seek such exclusion.
11        e. The Agency shall provide such sources with the
12    necessary permit application forms.
 
13    2. Applicability.
14        a. Sources subject to this Section shall include:
15            i. Any major source as defined in paragraph (c) of
16        this subsection.
17            ii. Any source subject to a standard or other
18        requirements promulgated under Section 111 (New Source
19        Performance Standards) or Section 112 (Hazardous Air
20        Pollutants) of the Clean Air Act, except that a source
21        is not required to obtain a permit solely because it is
22        subject to regulations or requirements under Section
23        112(r) of the Clean Air Act.
24            iii. Any affected source for acid deposition, as
25        defined in subsection 1 of this Section.

 

 

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

 

 

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1        Section 61.145 (40 CFR Part 61).
2            v. Any other source categories exempted by USEPA
3        regulations pursuant to Section 502(a) of the Clean Air
4        Act.
5            vi. Major sources of greenhouse gas emissions
6        required to obtain a CAAPP permit under this Section if
7        any of the following occurs:
8                (A) enactment of federal legislation depriving
9            the Administrator of the USEPA of authority to
10            regulate greenhouse gases under the Clean Air Act;
11                (B) the issuance of any opinion, ruling,
12            judgment, order, or decree by a federal court
13            depriving the Administrator of the USEPA of
14            authority to regulate greenhouse gases under the
15            Clean Air Act; or
16                (C) action by the President of the United
17            States or the President's authorized agent,
18            including the Administrator of the USEPA, to
19            repeal or withdraw the Greenhouse Gas Tailoring
20            Rule (75 Fed. Reg. 31514, June 3, 2010).
21            If any event listed in this subparagraph (vi)
22        occurs, CAAPP permits issued after such event shall not
23        impose permit terms or conditions addressing
24        greenhouse gases during the effectiveness of any event
25        listed in subparagraph (vi). If any event listed in
26        this subparagraph (vi) occurs, any owner or operator

 

 

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1        with a CAAPP permit that includes terms or conditions
2        addressing greenhouse gases may elect to submit an
3        application to the Agency to address a revision or
4        repeal of such terms or conditions. If any owner or
5        operator submits such an application, the Agency shall
6        expeditiously process the permit application in
7        accordance with applicable laws and regulations.
8        Nothing in this subparagraph (vi) shall relieve an
9        owner or operator of a source from the requirement to
10        obtain a CAAPP permit for its emissions of regulated
11        air pollutants other than greenhouse gases, as
12        required by this Section.
13        c. For purposes of this Section the term "major source"
14    means any source that is:
15            i. A major source under Section 112 of the Clean
16        Air Act, which is defined as:
17                A. For pollutants other than radionuclides,
18            any stationary source or group of stationary
19            sources located within a contiguous area and under
20            common control that emits or has the potential to
21            emit, in the aggregate, 10 tons per year (tpy) or
22            more of any hazardous air pollutant which has been
23            listed pursuant to Section 112(b) of the Clean Air
24            Act, 25 tpy or more of any combination of such
25            hazardous air pollutants, or such lesser quantity
26            as USEPA may establish by rule. Notwithstanding

 

 

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1            the preceding sentence, emissions from any oil or
2            gas exploration or production well (with its
3            associated equipment) and emissions from any
4            pipeline compressor or pump station shall not be
5            aggregated with emissions from other similar
6            units, whether or not such units are in a
7            contiguous area or under common control, to
8            determine whether such stations are major sources.
9                B. For radionuclides, "major source" shall
10            have the meaning specified by the USEPA by rule.
11            ii. A major stationary source of air pollutants, as
12        defined in Section 302 of the Clean Air Act, that
13        directly emits or has the potential to emit, 100 tpy or
14        more of any air pollutant subject to regulation
15        (including any major source of fugitive emissions of
16        any such pollutant, as determined by rule by USEPA).
17        For purposes of this subsection, "fugitive emissions"
18        means those emissions which could not reasonably pass
19        through a stack, chimney, vent, or other
20        functionally-equivalent opening. The fugitive
21        emissions of a stationary source shall not be
22        considered in determining whether it is a major
23        stationary source for the purposes of Section 302(j) of
24        the Clean Air Act, unless the source belongs to one of
25        the following categories of stationary source:
26                A. Coal cleaning plants (with thermal dryers).

 

 

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1                B. Kraft pulp mills.
2                C. Portland cement plants.
3                D. Primary zinc smelters.
4                E. Iron and steel mills.
5                F. Primary aluminum ore reduction plants.
6                G. Primary copper smelters.
7                H. Municipal incinerators capable of charging
8            more than 250 tons of refuse per day.
9                I. Hydrofluoric, sulfuric, or nitric acid
10            plants.
11                J. Petroleum refineries.
12                K. Lime plants.
13                L. Phosphate rock processing plants.
14                M. Coke oven batteries.
15                N. Sulfur recovery plants.
16                O. Carbon black plants (furnace process).
17                P. Primary lead smelters.
18                Q. Fuel conversion plants.
19                R. Sintering plants.
20                S. Secondary metal production plants.
21                T. Chemical process plants.
22                U. Fossil-fuel boilers (or combination
23            thereof) totaling more than 250 million British
24            thermal units per hour heat input.
25                V. Petroleum storage and transfer units with a
26            total storage capacity exceeding 300,000 barrels.

 

 

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1                W. Taconite ore processing plants.
2                X. Glass fiber processing plants.
3                Y. Charcoal production plants.
4                Z. Fossil fuel-fired steam electric plants of
5            more than 250 million British thermal units per
6            hour heat input.
7                AA. All other stationary source categories,
8            which as of August 7, 1980 are being regulated by a
9            standard promulgated under Section 111 or 112 of
10            the Clean Air Act.
11                BB. Any other stationary source category
12            designated by USEPA by rule.
13            iii. A major stationary source as defined in part D
14        of Title I of the Clean Air Act including:
15                A. For ozone nonattainment areas, sources with
16            the potential to emit 100 tons or more per year of
17            volatile organic compounds or oxides of nitrogen
18            in areas classified as "marginal" or "moderate",
19            50 tons or more per year in areas classified as
20            "serious", 25 tons or more per year in areas
21            classified as "severe", and 10 tons or more per
22            year in areas classified as "extreme"; except that
23            the references in this clause to 100, 50, 25, and
24            10 tons per year of nitrogen oxides shall not apply
25            with respect to any source for which USEPA has made
26            a finding, under Section 182(f)(1) or (2) of the

 

 

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1            Clean Air Act, that requirements otherwise
2            applicable to such source under Section 182(f) of
3            the Clean Air Act do not apply. Such sources shall
4            remain subject to the major source criteria of
5            subparagraph (ii) of paragraph (c) of this
6            subsection.
7                B. For ozone transport regions established
8            pursuant to Section 184 of the Clean Air Act,
9            sources with the potential to emit 50 tons or more
10            per year of volatile organic compounds (VOCs).
11                C. For carbon monoxide nonattainment areas (1)
12            that are classified as "serious", and (2) in which
13            stationary sources contribute significantly to
14            carbon monoxide levels as determined under rules
15            issued by USEPA, sources with the potential to emit
16            50 tons or more per year of carbon monoxide.
17                D. For particulate matter (PM-10)
18            nonattainment areas classified as "serious",
19            sources with the potential to emit 70 tons or more
20            per year of PM-10.
 
21    3. Agency Authority To Issue CAAPP Permits and Federally
22Enforceable State Operating Permits.
23        a. The Agency shall issue CAAPP permits under this
24    Section consistent with the Clean Air Act and regulations
25    promulgated thereunder and this Act and regulations

 

 

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

 

 

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1    4. Transition.
2        a. An owner or operator of a CAAPP source shall not be
3    required to renew an existing State operating permit for
4    any emission unit at such CAAPP source once a CAAPP
5    application timely submitted prior to expiration of the
6    State operating permit has been deemed complete. For
7    purposes other than permit renewal, the obligation upon the
8    owner or operator of a CAAPP source to obtain a State
9    operating permit is not removed upon submittal of the
10    complete CAAPP permit application. An owner or operator of
11    a CAAPP source seeking to make a modification to a source
12    prior to the issuance of its CAAPP permit shall be required
13    to obtain a construction permit, operating permit, or both
14    as required for such modification in accordance with the
15    State permit program under subsection (a) of Section 39 of
16    this Act, as amended, and regulations promulgated
17    thereunder. The application for such construction permit,
18    operating permit, or both shall be considered an amendment
19    to the CAAPP application submitted for such source.
20        b. An owner or operator of a CAAPP source shall
21    continue to operate in accordance with the terms and
22    conditions of its applicable State operating permit
23    notwithstanding the expiration of the State operating
24    permit until the source's CAAPP permit has been issued.
25        c. An owner or operator of a CAAPP source shall submit
26    its initial CAAPP application to the Agency no later than

 

 

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1    12 months after the effective date of the CAAPP. The Agency
2    may request submittal of initial CAAPP applications during
3    this 12-month period according to a schedule set forth
4    within Agency procedures, however, in no event shall the
5    Agency require such submittal earlier than 3 months after
6    such effective date of the CAAPP. An owner or operator may
7    voluntarily submit its initial CAAPP application prior to
8    the date required within this paragraph or applicable
9    procedures, if any, subsequent to the date the Agency
10    submits the CAAPP to USEPA for approval.
11        d. The Agency shall act on initial CAAPP applications
12    in accordance with paragraph (j) of subsection 5 of this
13    Section.
14        e. For purposes of this Section, the term "initial
15    CAAPP application" shall mean the first CAAPP application
16    submitted for a source existing as of the effective date of
17    the CAAPP.
18        f. The Agency shall provide owners or operators of
19    CAAPP sources with at least 3 months advance notice of the
20    date on which their applications are required to be
21    submitted. In determining which sources shall be subject to
22    early submittal, the Agency shall include among its
23    considerations the complexity of the permit application,
24    and the burden that such early submittal will have on the
25    source.
26        g. The CAAPP permit shall upon becoming effective

 

 

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1    supersede the State operating permit.
2        h. The Agency shall have the authority to adopt
3    procedural rules, in accordance with the Illinois
4    Administrative Procedure Act, as the Agency deems
5    necessary, to implement this subsection.
 
6    5. Applications and Completeness.
7        a. An owner or operator of a CAAPP source shall submit
8    its complete CAAPP application consistent with the Act and
9    applicable regulations.
10        b. An owner or operator of a CAAPP source shall submit
11    a single complete CAAPP application covering all emission
12    units at that source.
13        c. To be deemed complete, a CAAPP application must
14    provide all information, as requested in Agency
15    application forms, sufficient to evaluate the subject
16    source and its application and to determine all applicable
17    requirements, pursuant to the Clean Air Act, and
18    regulations thereunder, this Act and regulations
19    thereunder. Such Agency application forms shall be
20    finalized and made available prior to the date on which any
21    CAAPP application is required.
22        d. An owner or operator of a CAAPP source shall submit,
23    as part of its complete CAAPP application, a compliance
24    plan, including a schedule of compliance, describing how
25    each emission unit will comply with all applicable

 

 

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1    requirements. Any such schedule of compliance shall be
2    supplemental to, and shall not sanction noncompliance
3    with, the applicable requirements on which it is based.
4        e. Each submitted CAAPP application shall be certified
5    for truth, accuracy, and completeness by a responsible
6    official in accordance with applicable regulations.
7        f. The Agency shall provide notice to a CAAPP applicant
8    as to whether a submitted CAAPP application is complete.
9    Unless the Agency notifies the applicant of
10    incompleteness, within 60 days after receipt of the CAAPP
11    application, the application shall be deemed complete. The
12    Agency may request additional information as needed to make
13    the completeness determination. The Agency may to the
14    extent practicable provide the applicant with a reasonable
15    opportunity to correct deficiencies prior to a final
16    determination of completeness.
17        g. If after the determination of completeness the
18    Agency finds that additional information is necessary to
19    evaluate or take final action on the CAAPP application, the
20    Agency may request in writing such information from the
21    source with a reasonable deadline for response.
22        h. If the owner or operator of a CAAPP source submits a
23    timely and complete CAAPP application, the source's
24    failure to have a CAAPP permit shall not be a violation of
25    this Section until the Agency takes final action on the
26    submitted CAAPP application, provided, however, where the

 

 

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1    applicant fails to submit the requested information under
2    paragraph (g) of this subsection 5 within the time frame
3    specified by the Agency, this protection shall cease to
4    apply.
5        i. Any applicant who fails to submit any relevant facts
6    necessary to evaluate the subject source and its CAAPP
7    application or who has submitted incorrect information in a
8    CAAPP application shall, upon becoming aware of such
9    failure or incorrect submittal, submit supplementary facts
10    or correct information to the Agency. In addition, an
11    applicant shall provide to the Agency additional
12    information as necessary to address any requirements which
13    become applicable to the source subsequent to the date the
14    applicant submitted its complete CAAPP application but
15    prior to release of the draft CAAPP permit.
16        j. The Agency shall issue or deny the CAAPP permit
17    within 18 months after the date of receipt of the complete
18    CAAPP application, with the following exceptions: (i)
19    permits for affected sources for acid deposition shall be
20    issued or denied within 6 months after receipt of a
21    complete application in accordance with subsection 17 of
22    this Section; (ii) the Agency shall act on initial CAAPP
23    applications within 24 months after the date of receipt of
24    the complete CAAPP application; (iii) the Agency shall act
25    on complete applications containing early reduction
26    demonstrations under Section 112(i)(5) of the Clean Air Act

 

 

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1    within 9 months of receipt of the complete CAAPP
2    application.
3        Where the Agency does not take final action on the
4    permit within the required time period, the permit shall
5    not be deemed issued; rather, the failure to act shall be
6    treated as a final permit action for purposes of judicial
7    review pursuant to Sections 40.2 and 41 of this Act.
8        k. The submittal of a complete CAAPP application shall
9    not affect the requirement that any source have a
10    preconstruction permit under Title I of the Clean Air Act.
11        l. Unless a timely and complete renewal application has
12    been submitted consistent with this subsection, a CAAPP
13    source operating upon the expiration of its CAAPP permit
14    shall be deemed to be operating without a CAAPP permit.
15    Such operation is prohibited under this Act.
16        m. Permits being renewed shall be subject to the same
17    procedural requirements, including those for public
18    participation and federal review and objection, that apply
19    to original permit issuance.
20        n. For purposes of permit renewal, a timely application
21    is one that is submitted no less than 9 months prior to the
22    date of permit expiration.
23        o. The terms and conditions of a CAAPP permit shall
24    remain in effect until the issuance of a CAAPP renewal
25    permit provided a timely and complete CAAPP application has
26    been submitted.

 

 

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1        p. The owner or operator of a CAAPP source seeking a
2    permit shield pursuant to paragraph (j) of subsection 7 of
3    this Section shall request such permit shield in the CAAPP
4    application regarding that source.
5        q. The Agency shall make available to the public all
6    documents submitted by the applicant to the Agency,
7    including each CAAPP application, compliance plan
8    (including the schedule of compliance), and emissions or
9    compliance monitoring report, with the exception of
10    information entitled to confidential treatment pursuant to
11    Section 7 of this Act.
12        r. The Agency shall use the standardized forms required
13    under Title IV of the Clean Air Act and regulations
14    promulgated thereunder for affected sources for acid
15    deposition.
16        s. An owner or operator of a CAAPP source may include
17    within its CAAPP application a request for permission to
18    operate during a startup, malfunction, or breakdown
19    consistent with applicable Board regulations.
20        t. An owner or operator of a CAAPP source, in order to
21    utilize the operational flexibility provided under
22    paragraph (l) of subsection 7 of this Section, must request
23    such use and provide the necessary information within its
24    CAAPP application.
25        u. An owner or operator of a CAAPP source which seeks
26    exclusion from the CAAPP through the imposition of

 

 

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

 

 

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1    levels no later than 9 months after the date of the
2    Agency's proposal.
3        x. The owner or operator of a new CAAPP source shall
4    submit its complete CAAPP application consistent with this
5    subsection within 12 months after commencing operation of
6    such source. The owner or operator of an existing source
7    that has been excluded from the provisions of this Section
8    under subsection 1.1 or paragraph (c) of subsection 3 of
9    this Section and that becomes subject to the CAAPP solely
10    due to a change in operation at the source shall submit its
11    complete CAAPP application consistent with this subsection
12    at least 180 days before commencing operation in accordance
13    with the change in operation.
14        y. The Agency shall have the authority to adopt
15    procedural rules, in accordance with the Illinois
16    Administrative Procedure Act, as the Agency deems
17    necessary to implement this subsection.
 
18    6. Prohibitions.
19        a. It shall be unlawful for any person to violate any
20    terms or conditions of a permit issued under this Section,
21    to operate any CAAPP source except in compliance with a
22    permit issued by the Agency under this Section or to
23    violate any other applicable requirements. All terms and
24    conditions of a permit issued under this Section are
25    enforceable by USEPA and citizens under the Clean Air Act,

 

 

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1    except those, if any, that are specifically designated as
2    not being federally enforceable in the permit pursuant to
3    paragraph (m) of subsection 7 of this Section.
4        b. After the applicable CAAPP permit or renewal
5    application submittal date, as specified in subsection 5 of
6    this Section, no person shall operate a CAAPP source
7    without a CAAPP permit unless the complete CAAPP permit or
8    renewal application for such source has been timely
9    submitted to the Agency.
10        c. No owner or operator of a CAAPP source shall cause
11    or threaten or allow the continued operation of an emission
12    source during malfunction or breakdown of the emission
13    source or related air pollution control equipment if such
14    operation would cause a violation of the standards or
15    limitations applicable to the source, unless the CAAPP
16    permit granted to the source provides for such operation
17    consistent with this Act and applicable Board regulations.
 
18    7. Permit Content.
19        a. All CAAPP permits shall contain emission
20    limitations and standards and other enforceable terms and
21    conditions, including but not limited to operational
22    requirements, and schedules for achieving compliance at
23    the earliest reasonable date, which are or will be required
24    to accomplish the purposes and provisions of this Act and
25    to assure compliance with all applicable requirements.

 

 

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1        b. The Agency shall include among such conditions
2    applicable monitoring, reporting, record keeping and
3    compliance certification requirements, as authorized by
4    paragraphs (d), (e), and (f) of this subsection, that the
5    Agency deems necessary to assure compliance with the Clean
6    Air Act, the regulations promulgated thereunder, this Act,
7    and applicable Board regulations. When monitoring,
8    reporting, record keeping, and compliance certification
9    requirements are specified within the Clean Air Act,
10    regulations promulgated thereunder, this Act, or
11    applicable regulations, such requirements shall be
12    included within the CAAPP permit. The Board shall have
13    authority to promulgate additional regulations where
14    necessary to accomplish the purposes of the Clean Air Act,
15    this Act, and regulations promulgated thereunder.
16        c. The Agency shall assure, within such conditions, the
17    use of terms, test methods, units, averaging periods, and
18    other statistical conventions consistent with the
19    applicable emission limitations, standards, and other
20    requirements contained in the permit.
21        d. To meet the requirements of this subsection with
22    respect to monitoring, the permit shall:
23            i. Incorporate and identify all applicable
24        emissions monitoring and analysis procedures or test
25        methods required under the Clean Air Act, regulations
26        promulgated thereunder, this Act, and applicable Board

 

 

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1        regulations, including any procedures and methods
2        promulgated by USEPA pursuant to Section 504(b) or
3        Section 114 (a)(3) of the Clean Air Act.
4            ii. Where the applicable requirement does not
5        require periodic testing or instrumental or
6        noninstrumental monitoring (which may consist of
7        recordkeeping designed to serve as monitoring),
8        require periodic monitoring sufficient to yield
9        reliable data from the relevant time period that is
10        representative of the source's compliance with the
11        permit, as reported pursuant to paragraph (f) of this
12        subsection. The Agency may determine that
13        recordkeeping requirements are sufficient to meet the
14        requirements of this subparagraph.
15            iii. As necessary, specify requirements concerning
16        the use, maintenance, and when appropriate,
17        installation of monitoring equipment or methods.
18        e. To meet the requirements of this subsection with
19    respect to record keeping, the permit shall incorporate and
20    identify all applicable recordkeeping requirements and
21    require, where applicable, the following:
22            i. Records of required monitoring information that
23        include the following:
24                A. The date, place and time of sampling or
25            measurements.
26                B. The date(s) analyses were performed.

 

 

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1                C. The company or entity that performed the
2            analyses.
3                D. The analytical techniques or methods used.
4                E. The results of such analyses.
5                F. The operating conditions as existing at the
6            time of sampling or measurement.
7            ii. Retention of records of all monitoring data and
8        support information for a period of at least 5 years
9        from the date of the monitoring sample, measurement,
10        report, or application. Support information includes
11        all calibration and maintenance records, original
12        strip-chart recordings for continuous monitoring
13        instrumentation, and copies of all reports required by
14        the permit.
15        f. To meet the requirements of this subsection with
16    respect to reporting, the permit shall incorporate and
17    identify all applicable reporting requirements and require
18    the following:
19            i. Submittal of reports of any required monitoring
20        every 6 months. More frequent submittals may be
21        requested by the Agency if such submittals are
22        necessary to assure compliance with this Act or
23        regulations promulgated by the Board thereunder. All
24        instances of deviations from permit requirements must
25        be clearly identified in such reports. All required
26        reports must be certified by a responsible official

 

 

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1        consistent with subsection 5 of this Section.
2            ii. Prompt reporting of deviations from permit
3        requirements, including those attributable to upset
4        conditions as defined in the permit, the probable cause
5        of such deviations, and any corrective actions or
6        preventive measures taken.
7        g. Each CAAPP permit issued under subsection 10 of this
8    Section shall include a condition prohibiting emissions
9    exceeding any allowances that the source lawfully holds
10    under Title IV of the Clean Air Act or the regulations
11    promulgated thereunder, consistent with subsection 17 of
12    this Section and applicable regulations, if any.
13        h. All CAAPP permits shall state that, where another
14    applicable requirement of the Clean Air Act is more
15    stringent than any applicable requirement of regulations
16    promulgated under Title IV of the Clean Air Act, both
17    provisions shall be incorporated into the permit and shall
18    be State and federally enforceable.
19        i. Each CAAPP permit issued under subsection 10 of this
20    Section shall include a severability clause to ensure the
21    continued validity of the various permit requirements in
22    the event of a challenge to any portions of the permit.
23        j. The following shall apply with respect to owners or
24    operators requesting a permit shield:
25            i. The Agency shall include in a CAAPP permit, when
26        requested by an applicant pursuant to paragraph (p) of

 

 

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1        subsection 5 of this Section, a provision stating that
2        compliance with the conditions of the permit shall be
3        deemed compliance with applicable requirements which
4        are applicable as of the date of release of the
5        proposed permit, provided that:
6                A. The applicable requirement is specifically
7            identified within the permit; or
8                B. The Agency in acting on the CAAPP
9            application or revision determines in writing that
10            other requirements specifically identified are not
11            applicable to the source, and the permit includes
12            that determination or a concise summary thereof.
13            ii. The permit shall identify the requirements for
14        which the source is shielded. The shield shall not
15        extend to applicable requirements which are
16        promulgated after the date of release of the proposed
17        permit unless the permit has been modified to reflect
18        such new requirements.
19            iii. A CAAPP permit which does not expressly
20        indicate the existence of a permit shield shall not
21        provide such a shield.
22            iv. Nothing in this paragraph or in a CAAPP permit
23        shall alter or affect the following:
24                A. The provisions of Section 303 (emergency
25            powers) of the Clean Air Act, including USEPA's
26            authority under that section.

 

 

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1                B. The liability of an owner or operator of a
2            source for any violation of applicable
3            requirements prior to or at the time of permit
4            issuance.
5                C. The applicable requirements of the acid
6            rain program consistent with Section 408(a) of the
7            Clean Air Act.
8                D. The ability of USEPA to obtain information
9            from a source pursuant to Section 114
10            (inspections, monitoring, and entry) of the Clean
11            Air Act.
12        k. Each CAAPP permit shall include an emergency
13    provision providing an affirmative defense of emergency to
14    an action brought for noncompliance with technology-based
15    emission limitations under a CAAPP permit if the following
16    conditions are met through properly signed,
17    contemporaneous operating logs, or other relevant
18    evidence:
19            i. An emergency occurred and the permittee can
20        identify the cause(s) of the emergency.
21            ii. The permitted facility was at the time being
22        properly operated.
23            iii. The permittee submitted notice of the
24        emergency to the Agency within 2 working days after the
25        time when emission limitations were exceeded due to the
26        emergency. This notice must contain a detailed

 

 

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1        description of the emergency, any steps taken to
2        mitigate emissions, and corrective actions taken.
3            iv. During the period of the emergency the
4        permittee took all reasonable steps to minimize levels
5        of emissions that exceeded the emission limitations,
6        standards, or requirements in the permit.
7        For purposes of this subsection, "emergency" means any
8    situation arising from sudden and reasonably unforeseeable
9    events beyond the control of the source, such as an act of
10    God, that requires immediate corrective action to restore
11    normal operation, and that causes the source to exceed a
12    technology-based emission limitation under the permit, due
13    to unavoidable increases in emissions attributable to the
14    emergency. An emergency shall not include noncompliance to
15    the extent caused by improperly designed equipment, lack of
16    preventative maintenance, careless or improper operation,
17    or operation error.
18        In any enforcement proceeding, the permittee seeking
19    to establish the occurrence of an emergency has the burden
20    of proof. This provision is in addition to any emergency or
21    upset provision contained in any applicable requirement.
22    This provision does not relieve a permittee of any
23    reporting obligations under existing federal or state laws
24    or regulations.
25        l. The Agency shall include in each permit issued under
26    subsection 10 of this Section:

 

 

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1            i. Terms and conditions for reasonably anticipated
2        operating scenarios identified by the source in its
3        application. The permit terms and conditions for each
4        such operating scenario shall meet all applicable
5        requirements and the requirements of this Section.
6                A. Under this subparagraph, the source must
7            record in a log at the permitted facility a record
8            of the scenario under which it is operating
9            contemporaneously with making a change from one
10            operating scenario to another.
11                B. The permit shield described in paragraph
12            (j) of subsection 7 of this Section shall extend to
13            all terms and conditions under each such operating
14            scenario.
15            ii. Where requested by an applicant, all terms and
16        conditions allowing for trading of emissions increases
17        and decreases between different emission units at the
18        CAAPP source, to the extent that the applicable
19        requirements provide for trading of such emissions
20        increases and decreases without a case-by-case
21        approval of each emissions trade. Such terms and
22        conditions:
23                A. Shall include all terms required under this
24            subsection to determine compliance;
25                B. Must meet all applicable requirements;
26                C. Shall extend the permit shield described in

 

 

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1            paragraph (j) of subsection 7 of this Section to
2            all terms and conditions that allow such increases
3            and decreases in emissions.
4        m. The Agency shall specifically designate as not being
5    federally enforceable under the Clean Air Act any terms and
6    conditions included in the permit that are not specifically
7    required under the Clean Air Act or federal regulations
8    promulgated thereunder. Terms or conditions so designated
9    shall be subject to all applicable state requirements,
10    except the requirements of subsection 7 (other than this
11    paragraph, paragraph q of subsection 7, subsections 8
12    through 11, and subsections 13 through 16 of this Section.
13    The Agency shall, however, include such terms and
14    conditions in the CAAPP permit issued to the source.
15        n. Each CAAPP permit issued under subsection 10 of this
16    Section shall specify and reference the origin of and
17    authority for each term or condition, and identify any
18    difference in form as compared to the applicable
19    requirement upon which the term or condition is based.
20        o. Each CAAPP permit issued under subsection 10 of this
21    Section shall include provisions stating the following:
22            i. Duty to comply. The permittee must comply with
23        all terms and conditions of the CAAPP permit. Any
24        permit noncompliance constitutes a violation of the
25        Clean Air Act and the Act, and is grounds for any or
26        all of the following: enforcement action; permit

 

 

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1        termination, revocation and reissuance, or
2        modification; or denial of a permit renewal
3        application.
4            ii. Need to halt or reduce activity not a defense.
5        It shall not be a defense for a permittee in an
6        enforcement action that it would have been necessary to
7        halt or reduce the permitted activity in order to
8        maintain compliance with the conditions of this
9        permit.
10            iii. Permit actions. The permit may be modified,
11        revoked, reopened, and reissued, or terminated for
12        cause in accordance with the applicable subsections of
13        Section 39.5 of this Act. The filing of a request by
14        the permittee for a permit modification, revocation
15        and reissuance, or termination, or of a notification of
16        planned changes or anticipated noncompliance does not
17        stay any permit condition.
18            iv. Property rights. The permit does not convey any
19        property rights of any sort, or any exclusive
20        privilege.
21            v. Duty to provide information. The permittee
22        shall furnish to the Agency within a reasonable time
23        specified by the Agency any information that the Agency
24        may request in writing to determine whether cause
25        exists for modifying, revoking and reissuing, or
26        terminating the permit or to determine compliance with

 

 

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1        the permit. Upon request, the permittee shall also
2        furnish to the Agency copies of records required to be
3        kept by the permit or, for information claimed to be
4        confidential, the permittee may furnish such records
5        directly to USEPA along with a claim of
6        confidentiality.
7            vi. Duty to pay fees. The permittee must pay fees
8        to the Agency consistent with the fee schedule approved
9        pursuant to subsection 18 of this Section, and submit
10        any information relevant thereto.
11            vii. Emissions trading. No permit revision shall
12        be required for increases in emissions allowed under
13        any approved economic incentives, marketable permits,
14        emissions trading, and other similar programs or
15        processes for changes that are provided for in the
16        permit and that are authorized by the applicable
17        requirement.
18        p. Each CAAPP permit issued under subsection 10 of this
19    Section shall contain the following elements with respect
20    to compliance:
21            i. Compliance certification, testing, monitoring,
22        reporting, and record keeping requirements sufficient
23        to assure compliance with the terms and conditions of
24        the permit. Any document (including reports) required
25        by a CAAPP permit shall contain a certification by a
26        responsible official that meets the requirements of

 

 

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

 

 

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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 applicable
5        schedule of compliance pursuant to paragraph (d) of
6        subsection 5 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 with
10        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 by
15            the schedule of compliance and dates when such
16            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 met,
20            and any preventive or corrective measures adopted.
21            v. Requirements for compliance certification with
22        terms and conditions contained in the permit,
23        including emission limitations, standards, or work
24        practices. Permits shall include each of the
25        following:
26                A. The frequency (annually or more frequently

 

 

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1            as specified in any applicable requirement or by
2            the Agency pursuant to written procedures) of
3            submissions of compliance certifications.
4                B. A means for assessing or monitoring the
5            compliance of the source with its emissions
6            limitations, standards, and work practices.
7                C. A requirement that the compliance
8            certification include the following:
9                    1. The identification of each term or
10                condition contained in the permit that is the
11                basis of the certification.
12                    2. The compliance status.
13                    3. Whether compliance was continuous or
14                intermittent.
15                    4. The method(s) used for determining the
16                compliance status of the source, both
17                currently and over the reporting period
18                consistent with subsection 7 of this Section.
19                D. A requirement that all compliance
20            certifications be submitted to USEPA as well as to
21            the Agency.
22                E. Additional requirements as may be specified
23            pursuant to Sections 114(a)(3) and 504(b) of the
24            Clean Air Act.
25                F. Other provisions as the Agency may require.
26        q. If the owner or operator of CAAPP source can

 

 

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1    demonstrate in its CAAPP application, including an
2    application for a significant modification, that an
3    alternative emission limit would be equivalent to that
4    contained in the applicable Board regulations, the Agency
5    shall include the alternative emission limit in the CAAPP
6    permit, which shall supersede the emission limit set forth
7    in the applicable Board regulations, and shall include
8    conditions that insure that the resulting emission limit is
9    quantifiable, accountable, enforceable, and based on
10    replicable procedures.
 
11    8. Public Notice; Affected State Review.
12        a. The Agency shall provide notice to the public,
13    including an opportunity for public comment and a hearing,
14    on each draft CAAPP permit for issuance, renewal or
15    significant modification, subject to Section 7.1 and
16    subsection (a) of Section 7 of this Act.
17        b. The Agency shall prepare a draft CAAPP permit and a
18    statement that sets forth the legal and factual basis for
19    the draft CAAPP permit conditions, including references to
20    the applicable statutory or regulatory provisions. The
21    Agency shall provide this statement to any person who
22    requests it.
23        c. The Agency shall give notice of each draft CAAPP
24    permit to the applicant and to any affected State on or
25    before the time that the Agency has provided notice to the

 

 

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1    public, except as otherwise provided in this Act.
2        d. The Agency, as part of its submittal of a proposed
3    permit to USEPA (or as soon as possible after the submittal
4    for minor permit modification procedures allowed under
5    subsection 14 of this Section), shall notify USEPA and any
6    affected State in writing of any refusal of the Agency to
7    accept all of the recommendations for the proposed permit
8    that an affected State submitted during the public or
9    affected State review period. The notice shall include the
10    Agency's reasons for not accepting the recommendations.
11    The Agency is not required to accept recommendations that
12    are not based on applicable requirements or the
13    requirements of this Section.
14        e. The Agency shall make available to the public any
15    CAAPP permit application, compliance plan (including the
16    schedule of compliance), CAAPP permit, and emissions or
17    compliance monitoring report. If an owner or operator of a
18    CAAPP source is required to submit information entitled to
19    protection from disclosure under Section 7.1 and
20    subsection (a) of Section 7 of this Act, the owner or
21    operator shall submit such information separately. The
22    requirements of Section 7.1 and subsection (a) of Section 7
23    of this Act shall apply to such information, which shall
24    not be included in a CAAPP permit unless required by law.
25    The contents of a CAAPP permit shall not be entitled to
26    protection under Section 7.1 and subsection (a) of Section

 

 

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1    7 of this Act.
2        f. The Agency shall have the authority to adopt
3    procedural rules, in accordance with the Illinois
4    Administrative Procedure Act, as the Agency deems
5    necessary, to implement this subsection.
6        g. If requested by the permit applicant, the Agency
7    shall provide the permit applicant with a copy of the draft
8    CAAPP permit prior to any public review period. If
9    requested by the permit applicant, the Agency shall provide
10    the permit applicant with a copy of the final CAAPP permit
11    prior to issuance of the CAAPP permit.
 
12    9. USEPA Notice and Objection.
13        a. The Agency shall provide to USEPA for its review a
14    copy of each CAAPP application (including any application
15    for permit modification), statement of basis as provided in
16    paragraph (b) of subsection 8 of this Section, proposed
17    CAAPP permit, CAAPP permit, and, if the Agency does not
18    incorporate any affected State's recommendations on a
19    proposed CAAPP permit, a written statement of this decision
20    and its reasons for not accepting the recommendations,
21    except as otherwise provided in this Act or by agreement
22    with USEPA. To the extent practicable, the preceding
23    information shall be provided in computer readable format
24    compatible with USEPA's national database management
25    system.

 

 

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1        b. The Agency shall not issue the proposed CAAPP permit
2    if USEPA objects in writing within 45 days after receipt of
3    the proposed CAAPP permit and all necessary supporting
4    information.
5        c. If USEPA objects in writing to the issuance of the
6    proposed CAAPP permit within the 45-day period, the Agency
7    shall respond in writing and may revise and resubmit the
8    proposed CAAPP permit in response to the stated objection,
9    to the extent supported by the record, within 90 days after
10    the date of the objection. Prior to submitting a revised
11    permit to USEPA, the Agency shall provide the applicant and
12    any person who participated in the public comment process,
13    pursuant to subsection 8 of this Section, with a 10-day
14    period to comment on any revision which the Agency is
15    proposing to make to the permit in response to USEPA's
16    objection in accordance with Agency procedures.
17        d. Any USEPA objection under this subsection,
18    according to the Clean Air Act, will include a statement of
19    reasons for the objection and a description of the terms
20    and conditions that must be in the permit, in order to
21    adequately respond to the objections. Grounds for a USEPA
22    objection include the failure of the Agency to: (1) submit
23    the items and notices required under this subsection; (2)
24    submit any other information necessary to adequately
25    review the proposed CAAPP permit; or (3) process the permit
26    under subsection 8 of this Section except for minor permit

 

 

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1    modifications.
2        e. If USEPA does not object in writing to issuance of a
3    permit under this subsection, any person may petition USEPA
4    within 60 days after expiration of the 45-day review period
5    to make such objection.
6        f. If the permit has not yet been issued and USEPA
7    objects to the permit as a result of a petition, the Agency
8    shall not issue the permit until USEPA's objection has been
9    resolved. The Agency shall provide a 10-day comment period
10    in accordance with paragraph c of this subsection. A
11    petition does not, however, stay the effectiveness of a
12    permit or its requirements if the permit was issued after
13    expiration of the 45-day review period and prior to a USEPA
14    objection.
15        g. If the Agency has issued a permit after expiration
16    of the 45-day review period and prior to receipt of a USEPA
17    objection under this subsection in response to a petition
18    submitted pursuant to paragraph e of this subsection, the
19    Agency may, upon receipt of an objection from USEPA, revise
20    and resubmit the permit to USEPA pursuant to this
21    subsection after providing a 10-day comment period in
22    accordance with paragraph c of this subsection. If the
23    Agency fails to submit a revised permit in response to the
24    objection, USEPA shall modify, terminate or revoke the
25    permit. In any case, the source will not be in violation of
26    the requirement to have submitted a timely and complete

 

 

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1    application.
2        h. The Agency shall have the authority to adopt
3    procedural rules, in accordance with the Illinois
4    Administrative Procedure Act, as the Agency deems
5    necessary, to implement this subsection.
 
6    10. Final Agency Action.
7        a. The Agency shall issue a CAAPP permit, permit
8    modification, or permit renewal if all of the following
9    conditions are met:
10            i. The applicant has submitted a complete and
11        certified application for a permit, permit
12        modification, or permit renewal consistent with
13        subsections 5 and 14 of this Section, as applicable,
14        and applicable regulations.
15            ii. The applicant has submitted with its complete
16        application an approvable compliance plan, including a
17        schedule for achieving compliance, consistent with
18        subsection 5 of this Section and applicable
19        regulations.
20            iii. The applicant has timely paid the fees
21        required pursuant to subsection 18 of this Section and
22        applicable regulations.
23            iv. The Agency has received a complete CAAPP
24        application and, if necessary, has requested and
25        received additional information from the applicant

 

 

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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 State
5        review consistent with subsection 8 of this Section and
6        applicable regulations.
7            vi. The Agency has provided a copy of each CAAPP
8        application, or summary thereof, pursuant to agreement
9        with USEPA and proposed CAAPP permit required under
10        subsection 9 of this Section to USEPA, and USEPA has
11        not objected to the issuance of the permit in
12        accordance with the Clean Air Act and 40 CFR Part 70.
13        b. The Agency shall have the authority to deny a CAAPP
14    permit, permit modification, or permit renewal if the
15    applicant has not complied with the requirements of
16    subparagraphs (i) through (iv) of paragraph (a) of this
17    subsection or if USEPA objects to its issuance.
18        c. i. Prior to denial of a CAAPP permit, permit
19        modification, or permit renewal under this Section,
20        the Agency shall notify the applicant of the possible
21        denial and the reasons for the denial.
22            ii. Within such notice, the Agency shall specify an
23        appropriate date by which the applicant shall
24        adequately respond to the Agency's notice. Such date
25        shall not exceed 15 days from the date the notification
26        is received by the applicant. The Agency may grant a

 

 

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1        reasonable extension for good cause shown.
2            iii. Failure by the applicant to adequately
3        respond by the date specified in the notification or by
4        any granted extension date shall be grounds for denial
5        of the permit.
6            For purposes of obtaining judicial review under
7        Sections 40.2 and 41 of this Act, the Agency shall
8        provide to USEPA and each applicant, and, upon request,
9        to affected States, any person who participated in the
10        public comment process, and any other person who could
11        obtain judicial review under Sections 40.2 and 41 of
12        this Act, a copy of each CAAPP permit or notification
13        of denial pertaining to that party.
14        d. The Agency shall have the authority to adopt
15    procedural rules, in accordance with the Illinois
16    Administrative Procedure Act, as the Agency deems
17    necessary, to implement this subsection.
 
18    11. General Permits.
19        a. The Agency may issue a general permit covering
20    numerous similar sources, except for affected sources for
21    acid deposition unless otherwise provided in regulations
22    promulgated under Title IV of the Clean Air Act.
23        b. The Agency shall identify, in any general permit,
24    criteria by which sources may qualify for the general
25    permit.

 

 

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1        c. CAAPP sources that would qualify for a general
2    permit must apply for coverage under the terms of the
3    general permit or must apply for a CAAPP permit consistent
4    with subsection 5 of this Section and applicable
5    regulations.
6        d. The Agency shall comply with the public comment and
7    hearing provisions of this Section as well as the USEPA and
8    affected State review procedures prior to issuance of a
9    general permit.
10        e. When granting a subsequent request by a qualifying
11    CAAPP source for coverage under the terms of a general
12    permit, the Agency shall not be required to repeat the
13    public notice and comment procedures. The granting of such
14    request shall not be considered a final permit action for
15    purposes of judicial review.
16        f. The Agency may not issue a general permit to cover
17    any discrete emission unit at a CAAPP source if another
18    CAAPP permit covers emission units at the source.
19        g. The Agency shall have the authority to adopt
20    procedural rules, in accordance with the Illinois
21    Administrative Procedure Act, as the Agency deems
22    necessary, to implement this subsection.
 
23    12. Operational Flexibility.
24        a. An owner or operator of a CAAPP source may make
25    changes at the CAAPP source without requiring a prior

 

 

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1    permit revision, consistent with subparagraphs (i) through
2    (iii) of paragraph (a) of this subsection, so long as the
3    changes are not modifications under any provision of Title
4    I of the Clean Air Act and they do not exceed the emissions
5    allowable under the permit (whether expressed therein as a
6    rate of emissions or in terms of total emissions), provided
7    that the owner or operator of the CAAPP source provides
8    USEPA and the Agency with written notification as required
9    below in advance of the proposed changes, which shall be a
10    minimum of 7 days, unless otherwise provided by the Agency
11    in applicable regulations regarding emergencies. The owner
12    or operator of a CAAPP source and the Agency shall each
13    attach such notice to their copy of the relevant permit.
14            i. An owner or operator of a CAAPP source may make
15        Section 502 (b) (10) changes without a permit revision,
16        if the changes are not modifications under any
17        provision of Title I of the Clean Air Act and the
18        changes do not exceed the emissions allowable under the
19        permit (whether expressed therein as a rate of
20        emissions or in terms of total emissions).
21                A. For each such change, the written
22            notification required above shall include a brief
23            description of the change within the source, the
24            date on which the change will occur, any change in
25            emissions, and any permit term or condition that is
26            no longer applicable as a result of the change.

 

 

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1                B. The permit shield described in paragraph
2            (j) of subsection 7 of this Section shall not apply
3            to any change made pursuant to this subparagraph.
4            ii. An owner or operator of a CAAPP source may
5        trade increases and decreases in emissions in the CAAPP
6        source, where the applicable implementation plan
7        provides for such emission trades without requiring a
8        permit revision. This provision is available in those
9        cases where the permit does not already provide for
10        such emissions trading.
11                A. Under this subparagraph (ii) of paragraph
12            (a) of this subsection, the written notification
13            required above shall include such information as
14            may be required by the provision in the applicable
15            implementation plan authorizing the emissions
16            trade, including at a minimum, when the proposed
17            changes will occur, a description of each such
18            change, any change in emissions, the permit
19            requirements with which the source will comply
20            using the emissions trading provisions of the
21            applicable implementation plan, and the pollutants
22            emitted subject to the emissions trade. The notice
23            shall also refer to the provisions in the
24            applicable implementation plan with which the
25            source will comply and provide for the emissions
26            trade.

 

 

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1                B. The permit shield described in paragraph
2            (j) of subsection 7 of this Section shall not apply
3            to any change made pursuant to subparagraph (ii) of
4            paragraph (a) of this subsection. Compliance with
5            the permit requirements that the source will meet
6            using the emissions trade shall be determined
7            according to the requirements of the applicable
8            implementation plan authorizing the emissions
9            trade.
10            iii. If requested within a CAAPP application, the
11        Agency shall issue a CAAPP permit which contains terms
12        and conditions, including all terms required under
13        subsection 7 of this Section to determine compliance,
14        allowing for the trading of emissions increases and
15        decreases at the CAAPP source solely for the purpose of
16        complying with a federally-enforceable emissions cap
17        that is established in the permit independent of
18        otherwise applicable requirements. The owner or
19        operator of a CAAPP source shall include in its CAAPP
20        application proposed replicable procedures and permit
21        terms that ensure the emissions trades are
22        quantifiable and enforceable. The permit shall also
23        require compliance with all applicable requirements.
24                A. Under this subparagraph (iii) of paragraph
25            (a), the written notification required above shall
26            state when the change will occur and shall describe

 

 

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1            the changes in emissions that will result and how
2            these increases and decreases in emissions will
3            comply with the terms and conditions of the permit.
4                B. The permit shield described in paragraph
5            (j) of subsection 7 of this Section shall extend to
6            terms and conditions that allow such increases and
7            decreases in emissions.
8        b. An owner or operator of a CAAPP source may make
9    changes that are not addressed or prohibited by the permit,
10    other than those which are subject to any requirements
11    under Title IV of the Clean Air Act or are modifications
12    under any provisions of Title I of the Clean Air Act,
13    without a permit revision, in accordance with the following
14    requirements:
15            (i) Each such change shall meet all applicable
16        requirements and shall not violate any existing permit
17        term or condition;
18            (ii) Sources must provide contemporaneous written
19        notice to the Agency and USEPA of each such change,
20        except for changes that qualify as insignificant under
21        provisions adopted by the Agency or the Board. Such
22        written notice shall describe each such change,
23        including the date, any change in emissions,
24        pollutants emitted, and any applicable requirement
25        that would apply as a result of the change;
26            (iii) The change shall not qualify for the shield

 

 

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1        described in paragraph (j) of subsection 7 of this
2        Section; and
3            (iv) The permittee shall keep a record describing
4        changes made at the source that result in emissions of
5        a regulated air pollutant subject to an applicable
6        Clean Air Act requirement, but not otherwise regulated
7        under the permit, and the emissions resulting from
8        those changes.
9        c. 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    13. Administrative Permit Amendments.
14        a. The Agency shall take final action on a request for
15    an administrative permit amendment within 60 days after
16    receipt of the request. Neither notice nor an opportunity
17    for public and affected State comment shall be required for
18    the Agency to incorporate such revisions, provided it
19    designates the permit revisions as having been made
20    pursuant to this subsection.
21        b. The Agency shall submit a copy of the revised permit
22    to USEPA.
23        c. For purposes of this Section the term
24    "administrative permit amendment" shall be defined as a
25    permit revision that can accomplish one or more of the

 

 

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1    changes described below:
2            i. Corrects typographical errors;
3            ii. Identifies a change in the name, address, or
4        phone number of any person identified in the permit, or
5        provides a similar minor administrative change at the
6        source;
7            iii. Requires more frequent monitoring or
8        reporting by the permittee;
9            iv. Allows for a change in ownership or operational
10        control of a source where the Agency determines that no
11        other change in the permit is necessary, provided that
12        a written agreement containing a specific date for
13        transfer of permit responsibility, coverage, and
14        liability between the current and new permittees has
15        been submitted to the Agency;
16            v. Incorporates into the CAAPP permit the
17        requirements from preconstruction review permits
18        authorized under a USEPA-approved program, provided
19        the program meets procedural and compliance
20        requirements substantially equivalent to those
21        contained in this Section;
22            vi. (Blank); or
23            vii. Any other type of change which USEPA has
24        determined as part of the approved CAAPP permit program
25        to be similar to those included in this subsection.
26        d. The Agency shall, upon taking final action granting

 

 

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1    a request for an administrative permit amendment, allow
2    coverage by the permit shield in paragraph (j) of
3    subsection 7 of this Section for administrative permit
4    amendments made pursuant to subparagraph (v) of paragraph
5    (c) of this subsection which meet the relevant requirements
6    for significant permit modifications.
7        e. Permit revisions and modifications, including
8    administrative amendments and automatic amendments
9    (pursuant to Sections 408(b) and 403(d) of the Clean Air
10    Act or regulations promulgated thereunder), for purposes
11    of the acid rain portion of the permit shall be governed by
12    the regulations promulgated under Title IV of the Clean Air
13    Act. Owners or operators of affected sources for acid
14    deposition shall have the flexibility to amend their
15    compliance plans as provided in the regulations
16    promulgated under Title IV of the Clean Air Act.
17        f. The CAAPP source may implement the changes addressed
18    in the request for an administrative permit amendment
19    immediately upon submittal of the request.
20        g. The Agency shall have the authority to adopt
21    procedural rules, in accordance with the Illinois
22    Administrative Procedure Act, as the Agency deems
23    necessary, to implement this subsection.
 
24    14. Permit Modifications.
25        a. Minor permit modification procedures.

 

 

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1            i. The Agency shall review a permit modification
2        using the "minor permit" modification procedures only
3        for those permit modifications that:
4                A. Do not violate any applicable requirement;
5                B. Do not involve significant changes to
6            existing monitoring, reporting, or recordkeeping
7            requirements in the permit;
8                C. Do not require a case-by-case determination
9            of an emission limitation or other standard, or a
10            source-specific determination of ambient impacts,
11            or a visibility or increment analysis;
12                D. Do not seek to establish or change a permit
13            term or condition for which there is no
14            corresponding underlying requirement and which
15            avoids an applicable requirement to which the
16            source would otherwise be subject. Such terms and
17            conditions include:
18                    1. A federally enforceable emissions cap
19                assumed to avoid classification as a
20                modification under any provision of Title I of
21                the Clean Air Act; and
22                    2. An alternative emissions limit approved
23                pursuant to regulations promulgated under
24                Section 112(i)(5) of the Clean Air Act;
25                E. Are not modifications under any provision
26            of Title I of the Clean Air Act; and

 

 

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1                F. Are not required to be processed as a
2            significant modification.
3            ii. Notwithstanding subparagraph (i) of paragraph
4        (a) and subparagraph (ii) of paragraph (b) of this
5        subsection, minor permit modification procedures may
6        be used for permit modifications involving the use of
7        economic incentives, marketable permits, emissions
8        trading, and other similar approaches, to the extent
9        that such minor permit modification procedures are
10        explicitly provided for in an applicable
11        implementation plan or in applicable requirements
12        promulgated by USEPA.
13            iii. An applicant requesting the use of minor
14        permit modification procedures shall meet the
15        requirements of subsection 5 of this Section and shall
16        include the following in its application:
17                A. A description of the change, the emissions
18            resulting from the change, and any new applicable
19            requirements that will apply if the change occurs;
20                B. The source's suggested draft permit;
21                C. Certification by a responsible official,
22            consistent with paragraph (e) of subsection 5 of
23            this Section and applicable regulations, that the
24            proposed modification meets the criteria for use
25            of minor permit modification procedures and a
26            request that such procedures be used; and

 

 

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1                D. Completed forms for the Agency to use to
2            notify USEPA and affected States as required under
3            subsections 8 and 9 of this Section.
4            iv. Within 5 working days after receipt of a
5        complete permit modification application, the Agency
6        shall notify USEPA and affected States of the requested
7        permit modification in accordance with subsections 8
8        and 9 of this Section. The Agency promptly shall send
9        any notice required under paragraph (d) of subsection 8
10        of this Section to USEPA.
11            v. The Agency may not issue a final permit
12        modification until after the 45-day review period for
13        USEPA or until USEPA has notified the Agency that USEPA
14        will not object to the issuance of the permit
15        modification, whichever comes first, although the
16        Agency can approve the permit modification prior to
17        that time. Within 90 days after the Agency's receipt of
18        an application under the minor permit modification
19        procedures or 15 days after the end of USEPA's 45-day
20        review period under subsection 9 of this Section,
21        whichever is later, the Agency shall:
22                A. Issue the permit modification as proposed;
23                B. Deny the permit modification application;
24                C. Determine that the requested modification
25            does not meet the minor permit modification
26            criteria and should be reviewed under the

 

 

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1            significant modification procedures; or
2                D. Revise the draft permit modification and
3            transmit to USEPA the new proposed permit
4            modification as required by subsection 9 of this
5            Section.
6            vi. Any CAAPP source may make the change proposed
7        in its minor permit modification application
8        immediately after it files such application. After the
9        CAAPP source makes the change allowed by the preceding
10        sentence, and until the Agency takes any of the actions
11        specified in items (A) through (C) of subparagraph (v)
12        of paragraph (a) of this subsection, the source must
13        comply with both the applicable requirements governing
14        the change and the proposed permit terms and
15        conditions. During this time period, the source need
16        not comply with the existing permit terms and
17        conditions it seeks to modify. If the source fails to
18        comply with its proposed permit terms and conditions
19        during this time period, the existing permit terms and
20        conditions which it seeks to modify may be enforced
21        against it.
22            vii. The permit shield under paragraph (j) of
23        subsection 7 of this Section may not extend to minor
24        permit modifications.
25            viii. If a construction permit is required,
26        pursuant to subsection (a) of Section 39 of this Act

 

 

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1        and regulations thereunder, for a change for which the
2        minor permit modification procedures are applicable,
3        the source may request that the processing of the
4        construction permit application be consolidated with
5        the processing of the application for the minor permit
6        modification. In such cases, the provisions of this
7        Section, including those within subsections 5, 8, and
8        9, shall apply and the Agency shall act on such
9        applications pursuant to subparagraph (v) of paragraph
10        (a) of subsection 14 of this Section. The source may
11        make the proposed change immediately after filing its
12        application for the minor permit modification. Nothing
13        in this subparagraph shall otherwise affect the
14        requirements and procedures applicable to construction
15        permits.
16        b. Group Processing of Minor Permit Modifications.
17            i. Where requested by an applicant within its
18        application, the Agency shall process groups of a
19        source's applications for certain modifications
20        eligible for minor permit modification processing in
21        accordance with the provisions of this paragraph (b).
22            ii. Permit modifications may be processed in
23        accordance with the procedures for group processing,
24        for those modifications:
25                A. Which meet the criteria for minor permit
26            modification procedures under subparagraph (i) of

 

 

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1            paragraph (a) of subsection 14 of this Section; and
2                B. That collectively are below 10 percent of
3            the emissions allowed by the permit for the
4            emissions unit for which change is requested, 20
5            percent of the applicable definition of major
6            source set forth in subsection 2 of this Section,
7            or 5 tons per year, whichever is least.
8            iii. An applicant requesting the use of group
9        processing procedures shall meet the requirements of
10        subsection 5 of this Section and shall include the
11        following in its application:
12                A. A description of the change, the emissions
13            resulting from the change, and any new applicable
14            requirements that will apply if the change occurs.
15                B. The source's suggested draft permit.
16                C. Certification by a responsible official
17            consistent with paragraph (e) of subsection 5 of
18            this Section, that the proposed modification meets
19            the criteria for use of group processing
20            procedures and a request that such procedures be
21            used.
22                D. A list of the source's other pending
23            applications awaiting group processing, and a
24            determination of whether the requested
25            modification, aggregated with these other
26            applications, equals or exceeds the threshold set

 

 

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1            under item (B) of subparagraph (ii) of paragraph
2            (b) of this subsection.
3                E. Certification, consistent with paragraph
4            (e) of subsection 5 of this Section, that the
5            source has notified USEPA of the proposed
6            modification. Such notification need only contain
7            a brief description of the requested modification.
8                F. Completed forms for the Agency to use to
9            notify USEPA and affected states as required under
10            subsections 8 and 9 of this Section.
11            iv. On a quarterly basis or within 5 business days
12        after receipt of an application demonstrating that the
13        aggregate of a source's pending applications equals or
14        exceeds the threshold level set forth within item (B)
15        of subparagraph (ii) of paragraph (b) of this
16        subsection, whichever is earlier, the Agency shall
17        promptly notify USEPA and affected States of the
18        requested permit modifications in accordance with
19        subsections 8 and 9 of this Section. The Agency shall
20        send any notice required under paragraph (d) of
21        subsection 8 of this Section to USEPA.
22            v. The provisions of subparagraph (v) of paragraph
23        (a) of this subsection shall apply to modifications
24        eligible for group processing, except that the Agency
25        shall take one of the actions specified in items (A)
26        through (D) of subparagraph (v) of paragraph (a) of

 

 

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1        this subsection within 180 days after receipt of the
2        application or 15 days after the end of USEPA's 45-day
3        review period under subsection 9 of this Section,
4        whichever is later.
5            vi. The provisions of subparagraph (vi) of
6        paragraph (a) of this subsection shall apply to
7        modifications for group processing.
8            vii. The provisions of paragraph (j) of subsection
9        7 of this Section shall not apply to modifications
10        eligible for group processing.
11        c. Significant Permit Modifications.
12            i. Significant modification procedures shall be
13        used for applications requesting significant permit
14        modifications and for those applications that do not
15        qualify as either minor permit modifications or as
16        administrative permit amendments.
17            ii. Every significant change in existing
18        monitoring permit terms or conditions and every
19        relaxation of reporting or recordkeeping requirements
20        shall be considered significant. A modification shall
21        also be considered significant if in the judgment of
22        the Agency action on an application for modification
23        would require decisions to be made on technically
24        complex issues. Nothing herein shall be construed to
25        preclude the permittee from making changes consistent
26        with this Section that would render existing permit

 

 

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1        compliance terms and conditions irrelevant.
2            iii. Significant permit modifications must meet
3        all the requirements of this Section, including those
4        for applications (including completeness review),
5        public participation, review by affected States, and
6        review by USEPA applicable to initial permit issuance
7        and permit renewal. The Agency shall take final action
8        on significant permit modifications within 9 months
9        after receipt of a complete application.
10        d. The Agency shall have the authority to adopt
11    procedural rules, in accordance with the Illinois
12    Administrative Procedure Act, as the Agency deems
13    necessary, to implement this subsection.
 
14    15. Reopenings for Cause by the Agency.
15        a. Each issued CAAPP permit shall include provisions
16    specifying the conditions under which the permit will be
17    reopened prior to the expiration of the permit. Such
18    revisions shall be made as expeditiously as practicable. A
19    CAAPP permit shall be reopened and revised under any of the
20    following circumstances, in accordance with procedures
21    adopted by the Agency:
22            i. Additional requirements under the Clean Air Act
23        become applicable to a major CAAPP source for which 3
24        or more years remain on the original term of the
25        permit. Such a reopening shall be completed not later

 

 

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1        than 18 months after the promulgation of the applicable
2        requirement. No such revision is required if the
3        effective date of the requirement is later than the
4        date on which the permit is due to expire.
5            ii. Additional requirements (including excess
6        emissions requirements) become applicable to an
7        affected source for acid deposition under the acid rain
8        program. Excess emissions offset plans shall be deemed
9        to be incorporated into the permit upon approval by
10        USEPA.
11            iii. The Agency or USEPA determines that the permit
12        contains a material mistake or that inaccurate
13        statements were made in establishing the emissions
14        standards, limitations, or other terms or conditions
15        of the permit.
16            iv. The Agency or USEPA determines that the permit
17        must be revised or revoked to assure compliance with
18        the applicable requirements.
19        b. In the event that the Agency determines that there
20    are grounds for revoking a CAAPP permit, for cause,
21    consistent with paragraph a of this subsection, it shall
22    file a petition before the Board setting forth the basis
23    for such revocation. In any such proceeding, the Agency
24    shall have the burden of establishing that the permit
25    should be revoked under the standards set forth in this Act
26    and the Clean Air Act. Any such proceeding shall be

 

 

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1    conducted pursuant to the Board's procedures for
2    adjudicatory hearings and the Board shall render its
3    decision within 120 days of the filing of the petition. The
4    Agency shall take final action to revoke and reissue a
5    CAAPP permit consistent with the Board's order.
6        c. Proceedings regarding a reopened CAAPP permit shall
7    follow the same procedures as apply to initial permit
8    issuance and shall affect only those parts of the permit
9    for which cause to reopen exists.
10        d. Reopenings under paragraph (a) of this subsection
11    shall not be initiated before a notice of such intent is
12    provided to the CAAPP source by the Agency at least 30 days
13    in advance of the date that the permit is to be reopened,
14    except that the Agency may provide a shorter time period in
15    the case of an emergency.
16        e. The Agency shall have the authority to adopt
17    procedural rules, in accordance with the Illinois
18    Administrative Procedure Act, as the Agency deems
19    necessary, to implement this subsection.
 
20    16. Reopenings for Cause by USEPA.
21        a. When USEPA finds that cause exists to terminate,
22    modify, or revoke and reissue a CAAPP permit pursuant to
23    subsection 15 of this Section, and thereafter notifies the
24    Agency and the permittee of such finding in writing, the
25    Agency shall forward to USEPA and the permittee a proposed

 

 

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

 

 

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

 

 

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1            ii. When USEPA reviews such proposed determination
2        to terminate or revoke and reissue and objects, the
3        Agency shall submit USEPA's objection and the Agency's
4        comments and recommendation on the objection to the
5        Board and permittee. The Board shall review its interim
6        order in response to USEPA's objection and the Agency's
7        comments and recommendation and issue a final order in
8        accordance with Sections 32 and 33 of this Act. The
9        Agency shall, within 90 days after receipt of such
10        objection, respond to USEPA's objection in accordance
11        with the Board's final order.
12            iii. When USEPA reviews such proposed
13        determination to modify and objects, the Agency shall,
14        within 90 days after receipt of the objection, resolve
15        the objection and modify the permit in accordance with
16        USEPA's objection, based upon the record, the Clean Air
17        Act, regulations promulgated thereunder, this Act, and
18        regulations promulgated thereunder.
19        d. If the Agency fails to submit the proposed
20    determination pursuant to paragraph a of this subsection or
21    fails to resolve any USEPA objection pursuant to paragraph
22    c of this subsection, USEPA will terminate, modify, or
23    revoke and reissue the permit.
24        e. The Agency shall have the authority to adopt
25    procedural rules, in accordance with the Illinois
26    Administrative Procedure Act, as the Agency deems

 

 

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1    necessary, to implement this subsection.
 
2    17. Title IV; Acid Rain Provisions.
3        a. The Agency shall act on initial CAAPP applications
4    for affected sources for acid deposition in accordance with
5    this Section and Title V of the Clean Air Act and
6    regulations promulgated thereunder, except as modified by
7    Title IV of the Clean Air Act and regulations promulgated
8    thereunder. The Agency shall issue initial CAAPP permits to
9    the affected sources for acid deposition which shall become
10    effective no earlier than January 1, 1995, and which shall
11    terminate on December 31, 1999, in accordance with this
12    Section. Subsequent CAAPP permits issued to affected
13    sources for acid deposition shall be issued for a fixed
14    term of 5 years. Title IV of the Clean Air Act and
15    regulations promulgated thereunder, including but not
16    limited to 40 C.F.R. Part 72, as now or hereafter amended,
17    are applicable to and enforceable under this Act.
18        b. A designated representative of an affected source
19    for acid deposition shall submit a timely and complete
20    Phase II acid rain permit application and compliance plan
21    to the Agency, not later than January 1, 1996, that meets
22    the requirements of Titles IV and V of the Clean Air Act
23    and regulations. The Agency shall act on the Phase II acid
24    rain permit application and compliance plan in accordance
25    with this Section and Title V of the Clean Air Act and

 

 

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

 

 

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

 

 

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1        g. In the case of an affected source for acid
2    deposition for which a complete Phase II acid rain permit
3    application and compliance plan are timely received under
4    this subsection, the complete permit application and
5    compliance plan, including amendments thereto, shall be
6    binding on the owner, operator and designated
7    representative, all affected units for acid deposition at
8    the affected source, and any other unit, as defined in
9    Section 402 of the Clean Air Act, governed by the Phase II
10    acid rain permit application and shall be enforceable as an
11    acid rain permit for purposes of Titles IV and V of the
12    Clean Air Act, from the date of submission of the acid rain
13    permit application until a Phase II acid rain permit is
14    issued or denied by the Agency.
15        h. The Agency shall not include or implement any
16    measure which would interfere with or modify the
17    requirements of Title IV of the Clean Air Act or
18    regulations promulgated thereunder.
19        i. Nothing in this Section shall be construed as
20    affecting allowances or USEPA's decision regarding an
21    excess emissions offset plan, as set forth in Title IV of
22    the Clean Air Act or regulations promulgated thereunder.
23            i. No permit revision shall be required for
24        increases in emissions that are authorized by
25        allowances acquired pursuant to the acid rain program,
26        provided that such increases do not require a permit

 

 

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1        revision under any other applicable requirement.
2            ii. No limit shall be placed on the number of
3        allowances held by the source. The source may not,
4        however, use allowances as a defense to noncompliance
5        with any other applicable requirement.
6            iii. Any such allowance shall be accounted for
7        according to the procedures established in regulations
8        promulgated under Title IV of the Clean Air Act.
9        j. To the extent that the federal regulations
10    promulgated under Title IV, including but not limited to 40
11    C.F.R. Part 72, as now or hereafter amended, are
12    inconsistent with the federal regulations promulgated
13    under Title V, the federal regulations promulgated under
14    Title IV shall take precedence.
15        k. The USEPA may intervene as a matter of right in any
16    permit appeal involving a Phase II acid rain permit
17    provision or denial of a Phase II acid rain permit.
18        l. It is unlawful for any owner or operator to violate
19    any terms or conditions of a Phase II acid rain permit
20    issued under this subsection, to operate any affected
21    source for acid deposition except in compliance with a
22    Phase II acid rain permit issued by the Agency under this
23    subsection, or to violate any other applicable
24    requirements.
25        m. The designated representative of an affected source
26    for acid deposition shall submit to the Agency the data and

 

 

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1    information submitted quarterly to USEPA, pursuant to 40
2    CFR 75.64, concurrently with the submission to USEPA. The
3    submission shall be in the same electronic format as
4    specified by USEPA.
5        n. The Agency shall act on any petition for exemption
6    of a new unit or retired unit, as those terms are defined
7    in Section 402 of the Clean Air Act, from the requirements
8    of the acid rain program in accordance with Title IV of the
9    Clean Air Act and its regulations.
10        o. The Agency shall have the authority to adopt
11    procedural rules, in accordance with the Illinois
12    Administrative Procedure Act, as the Agency deems
13    necessary to implement this subsection.
 
14    18. Fee Provisions.
15        a. A source subject to this Section or excluded under
16    subsection 1.1 or paragraph (c) of subsection 3 of this
17    Section, shall pay a fee as provided in this paragraph (a)
18    of subsection 18. However, a source that has been excluded
19    from the provisions of this Section under subsection 1.1 or
20    under paragraph (c) of subsection 3 of this Section because
21    the source emits less than 25 tons per year of any
22    combination of regulated air pollutants, except greenhouse
23    gases, shall pay fees in accordance with paragraph (1) of
24    subsection (b) of Section 9.6.
25            i. The fee for a source allowed to emit less than

 

 

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1        100 tons per year of any combination of regulated air
2        pollutants, except greenhouse gases, shall be $1,800
3        per year, and that fee shall increase, beginning
4        January 1, 2012, to $2,150 per year.
5            ii. The fee for a source allowed to emit 100 tons
6        or more per year of any combination of regulated air
7        pollutants, except greenhouse gases and those
8        regulated air pollutants excluded in paragraph (f) of
9        this subsection 18, shall be as follows:
10                A. The Agency shall assess a fee of $18 per
11            ton, per year for the allowable emissions of
12            regulated air pollutants subject to this
13            subparagraph (ii) of paragraph (a) of subsection
14            18, and that fee shall increase, beginning January
15            1, 2012, to $21.50 per ton, per year. These fees
16            shall be used by the Agency and the Board to fund
17            the activities required by Title V of the Clean Air
18            Act including such activities as may be carried out
19            by other State or local agencies pursuant to
20            paragraph (d) of this subsection. The amount of
21            such fee shall be based on the information supplied
22            by the applicant in its complete CAAPP permit
23            application or in the CAAPP permit if the permit
24            has been granted and shall be determined by the
25            amount of emissions that the source is allowed to
26            emit annually, provided however, that the maximum

 

 

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1            fee for a CAAPP permit under this subparagraph (ii)
2            of paragraph (a) of subsection 18 is $250,000, and
3            increases, beginning January 1, 2012, to $294,000.
4            Beginning January 1, 2012, the maximum fee under
5            this subparagraph (ii) of paragraph (a) of
6            subsection 18 for a source that has been excluded
7            under subsection 1.1 of this Section or under
8            paragraph (c) of subsection 3 of this Section is
9            $4,112. The Agency shall provide as part of the
10            permit application form required under subsection
11            5 of this Section a separate fee calculation form
12            which will allow the applicant to identify the
13            allowable emissions and calculate the fee. In no
14            event shall the Agency raise the amount of
15            allowable emissions requested by the applicant
16            unless such increases are required to demonstrate
17            compliance with terms of a CAAPP permit.
18                Notwithstanding the above, any applicant may
19            seek a change in its permit which would result in
20            increases in allowable emissions due to an
21            increase in the hours of operation or production
22            rates of an emission unit or units and such a
23            change shall be consistent with the construction
24            permit requirements of the existing State permit
25            program, under subsection (a) of Section 39 of this
26            Act and applicable provisions of this Section.

 

 

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1            Where a construction permit is required, the
2            Agency shall expeditiously grant such construction
3            permit and shall, if necessary, modify the CAAPP
4            permit based on the same application.
5                B. The applicant or permittee may pay the fee
6            annually or semiannually for those fees greater
7            than $5,000. However, any applicant paying a fee
8            equal to or greater than $100,000 shall pay the
9            full amount on July 1, for the subsequent fiscal
10            year, or pay 50% of the fee on July 1 and the
11            remaining 50% by the next January 1. The Agency may
12            change any annual billing date upon reasonable
13            notice, but shall prorate the new bill so that the
14            permittee or applicant does not pay more than its
15            required fees for the fee period for which payment
16            is made.
17        b. (Blank).
18        c. (Blank).
19        d. There is hereby created in the State Treasury a
20    special fund to be known as the Clean Air Act Permit Fund
21    (formerly known as the CAA Permit Fund). All Funds
22    collected by the Agency pursuant to this subsection shall
23    be deposited into the Fund. The General Assembly shall
24    appropriate monies from this Fund to the Agency and to the
25    Board to carry out their obligations under this Section.
26    The General Assembly may also authorize monies to be

 

 

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1    granted by the Agency from this Fund to other State and
2    local agencies which perform duties related to the CAAPP.
3    Interest generated on the monies deposited in this Fund
4    shall be returned to the Fund.
5        e. 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        f. For purposes of this subsection, the term "regulated
10    air pollutant" shall have the meaning given to it under
11    subsection 1 of this Section but shall exclude the
12    following:
13            i. carbon monoxide;
14            ii. any Class I or II substance which is a
15        regulated air pollutant solely because it is listed
16        pursuant to Section 602 of the Clean Air Act; and
17            iii. any pollutant that is a regulated air
18        pollutant solely because it is subject to a standard or
19        regulation under Section 112(r) of the Clean Air Act
20        based on the emissions allowed in the permit effective
21        in that calendar year, at the time the applicable bill
22        is generated.
 
23    19. Air Toxics Provisions.
24        a. In the event that the USEPA fails to promulgate in a
25    timely manner a standard pursuant to Section 112(d) of the

 

 

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1    Clean Air Act, the Agency shall have the authority to issue
2    permits, pursuant to Section 112(j) of the Clean Air Act
3    and regulations promulgated thereunder, which contain
4    emission limitations which are equivalent to the emission
5    limitations that would apply to a source if an emission
6    standard had been promulgated in a timely manner by USEPA
7    pursuant to Section 112(d). Provided, however, that the
8    owner or operator of a source shall have the opportunity to
9    submit to the Agency a proposed emission limitation which
10    it determines to be equivalent to the emission limitations
11    that would apply to such source if an emission standard had
12    been promulgated in a timely manner by USEPA. If the Agency
13    refuses to include the emission limitation proposed by the
14    owner or operator in a CAAPP permit, the owner or operator
15    may petition the Board to establish whether the emission
16    limitation proposal submitted by the owner or operator
17    provides for emission limitations which are equivalent to
18    the emission limitations that would apply to the source if
19    the emission standard had been promulgated by USEPA in a
20    timely manner. The Board shall determine whether the
21    emission limitation proposed by the owner or operator or an
22    alternative emission limitation proposed by the Agency
23    provides for the level of control required under Section
24    112 of the Clean Air Act, or shall otherwise establish an
25    appropriate emission limitation, pursuant to Section 112
26    of the Clean Air Act.

 

 

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

 

 

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1    Air Act.
2        d. The Agency shall have the authority to issue permits
3    pursuant to Section 112(i)(5) of the Clean Air Act.
4        e. The Agency has the authority to implement Section
5    112(g) of the Clean Air Act consistent with the Clean Air
6    Act and federal regulations promulgated thereunder. If the
7    Agency refuses to include the emission limitations
8    proposed in an application submitted by an owner or
9    operator for a case-by-case maximum achievable control
10    technology (MACT) determination, the owner or operator may
11    petition the Board to determine whether the emission
12    limitation proposed by the owner or operator or an
13    alternative emission limitation proposed by the Agency
14    provides for a level of control required by Section 112 of
15    the Clean Air Act, or to otherwise establish an appropriate
16    emission limitation under Section 112 of the Clean Air Act.
 
17    20. Small Business.
18        a. For purposes of this subsection:
19        "Program" is the Small Business Stationary Source
20    Technical and Environmental Compliance Assistance Program
21    created within this State pursuant to Section 507 of the
22    Clean Air Act and guidance promulgated thereunder, to
23    provide technical assistance and compliance information to
24    small business stationary sources;
25        "Small Business Assistance Program" is a component of

 

 

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1    the Program responsible for providing sufficient
2    communications with small businesses through the
3    collection and dissemination of information to small
4    business stationary sources; and
5        "Small Business Stationary Source" means a stationary
6    source that:
7            1. is owned or operated by a person that employs
8        100 or fewer individuals;
9            2. is a small business concern as defined in the
10        "Small Business Act";
11            3. is not a major source as that term is defined in
12        subsection 2 of this Section;
13            4. does not emit 50 tons or more per year of any
14        regulated air pollutant, except greenhouse gases; and
15            5. emits less than 75 tons per year of all
16        regulated pollutants, except greenhouse gases.
17        b. The Agency shall adopt and submit to USEPA, after
18    reasonable notice and opportunity for public comment, as a
19    revision to the Illinois state implementation plan, plans
20    for establishing the Program.
21        c. The Agency shall have the authority to enter into
22    such contracts and agreements as the Agency deems necessary
23    to carry out the purposes of this subsection.
24        d. The Agency may establish such procedures as it may
25    deem necessary for the purposes of implementing and
26    executing its responsibilities under this subsection.

 

 

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1        e. There shall be appointed a Small Business Ombudsman
2    (hereinafter in this subsection referred to as
3    "Ombudsman") to monitor the Small Business Assistance
4    Program. The Ombudsman shall be a nonpartisan designated
5    official, with the ability to independently assess whether
6    the goals of the Program are being met.
7        f. The State Ombudsman Office shall be located in an
8    existing Ombudsman office within the State or in any State
9    Department.
10        g. There is hereby created a State Compliance Advisory
11    Panel (hereinafter in this subsection referred to as
12    "Panel") for determining the overall effectiveness of the
13    Small Business Assistance Program within this State.
14        h. The selection of Panel members shall be by the
15    following method:
16            1. The Governor shall select two members who are
17        not owners or representatives of owners of small
18        business stationary sources to represent the general
19        public;
20            2. The Director of the Agency shall select one
21        member to represent the Agency; and
22            3. The State Legislature shall select four members
23        who are owners or representatives of owners of small
24        business stationary sources. Both the majority and
25        minority leadership in both Houses of the Legislature
26        shall appoint one member of the panel.

 

 

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1        i. Panel members should serve without compensation but
2    will receive full reimbursement for expenses including
3    travel and per diem as authorized within this State.
4        j. The Panel shall select its own Chair by a majority
5    vote. The Chair may meet and consult with the Ombudsman and
6    the head of the Small Business Assistance Program in
7    planning the activities for the Panel.
 
8    21. Temporary Sources.
9        a. The Agency may issue a single permit authorizing
10    emissions from similar operations by the same source owner
11    or operator at multiple temporary locations, except for
12    sources which are affected sources for acid deposition
13    under Title IV of the Clean Air Act.
14        b. The applicant must demonstrate that the operation is
15    temporary and will involve at least one change of location
16    during the term of the permit.
17        c. Any such permit shall meet all applicable
18    requirements of this Section and applicable regulations,
19    and include conditions assuring compliance with all
20    applicable requirements at all authorized locations and
21    requirements that the owner or operator notify the Agency
22    at least 10 days in advance of each change in location.
 
23    22. Solid Waste Incineration Units.
24        a. A CAAPP permit for a solid waste incineration unit

 

 

SB1943 Engrossed- 130 -LRB100 11390 MJP 21799 b

1    combusting municipal waste subject to standards
2    promulgated under Section 129(e) of the Clean Air Act shall
3    be issued for a period of 12 years and shall be reviewed
4    every 5 years, unless the Agency requires more frequent
5    review through Agency procedures.
6        b. During the review in paragraph (a) of this
7    subsection, the Agency shall fully review the previously
8    submitted CAAPP permit application and corresponding
9    reports subsequently submitted to determine whether the
10    source is in compliance with all applicable requirements.
11        c. If the Agency determines that the source is not in
12    compliance with all applicable requirements it shall
13    revise the CAAPP permit as appropriate.
14        d. The Agency shall have the authority to adopt
15    procedural rules, in accordance with the Illinois
16    Administrative Procedure Act, as the Agency deems
17    necessary, to implement this subsection.
18(Source: P.A. 99-380, eff. 8-17-15; 99-933, eff. 1-27-17.)
 
19    (415 ILCS 5/55)  (from Ch. 111 1/2, par. 1055)
20    Sec. 55. Prohibited activities.
21    (a) No person shall:
22        (1) Cause or allow the open dumping of any used or
23    waste tire.
24        (2) Cause or allow the open burning of any used or
25    waste tire.

 

 

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1        (3) Except at a tire storage site which contains more
2    than 50 used tires, cause or allow the storage of any used
3    tire unless the tire is altered, reprocessed, converted,
4    covered, or otherwise prevented from accumulating water.
5        (4) Cause or allow the operation of a tire storage site
6    except in compliance with Board regulations.
7        (5) Abandon, dump or dispose of any used or waste tire
8    on private or public property, except in a sanitary
9    landfill approved by the Agency pursuant to regulations
10    adopted by the Board.
11        (6) Fail to submit required reports, tire removal
12    agreements, or Board regulations.
13    (b) (Blank.)
14    (b-1) No Beginning January 1, 1995, no person shall
15knowingly mix any used or waste tire, either whole or cut, with
16municipal waste, and no owner or operator of a sanitary
17landfill shall accept any used or waste tire for final
18disposal; except that used or waste tires, when separated from
19other waste, may be accepted if: (1) the sanitary landfill
20provides and maintains a means for shredding, slitting, or
21chopping whole tires and so treats whole tires and, if approved
22by the Agency in a permit issued under this Act, uses the used
23or waste tires for alternative uses, which may include on-site
24practices such as lining of roadways with tire scraps,
25alternative daily cover, or use in a leachate collection system
26or (2) the sanitary landfill, by its notification to the

 

 

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1Illinois Industrial Materials Exchange Service, makes
2available the used or waste tire to an appropriate facility for
3reuse, reprocessing, or converting, including use as an
4alternate energy fuel. If, within 30 days after notification to
5the Illinois Industrial Materials Exchange Service of the
6availability of waste tires, no specific request for the used
7or waste tires is received by the sanitary landfill, and the
8sanitary landfill determines it has no alternative use for
9those used or waste tires, the sanitary landfill may dispose of
10slit, chopped, or shredded used or waste tires in the sanitary
11landfill. In the event the physical condition of a used or
12waste tire makes shredding, slitting, chopping, reuse,
13reprocessing, or other alternative use of the used or waste
14tire impractical or infeasible, then the sanitary landfill,
15after authorization by the Agency, may accept the used or waste
16tire for disposal.
17    Sanitary landfills and facilities for reuse, reprocessing,
18or converting, including use as alternative fuel, shall (i)
19notify the Illinois Industrial Materials Exchange Service of
20the availability of and demand for used or waste tires and (ii)
21consult with the Department of Commerce and Economic
22Opportunity regarding the status of marketing of waste tires to
23facilities for reuse.
24    (c) Any person who sells new or used tires at retail or
25operates a tire storage site or a tire disposal site which
26contains more than 50 used or waste tires shall give notice of

 

 

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1such activity to the Agency. Any person engaging in such
2activity for the first time after January 1, 1990, shall give
3notice to the Agency within 30 days after the date of
4commencement of the activity. The form of such notice shall be
5specified by the Agency and shall be limited to information
6regarding the following:
7        (1) the name and address of the owner and operator;
8        (2) the name, address and location of the operation;
9        (3) the type of operations involving used and waste
10    tires (storage, disposal, conversion or processing); and
11        (4) the number of used and waste tires present at the
12    location.
13    (d) Beginning January 1, 1992, no person shall cause or
14allow the operation of:
15        (1) a tire storage site which contains more than 50
16    used tires, unless the owner or operator, by January 1,
17    1992 (or the January 1 following commencement of operation,
18    whichever is later) and January 1 of each year thereafter,
19    (i) registers the site with the Agency, except that the
20    registration requirement in this item (i) does not apply in
21    the case of a tire storage site required to be permitted
22    under subsection (d-5), (ii) certifies to the Agency that
23    the site complies with any applicable standards adopted by
24    the Board pursuant to Section 55.2, (iii) reports to the
25    Agency the number of tires accumulated, the status of
26    vector controls, and the actions taken to handle and

 

 

SB1943 Engrossed- 134 -LRB100 11390 MJP 21799 b

1    process the tires, and (iv) pays the fee required under
2    subsection (b) of Section 55.6; or
3        (2) a tire disposal site, unless the owner or operator
4    (i) has received approval from the Agency after filing a
5    tire removal agreement pursuant to Section 55.4, or (ii)
6    has entered into a written agreement to participate in a
7    consensual removal action under Section 55.3.
8    The Agency shall provide written forms for the annual
9registration and certification required under this subsection
10(d).
11    (d-4) On or before January 1, 2015, the owner or operator
12of each tire storage site that contains used tires totaling
13more than 10,000 passenger tire equivalents, or at which more
14than 500 tons of used tires are processed in a calendar year,
15shall submit documentation demonstrating its compliance with
16Board rules adopted under this Title. This documentation must
17be submitted on forms and in a format prescribed by the Agency.
18    (d-5) Beginning July 1, 2016, no person shall cause or
19allow the operation of a tire storage site that contains used
20tires totaling more than 10,000 passenger tire equivalents, or
21at which more than 500 tons of used tires are processed in a
22calendar year, without a permit granted by the Agency or in
23violation of any conditions imposed by that permit, including
24periodic reports and full access to adequate records and the
25inspection of facilities, as may be necessary to ensure
26compliance with this Act and with regulations and standards

 

 

SB1943 Engrossed- 135 -LRB100 11390 MJP 21799 b

1adopted under this Act.
2    (d-6) No person shall cause or allow the operation of a
3tire storage site in violation of the financial assurance rules
4established by the Board under subsection (b) of Section 55.2
5of this Act. In addition to the remedies otherwise provided
6under this Act, the State's Attorney of the county in which the
7violation occurred, or the Attorney General, may, at the
8request of the Agency or on his or her own motion, institute a
9civil action for an immediate injunction, prohibitory or
10mandatory, to restrain any violation of this subsection (d-6)
11or to require any other action as may be necessary to abate or
12mitigate any immediate danger or threat to public health or the
13environment at the site. Injunctions to restrain a violation of
14this subsection (d-6) may include, but are not limited to, the
15required removal of all tires for which financial assurance is
16not maintained and a prohibition against the acceptance of
17tires in excess of the amount for which financial assurance is
18maintained.
19    (e) No person shall cause or allow the storage, disposal,
20treatment or processing of any used or waste tire in violation
21of any regulation or standard adopted by the Board.
22    (f) No person shall arrange for the transportation of used
23or waste tires away from the site of generation with a person
24known to openly dump such tires.
25    (g) No person shall engage in any operation as a used or
26waste tire transporter except in compliance with Board

 

 

SB1943 Engrossed- 136 -LRB100 11390 MJP 21799 b

1regulations.
2    (h) No person shall cause or allow the combustion of any
3used or waste tire in an enclosed device unless a permit has
4been issued by the Agency authorizing such combustion pursuant
5to regulations adopted by the Board for the control of air
6pollution and consistent with the provisions of Section 9.4 of
7this Act.
8    (i) No person shall cause or allow the use of pesticides to
9treat tires except as prescribed by Board regulations.
10    (j) No person shall fail to comply with the terms of a tire
11removal agreement approved by the Agency pursuant to Section
1255.4.
13    (k) No person shall:
14        (1) Cause or allow water to accumulate in used or waste
15    tires. The prohibition set forth in this paragraph (1) of
16    subsection (k) shall not apply to used or waste tires
17    located at a residential household, as long as not more
18    than 12 used or waste tires are located at the site.
19        (2) Fail to collect a fee required under Section 55.8
20    of this Title.
21        (3) Fail to file a return required under Section 55.10
22    of this Title.
23        (4) Transport used or waste tires in violation of the
24    registration and vehicle placarding requirements adopted
25    by the Board.
26(Source: P.A. 98-656, eff. 6-19-14.)
 

 

 

SB1943 Engrossed- 137 -LRB100 11390 MJP 21799 b

1    (415 ILCS 5/55.6)  (from Ch. 111 1/2, par. 1055.6)
2    Sec. 55.6. Used Tire Management Fund.
3    (a) There is hereby created in the State Treasury a special
4fund to be known as the Used Tire Management Fund. There shall
5be deposited into the Fund all monies received as (1) recovered
6costs or proceeds from the sale of used tires under Section
755.3 of this Act, (2) repayment of loans from the Used Tire
8Management Fund, or (3) penalties or punitive damages for
9violations of this Title, except as provided by subdivision
10(b)(4) or (b)(4-5) of Section 42.
11    (b) Beginning January 1, 1992, in addition to any other
12fees required by law, the owner or operator of each site
13required to be registered or permitted under subsection (d) or
14(d-5) of Section 55 shall pay to the Agency an annual fee of
15$100. Fees collected under this subsection shall be deposited
16into the Environmental Protection Permit and Inspection Fund.
17    (c) Pursuant to appropriation, monies up to an amount of $2
18million per fiscal year from the Used Tire Management Fund
19shall be allocated as follows:
20        (1) 38% shall be available to the Agency for the
21    following purposes, provided that priority shall be given
22    to item (i):
23            (i) To undertake preventive, corrective or removal
24        action as authorized by and in accordance with Section
25        55.3, and to recover costs in accordance with Section

 

 

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1        55.3.
2            (ii) For the performance of inspection and
3        enforcement activities for used and waste tire sites.
4            (iii) (Blank). To assist with marketing of used
5        tires by augmenting the operations of an industrial
6        materials exchange service.
7            (iv) To provide financial assistance to units of
8        local government for the performance of inspecting,
9        investigating and enforcement activities pursuant to
10        subsection (r) of Section 4 at used and waste tire
11        sites.
12            (v) To provide financial assistance for used and
13        waste tire collection projects sponsored by local
14        government or not-for-profit corporations.
15            (vi) For the costs of fee collection and
16        administration relating to used and waste tires, and to
17        accomplish such other purposes as are authorized by
18        this Act and regulations thereunder.
19            (vii) To provide financial assistance to units of
20        local government and private industry for the purposes
21        of:
22                (A) assisting in the establishment of
23            facilities and programs to collect, process, and
24            utilize used and waste tires and tire-derived
25            materials;
26                (B) demonstrating the feasibility of

 

 

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1            innovative technologies as a means of collecting,
2            storing, processing, and utilizing used and waste
3            tires and tire-derived materials; and
4                (C) applying demonstrated technologies as a
5            means of collecting, storing, processing, and
6            utilizing used and waste tires and tire-derived
7            materials.
8        (2) For fiscal years beginning prior to July 1, 2004,
9    23% shall be available to the Department of Commerce and
10    Economic Opportunity for the following purposes, provided
11    that priority shall be given to item (A):
12            (A) To provide grants or loans for the purposes of:
13                (i) assisting units of local government and
14            private industry in the establishment of
15            facilities and programs to collect, process and
16            utilize used and waste tires and tire derived
17            materials;
18                (ii) demonstrating the feasibility of
19            innovative technologies as a means of collecting,
20            storing, processing and utilizing used and waste
21            tires and tire derived materials; and
22                (iii) applying demonstrated technologies as a
23            means of collecting, storing, processing, and
24            utilizing used and waste tires and tire derived
25            materials.
26            (B) To develop educational material for use by

 

 

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1        officials and the public to better understand and
2        respond to the problems posed by used tires and
3        associated insects.
4            (C) (Blank).
5            (D) To perform such research as the Director deems
6        appropriate to help meet the purposes of this Act.
7            (E) To pay the costs of administration of its
8        activities authorized under this Act.
9        (2.1) For the fiscal year beginning July 1, 2004 and
10    for all fiscal years thereafter, 23% shall be deposited
11    into the General Revenue Fund.
12        (3) 25% shall be available to the Illinois Department
13    of Public Health for the following purposes:
14            (A) To investigate threats or potential threats to
15        the public health related to mosquitoes and other
16        vectors of disease associated with the improper
17        storage, handling and disposal of tires, improper
18        waste disposal, or natural conditions.
19            (B) To conduct surveillance and monitoring
20        activities for mosquitoes and other arthropod vectors
21        of disease, and surveillance of animals which provide a
22        reservoir for disease-producing organisms.
23            (C) To conduct training activities to promote
24        vector control programs and integrated pest management
25        as defined in the Vector Control Act.
26            (D) To respond to inquiries, investigate

 

 

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1        complaints, conduct evaluations and provide technical
2        consultation to help reduce or eliminate public health
3        hazards and nuisance conditions associated with
4        mosquitoes and other vectors.
5            (E) To provide financial assistance to units of
6        local government for training, investigation and
7        response to public nuisances associated with
8        mosquitoes and other vectors of disease.
9        (4) 2% shall be available to the Department of
10    Agriculture for its activities under the Illinois
11    Pesticide Act relating to used and waste tires.
12        (5) 2% shall be available to the Pollution Control
13    Board for administration of its activities relating to used
14    and waste tires.
15        (6) 10% shall be available to the Department of Natural
16    Resources for the Illinois Natural History Survey to
17    perform research to study the biology, distribution,
18    population ecology, and biosystematics of tire-breeding
19    arthropods, especially mosquitoes, and the diseases they
20    spread.
21    (d) By January 1, 1998, and biennially thereafter, each
22State agency receiving an appropriation from the Used Tire
23Management Fund shall report to the Governor and the General
24Assembly on its activities relating to the Fund.
25    (e) Any monies appropriated from the Used Tire Management
26Fund, but not obligated, shall revert to the Fund.

 

 

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1    (f) In administering the provisions of subdivisions (1),
2(2) and (3) of subsection (c) of this Section, the Agency, the
3Department of Commerce and Economic Opportunity, and the
4Illinois Department of Public Health shall ensure that
5appropriate funding assistance is provided to any municipality
6with a population over 1,000,000 or to any sanitary district
7which serves a population over 1,000,000.
8    (g) Pursuant to appropriation, monies in excess of $2
9million per fiscal year from the Used Tire Management Fund
10shall be used as follows:
11        (1) 55% shall be available to the Agency for the
12    following purposes, provided that priority shall be given
13    to subparagraph (A):
14            (A) To undertake preventive, corrective or renewed
15        action as authorized by and in accordance with Section
16        55.3 and to recover costs in accordance with Section
17        55.3.
18            (B) To provide financial assistance to units of
19        local government and private industry for the purposes
20        of:
21                (i) assisting in the establishment of
22            facilities and programs to collect, process, and
23            utilize used and waste tires and tire-derived
24            materials;
25                (ii) demonstrating the feasibility of
26            innovative technologies as a means of collecting,

 

 

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1            storing, processing, and utilizing used and waste
2            tires and tire-derived materials; and
3                (iii) applying demonstrated technologies as a
4            means of collecting, storing, processing, and
5            utilizing used and waste tires and tire-derived
6            materials.
7        (2) For fiscal years beginning prior to July 1, 2004,
8    45% shall be available to the Department of Commerce and
9    Economic Opportunity to provide grants or loans for the
10    purposes of:
11            (i) assisting units of local government and
12        private industry in the establishment of facilities
13        and programs to collect, process and utilize waste
14        tires and tire derived material;
15            (ii) demonstrating the feasibility of innovative
16        technologies as a means of collecting, storing,
17        processing, and utilizing used and waste tires and tire
18        derived materials; and
19            (iii) applying demonstrated technologies as a
20        means of collecting, storing, processing, and
21        utilizing used and waste tires and tire derived
22        materials.
23        (3) For the fiscal year beginning July 1, 2004 and for
24    all fiscal years thereafter, 45% shall be deposited into
25    the General Revenue Fund.
26(Source: P.A. 98-656, eff. 6-19-14.)
 

 

 

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1    (415 ILCS 5/17.6 rep.)
2    Section 15. The Environmental Protection Act is amended by
3repealing Section 17.6.
 
4    Section 20. The Environmental Toxicology Act is amended by
5changing Sections 3 and 5 as follows:
 
6    (415 ILCS 75/3)  (from Ch. 111 1/2, par. 983)
7    Sec. 3. Definitions. As used in this Act, unless the
8context otherwise requires;
9    (a) "Department" means the Illinois Department of Public
10Health;
11    (b) "Director" means the Director of the Illinois
12Department of Public Health;
13    (c) "Program" means the Environmental Toxicology program
14as established by this Act;
15    (d) "Exposure" means contact with a hazardous substance;
16    (e) "Hazardous Substance" means chemical compounds,
17elements, or combinations of chemicals which, because of
18quantity concentration, physical characteristics or
19toxicological characteristics may pose a substantial present
20or potential hazard to human health and includes, but is not
21limited to, any substance defined as a hazardous substance in
22Section 3.215 of the "Environmental Protection Act", approved
23June 29, 1970, as amended;

 

 

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1    (f) "Initial Assessment" means a review and evaluation of
2site history and hazardous substances involved, potential for
3population exposure, the nature of any health related
4complaints and any known patterns in disease occurrence;
5    (g) "Comprehensive Health Study" means a detailed analysis
6which may include: a review of available environmental,
7morbidity and mortality data; environmental and biological
8sampling; detailed review of scientific literature; exposure
9analysis; population surveys; or any other scientific or
10epidemiologic methods deemed necessary to adequately evaluate
11the health status of the population at risk and any potential
12relationship to environmental factors;
13    (h) "Superfund Site" means any hazardous waste site
14designated for cleanup on the National Priorities List as
15mandated by the Comprehensive Environmental Response,
16Compensation, and Liability Act of 1980 (P.L. 96-510), as
17amended;
18    (i) (Blank). "State Remedial Action Priority List" means a
19list compiled by the Illinois Environmental Protection Agency
20which identifies sites that appear to present significant risk
21to the public health, welfare or environment.
22(Source: P.A. 92-574, eff. 6-26-02.)
 
23    (415 ILCS 75/5)  (from Ch. 111 1/2, par. 985)
24    Sec. 5. (a) Upon request by the Illinois Environmental
25Protection Agency, the Department shall conduct an initial

 

 

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1assessment for any location designated as a Superfund Site or
2on the State Remedial Action Priority List. Such assessment
3shall be initiated within 60 days of the request.
4    (b) (Blank). For sites designated as Superfund Sites or
5sites on the State Remedial Action Priority List on the
6effective date of this Act, the Department and the Illinois
7Environmental Protection Agency shall jointly determine which
8sites warrant initial assessment. If warranted, initial
9assessment shall be initiated by January 1, 1986.
10    (c) If, as a result of the initial assessment, the
11Department determines that a public health problem related to
12exposure to hazardous substances may exist in a community
13located near a designated site, the Department shall conduct a
14comprehensive health study to assess the full relationship, if
15any, between such threat or potential threat and possible
16exposure to hazardous substances at the designated site.
17(Source: P.A. 84-987.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    225 ILCS 320/35.5
4    415 ILCS 5/12.4
5    415 ILCS 5/21from Ch. 111 1/2, par. 1021
6    415 ILCS 5/22.15from Ch. 111 1/2, par. 1022.15
7    415 ILCS 5/22.28from Ch. 111 1/2, par. 1022.28
8    415 ILCS 5/22.29from Ch. 111 1/2, par. 1022.29
9    415 ILCS 5/55from Ch. 111 1/2, par. 1055
10    415 ILCS 5/55.6from Ch. 111 1/2, par. 1055.6
11    415 ILCS 5/17.6 rep.
12    415 ILCS 75/3from Ch. 111 1/2, par. 983
13    415 ILCS 75/5from Ch. 111 1/2, par. 985