HB1297 EnrolledLRB097 07110 JDS 47209 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 Administrative Procedure Act is
5amended by changing Sections 1-5 and 1-70 as follows:
 
6    (5 ILCS 100/1-5)  (from Ch. 127, par. 1001-5)
7    Sec. 1-5. Applicability.
8    (a) This Act applies to every agency as defined in this
9Act. Beginning January 1, 1978, in case of conflict between the
10provisions of this Act and the Act creating or conferring power
11on an agency, this Act shall control. If, however, an agency
12(or its predecessor in the case of an agency that has been
13consolidated or reorganized) has existing procedures on July 1,
141977, specifically for contested cases or licensing, those
15existing provisions control, except that this exception
16respecting contested cases and licensing does not apply if the
17Act creating or conferring power on the agency adopts by
18express reference the provisions of this Act. Where the Act
19creating or conferring power on an agency establishes
20administrative procedures not covered by this Act, those
21procedures shall remain in effect.
22    (b) The provisions of this Act do not apply to (i)
23preliminary hearings, investigations, or practices where no

 

 

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1final determinations affecting State funding are made by the
2State Board of Education, (ii) legal opinions issued under
3Section 2-3.7 of the School Code, (iii) as to State colleges
4and universities, their disciplinary and grievance
5proceedings, academic irregularity and capricious grading
6proceedings, and admission standards and procedures, and (iv)
7the class specifications for positions and individual position
8descriptions prepared and maintained under the Personnel Code.
9Those class specifications shall, however, be made reasonably
10available to the public for inspection and copying. The
11provisions of this Act do not apply to hearings under Section
1220 of the Uniform Disposition of Unclaimed Property Act.
13    (c) Section 5-35 of this Act relating to procedures for
14rulemaking does not apply to the following:
15        (1) Rules adopted by the Pollution Control Board that,
16    in accordance with Section 7.2 of the Environmental
17    Protection Act, are identical in substance to federal
18    regulations or amendments to those regulations
19    implementing the following: Sections 3001, 3002, 3003,
20    3004, 3005, and 9003 of the Solid Waste Disposal Act;
21    Section 105 of the Comprehensive Environmental Response,
22    Compensation, and Liability Act of 1980; Sections 307(b),
23    307(c), 307(d), 402(b)(8), and 402(b)(9) of the Federal
24    Water Pollution Control Act; and Sections 1412(b),
25    1414(c), 1417(a), 1421, and 1445(a) of the Safe Drinking
26    Water Act.

 

 

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1        (2) Rules adopted by the Pollution Control Board that
2    establish or amend standards for the emission of
3    hydrocarbons and carbon monoxide from gasoline powered
4    motor vehicles subject to inspection under the Vehicle
5    Emissions Inspection Law of 2005 or its predecessor laws.
6        (3) Procedural rules adopted by the Pollution Control
7    Board governing requests for exceptions under Section 14.2
8    of the Environmental Protection Act.
9        (4) The Pollution Control Board's grant, pursuant to an
10    adjudicatory determination, of an adjusted standard for
11    persons who can justify an adjustment consistent with
12    subsection (a) of Section 27 of the Environmental
13    Protection Act.
14        (5) Rules adopted by the Pollution Control Board that
15    are identical in substance to the regulations adopted by
16    the Office of the State Fire Marshal under clause (ii) of
17    paragraph (b) of subsection (3) of Section 2 of the
18    Gasoline Storage Act.
19        (6) Rules adopted by the Illinois Pollution Control
20    Board under Section 9.14 of the Environmental Protection
21    Act.
22    (d) Pay rates established under Section 8a of the Personnel
23Code shall be amended or repealed pursuant to the process set
24forth in Section 5-50 within 30 days after it becomes necessary
25to do so due to a conflict between the rates and the terms of a
26collective bargaining agreement covering the compensation of

 

 

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1an employee subject to that Code.
2    (e) Section 10-45 of this Act shall not apply to any
3hearing, proceeding, or investigation conducted under Section
413-515 of the Public Utilities Act.
5    (f) Article 10 of this Act does not apply to any hearing,
6proceeding, or investigation conducted by the State Council for
7the State of Illinois created under Section 3-3-11.05 of the
8Unified Code of Corrections or by the Interstate Commission for
9Adult Offender Supervision created under the Interstate
10Compact for Adult Offender Supervision or by the Interstate
11Commission for Juveniles created under the Interstate Compact
12for Juveniles.
13    (g) This Act is subject to the provisions of Article XXI of
14the Public Utilities Act. To the extent that any provision of
15this Act conflicts with the provisions of that Article XXI, the
16provisions of that Article XXI control.
17(Source: P.A. 95-9, eff. 6-30-07; 95-331, eff. 8-21-07; 95-937,
18eff. 8-26-08.)
 
19    (5 ILCS 100/1-70)  (from Ch. 127, par. 1001-70)
20    Sec. 1-70. "Rule" means each agency statement of general
21applicability that implements, applies, interprets, or
22prescribes law or policy, but does not include (i) statements
23concerning only the internal management of an agency and not
24affecting private rights or procedures available to persons or
25entities outside the agency, (ii) informal advisory rulings

 

 

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1issued under Section 5-150, (iii) intra-agency memoranda, (iv)
2the prescription of standardized forms, or (v) documents
3prepared or filed or actions taken by the Legislative Reference
4Bureau under Section 5.04 of the Legislative Reference Bureau
5Act, or (vi) guidance documents prepared by the Illinois
6Environmental Protection Agency under subsection (s) of
7Section 39 of the Environmental Protection Act.
8(Source: P.A. 87-823; 87-1005.)
 
9    Section 10. The Use Tax Act is amended by changing Section
109 as follows:
 
11    (35 ILCS 105/9)  (from Ch. 120, par. 439.9)
12    Sec. 9. Except as to motor vehicles, watercraft, aircraft,
13and trailers that are required to be registered with an agency
14of this State, each retailer required or authorized to collect
15the tax imposed by this Act shall pay to the Department the
16amount of such tax (except as otherwise provided) at the time
17when he is required to file his return for the period during
18which such tax was collected, less a discount of 2.1% prior to
19January 1, 1990, and 1.75% on and after January 1, 1990, or $5
20per calendar year, whichever is greater, which is allowed to
21reimburse the retailer for expenses incurred in collecting the
22tax, keeping records, preparing and filing returns, remitting
23the tax and supplying data to the Department on request. In the
24case of retailers who report and pay the tax on a transaction

 

 

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1by transaction basis, as provided in this Section, such
2discount shall be taken with each such tax remittance instead
3of when such retailer files his periodic return. A retailer
4need not remit that part of any tax collected by him to the
5extent that he is required to remit and does remit the tax
6imposed by the Retailers' Occupation Tax Act, with respect to
7the sale of the same property.
8    Where such tangible personal property is sold under a
9conditional sales contract, or under any other form of sale
10wherein the payment of the principal sum, or a part thereof, is
11extended beyond the close of the period for which the return is
12filed, the retailer, in collecting the tax (except as to motor
13vehicles, watercraft, aircraft, and trailers that are required
14to be registered with an agency of this State), may collect for
15each tax return period, only the tax applicable to that part of
16the selling price actually received during such tax return
17period.
18    Except as provided in this Section, on or before the
19twentieth day of each calendar month, such retailer shall file
20a return for the preceding calendar month. Such return shall be
21filed on forms prescribed by the Department and shall furnish
22such information as the Department may reasonably require.
23    The Department may require returns to be filed on a
24quarterly basis. If so required, a return for each calendar
25quarter shall be filed on or before the twentieth day of the
26calendar month following the end of such calendar quarter. The

 

 

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1taxpayer shall also file a return with the Department for each
2of the first two months of each calendar quarter, on or before
3the twentieth day of the following calendar month, stating:
4        1. The name of the seller;
5        2. The address of the principal place of business from
6    which he engages in the business of selling tangible
7    personal property at retail in this State;
8        3. The total amount of taxable receipts received by him
9    during the preceding calendar month from sales of tangible
10    personal property by him during such preceding calendar
11    month, including receipts from charge and time sales, but
12    less all deductions allowed by law;
13        4. The amount of credit provided in Section 2d of this
14    Act;
15        5. The amount of tax due;
16        5-5. The signature of the taxpayer; and
17        6. Such other reasonable information as the Department
18    may require.
19    If a taxpayer fails to sign a return within 30 days after
20the proper notice and demand for signature by the Department,
21the return shall be considered valid and any amount shown to be
22due on the return shall be deemed assessed.
23    Beginning October 1, 1993, a taxpayer who has an average
24monthly tax liability of $150,000 or more shall make all
25payments required by rules of the Department by electronic
26funds transfer. Beginning October 1, 1994, a taxpayer who has

 

 

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1an average monthly tax liability of $100,000 or more shall make
2all payments required by rules of the Department by electronic
3funds transfer. Beginning October 1, 1995, a taxpayer who has
4an average monthly tax liability of $50,000 or more shall make
5all payments required by rules of the Department by electronic
6funds transfer. Beginning October 1, 2000, a taxpayer who has
7an annual tax liability of $200,000 or more shall make all
8payments required by rules of the Department by electronic
9funds transfer. The term "annual tax liability" shall be the
10sum of the taxpayer's liabilities under this Act, and under all
11other State and local occupation and use tax laws administered
12by the Department, for the immediately preceding calendar year.
13The term "average monthly tax liability" means the sum of the
14taxpayer's liabilities under this Act, and under all other
15State and local occupation and use tax laws administered by the
16Department, for the immediately preceding calendar year
17divided by 12. Beginning on October 1, 2002, a taxpayer who has
18a tax liability in the amount set forth in subsection (b) of
19Section 2505-210 of the Department of Revenue Law shall make
20all payments required by rules of the Department by electronic
21funds transfer.
22    Before August 1 of each year beginning in 1993, the
23Department shall notify all taxpayers required to make payments
24by electronic funds transfer. All taxpayers required to make
25payments by electronic funds transfer shall make those payments
26for a minimum of one year beginning on October 1.

 

 

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1    Any taxpayer not required to make payments by electronic
2funds transfer may make payments by electronic funds transfer
3with the permission of the Department.
4    All taxpayers required to make payment by electronic funds
5transfer and any taxpayers authorized to voluntarily make
6payments by electronic funds transfer shall make those payments
7in the manner authorized by the Department.
8    The Department shall adopt such rules as are necessary to
9effectuate a program of electronic funds transfer and the
10requirements of this Section.
11    Before October 1, 2000, if the taxpayer's average monthly
12tax liability to the Department under this Act, the Retailers'
13Occupation Tax Act, the Service Occupation Tax Act, the Service
14Use Tax Act was $10,000 or more during the preceding 4 complete
15calendar quarters, he shall file a return with the Department
16each month by the 20th day of the month next following the
17month during which such tax liability is incurred and shall
18make payments to the Department on or before the 7th, 15th,
1922nd and last day of the month during which such liability is
20incurred. On and after October 1, 2000, if the taxpayer's
21average monthly tax liability to the Department under this Act,
22the Retailers' Occupation Tax Act, the Service Occupation Tax
23Act, and the Service Use Tax Act was $20,000 or more during the
24preceding 4 complete calendar quarters, he shall file a return
25with the Department each month by the 20th day of the month
26next following the month during which such tax liability is

 

 

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1incurred and shall make payment to the Department on or before
2the 7th, 15th, 22nd and last day of the month during which such
3liability is incurred. If the month during which such tax
4liability is incurred began prior to January 1, 1985, each
5payment shall be in an amount equal to 1/4 of the taxpayer's
6actual liability for the month or an amount set by the
7Department not to exceed 1/4 of the average monthly liability
8of the taxpayer to the Department for the preceding 4 complete
9calendar quarters (excluding the month of highest liability and
10the month of lowest liability in such 4 quarter period). If the
11month during which such tax liability is incurred begins on or
12after January 1, 1985, and prior to January 1, 1987, each
13payment shall be in an amount equal to 22.5% of the taxpayer's
14actual liability for the month or 27.5% of the taxpayer's
15liability for the same calendar month of the preceding year. If
16the month during which such tax liability is incurred begins on
17or after January 1, 1987, and prior to January 1, 1988, each
18payment shall be in an amount equal to 22.5% of the taxpayer's
19actual liability for the month or 26.25% of the taxpayer's
20liability for the same calendar month of the preceding year. If
21the month during which such tax liability is incurred begins on
22or after January 1, 1988, and prior to January 1, 1989, or
23begins on or after January 1, 1996, each payment shall be in an
24amount equal to 22.5% of the taxpayer's actual liability for
25the month or 25% of the taxpayer's liability for the same
26calendar month of the preceding year. If the month during which

 

 

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1such tax liability is incurred begins on or after January 1,
21989, and prior to January 1, 1996, each payment shall be in an
3amount equal to 22.5% of the taxpayer's actual liability for
4the month or 25% of the taxpayer's liability for the same
5calendar month of the preceding year or 100% of the taxpayer's
6actual liability for the quarter monthly reporting period. The
7amount of such quarter monthly payments shall be credited
8against the final tax liability of the taxpayer's return for
9that month. Before October 1, 2000, once applicable, the
10requirement of the making of quarter monthly payments to the
11Department shall continue until such taxpayer's average
12monthly liability to the Department during the preceding 4
13complete calendar quarters (excluding the month of highest
14liability and the month of lowest liability) is less than
15$9,000, or until such taxpayer's average monthly liability to
16the Department as computed for each calendar quarter of the 4
17preceding complete calendar quarter period is less than
18$10,000. However, if a taxpayer can show the Department that a
19substantial change in the taxpayer's business has occurred
20which causes the taxpayer to anticipate that his average
21monthly tax liability for the reasonably foreseeable future
22will fall below the $10,000 threshold stated above, then such
23taxpayer may petition the Department for change in such
24taxpayer's reporting status. On and after October 1, 2000, once
25applicable, the requirement of the making of quarter monthly
26payments to the Department shall continue until such taxpayer's

 

 

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1average monthly liability to the Department during the
2preceding 4 complete calendar quarters (excluding the month of
3highest liability and the month of lowest liability) is less
4than $19,000 or until such taxpayer's average monthly liability
5to the Department as computed for each calendar quarter of the
64 preceding complete calendar quarter period is less than
7$20,000. However, if a taxpayer can show the Department that a
8substantial change in the taxpayer's business has occurred
9which causes the taxpayer to anticipate that his average
10monthly tax liability for the reasonably foreseeable future
11will fall below the $20,000 threshold stated above, then such
12taxpayer may petition the Department for a change in such
13taxpayer's reporting status. The Department shall change such
14taxpayer's reporting status unless it finds that such change is
15seasonal in nature and not likely to be long term. If any such
16quarter monthly payment is not paid at the time or in the
17amount required by this Section, then the taxpayer shall be
18liable for penalties and interest on the difference between the
19minimum amount due and the amount of such quarter monthly
20payment actually and timely paid, except insofar as the
21taxpayer has previously made payments for that month to the
22Department in excess of the minimum payments previously due as
23provided in this Section. The Department shall make reasonable
24rules and regulations to govern the quarter monthly payment
25amount and quarter monthly payment dates for taxpayers who file
26on other than a calendar monthly basis.

 

 

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1    If any such payment provided for in this Section exceeds
2the taxpayer's liabilities under this Act, the Retailers'
3Occupation Tax Act, the Service Occupation Tax Act and the
4Service Use Tax Act, as shown by an original monthly return,
5the Department shall issue to the taxpayer a credit memorandum
6no later than 30 days after the date of payment, which
7memorandum may be submitted by the taxpayer to the Department
8in payment of tax liability subsequently to be remitted by the
9taxpayer to the Department or be assigned by the taxpayer to a
10similar taxpayer under this Act, the Retailers' Occupation Tax
11Act, the Service Occupation Tax Act or the Service Use Tax Act,
12in accordance with reasonable rules and regulations to be
13prescribed by the Department, except that if such excess
14payment is shown on an original monthly return and is made
15after December 31, 1986, no credit memorandum shall be issued,
16unless requested by the taxpayer. If no such request is made,
17the taxpayer may credit such excess payment against tax
18liability subsequently to be remitted by the taxpayer to the
19Department under this Act, the Retailers' Occupation Tax Act,
20the Service Occupation Tax Act or the Service Use Tax Act, in
21accordance with reasonable rules and regulations prescribed by
22the Department. If the Department subsequently determines that
23all or any part of the credit taken was not actually due to the
24taxpayer, the taxpayer's 2.1% or 1.75% vendor's discount shall
25be reduced by 2.1% or 1.75% of the difference between the
26credit taken and that actually due, and the taxpayer shall be

 

 

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1liable for penalties and interest on such difference.
2    If the retailer is otherwise required to file a monthly
3return and if the retailer's average monthly tax liability to
4the Department does not exceed $200, the Department may
5authorize his returns to be filed on a quarter annual basis,
6with the return for January, February, and March of a given
7year being due by April 20 of such year; with the return for
8April, May and June of a given year being due by July 20 of such
9year; with the return for July, August and September of a given
10year being due by October 20 of such year, and with the return
11for October, November and December of a given year being due by
12January 20 of the following year.
13    If the retailer is otherwise required to file a monthly or
14quarterly return and if the retailer's average monthly tax
15liability to the Department does not exceed $50, the Department
16may authorize his returns to be filed on an annual basis, with
17the return for a given year being due by January 20 of the
18following year.
19    Such quarter annual and annual returns, as to form and
20substance, shall be subject to the same requirements as monthly
21returns.
22    Notwithstanding any other provision in this Act concerning
23the time within which a retailer may file his return, in the
24case of any retailer who ceases to engage in a kind of business
25which makes him responsible for filing returns under this Act,
26such retailer shall file a final return under this Act with the

 

 

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1Department not more than one month after discontinuing such
2business.
3    In addition, with respect to motor vehicles, watercraft,
4aircraft, and trailers that are required to be registered with
5an agency of this State, every retailer selling this kind of
6tangible personal property shall file, with the Department,
7upon a form to be prescribed and supplied by the Department, a
8separate return for each such item of tangible personal
9property which the retailer sells, except that if, in the same
10transaction, (i) a retailer of aircraft, watercraft, motor
11vehicles or trailers transfers more than one aircraft,
12watercraft, motor vehicle or trailer to another aircraft,
13watercraft, motor vehicle or trailer retailer for the purpose
14of resale or (ii) a retailer of aircraft, watercraft, motor
15vehicles, or trailers transfers more than one aircraft,
16watercraft, motor vehicle, or trailer to a purchaser for use as
17a qualifying rolling stock as provided in Section 3-55 of this
18Act, then that seller may report the transfer of all the
19aircraft, watercraft, motor vehicles or trailers involved in
20that transaction to the Department on the same uniform
21invoice-transaction reporting return form. For purposes of
22this Section, "watercraft" means a Class 2, Class 3, or Class 4
23watercraft as defined in Section 3-2 of the Boat Registration
24and Safety Act, a personal watercraft, or any boat equipped
25with an inboard motor.
26    The transaction reporting return in the case of motor

 

 

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1vehicles or trailers that are required to be registered with an
2agency of this State, shall be the same document as the Uniform
3Invoice referred to in Section 5-402 of the Illinois Vehicle
4Code and must show the name and address of the seller; the name
5and address of the purchaser; the amount of the selling price
6including the amount allowed by the retailer for traded-in
7property, if any; the amount allowed by the retailer for the
8traded-in tangible personal property, if any, to the extent to
9which Section 2 of this Act allows an exemption for the value
10of traded-in property; the balance payable after deducting such
11trade-in allowance from the total selling price; the amount of
12tax due from the retailer with respect to such transaction; the
13amount of tax collected from the purchaser by the retailer on
14such transaction (or satisfactory evidence that such tax is not
15due in that particular instance, if that is claimed to be the
16fact); the place and date of the sale; a sufficient
17identification of the property sold; such other information as
18is required in Section 5-402 of the Illinois Vehicle Code, and
19such other information as the Department may reasonably
20require.
21    The transaction reporting return in the case of watercraft
22and aircraft must show the name and address of the seller; the
23name and address of the purchaser; the amount of the selling
24price including the amount allowed by the retailer for
25traded-in property, if any; the amount allowed by the retailer
26for the traded-in tangible personal property, if any, to the

 

 

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1extent to which Section 2 of this Act allows an exemption for
2the value of traded-in property; the balance payable after
3deducting such trade-in allowance from the total selling price;
4the amount of tax due from the retailer with respect to such
5transaction; the amount of tax collected from the purchaser by
6the retailer on such transaction (or satisfactory evidence that
7such tax is not due in that particular instance, if that is
8claimed to be the fact); the place and date of the sale, a
9sufficient identification of the property sold, and such other
10information as the Department may reasonably require.
11    Such transaction reporting return shall be filed not later
12than 20 days after the date of delivery of the item that is
13being sold, but may be filed by the retailer at any time sooner
14than that if he chooses to do so. The transaction reporting
15return and tax remittance or proof of exemption from the tax
16that is imposed by this Act may be transmitted to the
17Department by way of the State agency with which, or State
18officer with whom, the tangible personal property must be
19titled or registered (if titling or registration is required)
20if the Department and such agency or State officer determine
21that this procedure will expedite the processing of
22applications for title or registration.
23    With each such transaction reporting return, the retailer
24shall remit the proper amount of tax due (or shall submit
25satisfactory evidence that the sale is not taxable if that is
26the case), to the Department or its agents, whereupon the

 

 

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1Department shall issue, in the purchaser's name, a tax receipt
2(or a certificate of exemption if the Department is satisfied
3that the particular sale is tax exempt) which such purchaser
4may submit to the agency with which, or State officer with
5whom, he must title or register the tangible personal property
6that is involved (if titling or registration is required) in
7support of such purchaser's application for an Illinois
8certificate or other evidence of title or registration to such
9tangible personal property.
10    No retailer's failure or refusal to remit tax under this
11Act precludes a user, who has paid the proper tax to the
12retailer, from obtaining his certificate of title or other
13evidence of title or registration (if titling or registration
14is required) upon satisfying the Department that such user has
15paid the proper tax (if tax is due) to the retailer. The
16Department shall adopt appropriate rules to carry out the
17mandate of this paragraph.
18    If the user who would otherwise pay tax to the retailer
19wants the transaction reporting return filed and the payment of
20tax or proof of exemption made to the Department before the
21retailer is willing to take these actions and such user has not
22paid the tax to the retailer, such user may certify to the fact
23of such delay by the retailer, and may (upon the Department
24being satisfied of the truth of such certification) transmit
25the information required by the transaction reporting return
26and the remittance for tax or proof of exemption directly to

 

 

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1the Department and obtain his tax receipt or exemption
2determination, in which event the transaction reporting return
3and tax remittance (if a tax payment was required) shall be
4credited by the Department to the proper retailer's account
5with the Department, but without the 2.1% or 1.75% discount
6provided for in this Section being allowed. When the user pays
7the tax directly to the Department, he shall pay the tax in the
8same amount and in the same form in which it would be remitted
9if the tax had been remitted to the Department by the retailer.
10    Where a retailer collects the tax with respect to the
11selling price of tangible personal property which he sells and
12the purchaser thereafter returns such tangible personal
13property and the retailer refunds the selling price thereof to
14the purchaser, such retailer shall also refund, to the
15purchaser, the tax so collected from the purchaser. When filing
16his return for the period in which he refunds such tax to the
17purchaser, the retailer may deduct the amount of the tax so
18refunded by him to the purchaser from any other use tax which
19such retailer may be required to pay or remit to the
20Department, as shown by such return, if the amount of the tax
21to be deducted was previously remitted to the Department by
22such retailer. If the retailer has not previously remitted the
23amount of such tax to the Department, he is entitled to no
24deduction under this Act upon refunding such tax to the
25purchaser.
26    Any retailer filing a return under this Section shall also

 

 

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1include (for the purpose of paying tax thereon) the total tax
2covered by such return upon the selling price of tangible
3personal property purchased by him at retail from a retailer,
4but as to which the tax imposed by this Act was not collected
5from the retailer filing such return, and such retailer shall
6remit the amount of such tax to the Department when filing such
7return.
8    If experience indicates such action to be practicable, the
9Department may prescribe and furnish a combination or joint
10return which will enable retailers, who are required to file
11returns hereunder and also under the Retailers' Occupation Tax
12Act, to furnish all the return information required by both
13Acts on the one form.
14    Where the retailer has more than one business registered
15with the Department under separate registration under this Act,
16such retailer may not file each return that is due as a single
17return covering all such registered businesses, but shall file
18separate returns for each such registered business.
19    Beginning January 1, 1990, each month the Department shall
20pay into the State and Local Sales Tax Reform Fund, a special
21fund in the State Treasury which is hereby created, the net
22revenue realized for the preceding month from the 1% tax on
23sales of food for human consumption which is to be consumed off
24the premises where it is sold (other than alcoholic beverages,
25soft drinks and food which has been prepared for immediate
26consumption) and prescription and nonprescription medicines,

 

 

HB1297 Enrolled- 21 -LRB097 07110 JDS 47209 b

1drugs, medical appliances and insulin, urine testing
2materials, syringes and needles used by diabetics.
3    Beginning January 1, 1990, each month the Department shall
4pay into the County and Mass Transit District Fund 4% of the
5net revenue realized for the preceding month from the 6.25%
6general rate on the selling price of tangible personal property
7which is purchased outside Illinois at retail from a retailer
8and which is titled or registered by an agency of this State's
9government.
10    Beginning January 1, 1990, each month the Department shall
11pay into the State and Local Sales Tax Reform Fund, a special
12fund in the State Treasury, 20% of the net revenue realized for
13the preceding month from the 6.25% general rate on the selling
14price of tangible personal property, other than tangible
15personal property which is purchased outside Illinois at retail
16from a retailer and which is titled or registered by an agency
17of this State's government.
18    Beginning August 1, 2000, each month the Department shall
19pay into the State and Local Sales Tax Reform Fund 100% of the
20net revenue realized for the preceding month from the 1.25%
21rate on the selling price of motor fuel and gasohol. Beginning
22September 1, 2010, each month the Department shall pay into the
23State and Local Sales Tax Reform Fund 100% of the net revenue
24realized for the preceding month from the 1.25% rate on the
25selling price of sales tax holiday items.
26    Beginning January 1, 1990, each month the Department shall

 

 

HB1297 Enrolled- 22 -LRB097 07110 JDS 47209 b

1pay into the Local Government Tax Fund 16% of the net revenue
2realized for the preceding month from the 6.25% general rate on
3the selling price of tangible personal property which is
4purchased outside Illinois at retail from a retailer and which
5is titled or registered by an agency of this State's
6government.
7    Beginning October 1, 2009, each month the Department shall
8pay into the Capital Projects Fund an amount that is equal to
9an amount estimated by the Department to represent 80% of the
10net revenue realized for the preceding month from the sale of
11candy, grooming and hygiene products, and soft drinks that had
12been taxed at a rate of 1% prior to September 1, 2009 but that
13is now taxed at 6.25%.
14    Beginning July 1, 2011, each month the Department shall pay
15into the Clean Air Act (CAA) Permit Fund 80% of the net revenue
16realized for the preceding month from the 6.25% general rate on
17the selling price of sorbents used in Illinois in the process
18of sorbent injection as used to comply with the Environmental
19Protection Act or the federal Clean Air Act, but the total
20payment into the Clean Air Act (CAA) Permit Fund under this Act
21and the Retailers' Occupation Tax Act shall not exceed
22$2,000,000 in any fiscal year.
23    Of the remainder of the moneys received by the Department
24pursuant to this Act, (a) 1.75% thereof shall be paid into the
25Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
26and after July 1, 1989, 3.8% thereof shall be paid into the

 

 

HB1297 Enrolled- 23 -LRB097 07110 JDS 47209 b

1Build Illinois Fund; provided, however, that if in any fiscal
2year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
3may be, of the moneys received by the Department and required
4to be paid into the Build Illinois Fund pursuant to Section 3
5of the Retailers' Occupation Tax Act, Section 9 of the Use Tax
6Act, Section 9 of the Service Use Tax Act, and Section 9 of the
7Service Occupation Tax Act, such Acts being hereinafter called
8the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case
9may be, of moneys being hereinafter called the "Tax Act
10Amount", and (2) the amount transferred to the Build Illinois
11Fund from the State and Local Sales Tax Reform Fund shall be
12less than the Annual Specified Amount (as defined in Section 3
13of the Retailers' Occupation Tax Act), an amount equal to the
14difference shall be immediately paid into the Build Illinois
15Fund from other moneys received by the Department pursuant to
16the Tax Acts; and further provided, that if on the last
17business day of any month the sum of (1) the Tax Act Amount
18required to be deposited into the Build Illinois Bond Account
19in the Build Illinois Fund during such month and (2) the amount
20transferred during such month to the Build Illinois Fund from
21the State and Local Sales Tax Reform Fund shall have been less
22than 1/12 of the Annual Specified Amount, an amount equal to
23the difference shall be immediately paid into the Build
24Illinois Fund from other moneys received by the Department
25pursuant to the Tax Acts; and, further provided, that in no
26event shall the payments required under the preceding proviso

 

 

HB1297 Enrolled- 24 -LRB097 07110 JDS 47209 b

1result in aggregate payments into the Build Illinois Fund
2pursuant to this clause (b) for any fiscal year in excess of
3the greater of (i) the Tax Act Amount or (ii) the Annual
4Specified Amount for such fiscal year; and, further provided,
5that the amounts payable into the Build Illinois Fund under
6this clause (b) shall be payable only until such time as the
7aggregate amount on deposit under each trust indenture securing
8Bonds issued and outstanding pursuant to the Build Illinois
9Bond Act is sufficient, taking into account any future
10investment income, to fully provide, in accordance with such
11indenture, for the defeasance of or the payment of the
12principal of, premium, if any, and interest on the Bonds
13secured by such indenture and on any Bonds expected to be
14issued thereafter and all fees and costs payable with respect
15thereto, all as certified by the Director of the Bureau of the
16Budget (now Governor's Office of Management and Budget). If on
17the last business day of any month in which Bonds are
18outstanding pursuant to the Build Illinois Bond Act, the
19aggregate of the moneys deposited in the Build Illinois Bond
20Account in the Build Illinois Fund in such month shall be less
21than the amount required to be transferred in such month from
22the Build Illinois Bond Account to the Build Illinois Bond
23Retirement and Interest Fund pursuant to Section 13 of the
24Build Illinois Bond Act, an amount equal to such deficiency
25shall be immediately paid from other moneys received by the
26Department pursuant to the Tax Acts to the Build Illinois Fund;

 

 

HB1297 Enrolled- 25 -LRB097 07110 JDS 47209 b

1provided, however, that any amounts paid to the Build Illinois
2Fund in any fiscal year pursuant to this sentence shall be
3deemed to constitute payments pursuant to clause (b) of the
4preceding sentence and shall reduce the amount otherwise
5payable for such fiscal year pursuant to clause (b) of the
6preceding sentence. The moneys received by the Department
7pursuant to this Act and required to be deposited into the
8Build Illinois Fund are subject to the pledge, claim and charge
9set forth in Section 12 of the Build Illinois Bond Act.
10    Subject to payment of amounts into the Build Illinois Fund
11as provided in the preceding paragraph or in any amendment
12thereto hereafter enacted, the following specified monthly
13installment of the amount requested in the certificate of the
14Chairman of the Metropolitan Pier and Exposition Authority
15provided under Section 8.25f of the State Finance Act, but not
16in excess of the sums designated as "Total Deposit", shall be
17deposited in the aggregate from collections under Section 9 of
18the Use Tax Act, Section 9 of the Service Use Tax Act, Section
199 of the Service Occupation Tax Act, and Section 3 of the
20Retailers' Occupation Tax Act into the McCormick Place
21Expansion Project Fund in the specified fiscal years.
22Fiscal YearTotal Deposit
231993         $0
241994 53,000,000
251995 58,000,000

 

 

HB1297 Enrolled- 26 -LRB097 07110 JDS 47209 b

11996 61,000,000
21997 64,000,000
31998 68,000,000
41999 71,000,000
52000 75,000,000
62001 80,000,000
72002 93,000,000
82003 99,000,000
92004103,000,000
102005108,000,000
112006113,000,000
122007119,000,000
132008126,000,000
142009132,000,000
152010139,000,000
162011146,000,000
172012153,000,000
182013161,000,000
192014170,000,000
202015179,000,000
212016189,000,000
222017199,000,000
232018210,000,000
242019221,000,000
252020233,000,000
262021246,000,000

 

 

HB1297 Enrolled- 27 -LRB097 07110 JDS 47209 b

12022260,000,000
22023275,000,000
32024 275,000,000
42025 275,000,000
52026 279,000,000
62027 292,000,000
72028 307,000,000
82029 322,000,000
92030 338,000,000
102031 350,000,000
112032 350,000,000
12and
13each fiscal year
14thereafter that bonds
15are outstanding under
16Section 13.2 of the
17Metropolitan Pier and
18Exposition Authority Act,
19but not after fiscal year 2060.
20    Beginning July 20, 1993 and in each month of each fiscal
21year thereafter, one-eighth of the amount requested in the
22certificate of the Chairman of the Metropolitan Pier and
23Exposition Authority for that fiscal year, less the amount
24deposited into the McCormick Place Expansion Project Fund by
25the State Treasurer in the respective month under subsection
26(g) of Section 13 of the Metropolitan Pier and Exposition

 

 

HB1297 Enrolled- 28 -LRB097 07110 JDS 47209 b

1Authority Act, plus cumulative deficiencies in the deposits
2required under this Section for previous months and years,
3shall be deposited into the McCormick Place Expansion Project
4Fund, until the full amount requested for the fiscal year, but
5not in excess of the amount specified above as "Total Deposit",
6has been deposited.
7    Subject to payment of amounts into the Build Illinois Fund
8and the McCormick Place Expansion Project Fund pursuant to the
9preceding paragraphs or in any amendments thereto hereafter
10enacted, beginning July 1, 1993, the Department shall each
11month pay into the Illinois Tax Increment Fund 0.27% of 80% of
12the net revenue realized for the preceding month from the 6.25%
13general rate on the selling price of tangible personal
14property.
15    Subject to payment of amounts into the Build Illinois Fund
16and the McCormick Place Expansion Project Fund pursuant to the
17preceding paragraphs or in any amendments thereto hereafter
18enacted, beginning with the receipt of the first report of
19taxes paid by an eligible business and continuing for a 25-year
20period, the Department shall each month pay into the Energy
21Infrastructure Fund 80% of the net revenue realized from the
226.25% general rate on the selling price of Illinois-mined coal
23that was sold to an eligible business. For purposes of this
24paragraph, the term "eligible business" means a new electric
25generating facility certified pursuant to Section 605-332 of
26the Department of Commerce and Economic Opportunity Law of the

 

 

HB1297 Enrolled- 29 -LRB097 07110 JDS 47209 b

1Civil Administrative Code of Illinois.
2    Of the remainder of the moneys received by the Department
3pursuant to this Act, 75% thereof shall be paid into the State
4Treasury and 25% shall be reserved in a special account and
5used only for the transfer to the Common School Fund as part of
6the monthly transfer from the General Revenue Fund in
7accordance with Section 8a of the State Finance Act.
8    As soon as possible after the first day of each month, upon
9certification of the Department of Revenue, the Comptroller
10shall order transferred and the Treasurer shall transfer from
11the General Revenue Fund to the Motor Fuel Tax Fund an amount
12equal to 1.7% of 80% of the net revenue realized under this Act
13for the second preceding month. Beginning April 1, 2000, this
14transfer is no longer required and shall not be made.
15    Net revenue realized for a month shall be the revenue
16collected by the State pursuant to this Act, less the amount
17paid out during that month as refunds to taxpayers for
18overpayment of liability.
19    For greater simplicity of administration, manufacturers,
20importers and wholesalers whose products are sold at retail in
21Illinois by numerous retailers, and who wish to do so, may
22assume the responsibility for accounting and paying to the
23Department all tax accruing under this Act with respect to such
24sales, if the retailers who are affected do not make written
25objection to the Department to this arrangement.
26(Source: P.A. 96-34, eff. 7-13-09; 96-38, eff. 7-13-09; 96-898,

 

 

HB1297 Enrolled- 30 -LRB097 07110 JDS 47209 b

1eff. 5-27-10; 96-1012, eff. 7-7-10; revised 7-22-10.)
 
2    Section 15. The Retailers' Occupation Tax Act is amended by
3adding Section 2j and changing Section 3 as follows:
 
4    (35 ILCS 120/2j new)
5    Sec. 2j. Sorbent purchasing reports. Illinois businesses
6that purchase sorbents for use in mercury control, as described
7in 35 Ill. Adm. Code 225, shall file a monthly report with the
8Department stating the amount of sorbent purchased during the
9previous month, the purchase price of the sorbent, the amount
10of State occupation and use taxes paid on the purchase of the
11sorbent (whether to the selling retailer or directly to the
12Department of Revenue pursuant to a direct pay permit), and any
13other information the Department may reasonably require. In
14sales of sorbents between related parties, the purchase price
15of the sorbent must have been determined in an arms-length
16transaction. The report shall be filed with the Department on
17or before the 20th day of each month following a month in which
18sorbents were purchased, on a form provided by the Department.
19However, no report need be filed in a month when the taxpayer
20made no reportable purchases of sorbents in the previous month.
21The Department shall provide a monthly summary of these reports
22to the Illinois Environmental Protection Agency. Upon request,
23the Illinois Environmental Protection Agency shall provide the
24Department with a list of Illinois businesses that are subject

 

 

HB1297 Enrolled- 31 -LRB097 07110 JDS 47209 b

1to 35 Ill. Adm. Code 225.
 
2    (35 ILCS 120/3)  (from Ch. 120, par. 442)
3    Sec. 3. Except as provided in this Section, on or before
4the twentieth day of each calendar month, every person engaged
5in the business of selling tangible personal property at retail
6in this State during the preceding calendar month shall file a
7return with the Department, stating:
8        1. The name of the seller;
9        2. His residence address and the address of his
10    principal place of business and the address of the
11    principal place of business (if that is a different
12    address) from which he engages in the business of selling
13    tangible personal property at retail in this State;
14        3. Total amount of receipts received by him during the
15    preceding calendar month or quarter, as the case may be,
16    from sales of tangible personal property, and from services
17    furnished, by him during such preceding calendar month or
18    quarter;
19        4. Total amount received by him during the preceding
20    calendar month or quarter on charge and time sales of
21    tangible personal property, and from services furnished,
22    by him prior to the month or quarter for which the return
23    is filed;
24        5. Deductions allowed by law;
25        6. Gross receipts which were received by him during the

 

 

HB1297 Enrolled- 32 -LRB097 07110 JDS 47209 b

1    preceding calendar month or quarter and upon the basis of
2    which the tax is imposed;
3        7. The amount of credit provided in Section 2d of this
4    Act;
5        8. The amount of tax due;
6        9. The signature of the taxpayer; and
7        10. Such other reasonable information as the
8    Department may require.
9    If a taxpayer fails to sign a return within 30 days after
10the proper notice and demand for signature by the Department,
11the return shall be considered valid and any amount shown to be
12due on the return shall be deemed assessed.
13    Each return shall be accompanied by the statement of
14prepaid tax issued pursuant to Section 2e for which credit is
15claimed.
16    Prior to October 1, 2003, and on and after September 1,
172004 a retailer may accept a Manufacturer's Purchase Credit
18certification from a purchaser in satisfaction of Use Tax as
19provided in Section 3-85 of the Use Tax Act if the purchaser
20provides the appropriate documentation as required by Section
213-85 of the Use Tax Act. A Manufacturer's Purchase Credit
22certification, accepted by a retailer prior to October 1, 2003
23and on and after September 1, 2004 as provided in Section 3-85
24of the Use Tax Act, may be used by that retailer to satisfy
25Retailers' Occupation Tax liability in the amount claimed in
26the certification, not to exceed 6.25% of the receipts subject

 

 

HB1297 Enrolled- 33 -LRB097 07110 JDS 47209 b

1to tax from a qualifying purchase. A Manufacturer's Purchase
2Credit reported on any original or amended return filed under
3this Act after October 20, 2003 for reporting periods prior to
4September 1, 2004 shall be disallowed. Manufacturer's
5Purchaser Credit reported on annual returns due on or after
6January 1, 2005 will be disallowed for periods prior to
7September 1, 2004. No Manufacturer's Purchase Credit may be
8used after September 30, 2003 through August 31, 2004 to
9satisfy any tax liability imposed under this Act, including any
10audit liability.
11    The Department may require returns to be filed on a
12quarterly basis. If so required, a return for each calendar
13quarter shall be filed on or before the twentieth day of the
14calendar month following the end of such calendar quarter. The
15taxpayer shall also file a return with the Department for each
16of the first two months of each calendar quarter, on or before
17the twentieth day of the following calendar month, stating:
18        1. The name of the seller;
19        2. The address of the principal place of business from
20    which he engages in the business of selling tangible
21    personal property at retail in this State;
22        3. The total amount of taxable receipts received by him
23    during the preceding calendar month from sales of tangible
24    personal property by him during such preceding calendar
25    month, including receipts from charge and time sales, but
26    less all deductions allowed by law;

 

 

HB1297 Enrolled- 34 -LRB097 07110 JDS 47209 b

1        4. The amount of credit provided in Section 2d of this
2    Act;
3        5. The amount of tax due; and
4        6. Such other reasonable information as the Department
5    may require.
6    Beginning on October 1, 2003, any person who is not a
7licensed distributor, importing distributor, or manufacturer,
8as defined in the Liquor Control Act of 1934, but is engaged in
9the business of selling, at retail, alcoholic liquor shall file
10a statement with the Department of Revenue, in a format and at
11a time prescribed by the Department, showing the total amount
12paid for alcoholic liquor purchased during the preceding month
13and such other information as is reasonably required by the
14Department. The Department may adopt rules to require that this
15statement be filed in an electronic or telephonic format. Such
16rules may provide for exceptions from the filing requirements
17of this paragraph. For the purposes of this paragraph, the term
18"alcoholic liquor" shall have the meaning prescribed in the
19Liquor Control Act of 1934.
20    Beginning on October 1, 2003, every distributor, importing
21distributor, and manufacturer of alcoholic liquor as defined in
22the Liquor Control Act of 1934, shall file a statement with the
23Department of Revenue, no later than the 10th day of the month
24for the preceding month during which transactions occurred, by
25electronic means, showing the total amount of gross receipts
26from the sale of alcoholic liquor sold or distributed during

 

 

HB1297 Enrolled- 35 -LRB097 07110 JDS 47209 b

1the preceding month to purchasers; identifying the purchaser to
2whom it was sold or distributed; the purchaser's tax
3registration number; and such other information reasonably
4required by the Department. A distributor, importing
5distributor, or manufacturer of alcoholic liquor must
6personally deliver, mail, or provide by electronic means to
7each retailer listed on the monthly statement a report
8containing a cumulative total of that distributor's, importing
9distributor's, or manufacturer's total sales of alcoholic
10liquor to that retailer no later than the 10th day of the month
11for the preceding month during which the transaction occurred.
12The distributor, importing distributor, or manufacturer shall
13notify the retailer as to the method by which the distributor,
14importing distributor, or manufacturer will provide the sales
15information. If the retailer is unable to receive the sales
16information by electronic means, the distributor, importing
17distributor, or manufacturer shall furnish the sales
18information by personal delivery or by mail. For purposes of
19this paragraph, the term "electronic means" includes, but is
20not limited to, the use of a secure Internet website, e-mail,
21or facsimile.
22    If a total amount of less than $1 is payable, refundable or
23creditable, such amount shall be disregarded if it is less than
2450 cents and shall be increased to $1 if it is 50 cents or more.
25    Beginning October 1, 1993, a taxpayer who has an average
26monthly tax liability of $150,000 or more shall make all

 

 

HB1297 Enrolled- 36 -LRB097 07110 JDS 47209 b

1payments required by rules of the Department by electronic
2funds transfer. Beginning October 1, 1994, a taxpayer who has
3an average monthly tax liability of $100,000 or more shall make
4all payments required by rules of the Department by electronic
5funds transfer. Beginning October 1, 1995, a taxpayer who has
6an average monthly tax liability of $50,000 or more shall make
7all payments required by rules of the Department by electronic
8funds transfer. Beginning October 1, 2000, a taxpayer who has
9an annual tax liability of $200,000 or more shall make all
10payments required by rules of the Department by electronic
11funds transfer. The term "annual tax liability" shall be the
12sum of the taxpayer's liabilities under this Act, and under all
13other State and local occupation and use tax laws administered
14by the Department, for the immediately preceding calendar year.
15The term "average monthly tax liability" shall be the sum of
16the taxpayer's liabilities under this Act, and under all other
17State and local occupation and use tax laws administered by the
18Department, for the immediately preceding calendar year
19divided by 12. Beginning on October 1, 2002, a taxpayer who has
20a tax liability in the amount set forth in subsection (b) of
21Section 2505-210 of the Department of Revenue Law shall make
22all payments required by rules of the Department by electronic
23funds transfer.
24    Before August 1 of each year beginning in 1993, the
25Department shall notify all taxpayers required to make payments
26by electronic funds transfer. All taxpayers required to make

 

 

HB1297 Enrolled- 37 -LRB097 07110 JDS 47209 b

1payments by electronic funds transfer shall make those payments
2for a minimum of one year beginning on October 1.
3    Any taxpayer not required to make payments by electronic
4funds transfer may make payments by electronic funds transfer
5with the permission of the Department.
6    All taxpayers required to make payment by electronic funds
7transfer and any taxpayers authorized to voluntarily make
8payments by electronic funds transfer shall make those payments
9in the manner authorized by the Department.
10    The Department shall adopt such rules as are necessary to
11effectuate a program of electronic funds transfer and the
12requirements of this Section.
13    Any amount which is required to be shown or reported on any
14return or other document under this Act shall, if such amount
15is not a whole-dollar amount, be increased to the nearest
16whole-dollar amount in any case where the fractional part of a
17dollar is 50 cents or more, and decreased to the nearest
18whole-dollar amount where the fractional part of a dollar is
19less than 50 cents.
20    If the retailer is otherwise required to file a monthly
21return and if the retailer's average monthly tax liability to
22the Department does not exceed $200, the Department may
23authorize his returns to be filed on a quarter annual basis,
24with the return for January, February and March of a given year
25being due by April 20 of such year; with the return for April,
26May and June of a given year being due by July 20 of such year;

 

 

HB1297 Enrolled- 38 -LRB097 07110 JDS 47209 b

1with the return for July, August and September of a given year
2being due by October 20 of such year, and with the return for
3October, November and December of a given year being due by
4January 20 of the following year.
5    If the retailer is otherwise required to file a monthly or
6quarterly return and if the retailer's average monthly tax
7liability with the Department does not exceed $50, the
8Department may authorize his returns to be filed on an annual
9basis, with the return for a given year being due by January 20
10of the following year.
11    Such quarter annual and annual returns, as to form and
12substance, shall be subject to the same requirements as monthly
13returns.
14    Notwithstanding any other provision in this Act concerning
15the time within which a retailer may file his return, in the
16case of any retailer who ceases to engage in a kind of business
17which makes him responsible for filing returns under this Act,
18such retailer shall file a final return under this Act with the
19Department not more than one month after discontinuing such
20business.
21    Where the same person has more than one business registered
22with the Department under separate registrations under this
23Act, such person may not file each return that is due as a
24single return covering all such registered businesses, but
25shall file separate returns for each such registered business.
26    In addition, with respect to motor vehicles, watercraft,

 

 

HB1297 Enrolled- 39 -LRB097 07110 JDS 47209 b

1aircraft, and trailers that are required to be registered with
2an agency of this State, every retailer selling this kind of
3tangible personal property shall file, with the Department,
4upon a form to be prescribed and supplied by the Department, a
5separate return for each such item of tangible personal
6property which the retailer sells, except that if, in the same
7transaction, (i) a retailer of aircraft, watercraft, motor
8vehicles or trailers transfers more than one aircraft,
9watercraft, motor vehicle or trailer to another aircraft,
10watercraft, motor vehicle retailer or trailer retailer for the
11purpose of resale or (ii) a retailer of aircraft, watercraft,
12motor vehicles, or trailers transfers more than one aircraft,
13watercraft, motor vehicle, or trailer to a purchaser for use as
14a qualifying rolling stock as provided in Section 2-5 of this
15Act, then that seller may report the transfer of all aircraft,
16watercraft, motor vehicles or trailers involved in that
17transaction to the Department on the same uniform
18invoice-transaction reporting return form. For purposes of
19this Section, "watercraft" means a Class 2, Class 3, or Class 4
20watercraft as defined in Section 3-2 of the Boat Registration
21and Safety Act, a personal watercraft, or any boat equipped
22with an inboard motor.
23    Any retailer who sells only motor vehicles, watercraft,
24aircraft, or trailers that are required to be registered with
25an agency of this State, so that all retailers' occupation tax
26liability is required to be reported, and is reported, on such

 

 

HB1297 Enrolled- 40 -LRB097 07110 JDS 47209 b

1transaction reporting returns and who is not otherwise required
2to file monthly or quarterly returns, need not file monthly or
3quarterly returns. However, those retailers shall be required
4to file returns on an annual basis.
5    The transaction reporting return, in the case of motor
6vehicles or trailers that are required to be registered with an
7agency of this State, shall be the same document as the Uniform
8Invoice referred to in Section 5-402 of The Illinois Vehicle
9Code and must show the name and address of the seller; the name
10and address of the purchaser; the amount of the selling price
11including the amount allowed by the retailer for traded-in
12property, if any; the amount allowed by the retailer for the
13traded-in tangible personal property, if any, to the extent to
14which Section 1 of this Act allows an exemption for the value
15of traded-in property; the balance payable after deducting such
16trade-in allowance from the total selling price; the amount of
17tax due from the retailer with respect to such transaction; the
18amount of tax collected from the purchaser by the retailer on
19such transaction (or satisfactory evidence that such tax is not
20due in that particular instance, if that is claimed to be the
21fact); the place and date of the sale; a sufficient
22identification of the property sold; such other information as
23is required in Section 5-402 of The Illinois Vehicle Code, and
24such other information as the Department may reasonably
25require.
26    The transaction reporting return in the case of watercraft

 

 

HB1297 Enrolled- 41 -LRB097 07110 JDS 47209 b

1or aircraft must show the name and address of the seller; the
2name and address of the purchaser; the amount of the selling
3price including the amount allowed by the retailer for
4traded-in property, if any; the amount allowed by the retailer
5for the traded-in tangible personal property, if any, to the
6extent to which Section 1 of this Act allows an exemption for
7the value of traded-in property; the balance payable after
8deducting such trade-in allowance from the total selling price;
9the amount of tax due from the retailer with respect to such
10transaction; the amount of tax collected from the purchaser by
11the retailer on such transaction (or satisfactory evidence that
12such tax is not due in that particular instance, if that is
13claimed to be the fact); the place and date of the sale, a
14sufficient identification of the property sold, and such other
15information as the Department may reasonably require.
16    Such transaction reporting return shall be filed not later
17than 20 days after the day of delivery of the item that is
18being sold, but may be filed by the retailer at any time sooner
19than that if he chooses to do so. The transaction reporting
20return and tax remittance or proof of exemption from the
21Illinois use tax may be transmitted to the Department by way of
22the State agency with which, or State officer with whom the
23tangible personal property must be titled or registered (if
24titling or registration is required) if the Department and such
25agency or State officer determine that this procedure will
26expedite the processing of applications for title or

 

 

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1registration.
2    With each such transaction reporting return, the retailer
3shall remit the proper amount of tax due (or shall submit
4satisfactory evidence that the sale is not taxable if that is
5the case), to the Department or its agents, whereupon the
6Department shall issue, in the purchaser's name, a use tax
7receipt (or a certificate of exemption if the Department is
8satisfied that the particular sale is tax exempt) which such
9purchaser may submit to the agency with which, or State officer
10with whom, he must title or register the tangible personal
11property that is involved (if titling or registration is
12required) in support of such purchaser's application for an
13Illinois certificate or other evidence of title or registration
14to such tangible personal property.
15    No retailer's failure or refusal to remit tax under this
16Act precludes a user, who has paid the proper tax to the
17retailer, from obtaining his certificate of title or other
18evidence of title or registration (if titling or registration
19is required) upon satisfying the Department that such user has
20paid the proper tax (if tax is due) to the retailer. The
21Department shall adopt appropriate rules to carry out the
22mandate of this paragraph.
23    If the user who would otherwise pay tax to the retailer
24wants the transaction reporting return filed and the payment of
25the tax or proof of exemption made to the Department before the
26retailer is willing to take these actions and such user has not

 

 

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1paid the tax to the retailer, such user may certify to the fact
2of such delay by the retailer and may (upon the Department
3being satisfied of the truth of such certification) transmit
4the information required by the transaction reporting return
5and the remittance for tax or proof of exemption directly to
6the Department and obtain his tax receipt or exemption
7determination, in which event the transaction reporting return
8and tax remittance (if a tax payment was required) shall be
9credited by the Department to the proper retailer's account
10with the Department, but without the 2.1% or 1.75% discount
11provided for in this Section being allowed. When the user pays
12the tax directly to the Department, he shall pay the tax in the
13same amount and in the same form in which it would be remitted
14if the tax had been remitted to the Department by the retailer.
15    Refunds made by the seller during the preceding return
16period to purchasers, on account of tangible personal property
17returned to the seller, shall be allowed as a deduction under
18subdivision 5 of his monthly or quarterly return, as the case
19may be, in case the seller had theretofore included the
20receipts from the sale of such tangible personal property in a
21return filed by him and had paid the tax imposed by this Act
22with respect to such receipts.
23    Where the seller is a corporation, the return filed on
24behalf of such corporation shall be signed by the president,
25vice-president, secretary or treasurer or by the properly
26accredited agent of such corporation.

 

 

HB1297 Enrolled- 44 -LRB097 07110 JDS 47209 b

1    Where the seller is a limited liability company, the return
2filed on behalf of the limited liability company shall be
3signed by a manager, member, or properly accredited agent of
4the limited liability company.
5    Except as provided in this Section, the retailer filing the
6return under this Section shall, at the time of filing such
7return, pay to the Department the amount of tax imposed by this
8Act less a discount of 2.1% prior to January 1, 1990 and 1.75%
9on and after January 1, 1990, or $5 per calendar year,
10whichever is greater, which is allowed to reimburse the
11retailer for the expenses incurred in keeping records,
12preparing and filing returns, remitting the tax and supplying
13data to the Department on request. Any prepayment made pursuant
14to Section 2d of this Act shall be included in the amount on
15which such 2.1% or 1.75% discount is computed. In the case of
16retailers who report and pay the tax on a transaction by
17transaction basis, as provided in this Section, such discount
18shall be taken with each such tax remittance instead of when
19such retailer files his periodic return.
20    Before October 1, 2000, if the taxpayer's average monthly
21tax liability to the Department under this Act, the Use Tax
22Act, the Service Occupation Tax Act, and the Service Use Tax
23Act, excluding any liability for prepaid sales tax to be
24remitted in accordance with Section 2d of this Act, was $10,000
25or more during the preceding 4 complete calendar quarters, he
26shall file a return with the Department each month by the 20th

 

 

HB1297 Enrolled- 45 -LRB097 07110 JDS 47209 b

1day of the month next following the month during which such tax
2liability is incurred and shall make payments to the Department
3on or before the 7th, 15th, 22nd and last day of the month
4during which such liability is incurred. On and after October
51, 2000, if the taxpayer's average monthly tax liability to the
6Department under this Act, the Use Tax Act, the Service
7Occupation Tax Act, and the Service Use Tax Act, excluding any
8liability for prepaid sales tax to be remitted in accordance
9with Section 2d of this Act, was $20,000 or more during the
10preceding 4 complete calendar quarters, he shall file a return
11with the Department each month by the 20th day of the month
12next following the month during which such tax liability is
13incurred and shall make payment to the Department on or before
14the 7th, 15th, 22nd and last day of the month during which such
15liability is incurred. If the month during which such tax
16liability is incurred began prior to January 1, 1985, each
17payment shall be in an amount equal to 1/4 of the taxpayer's
18actual liability for the month or an amount set by the
19Department not to exceed 1/4 of the average monthly liability
20of the taxpayer to the Department for the preceding 4 complete
21calendar quarters (excluding the month of highest liability and
22the month of lowest liability in such 4 quarter period). If the
23month during which such tax liability is incurred begins on or
24after January 1, 1985 and prior to January 1, 1987, each
25payment shall be in an amount equal to 22.5% of the taxpayer's
26actual liability for the month or 27.5% of the taxpayer's

 

 

HB1297 Enrolled- 46 -LRB097 07110 JDS 47209 b

1liability for the same calendar month of the preceding year. If
2the month during which such tax liability is incurred begins on
3or after January 1, 1987 and prior to January 1, 1988, each
4payment shall be in an amount equal to 22.5% of the taxpayer's
5actual liability for the month or 26.25% of the taxpayer's
6liability for the same calendar month of the preceding year. If
7the month during which such tax liability is incurred begins on
8or after January 1, 1988, and prior to January 1, 1989, or
9begins on or after January 1, 1996, each payment shall be in an
10amount equal to 22.5% of the taxpayer's actual liability for
11the month or 25% of the taxpayer's liability for the same
12calendar month of the preceding year. If the month during which
13such tax liability is incurred begins on or after January 1,
141989, and prior to January 1, 1996, each payment shall be in an
15amount equal to 22.5% of the taxpayer's actual liability for
16the month or 25% of the taxpayer's liability for the same
17calendar month of the preceding year or 100% of the taxpayer's
18actual liability for the quarter monthly reporting period. The
19amount of such quarter monthly payments shall be credited
20against the final tax liability of the taxpayer's return for
21that month. Before October 1, 2000, once applicable, the
22requirement of the making of quarter monthly payments to the
23Department by taxpayers having an average monthly tax liability
24of $10,000 or more as determined in the manner provided above
25shall continue until such taxpayer's average monthly liability
26to the Department during the preceding 4 complete calendar

 

 

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1quarters (excluding the month of highest liability and the
2month of lowest liability) is less than $9,000, or until such
3taxpayer's average monthly liability to the Department as
4computed for each calendar quarter of the 4 preceding complete
5calendar quarter period is less than $10,000. However, if a
6taxpayer can show the Department that a substantial change in
7the taxpayer's business has occurred which causes the taxpayer
8to anticipate that his average monthly tax liability for the
9reasonably foreseeable future will fall below the $10,000
10threshold stated above, then such taxpayer may petition the
11Department for a change in such taxpayer's reporting status. On
12and after October 1, 2000, once applicable, the requirement of
13the making of quarter monthly payments to the Department by
14taxpayers having an average monthly tax liability of $20,000 or
15more as determined in the manner provided above shall continue
16until such taxpayer's average monthly liability to the
17Department during the preceding 4 complete calendar quarters
18(excluding the month of highest liability and the month of
19lowest liability) is less than $19,000 or until such taxpayer's
20average monthly liability to the Department as computed for
21each calendar quarter of the 4 preceding complete calendar
22quarter period is less than $20,000. However, if a taxpayer can
23show the Department that a substantial change in the taxpayer's
24business has occurred which causes the taxpayer to anticipate
25that his average monthly tax liability for the reasonably
26foreseeable future will fall below the $20,000 threshold stated

 

 

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1above, then such taxpayer may petition the Department for a
2change in such taxpayer's reporting status. The Department
3shall change such taxpayer's reporting status unless it finds
4that such change is seasonal in nature and not likely to be
5long term. If any such quarter monthly payment is not paid at
6the time or in the amount required by this Section, then the
7taxpayer shall be liable for penalties and interest on the
8difference between the minimum amount due as a payment and the
9amount of such quarter monthly payment actually and timely
10paid, except insofar as the taxpayer has previously made
11payments for that month to the Department in excess of the
12minimum payments previously due as provided in this Section.
13The Department shall make reasonable rules and regulations to
14govern the quarter monthly payment amount and quarter monthly
15payment dates for taxpayers who file on other than a calendar
16monthly basis.
17    The provisions of this paragraph apply before October 1,
182001. Without regard to whether a taxpayer is required to make
19quarter monthly payments as specified above, any taxpayer who
20is required by Section 2d of this Act to collect and remit
21prepaid taxes and has collected prepaid taxes which average in
22excess of $25,000 per month during the preceding 2 complete
23calendar quarters, shall file a return with the Department as
24required by Section 2f and shall make payments to the
25Department on or before the 7th, 15th, 22nd and last day of the
26month during which such liability is incurred. If the month

 

 

HB1297 Enrolled- 49 -LRB097 07110 JDS 47209 b

1during which such tax liability is incurred began prior to the
2effective date of this amendatory Act of 1985, each payment
3shall be in an amount not less than 22.5% of the taxpayer's
4actual liability under Section 2d. If the month during which
5such tax liability is incurred begins on or after January 1,
61986, each payment shall be in an amount equal to 22.5% of the
7taxpayer's actual liability for the month or 27.5% of the
8taxpayer's liability for the same calendar month of the
9preceding calendar year. If the month during which such tax
10liability is incurred begins on or after January 1, 1987, each
11payment shall be in an amount equal to 22.5% of the taxpayer's
12actual liability for the month or 26.25% of the taxpayer's
13liability for the same calendar month of the preceding year.
14The amount of such quarter monthly payments shall be credited
15against the final tax liability of the taxpayer's return for
16that month filed under this Section or Section 2f, as the case
17may be. Once applicable, the requirement of the making of
18quarter monthly payments to the Department pursuant to this
19paragraph shall continue until such taxpayer's average monthly
20prepaid tax collections during the preceding 2 complete
21calendar quarters is $25,000 or less. If any such quarter
22monthly payment is not paid at the time or in the amount
23required, the taxpayer shall be liable for penalties and
24interest on such difference, except insofar as the taxpayer has
25previously made payments for that month in excess of the
26minimum payments previously due.

 

 

HB1297 Enrolled- 50 -LRB097 07110 JDS 47209 b

1    The provisions of this paragraph apply on and after October
21, 2001. Without regard to whether a taxpayer is required to
3make quarter monthly payments as specified above, any taxpayer
4who is required by Section 2d of this Act to collect and remit
5prepaid taxes and has collected prepaid taxes that average in
6excess of $20,000 per month during the preceding 4 complete
7calendar quarters shall file a return with the Department as
8required by Section 2f and shall make payments to the
9Department on or before the 7th, 15th, 22nd and last day of the
10month during which the liability is incurred. Each payment
11shall be in an amount equal to 22.5% of the taxpayer's actual
12liability for the month or 25% of the taxpayer's liability for
13the same calendar month of the preceding year. The amount of
14the quarter monthly payments shall be credited against the
15final tax liability of the taxpayer's return for that month
16filed under this Section or Section 2f, as the case may be.
17Once applicable, the requirement of the making of quarter
18monthly payments to the Department pursuant to this paragraph
19shall continue until the taxpayer's average monthly prepaid tax
20collections during the preceding 4 complete calendar quarters
21(excluding the month of highest liability and the month of
22lowest liability) is less than $19,000 or until such taxpayer's
23average monthly liability to the Department as computed for
24each calendar quarter of the 4 preceding complete calendar
25quarters is less than $20,000. If any such quarter monthly
26payment is not paid at the time or in the amount required, the

 

 

HB1297 Enrolled- 51 -LRB097 07110 JDS 47209 b

1taxpayer shall be liable for penalties and interest on such
2difference, except insofar as the taxpayer has previously made
3payments for that month in excess of the minimum payments
4previously due.
5    If any payment provided for in this Section exceeds the
6taxpayer's liabilities under this Act, the Use Tax Act, the
7Service Occupation Tax Act and the Service Use Tax Act, as
8shown on an original monthly return, the Department shall, if
9requested by the taxpayer, issue to the taxpayer a credit
10memorandum no later than 30 days after the date of payment. The
11credit evidenced by such credit memorandum may be assigned by
12the taxpayer to a similar taxpayer under this Act, the Use Tax
13Act, the Service Occupation Tax Act or the Service Use Tax Act,
14in accordance with reasonable rules and regulations to be
15prescribed by the Department. If no such request is made, the
16taxpayer may credit such excess payment against tax liability
17subsequently to be remitted to the Department under this Act,
18the Use Tax Act, the Service Occupation Tax Act or the Service
19Use Tax Act, in accordance with reasonable rules and
20regulations prescribed by the Department. If the Department
21subsequently determined that all or any part of the credit
22taken was not actually due to the taxpayer, the taxpayer's 2.1%
23and 1.75% vendor's discount shall be reduced by 2.1% or 1.75%
24of the difference between the credit taken and that actually
25due, and that taxpayer shall be liable for penalties and
26interest on such difference.

 

 

HB1297 Enrolled- 52 -LRB097 07110 JDS 47209 b

1    If a retailer of motor fuel is entitled to a credit under
2Section 2d of this Act which exceeds the taxpayer's liability
3to the Department under this Act for the month which the
4taxpayer is filing a return, the Department shall issue the
5taxpayer a credit memorandum for the excess.
6    Beginning January 1, 1990, each month the Department shall
7pay into the Local Government Tax Fund, a special fund in the
8State treasury which is hereby created, the net revenue
9realized for the preceding month from the 1% tax on sales of
10food for human consumption which is to be consumed off the
11premises where it is sold (other than alcoholic beverages, soft
12drinks and food which has been prepared for immediate
13consumption) and prescription and nonprescription medicines,
14drugs, medical appliances and insulin, urine testing
15materials, syringes and needles used by diabetics.
16    Beginning January 1, 1990, each month the Department shall
17pay into the County and Mass Transit District Fund, a special
18fund in the State treasury which is hereby created, 4% of the
19net revenue realized for the preceding month from the 6.25%
20general rate.
21    Beginning August 1, 2000, each month the Department shall
22pay into the County and Mass Transit District Fund 20% of the
23net revenue realized for the preceding month from the 1.25%
24rate on the selling price of motor fuel and gasohol. Beginning
25September 1, 2010, each month the Department shall pay into the
26County and Mass Transit District Fund 20% of the net revenue

 

 

HB1297 Enrolled- 53 -LRB097 07110 JDS 47209 b

1realized for the preceding month from the 1.25% rate on the
2selling price of sales tax holiday items.
3    Beginning January 1, 1990, each month the Department shall
4pay into the Local Government Tax Fund 16% of the net revenue
5realized for the preceding month from the 6.25% general rate on
6the selling price of tangible personal property.
7    Beginning August 1, 2000, each month the Department shall
8pay into the Local Government Tax Fund 80% of the net revenue
9realized for the preceding month from the 1.25% rate on the
10selling price of motor fuel and gasohol. Beginning September 1,
112010, each month the Department shall pay into the Local
12Government Tax Fund 80% of the net revenue realized for the
13preceding month from the 1.25% rate on the selling price of
14sales tax holiday items.
15    Beginning October 1, 2009, each month the Department shall
16pay into the Capital Projects Fund an amount that is equal to
17an amount estimated by the Department to represent 80% of the
18net revenue realized for the preceding month from the sale of
19candy, grooming and hygiene products, and soft drinks that had
20been taxed at a rate of 1% prior to September 1, 2009 but that
21is now taxed at 6.25%.
22    Beginning July 1, 2011, each month the Department shall pay
23into the Clean Air Act (CAA) Permit Fund 80% of the net revenue
24realized for the preceding month from the 6.25% general rate on
25the selling price of sorbents used in Illinois in the process
26of sorbent injection as used to comply with the Environmental

 

 

HB1297 Enrolled- 54 -LRB097 07110 JDS 47209 b

1Protection Act or the federal Clean Air Act, but the total
2payment into the Clean Air Act (CAA) Permit Fund under this Act
3and the Use Tax Act shall not exceed $2,000,000 in any fiscal
4year.
5    Of the remainder of the moneys received by the Department
6pursuant to this Act, (a) 1.75% thereof shall be paid into the
7Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
8and after July 1, 1989, 3.8% thereof shall be paid into the
9Build Illinois Fund; provided, however, that if in any fiscal
10year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
11may be, of the moneys received by the Department and required
12to be paid into the Build Illinois Fund pursuant to this Act,
13Section 9 of the Use Tax Act, Section 9 of the Service Use Tax
14Act, and Section 9 of the Service Occupation Tax Act, such Acts
15being hereinafter called the "Tax Acts" and such aggregate of
162.2% or 3.8%, as the case may be, of moneys being hereinafter
17called the "Tax Act Amount", and (2) the amount transferred to
18the Build Illinois Fund from the State and Local Sales Tax
19Reform Fund shall be less than the Annual Specified Amount (as
20hereinafter defined), an amount equal to the difference shall
21be immediately paid into the Build Illinois Fund from other
22moneys received by the Department pursuant to the Tax Acts; the
23"Annual Specified Amount" means the amounts specified below for
24fiscal years 1986 through 1993:
25Fiscal YearAnnual Specified Amount
261986$54,800,000

 

 

HB1297 Enrolled- 55 -LRB097 07110 JDS 47209 b

11987$76,650,000
21988$80,480,000
31989$88,510,000
41990$115,330,000
51991$145,470,000
61992$182,730,000
71993$206,520,000;
8and means the Certified Annual Debt Service Requirement (as
9defined in Section 13 of the Build Illinois Bond Act) or the
10Tax Act Amount, whichever is greater, for fiscal year 1994 and
11each fiscal year thereafter; and further provided, that if on
12the last business day of any month the sum of (1) the Tax Act
13Amount required to be deposited into the Build Illinois Bond
14Account in the Build Illinois Fund during such month and (2)
15the amount transferred to the Build Illinois Fund from the
16State and Local Sales Tax Reform Fund shall have been less than
171/12 of the Annual Specified Amount, an amount equal to the
18difference shall be immediately paid into the Build Illinois
19Fund from other moneys received by the Department pursuant to
20the Tax Acts; and, further provided, that in no event shall the
21payments required under the preceding proviso result in
22aggregate payments into the Build Illinois Fund pursuant to
23this clause (b) for any fiscal year in excess of the greater of
24(i) the Tax Act Amount or (ii) the Annual Specified Amount for
25such fiscal year. The amounts payable into the Build Illinois
26Fund under clause (b) of the first sentence in this paragraph

 

 

HB1297 Enrolled- 56 -LRB097 07110 JDS 47209 b

1shall be payable only until such time as the aggregate amount
2on deposit under each trust indenture securing Bonds issued and
3outstanding pursuant to the Build Illinois Bond Act is
4sufficient, taking into account any future investment income,
5to fully provide, in accordance with such indenture, for the
6defeasance of or the payment of the principal of, premium, if
7any, and interest on the Bonds secured by such indenture and on
8any Bonds expected to be issued thereafter and all fees and
9costs payable with respect thereto, all as certified by the
10Director of the Bureau of the Budget (now Governor's Office of
11Management and Budget). If on the last business day of any
12month in which Bonds are outstanding pursuant to the Build
13Illinois Bond Act, the aggregate of moneys deposited in the
14Build Illinois Bond Account in the Build Illinois Fund in such
15month shall be less than the amount required to be transferred
16in such month from the Build Illinois Bond Account to the Build
17Illinois Bond Retirement and Interest Fund pursuant to Section
1813 of the Build Illinois Bond Act, an amount equal to such
19deficiency shall be immediately paid from other moneys received
20by the Department pursuant to the Tax Acts to the Build
21Illinois Fund; provided, however, that any amounts paid to the
22Build Illinois Fund in any fiscal year pursuant to this
23sentence shall be deemed to constitute payments pursuant to
24clause (b) of the first sentence of this paragraph and shall
25reduce the amount otherwise payable for such fiscal year
26pursuant to that clause (b). The moneys received by the

 

 

HB1297 Enrolled- 57 -LRB097 07110 JDS 47209 b

1Department pursuant to this Act and required to be deposited
2into the Build Illinois Fund are subject to the pledge, claim
3and charge set forth in Section 12 of the Build Illinois Bond
4Act.
5    Subject to payment of amounts into the Build Illinois Fund
6as provided in the preceding paragraph or in any amendment
7thereto hereafter enacted, the following specified monthly
8installment of the amount requested in the certificate of the
9Chairman of the Metropolitan Pier and Exposition Authority
10provided under Section 8.25f of the State Finance Act, but not
11in excess of sums designated as "Total Deposit", shall be
12deposited in the aggregate from collections under Section 9 of
13the Use Tax Act, Section 9 of the Service Use Tax Act, Section
149 of the Service Occupation Tax Act, and Section 3 of the
15Retailers' Occupation Tax Act into the McCormick Place
16Expansion Project Fund in the specified fiscal years.
17Fiscal YearTotal Deposit
181993         $0
191994 53,000,000
201995 58,000,000
211996 61,000,000
221997 64,000,000
231998 68,000,000
241999 71,000,000
252000 75,000,000

 

 

HB1297 Enrolled- 58 -LRB097 07110 JDS 47209 b

12001 80,000,000
22002 93,000,000
32003 99,000,000
42004103,000,000
52005108,000,000
62006113,000,000
72007119,000,000
82008126,000,000
92009132,000,000
102010139,000,000
112011146,000,000
122012153,000,000
132013161,000,000
142014170,000,000
152015179,000,000
162016189,000,000
172017199,000,000
182018210,000,000
192019221,000,000
202020233,000,000
212021246,000,000
222022260,000,000
232023275,000,000
242024 275,000,000
252025 275,000,000
262026 279,000,000

 

 

HB1297 Enrolled- 59 -LRB097 07110 JDS 47209 b

12027 292,000,000
22028 307,000,000
32029 322,000,000
42030 338,000,000
52031 350,000,000
62032 350,000,000
7and
8each fiscal year
9thereafter that bonds
10are outstanding under
11Section 13.2 of the
12Metropolitan Pier and
13Exposition Authority Act,
14but not after fiscal year 2060.
15    Beginning July 20, 1993 and in each month of each fiscal
16year thereafter, one-eighth of the amount requested in the
17certificate of the Chairman of the Metropolitan Pier and
18Exposition Authority for that fiscal year, less the amount
19deposited into the McCormick Place Expansion Project Fund by
20the State Treasurer in the respective month under subsection
21(g) of Section 13 of the Metropolitan Pier and Exposition
22Authority Act, plus cumulative deficiencies in the deposits
23required under this Section for previous months and years,
24shall be deposited into the McCormick Place Expansion Project
25Fund, until the full amount requested for the fiscal year, but
26not in excess of the amount specified above as "Total Deposit",

 

 

HB1297 Enrolled- 60 -LRB097 07110 JDS 47209 b

1has been deposited.
2    Subject to payment of amounts into the Build Illinois Fund
3and the McCormick Place Expansion Project Fund pursuant to the
4preceding paragraphs or in any amendments thereto hereafter
5enacted, beginning July 1, 1993, the Department shall each
6month pay into the Illinois Tax Increment Fund 0.27% of 80% of
7the net revenue realized for the preceding month from the 6.25%
8general rate on the selling price of tangible personal
9property.
10    Subject to payment of amounts into the Build Illinois Fund
11and the McCormick Place Expansion Project Fund pursuant to the
12preceding paragraphs or in any amendments thereto hereafter
13enacted, beginning with the receipt of the first report of
14taxes paid by an eligible business and continuing for a 25-year
15period, the Department shall each month pay into the Energy
16Infrastructure Fund 80% of the net revenue realized from the
176.25% general rate on the selling price of Illinois-mined coal
18that was sold to an eligible business. For purposes of this
19paragraph, the term "eligible business" means a new electric
20generating facility certified pursuant to Section 605-332 of
21the Department of Commerce and Economic Opportunity Law of the
22Civil Administrative Code of Illinois.
23    Of the remainder of the moneys received by the Department
24pursuant to this Act, 75% thereof shall be paid into the State
25Treasury and 25% shall be reserved in a special account and
26used only for the transfer to the Common School Fund as part of

 

 

HB1297 Enrolled- 61 -LRB097 07110 JDS 47209 b

1the monthly transfer from the General Revenue Fund in
2accordance with Section 8a of the State Finance Act.
3    The Department may, upon separate written notice to a
4taxpayer, require the taxpayer to prepare and file with the
5Department on a form prescribed by the Department within not
6less than 60 days after receipt of the notice an annual
7information return for the tax year specified in the notice.
8Such annual return to the Department shall include a statement
9of gross receipts as shown by the retailer's last Federal
10income tax return. If the total receipts of the business as
11reported in the Federal income tax return do not agree with the
12gross receipts reported to the Department of Revenue for the
13same period, the retailer shall attach to his annual return a
14schedule showing a reconciliation of the 2 amounts and the
15reasons for the difference. The retailer's annual return to the
16Department shall also disclose the cost of goods sold by the
17retailer during the year covered by such return, opening and
18closing inventories of such goods for such year, costs of goods
19used from stock or taken from stock and given away by the
20retailer during such year, payroll information of the
21retailer's business during such year and any additional
22reasonable information which the Department deems would be
23helpful in determining the accuracy of the monthly, quarterly
24or annual returns filed by such retailer as provided for in
25this Section.
26    If the annual information return required by this Section

 

 

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1is not filed when and as required, the taxpayer shall be liable
2as follows:
3        (i) Until January 1, 1994, the taxpayer shall be liable
4    for a penalty equal to 1/6 of 1% of the tax due from such
5    taxpayer under this Act during the period to be covered by
6    the annual return for each month or fraction of a month
7    until such return is filed as required, the penalty to be
8    assessed and collected in the same manner as any other
9    penalty provided for in this Act.
10        (ii) On and after January 1, 1994, the taxpayer shall
11    be liable for a penalty as described in Section 3-4 of the
12    Uniform Penalty and Interest Act.
13    The chief executive officer, proprietor, owner or highest
14ranking manager shall sign the annual return to certify the
15accuracy of the information contained therein. Any person who
16willfully signs the annual return containing false or
17inaccurate information shall be guilty of perjury and punished
18accordingly. The annual return form prescribed by the
19Department shall include a warning that the person signing the
20return may be liable for perjury.
21    The provisions of this Section concerning the filing of an
22annual information return do not apply to a retailer who is not
23required to file an income tax return with the United States
24Government.
25    As soon as possible after the first day of each month, upon
26certification of the Department of Revenue, the Comptroller

 

 

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1shall order transferred and the Treasurer shall transfer from
2the General Revenue Fund to the Motor Fuel Tax Fund an amount
3equal to 1.7% of 80% of the net revenue realized under this Act
4for the second preceding month. Beginning April 1, 2000, this
5transfer is no longer required and shall not be made.
6    Net revenue realized for a month shall be the revenue
7collected by the State pursuant to this Act, less the amount
8paid out during that month as refunds to taxpayers for
9overpayment of liability.
10    For greater simplicity of administration, manufacturers,
11importers and wholesalers whose products are sold at retail in
12Illinois by numerous retailers, and who wish to do so, may
13assume the responsibility for accounting and paying to the
14Department all tax accruing under this Act with respect to such
15sales, if the retailers who are affected do not make written
16objection to the Department to this arrangement.
17    Any person who promotes, organizes, provides retail
18selling space for concessionaires or other types of sellers at
19the Illinois State Fair, DuQuoin State Fair, county fairs,
20local fairs, art shows, flea markets and similar exhibitions or
21events, including any transient merchant as defined by Section
222 of the Transient Merchant Act of 1987, is required to file a
23report with the Department providing the name of the merchant's
24business, the name of the person or persons engaged in
25merchant's business, the permanent address and Illinois
26Retailers Occupation Tax Registration Number of the merchant,

 

 

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1the dates and location of the event and other reasonable
2information that the Department may require. The report must be
3filed not later than the 20th day of the month next following
4the month during which the event with retail sales was held.
5Any person who fails to file a report required by this Section
6commits a business offense and is subject to a fine not to
7exceed $250.
8    Any person engaged in the business of selling tangible
9personal property at retail as a concessionaire or other type
10of seller at the Illinois State Fair, county fairs, art shows,
11flea markets and similar exhibitions or events, or any
12transient merchants, as defined by Section 2 of the Transient
13Merchant Act of 1987, may be required to make a daily report of
14the amount of such sales to the Department and to make a daily
15payment of the full amount of tax due. The Department shall
16impose this requirement when it finds that there is a
17significant risk of loss of revenue to the State at such an
18exhibition or event. Such a finding shall be based on evidence
19that a substantial number of concessionaires or other sellers
20who are not residents of Illinois will be engaging in the
21business of selling tangible personal property at retail at the
22exhibition or event, or other evidence of a significant risk of
23loss of revenue to the State. The Department shall notify
24concessionaires and other sellers affected by the imposition of
25this requirement. In the absence of notification by the
26Department, the concessionaires and other sellers shall file

 

 

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1their returns as otherwise required in this Section.
2(Source: P.A. 95-331, eff. 8-21-07; 96-34, eff. 7-13-09; 96-38,
3eff. 7-13-09; 96-898, eff. 5-27-10; 96-1012, eff. 7-7-10;
4revised 7-22-10.)
 
5    Section 20. The Environmental Protection Act is amended by
6changing Sections 9, 9.1, 9.6, 9.12, 39, and 39.5 and adding
7Sections 3.207, 9.14, 9.15, 39.10, 39.12, and 39.14 as follows:
 
8    (415 ILCS 5/3.207 new)
9    Sec. 3.207. Greenhouse gases. "Greenhouse gases" or "GHG"
10means the air pollutant defined in 40 CFR 86.1818-12(a) as the
11aggregate group of 6 greenhouse gases: carbon dioxide, nitrous
12oxide, methane, hydrofluorocarbons, perfluorocarbons, and
13sulfur hexafluoride.
 
14    (415 ILCS 5/9)  (from Ch. 111 1/2, par. 1009)
15    Sec. 9. Acts prohibited. No person shall:
16    (a) Cause or threaten or allow the discharge or emission of
17any contaminant into the environment in any State so as to
18cause or tend to cause air pollution in Illinois, either alone
19or in combination with contaminants from other sources, or so
20as to violate regulations or standards adopted by the Board
21under this Act. ;
22    (b) Construct, install, or operate any equipment,
23facility, vehicle, vessel, or aircraft capable of causing or

 

 

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1contributing to air pollution or designed to prevent air
2pollution, of any type designated by Board regulations, (1)
3without a permit granted by the Agency unless otherwise exempt
4by this Act or Board regulations , or (2) in violation of any
5conditions imposed by such permit. ;
6    (c) Cause or allow the open burning of refuse, conduct any
7salvage operation by open burning, or cause or allow the
8burning of any refuse in any chamber not specifically designed
9for the purpose and approved by the Agency pursuant to
10regulations adopted by the Board under this Act; except that
11the Board may adopt regulations permitting open burning of
12refuse in certain cases upon a finding that no harm will result
13from such burning, or that any alternative method of disposing
14of such refuse would create a safety hazard so extreme as to
15justify the pollution that would result from such burning. ;
16    (d) Sell, offer, or use any fuel or other article in any
17areas in which the Board may by regulation forbid its sale,
18offer, or use for reasons of air-pollution control. ;
19    (e) Use, cause or allow the spraying of loose asbestos for
20the purpose of fireproofing or insulating any building or
21building material or other constructions, or otherwise use
22asbestos in such unconfined manner as to permit asbestos fibers
23or particles to pollute the air. ;
24    (f) Commencing July 1, 1985, sell any used oil for burning
25or incineration in any incinerator, boiler, furnace, burner or
26other equipment unless such oil meets standards based on virgin

 

 

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1fuel oil or re-refined oil, as defined in ASTM D-396 or
2specifications under VV-F-815C promulgated pursuant to the
3federal Energy Policy and Conservation Act, and meets the
4manufacturer's and current NFDA code standards for which such
5incinerator, boiler, furnace, burner or other equipment was
6approved, except that this prohibition does not apply to a sale
7to a permitted used oil re-refining or reprocessing facility or
8sale to a facility permitted by the Agency to burn or
9incinerate such oil.
10    Nothing herein shall limit the effect of any section of
11this Title with respect to any form of asbestos, or the
12spraying of any form of asbestos, or limit the power of the
13Board under this Title to adopt additional and further
14regulations with respect to any form of asbestos, or the
15spraying of any form of asbestos.
16    This Section shall not limit the burning of landscape waste
17upon the premises where it is produced or at sites provided and
18supervised by any unit of local government, except within any
19county having a population of more than 400,000. Nothing in
20this Section shall prohibit the burning of landscape waste for
21agricultural purposes, habitat management (including but not
22limited to forest and prairie reclamation), or firefighter
23training. For the purposes of this Act, the burning of
24landscape waste by production nurseries shall be considered to
25be burning for agricultural purposes.
26    Any grain elevator located outside of a major population

 

 

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1area, as defined in Section 211.3610 of Title 35 of the
2Illinois Administrative Code, shall be exempt from the
3requirements of Section 212.462 of Title 35 of the Illinois
4Administrative Code provided that the elevator: (1) does not
5violate the prohibitions of subsection (a) of this Section or
6have a certified investigation, as defined in Section 211.970
7of Title 35 of the Illinois Administrative Code, on file with
8the Agency and (2) is not required to obtain a Clean Air Act
9Permit Program permit pursuant to Section 39.5.
10Notwithstanding the above exemption, new stationary source
11performance standards for grain elevators, established
12pursuant to Section 9.1 of this Act and Section 111 of the
13federal Clean Air Act, shall continue to apply to grain
14elevators.
15(Source: P.A. 88-488; 89-328, eff. 8-17-95; 89-491, eff.
166-21-96.)
 
17    (415 ILCS 5/9.1)  (from Ch. 111 1/2, par. 1009.1)
18    Sec. 9.1. (a) The General Assembly finds that the federal
19Clean Air Act, as amended, and regulations adopted pursuant
20thereto establish complex and detailed provisions for
21State-federal cooperation in the field of air pollution
22control, provide for a Prevention of Significant Deterioration
23program to regulate the issuance of preconstruction permits to
24insure that economic growth will occur in a manner consistent
25with the preservation of existing clean air resources, and also

 

 

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1provide for plan requirements for nonattainment areas to
2regulate the construction, modification and operation of
3sources of air pollution to insure that economic growth will
4occur in a manner consistent with the goal of achieving the
5national ambient air quality standards, and that the General
6Assembly cannot conveniently or advantageously set forth in
7this Act all the requirements of such federal Act or all
8regulations which may be established thereunder.
9    It is the purpose of this Section to avoid the existence of
10duplicative, overlapping or conflicting State and federal
11regulatory systems.
12    (b) The provisions of Section 111 of the federal Clean Air
13Act (42 USC 7411), as amended, relating to standards of
14performance for new stationary sources, and Section 112 of the
15federal Clean Air Act (42 USC 7412), as amended, relating to
16the establishment of national emission standards for hazardous
17air pollutants are applicable in this State and are enforceable
18under this Act. Any such enforcement shall be stayed consistent
19with any stay granted in any federal judicial action to review
20such standards. Enforcement shall be consistent with the
21results of any such judicial review.
22    (c) The Board may adopt regulations establishing permit
23programs meeting the requirements of Sections 165 and 173 of
24the Clean Air Act (42 USC 7475 and 42 USC 7503) as amended. The
25Agency may adopt procedures for the administration of such
26programs.

 

 

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1    (d) No person shall:
2        (1) violate any provisions of Sections 111, 112, 165 or
3    173 of the Clean Air Act, as now or hereafter amended, or
4    federal regulations adopted pursuant thereto; or
5        (2) construct, install, modify or operate any
6    equipment, building, facility, source or installation
7    which is subject to regulation under Sections 111, 112, 165
8    or 173 of the Clean Air Act, as now or hereafter amended,
9    except in compliance with the requirements of such Sections
10    and federal regulations adopted pursuant thereto, and no
11    such action shall be undertaken (A) without a permit
12    granted by the Agency whenever a permit is required
13    pursuant to (i) this Act or Board regulations or (ii)
14    Section 111, 112, 165, or 173 of the Clean Air Act or
15    federal regulations adopted pursuant thereto or (B) in
16    violation of any conditions imposed by such permit. Any
17    denial of such a permit or any conditions imposed in such a
18    permit shall be reviewable by the Board in accordance with
19    Section 40 of this Act.
20    (e) The Board shall exempt from regulation under the State
21Implementation Plan for ozone the volatile organic compounds
22which have been determined by the U.S. Environmental Protection
23Agency to be exempt from regulation under state implementation
24plans for ozone due to negligible photochemical reactivity. In
25accordance with subsection (b) of Section 7.2, the Board shall
26adopt regulations identical in substance to the U.S.

 

 

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1Environmental Protection Agency exemptions or deletion of
2exemptions published in policy statements on the control of
3volatile organic compounds in the Federal Register by amending
4the list of exemptions to the Board's definition of volatile
5organic material found at 35 Ill. Adm. Code Part 211. The
6provisions and requirements of Title VII of this Act shall not
7apply to regulations adopted under this subsection. Section
85-35 of the Illinois Administrative Procedure Act, relating to
9procedures for rulemaking, does not apply to regulations
10adopted under this subsection. However, the Board shall provide
11for notice, a hearing if required by the U.S. Environmental
12Protection Agency, and public comment before adopted rules are
13filed with the Secretary of State. The Board may consolidate
14into a single rulemaking under this subsection all such federal
15policy statements published in the Federal Register within a
16period of time not to exceed 6 months.
17    (f) If a complete application for a permit renewal is
18submitted to the Agency at least 90 days prior to expiration of
19the permit, all of the terms and conditions of the permit shall
20remain in effect until final administrative action has been
21taken on the application.
22(Source: P.A. 87-555; 87-1213; 88-45.)
 
23    (415 ILCS 5/9.6)  (from Ch. 111 1/2, par. 1009.6)
24    Sec. 9.6. Air pollution operating permit fee.
25    (a) For any site for which an air pollution operating

 

 

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1permit is required, other than a site permitted solely as a
2retail liquid dispensing facility that has air pollution
3control equipment or an agrichemical facility with an endorsed
4permit pursuant to Section 39.4, the owner or operator of that
5site shall pay an initial annual fee to the Agency within 30
6days of receipt of the permit and an annual fee each year
7thereafter for as long as a permit is in effect. The owner or
8operator of a portable emission unit, as defined in 35 Ill.
9Adm. Code 201.170, may change the site of any unit previously
10permitted without paying an additional fee under this Section
11for each site change, provided that no further change to the
12permit is otherwise necessary or requested.
13    (b) The Notwithstanding any rules to the contrary, the
14following fee amounts shall apply:
15        (1) The fee for a site permitted to emit less than 25
16    tons per year of any combination of regulated air
17    pollutants, as defined in Section 39.5 of this Act, except
18    greenhouse gases, is $100 per year beginning July 1, 1993,
19    and increases to $200 per year beginning on July 1, 2003,
20    and increases, beginning January 1, 2012, to $235 per year
21    for lifetime operating permits and $235 per year for
22    federally enforceable state operating permits, except as
23    provided in subsection (c) of this Section.
24        (2) The fee for a site permitted to emit at least 25
25    tons per year but less than 100 tons per year of any
26    combination of regulated air pollutants, as defined in

 

 

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1    Section 39.5 of this Act, except greenhouse gases, is
2    $1,000 per year beginning July 1, 1993, and increases to
3    $1,800 per year beginning on July 1, 2003, and increases,
4    beginning January 1, 2012, to $2,150 per year, except as
5    provided in subsection (c) of this Section.
6        (3) The fee for a site permitted to emit at least 100
7    tons per year of any combination of regulated air
8    pollutants, as defined in Section 39.5 of this Act, except
9    greenhouse gases, is $18 per ton, $2,500 per year,
10    beginning July 1, 2003 1993, and increases, beginning
11    January 1, 2012 to $21.50 per ton, $3,500 per year
12    beginning on July 1, 2003, except as provided in subsection
13    (c) of this Section. However, the maximum fee under this
14    paragraph (3) is $3,500 before January 1, 2012, and is
15    $4,112 beginning January 1, 2012 ; provided, however, that
16    the fee shall not exceed the amount that would be required
17    for the site if it were subject to the fee requirements of
18    Section 39.5 of this Act.
19    (c) The owner or operator of any site source subject to
20subsection paragraphs (b)(1), (b)(2), or (b)(3) of this Section
21that becomes subject to Section 39.5 of this Act shall continue
22to pay the fee set forth in this Section until the site source
23becomes subject to the CAAPP fee set forth within subsection 18
24of Section 39.5 of this Act. If an owner or operator In the
25event a site has paid a fee under this Section during the
2612-month 12 month period following the effective date of the

 

 

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1CAAPP for that site, the fee amount of that fee shall be
2deducted from the any amount due under subsection 18 of Section
339.5 of this Act. Owners or operators that are subject to
4paragraph (b)(1), (b)(2), or (b)(3) of this Section, but that
5are not also subject to Section 39.5, or excluded pursuant to
6subsection 1.1 or subsection 3(c) of Section 39.5 shall
7continue to pay the fee amounts set forth within paragraphs
8(b)(1), (b)(2), or (b)(3), whichever is applicable.
9    (d) Only one air pollution site fee may be collected from
10any site, even if such site receives more than one air
11pollution control permit.
12    (e) The Agency shall establish procedures for the
13collection of air pollution site fees. Air pollution site fees
14may be paid annually, or in advance for the number of years for
15which the permit is issued, at the option of the owner or
16operator. Payment in advance does not exempt the owner or
17operator from paying any increase in the fee that may occur
18during the term of the permit; the owner or operator must pay
19the amount of the increase upon and from the effective date of
20the increase.
21    (f) The Agency may deny an application for the issuance,
22transfer, or renewal of an air pollution operating permit if
23any air pollution site fee owed by the applicant has not been
24paid within 60 days of the due date, unless the applicant, at
25the time of application, pays to the Agency in advance the air
26pollution site fee for the site that is the subject of the

 

 

HB1297 Enrolled- 75 -LRB097 07110 JDS 47209 b

1operating permit, plus any other air pollution site fees then
2owed by the applicant. The denial of an air pollution operating
3permit for failure to pay an air pollution site fee shall be
4subject to review by the Board pursuant to the provisions of
5subsection (a) of Section 40 of this Act.
6    (g) If the Agency determines that an owner or operator of a
7site was required, but failed, to timely obtain an air
8pollution operating permit, and as a result avoided the payment
9of permit fees, the Agency may collect the avoided permit fees
10with or without pursuing enforcement under Section 31 of this
11Act. The avoided permit fees shall be calculated as double the
12amount that would have been owed had a permit been timely
13obtained. Fees collected pursuant to this subsection (g) shall
14be deposited into the Environmental Protection Permit and
15Inspection Fund.
16    (h) If the Agency determines that an owner or operator of a
17site was required, but failed, to timely obtain an air
18pollution operating permit and as a result avoided the payment
19of permit fees, an enforcement action may be brought under
20Section 31 of this Act. In addition to any other relief that
21may be obtained as part of this action, the Agency may seek to
22recover the avoided permit fees. The avoided permit fees shall
23be calculated as double the amount that would have been owed
24had a permit been timely obtained. Fees collected pursuant to
25this subsection (h) shall be deposited into the Environmental
26Protection Permit and Inspection Fund.

 

 

HB1297 Enrolled- 76 -LRB097 07110 JDS 47209 b

1    (i) If a permittee subject to a fee under this Section
2fails to pay the fee within 90 days of its due date, or makes
3the fee payment from an account with insufficient funds to
4cover the amount of the fee payment, the Agency shall notify
5the permittee of the failure to pay the fee. If the permittee
6fails to pay the fee within 60 days after such notification,
7the Agency may, by written notice, immediately revoke the air
8pollution operating permit. Failure of the Agency to notify the
9permittee of failure to pay a fee due under this Section, or
10the payment of the fee from an account with insufficient funds
11to cover the amount of the fee payment, does not excuse or
12alter the duty of the permittee to comply with the provisions
13of this Section.
14(Source: P.A. 93-32, eff. 7-1-03.)
 
15    (415 ILCS 5/9.12)
16    Sec. 9.12. Construction permit fees for air pollution
17sources.
18    (a) An applicant for a new or revised air pollution
19construction permit shall pay a fee, as established in this
20Section, to the Agency at the time that he or she submits the
21application for a construction permit. Except as set forth
22below, the fee for each activity or category listed in this
23Section is separate and is cumulative with any other applicable
24fee listed in this Section.
25    (b) The fee amounts in this subsection (b) apply to

 

 

HB1297 Enrolled- 77 -LRB097 07110 JDS 47209 b

1construction permit applications relating to (i) a source
2subject to Section 39.5 of this Act (the Clean Air Act Permit
3Program); (ii) a source that, upon issuance of the requested
4construction permit, will become a major source subject to
5Section 39.5; or (iii) a source that has or will require a
6federally enforceable State operating permit limiting its
7potential to emit.
8        (1) Base fees for each construction permit application
9    shall be assessed as follows:
10            (A) If the construction permit application relates
11        to one or more new emission units or to a combination
12        of new and modified emission units, a fee of $4,000 for
13        the first new emission unit and a fee of $1,000 for
14        each additional new or modified emission unit;
15        provided that the total base fee under this subdivision
16        (A) shall not exceed $10,000.
17            (B) If the construction permit application relates
18        to one or more modified emission units but not to any
19        new emission unit, a fee of $2,000 for the first
20        modified emission unit and a fee of $1,000 for each
21        additional modified emission unit; provided that the
22        total base fee under this subdivision (B) shall not
23        exceed $5,000.
24        (2) Supplemental fees for each construction permit
25    application shall be assessed as follows:
26            (A) If, based on the construction permit

 

 

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1        application, the source will be, but is not currently,
2        subject to Section 39.5 of this Act, a CAAPP entry fee
3        of $5,000.
4            (B) If the construction permit application
5        involves (i) a new source or emission unit subject to
6        Section 39.2 of this Act, (ii) a commercial incinerator
7        or other municipal waste, hazardous waste, or waste
8        tire incinerator, (iii) a commercial power generator,
9        or (iv) one or more other emission units designated as
10        a complex source by Agency rulemaking, a fee of
11        $25,000.
12            (C) If the construction permit application
13        involves an emissions netting exercise or reliance on a
14        contemporaneous emissions decrease for a pollutant to
15        avoid application of the federal PSD program (40 CFR
16        52.21) or nonattainment new source review (35 Ill. Adm.
17        Code 203), a fee of $3,000 for each such pollutant.
18            (D) If the construction permit application is for a
19        new major source subject to the federal PSD program, a
20        fee of $12,000.
21            (E) If the construction permit application is for a
22        new major source subject to nonattainment new source
23        review, a fee of $20,000.
24            (F) If the construction permit application is for a
25        major modification subject to the federal PSD program,
26        a fee of $6,000.

 

 

HB1297 Enrolled- 79 -LRB097 07110 JDS 47209 b

1            (G) If the construction permit application is for a
2        major modification subject to nonattainment new source
3        review, a fee of $12,000.
4            (H) (Blank). If the construction permit
5        application review involves a determination of whether
6        an emission unit has Clean Unit Status and is therefore
7        not subject to the Best Available Control Technology
8        (BACT) or Lowest Achievable Emission Rate (LAER) under
9        the federal PSD program or nonattainment new source
10        review, a fee of $5,000 per unit for which a
11        determination is requested or otherwise required.
12            (I) If the construction permit application review
13        involves a determination of the Maximum Achievable
14        Control Technology standard for a pollutant and the
15        project is not otherwise subject to BACT or LAER for a
16        related pollutant under the federal PSD program or
17        nonattainment new source review, a fee of $5,000 per
18        unit for which a determination is requested or
19        otherwise required.
20            (J) (Blank). If the applicant is requesting a
21        construction permit that will alter the source's
22        status so that it is no longer a major source subject
23        to Section 39.5 of this Act, a fee of $4,000.
24        (3) If a public hearing is held regarding the
25    construction permit application, an administrative fee of
26    $10,000. This fee shall be submitted at the time the

 

 

HB1297 Enrolled- 80 -LRB097 07110 JDS 47209 b

1    applicant requests a public hearing or, if a public hearing
2    is not requested by the applicant, then within 30 days
3    after the applicant is informed by the Agency that a public
4    hearing will be held , subject to adjustment under
5    subsection (f) of this Section.
6    (c) The fee amounts in this subsection (c) apply to
7construction permit applications relating to a source that,
8upon issuance of the construction permit, will not (i) be or
9become subject to Section 39.5 of this Act (the Clean Air Act
10Permit Program) or (ii) have or require a federally enforceable
11state operating permit limiting its potential to emit.
12        (1) Base fees for each construction permit application
13    shall be assessed as follows:
14            (A) For a construction permit application
15        involving a single new emission unit, a fee of $500.
16            (B) For a construction permit application
17        involving more than one new emission unit, a fee of
18        $1,000.
19            (C) For a construction permit application
20        involving no more than 2 modified emission units, a fee
21        of $500.
22            (D) For a construction permit application
23        involving more than 2 modified emission units, a fee of
24        $1,000.
25        (2) Supplemental fees for each construction permit
26    application shall be assessed as follows:

 

 

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1            (A) If the source is a new source, i.e., does not
2        currently have an operating permit, an entry fee of
3        $500;
4            (B) If the construction permit application
5        involves (i) a new source or emission unit subject to
6        Section 39.2 of this Act, (ii) a commercial incinerator
7        or a municipal waste, hazardous waste, or waste tire
8        incinerator, (iii) a commercial power generator, or
9        (iv) an emission unit designated as a complex source by
10        Agency rulemaking, a fee of $15,000.
11        (3) If a public hearing is held regarding the
12    construction permit application, an administrative fee of
13    $10,000. This fee shall be submitted at the time the
14    applicant requests a public hearing or, if a public hearing
15    is not requested by the applicant, then within 30 days
16    after the applicant is informed by the Agency that a public
17    hearing will be held.
18    (d) If no other fee is applicable under this Section, a
19construction permit application addressing one or more of the
20following shall be subject to a filing fee of $500:
21        (1) A construction permit application to add or replace
22    a control device on a permitted emission unit.
23        (2) A construction permit application to conduct a
24    pilot project or trial burn for a permitted emission unit.
25        (3) A construction permit application for a land
26    remediation project.

 

 

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1        (4) (Blank). A construction permit application for an
2    insignificant activity as described in 35 Ill. Adm. Code
3    201.210.
4        (5) A construction permit application to revise an
5    emissions testing methodology or the timing of required
6    emissions testing.
7        (6) A construction permit application that provides
8    for a change in the name, address, or phone number of any
9    person identified in the permit, or for a change in the
10    stated ownership or control, or for a similar minor
11    administrative permit change at the source.
12    (e) No fee shall be assessed for a request to correct an
13issued permit that involves only an Agency error, if the
14request is received within the deadline for a permit appeal to
15the Pollution Control Board.
16    (f) The applicant for a new or revised air pollution
17construction permit shall submit to the Agency, with the
18construction permit application, both a certification of the
19fee that he or she estimates to be due under this Section and
20the fee itself.
21    (g) Notwithstanding the requirements of subsection (a) of
22Section 39(a) of this Act, the application for an air pollution
23construction permit shall not be deemed to be filed with the
24Agency until the Agency receives the initial air pollution
25construction permit application fee and the certified estimate
26of the fee required by this Section. Unless the Agency has

 

 

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1received the initial air pollution construction permit
2application fee and the certified estimate of the fee required
3by this Section, the Agency is not required to review or
4process the application.
5    (h) If the Agency determines at any time that a
6construction permit application is subject to an additional fee
7under this Section that the applicant has not submitted, the
8Agency shall notify the applicant in writing of the amount due
9under this Section. The applicant shall have 60 days to remit
10the assessed fee to the Agency.
11    If the proper fee established under this Section is not
12submitted within 60 days after the request for further
13remittance:
14        (1) If the construction permit has not yet been issued,
15    the Agency is not required to further review or process,
16    and the provisions of subsection (a) of Section 39(a) of
17    this Act do not apply to, the application for a
18    construction permit until such time as the proper fee is
19    remitted.
20        (2) If the construction permit has been issued, the
21    Agency may, upon written notice, immediately revoke the
22    construction permit.
23    The denial or revocation of a construction permit does not
24excuse the applicant from the duty of paying the fees required
25under this Section.
26    (i) The Agency may deny the issuance of a pending air

 

 

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1pollution construction permit or the subsequent operating
2permit if the applicant has not paid the required fees by the
3date required for issuance of the permit. The denial or
4revocation of a permit for failure to pay a construction permit
5fee is subject to review by the Board pursuant to the
6provisions of subsection (a) of Section 40 of this Act.
7    (j) If the owner or operator undertakes construction
8without obtaining an air pollution construction permit, the fee
9under this Section is still required. Payment of the required
10fee does not preclude the Agency or the Attorney General or
11other authorized persons from pursuing enforcement against the
12applicant for failure to have an air pollution construction
13permit prior to commencing construction.
14    (k) If an air pollution construction permittee makes a fee
15payment under this Section from an account with insufficient
16funds to cover the amount of the fee payment, the Agency shall
17notify the permittee of the failure to pay the fee. If the
18permittee fails to pay the fee within 60 days after such
19notification, the Agency may, by written notice, immediately
20revoke the air pollution construction permit. Failure of the
21Agency to notify the permittee of the permittee's failure to
22make payment does not excuse or alter the duty of the permittee
23to comply with the provisions of this Section.
24    (l) The Agency may establish procedures for the collection
25of air pollution construction permit fees.
26    (m) Fees collected pursuant to this Section shall be

 

 

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1deposited into the Environmental Protection Permit and
2Inspection Fund.
3(Source: P.A. 93-32, eff. 7-1-03.)
 
4    (415 ILCS 5/9.14 new)
5    Sec. 9.14. Registration of smaller sources.
6    (a) After the effective date of rules implementing this
7Section, the owner or operator of an eligible source shall
8annually register with the Agency instead of complying with the
9requirement to obtain an air pollution construction or
10operating permit under this Act. The criteria for determining
11an eligible source shall include the following:
12        (1) the source must not be required to obtain a permit
13    pursuant to the Illinois Clean Air Act Permit Program or
14    Federally Enforceable State Operating Permit program, or
15    under regulations promulgated pursuant to Section 111 or
16    112 of the Clean Air Act;
17        (2) the USEPA has not otherwise determined that a
18    permit is required;
19        (3) the source emits less than an actual 5 tons per
20    year of combined particulate matter, carbon monoxide,
21    nitrogen oxides, sulfur dioxide, and volatile organic
22    material air pollutant emissions;
23        (4) the source emits less than an actual 0.5 tons per
24    year of combined hazardous air pollutant emissions;
25        (5) the source emits less than an actual 0.05 tons per

 

 

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1    year of lead air emissions;
2        (6) the source emits less than an actual 0.05 tons per
3    year of mercury air emissions; and
4        (7) the source does not have an emission unit subject
5    to a standard pursuant to 40 CFR Part 61 Maximum Achievable
6    Control Technology, or 40 CFR Part 63 National Emissions
7    Standards for Hazardous Air Pollutants other than those
8    regulations that the USEPA has categorized as "area
9    source".
10    (b) Complete registration of an eligible source, including
11payment of the required fee as specified in subsection (c) of
12this Section, shall provide the owner or operator of the
13eligible source with an exemption from the requirement to
14obtain an air pollution construction or operating permit under
15this Act. The registration of smaller sources program does not
16relieve an owner or operator from the obligation to comply with
17any other applicable rules or regulations.
18    (c) The owner or operator of an eligible source shall pay
19an annual registration fee of $235 to the Agency at the time of
20registration submittal and each year thereafter. Fees
21collected under this Section shall be deposited into the
22Environmental Protection Permit and Inspection Fund.
23    (d) The Agency shall propose rules to implement the
24registration of smaller sources program. Within 120 days after
25the Agency proposes those rules, the Board shall adopt rules to
26implement the registration of smaller sources program. These

 

 

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1rules may be subsequently amended from time to time pursuant to
2a proposal filed with the Board by any person, and any
3necessary amendments shall be adopted by the Board within 120
4days after proposal. Such amendments may provide for the
5alteration or revision of the initial criteria included in
6subsection (a) of this Section. Subsection (b) of Section 27 of
7this Act and the rulemaking provisions of the Illinois
8Administrative Procedure Act do not apply to rules adopted by
9the Board under this Section.
 
10    (415 ILCS 5/9.15 new)
11    Sec. 9.15. Greenhouse gases.
12    (a) An air pollution construction permit shall not be
13required due to emissions of greenhouse gases if the equipment,
14site, or source is not subject to regulation, as defined by 40
15CFR 52.21, as now or hereafter amended, for greenhouse gases.
16This exemption does not relieve an owner or operator from the
17obligation to comply with other applicable rules or
18regulations.
19    (b) An air pollution operating permit shall not be required
20due to emissions of greenhouse gases if the equipment, site, or
21source is not subject to regulation, as defined by Section 39.5
22of this Act, for greenhouse gases. This exemption does not
23relieve an owner or operator from the obligation to comply with
24other applicable rules or regulations.
25    (c) Notwithstanding any provision to the contrary in this

 

 

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1Section, an air pollution construction or operating permit
2shall not be required due to emissions of greenhouse gases if
3any of the following events occur:
4        (1) enactment of federal legislation depriving the
5    Administrator of the USEPA of authority to regulate
6    greenhouse gases under the Clean Air Act;
7        (2) the issuance of any opinion, ruling, judgment,
8    order, or decree by a federal court depriving the
9    Administrator of the USEPA of authority to regulate
10    greenhouse gases under the Clean Air Act; or
11        (3) action by the President of the United States or the
12    President's authorized agent, including the Administrator
13    of the USEPA, to repeal or withdraw the Greenhouse Gas
14    Tailoring Rule (75 Fed. Reg. 31514, June 3, 2010).
15    This subsection (c) does not relieve an owner or operator
16from the obligation to comply with applicable rules or
17regulations other than those relating to greenhouse gases.
18    (d) If any event listed in subsection (c) of this Section
19occurs, permits issued after such event shall not impose permit
20terms or conditions addressing greenhouse gases during the
21effectiveness of any event listed in subsection (c).
22    (e) If an event listed in subsection (c) of this Section
23occurs, any owner or operator with a permit that includes terms
24or conditions addressing greenhouse gases may elect to submit
25an application to the Agency to address a revision or repeal of
26such terms or conditions. The Agency shall expeditiously

 

 

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1process such permit application in accordance with applicable
2laws and regulations.
 
3    (415 ILCS 5/39)  (from Ch. 111 1/2, par. 1039)
4    Sec. 39. Issuance of permits; procedures.
5    (a) When the Board has by regulation required a permit for
6the construction, installation, or operation of any type of
7facility, equipment, vehicle, vessel, or aircraft, the
8applicant shall apply to the Agency for such permit and it
9shall be the duty of the Agency to issue such a permit upon
10proof by the applicant that the facility, equipment, vehicle,
11vessel, or aircraft will not cause a violation of this Act or
12of regulations hereunder. The Agency shall adopt such
13procedures as are necessary to carry out its duties under this
14Section. In making its determinations on permit applications
15under this Section the Agency may consider prior adjudications
16of noncompliance with this Act by the applicant that involved a
17release of a contaminant into the environment. In granting
18permits, the Agency may impose reasonable conditions
19specifically related to the applicant's past compliance
20history with this Act as necessary to correct, detect, or
21prevent noncompliance. The Agency may impose such other
22conditions as may be necessary to accomplish the purposes of
23this Act, and as are not inconsistent with the regulations
24promulgated by the Board hereunder. Except as otherwise
25provided in this Act, a bond or other security shall not be

 

 

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1required as a condition for the issuance of a permit. If the
2Agency denies any permit under this Section, the Agency shall
3transmit to the applicant within the time limitations of this
4Section specific, detailed statements as to the reasons the
5permit application was denied. Such statements shall include,
6but not be limited to the following:
7        (i) the Sections of this Act which may be violated if
8    the permit were granted;
9        (ii) the provision of the regulations, promulgated
10    under this Act, which may be violated if the permit were
11    granted;
12        (iii) the specific type of information, if any, which
13    the Agency deems the applicant did not provide the Agency;
14    and
15        (iv) a statement of specific reasons why the Act and
16    the regulations might not be met if the permit were
17    granted.
18    If there is no final action by the Agency within 90 days
19after the filing of the application for permit, the applicant
20may deem the permit issued; except that this time period shall
21be extended to 180 days when (1) notice and opportunity for
22public hearing are required by State or federal law or
23regulation, (2) the application which was filed is for any
24permit to develop a landfill subject to issuance pursuant to
25this subsection, or (3) the application that was filed is for a
26MSWLF unit required to issue public notice under subsection (p)

 

 

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1of Section 39. The 90-day and 180-day time periods for the
2Agency to take final action do not apply to NPDES permit
3applications under subsection (b) of this Section, to RCRA
4permit applications under subsection (d) of this Section, or to
5UIC permit applications under subsection (e) of this Section.
6    The Agency shall publish notice of all final permit
7determinations for development permits for MSWLF units and for
8significant permit modifications for lateral expansions for
9existing MSWLF units one time in a newspaper of general
10circulation in the county in which the unit is or is proposed
11to be located.
12    After January 1, 1994 and until July 1, 1998, operating
13permits issued under this Section by the Agency for sources of
14air pollution permitted to emit less than 25 tons per year of
15any combination of regulated air pollutants, as defined in
16Section 39.5 of this Act, shall be required to be renewed only
17upon written request by the Agency consistent with applicable
18provisions of this Act and regulations promulgated hereunder.
19Such operating permits shall expire 180 days after the date of
20such a request. The Board shall revise its regulations for the
21existing State air pollution operating permit program
22consistent with this provision by January 1, 1994.
23    After June 30, 1998, operating permits issued under this
24Section by the Agency for sources of air pollution that are not
25subject to Section 39.5 of this Act and are not required to
26have a federally enforceable State operating permit shall be

 

 

HB1297 Enrolled- 92 -LRB097 07110 JDS 47209 b

1required to be renewed only upon written request by the Agency
2consistent with applicable provisions of this Act and its
3rules. Such operating permits shall expire 180 days after the
4date of such a request. Before July 1, 1998, the Board shall
5revise its rules for the existing State air pollution operating
6permit program consistent with this paragraph and shall adopt
7rules that require a source to demonstrate that it qualifies
8for a permit under this paragraph.
9    (b) The Agency may issue NPDES permits exclusively under
10this subsection for the discharge of contaminants from point
11sources into navigable waters, all as defined in the Federal
12Water Pollution Control Act, as now or hereafter amended,
13within the jurisdiction of the State, or into any well.
14    All NPDES permits shall contain those terms and conditions,
15including but not limited to schedules of compliance, which may
16be required to accomplish the purposes and provisions of this
17Act.
18    The Agency may issue general NPDES permits for discharges
19from categories of point sources which are subject to the same
20permit limitations and conditions. Such general permits may be
21issued without individual applications and shall conform to
22regulations promulgated under Section 402 of the Federal Water
23Pollution Control Act, as now or hereafter amended.
24    The Agency may include, among such conditions, effluent
25limitations and other requirements established under this Act,
26Board regulations, the Federal Water Pollution Control Act, as

 

 

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1now or hereafter amended, and regulations pursuant thereto, and
2schedules for achieving compliance therewith at the earliest
3reasonable date.
4    The Agency shall adopt filing requirements and procedures
5which are necessary and appropriate for the issuance of NPDES
6permits, and which are consistent with the Act or regulations
7adopted by the Board, and with the Federal Water Pollution
8Control Act, as now or hereafter amended, and regulations
9pursuant thereto.
10    The Agency, subject to any conditions which may be
11prescribed by Board regulations, may issue NPDES permits to
12allow discharges beyond deadlines established by this Act or by
13regulations of the Board without the requirement of a variance,
14subject to the Federal Water Pollution Control Act, as now or
15hereafter amended, and regulations pursuant thereto.
16    (c) Except for those facilities owned or operated by
17sanitary districts organized under the Metropolitan Water
18Reclamation District Act, no permit for the development or
19construction of a new pollution control facility may be granted
20by the Agency unless the applicant submits proof to the Agency
21that the location of the facility has been approved by the
22County Board of the county if in an unincorporated area, or the
23governing body of the municipality when in an incorporated
24area, in which the facility is to be located in accordance with
25Section 39.2 of this Act. For purposes of this subsection (c),
26and for purposes of Section 39.2 of this Act, the appropriate

 

 

HB1297 Enrolled- 94 -LRB097 07110 JDS 47209 b

1county board or governing body of the municipality shall be the
2county board of the county or the governing body of the
3municipality in which the facility is to be located as of the
4date when the application for siting approval is filed.
5    In the event that siting approval granted pursuant to
6Section 39.2 has been transferred to a subsequent owner or
7operator, that subsequent owner or operator may apply to the
8Agency for, and the Agency may grant, a development or
9construction permit for the facility for which local siting
10approval was granted. Upon application to the Agency for a
11development or construction permit by that subsequent owner or
12operator, the permit applicant shall cause written notice of
13the permit application to be served upon the appropriate county
14board or governing body of the municipality that granted siting
15approval for that facility and upon any party to the siting
16proceeding pursuant to which siting approval was granted. In
17that event, the Agency shall conduct an evaluation of the
18subsequent owner or operator's prior experience in waste
19management operations in the manner conducted under subsection
20(i) of Section 39 of this Act.
21    Beginning August 20, 1993, if the pollution control
22facility consists of a hazardous or solid waste disposal
23facility for which the proposed site is located in an
24unincorporated area of a county with a population of less than
25100,000 and includes all or a portion of a parcel of land that
26was, on April 1, 1993, adjacent to a municipality having a

 

 

HB1297 Enrolled- 95 -LRB097 07110 JDS 47209 b

1population of less than 5,000, then the local siting review
2required under this subsection (c) in conjunction with any
3permit applied for after that date shall be performed by the
4governing body of that adjacent municipality rather than the
5county board of the county in which the proposed site is
6located; and for the purposes of that local siting review, any
7references in this Act to the county board shall be deemed to
8mean the governing body of that adjacent municipality;
9provided, however, that the provisions of this paragraph shall
10not apply to any proposed site which was, on April 1, 1993,
11owned in whole or in part by another municipality.
12    In the case of a pollution control facility for which a
13development permit was issued before November 12, 1981, if an
14operating permit has not been issued by the Agency prior to
15August 31, 1989 for any portion of the facility, then the
16Agency may not issue or renew any development permit nor issue
17an original operating permit for any portion of such facility
18unless the applicant has submitted proof to the Agency that the
19location of the facility has been approved by the appropriate
20county board or municipal governing body pursuant to Section
2139.2 of this Act.
22    After January 1, 1994, if a solid waste disposal facility,
23any portion for which an operating permit has been issued by
24the Agency, has not accepted waste disposal for 5 or more
25consecutive calendars years, before that facility may accept
26any new or additional waste for disposal, the owner and

 

 

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1operator must obtain a new operating permit under this Act for
2that facility unless the owner and operator have applied to the
3Agency for a permit authorizing the temporary suspension of
4waste acceptance. The Agency may not issue a new operation
5permit under this Act for the facility unless the applicant has
6submitted proof to the Agency that the location of the facility
7has been approved or re-approved by the appropriate county
8board or municipal governing body under Section 39.2 of this
9Act after the facility ceased accepting waste.
10    Except for those facilities owned or operated by sanitary
11districts organized under the Metropolitan Water Reclamation
12District Act, and except for new pollution control facilities
13governed by Section 39.2, and except for fossil fuel mining
14facilities, the granting of a permit under this Act shall not
15relieve the applicant from meeting and securing all necessary
16zoning approvals from the unit of government having zoning
17jurisdiction over the proposed facility.
18    Before beginning construction on any new sewage treatment
19plant or sludge drying site to be owned or operated by a
20sanitary district organized under the Metropolitan Water
21Reclamation District Act for which a new permit (rather than
22the renewal or amendment of an existing permit) is required,
23such sanitary district shall hold a public hearing within the
24municipality within which the proposed facility is to be
25located, or within the nearest community if the proposed
26facility is to be located within an unincorporated area, at

 

 

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1which information concerning the proposed facility shall be
2made available to the public, and members of the public shall
3be given the opportunity to express their views concerning the
4proposed facility.
5    The Agency may issue a permit for a municipal waste
6transfer station without requiring approval pursuant to
7Section 39.2 provided that the following demonstration is made:
8        (1) the municipal waste transfer station was in
9    existence on or before January 1, 1979 and was in
10    continuous operation from January 1, 1979 to January 1,
11    1993;
12        (2) the operator submitted a permit application to the
13    Agency to develop and operate the municipal waste transfer
14    station during April of 1994;
15        (3) the operator can demonstrate that the county board
16    of the county, if the municipal waste transfer station is
17    in an unincorporated area, or the governing body of the
18    municipality, if the station is in an incorporated area,
19    does not object to resumption of the operation of the
20    station; and
21        (4) the site has local zoning approval.
22    (d) The Agency may issue RCRA permits exclusively under
23this subsection to persons owning or operating a facility for
24the treatment, storage, or disposal of hazardous waste as
25defined under this Act.
26    All RCRA permits shall contain those terms and conditions,

 

 

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1including but not limited to schedules of compliance, which may
2be required to accomplish the purposes and provisions of this
3Act. The Agency may include among such conditions standards and
4other requirements established under this Act, Board
5regulations, the Resource Conservation and Recovery Act of 1976
6(P.L. 94-580), as amended, and regulations pursuant thereto,
7and may include schedules for achieving compliance therewith as
8soon as possible. The Agency shall require that a performance
9bond or other security be provided as a condition for the
10issuance of a RCRA permit.
11    In the case of a permit to operate a hazardous waste or PCB
12incinerator as defined in subsection (k) of Section 44, the
13Agency shall require, as a condition of the permit, that the
14operator of the facility perform such analyses of the waste to
15be incinerated as may be necessary and appropriate to ensure
16the safe operation of the incinerator.
17    The Agency shall adopt filing requirements and procedures
18which are necessary and appropriate for the issuance of RCRA
19permits, and which are consistent with the Act or regulations
20adopted by the Board, and with the Resource Conservation and
21Recovery Act of 1976 (P.L. 94-580), as amended, and regulations
22pursuant thereto.
23    The applicant shall make available to the public for
24inspection all documents submitted by the applicant to the
25Agency in furtherance of an application, with the exception of
26trade secrets, at the office of the county board or governing

 

 

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1body of the municipality. Such documents may be copied upon
2payment of the actual cost of reproduction during regular
3business hours of the local office. The Agency shall issue a
4written statement concurrent with its grant or denial of the
5permit explaining the basis for its decision.
6    (e) The Agency may issue UIC permits exclusively under this
7subsection to persons owning or operating a facility for the
8underground injection of contaminants as defined under this
9Act.
10    All UIC permits shall contain those terms and conditions,
11including but not limited to schedules of compliance, which may
12be required to accomplish the purposes and provisions of this
13Act. The Agency may include among such conditions standards and
14other requirements established under this Act, Board
15regulations, the Safe Drinking Water Act (P.L. 93-523), as
16amended, and regulations pursuant thereto, and may include
17schedules for achieving compliance therewith. The Agency shall
18require that a performance bond or other security be provided
19as a condition for the issuance of a UIC permit.
20    The Agency shall adopt filing requirements and procedures
21which are necessary and appropriate for the issuance of UIC
22permits, and which are consistent with the Act or regulations
23adopted by the Board, and with the Safe Drinking Water Act
24(P.L. 93-523), as amended, and regulations pursuant thereto.
25    The applicant shall make available to the public for
26inspection, all documents submitted by the applicant to the

 

 

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1Agency in furtherance of an application, with the exception of
2trade secrets, at the office of the county board or governing
3body of the municipality. Such documents may be copied upon
4payment of the actual cost of reproduction during regular
5business hours of the local office. The Agency shall issue a
6written statement concurrent with its grant or denial of the
7permit explaining the basis for its decision.
8    (f) In making any determination pursuant to Section 9.1 of
9this Act:
10        (1) The Agency shall have authority to make the
11    determination of any question required to be determined by
12    the Clean Air Act, as now or hereafter amended, this Act,
13    or the regulations of the Board, including the
14    determination of the Lowest Achievable Emission Rate,
15    Maximum Achievable Control Technology, or Best Available
16    Control Technology, consistent with the Board's
17    regulations, if any.
18        (2) The Agency shall, after conferring with the
19    applicant, give written notice to the applicant of its
20    proposed decision on the application including the terms
21    and conditions of the permit to be issued and the facts,
22    conduct or other basis upon which the Agency will rely to
23    support its proposed action.
24        (3) Following such notice, the Agency shall give the
25    applicant an opportunity for a hearing in accordance with
26    the provisions of Sections 10-25 through 10-60 of the

 

 

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1    Illinois Administrative Procedure Act.
2    (g) The Agency shall include as conditions upon all permits
3issued for hazardous waste disposal sites such restrictions
4upon the future use of such sites as are reasonably necessary
5to protect public health and the environment, including
6permanent prohibition of the use of such sites for purposes
7which may create an unreasonable risk of injury to human health
8or to the environment. After administrative and judicial
9challenges to such restrictions have been exhausted, the Agency
10shall file such restrictions of record in the Office of the
11Recorder of the county in which the hazardous waste disposal
12site is located.
13    (h) A hazardous waste stream may not be deposited in a
14permitted hazardous waste site unless specific authorization
15is obtained from the Agency by the generator and disposal site
16owner and operator for the deposit of that specific hazardous
17waste stream. The Agency may grant specific authorization for
18disposal of hazardous waste streams only after the generator
19has reasonably demonstrated that, considering technological
20feasibility and economic reasonableness, the hazardous waste
21cannot be reasonably recycled for reuse, nor incinerated or
22chemically, physically or biologically treated so as to
23neutralize the hazardous waste and render it nonhazardous. In
24granting authorization under this Section, the Agency may
25impose such conditions as may be necessary to accomplish the
26purposes of the Act and are consistent with this Act and

 

 

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1regulations promulgated by the Board hereunder. If the Agency
2refuses to grant authorization under this Section, the
3applicant may appeal as if the Agency refused to grant a
4permit, pursuant to the provisions of subsection (a) of Section
540 of this Act. For purposes of this subsection (h), the term
6"generator" has the meaning given in Section 3.205 of this Act,
7unless: (1) the hazardous waste is treated, incinerated, or
8partially recycled for reuse prior to disposal, in which case
9the last person who treats, incinerates, or partially recycles
10the hazardous waste prior to disposal is the generator; or (2)
11the hazardous waste is from a response action, in which case
12the person performing the response action is the generator.
13This subsection (h) does not apply to any hazardous waste that
14is restricted from land disposal under 35 Ill. Adm. Code 728.
15    (i) Before issuing any RCRA permit, any permit for a waste
16storage site, sanitary landfill, waste disposal site, waste
17transfer station, waste treatment facility, waste incinerator,
18or any waste-transportation operation, or any permit or interim
19authorization for a clean construction or demolition debris
20fill operation, the Agency shall conduct an evaluation of the
21prospective owner's or operator's prior experience in waste
22management operations and clean construction or demolition
23debris fill operations. The Agency may deny such a permit, or
24deny or revoke interim authorization, if the prospective owner
25or operator or any employee or officer of the prospective owner
26or operator has a history of:

 

 

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1        (1) repeated violations of federal, State, or local
2    laws, regulations, standards, or ordinances in the
3    operation of waste management facilities or sites or clean
4    construction or demolition debris fill operation
5    facilities or sites; or
6        (2) conviction in this or another State of any crime
7    which is a felony under the laws of this State, or
8    conviction of a felony in a federal court; or conviction in
9    this or another state or federal court of any of the
10    following crimes: forgery, official misconduct, bribery,
11    perjury, or knowingly submitting false information under
12    any environmental law, regulation, or permit term or
13    condition; or
14        (3) proof of gross carelessness or incompetence in
15    handling, storing, processing, transporting or disposing
16    of waste or clean construction or demolition debris, or
17    proof of gross carelessness or incompetence in using clean
18    construction or demolition debris as fill.
19    (i-5) Before issuing any permit or approving any interim
20authorization for a clean construction or demolition debris
21fill operation in which any ownership interest is transferred
22between January 1, 2005, and the effective date of the
23prohibition set forth in Section 22.52 of this Act, the Agency
24shall conduct an evaluation of the operation if any previous
25activities at the site or facility may have caused or allowed
26contamination of the site. It shall be the responsibility of

 

 

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1the owner or operator seeking the permit or interim
2authorization to provide to the Agency all of the information
3necessary for the Agency to conduct its evaluation. The Agency
4may deny a permit or interim authorization if previous
5activities at the site may have caused or allowed contamination
6at the site, unless such contamination is authorized under any
7permit issued by the Agency.
8    (j) The issuance under this Act of a permit to engage in
9the surface mining of any resources other than fossil fuels
10shall not relieve the permittee from its duty to comply with
11any applicable local law regulating the commencement, location
12or operation of surface mining facilities.
13    (k) A development permit issued under subsection (a) of
14Section 39 for any facility or site which is required to have a
15permit under subsection (d) of Section 21 shall expire at the
16end of 2 calendar years from the date upon which it was issued,
17unless within that period the applicant has taken action to
18develop the facility or the site. In the event that review of
19the conditions of the development permit is sought pursuant to
20Section 40 or 41, or permittee is prevented from commencing
21development of the facility or site by any other litigation
22beyond the permittee's control, such two-year period shall be
23deemed to begin on the date upon which such review process or
24litigation is concluded.
25    (l) No permit shall be issued by the Agency under this Act
26for construction or operation of any facility or site located

 

 

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1within the boundaries of any setback zone established pursuant
2to this Act, where such construction or operation is
3prohibited.
4    (m) The Agency may issue permits to persons owning or
5operating a facility for composting landscape waste. In
6granting such permits, the Agency may impose such conditions as
7may be necessary to accomplish the purposes of this Act, and as
8are not inconsistent with applicable regulations promulgated
9by the Board. Except as otherwise provided in this Act, a bond
10or other security shall not be required as a condition for the
11issuance of a permit. If the Agency denies any permit pursuant
12to this subsection, the Agency shall transmit to the applicant
13within the time limitations of this subsection specific,
14detailed statements as to the reasons the permit application
15was denied. Such statements shall include but not be limited to
16the following:
17        (1) the Sections of this Act that may be violated if
18    the permit were granted;
19        (2) the specific regulations promulgated pursuant to
20    this Act that may be violated if the permit were granted;
21        (3) the specific information, if any, the Agency deems
22    the applicant did not provide in its application to the
23    Agency; and
24        (4) a statement of specific reasons why the Act and the
25    regulations might be violated if the permit were granted.
26    If no final action is taken by the Agency within 90 days

 

 

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1after the filing of the application for permit, the applicant
2may deem the permit issued. Any applicant for a permit may
3waive the 90 day limitation by filing a written statement with
4the Agency.
5    The Agency shall issue permits for such facilities upon
6receipt of an application that includes a legal description of
7the site, a topographic map of the site drawn to the scale of
8200 feet to the inch or larger, a description of the operation,
9including the area served, an estimate of the volume of
10materials to be processed, and documentation that:
11        (1) the facility includes a setback of at least 200
12    feet from the nearest potable water supply well;
13        (2) the facility is located outside the boundary of the
14    10-year floodplain or the site will be floodproofed;
15        (3) the facility is located so as to minimize
16    incompatibility with the character of the surrounding
17    area, including at least a 200 foot setback from any
18    residence, and in the case of a facility that is developed
19    or the permitted composting area of which is expanded after
20    November 17, 1991, the composting area is located at least
21    1/8 mile from the nearest residence (other than a residence
22    located on the same property as the facility);
23        (4) the design of the facility will prevent any compost
24    material from being placed within 5 feet of the water
25    table, will adequately control runoff from the site, and
26    will collect and manage any leachate that is generated on

 

 

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1    the site;
2        (5) the operation of the facility will include
3    appropriate dust and odor control measures, limitations on
4    operating hours, appropriate noise control measures for
5    shredding, chipping and similar equipment, management
6    procedures for composting, containment and disposal of
7    non-compostable wastes, procedures to be used for
8    terminating operations at the site, and recordkeeping
9    sufficient to document the amount of materials received,
10    composted and otherwise disposed of; and
11        (6) the operation will be conducted in accordance with
12    any applicable rules adopted by the Board.
13    The Agency shall issue renewable permits of not longer than
1410 years in duration for the composting of landscape wastes, as
15defined in Section 3.155 of this Act, based on the above
16requirements.
17    The operator of any facility permitted under this
18subsection (m) must submit a written annual statement to the
19Agency on or before April 1 of each year that includes an
20estimate of the amount of material, in tons, received for
21composting.
22    (n) The Agency shall issue permits jointly with the
23Department of Transportation for the dredging or deposit of
24material in Lake Michigan in accordance with Section 18 of the
25Rivers, Lakes, and Streams Act.
26    (o) (Blank.)

 

 

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1    (p) (1) Any person submitting an application for a permit
2for a new MSWLF unit or for a lateral expansion under
3subsection (t) of Section 21 of this Act for an existing MSWLF
4unit that has not received and is not subject to local siting
5approval under Section 39.2 of this Act shall publish notice of
6the application in a newspaper of general circulation in the
7county in which the MSWLF unit is or is proposed to be located.
8The notice must be published at least 15 days before submission
9of the permit application to the Agency. The notice shall state
10the name and address of the applicant, the location of the
11MSWLF unit or proposed MSWLF unit, the nature and size of the
12MSWLF unit or proposed MSWLF unit, the nature of the activity
13proposed, the probable life of the proposed activity, the date
14the permit application will be submitted, and a statement that
15persons may file written comments with the Agency concerning
16the permit application within 30 days after the filing of the
17permit application unless the time period to submit comments is
18extended by the Agency.
19    When a permit applicant submits information to the Agency
20to supplement a permit application being reviewed by the
21Agency, the applicant shall not be required to reissue the
22notice under this subsection.
23    (2) The Agency shall accept written comments concerning the
24permit application that are postmarked no later than 30 days
25after the filing of the permit application, unless the time
26period to accept comments is extended by the Agency.

 

 

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1    (3) Each applicant for a permit described in part (1) of
2this subsection shall file a copy of the permit application
3with the county board or governing body of the municipality in
4which the MSWLF unit is or is proposed to be located at the
5same time the application is submitted to the Agency. The
6permit application filed with the county board or governing
7body of the municipality shall include all documents submitted
8to or to be submitted to the Agency, except trade secrets as
9determined under Section 7.1 of this Act. The permit
10application and other documents on file with the county board
11or governing body of the municipality shall be made available
12for public inspection during regular business hours at the
13office of the county board or the governing body of the
14municipality and may be copied upon payment of the actual cost
15of reproduction.
16    (q) Within 6 months after the effective date of this
17amendatory Act of the 97th General Assembly, the Agency, in
18consultation with the regulated community, shall develop a web
19portal to be posted on its website for the purpose of enhancing
20review and promoting timely issuance of permits required by
21this Act. At a minimum, the Agency shall make the following
22information available on the web portal:
23        (1) Checklists and guidance relating to the completion
24    of permit applications, developed pursuant to subsection
25    (s) of this Section, which may include, but are not limited
26    to, existing instructions for completing the applications

 

 

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1    and examples of complete applications. As the Agency
2    develops new checklists and develops guidance, it shall
3    supplement the web portal with those materials.
4        (2) Within 2 years after the effective date of this
5    amendatory Act of the 97th General Assembly, permit
6    application forms or portions of permit applications that
7    can be completed and saved electronically, and submitted to
8    the Agency electronically with digital signatures.
9        (3) Within 2 years after the effective date of this
10    amendatory Act of the 97th General Assembly, an online
11    tracking system where an applicant may review the status of
12    its pending application, including the name and contact
13    information of the permit analyst assigned to the
14    application. Until the online tracking system has been
15    developed, the Agency shall post on its website semi-annual
16    permitting efficiency tracking reports that include
17    statistics on the timeframes for Agency action on the
18    following types of permits received after the effective
19    date of this amendatory Act of the 97th General Assembly:
20    air construction permits, new NPDES permits and associated
21    water construction permits, and modifications of major
22    NPDES permits and associated water construction permits.
23    The reports must be posted by February 1 and August 1 each
24    year and shall include:
25            (A) the number of applications received for each
26        type of permit, the number of applications on which the

 

 

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1        Agency has taken action, and the number of applications
2        still pending; and
3            (B) for those applications where the Agency has not
4        taken action in accordance with the timeframes set
5        forth in this Act, the date the application was
6        received and the reasons for any delays, which may
7        include, but shall not be limited to, (i) the
8        application being inadequate or incomplete, (ii)
9        scientific or technical disagreements with the
10        applicant, USEPA, or other local, state, or federal
11        agencies involved in the permitting approval process,
12        (iii) public opposition to the permit, or (iv) Agency
13        staffing shortages. To the extent practicable, the
14        tracking report shall provide approximate dates when
15        cause for delay was identified by the Agency, when the
16        Agency informed the applicant of the problem leading to
17        the delay, and when the applicant remedied the reason
18        for the delay.
19    (r) Upon the request of the applicant, the Agency shall
20notify the applicant of the permit analyst assigned to the
21application upon its receipt.
22    (s) The Agency is authorized to prepare and distribute
23guidance documents relating to its administration of this
24Section and procedural rules implementing this Section.
25Guidance documents prepared under this subsection shall not be
26considered rules and shall not be subject to the Illinois

 

 

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1Administrative Procedure Act. Such guidance shall not be
2binding on any party.
3    (t) Except as otherwise prohibited by federal law or
4regulation, any person submitting an application for a permit
5may include with the application suggested permit language for
6Agency consideration. The Agency is not obligated to use the
7suggested language or any portion thereof in its permitting
8decision. If requested by the permit applicant, the Agency
9shall meet with the applicant to discuss the suggested
10language.
11    (u) If requested by the permit applicant, the Agency shall
12provide the permit applicant with a copy of the draft permit
13prior to any public review period.
14    (v) If requested by the permit applicant, the Agency shall
15provide the permit applicant with a copy of the final permit
16prior to its issuance.
17    (w) An air pollution permit shall not be required due to
18emissions of greenhouse gases, as specified by Section 9.15 of
19this Act.
20(Source: P.A. 94-272, eff. 7-19-05; 94-725, eff. 6-1-06;
2195-288, eff. 8-20-07.)
 
22    (415 ILCS 5/39.5)  (from Ch. 111 1/2, par. 1039.5)
23    Sec. 39.5. Clean Air Act Permit Program.
24    1. Definitions.
25    For purposes of this Section:

 

 

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1    "Administrative permit amendment" means a permit revision
2subject to subsection 13 of this Section.
3    "Affected source for acid deposition" means a source that
4includes one or more affected units under Title IV of the Clean
5Air Act.
6    "Affected States" for purposes of formal distribution of a
7draft CAAPP permit to other States for comments prior to
8issuance, means all States:
9        (1) Whose air quality may be affected by the source
10    covered by the draft permit and that are contiguous to
11    Illinois; or
12        (2) That are within 50 miles of the source.
13    "Affected unit for acid deposition" shall have the meaning
14given to the term "affected unit" in the regulations
15promulgated under Title IV of the Clean Air Act.
16    "Applicable Clean Air Act requirement" means all of the
17following as they apply to emissions units in a source
18(including regulations that have been promulgated or approved
19by USEPA pursuant to the Clean Air Act which directly impose
20requirements upon a source and other such federal requirements
21which have been adopted by the Board. These may include
22requirements and regulations which have future effective
23compliance dates. Requirements and regulations will be exempt
24if USEPA determines that such requirements need not be
25contained in a Title V permit):
26        (1) Any standard or other requirement provided for in

 

 

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1    the applicable state implementation plan approved or
2    promulgated by USEPA under Title I of the Clean Air Act
3    that implements implement the relevant requirements of the
4    Clean Air Act, including any revisions to the state
5    Implementation Plan promulgated in 40 CFR Part 52, Subparts
6    A and O and other subparts applicable to Illinois. For
7    purposes of this paragraph subsection (1) of this
8    definition, "any standard or other requirement" means
9    shall mean only such standards or requirements directly
10    enforceable against an individual source under the Clean
11    Air Act.
12        (2)(i) Any term or condition of any preconstruction
13        permits issued pursuant to regulations approved or
14        promulgated by USEPA under Title I of the Clean Air
15        Act, including Part C or D of the Clean Air Act.
16            (ii) Any term or condition as required pursuant to
17        Section 39.5 of any federally enforceable State
18        operating permit issued pursuant to regulations
19        approved or promulgated by USEPA under Title I of the
20        Clean Air Act, including Part C or D of the Clean Air
21        Act.
22        (3) Any standard or other requirement under Section 111
23    of the Clean Air Act, including Section 111(d).
24        (4) Any standard or other requirement under Section 112
25    of the Clean Air Act, including any requirement concerning
26    accident prevention under Section 112(r)(7) of the Clean

 

 

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

 

 

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

 

 

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1compliance with permits, permit applications, and compliance
2plans for the unit.
3    "Draft CAAPP permit" means the version of a CAAPP permit
4for which public notice and an opportunity for public comment
5and hearing is offered by the Agency.
6    "Effective date of the CAAPP" means the date that USEPA
7approves Illinois' CAAPP.
8    "Emission unit" means any part or activity of a stationary
9source that emits or has the potential to emit any air
10pollutant. This term is not meant to alter or affect the
11definition of the term "unit" for purposes of Title IV of the
12Clean Air Act.
13    "Federally enforceable" means enforceable by USEPA.
14    "Final permit action" means the Agency's granting with
15conditions, refusal to grant, renewal of, or revision of a
16CAAPP permit, the Agency's determination of incompleteness of a
17submitted CAAPP application, or the Agency's failure to act on
18an application for a permit, permit renewal, or permit revision
19within the time specified in paragraph 5(j), subsection 13, or
20subsection 14, or paragraph (j) of subsection 5 of this
21Section.
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 2(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 are located on one or more
12contiguous or adjacent properties that are under common control
13of the same person (or persons under common control) and that
14belongs to a single major industrial grouping. For the purposes
15of defining "source," a stationary source or group of
16stationary sources shall be considered part of a single major
17industrial grouping if all of the pollutant emitting activities
18at such source or group of sources located on contiguous or
19adjacent properties and under common control belong to the same
20Major Group (i.e., all have the same two-digit code) as
21described in the Standard Industrial Classification Manual,
221987, or such pollutant emitting activities at a stationary
23source (or group of stationary sources) located on contiguous
24or adjacent properties and under common control constitute a
25support facility. The determination as to whether any group of
26stationary sources is are located on contiguous or adjacent

 

 

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1properties, and/or is are under common control, and/or whether
2the pollutant 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.
9    "Subject to regulation" has the meaning given to it in 40
10CFR 70.2, as now or hereafter amended.
11    "Support facility" means any stationary source (or group of
12stationary sources) that conveys, stores, or otherwise assists
13to a significant extent in the production of a principal
14product at another stationary source (or group of stationary
15sources). A support facility shall be considered to be part of
16the same source as the stationary source (or group of
17stationary sources) that it supports regardless of the 2-digit
18Standard Industrial Classification code for the support
19facility.
20    "USEPA" means the Administrator of the United States
21Environmental Protection Agency (USEPA) or a person designated
22by the Administrator.
 
23    1.1. Exclusion From the CAAPP.
24        a. An owner or operator of a source which determines
25    that the source could be excluded from the CAAPP may seek

 

 

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

 

 

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

 

 

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1        b. Sources exempted from this Section shall include:
2            i. All sources listed in paragraph (a) of this
3        subsection that which are not major sources, affected
4        sources for acid deposition or solid waste
5        incineration units required to obtain a permit
6        pursuant to Section 129(e) of the Clean Air Act, until
7        the source is required to obtain a CAAPP permit
8        pursuant to the Clean Air Act or regulations
9        promulgated thereunder.
10            ii. Nonmajor sources subject to a standard or other
11        requirements subsequently promulgated by USEPA under
12        Section 111 or 112 of the Clean Air Act that which are
13        determined by USEPA to be exempt at the time a new
14        standard is promulgated.
15            iii. All sources and source categories that would
16        be required to obtain a permit solely because they are
17        subject to Part 60, Subpart AAA - Standards of
18        Performance for New Residential Wood Heaters (40 CFR
19        Part 60).
20            iv. All sources and source categories that would be
21        required to obtain a permit solely because they are
22        subject to Part 61, Subpart M - National Emission
23        Standard for Hazardous Air Pollutants for Asbestos,
24        Section 61.145 (40 CFR Part 61).
25            v. Any other source categories exempted by USEPA
26        regulations pursuant to Section 502(a) of the Clean Air

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1            remain subject to the major source criteria of
2            subparagraph (ii) of paragraph 2(c)(ii) of this
3            subsection.
4                B. For ozone transport regions established
5            pursuant to Section 184 of the Clean Air Act,
6            sources with the potential to emit 50 tons or more
7            per year of volatile organic compounds (VOCs).
8                C. For carbon monoxide nonattainment areas (1)
9            that are classified as "serious", and (2) in which
10            stationary sources contribute significantly to
11            carbon monoxide levels as determined under rules
12            issued by USEPA, sources with the potential to emit
13            50 tons or more per year of carbon monoxide.
14                D. For particulate matter (PM-10)
15            nonattainment areas classified as "serious",
16            sources with the potential to emit 70 tons or more
17            per year of PM-10.
 
18    3. Agency Authority To Issue CAAPP Permits and Federally
19Enforceable State Operating Permits.
20        a. The Agency shall issue CAAPP permits under this
21    Section consistent with the Clean Air Act and regulations
22    promulgated thereunder and this Act and regulations
23    promulgated thereunder.
24        b. The Agency shall issue CAAPP permits for fixed terms
25    of 5 years, except CAAPP permits issued for solid waste

 

 

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1    incineration units combusting municipal waste which shall
2    be issued for fixed terms of 12 years and except CAAPP
3    permits for affected sources for acid deposition which
4    shall be issued for initial terms to expire on December 31,
5    1999, and for fixed terms of 5 years thereafter.
6        c. The Agency shall have the authority to issue a State
7    operating permit for a source under subsection (a) of
8    Section 39(a) of this Act, as amended, and regulations
9    promulgated thereunder, which includes federally
10    enforceable conditions limiting the "potential to emit" of
11    the source to a level below the major source threshold for
12    that source as described in paragraph 2(c) of subsection 2
13    of this Section, thereby excluding the source from the
14    CAAPP, when requested by the applicant pursuant to
15    paragraph 5(u) of subsection 5 of this Section. The public
16    notice requirements of this Section applicable to CAAPP
17    permits shall also apply to the initial issuance of permits
18    under this paragraph.
19        d. For purposes of this Act, a permit issued by USEPA
20    under Section 505 of the Clean Air Act, as now and
21    hereafter amended, shall be deemed to be a permit issued by
22    the Agency pursuant to Section 39.5 of this Act.
 
23    4. Transition.
24        a. An owner or operator of a CAAPP source shall not be
25    required to renew an existing State operating permit for

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    Agency's proposal.
2        x. The owner or operator of a new CAAPP source shall
3    submit its complete CAAPP application consistent with this
4    subsection within 12 months after commencing operation of
5    such source. The owner or operator of an existing source
6    that has been excluded from the provisions of this Section
7    under subsection 1.1 or paragraph (c) of subsection 3(c) of
8    this Section and that becomes subject to the CAAPP solely
9    due to a change in operation at the source shall submit its
10    complete CAAPP application consistent with this subsection
11    at least 180 days before commencing operation in accordance
12    with the change in operation.
13        y. The Agency shall have the authority to adopt
14    procedural rules, in accordance with the Illinois
15    Administrative Procedure Act, as the Agency deems
16    necessary to implement this subsection.
 
17    6. Prohibitions.
18        a. It shall be unlawful for any person to violate any
19    terms or conditions of a permit issued under this Section,
20    to operate any CAAPP source except in compliance with a
21    permit issued by the Agency under this Section or to
22    violate any other applicable requirements. All terms and
23    conditions of a permit issued under this Section are
24    enforceable by USEPA and citizens under the Clean Air Act,
25    except those, if any, that are specifically designated as

 

 

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

 

 

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1    applicable monitoring, reporting, record keeping and
2    compliance certification requirements, as authorized by
3    paragraphs (d), (e), and (f) d, e, and f of this
4    subsection, that the Agency deems necessary to assure
5    compliance with the Clean Air Act, the regulations
6    promulgated thereunder, this Act, and applicable Board
7    regulations. When monitoring, reporting, record keeping,
8    and compliance certification requirements are specified
9    within the Clean Air Act, regulations promulgated
10    thereunder, this Act, or applicable regulations, such
11    requirements shall be included within the CAAPP permit. The
12    Board shall have authority to promulgate additional
13    regulations where necessary to accomplish the purposes of
14    the Clean Air Act, this Act, and regulations promulgated
15    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
8        and support information for a period of at least 5
9        years from the date of the monitoring sample,
10        measurement, report, or application. Support
11        information includes all calibration and maintenance
12        records, original strip-chart recordings for
13        continuous monitoring instrumentation, and copies of
14        all reports required by 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 5(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 of
25        the time when emission limitations were exceeded due to
26        the 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            7(j) of subsection 7 of this Section shall extend
13            to all terms and conditions under each such
14            operating 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 7(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 5(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                39.5 of the Act.
20                D. A requirement that all compliance
21            certifications be submitted to USEPA as well as to
22            the Agency.
23                E. Additional requirements as may be specified
24            pursuant to Sections 114(a)(3) and 504(b) of the
25            Clean Air Act.
26                F. Other provisions as the Agency may require.

 

 

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1        q. If the owner or operator of CAAPP source can
2    demonstrate in its CAAPP application, including an
3    application for a significant modification, that an
4    alternative emission limit would be equivalent to that
5    contained in the applicable Board regulations, the Agency
6    shall include the alternative emission limit in the CAAPP
7    permit, which shall supersede the emission limit set forth
8    in the applicable Board regulations, and shall include
9    conditions that insure that the resulting emission limit is
10    quantifiable, accountable, enforceable, and based on
11    replicable procedures.
12    8. Public Notice; Affected State Review.
13        a. The Agency shall provide notice to the public,
14    including an opportunity for public comment and a hearing,
15    on each draft CAAPP permit for issuance, renewal or
16    significant modification, subject to Section Sections 7(a)
17    and 7.1 and subsection (a) of Section 7 of this Act.
18        b. The Agency shall prepare a draft CAAPP permit and a
19    statement that sets forth the legal and factual basis for
20    the draft CAAPP permit conditions, including references to
21    the applicable statutory or regulatory provisions. The
22    Agency shall provide this statement to any person who
23    requests it.
24        c. The Agency shall give notice of each draft CAAPP
25    permit to the applicant and to any affected State on or
26    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(a) or Section
20    7.1 and subsection (a) of Section 7 of this Act, the owner
21    or operator shall submit such information separately. The
22    requirements of Section 7(a) or Section 7.1 and subsection
23    (a) of Section 7 of this Act shall apply to such
24    information, which shall not be included in a CAAPP permit
25    unless required by law. The contents of a CAAPP permit
26    shall not be entitled to protection under Section 7(a) or

 

 

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1    Section 7.1 and subsection (a) of Section 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 8(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 of receipt
3    of 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) paragraphs
17    (a)(i)-(a)(iv) of this subsection or if USEPA objects to
18    its issuance.
19        c. i. Prior to denial of a CAAPP permit, permit
20        modification, or permit renewal under this Section,
21        the Agency shall notify the applicant of the possible
22        denial and the reasons for the denial.
23            ii. Within such notice, the Agency shall specify an
24        appropriate date by which the applicant shall
25        adequately respond to the Agency's notice. Such date
26        shall not exceed 15 days from the date the notification

 

 

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

 

 

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1    permit.
2        c. CAAPP sources that would qualify for a general
3    permit must apply for coverage under the terms of the
4    general permit or must apply for a CAAPP permit consistent
5    with subsection 5 of this Section and applicable
6    regulations.
7        d. The Agency shall comply with the public comment and
8    hearing provisions of this Section as well as the USEPA and
9    affected State review procedures prior to issuance of a
10    general permit.
11        e. When granting a subsequent request by a qualifying
12    CAAPP source for coverage under the terms of a general
13    permit, the Agency shall not be required to repeat the
14    public notice and comment procedures. The granting of such
15    request shall not be considered a final permit action for
16    purposes of judicial review.
17        f. The Agency may not issue a general permit to cover
18    any discrete emission unit at a CAAPP source if another
19    CAAPP permit covers emission units at the source.
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    12. Operational Flexibility.
25        a. An owner or operator of a CAAPP source may make

 

 

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

 

 

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1            emissions, and any permit term or condition that is
2            no longer applicable as a result of the change.
3                B. The permit shield described in paragraph
4            7(j) of subsection 7 of this Section shall not
5            apply to any change made pursuant to this
6            subparagraph.
7            ii. An owner or operator of a CAAPP source may
8        trade increases and decreases in emissions in the CAAPP
9        source, where the applicable implementation plan
10        provides for such emission trades without requiring a
11        permit revision. This provision is available in those
12        cases where the permit does not already provide for
13        such emissions trading.
14                A. Under this subparagraph (a)(ii) of
15            paragraph (a) of this subsection, the written
16            notification required above shall include such
17            information as may be required by the provision in
18            the applicable implementation plan authorizing the
19            emissions trade, including at a minimum, when the
20            proposed changes will occur, a description of each
21            such change, any change in emissions, the permit
22            requirements with which the source will comply
23            using the emissions trading provisions of the
24            applicable implementation plan, and the pollutants
25            emitted subject to the emissions trade. The notice
26            shall also refer to the provisions in the

 

 

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

 

 

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

 

 

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1        including the date, any change in emissions,
2        pollutants emitted, and any applicable requirement
3        that would apply as a result of the change;
4            (iii) The change shall not qualify for the shield
5        described in paragraph 7(j) of subsection 7 of this
6        Section; and
7            (iv) The permittee shall keep a record describing
8        changes made at the source that result in emissions of
9        a regulated air pollutant subject to an applicable
10        Clean Air Act requirement, but not otherwise regulated
11        under the permit, and the emissions resulting from
12        those changes.
13        c. The Agency shall have the authority to adopt
14    procedural rules, in accordance with the Illinois
15    Administrative Procedure Act, as the Agency deems
16    necessary to implement this subsection.
 
17    13. Administrative Permit Amendments.
18        a. The Agency shall take final action on a request for
19    an administrative permit amendment within 60 days after of
20    receipt of the request. Neither notice nor an opportunity
21    for public and affected State comment shall be required for
22    the Agency to incorporate such revisions, provided it
23    designates the permit revisions as having been made
24    pursuant to this subsection.
25        b. The Agency shall submit a copy of the revised permit

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        accordance with the procedures for group processing,
2        for those modifications:
3                A. Which meet the criteria for minor permit
4            modification procedures under subparagraph
5            14(a)(i) of paragraph (a) of subsection 14 of this
6            Section; and
7                B. That collectively are below 10 percent of
8            the emissions allowed by the permit for the
9            emissions unit for which change is requested, 20
10            percent of the applicable definition of major
11            source set forth in subsection 2 of this Section,
12            or 5 tons per year, whichever is least.
13            iii. An applicant requesting the use of group
14        processing procedures shall meet the requirements of
15        subsection 5 of this Section and shall include the
16        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 5(e) of subsection 5 of
23            this Section, that the proposed modification meets
24            the criteria for use of group processing
25            procedures and a request that such procedures be
26            used.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    16. Reopenings for Cause by USEPA.
2        a. When USEPA finds that cause exists to terminate,
3    modify, or revoke and reissue a CAAPP permit pursuant to
4    subsection 15 of this Section, and thereafter notifies the
5    Agency and the permittee of such finding in writing, the
6    Agency shall forward to USEPA and the permittee a proposed
7    determination of termination, modification, or revocation
8    and reissuance as appropriate, in accordance with
9    paragraph (b) of this subsection. The Agency's proposed
10    determination shall be in accordance with the record, the
11    Clean Air Act, regulations promulgated thereunder, this
12    Act and regulations promulgated thereunder. Such proposed
13    determination shall not affect the permit or constitute a
14    final permit action for purposes of this Act or the
15    Administrative Review Law. The Agency shall forward to
16    USEPA such proposed determination within 90 days after
17    receipt of the notification from USEPA. If additional time
18    is necessary to submit the proposed determination, the
19    Agency shall request a 90-day extension from USEPA and
20    shall submit the proposed determination within 180 days
21    after of receipt of notification from USEPA.
22            b. i. Prior to the Agency's submittal to USEPA of a
23        proposed determination to terminate or revoke and
24        reissue the permit, the Agency shall file a petition
25        before the Board setting forth USEPA's objection, the
26        permit record, the Agency's proposed determination,

 

 

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1        and the justification for its proposed determination.
2        The Board shall conduct a hearing pursuant to the rules
3        prescribed by Section 32 of this Act, and the burden of
4        proof shall be on the Agency.
5            ii. After due consideration of the written and oral
6        statements, the testimony and arguments that shall be
7        submitted at hearing, the Board shall issue and enter
8        an interim order for the proposed determination, which
9        shall set forth all changes, if any, required in the
10        Agency's proposed determination. The interim order
11        shall comply with the requirements for final orders as
12        set forth in Section 33 of this Act. Issuance of an
13        interim order by the Board under this paragraph,
14        however, shall not affect the permit status and does
15        not constitute a final action for purposes of this Act
16        or the Administrative Review Law.
17            iii. The Board shall cause a copy of its interim
18        order to be served upon all parties to the proceeding
19        as well as upon USEPA. The Agency shall submit the
20        proposed determination to USEPA in accordance with the
21        Board's Interim Order within 180 days after receipt of
22        the notification from USEPA.
23        c. USEPA shall review the proposed determination to
24    terminate, modify, or revoke and reissue the permit within
25    90 days after of receipt.
26            i. When USEPA reviews the proposed determination

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        f. The designated representative of the affected
2    source for acid deposition shall renew the initial CAAPP
3    permit and Phase II acid rain permit in accordance with
4    this Section and Title V of the Clean Air Act and
5    regulations promulgated thereunder, except as modified by
6    Title IV of the Clean Air Act and regulations promulgated
7    thereunder.
8        g. In the case of an affected source for acid
9    deposition for which a complete Phase II acid rain permit
10    application and compliance plan are timely received under
11    this subsection, the complete permit application and
12    compliance plan, including amendments thereto, shall be
13    binding on the owner, operator and designated
14    representative, all affected units for acid deposition at
15    the affected source, and any other unit, as defined in
16    Section 402 of the Clean Air Act, governed by the Phase II
17    acid rain permit application and shall be enforceable as an
18    acid rain permit for purposes of Titles IV and V of the
19    Clean Air Act, from the date of submission of the acid rain
20    permit application until a Phase II acid rain permit is
21    issued or denied by the Agency.
22        h. The Agency shall not include or implement any
23    measure which would interfere with or modify the
24    requirements of Title IV of the Clean Air Act or
25    regulations promulgated thereunder.
26        i. Nothing in this Section shall be construed as

 

 

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1    affecting allowances or USEPA's decision regarding an
2    excess emissions offset plan, as set forth in Title IV of
3    the Clean Air Act or regulations promulgated thereunder.
4            i. No permit revision shall be required for
5        increases in emissions that are authorized by
6        allowances acquired pursuant to the acid rain program,
7        provided that such increases do not require a permit
8        revision under any other applicable requirement.
9            ii. No limit shall be placed on the number of
10        allowances held by the source. The source may not,
11        however, use allowances as a defense to noncompliance
12        with any other applicable requirement.
13            iii. Any such allowance shall be accounted for
14        according to the procedures established in regulations
15        promulgated under Title IV of the Clean Air Act.
16        j. To the extent that the federal regulations
17    promulgated under Title IV, including but not limited to 40
18    C.F.R. Part 72, as now or hereafter amended, are
19    inconsistent with the federal regulations promulgated
20    under Title V, the federal regulations promulgated under
21    Title IV shall take precedence.
22        k. The USEPA may intervene as a matter of right in any
23    permit appeal involving a Phase II acid rain permit
24    provision or denial of a Phase II acid rain permit.
25        l. It is unlawful for any owner or operator to violate
26    any terms or conditions of a Phase II acid rain permit

 

 

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1    issued under this subsection, to operate any affected
2    source for acid deposition except in compliance with a
3    Phase II acid rain permit issued by the Agency under this
4    subsection, or to violate any other applicable
5    requirements.
6        m. The designated representative of an affected source
7    for acid deposition shall submit to the Agency the data and
8    information submitted quarterly to USEPA, pursuant to 40
9    CFR 75.64, concurrently with the submission to USEPA. The
10    submission shall be in the same electronic format as
11    specified by USEPA.
12        n. The Agency shall act on any petition for exemption
13    of a new unit or retired unit, as those terms are defined
14    in Section 402 of the Clean Air Act, from the requirements
15    of the acid rain program in accordance with Title IV of the
16    Clean Air Act and its regulations.
17        o. The Agency shall have the authority to adopt
18    procedural rules, in accordance with the Illinois
19    Administrative Procedure Act, as the Agency deems
20    necessary to implement this subsection.
 
21    18. Fee Provisions.
22        a. A For each 12 month period after the date on which
23    the USEPA approves or conditionally approves the CAAPP, but
24    in no event prior to January 1, 1994, a source subject to
25    this Section or excluded under subsection 1.1 or paragraph

 

 

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1    (c) of subsection 3 3(c) of this Section, shall pay a fee
2    as provided in this paragraph part (a) of this subsection
3    18. However, a source that has been excluded from the
4    provisions of this Section under subsection 1.1 or under
5    paragraph (c) of subsection 3 paragraph 3(c) of this
6    Section because the source emits less than 25 tons per year
7    of any combination of regulated air pollutants, except
8    greenhouse gases, shall pay fees in accordance with
9    paragraph (1) of subsection (b) of Section 9.6.
10            i. The fee for a source allowed to emit less than
11        100 tons per year of any combination of regulated air
12        pollutants, except greenhouse gases, shall be $1,800
13        per year, and that fee shall increase, beginning
14        January 1, 2012, to $2,150 per year.
15            ii. The fee for a source allowed to emit 100 tons
16        or more per year of any combination of regulated air
17        pollutants, except greenhouse gases and for those
18        regulated air pollutants excluded in paragraph 18(f)
19        of this subsection 18, shall be as follows:
20                A. The Agency shall assess a an annual fee of
21            $18.00 per ton, per year for the allowable
22            emissions of all regulated air pollutants subject
23            to this subparagraph (ii) of paragraph (a) of
24            subsection 18, and that fee shall increase,
25            beginning January 1, 2012, to $21.50 per ton, per
26            year at that source during the term of the permit.

 

 

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1            These fees shall be used by the Agency and the
2            Board to fund the activities required by Title V of
3            the Clean Air Act including such activities as may
4            be carried out by other State or local agencies
5            pursuant to paragraph (d) of this subsection. The
6            amount of such fee shall be based on the
7            information supplied by the applicant in its
8            complete CAAPP permit application or in the CAAPP
9            permit if the permit has been granted and shall be
10            determined by the amount of emissions that the
11            source is allowed to emit annually, provided
12            however, that the maximum fee for a CAAPP permit
13            under this subparagraph (ii) of paragraph (a) of
14            subsection 18 is no source shall be required to pay
15            an annual fee in excess of $250,000, and increases,
16            beginning January 1, 2012, to $294,000. Beginning
17            January 1, 2012, the maximum fee under this
18            subparagraph (ii) of paragraph (a) of subsection
19            18 for a source that has been excluded under
20            subsection 1.1 of this Section or under paragraph
21            (c) of subsection 3 of this Section is $4,112. The
22            Agency shall provide as part of the permit
23            application form required under subsection 5 of
24            this Section a separate fee calculation form which
25            will allow the applicant to identify the allowable
26            emissions and calculate the fee for the term of the

 

 

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1            permit. In no event shall the Agency raise the
2            amount of allowable emissions requested by the
3            applicant unless such increases are required to
4            demonstrate compliance with terms of a CAAPP
5            permit.
6                Notwithstanding the above, any applicant may
7            seek a change in its permit which would result in
8            increases in allowable emissions due to an
9            increase in the hours of operation or production
10            rates of an emission unit or units and such a
11            change shall be consistent with the construction
12            permit requirements of the existing State permit
13            program, under subsection (a) of Section 39(a) of
14            this Act and applicable provisions of this
15            Section. Where a construction permit is required,
16            the Agency shall expeditiously grant such
17            construction permit and shall, if necessary,
18            modify the CAAPP permit based on the same
19            application.
20                B. The applicant or permittee may pay the fee
21            annually or semiannually for those fees greater
22            than $5,000. However, any applicant paying a fee
23            equal to or greater than $100,000 shall pay the
24            full amount on July 1, for the subsequent fiscal
25            year, or pay 50% of the fee on July 1 and the
26            remaining 50% by the next January 1. The Agency may

 

 

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1            change any annual billing date upon reasonable
2            notice, but shall prorate the new bill so that the
3            permittee or applicant does not pay more than its
4            required fees for the fee period for which payment
5            is made.
6        b. (Blank).
7        c. (Blank).
8        d. There is hereby created in the State Treasury a
9    special fund to be known as the "CAA Permit Fund". All
10    Funds collected by the Agency pursuant to this subsection
11    shall be deposited into the Fund. The General Assembly
12    shall appropriate monies from this Fund to the Agency and
13    to the Board to carry out their obligations under this
14    Section. The General Assembly may also authorize monies to
15    be granted by the Agency from this Fund to other State and
16    local agencies which perform duties related to the CAAPP.
17    Interest generated on the monies deposited in this Fund
18    shall be returned to the Fund.
19        e. 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        f. For purposes of this subsection, the term "regulated
24    air pollutant" shall have the meaning given to it under
25    subsection 1 of this Section but shall exclude the
26    following:

 

 

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1            i. carbon monoxide;
2            ii. any Class I or II substance which is a
3        regulated air pollutant solely because it is listed
4        pursuant to Section 602 of the Clean Air Act; and
5            iii. any pollutant that is a regulated air
6        pollutant solely because it is subject to a standard or
7        regulation under Section 112(r) of the Clean Air Act
8        based on the emissions allowed in the permit effective
9        in that calendar year, at the time the applicable bill
10        is generated.
 
11    19. Air Toxics Provisions.
12        a. In the event that the USEPA fails to promulgate in a
13    timely manner a standard pursuant to Section 112(d) of the
14    Clean Air Act, the Agency shall have the authority to issue
15    permits, pursuant to Section 112(j) of the Clean Air Act
16    and regulations promulgated thereunder, which contain
17    emission limitations which are equivalent to the emission
18    limitations that would apply to a source if an emission
19    standard had been promulgated in a timely manner by USEPA
20    pursuant to Section 112(d). Provided, however, that the
21    owner or operator of a source shall have the opportunity to
22    submit to the Agency a proposed emission limitation which
23    it determines to be equivalent to t