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1 | AN ACT concerning safety.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Administrative Procedure Act is | ||||||
5 | amended by changing Sections 1-5 and 1-70 as follows:
| ||||||
6 | (5 ILCS 100/1-5) (from Ch. 127, par. 1001-5)
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7 | Sec. 1-5. Applicability.
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8 | (a) This Act applies to every agency as defined in this | ||||||
9 | Act.
Beginning January 1, 1978, in case of conflict between the | ||||||
10 | provisions of
this Act and the Act creating or conferring power | ||||||
11 | on an agency, this Act
shall control. If, however, an agency | ||||||
12 | (or its predecessor in the case of
an agency that has been | ||||||
13 | consolidated or reorganized) has existing procedures
on July 1, | ||||||
14 | 1977, specifically for contested cases or licensing, those | ||||||
15 | existing
provisions control, except that this exception | ||||||
16 | respecting contested
cases and licensing does not apply if the | ||||||
17 | Act creating or conferring
power on the agency adopts by | ||||||
18 | express reference the provisions of this
Act. Where the Act | ||||||
19 | creating or conferring power on an agency
establishes | ||||||
20 | administrative procedures not covered by this Act, those
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21 | procedures shall remain in effect.
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22 | (b) The provisions of this Act do not apply to (i) | ||||||
23 | preliminary
hearings, investigations, or practices where no |
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1 | final determinations
affecting State funding are made by the | ||||||
2 | State Board of Education, (ii) legal
opinions issued under | ||||||
3 | Section 2-3.7 of the School Code, (iii) as to State
colleges | ||||||
4 | and universities, their disciplinary and grievance | ||||||
5 | proceedings,
academic irregularity and capricious grading | ||||||
6 | proceedings, and admission
standards and procedures, and (iv) | ||||||
7 | the class specifications for positions
and individual position | ||||||
8 | descriptions prepared and maintained under the
Personnel Code. | ||||||
9 | Those class specifications shall, however, be made
reasonably | ||||||
10 | available to the public for inspection and copying. The
| ||||||
11 | provisions of this Act do not apply to hearings under Section | ||||||
12 | 20 of the
Uniform Disposition of Unclaimed Property Act.
| ||||||
13 | (c) Section 5-35 of this Act relating to procedures for | ||||||
14 | rulemaking
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 | ||||||
23 | Code
shall be amended or repealed pursuant to the process set | ||||||
24 | forth in Section
5-50 within 30 days after it becomes necessary | ||||||
25 | to do so due to a conflict
between the rates and the terms of a | ||||||
26 | collective bargaining agreement
covering the compensation of |
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1 | an employee subject to that Code.
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2 | (e) Section 10-45 of this Act shall not apply to any | ||||||
3 | hearing, proceeding,
or investigation conducted under Section | ||||||
4 | 13-515 of the Public Utilities Act.
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5 | (f) Article 10 of this Act does not apply to any hearing, | ||||||
6 | proceeding, or
investigation conducted by the State Council for | ||||||
7 | the State of Illinois created
under Section 3-3-11.05 of the | ||||||
8 | Unified Code of Corrections or by the Interstate
Commission for | ||||||
9 | Adult Offender Supervision created under the
Interstate | ||||||
10 | Compact for Adult Offender Supervision or by the Interstate | ||||||
11 | Commission for Juveniles created under the Interstate Compact | ||||||
12 | for Juveniles.
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13 | (g) This Act is subject to the provisions of Article XXI of
| ||||||
14 | the Public Utilities Act. To the extent that any provision of
| ||||||
15 | this Act conflicts with the provisions of that Article XXI, the
| ||||||
16 | provisions of that Article XXI control.
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17 | (Source: P.A. 95-9, eff. 6-30-07; 95-331, eff. 8-21-07; 95-937, | ||||||
18 | eff. 8-26-08.)
| ||||||
19 | (5 ILCS 100/1-70) (from Ch. 127, par. 1001-70)
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20 | Sec. 1-70.
"Rule" means each agency statement of general | ||||||
21 | applicability
that implements, applies, interprets, or | ||||||
22 | prescribes law or policy, but does
not include (i) statements | ||||||
23 | concerning only the internal management of an
agency and not | ||||||
24 | affecting private rights or procedures available to persons
or | ||||||
25 | entities outside the agency, (ii) informal advisory rulings |
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1 | issued under
Section 5-150, (iii) intra-agency memoranda, (iv) | ||||||
2 | the prescription of
standardized forms, or (v) documents | ||||||
3 | prepared or filed or actions taken
by the Legislative Reference | ||||||
4 | Bureau under Section 5.04 of the Legislative
Reference Bureau | ||||||
5 | Act , or (vi) guidance documents prepared by the Illinois | ||||||
6 | Environmental Protection Agency under subsection (s) of | ||||||
7 | Section 39 of the Environmental Protection Act .
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8 | (Source: P.A. 87-823; 87-1005.)
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9 | Section 10. The Use Tax Act is amended by changing Section | ||||||
10 | 9 as follows: | ||||||
11 | (35 ILCS 105/9) (from Ch. 120, par. 439.9) | ||||||
12 | Sec. 9. Except as to motor vehicles, watercraft, aircraft, | ||||||
13 | and
trailers that are required to be registered with an agency | ||||||
14 | of this State,
each retailer
required or authorized to collect | ||||||
15 | the tax imposed by this Act shall pay
to the Department the | ||||||
16 | amount of such tax (except as otherwise provided)
at the time | ||||||
17 | when he is required to file his return for the period during
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18 | which such tax was collected, less a discount of 2.1% prior to
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19 | January 1, 1990, and 1.75% on and after January 1, 1990, or $5 | ||||||
20 | per calendar
year, whichever is greater, which is allowed to | ||||||
21 | reimburse the retailer
for expenses incurred in collecting the | ||||||
22 | tax, keeping records, preparing
and filing returns, remitting | ||||||
23 | the tax and supplying data to the
Department on request. In the | ||||||
24 | case of retailers who report and pay the
tax on a transaction |
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1 | by transaction basis, as provided in this Section,
such | ||||||
2 | discount shall be taken with each such tax remittance instead | ||||||
3 | of
when such retailer files his periodic return. A retailer | ||||||
4 | need not remit
that part of any tax collected by him to the | ||||||
5 | extent that he is required
to remit and does remit the tax | ||||||
6 | imposed by the Retailers' Occupation
Tax Act, with respect to | ||||||
7 | the sale of the same property. | ||||||
8 | Where such tangible personal property is sold under a | ||||||
9 | conditional
sales contract, or under any other form of sale | ||||||
10 | wherein the payment of
the principal sum, or a part thereof, is | ||||||
11 | extended beyond the close of
the period for which the return is | ||||||
12 | filed, the retailer, in collecting
the tax (except as to motor | ||||||
13 | vehicles, watercraft, aircraft, and
trailers that are required | ||||||
14 | to be registered with an agency of this State),
may collect for | ||||||
15 | each
tax return period, only the tax applicable to that part of | ||||||
16 | the selling
price actually received during such tax return | ||||||
17 | period. | ||||||
18 | Except as provided in this Section, on or before the | ||||||
19 | twentieth day of each
calendar month, such retailer shall file | ||||||
20 | a return for the preceding
calendar month. Such return shall be | ||||||
21 | filed on forms prescribed by the
Department and shall furnish | ||||||
22 | such information as the Department may
reasonably require. | ||||||
23 | The Department may require returns to be filed on a | ||||||
24 | quarterly basis.
If so required, a return for each calendar | ||||||
25 | quarter shall be filed on or
before the twentieth day of the | ||||||
26 | calendar month following the end of such
calendar quarter. The |
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1 | taxpayer shall also file a return with the
Department for each | ||||||
2 | of the first two months of each calendar quarter, on or
before | ||||||
3 | the 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 | ||||||
20 | the proper notice
and demand for signature by the Department, | ||||||
21 | the return shall be considered
valid and any amount shown to be | ||||||
22 | due on the return shall be deemed assessed. | ||||||
23 | Beginning October 1, 1993, a taxpayer who has an average | ||||||
24 | monthly tax
liability of $150,000 or more shall make all | ||||||
25 | payments required by rules of the
Department by electronic | ||||||
26 | funds transfer. Beginning October 1, 1994, a taxpayer
who has |
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1 | an average monthly tax liability of $100,000 or more shall make | ||||||
2 | all
payments required by rules of the Department by electronic | ||||||
3 | funds transfer.
Beginning October 1, 1995, a taxpayer who has | ||||||
4 | an average monthly tax liability
of $50,000 or more shall make | ||||||
5 | all payments required by rules of the Department
by electronic | ||||||
6 | funds transfer. Beginning October 1, 2000, a taxpayer who has
| ||||||
7 | an annual tax liability of $200,000 or more shall make all | ||||||
8 | payments required by
rules of the Department by electronic | ||||||
9 | funds transfer. The term "annual tax
liability" shall be the | ||||||
10 | sum of the taxpayer's liabilities under this Act, and
under all | ||||||
11 | other State and local occupation and use tax laws administered | ||||||
12 | by the
Department, for the immediately preceding calendar year. | ||||||
13 | The term "average
monthly tax liability" means
the sum of the | ||||||
14 | taxpayer's liabilities under this Act, and under all other | ||||||
15 | State
and local occupation and use tax laws administered by the | ||||||
16 | Department, for the
immediately preceding calendar year | ||||||
17 | divided by 12.
Beginning on October 1, 2002, a taxpayer who has | ||||||
18 | a tax liability in the
amount set forth in subsection (b) of | ||||||
19 | Section 2505-210 of the Department of
Revenue Law shall make | ||||||
20 | all payments required by rules of the Department by
electronic | ||||||
21 | funds transfer. | ||||||
22 | Before August 1 of each year beginning in 1993, the | ||||||
23 | Department shall notify
all taxpayers required to make payments | ||||||
24 | by electronic funds transfer. All
taxpayers required to make | ||||||
25 | payments by electronic funds transfer shall make
those payments | ||||||
26 | for a minimum of one year beginning on October 1. |
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1 | Any taxpayer not required to make payments by electronic | ||||||
2 | funds transfer may
make payments by electronic funds transfer | ||||||
3 | with the permission of the
Department. | ||||||
4 | All taxpayers required to make payment by electronic funds | ||||||
5 | transfer and any
taxpayers authorized to voluntarily make | ||||||
6 | payments by electronic funds transfer
shall make those payments | ||||||
7 | in the manner authorized by the Department. | ||||||
8 | The Department shall adopt such rules as are necessary to | ||||||
9 | effectuate a
program of electronic funds transfer and the | ||||||
10 | requirements of this Section. | ||||||
11 | Before October 1, 2000, if the taxpayer's average monthly | ||||||
12 | tax liability
to the Department
under this Act, the Retailers' | ||||||
13 | Occupation Tax Act, the Service
Occupation Tax Act, the Service | ||||||
14 | Use Tax Act was $10,000 or more
during
the preceding 4 complete | ||||||
15 | calendar quarters, he shall file a return with the
Department | ||||||
16 | each month by the 20th day of the month next following the | ||||||
17 | month
during which such tax liability is incurred and shall | ||||||
18 | make payments to the
Department on or before the 7th, 15th, | ||||||
19 | 22nd and last day of the month
during which such liability is | ||||||
20 | incurred.
On and after October 1, 2000, if the taxpayer's | ||||||
21 | average monthly tax liability
to the Department under this Act, | ||||||
22 | the Retailers' Occupation Tax Act,
the
Service Occupation Tax | ||||||
23 | Act, and the Service Use Tax Act was $20,000 or more
during the | ||||||
24 | preceding 4 complete calendar quarters, he shall file a return | ||||||
25 | with
the Department each month by the 20th day of the month | ||||||
26 | next following the month
during which such tax liability is |
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1 | incurred and shall make payment to the
Department on or before | ||||||
2 | the 7th, 15th, 22nd and last day of the
month during
which such | ||||||
3 | liability is incurred.
If the month during which such tax
| ||||||
4 | liability is incurred began prior to January 1, 1985, each | ||||||
5 | payment shall be
in an amount equal to 1/4 of the taxpayer's
| ||||||
6 | actual liability for the month or an amount set by the | ||||||
7 | Department not to
exceed 1/4 of the average monthly liability | ||||||
8 | of the taxpayer to the
Department for the preceding 4 complete | ||||||
9 | calendar quarters (excluding the
month of highest liability and | ||||||
10 | the month of lowest liability in such 4
quarter period). If the | ||||||
11 | month during which such tax liability is incurred
begins on or | ||||||
12 | after January 1, 1985, and prior to January 1, 1987, each
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13 | payment shall be in an amount equal to 22.5% of the taxpayer's | ||||||
14 | actual liability
for the month or 27.5% of the taxpayer's | ||||||
15 | liability for the same calendar
month of the preceding year. If | ||||||
16 | the month during which such tax liability
is incurred begins on | ||||||
17 | or after January 1, 1987, and prior to January 1,
1988, each | ||||||
18 | payment shall be in an amount equal to 22.5% of the taxpayer's
| ||||||
19 | actual liability for the month or 26.25% of the taxpayer's | ||||||
20 | liability for
the same calendar month of the preceding year. If | ||||||
21 | the month during which such
tax liability is incurred begins on | ||||||
22 | or after January 1, 1988, and prior to
January 1, 1989,
or | ||||||
23 | begins on or after January 1, 1996, each payment shall be in an | ||||||
24 | amount equal
to 22.5% of the taxpayer's actual liability for | ||||||
25 | the month or 25% of the
taxpayer's liability for the same | ||||||
26 | calendar month of the preceding year. If the
month during which |
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1 | such tax liability is incurred begins on or after January 1,
| ||||||
2 | 1989,
and prior to January 1, 1996, each payment shall be in an | ||||||
3 | amount equal to 22.5%
of the taxpayer's actual liability for | ||||||
4 | the month or 25% of the taxpayer's
liability for the same | ||||||
5 | calendar month of the preceding year or 100% of the
taxpayer's | ||||||
6 | actual liability for the quarter monthly reporting period. The
| ||||||
7 | amount of such quarter monthly payments shall be credited | ||||||
8 | against the final tax
liability
of the taxpayer's return for | ||||||
9 | that month. Before October 1, 2000, once
applicable, the | ||||||
10 | requirement
of the making of quarter monthly payments to the | ||||||
11 | Department shall continue
until such taxpayer's average | ||||||
12 | monthly liability to the Department during
the preceding 4 | ||||||
13 | complete calendar quarters (excluding the month of highest
| ||||||
14 | liability and the month of lowest liability) is less than
| ||||||
15 | $9,000, or until
such taxpayer's average monthly liability to | ||||||
16 | the Department as computed for
each calendar quarter of the 4 | ||||||
17 | preceding complete calendar quarter period
is less than | ||||||
18 | $10,000. However, if a taxpayer can show the
Department that
a | ||||||
19 | substantial change in the taxpayer's business has occurred | ||||||
20 | which causes
the taxpayer to anticipate that his average | ||||||
21 | monthly tax liability for the
reasonably foreseeable future | ||||||
22 | will fall below the $10,000 threshold
stated above, then
such | ||||||
23 | taxpayer
may petition the Department for change in such | ||||||
24 | taxpayer's reporting status.
On and after October 1, 2000, once | ||||||
25 | applicable, the requirement of the making
of quarter monthly | ||||||
26 | payments to the Department shall continue until such
taxpayer's |
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| |||||||
1 | average monthly liability to the Department during the | ||||||
2 | preceding 4
complete calendar quarters (excluding the month of | ||||||
3 | highest liability and the
month of lowest liability) is less | ||||||
4 | than $19,000 or until such taxpayer's
average monthly liability | ||||||
5 | to the Department as computed for each calendar
quarter of the | ||||||
6 | 4 preceding complete calendar quarter period is less than
| ||||||
7 | $20,000. However, if a taxpayer can show the Department that a | ||||||
8 | substantial
change in the taxpayer's business has occurred | ||||||
9 | which causes the taxpayer to
anticipate that his average | ||||||
10 | monthly tax liability for the reasonably
foreseeable future | ||||||
11 | will fall below the $20,000 threshold stated above, then
such | ||||||
12 | taxpayer may petition the Department for a change in such | ||||||
13 | taxpayer's
reporting status.
The Department shall change such | ||||||
14 | taxpayer's reporting status unless it
finds that such change is | ||||||
15 | seasonal in nature and not likely to be long
term. If any such | ||||||
16 | quarter monthly payment is not paid at the time or in
the | ||||||
17 | amount required by this Section, then the taxpayer shall be | ||||||
18 | liable for
penalties and interest on
the difference between the | ||||||
19 | minimum amount due and the amount of such
quarter monthly | ||||||
20 | payment actually and timely paid, except insofar as the
| ||||||
21 | taxpayer has previously made payments for that month to the | ||||||
22 | Department in
excess of the minimum payments previously due as | ||||||
23 | provided in this Section.
The Department shall make reasonable | ||||||
24 | rules and regulations to govern the
quarter monthly payment | ||||||
25 | amount and quarter monthly payment dates for
taxpayers who file | ||||||
26 | on other than a calendar monthly basis. |
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| |||||||
1 | If any such payment provided for in this Section exceeds | ||||||
2 | the taxpayer's
liabilities under this Act, the Retailers' | ||||||
3 | Occupation Tax Act, the Service
Occupation Tax Act and the | ||||||
4 | Service Use Tax Act, as shown by an original
monthly return, | ||||||
5 | the Department shall issue to the taxpayer a credit
memorandum | ||||||
6 | no later than 30 days after the date of payment, which
| ||||||
7 | memorandum may be submitted by the taxpayer to the Department | ||||||
8 | in payment of
tax liability subsequently to be remitted by the | ||||||
9 | taxpayer to the Department
or be assigned by the taxpayer to a | ||||||
10 | similar taxpayer under this Act, the
Retailers' Occupation Tax | ||||||
11 | Act, the Service Occupation Tax Act or the
Service Use Tax Act, | ||||||
12 | in accordance with reasonable rules and regulations to
be | ||||||
13 | prescribed by the Department, except that if such excess | ||||||
14 | payment is
shown on an original monthly return and is made | ||||||
15 | after December 31, 1986, no
credit memorandum shall be issued, | ||||||
16 | unless requested by the taxpayer. If no
such request is made, | ||||||
17 | the taxpayer may credit such excess payment against
tax | ||||||
18 | liability subsequently to be remitted by the taxpayer to the | ||||||
19 | Department
under this Act, the Retailers' Occupation Tax Act, | ||||||
20 | the Service Occupation
Tax Act or the Service Use Tax Act, in | ||||||
21 | accordance with reasonable rules and
regulations prescribed by | ||||||
22 | the Department. If the Department subsequently
determines that | ||||||
23 | all or any part of the credit taken was not actually due to
the | ||||||
24 | taxpayer, the taxpayer's 2.1% or 1.75% vendor's discount shall | ||||||
25 | be
reduced by 2.1% or 1.75% of the difference between the | ||||||
26 | credit taken and
that actually due, and the taxpayer shall be |
| |||||||
| |||||||
1 | liable for penalties and
interest on such difference. | ||||||
2 | If the retailer is otherwise required to file a monthly | ||||||
3 | return and if the
retailer's average monthly tax liability to | ||||||
4 | the Department
does not exceed $200, the Department may | ||||||
5 | authorize his returns to be
filed on a quarter annual basis, | ||||||
6 | with the return for January, February,
and March of a given | ||||||
7 | year being due by April 20 of such year; with the
return for | ||||||
8 | April, May and June of a given year being due by July 20 of
such | ||||||
9 | year; with the return for July, August and September of a given
| ||||||
10 | year being due by October 20 of such year, and with the return | ||||||
11 | for
October, November and December of a given year being due by | ||||||
12 | January 20
of the following year. | ||||||
13 | If the retailer is otherwise required to file a monthly or | ||||||
14 | quarterly
return and if the retailer's average monthly tax | ||||||
15 | liability to the
Department does not exceed $50, the Department | ||||||
16 | may authorize his returns to
be filed on an annual basis, with | ||||||
17 | the return for a given year being due by
January 20 of the | ||||||
18 | following year. | ||||||
19 | Such quarter annual and annual returns, as to form and | ||||||
20 | substance,
shall be subject to the same requirements as monthly | ||||||
21 | returns. | ||||||
22 | Notwithstanding any other provision in this Act concerning | ||||||
23 | the time
within which a retailer may file his return, in the | ||||||
24 | case of any retailer
who ceases to engage in a kind of business | ||||||
25 | which makes him responsible
for filing returns under this Act, | ||||||
26 | such retailer shall file a final
return under this Act with the |
| |||||||
| |||||||
1 | Department not more than one month after
discontinuing such | ||||||
2 | business. | ||||||
3 | In addition, with respect to motor vehicles, watercraft,
| ||||||
4 | aircraft, and trailers that are required to be registered with | ||||||
5 | an agency of
this State, every
retailer selling this kind of | ||||||
6 | tangible personal property shall file,
with the Department, | ||||||
7 | upon a form to be prescribed and supplied by the
Department, a | ||||||
8 | separate return for each such item of tangible personal
| ||||||
9 | property which the retailer sells, except that if, in the same
| ||||||
10 | transaction, (i) a retailer of aircraft, watercraft, motor | ||||||
11 | vehicles or
trailers transfers more than
one aircraft, | ||||||
12 | watercraft, motor
vehicle or trailer to another aircraft, | ||||||
13 | watercraft, motor vehicle or
trailer retailer for the purpose | ||||||
14 | of resale
or (ii) a retailer of aircraft, watercraft, motor | ||||||
15 | vehicles, or trailers
transfers more than one aircraft, | ||||||
16 | watercraft, motor vehicle, or trailer to a
purchaser for use as | ||||||
17 | a qualifying rolling stock as provided in Section 3-55 of
this | ||||||
18 | Act, then
that seller may report the transfer of all the
| ||||||
19 | aircraft, watercraft, motor
vehicles
or trailers involved in | ||||||
20 | that transaction to the Department on the same
uniform
| ||||||
21 | invoice-transaction reporting return form.
For purposes of | ||||||
22 | this Section, "watercraft" means a Class 2, Class 3, or
Class
4 | ||||||
23 | watercraft as defined in Section 3-2 of the Boat Registration | ||||||
24 | and Safety Act,
a
personal watercraft, or any boat equipped | ||||||
25 | with an inboard motor. | ||||||
26 | The transaction reporting return in the case of motor |
| |||||||
| |||||||
1 | vehicles
or trailers that are required to be registered with an | ||||||
2 | agency of this
State, shall
be the same document as the Uniform | ||||||
3 | Invoice referred to in Section 5-402
of the Illinois Vehicle | ||||||
4 | Code and must show the name and address of the
seller; the name | ||||||
5 | and address of the purchaser; the amount of the selling
price | ||||||
6 | including the amount allowed by the retailer for traded-in
| ||||||
7 | property, if any; the amount allowed by the retailer for the | ||||||
8 | traded-in
tangible personal property, if any, to the extent to | ||||||
9 | which Section 2 of
this Act allows an exemption for the value | ||||||
10 | of traded-in property; the
balance payable after deducting such | ||||||
11 | trade-in allowance from the total
selling price; the amount of | ||||||
12 | tax due from the retailer with respect to
such transaction; the | ||||||
13 | amount of tax collected from the purchaser by the
retailer on | ||||||
14 | such transaction (or satisfactory evidence that such tax is
not | ||||||
15 | due in that particular instance, if that is claimed to be the | ||||||
16 | fact);
the place and date of the sale; a sufficient | ||||||
17 | identification of the
property sold; such other information as | ||||||
18 | is required in Section 5-402 of
the Illinois Vehicle Code, and | ||||||
19 | such other information as the Department
may reasonably | ||||||
20 | require. | ||||||
21 | The transaction reporting return in the case of watercraft
| ||||||
22 | and aircraft must show
the name and address of the seller; the | ||||||
23 | name and address of the
purchaser; the amount of the selling | ||||||
24 | price including the amount allowed
by the retailer for | ||||||
25 | traded-in property, if any; the amount allowed by
the retailer | ||||||
26 | for the traded-in tangible personal property, if any, to
the |
| |||||||
| |||||||
1 | extent to which Section 2 of this Act allows an exemption for | ||||||
2 | the
value of traded-in property; the balance payable after | ||||||
3 | deducting such
trade-in allowance from the total selling price; | ||||||
4 | the amount of tax due
from the retailer with respect to such | ||||||
5 | transaction; the amount of tax
collected from the purchaser by | ||||||
6 | the retailer on such transaction (or
satisfactory evidence that | ||||||
7 | such tax is not due in that particular
instance, if that is | ||||||
8 | claimed to be the fact); the place and date of the
sale, a | ||||||
9 | sufficient identification of the property sold, and such other
| ||||||
10 | information as the Department may reasonably require. | ||||||
11 | Such transaction reporting return shall be filed not later | ||||||
12 | than 20
days after the date of delivery of the item that is | ||||||
13 | being sold, but may
be filed by the retailer at any time sooner | ||||||
14 | than that if he chooses to
do so. The transaction reporting | ||||||
15 | return and tax remittance or proof of
exemption from the tax | ||||||
16 | that is imposed by this Act may be transmitted to
the | ||||||
17 | Department by way of the State agency with which, or State | ||||||
18 | officer
with whom, the tangible personal property must be | ||||||
19 | titled or registered
(if titling or registration is required) | ||||||
20 | if the Department and such
agency or State officer determine | ||||||
21 | that this procedure will expedite the
processing of | ||||||
22 | applications for title or registration. | ||||||
23 | With each such transaction reporting return, the retailer | ||||||
24 | shall remit
the proper amount of tax due (or shall submit | ||||||
25 | satisfactory evidence that
the sale is not taxable if that is | ||||||
26 | the case), to the Department or its
agents, whereupon the |
| |||||||
| |||||||
1 | Department shall issue, in the purchaser's name, a
tax receipt | ||||||
2 | (or a certificate of exemption if the Department is
satisfied | ||||||
3 | that the particular sale is tax exempt) which such purchaser
| ||||||
4 | may submit to the agency with which, or State officer with | ||||||
5 | whom, he must
title or register the tangible personal property | ||||||
6 | that is involved (if
titling or registration is required) in | ||||||
7 | support of such purchaser's
application for an Illinois | ||||||
8 | certificate or other evidence of title or
registration to such | ||||||
9 | tangible personal property. | ||||||
10 | No retailer's failure or refusal to remit tax under this | ||||||
11 | Act
precludes a user, who has paid the proper tax to the | ||||||
12 | retailer, from
obtaining his certificate of title or other | ||||||
13 | evidence of title or
registration (if titling or registration | ||||||
14 | is required) upon satisfying
the Department that such user has | ||||||
15 | paid the proper tax (if tax is due) to
the retailer. The | ||||||
16 | Department shall adopt appropriate rules to carry out
the | ||||||
17 | mandate of this paragraph. | ||||||
18 | If the user who would otherwise pay tax to the retailer | ||||||
19 | wants the
transaction reporting return filed and the payment of | ||||||
20 | tax or proof of
exemption made to the Department before the | ||||||
21 | retailer is willing to take
these actions and such user has not | ||||||
22 | paid the tax to the retailer, such
user may certify to the fact | ||||||
23 | of such delay by the retailer, and may
(upon the Department | ||||||
24 | being satisfied of the truth of such certification)
transmit | ||||||
25 | the information required by the transaction reporting return
| ||||||
26 | and the remittance for tax or proof of exemption directly to |
| |||||||
| |||||||
1 | the
Department and obtain his tax receipt or exemption | ||||||
2 | determination, in
which event the transaction reporting return | ||||||
3 | and tax remittance (if a
tax payment was required) shall be | ||||||
4 | credited by the Department to the
proper retailer's account | ||||||
5 | with the Department, but without the 2.1% or 1.75%
discount | ||||||
6 | provided for in this Section being allowed. When the user pays
| ||||||
7 | the tax directly to the Department, he shall pay the tax in the | ||||||
8 | same
amount and in the same form in which it would be remitted | ||||||
9 | if the tax had
been remitted to the Department by the retailer. | ||||||
10 | Where a retailer collects the tax with respect to the | ||||||
11 | selling price
of tangible personal property which he sells and | ||||||
12 | the purchaser
thereafter returns such tangible personal | ||||||
13 | property and the retailer
refunds the selling price thereof to | ||||||
14 | the purchaser, such retailer shall
also refund, to the | ||||||
15 | purchaser, the tax so collected from the purchaser.
When filing | ||||||
16 | his return for the period in which he refunds such tax to
the | ||||||
17 | purchaser, the retailer may deduct the amount of the tax so | ||||||
18 | refunded
by him to the purchaser from any other use tax which | ||||||
19 | such retailer may
be required to pay or remit to the | ||||||
20 | Department, as shown by such return,
if the amount of the tax | ||||||
21 | to be deducted was previously remitted to the
Department by | ||||||
22 | such retailer. If the retailer has not previously
remitted the | ||||||
23 | amount of such tax to the Department, he is entitled to no
| ||||||
24 | deduction under this Act upon refunding such tax to the | ||||||
25 | purchaser. | ||||||
26 | Any retailer filing a return under this Section shall also |
| |||||||
| |||||||
1 | include
(for the purpose of paying tax thereon) the total tax | ||||||
2 | covered by such
return upon the selling price of tangible | ||||||
3 | personal property purchased by
him at retail from a retailer, | ||||||
4 | but as to which the tax imposed by this
Act was not collected | ||||||
5 | from the retailer filing such return, and such
retailer shall | ||||||
6 | remit the amount of such tax to the Department when
filing such | ||||||
7 | return. | ||||||
8 | If experience indicates such action to be practicable, the | ||||||
9 | Department
may prescribe and furnish a combination or joint | ||||||
10 | return which will
enable retailers, who are required to file | ||||||
11 | returns hereunder and also
under the Retailers' Occupation Tax | ||||||
12 | Act, to furnish all the return
information required by both | ||||||
13 | Acts on the one form. | ||||||
14 | Where the retailer has more than one business registered | ||||||
15 | with the
Department under separate registration under this Act, | ||||||
16 | such retailer may
not file each return that is due as a single | ||||||
17 | return covering all such
registered businesses, but shall file | ||||||
18 | separate returns for each such
registered business. | ||||||
19 | Beginning January 1, 1990, each month the Department shall | ||||||
20 | pay into the
State and Local Sales Tax Reform Fund, a special | ||||||
21 | fund in the State Treasury
which is hereby created, the net | ||||||
22 | revenue realized for the preceding month
from the 1% tax on | ||||||
23 | sales of food for human consumption which is to be
consumed off | ||||||
24 | the premises where it is sold (other than alcoholic beverages,
| ||||||
25 | soft drinks and food which has been prepared for immediate | ||||||
26 | consumption) and
prescription and nonprescription medicines, |
| |||||||
| |||||||
1 | drugs, medical appliances and
insulin, urine testing | ||||||
2 | materials, syringes and needles used by diabetics. | ||||||
3 | Beginning January 1, 1990, each month the Department shall | ||||||
4 | pay into
the County and Mass Transit District Fund 4% of the | ||||||
5 | net revenue realized
for the preceding month from the 6.25% | ||||||
6 | general rate
on the selling price of tangible personal property | ||||||
7 | which is purchased
outside Illinois at retail from a retailer | ||||||
8 | and which is titled or
registered by an agency of this State's | ||||||
9 | government. | ||||||
10 | Beginning January 1, 1990, each month the Department shall | ||||||
11 | pay into
the State and Local Sales Tax Reform Fund, a special | ||||||
12 | fund in the State
Treasury, 20% of the net revenue realized
for | ||||||
13 | the preceding month from the 6.25% general rate on the selling
| ||||||
14 | price of tangible personal property, other than tangible | ||||||
15 | personal property
which is purchased outside Illinois at retail | ||||||
16 | from a retailer and which is
titled or registered by an agency | ||||||
17 | of this State's government. | ||||||
18 | Beginning August 1, 2000, each
month the Department shall | ||||||
19 | pay into the
State and Local Sales Tax Reform Fund 100% of the | ||||||
20 | net revenue realized for the
preceding month from the 1.25% | ||||||
21 | rate on the selling price of motor fuel and
gasohol. Beginning | ||||||
22 | September 1, 2010, each
month the Department shall pay into the
| ||||||
23 | State and Local Sales Tax Reform Fund 100% of the net revenue | ||||||
24 | realized for the
preceding month from the 1.25% rate on the | ||||||
25 | selling price of sales tax holiday items. | ||||||
26 | Beginning January 1, 1990, each month the Department shall |
| |||||||
| |||||||
1 | pay into
the Local Government Tax Fund 16% of the net revenue | ||||||
2 | realized for the
preceding month from the 6.25% general rate on | ||||||
3 | the selling price of
tangible personal property which is | ||||||
4 | purchased outside Illinois at retail
from a retailer and which | ||||||
5 | is titled or registered by an agency of this
State's | ||||||
6 | government. | ||||||
7 | Beginning October 1, 2009, each month the Department shall | ||||||
8 | pay into the Capital Projects Fund an amount that is equal to | ||||||
9 | an amount estimated by the Department to represent 80% of the | ||||||
10 | net revenue realized for the preceding month from the sale of | ||||||
11 | candy, grooming and hygiene products, and soft drinks that had | ||||||
12 | been taxed at a rate of 1% prior to September 1, 2009 but that | ||||||
13 | is now taxed at 6.25%. | ||||||
14 | Beginning July 1, 2011, each
month the Department shall pay | ||||||
15 | into the Clean Air Act (CAA) Permit Fund 80% of the net revenue | ||||||
16 | realized for the
preceding month from the 6.25% general rate on | ||||||
17 | the selling price of sorbents used in Illinois in the process | ||||||
18 | of sorbent injection as used to comply with the Environmental | ||||||
19 | Protection Act or the federal Clean Air Act, but the total | ||||||
20 | payment into the Clean Air Act (CAA) Permit Fund under this Act | ||||||
21 | and 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 | ||||||
24 | pursuant to
this Act, (a) 1.75% thereof shall be paid
into the | ||||||
25 | Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and
on | ||||||
26 | and after July 1, 1989, 3.8% thereof shall be paid into the
|
| |||||||
| |||||||
1 | Build Illinois Fund; provided, however, that if in any fiscal | ||||||
2 | year the
sum of (1) the aggregate of 2.2% or 3.8%, as the case | ||||||
3 | may be, of the
moneys received by the Department and required | ||||||
4 | to be paid into the Build
Illinois Fund pursuant to Section 3 | ||||||
5 | of the Retailers' Occupation Tax Act,
Section 9 of the Use Tax | ||||||
6 | Act, Section 9 of the Service Use
Tax Act, and Section 9 of the | ||||||
7 | Service Occupation Tax Act, such Acts being
hereinafter called | ||||||
8 | the "Tax Acts" and such aggregate of 2.2% or 3.8%, as
the case | ||||||
9 | may be, of moneys being hereinafter called the "Tax Act | ||||||
10 | Amount",
and (2) the amount transferred to the Build Illinois | ||||||
11 | Fund from the State
and Local Sales Tax Reform Fund shall be | ||||||
12 | less than the Annual Specified
Amount (as defined in Section 3 | ||||||
13 | of the Retailers' Occupation Tax Act), an
amount equal to the | ||||||
14 | difference shall be immediately paid into the Build
Illinois | ||||||
15 | Fund from other moneys received by the Department pursuant to | ||||||
16 | the
Tax Acts; and further provided, that if on the last | ||||||
17 | business day of any
month the sum of (1) the Tax Act Amount | ||||||
18 | required to be deposited into the
Build Illinois Bond Account | ||||||
19 | in the Build Illinois Fund during such month
and (2) the amount | ||||||
20 | transferred during such month to the Build Illinois Fund
from | ||||||
21 | the State and Local Sales Tax Reform Fund shall have been less | ||||||
22 | than
1/12 of the Annual Specified Amount, an amount equal to | ||||||
23 | the difference
shall be immediately paid into the Build | ||||||
24 | Illinois Fund from other moneys
received by the Department | ||||||
25 | pursuant to the Tax Acts; and,
further provided, that in no | ||||||
26 | event shall the payments required under the
preceding proviso |
| |||||||
| |||||||
1 | result in aggregate payments into the Build Illinois Fund
| ||||||
2 | pursuant to this clause (b) for any fiscal year in excess of | ||||||
3 | the greater
of (i) the Tax Act Amount or (ii) the Annual | ||||||
4 | Specified Amount for such
fiscal year; and, further provided, | ||||||
5 | that the amounts payable into the Build
Illinois Fund under | ||||||
6 | this clause (b) shall be payable only until such time
as the | ||||||
7 | aggregate amount on deposit under each trust
indenture securing | ||||||
8 | Bonds issued and outstanding pursuant to the Build
Illinois | ||||||
9 | Bond Act is sufficient, taking into account any future | ||||||
10 | investment
income, to fully provide, in accordance with such | ||||||
11 | indenture, for the
defeasance of or the payment of the | ||||||
12 | principal of, premium, if any, and
interest on the Bonds | ||||||
13 | secured by such indenture and on any Bonds expected
to be | ||||||
14 | issued thereafter and all fees and costs payable with respect | ||||||
15 | thereto,
all as certified by the Director of the
Bureau of the | ||||||
16 | Budget (now Governor's Office of Management and Budget). If
on | ||||||
17 | the last
business day of any month in which Bonds are | ||||||
18 | outstanding pursuant to the
Build Illinois Bond Act, the | ||||||
19 | aggregate of the moneys deposited
in the Build Illinois Bond | ||||||
20 | Account in the Build Illinois Fund in such month
shall be less | ||||||
21 | than the amount required to be transferred in such month from
| ||||||
22 | the Build Illinois Bond Account to the Build Illinois Bond | ||||||
23 | Retirement and
Interest Fund pursuant to Section 13 of the | ||||||
24 | Build Illinois Bond Act, an
amount equal to such deficiency | ||||||
25 | shall be immediately paid
from other moneys received by the | ||||||
26 | Department pursuant to the Tax Acts
to the Build Illinois Fund; |
| ||||||||||||||||||||||
| ||||||||||||||||||||||
1 | provided, however, that any amounts paid to the
Build Illinois | |||||||||||||||||||||
2 | Fund in any fiscal year pursuant to this sentence shall be
| |||||||||||||||||||||
3 | deemed to constitute payments pursuant to clause (b) of the | |||||||||||||||||||||
4 | preceding
sentence and shall reduce the amount otherwise | |||||||||||||||||||||
5 | payable for such fiscal year
pursuant to clause (b) of the | |||||||||||||||||||||
6 | preceding sentence. The moneys received by
the Department | |||||||||||||||||||||
7 | pursuant to this Act and required to be deposited into the
| |||||||||||||||||||||
8 | Build Illinois Fund are subject to the pledge, claim and charge | |||||||||||||||||||||
9 | set forth
in Section 12 of the Build Illinois Bond Act. | |||||||||||||||||||||
10 | Subject to payment of amounts into the Build Illinois Fund | |||||||||||||||||||||
11 | as provided in
the preceding paragraph or in any amendment | |||||||||||||||||||||
12 | thereto hereafter enacted, the
following specified monthly | |||||||||||||||||||||
13 | installment of the amount requested in the
certificate of the | |||||||||||||||||||||
14 | Chairman of the Metropolitan Pier and Exposition
Authority | |||||||||||||||||||||
15 | provided under Section 8.25f of the State Finance Act, but not | |||||||||||||||||||||
16 | in
excess of the sums designated as "Total Deposit", shall be
| |||||||||||||||||||||
17 | deposited in the aggregate from collections under Section 9 of | |||||||||||||||||||||
18 | the Use Tax
Act, Section 9 of the Service Use Tax Act, Section | |||||||||||||||||||||
19 | 9 of the Service
Occupation Tax Act, and Section 3 of the | |||||||||||||||||||||
20 | Retailers' Occupation Tax Act into
the McCormick Place | |||||||||||||||||||||
21 | Expansion Project Fund in the specified fiscal years. | |||||||||||||||||||||
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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|
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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20 | Beginning July 20, 1993 and in each month of each fiscal | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | year thereafter,
one-eighth of the amount requested in the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | certificate of the Chairman of
the Metropolitan Pier and | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | Exposition Authority for that fiscal year, less
the amount | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
24 | deposited into the McCormick Place Expansion Project Fund by | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
25 | the
State Treasurer in the respective month under subsection | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
26 | (g) of Section 13
of the Metropolitan Pier and Exposition |
| |||||||
| |||||||
1 | Authority Act, plus cumulative
deficiencies in the deposits | ||||||
2 | required under this Section for previous
months and years, | ||||||
3 | shall be deposited into the McCormick Place Expansion
Project | ||||||
4 | Fund, until the full amount requested for the fiscal year, but | ||||||
5 | not
in excess of the amount specified above as "Total Deposit", | ||||||
6 | has been deposited. | ||||||
7 | Subject to payment of amounts into the Build Illinois Fund | ||||||
8 | and the
McCormick Place Expansion Project Fund pursuant to the | ||||||
9 | preceding paragraphs or
in any amendments thereto
hereafter | ||||||
10 | enacted,
beginning July 1, 1993, the Department shall each | ||||||
11 | month pay into the Illinois
Tax Increment Fund 0.27% of 80% of | ||||||
12 | the net revenue realized for the preceding
month from the 6.25% | ||||||
13 | general rate on the selling price of tangible personal
| ||||||
14 | property. | ||||||
15 | Subject to payment of amounts into the Build Illinois Fund | ||||||
16 | and the
McCormick Place Expansion Project Fund pursuant to the | ||||||
17 | preceding paragraphs or in any
amendments thereto hereafter | ||||||
18 | enacted, beginning with the receipt of the first
report of | ||||||
19 | taxes paid by an eligible business and continuing for a 25-year
| ||||||
20 | period, the Department shall each month pay into the Energy | ||||||
21 | Infrastructure
Fund 80% of the net revenue realized from the | ||||||
22 | 6.25% general rate on the
selling price of Illinois-mined coal | ||||||
23 | that was sold to an eligible business.
For purposes of this | ||||||
24 | paragraph, the term "eligible business" means a new
electric | ||||||
25 | generating facility certified pursuant to Section 605-332 of | ||||||
26 | the
Department of Commerce and
Economic Opportunity Law of the |
| |||||||
| |||||||
1 | Civil Administrative
Code of Illinois. | ||||||
2 | Of the remainder of the moneys received by the Department | ||||||
3 | pursuant
to this Act, 75% thereof shall be paid into the State | ||||||
4 | Treasury and 25%
shall be reserved in a special account and | ||||||
5 | used only for the transfer to
the Common School Fund as part of | ||||||
6 | the monthly transfer from the General
Revenue Fund in | ||||||
7 | accordance with Section 8a of the State
Finance Act. | ||||||
8 | As soon as possible after the first day of each month, upon | ||||||
9 | certification
of the Department of Revenue, the Comptroller | ||||||
10 | shall order transferred and
the Treasurer shall transfer from | ||||||
11 | the General Revenue Fund to the Motor
Fuel Tax Fund an amount | ||||||
12 | equal to 1.7% of 80% of the net revenue realized
under this Act | ||||||
13 | for the second preceding month.
Beginning April 1, 2000, this | ||||||
14 | transfer is no longer required
and shall not be made. | ||||||
15 | Net revenue realized for a month shall be the revenue | ||||||
16 | collected
by the State pursuant to this Act, less the amount | ||||||
17 | paid out during that
month as refunds to taxpayers for | ||||||
18 | overpayment of liability. | ||||||
19 | For greater simplicity of administration, manufacturers, | ||||||
20 | importers
and wholesalers whose products are sold at retail in | ||||||
21 | Illinois by
numerous retailers, and who wish to do so, may | ||||||
22 | assume the responsibility
for accounting and paying to the | ||||||
23 | Department all tax accruing under this
Act with respect to such | ||||||
24 | sales, if the retailers who are affected do not
make written | ||||||
25 | objection to the Department to this arrangement. | ||||||
26 | (Source: P.A. 96-34, eff. 7-13-09; 96-38, eff. 7-13-09; 96-898, |
| |||||||
| |||||||
1 | eff. 5-27-10; 96-1012, eff. 7-7-10; revised 7-22-10.) | ||||||
2 | Section 15. The Retailers' Occupation Tax Act is amended by | ||||||
3 | adding Section 2j and changing Section 3 as follows: | ||||||
4 | (35 ILCS 120/2j new) | ||||||
5 | Sec. 2j. Sorbent purchasing reports. Illinois businesses | ||||||
6 | that purchase sorbents for use in mercury control, as described | ||||||
7 | in 35 Ill. Adm. Code 225, shall file a monthly report with the | ||||||
8 | Department stating the amount of sorbent purchased during the | ||||||
9 | previous month, the purchase price of the sorbent, the amount | ||||||
10 | of State occupation and use taxes paid on the purchase of the | ||||||
11 | sorbent (whether to the selling retailer or directly to the | ||||||
12 | Department of Revenue pursuant to a direct pay permit), and any | ||||||
13 | other information the Department may reasonably require. In | ||||||
14 | sales of sorbents between related parties, the purchase price | ||||||
15 | of the sorbent must have been determined in an arms-length | ||||||
16 | transaction. The report shall be filed with the Department on | ||||||
17 | or before the 20th day of each month following a month in which | ||||||
18 | sorbents were purchased, on a form provided by the Department. | ||||||
19 | However, no report need be filed in a month when the taxpayer | ||||||
20 | made no reportable purchases of sorbents in the previous month. | ||||||
21 | The Department shall provide a monthly summary of these reports | ||||||
22 | to the Illinois Environmental Protection Agency. Upon request, | ||||||
23 | the Illinois Environmental Protection Agency shall provide the | ||||||
24 | Department with a list of Illinois businesses that are subject |
| |||||||
| |||||||
1 | to 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 | ||||||
4 | the twentieth
day of each calendar month, every person engaged | ||||||
5 | in the business of
selling tangible personal property at retail | ||||||
6 | in this State during the
preceding calendar month shall file a | ||||||
7 | return 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 |
| |||||||
| |||||||
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 | ||||||
10 | the proper notice
and demand for signature by the Department, | ||||||
11 | the return shall be considered
valid and any amount shown to be | ||||||
12 | due on the return shall be deemed assessed. | ||||||
13 | Each return shall be accompanied by the statement of | ||||||
14 | prepaid tax issued
pursuant to Section 2e for which credit is | ||||||
15 | claimed. | ||||||
16 | Prior to October 1, 2003, and on and after September 1, | ||||||
17 | 2004 a retailer may accept a Manufacturer's Purchase
Credit
| ||||||
18 | certification from a purchaser in satisfaction of Use Tax
as | ||||||
19 | provided in Section 3-85 of the Use Tax Act if the purchaser | ||||||
20 | provides the
appropriate documentation as required by Section | ||||||
21 | 3-85
of the Use Tax Act. A Manufacturer's Purchase Credit
| ||||||
22 | certification, accepted by a retailer prior to October 1, 2003 | ||||||
23 | and on and after September 1, 2004 as provided
in
Section 3-85 | ||||||
24 | of the Use Tax Act, may be used by that retailer to
satisfy | ||||||
25 | Retailers' Occupation Tax liability in the amount claimed in
| ||||||
26 | the certification, not to exceed 6.25% of the receipts
subject |
| |||||||
| |||||||
1 | to tax from a qualifying purchase. A Manufacturer's Purchase | ||||||
2 | Credit
reported on any original or amended return
filed under
| ||||||
3 | this Act after October 20, 2003 for reporting periods prior to | ||||||
4 | September 1, 2004 shall be disallowed. Manufacturer's | ||||||
5 | Purchaser Credit reported on annual returns due on or after | ||||||
6 | January 1, 2005 will be disallowed for periods prior to | ||||||
7 | September 1, 2004. No Manufacturer's
Purchase Credit may be | ||||||
8 | used after September 30, 2003 through August 31, 2004 to
| ||||||
9 | satisfy any
tax liability imposed under this Act, including any | ||||||
10 | audit liability. | ||||||
11 | The Department may require returns to be filed on a | ||||||
12 | quarterly basis.
If so required, a return for each calendar | ||||||
13 | quarter shall be filed on or
before the twentieth day of the | ||||||
14 | calendar month following the end of such
calendar quarter. The | ||||||
15 | taxpayer shall also file a return with the
Department for each | ||||||
16 | of the first two months of each calendar quarter, on or
before | ||||||
17 | the 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; |
| |||||||
| |||||||
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 | ||||||
7 | licensed
distributor, importing distributor, or manufacturer, | ||||||
8 | as defined in the Liquor
Control Act of 1934, but is engaged in | ||||||
9 | the business of
selling, at retail, alcoholic liquor
shall file | ||||||
10 | a statement with the Department of Revenue, in a format
and at | ||||||
11 | a time prescribed by the Department, showing the total amount | ||||||
12 | paid for
alcoholic liquor purchased during the preceding month | ||||||
13 | and such other
information as is reasonably required by the | ||||||
14 | Department.
The Department may adopt rules to require
that this | ||||||
15 | statement be filed in an electronic or telephonic format. Such | ||||||
16 | rules
may provide for exceptions from the filing requirements | ||||||
17 | of this paragraph. For
the
purposes of this
paragraph, the term | ||||||
18 | "alcoholic liquor" shall have the meaning prescribed in the
| ||||||
19 | Liquor Control Act of 1934. | ||||||
20 | Beginning on October 1, 2003, every distributor, importing | ||||||
21 | distributor, and
manufacturer of alcoholic liquor as defined in | ||||||
22 | the Liquor Control Act of 1934,
shall file a
statement with the | ||||||
23 | Department of Revenue, no later than the 10th day of the
month | ||||||
24 | for the
preceding month during which transactions occurred, by | ||||||
25 | electronic means,
showing the
total amount of gross receipts | ||||||
26 | from the sale of alcoholic liquor sold or
distributed during
|
| |||||||
| |||||||
1 | the preceding month to purchasers; identifying the purchaser to | ||||||
2 | whom it was
sold or
distributed; the purchaser's tax | ||||||
3 | registration number; and such other
information
reasonably | ||||||
4 | required by the Department. A distributor, importing | ||||||
5 | distributor, or manufacturer of alcoholic liquor must | ||||||
6 | personally deliver, mail, or provide by electronic means to | ||||||
7 | each retailer listed on the monthly statement a report | ||||||
8 | containing a cumulative total of that distributor's, importing | ||||||
9 | distributor's, or manufacturer's total sales of alcoholic | ||||||
10 | liquor to that retailer no later than the 10th day of the month | ||||||
11 | for the preceding month during which the transaction occurred. | ||||||
12 | The distributor, importing distributor, or manufacturer shall | ||||||
13 | notify the retailer as to the method by which the distributor, | ||||||
14 | importing distributor, or manufacturer will provide the sales | ||||||
15 | information. If the retailer is unable to receive the sales | ||||||
16 | information by electronic means, the distributor, importing | ||||||
17 | distributor, or manufacturer shall furnish the sales | ||||||
18 | information by personal delivery or by mail. For purposes of | ||||||
19 | this paragraph, the term "electronic means" includes, but is | ||||||
20 | not limited to, the use of a secure Internet website, e-mail, | ||||||
21 | or facsimile. | ||||||
22 | If a total amount of less than $1 is payable, refundable or | ||||||
23 | creditable,
such amount shall be disregarded if it is less than | ||||||
24 | 50 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 | ||||||
26 | monthly tax liability of $150,000 or more shall
make all |
| |||||||
| |||||||
1 | payments required by rules of the
Department by electronic | ||||||
2 | funds transfer. Beginning October 1, 1994, a taxpayer
who has | ||||||
3 | an average monthly tax liability of $100,000 or more shall make | ||||||
4 | all
payments required by rules of the Department by electronic | ||||||
5 | funds transfer.
Beginning October 1, 1995, a taxpayer who has | ||||||
6 | an average monthly tax liability
of $50,000 or more shall make | ||||||
7 | all
payments required by rules of the Department by electronic | ||||||
8 | funds transfer.
Beginning October 1, 2000, a taxpayer who has | ||||||
9 | an annual tax liability of
$200,000 or more shall make all | ||||||
10 | payments required by rules of the Department by
electronic | ||||||
11 | funds transfer. The term "annual tax liability" shall be the | ||||||
12 | sum of
the taxpayer's liabilities under this Act, and under all | ||||||
13 | other State and local
occupation and use tax laws administered | ||||||
14 | by the Department, for the immediately
preceding calendar year.
| ||||||
15 | The term "average monthly tax liability" shall be the sum of | ||||||
16 | the
taxpayer's liabilities under this
Act, and under all other | ||||||
17 | State and local occupation and use tax
laws administered by the | ||||||
18 | Department, for the immediately preceding calendar
year | ||||||
19 | divided by 12.
Beginning on October 1, 2002, a taxpayer who has | ||||||
20 | a tax liability in the
amount set forth in subsection (b) of | ||||||
21 | Section 2505-210 of the Department of
Revenue Law shall make | ||||||
22 | all payments required by rules of the Department by
electronic | ||||||
23 | funds transfer. | ||||||
24 | Before August 1 of each year beginning in 1993, the | ||||||
25 | Department shall
notify all taxpayers required to make payments | ||||||
26 | by electronic funds
transfer. All taxpayers
required to make |
| |||||||
| |||||||
1 | payments by electronic funds transfer shall make those
payments | ||||||
2 | for
a minimum of one year beginning on October 1. | ||||||
3 | Any taxpayer not required to make payments by electronic | ||||||
4 | funds transfer may
make payments by electronic funds transfer | ||||||
5 | with
the permission of the Department. | ||||||
6 | All taxpayers required to make payment by electronic funds | ||||||
7 | transfer and
any taxpayers authorized to voluntarily make | ||||||
8 | payments by electronic funds
transfer shall make those payments | ||||||
9 | in the manner authorized by the Department. | ||||||
10 | The Department shall adopt such rules as are necessary to | ||||||
11 | effectuate a
program of electronic funds transfer and the | ||||||
12 | requirements of this Section. | ||||||
13 | Any amount which is required to be shown or reported on any | ||||||
14 | return or
other document under this Act shall, if such amount | ||||||
15 | is not a whole-dollar
amount, be increased to the nearest | ||||||
16 | whole-dollar amount in any case where
the fractional part of a | ||||||
17 | dollar is 50 cents or more, and decreased to the
nearest | ||||||
18 | whole-dollar amount where the fractional part of a dollar is | ||||||
19 | less
than 50 cents. | ||||||
20 | If the retailer is otherwise required to file a monthly | ||||||
21 | return and if the
retailer's average monthly tax liability to | ||||||
22 | the Department does not exceed
$200, the Department may | ||||||
23 | authorize his returns to be filed on a quarter
annual basis, | ||||||
24 | with the return for January, February and March of a given
year | ||||||
25 | being due by April 20 of such year; with the return for April, | ||||||
26 | May and
June of a given year being due by July 20 of such year; |
| |||||||
| |||||||
1 | with the return for
July, August and September of a given year | ||||||
2 | being due by October 20 of such
year, and with the return for | ||||||
3 | October, November and December of a given
year being due by | ||||||
4 | January 20 of the following year. | ||||||
5 | If the retailer is otherwise required to file a monthly or | ||||||
6 | quarterly
return and if the retailer's average monthly tax | ||||||
7 | liability with the
Department does not exceed $50, the | ||||||
8 | Department may authorize his returns to
be filed on an annual | ||||||
9 | basis, with the return for a given year being due by
January 20 | ||||||
10 | of the following year. | ||||||
11 | Such quarter annual and annual returns, as to form and | ||||||
12 | substance,
shall be subject to the same requirements as monthly | ||||||
13 | returns. | ||||||
14 | Notwithstanding any other provision in this Act concerning | ||||||
15 | the time
within which a retailer may file his return, in the | ||||||
16 | case of any retailer
who ceases to engage in a kind of business | ||||||
17 | which makes him responsible
for filing returns under this Act, | ||||||
18 | such retailer shall file a final
return under this Act with the | ||||||
19 | Department not more than one month after
discontinuing such | ||||||
20 | business. | ||||||
21 | Where the same person has more than one business registered | ||||||
22 | with the
Department under separate registrations under this | ||||||
23 | Act, such person may
not file each return that is due as a | ||||||
24 | single return covering all such
registered businesses, but | ||||||
25 | shall file separate returns for each such
registered business. | ||||||
26 | In addition, with respect to motor vehicles, watercraft,
|
| |||||||
| |||||||
1 | aircraft, and trailers that are required to be registered with | ||||||
2 | an agency of
this State, every
retailer selling this kind of | ||||||
3 | tangible personal property shall file,
with the Department, | ||||||
4 | upon a form to be prescribed and supplied by the
Department, a | ||||||
5 | separate return for each such item of tangible personal
| ||||||
6 | property which the retailer sells, except that if, in the same
| ||||||
7 | transaction, (i) a retailer of aircraft, watercraft, motor | ||||||
8 | vehicles or
trailers transfers more than one aircraft, | ||||||
9 | watercraft, motor
vehicle or trailer to another aircraft, | ||||||
10 | watercraft, motor vehicle
retailer or trailer retailer for the | ||||||
11 | purpose of resale
or (ii) a retailer of aircraft, watercraft, | ||||||
12 | motor vehicles, or trailers
transfers more than one aircraft, | ||||||
13 | watercraft, motor vehicle, or trailer to a
purchaser for use as | ||||||
14 | a qualifying rolling stock as provided in Section 2-5 of
this | ||||||
15 | Act, then
that seller may report the transfer of all aircraft,
| ||||||
16 | watercraft, motor vehicles or trailers involved in that | ||||||
17 | transaction to the
Department on the same uniform | ||||||
18 | invoice-transaction reporting return form. For
purposes of | ||||||
19 | this Section, "watercraft" means a Class 2, Class 3, or Class 4
| ||||||
20 | watercraft as defined in Section 3-2 of the Boat Registration | ||||||
21 | and Safety Act, a
personal watercraft, or any boat equipped | ||||||
22 | with an inboard motor. | ||||||
23 | Any retailer who sells only motor vehicles, watercraft,
| ||||||
24 | aircraft, or trailers that are required to be registered with | ||||||
25 | an agency of
this State, so that all
retailers' occupation tax | ||||||
26 | liability is required to be reported, and is
reported, on such |
| |||||||
| |||||||
1 | transaction reporting returns and who is not otherwise
required | ||||||
2 | to file monthly or quarterly returns, need not file monthly or
| ||||||
3 | quarterly returns. However, those retailers shall be required | ||||||
4 | to
file returns on an annual basis. | ||||||
5 | The transaction reporting return, in the case of motor | ||||||
6 | vehicles
or trailers that are required to be registered with an | ||||||
7 | agency of this
State, shall
be the same document as the Uniform | ||||||
8 | Invoice referred to in Section 5-402
of The Illinois Vehicle | ||||||
9 | Code and must show the name and address of the
seller; the name | ||||||
10 | and address of the purchaser; the amount of the selling
price | ||||||
11 | including the amount allowed by the retailer for traded-in
| ||||||
12 | property, if any; the amount allowed by the retailer for the | ||||||
13 | traded-in
tangible personal property, if any, to the extent to | ||||||
14 | which Section 1 of
this Act allows an exemption for the value | ||||||
15 | of traded-in property; the
balance payable after deducting such | ||||||
16 | trade-in allowance from the total
selling price; the amount of | ||||||
17 | tax due from the retailer with respect to
such transaction; the | ||||||
18 | amount of tax collected from the purchaser by the
retailer on | ||||||
19 | such transaction (or satisfactory evidence that such tax is
not | ||||||
20 | due in that particular instance, if that is claimed to be the | ||||||
21 | fact);
the place and date of the sale; a sufficient | ||||||
22 | identification of the
property sold; such other information as | ||||||
23 | is required in Section 5-402 of
The Illinois Vehicle Code, and | ||||||
24 | such other information as the Department
may reasonably | ||||||
25 | require. | ||||||
26 | The transaction reporting return in the case of watercraft
|
| |||||||
| |||||||
1 | or aircraft must show
the name and address of the seller; the | ||||||
2 | name and address of the
purchaser; the amount of the selling | ||||||
3 | price including the amount allowed
by the retailer for | ||||||
4 | traded-in property, if any; the amount allowed by
the retailer | ||||||
5 | for the traded-in tangible personal property, if any, to
the | ||||||
6 | extent to which Section 1 of this Act allows an exemption for | ||||||
7 | the
value of traded-in property; the balance payable after | ||||||
8 | deducting such
trade-in allowance from the total selling price; | ||||||
9 | the amount of tax due
from the retailer with respect to such | ||||||
10 | transaction; the amount of tax
collected from the purchaser by | ||||||
11 | the retailer on such transaction (or
satisfactory evidence that | ||||||
12 | such tax is not due in that particular
instance, if that is | ||||||
13 | claimed to be the fact); the place and date of the
sale, a | ||||||
14 | sufficient identification of the property sold, and such other
| ||||||
15 | information as the Department may reasonably require. | ||||||
16 | Such transaction reporting return shall be filed not later | ||||||
17 | than 20
days after the day of delivery of the item that is | ||||||
18 | being sold, but may
be filed by the retailer at any time sooner | ||||||
19 | than that if he chooses to
do so. The transaction reporting | ||||||
20 | return and tax remittance or proof of
exemption from the | ||||||
21 | Illinois use tax may be transmitted to the Department
by way of | ||||||
22 | the State agency with which, or State officer with whom the
| ||||||
23 | tangible personal property must be titled or registered (if | ||||||
24 | titling or
registration is required) if the Department and such | ||||||
25 | agency or State
officer determine that this procedure will | ||||||
26 | expedite the processing of
applications for title or |
| |||||||
| |||||||
1 | registration. | ||||||
2 | With each such transaction reporting return, the retailer | ||||||
3 | shall remit
the proper amount of tax due (or shall submit | ||||||
4 | satisfactory evidence that
the sale is not taxable if that is | ||||||
5 | the case), to the Department or its
agents, whereupon the | ||||||
6 | Department shall issue, in the purchaser's name, a
use tax | ||||||
7 | receipt (or a certificate of exemption if the Department is
| ||||||
8 | satisfied that the particular sale is tax exempt) which such | ||||||
9 | purchaser
may submit to the agency with which, or State officer | ||||||
10 | with whom, he must
title or register the tangible personal | ||||||
11 | property that is involved (if
titling or registration is | ||||||
12 | required) in support of such purchaser's
application for an | ||||||
13 | Illinois certificate or other evidence of title or
registration | ||||||
14 | to such tangible personal property. | ||||||
15 | No retailer's failure or refusal to remit tax under this | ||||||
16 | Act
precludes a user, who has paid the proper tax to the | ||||||
17 | retailer, from
obtaining his certificate of title or other | ||||||
18 | evidence of title or
registration (if titling or registration | ||||||
19 | is required) upon satisfying
the Department that such user has | ||||||
20 | paid the proper tax (if tax is due) to
the retailer. The | ||||||
21 | Department shall adopt appropriate rules to carry out
the | ||||||
22 | mandate of this paragraph. | ||||||
23 | If the user who would otherwise pay tax to the retailer | ||||||
24 | wants the
transaction reporting return filed and the payment of | ||||||
25 | the tax or proof
of exemption made to the Department before the | ||||||
26 | retailer is willing to
take these actions and such user has not |
| |||||||
| |||||||
1 | paid the tax to the retailer,
such user may certify to the fact | ||||||
2 | of such delay by the retailer and may
(upon the Department | ||||||
3 | being satisfied of the truth of such certification)
transmit | ||||||
4 | the information required by the transaction reporting return
| ||||||
5 | and the remittance for tax or proof of exemption directly to | ||||||
6 | the
Department and obtain his tax receipt or exemption | ||||||
7 | determination, in
which event the transaction reporting return | ||||||
8 | and tax remittance (if a
tax payment was required) shall be | ||||||
9 | credited by the Department to the
proper retailer's account | ||||||
10 | with the Department, but without the 2.1% or 1.75%
discount | ||||||
11 | provided for in this Section being allowed. When the user pays
| ||||||
12 | the tax directly to the Department, he shall pay the tax in the | ||||||
13 | same
amount and in the same form in which it would be remitted | ||||||
14 | if the tax had
been remitted to the Department by the retailer. | ||||||
15 | Refunds made by the seller during the preceding return | ||||||
16 | period to
purchasers, on account of tangible personal property | ||||||
17 | returned to the
seller, shall be allowed as a deduction under | ||||||
18 | subdivision 5 of his monthly
or quarterly return, as the case | ||||||
19 | may be, in case the
seller had theretofore included the | ||||||
20 | receipts from the sale of such
tangible personal property in a | ||||||
21 | return filed by him and had paid the tax
imposed by this Act | ||||||
22 | with respect to such receipts. | ||||||
23 | Where the seller is a corporation, the return filed on | ||||||
24 | behalf of such
corporation shall be signed by the president, | ||||||
25 | vice-president, secretary
or treasurer or by the properly | ||||||
26 | accredited agent of such corporation. |
| |||||||
| |||||||
1 | Where the seller is a limited liability company, the return | ||||||
2 | filed on behalf
of the limited liability company shall be | ||||||
3 | signed by a manager, member, or
properly accredited agent of | ||||||
4 | the limited liability company. | ||||||
5 | Except as provided in this Section, the retailer filing the | ||||||
6 | return
under this Section shall, at the time of filing such | ||||||
7 | return, pay to the
Department the amount of tax imposed by this | ||||||
8 | Act less a discount of 2.1%
prior to January 1, 1990 and 1.75% | ||||||
9 | on and after January 1, 1990, or $5 per
calendar year, | ||||||
10 | whichever is greater, which is allowed to
reimburse the | ||||||
11 | retailer for the expenses incurred in keeping records,
| ||||||
12 | preparing and filing returns, remitting the tax and supplying | ||||||
13 | data to
the Department on request. Any prepayment made pursuant | ||||||
14 | to Section 2d
of this Act shall be included in the amount on | ||||||
15 | which such
2.1% or 1.75% discount is computed. In the case of | ||||||
16 | retailers who report
and pay the tax on a transaction by | ||||||
17 | transaction basis, as provided in this
Section, such discount | ||||||
18 | shall be taken with each such tax remittance
instead of when | ||||||
19 | such retailer files his periodic return. | ||||||
20 | Before October 1, 2000, if the taxpayer's average monthly | ||||||
21 | tax liability
to the Department
under this Act, the Use Tax | ||||||
22 | Act, the Service Occupation Tax
Act, and the Service Use Tax | ||||||
23 | Act, excluding any liability for prepaid sales
tax to be | ||||||
24 | remitted in accordance with Section 2d of this Act, was
$10,000
| ||||||
25 | or more during the preceding 4 complete calendar quarters, he | ||||||
26 | shall file a
return with the Department each month by the 20th |
| |||||||
| |||||||
1 | day of the month next
following the month during which such tax | ||||||
2 | liability is incurred and shall
make payments to the Department | ||||||
3 | on or before the 7th, 15th, 22nd and last
day of the month | ||||||
4 | during which such liability is incurred.
On and after October | ||||||
5 | 1, 2000, if the taxpayer's average monthly tax liability
to the | ||||||
6 | Department under this Act, the Use Tax Act, the Service | ||||||
7 | Occupation Tax
Act, and the Service Use Tax Act, excluding any | ||||||
8 | liability for prepaid sales tax
to be remitted in accordance | ||||||
9 | with Section 2d of this Act, was $20,000 or more
during the | ||||||
10 | preceding 4 complete calendar quarters, he shall file a return | ||||||
11 | with
the Department each month by the 20th day of the month | ||||||
12 | next following the month
during which such tax liability is | ||||||
13 | incurred and shall make payment to the
Department on or before | ||||||
14 | the 7th, 15th, 22nd and last day of the month during
which such | ||||||
15 | liability is incurred.
If the month
during which such tax | ||||||
16 | liability is incurred began prior to January 1, 1985,
each | ||||||
17 | payment shall be in an amount equal to 1/4 of the taxpayer's | ||||||
18 | actual
liability for the month or an amount set by the | ||||||
19 | Department not to exceed
1/4 of the average monthly liability | ||||||
20 | of the taxpayer to the Department for
the preceding 4 complete | ||||||
21 | calendar quarters (excluding the month of highest
liability and | ||||||
22 | the month of lowest liability in such 4 quarter period). If
the | ||||||
23 | month during which such tax liability is incurred begins on or | ||||||
24 | after
January 1, 1985 and prior to January 1, 1987, each | ||||||
25 | payment shall be in an
amount equal to 22.5% of the taxpayer's | ||||||
26 | actual liability for the month or
27.5% of the taxpayer's |
| |||||||
| |||||||
1 | liability for the same calendar
month of the preceding year. If | ||||||
2 | the month during which such tax
liability is incurred begins on | ||||||
3 | or after January 1, 1987 and prior to
January 1, 1988, each | ||||||
4 | payment shall be in an amount equal to 22.5% of the
taxpayer's | ||||||
5 | actual liability for the month or 26.25% of the taxpayer's
| ||||||
6 | liability for the same calendar month of the preceding year. If | ||||||
7 | the month
during which such tax liability is incurred begins on | ||||||
8 | or after January 1,
1988, and prior to January 1, 1989, or | ||||||
9 | begins on or after January 1, 1996, each
payment shall be in an | ||||||
10 | amount
equal to 22.5% of the taxpayer's actual liability for | ||||||
11 | the month or 25% of
the taxpayer's liability for the same | ||||||
12 | calendar month of the preceding year. If
the month during which | ||||||
13 | such tax liability is incurred begins on or after
January 1, | ||||||
14 | 1989, and prior to January 1, 1996, each payment shall be in an
| ||||||
15 | amount equal to 22.5% of the
taxpayer's actual liability for | ||||||
16 | the month or 25% of the taxpayer's
liability for the same | ||||||
17 | calendar month of the preceding year or 100% of the
taxpayer's | ||||||
18 | actual liability for the quarter monthly reporting period. The
| ||||||
19 | amount of such quarter monthly payments shall be credited | ||||||
20 | against
the final tax liability of the taxpayer's return for | ||||||
21 | that month. Before
October 1, 2000, once
applicable, the | ||||||
22 | requirement of the making of quarter monthly payments to
the | ||||||
23 | Department by taxpayers having an average monthly tax liability | ||||||
24 | of
$10,000 or more as determined in the manner provided above
| ||||||
25 | shall continue
until such taxpayer's average monthly liability | ||||||
26 | to the Department during
the preceding 4 complete calendar |
| |||||||
| |||||||
1 | quarters (excluding the month of highest
liability and the | ||||||
2 | month of lowest liability) is less than
$9,000, or until
such | ||||||
3 | taxpayer's average monthly liability to the Department as | ||||||
4 | computed for
each calendar quarter of the 4 preceding complete | ||||||
5 | calendar quarter period
is less than $10,000. However, if a | ||||||
6 | taxpayer can show the
Department that
a substantial change in | ||||||
7 | the taxpayer's business has occurred which causes
the taxpayer | ||||||
8 | to anticipate that his average monthly tax liability for the
| ||||||
9 | reasonably foreseeable future will fall below the $10,000 | ||||||
10 | threshold
stated above, then
such taxpayer
may petition the | ||||||
11 | Department for a change in such taxpayer's reporting
status. On | ||||||
12 | and after October 1, 2000, once applicable, the requirement of
| ||||||
13 | the making of quarter monthly payments to the Department by | ||||||
14 | taxpayers having an
average monthly tax liability of $20,000 or | ||||||
15 | more as determined in the manner
provided above shall continue | ||||||
16 | until such taxpayer's average monthly liability
to the | ||||||
17 | Department during the preceding 4 complete calendar quarters | ||||||
18 | (excluding
the month of highest liability and the month of | ||||||
19 | lowest liability) is less than
$19,000 or until such taxpayer's | ||||||
20 | average monthly liability to the Department as
computed for | ||||||
21 | each calendar quarter of the 4 preceding complete calendar | ||||||
22 | quarter
period is less than $20,000. However, if a taxpayer can | ||||||
23 | show the Department
that a substantial change in the taxpayer's | ||||||
24 | business has occurred which causes
the taxpayer to anticipate | ||||||
25 | that his average monthly tax liability for the
reasonably | ||||||
26 | foreseeable future will fall below the $20,000 threshold stated
|
| |||||||
| |||||||
1 | above, then such taxpayer may petition the Department for a | ||||||
2 | change in such
taxpayer's reporting status. The Department | ||||||
3 | shall change such taxpayer's
reporting status
unless it finds | ||||||
4 | that such change is seasonal in nature and not likely to be
| ||||||
5 | long term. If any such quarter monthly payment is not paid at | ||||||
6 | the time or
in the amount required by this Section, then the | ||||||
7 | taxpayer shall be liable for
penalties and interest on the | ||||||
8 | difference
between the minimum amount due as a payment and the | ||||||
9 | amount of such quarter
monthly payment actually and timely | ||||||
10 | paid, except insofar as the
taxpayer has previously made | ||||||
11 | payments for that month to the Department in
excess of the | ||||||
12 | minimum payments previously due as provided in this Section.
| ||||||
13 | The Department shall make reasonable rules and regulations to | ||||||
14 | govern the
quarter monthly payment amount and quarter monthly | ||||||
15 | payment dates for
taxpayers who file on other than a calendar | ||||||
16 | monthly basis. | ||||||
17 | The provisions of this paragraph apply before October 1, | ||||||
18 | 2001.
Without regard to whether a taxpayer is required to make | ||||||
19 | quarter monthly
payments as specified above, any taxpayer who | ||||||
20 | is required by Section 2d
of this Act to collect and remit | ||||||
21 | prepaid taxes and has collected prepaid
taxes which average in | ||||||
22 | excess of $25,000 per month during the preceding
2 complete | ||||||
23 | calendar quarters, shall file a return with the Department as
| ||||||
24 | required by Section 2f and shall make payments to the | ||||||
25 | Department on or before
the 7th, 15th, 22nd and last day of the | ||||||
26 | month during which such liability
is incurred. If the month |
| |||||||
| |||||||
1 | during which such tax liability is incurred
began prior to the | ||||||
2 | effective date of this amendatory Act of 1985, each
payment | ||||||
3 | shall be in an amount not less than 22.5% of the taxpayer's | ||||||
4 | actual
liability under Section 2d. If the month during which | ||||||
5 | such tax liability
is incurred begins on or after January 1, | ||||||
6 | 1986, each payment shall be in an
amount equal to 22.5% of the | ||||||
7 | taxpayer's actual liability for the month or
27.5% of the | ||||||
8 | taxpayer's liability for the same calendar month of the
| ||||||
9 | preceding calendar year. If the month during which such tax | ||||||
10 | liability is
incurred begins on or after January 1, 1987, each | ||||||
11 | payment shall be in an
amount equal to 22.5% of the taxpayer's | ||||||
12 | actual liability for the month or
26.25% of the taxpayer's | ||||||
13 | liability for the same calendar month of the
preceding year. | ||||||
14 | The amount of such quarter monthly payments shall be
credited | ||||||
15 | against the final tax liability of the taxpayer's return for | ||||||
16 | that
month filed under this Section or Section 2f, as the case | ||||||
17 | may be. Once
applicable, the requirement of the making of | ||||||
18 | quarter monthly payments to
the Department pursuant to this | ||||||
19 | paragraph shall continue until such
taxpayer's average monthly | ||||||
20 | prepaid tax collections during the preceding 2
complete | ||||||
21 | calendar quarters is $25,000 or less. If any such quarter | ||||||
22 | monthly
payment is not paid at the time or in the amount | ||||||
23 | required, the taxpayer
shall be liable for penalties and | ||||||
24 | interest on such difference, except
insofar as the taxpayer has | ||||||
25 | previously made payments for that month in
excess of the | ||||||
26 | minimum payments previously due. |
| |||||||
| |||||||
1 | The provisions of this paragraph apply on and after October | ||||||
2 | 1, 2001.
Without regard to whether a taxpayer is required to | ||||||
3 | make quarter monthly
payments as specified above, any taxpayer | ||||||
4 | who is required by Section 2d of this
Act to collect and remit | ||||||
5 | prepaid taxes and has collected prepaid taxes that
average in | ||||||
6 | excess of $20,000 per month during the preceding 4 complete | ||||||
7 | calendar
quarters shall file a return with the Department as | ||||||
8 | required by Section 2f
and shall make payments to the | ||||||
9 | Department on or before the 7th, 15th, 22nd and
last day of the | ||||||
10 | month during which the liability is incurred. Each payment
| ||||||
11 | shall be in an amount equal to 22.5% of the taxpayer's actual | ||||||
12 | liability for the
month or 25% of the taxpayer's liability for | ||||||
13 | the same calendar month of the
preceding year. The amount of | ||||||
14 | the quarter monthly payments shall be credited
against the | ||||||
15 | final tax liability of the taxpayer's return for that month | ||||||
16 | filed
under this Section or Section 2f, as the case may be. | ||||||
17 | Once applicable, the
requirement of the making of quarter | ||||||
18 | monthly payments to the Department
pursuant to this paragraph | ||||||
19 | shall continue until the taxpayer's average monthly
prepaid tax | ||||||
20 | collections during the preceding 4 complete calendar quarters
| ||||||
21 | (excluding the month of highest liability and the month of | ||||||
22 | lowest liability) is
less than $19,000 or until such taxpayer's | ||||||
23 | average monthly liability to the
Department as computed for | ||||||
24 | each calendar quarter of the 4 preceding complete
calendar | ||||||
25 | quarters is less than $20,000. If any such quarter monthly | ||||||
26 | payment is
not paid at the time or in the amount required, the |
| |||||||
| |||||||
1 | taxpayer shall be liable
for penalties and interest on such | ||||||
2 | difference, except insofar as the taxpayer
has previously made | ||||||
3 | payments for that month in excess of the minimum payments
| ||||||
4 | previously due. | ||||||
5 | If any payment provided for in this Section exceeds
the | ||||||
6 | taxpayer's liabilities under this Act, the Use Tax Act, the | ||||||
7 | Service
Occupation Tax Act and the Service Use Tax Act, as | ||||||
8 | shown on an original
monthly return, the Department shall, if | ||||||
9 | requested by the taxpayer, issue to
the taxpayer a credit | ||||||
10 | memorandum no later than 30 days after the date of
payment. The | ||||||
11 | credit evidenced by such credit memorandum may
be assigned by | ||||||
12 | the taxpayer to a similar taxpayer under this Act, the
Use Tax | ||||||
13 | Act, the Service Occupation Tax Act or the Service Use Tax Act, | ||||||
14 | in
accordance with reasonable rules and regulations to be | ||||||
15 | prescribed by the
Department. If no such request is made, the | ||||||
16 | taxpayer may credit such excess
payment against tax liability | ||||||
17 | subsequently to be remitted to the Department
under this Act, | ||||||
18 | the Use Tax Act, the Service Occupation Tax Act or the
Service | ||||||
19 | Use Tax Act, in accordance with reasonable rules and | ||||||
20 | regulations
prescribed by the Department. If the Department | ||||||
21 | subsequently determined
that all or any part of the credit | ||||||
22 | taken was not actually due to the
taxpayer, the taxpayer's 2.1% | ||||||
23 | and 1.75% vendor's discount shall be reduced
by 2.1% or 1.75% | ||||||
24 | of the difference between the credit taken and that
actually | ||||||
25 | due, and that taxpayer shall be liable for penalties and | ||||||
26 | interest
on such difference. |
| |||||||
| |||||||
1 | If a retailer of motor fuel is entitled to a credit under | ||||||
2 | Section 2d of
this Act which exceeds the taxpayer's liability | ||||||
3 | to the Department under
this Act for the month which the | ||||||
4 | taxpayer is filing a return, the
Department shall issue the | ||||||
5 | taxpayer a credit memorandum for the excess. | ||||||
6 | Beginning January 1, 1990, each month the Department shall | ||||||
7 | pay into
the Local Government Tax Fund, a special fund in the | ||||||
8 | State treasury which
is hereby created, the net revenue | ||||||
9 | realized for the preceding month from
the 1% tax on sales of | ||||||
10 | food for human consumption which is to be consumed
off the | ||||||
11 | premises where it is sold (other than alcoholic beverages, soft
| ||||||
12 | drinks and food which has been prepared for immediate | ||||||
13 | consumption) and
prescription and nonprescription medicines, | ||||||
14 | drugs, medical appliances and
insulin, urine testing | ||||||
15 | materials, syringes and needles used by diabetics. | ||||||
16 | Beginning January 1, 1990, each month the Department shall | ||||||
17 | pay into
the County and Mass Transit District Fund, a special | ||||||
18 | fund in the State
treasury which is hereby created, 4% of the | ||||||
19 | net revenue realized
for the preceding month from the 6.25% | ||||||
20 | general rate. | ||||||
21 | Beginning August 1, 2000, each
month the Department shall | ||||||
22 | pay into the
County and Mass Transit District Fund 20% of the | ||||||
23 | net revenue realized for the
preceding month from the 1.25% | ||||||
24 | rate on the selling price of motor fuel and
gasohol. Beginning | ||||||
25 | September 1, 2010, each month the Department shall pay into the | ||||||
26 | County and Mass Transit District Fund 20% of the net revenue |
| |||||||
| |||||||
1 | realized for the preceding month from the 1.25% rate on the | ||||||
2 | selling price of sales tax holiday items. | ||||||
3 | Beginning January 1, 1990, each month the Department shall | ||||||
4 | pay into
the Local Government Tax Fund 16% of the net revenue | ||||||
5 | realized for the
preceding month from the 6.25% general rate on | ||||||
6 | the selling price of
tangible personal property. | ||||||
7 | Beginning August 1, 2000, each
month the Department shall | ||||||
8 | pay into the
Local Government Tax Fund 80% of the net revenue | ||||||
9 | realized for the preceding
month from the 1.25% rate on the | ||||||
10 | selling price of motor fuel and gasohol. Beginning September 1, | ||||||
11 | 2010, each month the Department shall pay into the Local | ||||||
12 | Government Tax Fund 80% of the net revenue realized for the | ||||||
13 | preceding month from the 1.25% rate on the selling price of | ||||||
14 | sales tax holiday items. | ||||||
15 | Beginning October 1, 2009, each month the Department shall | ||||||
16 | pay into the Capital Projects Fund an amount that is equal to | ||||||
17 | an amount estimated by the Department to represent 80% of the | ||||||
18 | net revenue realized for the preceding month from the sale of | ||||||
19 | candy, grooming and hygiene products, and soft drinks that had | ||||||
20 | been taxed at a rate of 1% prior to September 1, 2009 but that | ||||||
21 | is now taxed at 6.25%. | ||||||
22 | Beginning July 1, 2011, each
month the Department shall pay | ||||||
23 | into the Clean Air Act (CAA) Permit Fund 80% of the net revenue | ||||||
24 | realized for the
preceding month from the 6.25% general rate on | ||||||
25 | the selling price of sorbents used in Illinois in the process | ||||||
26 | of sorbent injection as used to comply with the Environmental |
| ||||||||||
| ||||||||||
1 | Protection Act or the federal Clean Air Act, but the total | |||||||||
2 | payment into the Clean Air Act (CAA) Permit Fund under this Act | |||||||||
3 | and the Use Tax Act shall not exceed $2,000,000 in any fiscal | |||||||||
4 | year. | |||||||||
5 | Of the remainder of the moneys received by the Department | |||||||||
6 | pursuant
to this Act, (a) 1.75% thereof shall be paid into the | |||||||||
7 | Build Illinois
Fund and (b) prior to July 1, 1989, 2.2% and on | |||||||||
8 | and after July 1, 1989,
3.8% thereof shall be paid into the | |||||||||
9 | Build Illinois Fund; provided, however,
that if in any fiscal | |||||||||
10 | year the sum of (1) the aggregate of 2.2% or 3.8%, as
the case | |||||||||
11 | may be, of the moneys received by the Department and required | |||||||||
12 | to
be paid into the Build Illinois Fund pursuant to this Act, | |||||||||
13 | Section 9 of the
Use Tax Act, Section 9 of the Service Use Tax | |||||||||
14 | Act, and Section 9 of the
Service Occupation Tax Act, such Acts | |||||||||
15 | being hereinafter called the "Tax
Acts" and such aggregate of | |||||||||
16 | 2.2% or 3.8%, as the case may be, of moneys
being hereinafter | |||||||||
17 | called the "Tax Act Amount", and (2) the amount
transferred to | |||||||||
18 | the Build Illinois Fund from the State and Local Sales Tax
| |||||||||
19 | Reform Fund shall be less than the Annual Specified Amount (as | |||||||||
20 | hereinafter
defined), an amount equal to the difference shall | |||||||||
21 | be immediately paid into
the Build Illinois Fund from other | |||||||||
22 | moneys received by the Department
pursuant to the Tax Acts; the | |||||||||
23 | "Annual Specified Amount" means the amounts
specified below for | |||||||||
24 | fiscal years 1986 through 1993: | |||||||||
|
| ||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||
8 | and means the Certified Annual Debt Service Requirement (as | |||||||||||||||||||||||||||||
9 | defined in
Section 13 of the Build Illinois Bond Act) or the | |||||||||||||||||||||||||||||
10 | Tax Act Amount, whichever
is greater, for fiscal year 1994 and | |||||||||||||||||||||||||||||
11 | each fiscal year thereafter; and
further provided, that if on | |||||||||||||||||||||||||||||
12 | the last business day of any month the sum of
(1) the Tax Act | |||||||||||||||||||||||||||||
13 | Amount required to be deposited into the Build Illinois
Bond | |||||||||||||||||||||||||||||
14 | Account in the Build Illinois Fund during such month and (2) | |||||||||||||||||||||||||||||
15 | the
amount transferred to the Build Illinois Fund from the | |||||||||||||||||||||||||||||
16 | State and Local
Sales Tax Reform Fund shall have been less than | |||||||||||||||||||||||||||||
17 | 1/12 of the Annual
Specified Amount, an amount equal to the | |||||||||||||||||||||||||||||
18 | difference shall be immediately
paid into the Build Illinois | |||||||||||||||||||||||||||||
19 | Fund from other moneys received by the
Department pursuant to | |||||||||||||||||||||||||||||
20 | the Tax Acts; and, further provided, that in no
event shall the | |||||||||||||||||||||||||||||
21 | payments required under the preceding proviso result in
| |||||||||||||||||||||||||||||
22 | aggregate payments into the Build Illinois Fund pursuant to | |||||||||||||||||||||||||||||
23 | this 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 | |||||||||||||||||||||||||||||
25 | such fiscal year. The amounts payable
into the Build Illinois | |||||||||||||||||||||||||||||
26 | Fund under clause (b) of the first sentence in this
paragraph |
| |||||||
| |||||||
1 | shall be payable only until such time as the aggregate amount | ||||||
2 | on
deposit under each trust indenture securing Bonds issued and | ||||||
3 | outstanding
pursuant to the Build Illinois Bond Act is | ||||||
4 | sufficient, taking into account
any future investment income, | ||||||
5 | to fully provide, in accordance with such
indenture, for the | ||||||
6 | defeasance of or the payment of the principal of,
premium, if | ||||||
7 | any, and interest on the Bonds secured by such indenture and on
| ||||||
8 | any Bonds expected to be issued thereafter and all fees and | ||||||
9 | costs payable
with respect thereto, all as certified by the | ||||||
10 | Director of the Bureau of the
Budget (now Governor's Office of | ||||||
11 | Management and Budget). If on the last
business day of any | ||||||
12 | month in which Bonds are
outstanding pursuant to the Build | ||||||
13 | Illinois Bond Act, the aggregate of
moneys deposited in the | ||||||
14 | Build Illinois Bond Account in the Build Illinois
Fund in such | ||||||
15 | month shall be less than the amount required to be transferred
| ||||||
16 | in such month from the Build Illinois Bond Account to the Build | ||||||
17 | Illinois
Bond Retirement and Interest Fund pursuant to Section | ||||||
18 | 13 of the Build
Illinois Bond Act, an amount equal to such | ||||||
19 | deficiency shall be immediately
paid from other moneys received | ||||||
20 | by the Department pursuant to the Tax Acts
to the Build | ||||||
21 | Illinois Fund; provided, however, that any amounts paid to the
| ||||||
22 | Build Illinois Fund in any fiscal year pursuant to this | ||||||
23 | sentence shall be
deemed to constitute payments pursuant to | ||||||
24 | clause (b) of the first sentence
of this paragraph and shall | ||||||
25 | reduce the amount otherwise payable for such
fiscal year | ||||||
26 | pursuant to that clause (b). The moneys received by the
|
| |||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||
1 | Department pursuant to this Act and required to be deposited | ||||||||||||||||||||||||||||||||||||||||||||||
2 | into the Build
Illinois Fund are subject to the pledge, claim | ||||||||||||||||||||||||||||||||||||||||||||||
3 | and charge set forth in
Section 12 of the Build Illinois Bond | ||||||||||||||||||||||||||||||||||||||||||||||
4 | Act. | ||||||||||||||||||||||||||||||||||||||||||||||
5 | Subject to payment of amounts into the Build Illinois Fund | ||||||||||||||||||||||||||||||||||||||||||||||
6 | as provided in
the preceding paragraph or in any amendment | ||||||||||||||||||||||||||||||||||||||||||||||
7 | thereto hereafter enacted, the
following specified monthly | ||||||||||||||||||||||||||||||||||||||||||||||
8 | installment of the amount requested in the
certificate of the | ||||||||||||||||||||||||||||||||||||||||||||||
9 | Chairman of the Metropolitan Pier and Exposition
Authority | ||||||||||||||||||||||||||||||||||||||||||||||
10 | provided under Section 8.25f of the State Finance Act, but not | ||||||||||||||||||||||||||||||||||||||||||||||
11 | in
excess of sums designated as "Total Deposit", shall be | ||||||||||||||||||||||||||||||||||||||||||||||
12 | deposited in the
aggregate from collections under Section 9 of | ||||||||||||||||||||||||||||||||||||||||||||||
13 | the Use Tax Act, Section 9 of
the Service Use Tax Act, Section | ||||||||||||||||||||||||||||||||||||||||||||||
14 | 9 of the Service Occupation Tax Act, and
Section 3 of the | ||||||||||||||||||||||||||||||||||||||||||||||
15 | Retailers' Occupation Tax Act into the McCormick Place
| ||||||||||||||||||||||||||||||||||||||||||||||
16 | Expansion Project Fund in the specified fiscal years. | ||||||||||||||||||||||||||||||||||||||||||||||
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | Beginning July 20, 1993 and in each month of each fiscal | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | year thereafter,
one-eighth of the amount requested in the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | certificate of the Chairman of
the Metropolitan Pier and | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | Exposition Authority for that fiscal year, less
the amount | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | deposited into the McCormick Place Expansion Project Fund by | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | the
State Treasurer in the respective month under subsection | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | (g) of Section 13
of the Metropolitan Pier and Exposition | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | Authority Act, plus cumulative
deficiencies in the deposits | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | required under this Section for previous
months and years, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
24 | shall be deposited into the McCormick Place Expansion
Project | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
25 | Fund, until the full amount requested for the fiscal year, but | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
26 | not
in excess of the amount specified above as "Total Deposit", |
| |||||||
| |||||||
1 | has been deposited. | ||||||
2 | Subject to payment of amounts into the Build Illinois Fund | ||||||
3 | and the
McCormick Place Expansion Project Fund pursuant to the | ||||||
4 | preceding paragraphs
or in any amendments
thereto hereafter | ||||||
5 | enacted, beginning July 1, 1993, the Department shall each
| ||||||
6 | month pay into the Illinois Tax Increment Fund 0.27% of 80% of | ||||||
7 | the net revenue
realized for the preceding month from the 6.25% | ||||||
8 | general rate on the selling
price of tangible personal | ||||||
9 | property. | ||||||
10 | Subject to payment of amounts into the Build Illinois Fund | ||||||
11 | and the
McCormick Place Expansion Project Fund pursuant to the | ||||||
12 | preceding paragraphs or in any
amendments thereto hereafter | ||||||
13 | enacted, beginning with the receipt of the first
report of | ||||||
14 | taxes paid by an eligible business and continuing for a 25-year
| ||||||
15 | period, the Department shall each month pay into the Energy | ||||||
16 | Infrastructure
Fund 80% of the net revenue realized from the | ||||||
17 | 6.25% general rate on the
selling price of Illinois-mined coal | ||||||
18 | that was sold to an eligible business.
For purposes of this | ||||||
19 | paragraph, the term "eligible business" means a new
electric | ||||||
20 | generating facility certified pursuant to Section 605-332 of | ||||||
21 | the
Department of Commerce and Economic Opportunity
Law of the | ||||||
22 | Civil Administrative Code of Illinois. | ||||||
23 | Of the remainder of the moneys received by the Department | ||||||
24 | pursuant to
this Act, 75% thereof shall be paid into the State | ||||||
25 | Treasury and 25% shall
be reserved in a special account and | ||||||
26 | used only for the transfer to the
Common School Fund as part of |
| |||||||
| |||||||
1 | the monthly transfer from the General Revenue
Fund in | ||||||
2 | accordance with Section 8a of the State Finance Act. | ||||||
3 | The Department may, upon separate written notice to a | ||||||
4 | taxpayer,
require the taxpayer to prepare and file with the | ||||||
5 | Department on a form
prescribed by the Department within not | ||||||
6 | less than 60 days after receipt
of the notice an annual | ||||||
7 | information return for the tax year specified in
the notice. | ||||||
8 | Such annual return to the Department shall include a
statement | ||||||
9 | of gross receipts as shown by the retailer's last Federal | ||||||
10 | income
tax return. If the total receipts of the business as | ||||||
11 | reported in the
Federal income tax return do not agree with the | ||||||
12 | gross receipts reported to
the Department of Revenue for the | ||||||
13 | same period, the retailer shall attach
to his annual return a | ||||||
14 | schedule showing a reconciliation of the 2
amounts and the | ||||||
15 | reasons for the difference. The retailer's annual
return to the | ||||||
16 | Department shall also disclose the cost of goods sold by
the | ||||||
17 | retailer during the year covered by such return, opening and | ||||||
18 | closing
inventories of such goods for such year, costs of goods | ||||||
19 | used from stock
or taken from stock and given away by the | ||||||
20 | retailer during such year,
payroll information of the | ||||||
21 | retailer's business during such year and any
additional | ||||||
22 | reasonable information which the Department deems would be
| ||||||
23 | helpful in determining the accuracy of the monthly, quarterly | ||||||
24 | or annual
returns filed by such retailer as provided for in | ||||||
25 | this Section. | ||||||
26 | If the annual information return required by this Section |
| |||||||
| |||||||
1 | is not
filed when and as required, the taxpayer shall be liable | ||||||
2 | as 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 | ||||||
14 | ranking
manager shall sign the annual return to certify the | ||||||
15 | accuracy of the
information contained therein. Any person who | ||||||
16 | willfully signs the
annual return containing false or | ||||||
17 | inaccurate information shall be guilty
of perjury and punished | ||||||
18 | accordingly. The annual return form prescribed
by the | ||||||
19 | Department shall include a warning that the person signing the
| ||||||
20 | return may be liable for perjury. | ||||||
21 | The provisions of this Section concerning the filing of an | ||||||
22 | annual
information return do not apply to a retailer who is not | ||||||
23 | required to
file an income tax return with the United States | ||||||
24 | Government. | ||||||
25 | As soon as possible after the first day of each month, upon | ||||||
26 | certification
of the Department of Revenue, the Comptroller |
| |||||||
| |||||||
1 | shall order transferred and
the Treasurer shall transfer from | ||||||
2 | the General Revenue Fund to the Motor
Fuel Tax Fund an amount | ||||||
3 | equal to 1.7% of 80% of the net revenue realized
under this Act | ||||||
4 | for the second preceding
month.
Beginning April 1, 2000, this | ||||||
5 | transfer is no longer required
and shall not be made. | ||||||
6 | Net revenue realized for a month shall be the revenue | ||||||
7 | collected by the
State pursuant to this Act, less the amount | ||||||
8 | paid out during that month as
refunds to taxpayers for | ||||||
9 | overpayment of liability. | ||||||
10 | For greater simplicity of administration, manufacturers, | ||||||
11 | importers
and wholesalers whose products are sold at retail in | ||||||
12 | Illinois by
numerous retailers, and who wish to do so, may | ||||||
13 | assume the responsibility
for accounting and paying to the | ||||||
14 | Department all tax accruing under this
Act with respect to such | ||||||
15 | sales, if the retailers who are affected do not
make written | ||||||
16 | objection to the Department to this arrangement. | ||||||
17 | Any person who promotes, organizes, provides retail | ||||||
18 | selling space for
concessionaires or other types of sellers at | ||||||
19 | the Illinois State Fair, DuQuoin
State Fair, county fairs, | ||||||
20 | local fairs, art shows, flea markets and similar
exhibitions or | ||||||
21 | events, including any transient merchant as defined by Section | ||||||
22 | 2
of the Transient Merchant Act of 1987, is required to file a | ||||||
23 | report with the
Department providing the name of the merchant's | ||||||
24 | business, the name of the
person or persons engaged in | ||||||
25 | merchant's business, the permanent address and
Illinois | ||||||
26 | Retailers Occupation Tax Registration Number of the merchant, |
| |||||||
| |||||||
1 | the
dates and location of the event and other reasonable | ||||||
2 | information that the
Department may require. The report must be | ||||||
3 | filed not later than the 20th day
of the month next following | ||||||
4 | the month during which the event with retail sales
was held. | ||||||
5 | Any person who fails to file a report required by this Section
| ||||||
6 | commits a business offense and is subject to a fine not to | ||||||
7 | exceed $250. | ||||||
8 | Any person engaged in the business of selling tangible | ||||||
9 | personal
property at retail as a concessionaire or other type | ||||||
10 | of seller at the
Illinois State Fair, county fairs, art shows, | ||||||
11 | flea markets and similar
exhibitions or events, or any | ||||||
12 | transient merchants, as defined by Section 2
of the Transient | ||||||
13 | Merchant Act of 1987, may be required to make a daily report
of | ||||||
14 | the amount of such sales to the Department and to make a daily | ||||||
15 | payment of
the full amount of tax due. The Department shall | ||||||
16 | impose this
requirement when it finds that there is a | ||||||
17 | significant risk of loss of
revenue to the State at such an | ||||||
18 | exhibition or event. Such a finding
shall be based on evidence | ||||||
19 | that a substantial number of concessionaires
or other sellers | ||||||
20 | who are not residents of Illinois will be engaging in
the | ||||||
21 | business of selling tangible personal property at retail at the
| ||||||
22 | exhibition or event, or other evidence of a significant risk of | ||||||
23 | loss of revenue
to the State. The Department shall notify | ||||||
24 | concessionaires and other sellers
affected by the imposition of | ||||||
25 | this requirement. In the absence of
notification by the | ||||||
26 | Department, the concessionaires and other sellers
shall file |
| |||||||
| |||||||
1 | their 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, | ||||||
3 | eff. 7-13-09; 96-898, eff. 5-27-10; 96-1012, eff. 7-7-10; | ||||||
4 | revised 7-22-10.) | ||||||
5 | Section 20. The Environmental Protection Act is amended by | ||||||
6 | changing Sections 9, 9.1, 9.6, 9.12, 39, and 39.5 and adding | ||||||
7 | Sections 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" | ||||||
10 | means the air pollutant defined in 40 CFR 86.1818-12(a) as the | ||||||
11 | aggregate group of 6 greenhouse gases: carbon dioxide, nitrous | ||||||
12 | oxide, methane, hydrofluorocarbons, perfluorocarbons, and | ||||||
13 | sulfur 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 | ||||||
17 | any
contaminant into the environment in any State so as to | ||||||
18 | cause or tend to
cause air pollution in Illinois, either alone | ||||||
19 | or in combination with
contaminants from other sources, or so | ||||||
20 | as to violate regulations or
standards adopted by the Board | ||||||
21 | under this Act . ;
| ||||||
22 | (b) Construct, install, or operate any equipment, | ||||||
23 | facility, vehicle,
vessel, or aircraft capable of causing or |
| |||||||
| |||||||
1 | contributing to air pollution or
designed to prevent air | ||||||
2 | pollution, of any type designated by Board
regulations, (1) | ||||||
3 | without a permit granted by the Agency unless otherwise exempt | ||||||
4 | by this Act or Board regulations , or (2) in violation of any
| ||||||
5 | conditions imposed by such permit . ;
| ||||||
6 | (c) Cause or allow the open burning of refuse, conduct any | ||||||
7 | salvage
operation by open burning, or cause or allow the | ||||||
8 | burning of any refuse in
any chamber not specifically designed | ||||||
9 | for the purpose and approved by the
Agency pursuant to | ||||||
10 | regulations adopted by the Board under this Act; except
that | ||||||
11 | the Board may adopt regulations permitting open burning of | ||||||
12 | refuse in
certain cases upon a finding that no harm will result | ||||||
13 | from such burning, or
that any alternative method of disposing | ||||||
14 | of such refuse would create a
safety hazard so extreme as to | ||||||
15 | justify the pollution that would result from
such burning . ;
| ||||||
16 | (d) Sell, offer, or use any fuel or other article in any | ||||||
17 | areas in which
the Board may by regulation forbid its sale, | ||||||
18 | offer, or use for reasons of
air-pollution control . ;
| ||||||
19 | (e) Use, cause or allow the spraying of loose asbestos for | ||||||
20 | the purpose
of fireproofing or insulating any building or | ||||||
21 | building material or other
constructions, or otherwise use | ||||||
22 | asbestos in such unconfined manner as to
permit asbestos fibers | ||||||
23 | or particles to pollute the air . ;
| ||||||
24 | (f) Commencing July 1, 1985, sell any used oil for burning | ||||||
25 | or incineration
in any incinerator, boiler, furnace, burner or | ||||||
26 | other equipment unless such
oil meets standards based on virgin |
| |||||||
| |||||||
1 | fuel oil or re-refined oil, as defined
in ASTM D-396 or | ||||||
2 | specifications under VV-F-815C promulgated pursuant to the
| ||||||
3 | federal Energy Policy and Conservation Act, and meets the | ||||||
4 | manufacturer's
and current NFDA code standards for which such | ||||||
5 | incinerator, boiler,
furnace, burner or other equipment was | ||||||
6 | approved, except that this
prohibition does not apply to a sale | ||||||
7 | to a permitted used oil re-refining or
reprocessing facility or | ||||||
8 | sale to a facility permitted by the Agency to burn
or | ||||||
9 | incinerate such oil.
| ||||||
10 | Nothing herein shall limit the effect of any section of | ||||||
11 | this Title with
respect to any form of asbestos, or the | ||||||
12 | spraying of any form of asbestos,
or limit the power of the | ||||||
13 | Board under this Title to adopt additional and
further | ||||||
14 | regulations with respect to any form of asbestos, or the | ||||||
15 | spraying
of any form of asbestos.
| ||||||
16 | This Section shall not limit the burning of landscape waste | ||||||
17 | upon the
premises where it is produced or at sites provided and | ||||||
18 | supervised by any
unit of local government, except within any | ||||||
19 | county having a population of
more than 400,000. Nothing in | ||||||
20 | this Section shall prohibit the burning of
landscape waste for | ||||||
21 | agricultural purposes, habitat management (including but
not | ||||||
22 | limited to forest and prairie reclamation), or firefighter | ||||||
23 | training. For
the purposes of this Act, the burning of | ||||||
24 | landscape waste by production
nurseries shall be considered to | ||||||
25 | be burning for agricultural purposes.
| ||||||
26 | Any grain elevator located outside of a major population |
| |||||||
| |||||||
1 | area, as defined
in Section 211.3610 of Title 35 of the | ||||||
2 | Illinois Administrative Code, shall be
exempt from the | ||||||
3 | requirements of Section 212.462 of Title 35 of the
Illinois | ||||||
4 | Administrative Code provided that the elevator: (1) does not | ||||||
5 | violate
the prohibitions of subsection (a) of this Section or | ||||||
6 | have a certified
investigation, as defined in Section 211.970 | ||||||
7 | of Title 35 of the Illinois
Administrative Code, on file with | ||||||
8 | the Agency and (2) is not required to obtain
a Clean Air Act | ||||||
9 | Permit Program permit pursuant to Section 39.5.
| ||||||
10 | Notwithstanding the above exemption, new stationary source | ||||||
11 | performance
standards for grain elevators,
established | ||||||
12 | pursuant to Section 9.1 of this Act and Section 111 of the | ||||||
13 | federal
Clean Air Act, shall continue to apply to grain | ||||||
14 | elevators.
| ||||||
15 | (Source: P.A. 88-488; 89-328, eff. 8-17-95; 89-491, eff. | ||||||
16 | 6-21-96.)
| ||||||
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 | ||||||
19 | Clean Air
Act, as amended, and regulations adopted pursuant | ||||||
20 | thereto establish complex
and detailed provisions for | ||||||
21 | State-federal cooperation in the field of air
pollution | ||||||
22 | control, provide for a Prevention of Significant Deterioration
| ||||||
23 | program to regulate the issuance of preconstruction permits to | ||||||
24 | insure that
economic growth will occur in a manner consistent | ||||||
25 | with the preservation
of existing clean air resources, and also |
| |||||||
| |||||||
1 | provide for plan requirements for
nonattainment areas to | ||||||
2 | regulate the construction, modification and operation
of | ||||||
3 | sources of air pollution to insure that economic growth will | ||||||
4 | occur in
a manner consistent with the goal of achieving the | ||||||
5 | national ambient air
quality standards, and that the General | ||||||
6 | Assembly cannot conveniently or
advantageously set forth in | ||||||
7 | this Act all the requirements of such
federal Act or all | ||||||
8 | regulations which may be established thereunder.
| ||||||
9 | It is the purpose of this Section to avoid the existence of | ||||||
10 | duplicative,
overlapping or conflicting State and federal | ||||||
11 | regulatory systems.
| ||||||
12 | (b) The provisions of Section 111 of the federal Clean Air | ||||||
13 | Act (42
USC 7411), as amended, relating to standards of | ||||||
14 | performance for new
stationary sources, and Section 112 of the | ||||||
15 | federal Clean Air Act (42 USC
7412), as amended, relating to | ||||||
16 | the establishment of national emission
standards for hazardous | ||||||
17 | air pollutants are applicable in this State and are
enforceable | ||||||
18 | under this Act. Any such enforcement shall be stayed
consistent | ||||||
19 | with any stay granted in any federal judicial action to review
| ||||||
20 | such standards. Enforcement shall be consistent with the | ||||||
21 | results of any
such judicial review.
| ||||||
22 | (c) The Board may adopt regulations establishing permit | ||||||
23 | programs meeting
the requirements of Sections 165 and 173 of | ||||||
24 | the Clean Air Act (42 USC 7475
and 42 USC 7503) as amended. The | ||||||
25 | Agency may adopt procedures for the
administration of such | ||||||
26 | programs.
|
| |||||||
| |||||||
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 | ||||||
21 | Implementation
Plan for ozone the volatile organic compounds | ||||||
22 | which have been determined
by the U.S. Environmental Protection | ||||||
23 | Agency to be exempt from regulation
under state implementation | ||||||
24 | plans for ozone due to negligible photochemical
reactivity. In | ||||||
25 | accordance with subsection (b) of Section 7.2, the Board
shall | ||||||
26 | adopt regulations identical in substance to the U.S. |
| |||||||
| |||||||
1 | Environmental
Protection Agency exemptions or deletion of | ||||||
2 | exemptions published in policy
statements on the control of | ||||||
3 | volatile organic compounds in the Federal
Register by amending | ||||||
4 | the list of exemptions to the Board's definition of
volatile | ||||||
5 | organic material found at 35 Ill. Adm. Code Part 211. The
| ||||||
6 | provisions and requirements of Title VII of this Act shall not | ||||||
7 | apply to
regulations adopted under this subsection. Section | ||||||
8 | 5-35 of the Illinois
Administrative Procedure Act, relating to | ||||||
9 | procedures for rulemaking, does not
apply to regulations | ||||||
10 | adopted under this subsection. However, the Board shall
provide | ||||||
11 | for notice, a hearing if required by the U.S. Environmental | ||||||
12 | Protection
Agency, and public comment before adopted rules are | ||||||
13 | filed with the Secretary of
State. The Board may consolidate | ||||||
14 | into a single rulemaking under this subsection
all such federal | ||||||
15 | policy statements published in the Federal Register within a
| ||||||
16 | period of time not to exceed 6 months.
| ||||||
17 | (f) If a complete application for a permit renewal is | ||||||
18 | submitted
to the Agency at least 90 days prior to expiration of | ||||||
19 | the permit, all
of the terms and conditions of the permit shall | ||||||
20 | remain in effect until
final administrative action has been | ||||||
21 | taken 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 |
| |||||||
| |||||||
1 | permit is required,
other than a site permitted solely as a | ||||||
2 | retail liquid dispensing facility
that has air pollution | ||||||
3 | control equipment or an agrichemical facility with an
endorsed | ||||||
4 | permit pursuant to Section 39.4, the owner or operator of that | ||||||
5 | site
shall pay an initial annual fee to the Agency within 30 | ||||||
6 | days of receipt of the
permit and an annual fee each year | ||||||
7 | thereafter for as long as a permit is in
effect. The owner or | ||||||
8 | operator of a portable emission unit, as defined in 35
Ill. | ||||||
9 | Adm. Code 201.170, may change the site of any unit previously | ||||||
10 | permitted
without paying an additional fee under this Section | ||||||
11 | for each site change,
provided that no further change to the | ||||||
12 | permit is otherwise necessary or
requested.
| ||||||
13 | (b) The Notwithstanding any rules to the contrary, the | ||||||
14 | following 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 |
| |||||||
| |||||||
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 | ||||||
20 | subsection paragraphs (b) (1),
(b)(2), or (b)(3) of this Section | ||||||
21 | that becomes subject to Section 39.5
of this Act shall continue | ||||||
22 | to pay the fee set forth in this Section until the
site source | ||||||
23 | becomes subject to the CAAPP fee set forth within subsection 18 | ||||||
24 | of Section
39.5 of this Act. If an owner or operator In the | ||||||
25 | event a site has paid a fee under this Section during
the | ||||||
26 | 12-month 12 month period following the effective date of the |
| |||||||
| |||||||
1 | CAAPP for that
site, the fee amount
of that fee shall be | ||||||
2 | deducted from the any amount due under subsection 18 of Section | ||||||
3 | 39.5 of
this Act. Owners or operators that are subject to | ||||||
4 | paragraph (b)(1), (b)(2), or
(b)(3) of this Section, but that | ||||||
5 | are not also subject to Section
39.5, or excluded pursuant to | ||||||
6 | subsection 1.1 or subsection 3(c)
of Section 39.5 shall | ||||||
7 | continue 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 | ||||||
10 | any
site, even if such site receives more than one air | ||||||
11 | pollution control permit.
| ||||||
12 | (e) The Agency shall establish procedures for the | ||||||
13 | collection of air
pollution site fees. Air pollution site fees | ||||||
14 | may be paid annually, or in
advance for the number of years for | ||||||
15 | which the permit is issued, at the option
of the owner or | ||||||
16 | operator. Payment in advance does not exempt the owner or
| ||||||
17 | operator from paying any increase in the fee that may occur | ||||||
18 | during the term of
the permit; the owner or operator must pay | ||||||
19 | the amount of the increase upon
and from the effective date of | ||||||
20 | the increase.
| ||||||
21 | (f) The Agency may deny an application for the issuance, | ||||||
22 | transfer, or
renewal of an air pollution operating permit if | ||||||
23 | any air pollution site fee
owed by the applicant has not been | ||||||
24 | paid within 60 days of the due date, unless
the applicant, at | ||||||
25 | the time of application, pays to the Agency in advance the
air | ||||||
26 | pollution site fee for the site that is the subject of the |
| |||||||
| |||||||
1 | operating
permit, plus any other air pollution site fees then | ||||||
2 | owed by the applicant.
The denial of an air pollution operating | ||||||
3 | permit for failure to pay an air
pollution site fee shall be | ||||||
4 | subject to review by the Board pursuant to the
provisions of | ||||||
5 | subsection (a) of Section 40 of this Act.
| ||||||
6 | (g) If the Agency determines that an owner or operator of a | ||||||
7 | site was
required, but failed, to timely obtain an air | ||||||
8 | pollution operating permit,
and as a result avoided the payment | ||||||
9 | of permit fees, the Agency may collect the
avoided permit fees | ||||||
10 | with or without pursuing enforcement under Section 31 of
this | ||||||
11 | Act. The avoided permit fees shall be calculated as double the | ||||||
12 | amount
that would have been owed had a permit been timely | ||||||
13 | obtained. Fees collected
pursuant to this subsection (g) shall | ||||||
14 | be deposited into the Environmental
Protection Permit and | ||||||
15 | Inspection Fund.
| ||||||
16 | (h) If the Agency determines that an owner or operator of a | ||||||
17 | site was
required, but failed, to timely obtain an air | ||||||
18 | pollution operating permit and
as a result avoided the payment | ||||||
19 | of permit fees, an enforcement action may be
brought under | ||||||
20 | Section 31 of this Act. In addition to any other relief that
| ||||||
21 | may be obtained as part of this action, the Agency may seek to | ||||||
22 | recover the
avoided permit fees. The avoided permit fees shall | ||||||
23 | be calculated as double
the amount that would have been owed | ||||||
24 | had a permit been timely obtained. Fees
collected pursuant to | ||||||
25 | this subsection (h) shall be deposited into the
Environmental | ||||||
26 | Protection Permit and Inspection Fund.
|
| |||||||
| |||||||
1 | (i) If a permittee subject to a fee under this
Section | ||||||
2 | fails to pay the fee within 90 days of its due date, or makes | ||||||
3 | the
fee payment from an account with insufficient funds to | ||||||
4 | cover the amount of the
fee payment, the Agency shall notify | ||||||
5 | the permittee of the failure to pay the
fee. If the permittee | ||||||
6 | fails to pay the fee within 60 days after such
notification, | ||||||
7 | the Agency may, by written notice, immediately revoke the air
| ||||||
8 | pollution operating permit. Failure of the Agency to notify the | ||||||
9 | permittee of
failure to pay a fee due under this Section, or | ||||||
10 | the payment of the fee from
an account with insufficient funds | ||||||
11 | to cover the amount of the fee payment, does
not excuse or | ||||||
12 | alter the duty of the permittee to comply with the provisions | ||||||
13 | of
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 | ||||||
17 | sources.
| ||||||
18 | (a) An applicant for a new or revised air pollution | ||||||
19 | construction permit
shall pay a fee, as established in this | ||||||
20 | Section, to the Agency at the time that
he or she submits the | ||||||
21 | application for a construction permit. Except as set
forth | ||||||
22 | below, the fee for each activity or category listed in this | ||||||
23 | Section is
separate and is cumulative with any other applicable | ||||||
24 | fee listed in this
Section.
| ||||||
25 | (b) The fee amounts in this subsection (b) apply to |
| |||||||
| |||||||
1 | construction permit
applications relating to (i) a source | ||||||
2 | subject to Section 39.5 of this Act
(the Clean Air Act Permit | ||||||
3 | Program); (ii) a source that, upon issuance of the
requested | ||||||
4 | construction permit, will become a major source subject to | ||||||
5 | Section
39.5; or (iii) a source that has or will require a | ||||||
6 | federally enforceable
State operating permit limiting its | ||||||
7 | potential 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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
7 | construction permit
applications relating to a source that, | ||||||
8 | upon issuance of the construction
permit, will not (i) be or | ||||||
9 | become subject to Section 39.5 of this Act (the
Clean Air Act | ||||||
10 | Permit Program) or (ii) have or require a federally enforceable
| ||||||
11 | state 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:
|
| |||||||
| |||||||
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 | ||||||
19 | construction permit
application addressing one or more of the | ||||||
20 | following 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.
|
| |||||||
| |||||||
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 | ||||||
13 | issued permit
that involves only an Agency error, if the | ||||||
14 | request is received within the
deadline for a permit appeal to | ||||||
15 | the Pollution Control Board.
| ||||||
16 | (f) The applicant for a new or revised air pollution | ||||||
17 | construction permit
shall submit to the Agency, with the | ||||||
18 | construction permit application, both a
certification of the | ||||||
19 | fee that he or she estimates to be due under this
Section and | ||||||
20 | the fee itself.
| ||||||
21 | (g) Notwithstanding the requirements of subsection (a) of | ||||||
22 | Section 39 (a) of this Act, the
application for an air pollution | ||||||
23 | construction permit shall not be deemed to
be filed with the | ||||||
24 | Agency until the Agency receives the initial air pollution
| ||||||
25 | construction permit application fee and the certified estimate | ||||||
26 | of the fee
required by this Section. Unless the Agency has |
| |||||||
| |||||||
1 | received the initial air
pollution construction permit | ||||||
2 | application fee and the certified estimate of the
fee required | ||||||
3 | by this Section, the Agency is not required to review or | ||||||
4 | process
the application.
| ||||||
5 | (h) If the Agency determines at any time that a | ||||||
6 | construction permit
application is subject to an additional fee | ||||||
7 | under this Section that the
applicant has not submitted, the | ||||||
8 | Agency shall notify the applicant in writing
of the amount due | ||||||
9 | under this Section. The applicant shall have 60 days to
remit | ||||||
10 | the assessed fee to the Agency.
| ||||||
11 | If the proper fee established under this Section is not | ||||||
12 | submitted within 60
days after the request for further | ||||||
13 | remittance:
| ||||||
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 | ||||||
24 | excuse the
applicant from the duty of paying the fees required | ||||||
25 | under this Section.
| ||||||
26 | (i) The Agency may deny the issuance of a pending air |
| |||||||
| |||||||
1 | pollution
construction permit or the subsequent operating | ||||||
2 | permit if the applicant
has not paid the required fees by the | ||||||
3 | date required for issuance of the
permit. The denial or | ||||||
4 | revocation of a permit for failure to pay a
construction permit | ||||||
5 | fee is subject to review by the Board pursuant to the
| ||||||
6 | provisions of subsection (a) of Section 40 of this Act.
| ||||||
7 | (j) If the owner or operator undertakes construction | ||||||
8 | without obtaining
an air pollution construction permit, the fee | ||||||
9 | under this Section is still
required. Payment of the required | ||||||
10 | fee does not preclude the Agency or
the Attorney General or | ||||||
11 | other authorized persons from pursuing enforcement
against the | ||||||
12 | applicant for failure to have an air pollution construction | ||||||
13 | permit
prior to commencing construction.
| ||||||
14 | (k) If an air pollution construction permittee makes a fee | ||||||
15 | payment under
this Section from an account with insufficient | ||||||
16 | funds to cover the amount of
the fee payment, the Agency shall | ||||||
17 | notify the permittee of the failure to pay
the fee. If the | ||||||
18 | permittee fails to pay the fee within 60 days after such
| ||||||
19 | notification, the Agency may, by written notice, immediately | ||||||
20 | revoke the air
pollution construction permit. Failure of the | ||||||
21 | Agency to notify the permittee
of the permittee's failure to | ||||||
22 | make payment does not excuse or alter the duty
of the permittee | ||||||
23 | to comply with the provisions of this Section.
| ||||||
24 | (l) The Agency may establish procedures for the collection | ||||||
25 | of air
pollution construction permit fees.
| ||||||
26 | (m) Fees collected pursuant to this Section shall be |
| |||||||
| |||||||
1 | deposited into the
Environmental Protection Permit and | ||||||
2 | Inspection 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 | ||||||
7 | Section, the owner or operator of an eligible source shall | ||||||
8 | annually register with the Agency instead of complying with the | ||||||
9 | requirement to obtain an air pollution construction or | ||||||
10 | operating permit under this Act. The criteria for determining | ||||||
11 | an 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 |
| |||||||
| |||||||
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 | ||||||
11 | payment of the required fee as specified in subsection (c) of | ||||||
12 | this Section, shall provide the owner or operator of the | ||||||
13 | eligible source with an exemption from the requirement to | ||||||
14 | obtain an air pollution construction or operating permit under | ||||||
15 | this Act. The registration of smaller sources program does not | ||||||
16 | relieve an owner or operator from the obligation to comply with | ||||||
17 | any other applicable rules or regulations. | ||||||
18 | (c) The owner or operator of an eligible source shall pay | ||||||
19 | an annual registration fee of $235 to the Agency at the time of | ||||||
20 | registration submittal and each year thereafter. Fees | ||||||
21 | collected under this Section shall be deposited into the | ||||||
22 | Environmental Protection Permit and Inspection Fund. | ||||||
23 | (d) The Agency shall propose rules to implement the | ||||||
24 | registration of smaller sources program. Within 120 days after | ||||||
25 | the Agency proposes those rules, the Board shall adopt rules to | ||||||
26 | implement the registration of smaller sources program. These |
| |||||||
| |||||||
1 | rules may be subsequently amended from time to time pursuant to | ||||||
2 | a proposal filed with the Board by any person, and any | ||||||
3 | necessary amendments shall be adopted by the Board within 120 | ||||||
4 | days after proposal. Such amendments may provide for the | ||||||
5 | alteration or revision of the initial criteria included in | ||||||
6 | subsection (a) of this Section. Subsection (b) of Section 27 of | ||||||
7 | this Act and the rulemaking provisions of the Illinois | ||||||
8 | Administrative Procedure Act do not apply to rules adopted by | ||||||
9 | the 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 | ||||||
13 | required due to emissions of greenhouse gases if the equipment, | ||||||
14 | site, or source is not subject to regulation, as defined by 40 | ||||||
15 | CFR 52.21, as now or hereafter amended, for greenhouse gases. | ||||||
16 | This exemption does not relieve an owner or operator from the | ||||||
17 | obligation to comply with other applicable rules or | ||||||
18 | regulations. | ||||||
19 | (b) An air pollution operating permit shall not be required | ||||||
20 | due to emissions of greenhouse gases if the equipment, site, or | ||||||
21 | source is not subject to regulation, as defined by Section 39.5 | ||||||
22 | of this Act, for greenhouse gases. This exemption does not | ||||||
23 | relieve an owner or operator from the obligation to comply with | ||||||
24 | other applicable rules or regulations. | ||||||
25 | (c) Notwithstanding any provision to the contrary in this |
| |||||||
| |||||||
1 | Section, an air pollution construction or operating permit | ||||||
2 | shall not be required due to emissions of greenhouse gases if | ||||||
3 | any 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 | ||||||
16 | from the obligation to comply with applicable rules or | ||||||
17 | regulations other than those relating to greenhouse gases. | ||||||
18 | (d) If any event listed in subsection (c) of this Section | ||||||
19 | occurs, permits issued after such event shall not impose permit | ||||||
20 | terms or conditions addressing greenhouse gases during the | ||||||
21 | effectiveness of any event listed in subsection (c). | ||||||
22 | (e) If an event listed in subsection (c) of this Section | ||||||
23 | occurs, any owner or operator with a permit that includes terms | ||||||
24 | or conditions addressing greenhouse gases may elect to submit | ||||||
25 | an application to the Agency to address a revision or repeal of | ||||||
26 | such terms or conditions. The Agency shall expeditiously |
| |||||||
| |||||||
1 | process such permit application in accordance with applicable | ||||||
2 | laws 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
| ||||||
6 | the construction, installation, or operation of any type of | ||||||
7 | facility,
equipment, vehicle, vessel, or aircraft, the | ||||||
8 | applicant shall apply to
the Agency for such permit and it | ||||||
9 | shall be the duty of the Agency to
issue such a permit upon | ||||||
10 | proof by the applicant that the facility,
equipment, vehicle, | ||||||
11 | vessel, or aircraft will not cause a violation of
this Act or | ||||||
12 | of regulations hereunder. The Agency shall adopt such
| ||||||
13 | procedures as are necessary to carry out its duties under this | ||||||
14 | Section.
In making its determinations on permit applications | ||||||
15 | under this Section the Agency may consider prior adjudications | ||||||
16 | of
noncompliance with this Act by the applicant that involved a | ||||||
17 | release of a
contaminant into the environment. In granting | ||||||
18 | permits, the Agency
may impose reasonable conditions | ||||||
19 | specifically related to the applicant's past
compliance | ||||||
20 | history with this Act as necessary to correct, detect, or
| ||||||
21 | prevent noncompliance. The Agency may impose such other | ||||||
22 | conditions
as may be necessary to accomplish the purposes of | ||||||
23 | this Act, and as are not
inconsistent with the regulations | ||||||
24 | promulgated by the Board hereunder. Except as
otherwise | ||||||
25 | provided in this Act, a bond or other security shall not be |
| |||||||
| |||||||
1 | required
as a condition for the issuance of a permit. If the | ||||||
2 | Agency denies any permit
under this Section, the Agency shall | ||||||
3 | transmit to the applicant within the time
limitations of this | ||||||
4 | Section specific, detailed statements as to the reasons the
| ||||||
5 | permit application was denied. Such statements shall include, | ||||||
6 | but 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 | ||||||
19 | after the
filing of the application for permit, the applicant | ||||||
20 | may deem the permit
issued; except that this time period shall | ||||||
21 | be extended to 180 days when
(1) notice and opportunity for | ||||||
22 | public hearing are required by State or
federal law or | ||||||
23 | regulation, (2) the application which was filed is for
any | ||||||
24 | permit to develop a landfill subject to issuance pursuant to | ||||||
25 | this
subsection, or (3) the application that was filed is for a | ||||||
26 | MSWLF unit
required to issue public notice under subsection (p) |
| |||||||
| |||||||
1 | of Section 39. The
90-day and 180-day time periods for the | ||||||
2 | Agency to take final action do not
apply to NPDES permit | ||||||
3 | applications under subsection (b) of this Section,
to RCRA | ||||||
4 | permit applications under subsection (d) of this Section, or
to | ||||||
5 | UIC permit applications under subsection (e) of this Section.
| ||||||
6 | The Agency shall publish notice of all final permit | ||||||
7 | determinations for
development permits for MSWLF units and for | ||||||
8 | significant permit modifications
for lateral expansions for | ||||||
9 | existing MSWLF units one time in a newspaper of
general | ||||||
10 | circulation in the county in which the unit is or is proposed | ||||||
11 | to be
located.
| ||||||
12 | After January 1, 1994 and until July 1, 1998, operating | ||||||
13 | permits issued under
this Section by the
Agency for sources of | ||||||
14 | air pollution permitted to emit less than 25 tons
per year of | ||||||
15 | any combination of regulated air pollutants, as defined in
| ||||||
16 | Section 39.5 of this Act, shall be required to be renewed only | ||||||
17 | upon written
request by the Agency consistent with applicable | ||||||
18 | provisions of this Act and
regulations promulgated hereunder. | ||||||
19 | Such operating permits shall expire
180 days after the date of | ||||||
20 | such a request. The Board shall revise its
regulations for the | ||||||
21 | existing State air pollution operating permit program
| ||||||
22 | consistent with this provision by January 1, 1994.
| ||||||
23 | After June 30, 1998, operating permits issued under this | ||||||
24 | Section by the
Agency for sources of air pollution that are not | ||||||
25 | subject to Section 39.5 of
this Act and are not required to | ||||||
26 | have a federally enforceable State operating
permit shall be |
| |||||||
| |||||||
1 | required to be renewed only upon written request by the Agency
| ||||||
2 | consistent with applicable provisions of this Act and its | ||||||
3 | rules. Such
operating permits shall expire 180 days after the | ||||||
4 | date of such a request.
Before July 1, 1998, the Board shall | ||||||
5 | revise its rules for the existing State
air pollution operating | ||||||
6 | permit program consistent with this paragraph and shall
adopt | ||||||
7 | rules that require a source to demonstrate that it qualifies | ||||||
8 | for a permit
under this paragraph.
| ||||||
9 | (b) The Agency may issue NPDES permits exclusively under | ||||||
10 | this
subsection for the discharge of contaminants from point | ||||||
11 | sources into
navigable waters, all as defined in the Federal | ||||||
12 | Water Pollution Control
Act, as now or hereafter amended, | ||||||
13 | within the jurisdiction of the
State, or into any well.
| ||||||
14 | All NPDES permits shall contain those terms and conditions, | ||||||
15 | including
but not limited to schedules of compliance, which may | ||||||
16 | be required to
accomplish the purposes and provisions of this | ||||||
17 | Act.
| ||||||
18 | The Agency may issue general NPDES permits for discharges | ||||||
19 | from categories
of point sources which are subject to the same | ||||||
20 | permit limitations and
conditions. Such general permits may be | ||||||
21 | issued without individual
applications and shall conform to | ||||||
22 | regulations promulgated under Section 402
of the Federal Water | ||||||
23 | Pollution Control Act, as now or hereafter amended.
| ||||||
24 | The Agency may include, among such conditions, effluent | ||||||
25 | limitations
and other requirements established under this Act, | ||||||
26 | Board regulations,
the Federal Water Pollution Control Act, as |
| |||||||
| |||||||
1 | now or hereafter amended, and
regulations pursuant thereto, and | ||||||
2 | schedules for achieving compliance
therewith at the earliest | ||||||
3 | reasonable date.
| ||||||
4 | The Agency shall adopt filing requirements and procedures | ||||||
5 | which are
necessary and appropriate for the issuance of NPDES | ||||||
6 | permits, and which
are consistent with the Act or regulations | ||||||
7 | adopted by the Board, and
with the Federal Water Pollution | ||||||
8 | Control Act, as now or hereafter
amended, and regulations | ||||||
9 | pursuant thereto.
| ||||||
10 | The Agency, subject to any conditions which may be | ||||||
11 | prescribed by
Board regulations, may issue NPDES permits to | ||||||
12 | allow discharges beyond
deadlines established by this Act or by | ||||||
13 | regulations of the Board without
the requirement of a variance, | ||||||
14 | subject to the Federal Water Pollution
Control Act, as now or | ||||||
15 | hereafter amended, and regulations pursuant thereto.
| ||||||
16 | (c) Except for those facilities owned or operated by | ||||||
17 | sanitary districts
organized under the Metropolitan Water | ||||||
18 | Reclamation District Act, no
permit for the development or | ||||||
19 | construction of a new pollution control
facility may be granted | ||||||
20 | by the Agency unless the applicant submits proof to the
Agency | ||||||
21 | that the location of the facility has been approved by the | ||||||
22 | County Board
of the county if in an unincorporated area, or the | ||||||
23 | governing body of the
municipality when in an incorporated | ||||||
24 | area, in which the facility is to be
located in accordance with | ||||||
25 | Section 39.2 of this Act. For purposes of this subsection (c), | ||||||
26 | and for purposes of Section 39.2 of this Act, the appropriate |
| |||||||
| |||||||
1 | county board or governing body of the municipality shall be the | ||||||
2 | county board of the county or the governing body of the | ||||||
3 | municipality in which the facility is to be located as of the | ||||||
4 | date when the application for siting approval is filed.
| ||||||
5 | In the event that siting approval granted pursuant to | ||||||
6 | Section 39.2 has
been transferred to a subsequent owner or | ||||||
7 | operator, that subsequent owner or
operator may apply to the | ||||||
8 | Agency for, and the Agency may grant, a development
or | ||||||
9 | construction permit for the facility for which local siting | ||||||
10 | approval was
granted. Upon application to the Agency for a | ||||||
11 | development or
construction permit by that subsequent owner or | ||||||
12 | operator,
the permit applicant shall cause written notice of | ||||||
13 | the permit application
to be served upon the appropriate county | ||||||
14 | board or governing body of the
municipality that granted siting | ||||||
15 | approval for that facility and upon any party
to the siting | ||||||
16 | proceeding pursuant to which siting approval was granted. In
| ||||||
17 | that event, the Agency shall conduct an evaluation of the | ||||||
18 | subsequent owner or
operator's prior experience in waste | ||||||
19 | management operations in the manner
conducted under subsection | ||||||
20 | (i) of Section 39 of this Act.
| ||||||
21 | Beginning August 20, 1993, if the pollution control | ||||||
22 | facility consists of a
hazardous or solid waste disposal | ||||||
23 | facility for which the proposed site is
located in an | ||||||
24 | unincorporated area of a county with a population of less than
| ||||||
25 | 100,000 and includes all or a portion of a parcel of land that | ||||||
26 | was, on April 1,
1993, adjacent to a municipality having a |
| |||||||
| |||||||
1 | population of less than 5,000, then
the local siting review | ||||||
2 | required under this subsection (c) in conjunction with
any | ||||||
3 | permit applied for after that date shall be performed by the | ||||||
4 | governing body
of that adjacent municipality rather than the | ||||||
5 | county board of the county in
which the proposed site is | ||||||
6 | located; and for the purposes of that local siting
review, any | ||||||
7 | references in this Act to the county board shall be deemed to | ||||||
8 | mean
the governing body of that adjacent municipality; | ||||||
9 | provided, however, that the
provisions of this paragraph shall | ||||||
10 | not apply to any proposed site which was, on
April 1, 1993, | ||||||
11 | owned in whole or in part by another municipality.
| ||||||
12 | In the case of a pollution control facility for which a
| ||||||
13 | development permit was issued before November 12, 1981, if an | ||||||
14 | operating
permit has not been issued by the Agency prior to | ||||||
15 | August 31, 1989 for
any portion of the facility, then the | ||||||
16 | Agency may not issue or renew any
development permit nor issue | ||||||
17 | an original operating permit for any portion of
such facility | ||||||
18 | unless the applicant has submitted proof to the Agency that the
| ||||||
19 | location of the facility has been approved by the appropriate | ||||||
20 | county board or
municipal governing body pursuant to Section | ||||||
21 | 39.2 of this Act.
| ||||||
22 | After January 1, 1994, if a solid waste
disposal facility, | ||||||
23 | any portion for which an operating permit has been issued by
| ||||||
24 | the Agency, has not accepted waste disposal for 5 or more | ||||||
25 | consecutive calendars
years, before that facility may accept | ||||||
26 | any new or additional waste for
disposal, the owner and |
| |||||||
| |||||||
1 | operator must obtain a new operating permit under this
Act for | ||||||
2 | that facility unless the owner and operator have applied to the | ||||||
3 | Agency
for a permit authorizing the temporary suspension of | ||||||
4 | waste acceptance. The
Agency may not issue a new operation | ||||||
5 | permit under this Act for the facility
unless the applicant has | ||||||
6 | submitted proof to the Agency that the location of the
facility | ||||||
7 | has been approved or re-approved by the appropriate county | ||||||
8 | board or
municipal governing body under Section 39.2 of this | ||||||
9 | Act after the facility
ceased accepting waste.
| ||||||
10 | Except for those facilities owned or operated by sanitary | ||||||
11 | districts
organized under the Metropolitan Water Reclamation | ||||||
12 | District Act, and
except for new pollution control facilities | ||||||
13 | governed by Section 39.2,
and except for fossil fuel mining | ||||||
14 | facilities, the granting of a permit under
this Act shall not | ||||||
15 | relieve the applicant from meeting and securing all
necessary | ||||||
16 | zoning approvals from the unit of government having zoning
| ||||||
17 | jurisdiction over the proposed facility.
| ||||||
18 | Before beginning construction on any new sewage treatment | ||||||
19 | plant or sludge
drying site to be owned or operated by a | ||||||
20 | sanitary district organized under
the Metropolitan Water | ||||||
21 | Reclamation District Act for which a new
permit (rather than | ||||||
22 | the renewal or amendment of an existing permit) is
required, | ||||||
23 | such sanitary district shall hold a public hearing within the
| ||||||
24 | municipality within which the proposed facility is to be | ||||||
25 | located, or within the
nearest community if the proposed | ||||||
26 | facility is to be located within an
unincorporated area, at |
| |||||||
| |||||||
1 | which information concerning the proposed facility
shall be | ||||||
2 | made available to the public, and members of the public shall | ||||||
3 | be given
the opportunity to express their views concerning the | ||||||
4 | proposed facility.
| ||||||
5 | The Agency may issue a permit for a municipal waste | ||||||
6 | transfer station
without requiring approval pursuant to | ||||||
7 | Section 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 | ||||||
23 | this
subsection to persons owning or operating a facility for | ||||||
24 | the treatment,
storage, or disposal of hazardous waste as | ||||||
25 | defined under this Act.
| ||||||
26 | All RCRA permits shall contain those terms and conditions, |
| |||||||
| |||||||
1 | including but
not limited to schedules of compliance, which may | ||||||
2 | be required to accomplish
the purposes and provisions of this | ||||||
3 | Act. The Agency may include among such
conditions standards and | ||||||
4 | other requirements established under this Act,
Board | ||||||
5 | regulations, the Resource Conservation and Recovery Act of 1976 | ||||||
6 | (P.L.
94-580), as amended, and regulations pursuant thereto, | ||||||
7 | and may include
schedules for achieving compliance therewith as | ||||||
8 | soon as possible. The
Agency shall require that a performance | ||||||
9 | bond or other security be provided
as a condition for the | ||||||
10 | issuance of a RCRA permit.
| ||||||
11 | In the case of a permit to operate a hazardous waste or PCB | ||||||
12 | incinerator
as defined in subsection (k) of Section 44, the | ||||||
13 | Agency shall require, as a
condition of the permit, that the | ||||||
14 | operator of the facility perform such
analyses of the waste to | ||||||
15 | be incinerated as may be necessary and appropriate
to ensure | ||||||
16 | the safe operation of the incinerator.
| ||||||
17 | The Agency shall adopt filing requirements and procedures | ||||||
18 | which
are necessary and appropriate for the issuance of RCRA | ||||||
19 | permits, and which
are consistent with the Act or regulations | ||||||
20 | adopted by the Board, and with
the Resource Conservation and | ||||||
21 | Recovery Act of 1976 (P.L. 94-580), as
amended, and regulations | ||||||
22 | pursuant thereto.
| ||||||
23 | The applicant shall make available to the public for | ||||||
24 | inspection all
documents submitted by the applicant to the | ||||||
25 | Agency in furtherance
of an application, with the exception of | ||||||
26 | trade secrets, at the office of
the county board or governing |
| |||||||
| |||||||
1 | body of the municipality. Such documents
may be copied upon | ||||||
2 | payment of the actual cost of reproduction during regular
| ||||||
3 | business hours of the local office. The Agency shall issue a | ||||||
4 | written statement
concurrent with its grant or denial of the | ||||||
5 | permit explaining the basis for its
decision.
| ||||||
6 | (e) The Agency may issue UIC permits exclusively under this
| ||||||
7 | subsection to persons owning or operating a facility for the | ||||||
8 | underground
injection of contaminants as defined under this | ||||||
9 | Act.
| ||||||
10 | All UIC permits shall contain those terms and conditions, | ||||||
11 | including but
not limited to schedules of compliance, which may | ||||||
12 | be required to accomplish
the purposes and provisions of this | ||||||
13 | Act. The Agency may include among such
conditions standards and | ||||||
14 | other requirements established under this Act,
Board | ||||||
15 | regulations, the Safe Drinking Water Act (P.L. 93-523), as | ||||||
16 | amended,
and regulations pursuant thereto, and may include | ||||||
17 | schedules for achieving
compliance therewith. The Agency shall | ||||||
18 | require that a performance bond or
other security be provided | ||||||
19 | as a condition for the issuance of a UIC permit.
| ||||||
20 | The Agency shall adopt filing requirements and procedures | ||||||
21 | which
are necessary and appropriate for the issuance of UIC | ||||||
22 | permits, and which
are consistent with the Act or regulations | ||||||
23 | adopted 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 | ||||||
26 | inspection, all
documents submitted by the applicant to the |
| |||||||
| |||||||
1 | Agency in furtherance of an
application, with the exception of | ||||||
2 | trade secrets, at the office of the county
board or governing | ||||||
3 | body of the municipality. Such documents may be copied upon
| ||||||
4 | payment of the actual cost of reproduction during regular | ||||||
5 | business hours of the
local office. The Agency shall issue a | ||||||
6 | written statement concurrent with its
grant or denial of the | ||||||
7 | permit explaining the basis for its decision.
| ||||||
8 | (f) In making any determination pursuant to Section 9.1 of | ||||||
9 | this 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 |
| |||||||
| |||||||
1 | Illinois Administrative Procedure Act.
| ||||||
2 | (g) The Agency shall include as conditions upon all permits | ||||||
3 | issued for
hazardous waste disposal sites such restrictions | ||||||
4 | upon the future use
of such sites as are reasonably necessary | ||||||
5 | to protect public health and
the environment, including | ||||||
6 | permanent prohibition of the use of such
sites for purposes | ||||||
7 | which may create an unreasonable risk of injury to human
health | ||||||
8 | or to the environment. After administrative and judicial | ||||||
9 | challenges
to such restrictions have been exhausted, the Agency | ||||||
10 | shall file such
restrictions of record in the Office of the | ||||||
11 | Recorder of the county in which
the hazardous waste disposal | ||||||
12 | site is located.
| ||||||
13 | (h) A hazardous waste stream may not be deposited in a | ||||||
14 | permitted hazardous
waste site unless specific authorization | ||||||
15 | is obtained from the Agency by the
generator and disposal site | ||||||
16 | owner and operator for the deposit of that specific
hazardous | ||||||
17 | waste stream. The Agency may grant specific authorization for
| ||||||
18 | disposal of hazardous waste streams only after the generator | ||||||
19 | has reasonably
demonstrated that, considering
technological | ||||||
20 | feasibility and economic reasonableness, the hazardous waste
| ||||||
21 | cannot be reasonably recycled for reuse, nor incinerated or | ||||||
22 | chemically,
physically or biologically treated so as to | ||||||
23 | neutralize the hazardous waste
and render it nonhazardous. In | ||||||
24 | granting authorization under this Section,
the Agency may | ||||||
25 | impose such conditions as may be necessary to accomplish
the | ||||||
26 | purposes of the Act and are consistent with this Act and |
| |||||||
| |||||||
1 | regulations
promulgated by the Board hereunder. If the Agency | ||||||
2 | refuses to grant
authorization under this Section, the | ||||||
3 | applicant may appeal as if the Agency
refused to grant a | ||||||
4 | permit, pursuant to the provisions of subsection (a) of
Section | ||||||
5 | 40 of this Act. For purposes of this subsection (h), the term
| ||||||
6 | "generator" has the meaning given in Section 3.205 of this Act,
| ||||||
7 | unless: (1) the hazardous waste is treated, incinerated, or | ||||||
8 | partially recycled
for reuse prior to disposal, in which case | ||||||
9 | the last person who treats,
incinerates, or partially recycles | ||||||
10 | the hazardous waste prior to disposal is the
generator; or (2) | ||||||
11 | the hazardous waste is from a response action, in which case
| ||||||
12 | the person performing the response action is the generator. | ||||||
13 | This subsection
(h) does not apply to any hazardous waste that | ||||||
14 | is restricted from land disposal
under 35 Ill. Adm. Code 728.
| ||||||
15 | (i) Before issuing any RCRA permit, any permit for a waste | ||||||
16 | storage site,
sanitary landfill, waste disposal site, waste | ||||||
17 | transfer station, waste treatment
facility, waste incinerator, | ||||||
18 | or any waste-transportation operation, or any permit or interim | ||||||
19 | authorization for a clean construction or demolition debris | ||||||
20 | fill operation, the Agency
shall conduct an evaluation of the | ||||||
21 | prospective owner's or operator's prior
experience in waste | ||||||
22 | management operations and clean construction or demolition | ||||||
23 | debris fill operations. The Agency may deny such a permit, or | ||||||
24 | deny or revoke interim authorization,
if the prospective owner | ||||||
25 | or operator or any employee or officer of the
prospective owner | ||||||
26 | or operator has a history of:
|
| |||||||
| |||||||
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 | ||||||
20 | authorization for a clean construction or demolition debris | ||||||
21 | fill operation in which any ownership interest is transferred | ||||||
22 | between January 1, 2005, and the effective date of the | ||||||
23 | prohibition set forth in Section 22.52 of this Act, the Agency | ||||||
24 | shall conduct an evaluation of the operation if any previous | ||||||
25 | activities at the site or facility may have caused or allowed | ||||||
26 | contamination of the site. It shall be the responsibility of |
| |||||||
| |||||||
1 | the owner or operator seeking the permit or interim | ||||||
2 | authorization to provide to the Agency all of the information | ||||||
3 | necessary for the Agency to conduct its evaluation. The Agency | ||||||
4 | may deny a permit or interim authorization if previous | ||||||
5 | activities at the site may have caused or allowed contamination | ||||||
6 | at the site, unless such contamination is authorized under any | ||||||
7 | permit issued by the Agency.
| ||||||
8 | (j) The issuance under this Act of a permit to engage in | ||||||
9 | the surface mining
of any resources other than fossil fuels | ||||||
10 | shall not relieve
the permittee from its duty to comply with | ||||||
11 | any applicable local law regulating
the commencement, location | ||||||
12 | or operation of surface mining facilities.
| ||||||
13 | (k) A development permit issued under subsection (a) of | ||||||
14 | Section 39 for any
facility or site which is required to have a | ||||||
15 | permit under subsection (d) of
Section 21 shall expire at the | ||||||
16 | end of 2 calendar years from the date upon which
it was issued, | ||||||
17 | unless within that period the applicant has taken action to
| ||||||
18 | develop the facility or the site. In the event that review of | ||||||
19 | the
conditions of the development permit is sought pursuant to | ||||||
20 | Section 40 or
41, or permittee is prevented from commencing | ||||||
21 | development of the facility
or site by any other litigation | ||||||
22 | beyond the permittee's control, such
two-year period shall be | ||||||
23 | deemed to begin on the date upon which such review
process or | ||||||
24 | litigation is concluded.
| ||||||
25 | (l) No permit shall be issued by the Agency under this Act | ||||||
26 | for
construction or operation of any facility or site located |
| |||||||
| |||||||
1 | within the
boundaries of any setback zone established pursuant | ||||||
2 | to this Act, where such
construction or operation is | ||||||
3 | prohibited.
| ||||||
4 | (m) The Agency may issue permits to persons owning or | ||||||
5 | operating
a facility for composting landscape waste. In | ||||||
6 | granting such permits, the Agency
may impose such conditions as | ||||||
7 | may be necessary to accomplish the purposes of
this Act, and as | ||||||
8 | are not inconsistent with applicable regulations promulgated
| ||||||
9 | by the Board. Except as otherwise provided in this Act, a bond | ||||||
10 | or other
security shall not be required as a condition for the | ||||||
11 | issuance of a permit. If
the Agency denies any permit pursuant | ||||||
12 | to this subsection, the Agency shall
transmit to the applicant | ||||||
13 | within the time limitations of this subsection
specific, | ||||||
14 | detailed statements as to the reasons the permit application | ||||||
15 | was
denied. Such statements shall include but not be limited to | ||||||
16 | the 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 |
| |||||||
| |||||||
1 | after the filing
of the application for permit, the applicant | ||||||
2 | may deem the permit issued.
Any applicant for a permit may | ||||||
3 | waive the 90 day limitation by filing a
written statement with | ||||||
4 | the Agency.
| ||||||
5 | The Agency shall issue permits for such facilities upon | ||||||
6 | receipt of an
application that includes a legal description of | ||||||
7 | the site, a topographic
map of the site drawn to the scale of | ||||||
8 | 200 feet to the inch or larger, a
description of the operation, | ||||||
9 | including the area served, an estimate of
the volume of | ||||||
10 | materials 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
|
| |||||||
| |||||||
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 | ||||||
14 | 10 years
in duration for the composting of landscape wastes, as | ||||||
15 | defined in Section
3.155 of this Act, based on the above | ||||||
16 | requirements.
| ||||||
17 | The operator of any facility permitted under this | ||||||
18 | subsection (m) must
submit a written annual statement to the | ||||||
19 | Agency on or before April 1 of
each year that includes an | ||||||
20 | estimate of the amount of material, in tons,
received for | ||||||
21 | composting.
| ||||||
22 | (n) The Agency shall issue permits jointly with the | ||||||
23 | Department of
Transportation for the dredging or deposit of | ||||||
24 | material in Lake Michigan in
accordance with Section 18 of the | ||||||
25 | Rivers, Lakes, and Streams Act.
| ||||||
26 | (o) (Blank.)
|
| |||||||
| |||||||
1 | (p) (1) Any person submitting an application for a permit | ||||||
2 | for a new MSWLF
unit or for a lateral expansion under | ||||||
3 | subsection (t) of Section 21 of this Act
for an existing MSWLF | ||||||
4 | unit that has not received and is not subject to local
siting | ||||||
5 | approval under Section 39.2 of this Act shall publish notice of | ||||||
6 | the
application in a newspaper of general circulation in the | ||||||
7 | county in which the
MSWLF unit is or is proposed to be located. | ||||||
8 | The notice must be published at
least 15 days before submission | ||||||
9 | of the permit application to the Agency. The
notice shall state | ||||||
10 | the name and address of the applicant, the location of the
| ||||||
11 | MSWLF unit or proposed MSWLF unit, the nature and size of the | ||||||
12 | MSWLF unit or
proposed MSWLF unit, the nature of the activity | ||||||
13 | proposed, the probable life of
the proposed activity, the date | ||||||
14 | the permit application will be submitted, and a
statement that | ||||||
15 | persons may file written comments with the Agency concerning | ||||||
16 | the
permit application within 30 days after the filing of the | ||||||
17 | permit application
unless the time period to submit comments is | ||||||
18 | extended by the Agency.
| ||||||
19 | When a permit applicant submits information to the Agency | ||||||
20 | to supplement a
permit application being reviewed by the | ||||||
21 | Agency, the applicant shall not be
required to reissue the | ||||||
22 | notice under this subsection.
| ||||||
23 | (2) The Agency shall accept written comments concerning the | ||||||
24 | permit
application that are postmarked no later than 30 days | ||||||
25 | after the
filing of the permit application, unless the time | ||||||
26 | period to accept comments is
extended by the Agency.
|
| |||||||
| |||||||
1 | (3) Each applicant for a permit described in part (1) of | ||||||
2 | this subsection
shall file a
copy of the permit application | ||||||
3 | with the county board or governing body of the
municipality in | ||||||
4 | which the MSWLF unit is or is proposed to be located at the
| ||||||
5 | same time the application is submitted to the Agency. The | ||||||
6 | permit application
filed with the county board or governing | ||||||
7 | body of the municipality shall include
all documents submitted | ||||||
8 | to or to be submitted to the Agency, except trade
secrets as | ||||||
9 | determined under Section 7.1 of this Act. The permit | ||||||
10 | application
and other documents on file with the county board | ||||||
11 | or governing body of the
municipality shall be made available | ||||||
12 | for public inspection during regular
business hours at the | ||||||
13 | office of the county board or the governing body of the
| ||||||
14 | municipality and may be copied upon payment of the actual cost | ||||||
15 | of
reproduction.
| ||||||
16 | (q) Within 6 months after the effective date of this | ||||||
17 | amendatory Act of the 97th General Assembly, the Agency, in | ||||||
18 | consultation with the regulated community, shall develop a web | ||||||
19 | portal to be posted on its website for the purpose of enhancing | ||||||
20 | review and promoting timely issuance of permits required by | ||||||
21 | this Act. At a minimum, the Agency shall make the following | ||||||
22 | information 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
20 | notify the applicant of the permit analyst assigned to the | ||||||
21 | application upon its receipt. | ||||||
22 | (s) The Agency is authorized to prepare and distribute | ||||||
23 | guidance documents relating to its administration of this | ||||||
24 | Section and procedural rules implementing this Section. | ||||||
25 | Guidance documents prepared under this subsection shall not be | ||||||
26 | considered rules and shall not be subject to the Illinois |
| |||||||
| |||||||
1 | Administrative Procedure Act. Such guidance shall not be | ||||||
2 | binding on any party. | ||||||
3 | (t) Except as otherwise prohibited by federal law or | ||||||
4 | regulation, any person submitting an application for a permit | ||||||
5 | may include with the application suggested permit language for | ||||||
6 | Agency consideration. The Agency is not obligated to use the | ||||||
7 | suggested language or any portion thereof in its permitting | ||||||
8 | decision. If requested by the permit applicant, the Agency | ||||||
9 | shall meet with the applicant to discuss the suggested | ||||||
10 | language. | ||||||
11 | (u) If requested by the permit applicant, the Agency shall | ||||||
12 | provide the permit applicant with a copy of the draft permit | ||||||
13 | prior to any public review period. | ||||||
14 | (v) If requested by the permit applicant, the Agency shall | ||||||
15 | provide the permit applicant with a copy of the final permit | ||||||
16 | prior to its issuance. | ||||||
17 | (w) An air pollution permit shall not be required due to | ||||||
18 | emissions of greenhouse gases, as specified by Section 9.15 of | ||||||
19 | this Act. | ||||||
20 | (Source: P.A. 94-272, eff. 7-19-05; 94-725, eff. 6-1-06; | ||||||
21 | 95-288, 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:
|
| |||||||
| |||||||
1 | "Administrative permit amendment" means a permit revision | ||||||
2 | subject to
subsection 13 of this Section.
| ||||||
3 | "Affected source for acid deposition" means a source that | ||||||
4 | includes one or
more affected units under Title IV of the Clean | ||||||
5 | Air Act.
| ||||||
6 | "Affected States" for purposes of formal distribution of a | ||||||
7 | draft CAAPP permit
to other States for comments prior to | ||||||
8 | issuance, 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 | ||||||
14 | given to the term
"affected unit" in the regulations | ||||||
15 | promulgated under Title IV of the Clean Air
Act.
| ||||||
16 | "Applicable Clean Air Act requirement" means all of the | ||||||
17 | following as they
apply to emissions units in a source | ||||||
18 | (including regulations that have been
promulgated or approved | ||||||
19 | by USEPA pursuant to the Clean Air Act which directly
impose | ||||||
20 | requirements upon a source and other such federal requirements | ||||||
21 | which
have been adopted by the Board. These may include | ||||||
22 | requirements and regulations
which have future effective | ||||||
23 | compliance dates. Requirements and regulations
will be exempt | ||||||
24 | if USEPA determines that such requirements need not be | ||||||
25 | contained
in a Title V permit):
| ||||||
26 | (1) Any standard or other requirement provided for in |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
1 | "Applicable requirement" means all applicable Clean Air | ||||||
2 | Act requirements and
any other standard, limitation, or other | ||||||
3 | requirement contained in this Act or
regulations promulgated | ||||||
4 | under this Act as applicable to sources of air
contaminants | ||||||
5 | (including requirements that have future effective compliance
| ||||||
6 | dates).
| ||||||
7 | "CAAPP" means the Clean Air Act Permit Program, developed | ||||||
8 | pursuant to Title V
of the Clean Air Act.
| ||||||
9 | "CAAPP application" means an application for a CAAPP | ||||||
10 | permit.
| ||||||
11 | "CAAPP Permit" or "permit" (unless the context suggests | ||||||
12 | otherwise) means any
permit issued, renewed, amended, modified | ||||||
13 | or revised pursuant to Title V of the
Clean Air Act.
| ||||||
14 | "CAAPP source" means any source for which the owner or | ||||||
15 | operator is required
to obtain a CAAPP permit pursuant to | ||||||
16 | subsection 2 of this Section.
| ||||||
17 | "Clean Air Act" means the Clean Air Act, as now and | ||||||
18 | hereafter amended, 42
U.S.C. 7401, et seq.
| ||||||
19 | "Designated representative" has shall have the meaning | ||||||
20 | given to it in Section
402(26) of the Clean Air Act and the | ||||||
21 | regulations promulgated thereunder , which state
states that | ||||||
22 | the term " ' designated representative " means ' shall mean a | ||||||
23 | responsible
person or official authorized by the owner or | ||||||
24 | operator of a unit to represent
the owner or operator in all | ||||||
25 | matters pertaining to the holding, transfer, or
disposition of | ||||||
26 | allowances allocated to a unit, and the submission of and
|
| |||||||
| |||||||
1 | compliance with permits, permit applications, and compliance | ||||||
2 | plans for the
unit.
| ||||||
3 | "Draft CAAPP permit" means the version of a CAAPP permit | ||||||
4 | for which public
notice and an opportunity for public comment | ||||||
5 | and hearing is offered by the
Agency.
| ||||||
6 | "Effective date of the CAAPP" means the date that USEPA | ||||||
7 | approves Illinois'
CAAPP.
| ||||||
8 | "Emission unit" means any part or activity of a stationary | ||||||
9 | source that emits
or has the potential to emit any air | ||||||
10 | pollutant. This term is not meant to
alter or affect the | ||||||
11 | definition of the term "unit" for purposes of Title IV of
the | ||||||
12 | Clean Air Act.
| ||||||
13 | "Federally enforceable" means enforceable by USEPA.
| ||||||
14 | "Final permit action" means the Agency's granting with | ||||||
15 | conditions, refusal to
grant, renewal of, or revision of a | ||||||
16 | CAAPP permit, the Agency's determination of
incompleteness of a | ||||||
17 | submitted CAAPP application, or the Agency's failure to act
on | ||||||
18 | an application for a permit, permit renewal, or permit revision | ||||||
19 | within the
time specified in paragraph 5(j), subsection 13, or | ||||||
20 | subsection 14 , or paragraph (j) of subsection 5 of this
| ||||||
21 | Section.
| ||||||
22 | "General permit" means a permit issued to cover numerous | ||||||
23 | similar sources in
accordance with subsection 11 of this | ||||||
24 | Section.
| ||||||
25 | "Major source" means a source for which emissions of one or | ||||||
26 | more air
pollutants meet the criteria for major status pursuant |
| |||||||
| |||||||
1 | to paragraph 2 (c) of subsection 2 of
this Section.
| ||||||
2 | "Maximum achievable control technology" or "MACT" means | ||||||
3 | the maximum degree of
reductions in emissions deemed achievable | ||||||
4 | under Section 112 of the Clean
Air Act.
| ||||||
5 | "Owner or operator" means any person who owns, leases, | ||||||
6 | operates, controls, or
supervises a stationary source.
| ||||||
7 | "Permit modification" means a revision to a CAAPP permit | ||||||
8 | that cannot be
accomplished under the provisions for | ||||||
9 | administrative permit amendments under
subsection 13 of this
| ||||||
10 | Section.
| ||||||
11 | "Permit revision" means a permit modification or | ||||||
12 | administrative permit
amendment.
| ||||||
13 | "Phase II" means the period of the national acid rain | ||||||
14 | program,
established under Title IV of the Clean Air Act, | ||||||
15 | beginning January 1,
2000, and continuing thereafter.
| ||||||
16 | "Phase II acid rain permit" means the portion of a CAAPP | ||||||
17 | permit issued,
renewed, modified, or revised by the Agency | ||||||
18 | during Phase II for an affected
source for acid deposition.
| ||||||
19 | "Potential to emit" means the maximum capacity of a | ||||||
20 | stationary source to emit
any air pollutant under its physical | ||||||
21 | and operational design. Any physical or
operational limitation | ||||||
22 | on the capacity of a source to emit an air pollutant,
including | ||||||
23 | air pollution control equipment and restrictions on hours of
| ||||||
24 | operation or on the type or amount of material combusted, | ||||||
25 | stored, or processed,
shall be treated as part of its design if | ||||||
26 | the limitation is enforceable by
USEPA. This definition does |
| |||||||
| |||||||
1 | not alter or affect the use of this term for any
other purposes | ||||||
2 | under the Clean Air Act, or the term "capacity factor" as used
| ||||||
3 | in Title IV of the Clean Air Act or the regulations promulgated | ||||||
4 | thereunder.
| ||||||
5 | "Preconstruction Permit" or "Construction Permit" means a | ||||||
6 | permit which is to
be obtained prior to commencing or beginning | ||||||
7 | actual construction or
modification of a source or emissions | ||||||
8 | unit.
| ||||||
9 | "Proposed CAAPP permit" means the version of a CAAPP permit | ||||||
10 | that the Agency
proposes to issue and forwards to USEPA for | ||||||
11 | review in compliance with
applicable requirements of the Act | ||||||
12 | and 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).
|
| |||||||
| |||||||
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 | ||||||
15 | at 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
7 | express permit
terms. "Section 502(b)(10) changes" do not | ||||||
8 | include changes that would violate
applicable
requirements or | ||||||
9 | contravene federally enforceable permit terms or conditions
| ||||||
10 | that are monitoring (including test methods), recordkeeping, | ||||||
11 | reporting, or
compliance certification requirements.
| ||||||
12 | "Solid waste incineration unit" means a distinct operating | ||||||
13 | unit of any
facility which combusts any solid waste material | ||||||
14 | from commercial or industrial
establishments or the general | ||||||
15 | public (including single and multiple residences,
hotels, and | ||||||
16 | motels). The term does not include incinerators or other units
| ||||||
17 | required to have a permit under Section 3005 of the Solid Waste | ||||||
18 | Disposal Act.
The term also does not include (A) materials | ||||||
19 | recovery facilities (including
primary or secondary smelters) | ||||||
20 | which combust waste for the primary purpose of
recovering | ||||||
21 | metals, (B) qualifying small power production facilities, as | ||||||
22 | defined
in Section 3(17)(C) of the Federal Power Act (16 U.S.C. | ||||||
23 | 769(17)(C)), or
qualifying cogeneration facilities, as defined | ||||||
24 | in Section 3(18)(B) of the
Federal Power Act (16 U.S.C. | ||||||
25 | 796(18)(B)), which burn homogeneous waste (such as
units which | ||||||
26 | burn tires or used oil, but not including refuse-derived fuel) |
| |||||||
| |||||||
1 | for
the production of electric energy or in the case of | ||||||
2 | qualifying cogeneration
facilities which burn homogeneous | ||||||
3 | waste for the production of electric energy
and steam or forms | ||||||
4 | of useful energy (such as heat) which are used for
industrial, | ||||||
5 | commercial, heating or cooling purposes, or (C) air curtain
| ||||||
6 | incinerators provided that such incinerators only burn wood | ||||||
7 | wastes, yard waste
and clean lumber and that such air curtain | ||||||
8 | incinerators comply with opacity
limitations to be established | ||||||
9 | by the USEPA by rule.
| ||||||
10 | "Source" means any stationary source (or any group of | ||||||
11 | stationary sources)
that
is are located on one or more | ||||||
12 | contiguous or adjacent properties
that are under
common control | ||||||
13 | of the same person (or persons under common control) and
that
| ||||||
14 | belongs to
a single major industrial grouping. For the purposes | ||||||
15 | of defining "source," a
stationary source or group of | ||||||
16 | stationary sources shall be considered part of a
single major | ||||||
17 | industrial grouping if all of the pollutant emitting
activities | ||||||
18 | at such
source or group of sources located on contiguous or | ||||||
19 | adjacent properties
and under common control belong to the
same | ||||||
20 | Major Group (i.e., all have the same two-digit code) as | ||||||
21 | described in the
Standard Industrial Classification Manual, | ||||||
22 | 1987, or such pollutant emitting
activities at a stationary | ||||||
23 | source (or group of stationary sources) located on
contiguous | ||||||
24 | or adjacent properties and under common control constitute a
| ||||||
25 | support
facility. The determination as to whether any group of | ||||||
26 | stationary sources is are
located on contiguous or adjacent |
| |||||||
| |||||||
1 | properties, and/or is are under common control,
and/or
whether | ||||||
2 | the pollutant emitting activities at such group of stationary | ||||||
3 | sources
constitute a support facility shall be made on a case | ||||||
4 | by case basis.
| ||||||
5 | "Stationary source" means any building, structure, | ||||||
6 | facility, or installation
that emits or may emit any regulated | ||||||
7 | air pollutant or any pollutant listed
under Section 112(b) of | ||||||
8 | the Clean Air Act.
| ||||||
9 | "Subject to regulation" has the meaning given to it in 40 | ||||||
10 | CFR 70.2, as now or hereafter amended. | ||||||
11 | "Support facility" means any stationary source (or group of | ||||||
12 | stationary
sources) that conveys, stores, or otherwise assists | ||||||
13 | to a significant extent in
the production of a principal | ||||||
14 | product at another stationary source (or group of
stationary | ||||||
15 | sources). A support facility shall be considered to be part of | ||||||
16 | the
same source as the stationary source (or group of | ||||||
17 | stationary sources) that it
supports regardless of the 2-digit | ||||||
18 | Standard Industrial Classification code for
the support | ||||||
19 | facility.
| ||||||
20 | "USEPA" means the Administrator of the United States | ||||||
21 | Environmental Protection
Agency (USEPA) or a person designated | ||||||
22 | by 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
19 | Enforceable 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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:
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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;
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 . |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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:
|
| |||||||
| |||||||
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 |