Sen. James F. Clayborne, Jr.

Filed: 5/20/2011

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1297

2    AMENDMENT NO. ______. Amend House Bill 1297 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Administrative Procedure Act is
5amended by changing Sections 1-5 and 1-70 as follows:
 
6    (5 ILCS 100/1-5)  (from Ch. 127, par. 1001-5)
7    Sec. 1-5. Applicability.
8    (a) This Act applies to every agency as defined in this
9Act. Beginning January 1, 1978, in case of conflict between the
10provisions of this Act and the Act creating or conferring power
11on an agency, this Act shall control. If, however, an agency
12(or its predecessor in the case of an agency that has been
13consolidated or reorganized) has existing procedures on July 1,
141977, specifically for contested cases or licensing, those
15existing provisions control, except that this exception
16respecting contested cases and licensing does not apply if the

 

 

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1Act creating or conferring power on the agency adopts by
2express reference the provisions of this Act. Where the Act
3creating or conferring power on an agency establishes
4administrative procedures not covered by this Act, those
5procedures shall remain in effect.
6    (b) The provisions of this Act do not apply to (i)
7preliminary hearings, investigations, or practices where no
8final determinations affecting State funding are made by the
9State Board of Education, (ii) legal opinions issued under
10Section 2-3.7 of the School Code, (iii) as to State colleges
11and universities, their disciplinary and grievance
12proceedings, academic irregularity and capricious grading
13proceedings, and admission standards and procedures, and (iv)
14the class specifications for positions and individual position
15descriptions prepared and maintained under the Personnel Code.
16Those class specifications shall, however, be made reasonably
17available to the public for inspection and copying. The
18provisions of this Act do not apply to hearings under Section
1920 of the Uniform Disposition of Unclaimed Property Act.
20    (c) Section 5-35 of this Act relating to procedures for
21rulemaking does not apply to the following:
22        (1) Rules adopted by the Pollution Control Board that,
23    in accordance with Section 7.2 of the Environmental
24    Protection Act, are identical in substance to federal
25    regulations or amendments to those regulations
26    implementing the following: Sections 3001, 3002, 3003,

 

 

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1    3004, 3005, and 9003 of the Solid Waste Disposal Act;
2    Section 105 of the Comprehensive Environmental Response,
3    Compensation, and Liability Act of 1980; Sections 307(b),
4    307(c), 307(d), 402(b)(8), and 402(b)(9) of the Federal
5    Water Pollution Control Act; and Sections 1412(b),
6    1414(c), 1417(a), 1421, and 1445(a) of the Safe Drinking
7    Water Act.
8        (2) Rules adopted by the Pollution Control Board that
9    establish or amend standards for the emission of
10    hydrocarbons and carbon monoxide from gasoline powered
11    motor vehicles subject to inspection under the Vehicle
12    Emissions Inspection Law of 2005 or its predecessor laws .
13        (3) Procedural rules adopted by the Pollution Control
14    Board governing requests for exceptions under Section 14.2
15    of the Environmental Protection Act.
16        (4) The Pollution Control Board's grant, pursuant to an
17    adjudicatory determination, of an adjusted standard for
18    persons who can justify an adjustment consistent with
19    subsection (a) of Section 27 of the Environmental
20    Protection Act.
21        (5) Rules adopted by the Pollution Control Board that
22    are identical in substance to the regulations adopted by
23    the Office of the State Fire Marshal under clause (ii) of
24    paragraph (b) of subsection (3) of Section 2 of the
25    Gasoline Storage Act.
26        (6) Rules adopted by the Illinois Pollution Control

 

 

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1    Board under Section 9.14 of the Environmental Protection
2    Act.
3    (d) Pay rates established under Section 8a of the Personnel
4Code shall be amended or repealed pursuant to the process set
5forth in Section 5-50 within 30 days after it becomes necessary
6to do so due to a conflict between the rates and the terms of a
7collective bargaining agreement covering the compensation of
8an employee subject to that Code.
9    (e) Section 10-45 of this Act shall not apply to any
10hearing, proceeding, or investigation conducted under Section
1113-515 of the Public Utilities Act.
12    (f) Article 10 of this Act does not apply to any hearing,
13proceeding, or investigation conducted by the State Council for
14the State of Illinois created under Section 3-3-11.05 of the
15Unified Code of Corrections or by the Interstate Commission for
16Adult Offender Supervision created under the Interstate
17Compact for Adult Offender Supervision or by the Interstate
18Commission for Juveniles created under the Interstate Compact
19for Juveniles.
20    (g) This Act is subject to the provisions of Article XXI of
21the Public Utilities Act. To the extent that any provision of
22this Act conflicts with the provisions of that Article XXI, the
23provisions of that Article XXI control.
24(Source: P.A. 95-9, eff. 6-30-07; 95-331, eff. 8-21-07; 95-937,
25eff. 8-26-08.)
 

 

 

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1    (5 ILCS 100/1-70)  (from Ch. 127, par. 1001-70)
2    Sec. 1-70. "Rule" means each agency statement of general
3applicability that implements, applies, interprets, or
4prescribes law or policy, but does not include (i) statements
5concerning only the internal management of an agency and not
6affecting private rights or procedures available to persons or
7entities outside the agency, (ii) informal advisory rulings
8issued under Section 5-150, (iii) intra-agency memoranda, (iv)
9the prescription of standardized forms, or (v) documents
10prepared or filed or actions taken by the Legislative Reference
11Bureau under Section 5.04 of the Legislative Reference Bureau
12Act, or (vi) guidance documents prepared by the Illinois
13Environmental Protection Agency under subsection (s) of
14Section 39 of the Environmental Protection Act.
15(Source: P.A. 87-823; 87-1005.)
 
16    Section 10. The Use Tax Act is amended by changing Section
179 as follows:
 
18    (35 ILCS 105/9)  (from Ch. 120, par. 439.9)
19    Sec. 9. Except as to motor vehicles, watercraft, aircraft,
20and trailers that are required to be registered with an agency
21of this State, each retailer required or authorized to collect
22the tax imposed by this Act shall pay to the Department the
23amount of such tax (except as otherwise provided) at the time
24when he is required to file his return for the period during

 

 

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1which such tax was collected, less a discount of 2.1% prior to
2January 1, 1990, and 1.75% on and after January 1, 1990, or $5
3per calendar year, whichever is greater, which is allowed to
4reimburse the retailer for expenses incurred in collecting the
5tax, keeping records, preparing and filing returns, remitting
6the tax and supplying data to the Department on request. In the
7case of retailers who report and pay the tax on a transaction
8by transaction basis, as provided in this Section, such
9discount shall be taken with each such tax remittance instead
10of when such retailer files his periodic return. A retailer
11need not remit that part of any tax collected by him to the
12extent that he is required to remit and does remit the tax
13imposed by the Retailers' Occupation Tax Act, with respect to
14the sale of the same property.
15    Where such tangible personal property is sold under a
16conditional sales contract, or under any other form of sale
17wherein the payment of the principal sum, or a part thereof, is
18extended beyond the close of the period for which the return is
19filed, the retailer, in collecting the tax (except as to motor
20vehicles, watercraft, aircraft, and trailers that are required
21to be registered with an agency of this State), may collect for
22each tax return period, only the tax applicable to that part of
23the selling price actually received during such tax return
24period.
25    Except as provided in this Section, on or before the
26twentieth day of each calendar month, such retailer shall file

 

 

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1a return for the preceding calendar month. Such return shall be
2filed on forms prescribed by the Department and shall furnish
3such information as the Department may reasonably require.
4    The Department may require returns to be filed on a
5quarterly basis. If so required, a return for each calendar
6quarter shall be filed on or before the twentieth day of the
7calendar month following the end of such calendar quarter. The
8taxpayer shall also file a return with the Department for each
9of the first two months of each calendar quarter, on or before
10the twentieth day of the following calendar month, stating:
11        1. The name of the seller;
12        2. The address of the principal place of business from
13    which he engages in the business of selling tangible
14    personal property at retail in this State;
15        3. The total amount of taxable receipts received by him
16    during the preceding calendar month from sales of tangible
17    personal property by him during such preceding calendar
18    month, including receipts from charge and time sales, but
19    less all deductions allowed by law;
20        4. The amount of credit provided in Section 2d of this
21    Act;
22        5. The amount of tax due;
23        5-5. The signature of the taxpayer; and
24        6. Such other reasonable information as the Department
25    may require.
26    If a taxpayer fails to sign a return within 30 days after

 

 

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1the proper notice and demand for signature by the Department,
2the return shall be considered valid and any amount shown to be
3due on the return shall be deemed assessed.
4    Beginning October 1, 1993, a taxpayer who has an average
5monthly tax liability of $150,000 or more shall make all
6payments required by rules of the Department by electronic
7funds transfer. Beginning October 1, 1994, a taxpayer who has
8an average monthly tax liability of $100,000 or more shall make
9all payments required by rules of the Department by electronic
10funds transfer. Beginning October 1, 1995, a taxpayer who has
11an average monthly tax liability of $50,000 or more shall make
12all payments required by rules of the Department by electronic
13funds transfer. Beginning October 1, 2000, a taxpayer who has
14an annual tax liability of $200,000 or more shall make all
15payments required by rules of the Department by electronic
16funds transfer. The term "annual tax liability" shall be the
17sum of the taxpayer's liabilities under this Act, and under all
18other State and local occupation and use tax laws administered
19by the Department, for the immediately preceding calendar year.
20The term "average monthly tax liability" means the sum of the
21taxpayer's liabilities under this Act, and under all other
22State and local occupation and use tax laws administered by the
23Department, for the immediately preceding calendar year
24divided by 12. Beginning on October 1, 2002, a taxpayer who has
25a tax liability in the amount set forth in subsection (b) of
26Section 2505-210 of the Department of Revenue Law shall make

 

 

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1all payments required by rules of the Department by electronic
2funds transfer.
3    Before August 1 of each year beginning in 1993, the
4Department shall notify all taxpayers required to make payments
5by electronic funds transfer. All taxpayers required to make
6payments by electronic funds transfer shall make those payments
7for a minimum of one year beginning on October 1.
8    Any taxpayer not required to make payments by electronic
9funds transfer may make payments by electronic funds transfer
10with the permission of the Department.
11    All taxpayers required to make payment by electronic funds
12transfer and any taxpayers authorized to voluntarily make
13payments by electronic funds transfer shall make those payments
14in the manner authorized by the Department.
15    The Department shall adopt such rules as are necessary to
16effectuate a program of electronic funds transfer and the
17requirements of this Section.
18    Before October 1, 2000, if the taxpayer's average monthly
19tax liability to the Department under this Act, the Retailers'
20Occupation Tax Act, the Service Occupation Tax Act, the Service
21Use Tax Act was $10,000 or more during the preceding 4 complete
22calendar quarters, he shall file a return with the Department
23each month by the 20th day of the month next following the
24month during which such tax liability is incurred and shall
25make payments to the Department on or before the 7th, 15th,
2622nd and last day of the month during which such liability is

 

 

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1incurred. On and after October 1, 2000, if the taxpayer's
2average monthly tax liability to the Department under this Act,
3the Retailers' Occupation Tax Act, the Service Occupation Tax
4Act, and the Service Use Tax Act was $20,000 or more during the
5preceding 4 complete calendar quarters, he shall file a return
6with the Department each month by the 20th day of the month
7next following the month during which such tax liability is
8incurred and shall make payment to the Department on or before
9the 7th, 15th, 22nd and last day of the month during which such
10liability is incurred. If the month during which such tax
11liability is incurred began prior to January 1, 1985, each
12payment shall be in an amount equal to 1/4 of the taxpayer's
13actual liability for the month or an amount set by the
14Department not to exceed 1/4 of the average monthly liability
15of the taxpayer to the Department for the preceding 4 complete
16calendar quarters (excluding the month of highest liability and
17the month of lowest liability in such 4 quarter period). If the
18month during which such tax liability is incurred begins on or
19after January 1, 1985, and prior to January 1, 1987, each
20payment shall be in an amount equal to 22.5% of the taxpayer's
21actual liability for the month or 27.5% of the taxpayer's
22liability for the same calendar month of the preceding year. If
23the month during which such tax liability is incurred begins on
24or after January 1, 1987, and prior to January 1, 1988, each
25payment shall be in an amount equal to 22.5% of the taxpayer's
26actual liability for the month or 26.25% of the taxpayer's

 

 

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1liability for the same calendar month of the preceding year. If
2the month during which such tax liability is incurred begins on
3or after January 1, 1988, and prior to January 1, 1989, or
4begins on or after January 1, 1996, each payment shall be in an
5amount equal to 22.5% of the taxpayer's actual liability for
6the month or 25% of the taxpayer's liability for the same
7calendar month of the preceding year. If the month during which
8such tax liability is incurred begins on or after January 1,
91989, and prior to January 1, 1996, each payment shall be in an
10amount equal to 22.5% of the taxpayer's actual liability for
11the month or 25% of the taxpayer's liability for the same
12calendar month of the preceding year or 100% of the taxpayer's
13actual liability for the quarter monthly reporting period. The
14amount of such quarter monthly payments shall be credited
15against the final tax liability of the taxpayer's return for
16that month. Before October 1, 2000, once applicable, the
17requirement of the making of quarter monthly payments to the
18Department shall continue until such taxpayer's average
19monthly liability to the Department during the preceding 4
20complete calendar quarters (excluding the month of highest
21liability and the month of lowest liability) is less than
22$9,000, or until such taxpayer's average monthly liability to
23the Department as computed for each calendar quarter of the 4
24preceding complete calendar quarter period is less than
25$10,000. However, if a taxpayer can show the Department that a
26substantial change in the taxpayer's business has occurred

 

 

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1which causes the taxpayer to anticipate that his average
2monthly tax liability for the reasonably foreseeable future
3will fall below the $10,000 threshold stated above, then such
4taxpayer may petition the Department for change in such
5taxpayer's reporting status. On and after October 1, 2000, once
6applicable, the requirement of the making of quarter monthly
7payments to the Department shall continue until such taxpayer's
8average monthly liability to the Department during the
9preceding 4 complete calendar quarters (excluding the month of
10highest liability and the month of lowest liability) is less
11than $19,000 or until such taxpayer's average monthly liability
12to the Department as computed for each calendar quarter of the
134 preceding complete calendar quarter period is less than
14$20,000. However, if a taxpayer can show the Department that a
15substantial change in the taxpayer's business has occurred
16which causes the taxpayer to anticipate that his average
17monthly tax liability for the reasonably foreseeable future
18will fall below the $20,000 threshold stated above, then such
19taxpayer may petition the Department for a change in such
20taxpayer's reporting status. The Department shall change such
21taxpayer's reporting status unless it finds that such change is
22seasonal in nature and not likely to be long term. If any such
23quarter monthly payment is not paid at the time or in the
24amount required by this Section, then the taxpayer shall be
25liable for penalties and interest on the difference between the
26minimum amount due and the amount of such quarter monthly

 

 

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1payment actually and timely paid, except insofar as the
2taxpayer has previously made payments for that month to the
3Department in excess of the minimum payments previously due as
4provided in this Section. The Department shall make reasonable
5rules and regulations to govern the quarter monthly payment
6amount and quarter monthly payment dates for taxpayers who file
7on other than a calendar monthly basis.
8    If any such payment provided for in this Section exceeds
9the taxpayer's liabilities under this Act, the Retailers'
10Occupation Tax Act, the Service Occupation Tax Act and the
11Service Use Tax Act, as shown by an original monthly return,
12the Department shall issue to the taxpayer a credit memorandum
13no later than 30 days after the date of payment, which
14memorandum may be submitted by the taxpayer to the Department
15in payment of tax liability subsequently to be remitted by the
16taxpayer to the Department or be assigned by the taxpayer to a
17similar taxpayer under this Act, the Retailers' Occupation Tax
18Act, the Service Occupation Tax Act or the Service Use Tax Act,
19in accordance with reasonable rules and regulations to be
20prescribed by the Department, except that if such excess
21payment is shown on an original monthly return and is made
22after December 31, 1986, no credit memorandum shall be issued,
23unless requested by the taxpayer. If no such request is made,
24the taxpayer may credit such excess payment against tax
25liability subsequently to be remitted by the taxpayer to the
26Department under this Act, the Retailers' Occupation Tax Act,

 

 

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1the Service Occupation Tax Act or the Service Use Tax Act, in
2accordance with reasonable rules and regulations prescribed by
3the Department. If the Department subsequently determines that
4all or any part of the credit taken was not actually due to the
5taxpayer, the taxpayer's 2.1% or 1.75% vendor's discount shall
6be reduced by 2.1% or 1.75% of the difference between the
7credit taken and that actually due, and the taxpayer shall be
8liable for penalties and interest on such difference.
9    If the retailer is otherwise required to file a monthly
10return and if the retailer's average monthly tax liability to
11the Department does not exceed $200, the Department may
12authorize his returns to be filed on a quarter annual basis,
13with the return for January, February, and March of a given
14year being due by April 20 of such year; with the return for
15April, May and June of a given year being due by July 20 of such
16year; with the return for July, August and September of a given
17year being due by October 20 of such year, and with the return
18for October, November and December of a given year being due by
19January 20 of the following year.
20    If the retailer is otherwise required to file a monthly or
21quarterly return and if the retailer's average monthly tax
22liability to the Department does not exceed $50, the Department
23may authorize his returns to be filed on an annual basis, with
24the return for a given year being due by January 20 of the
25following year.
26    Such quarter annual and annual returns, as to form and

 

 

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1substance, shall be subject to the same requirements as monthly
2returns.
3    Notwithstanding any other provision in this Act concerning
4the time within which a retailer may file his return, in the
5case of any retailer who ceases to engage in a kind of business
6which makes him responsible for filing returns under this Act,
7such retailer shall file a final return under this Act with the
8Department not more than one month after discontinuing such
9business.
10    In addition, with respect to motor vehicles, watercraft,
11aircraft, and trailers that are required to be registered with
12an agency of this State, every retailer selling this kind of
13tangible personal property shall file, with the Department,
14upon a form to be prescribed and supplied by the Department, a
15separate return for each such item of tangible personal
16property which the retailer sells, except that if, in the same
17transaction, (i) a retailer of aircraft, watercraft, motor
18vehicles or trailers transfers more than one aircraft,
19watercraft, motor vehicle or trailer to another aircraft,
20watercraft, motor vehicle or trailer retailer for the purpose
21of resale or (ii) a retailer of aircraft, watercraft, motor
22vehicles, or trailers transfers more than one aircraft,
23watercraft, motor vehicle, or trailer to a purchaser for use as
24a qualifying rolling stock as provided in Section 3-55 of this
25Act, then that seller may report the transfer of all the
26aircraft, watercraft, motor vehicles or trailers involved in

 

 

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

 

 

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

 

 

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

 

 

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1tax or proof of exemption made to the Department before the
2retailer is willing to take these actions and such user has not
3paid the tax to the retailer, such user may certify to the fact
4of such delay by the retailer, and may (upon the Department
5being satisfied of the truth of such certification) transmit
6the information required by the transaction reporting return
7and the remittance for tax or proof of exemption directly to
8the Department and obtain his tax receipt or exemption
9determination, in which event the transaction reporting return
10and tax remittance (if a tax payment was required) shall be
11credited by the Department to the proper retailer's account
12with the Department, but without the 2.1% or 1.75% discount
13provided for in this Section being allowed. When the user pays
14the tax directly to the Department, he shall pay the tax in the
15same amount and in the same form in which it would be remitted
16if the tax had been remitted to the Department by the retailer.
17    Where a retailer collects the tax with respect to the
18selling price of tangible personal property which he sells and
19the purchaser thereafter returns such tangible personal
20property and the retailer refunds the selling price thereof to
21the purchaser, such retailer shall also refund, to the
22purchaser, the tax so collected from the purchaser. When filing
23his return for the period in which he refunds such tax to the
24purchaser, the retailer may deduct the amount of the tax so
25refunded by him to the purchaser from any other use tax which
26such retailer may be required to pay or remit to the

 

 

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1Department, as shown by such return, if the amount of the tax
2to be deducted was previously remitted to the Department by
3such retailer. If the retailer has not previously remitted the
4amount of such tax to the Department, he is entitled to no
5deduction under this Act upon refunding such tax to the
6purchaser.
7    Any retailer filing a return under this Section shall also
8include (for the purpose of paying tax thereon) the total tax
9covered by such return upon the selling price of tangible
10personal property purchased by him at retail from a retailer,
11but as to which the tax imposed by this Act was not collected
12from the retailer filing such return, and such retailer shall
13remit the amount of such tax to the Department when filing such
14return.
15    If experience indicates such action to be practicable, the
16Department may prescribe and furnish a combination or joint
17return which will enable retailers, who are required to file
18returns hereunder and also under the Retailers' Occupation Tax
19Act, to furnish all the return information required by both
20Acts on the one form.
21    Where the retailer has more than one business registered
22with the Department under separate registration under this Act,
23such retailer may not file each return that is due as a single
24return covering all such registered businesses, but shall file
25separate returns for each such registered business.
26    Beginning January 1, 1990, each month the Department shall

 

 

09700HB1297sam001- 21 -LRB097 07110 JDS 55885 a

1pay into the State and Local Sales Tax Reform Fund, a special
2fund in the State Treasury which is hereby created, the net
3revenue realized for the preceding month from the 1% tax on
4sales of food for human consumption which is to be consumed off
5the premises where it is sold (other than alcoholic beverages,
6soft drinks and food which has been prepared for immediate
7consumption) and prescription and nonprescription medicines,
8drugs, medical appliances and insulin, urine testing
9materials, syringes and needles used by diabetics.
10    Beginning January 1, 1990, each month the Department shall
11pay into the County and Mass Transit District Fund 4% of the
12net revenue realized for the preceding month from the 6.25%
13general rate on the selling price of tangible personal property
14which is purchased outside Illinois at retail from a retailer
15and which is titled or registered by an agency of this State's
16government.
17    Beginning January 1, 1990, each month the Department shall
18pay into the State and Local Sales Tax Reform Fund, a special
19fund in the State Treasury, 20% of the net revenue realized for
20the preceding month from the 6.25% general rate on the selling
21price of tangible personal property, other than tangible
22personal property which is purchased outside Illinois at retail
23from a retailer and which is titled or registered by an agency
24of this State's government.
25    Beginning August 1, 2000, each month the Department shall
26pay into the State and Local Sales Tax Reform Fund 100% of the

 

 

09700HB1297sam001- 22 -LRB097 07110 JDS 55885 a

1net revenue realized for the preceding month from the 1.25%
2rate on the selling price of motor fuel and gasohol. Beginning
3September 1, 2010, each month the Department shall pay into the
4State and Local Sales Tax Reform Fund 100% of the net revenue
5realized for the preceding month from the 1.25% rate on the
6selling price of sales tax holiday items.
7    Beginning January 1, 1990, each month the Department shall
8pay into the Local Government Tax Fund 16% of the net revenue
9realized for the preceding month from the 6.25% general rate on
10the selling price of tangible personal property which is
11purchased outside Illinois at retail from a retailer and which
12is titled or registered by an agency of this State's
13government.
14    Beginning October 1, 2009, each month the Department shall
15pay into the Capital Projects Fund an amount that is equal to
16an amount estimated by the Department to represent 80% of the
17net revenue realized for the preceding month from the sale of
18candy, grooming and hygiene products, and soft drinks that had
19been taxed at a rate of 1% prior to September 1, 2009 but that
20is now taxed at 6.25%.
21    Beginning July 1, 2011, each month the Department shall pay
22into the Clean Air Act (CAA) Permit Fund 80% of the net revenue
23realized for the preceding month from the 6.25% general rate on
24the selling price of sorbents used in Illinois in the process
25of sorbent injection as used to comply with the Environmental
26Protection Act or the federal Clean Air Act, but the total

 

 

09700HB1297sam001- 23 -LRB097 07110 JDS 55885 a

1payment into the Clean Air Act (CAA) Permit Fund under this Act
2and the Retailers' Occupation Tax Act shall not exceed
3$2,000,000 in any fiscal year.
4    Of the remainder of the moneys received by the Department
5pursuant to this Act, (a) 1.75% thereof shall be paid into the
6Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
7and after July 1, 1989, 3.8% thereof shall be paid into the
8Build Illinois Fund; provided, however, that if in any fiscal
9year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
10may be, of the moneys received by the Department and required
11to be paid into the Build Illinois Fund pursuant to Section 3
12of the Retailers' Occupation Tax Act, Section 9 of the Use Tax
13Act, Section 9 of the Service Use Tax Act, and Section 9 of the
14Service Occupation Tax Act, such Acts being hereinafter called
15the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case
16may be, of moneys being hereinafter called the "Tax Act
17Amount", and (2) the amount transferred to the Build Illinois
18Fund from the State and Local Sales Tax Reform Fund shall be
19less than the Annual Specified Amount (as defined in Section 3
20of the Retailers' Occupation Tax Act), an amount equal to the
21difference shall be immediately paid into the Build Illinois
22Fund from other moneys received by the Department pursuant to
23the Tax Acts; and further provided, that if on the last
24business day of any month the sum of (1) the Tax Act Amount
25required to be deposited into the Build Illinois Bond Account
26in the Build Illinois Fund during such month and (2) the amount

 

 

09700HB1297sam001- 24 -LRB097 07110 JDS 55885 a

1transferred during such month to the Build Illinois Fund from
2the State and Local Sales Tax Reform Fund shall have been less
3than 1/12 of the Annual Specified Amount, an amount equal to
4the difference shall be immediately paid into the Build
5Illinois Fund from other moneys received by the Department
6pursuant to the Tax Acts; and, further provided, that in no
7event shall the payments required under the preceding proviso
8result in aggregate payments into the Build Illinois Fund
9pursuant to this clause (b) for any fiscal year in excess of
10the greater of (i) the Tax Act Amount or (ii) the Annual
11Specified Amount for such fiscal year; and, further provided,
12that the amounts payable into the Build Illinois Fund under
13this clause (b) shall be payable only until such time as the
14aggregate amount on deposit under each trust indenture securing
15Bonds issued and outstanding pursuant to the Build Illinois
16Bond Act is sufficient, taking into account any future
17investment income, to fully provide, in accordance with such
18indenture, for the defeasance of or the payment of the
19principal of, premium, if any, and interest on the Bonds
20secured by such indenture and on any Bonds expected to be
21issued thereafter and all fees and costs payable with respect
22thereto, all as certified by the Director of the Bureau of the
23Budget (now Governor's Office of Management and Budget). If on
24the last business day of any month in which Bonds are
25outstanding pursuant to the Build Illinois Bond Act, the
26aggregate of the moneys deposited in the Build Illinois Bond

 

 

09700HB1297sam001- 25 -LRB097 07110 JDS 55885 a

1Account in the Build Illinois Fund in such month shall be less
2than the amount required to be transferred in such month from
3the Build Illinois Bond Account to the Build Illinois Bond
4Retirement and Interest Fund pursuant to Section 13 of the
5Build Illinois Bond Act, an amount equal to such deficiency
6shall be immediately paid from other moneys received by the
7Department pursuant to the Tax Acts to the Build Illinois Fund;
8provided, however, that any amounts paid to the Build Illinois
9Fund in any fiscal year pursuant to this sentence shall be
10deemed to constitute payments pursuant to clause (b) of the
11preceding sentence and shall reduce the amount otherwise
12payable for such fiscal year pursuant to clause (b) of the
13preceding sentence. The moneys received by the Department
14pursuant to this Act and required to be deposited into the
15Build Illinois Fund are subject to the pledge, claim and charge
16set forth in Section 12 of the Build Illinois Bond Act.
17    Subject to payment of amounts into the Build Illinois Fund
18as provided in the preceding paragraph or in any amendment
19thereto hereafter enacted, the following specified monthly
20installment of the amount requested in the certificate of the
21Chairman of the Metropolitan Pier and Exposition Authority
22provided under Section 8.25f of the State Finance Act, but not
23in excess of the sums designated as "Total Deposit", shall be
24deposited in the aggregate from collections under Section 9 of
25the Use Tax Act, Section 9 of the Service Use Tax Act, Section
269 of the Service Occupation Tax Act, and Section 3 of the

 

 

09700HB1297sam001- 26 -LRB097 07110 JDS 55885 a

1Retailers' Occupation Tax Act into the McCormick Place
2Expansion Project Fund in the specified fiscal years.
3Fiscal YearTotal Deposit
41993         $0
51994 53,000,000
61995 58,000,000
71996 61,000,000
81997 64,000,000
91998 68,000,000
101999 71,000,000
112000 75,000,000
122001 80,000,000
132002 93,000,000
142003 99,000,000
152004103,000,000
162005108,000,000
172006113,000,000
182007119,000,000
192008126,000,000
202009132,000,000
212010139,000,000
222011146,000,000
232012153,000,000
242013161,000,000
252014170,000,000

 

 

09700HB1297sam001- 27 -LRB097 07110 JDS 55885 a

12015179,000,000
22016189,000,000
32017199,000,000
42018210,000,000
52019221,000,000
62020233,000,000
72021246,000,000
82022260,000,000
92023275,000,000
102024 275,000,000
112025 275,000,000
122026 279,000,000
132027 292,000,000
142028 307,000,000
152029 322,000,000
162030 338,000,000
172031 350,000,000
182032 350,000,000
19and
20each fiscal year
21thereafter that bonds
22are outstanding under
23Section 13.2 of the
24Metropolitan Pier and
25Exposition Authority Act,
26but not after fiscal year 2060.

 

 

09700HB1297sam001- 28 -LRB097 07110 JDS 55885 a

1    Beginning July 20, 1993 and in each month of each fiscal
2year thereafter, one-eighth of the amount requested in the
3certificate of the Chairman of the Metropolitan Pier and
4Exposition Authority for that fiscal year, less the amount
5deposited into the McCormick Place Expansion Project Fund by
6the State Treasurer in the respective month under subsection
7(g) of Section 13 of the Metropolitan Pier and Exposition
8Authority Act, plus cumulative deficiencies in the deposits
9required under this Section for previous months and years,
10shall be deposited into the McCormick Place Expansion Project
11Fund, until the full amount requested for the fiscal year, but
12not in excess of the amount specified above as "Total Deposit",
13has been deposited.
14    Subject to payment of amounts into the Build Illinois Fund
15and the McCormick Place Expansion Project Fund pursuant to the
16preceding paragraphs or in any amendments thereto hereafter
17enacted, beginning July 1, 1993, the Department shall each
18month pay into the Illinois Tax Increment Fund 0.27% of 80% of
19the net revenue realized for the preceding month from the 6.25%
20general rate on the selling price of tangible personal
21property.
22    Subject to payment of amounts into the Build Illinois Fund
23and the McCormick Place Expansion Project Fund pursuant to the
24preceding paragraphs or in any amendments thereto hereafter
25enacted, beginning with the receipt of the first report of
26taxes paid by an eligible business and continuing for a 25-year

 

 

09700HB1297sam001- 29 -LRB097 07110 JDS 55885 a

1period, the Department shall each month pay into the Energy
2Infrastructure Fund 80% of the net revenue realized from the
36.25% general rate on the selling price of Illinois-mined coal
4that was sold to an eligible business. For purposes of this
5paragraph, the term "eligible business" means a new electric
6generating facility certified pursuant to Section 605-332 of
7the Department of Commerce and Economic Opportunity Law of the
8Civil Administrative Code of Illinois.
9    Of the remainder of the moneys received by the Department
10pursuant to this Act, 75% thereof shall be paid into the State
11Treasury and 25% shall be reserved in a special account and
12used only for the transfer to the Common School Fund as part of
13the monthly transfer from the General Revenue Fund in
14accordance with Section 8a of the State Finance Act.
15    As soon as possible after the first day of each month, upon
16certification of the Department of Revenue, the Comptroller
17shall order transferred and the Treasurer shall transfer from
18the General Revenue Fund to the Motor Fuel Tax Fund an amount
19equal to 1.7% of 80% of the net revenue realized under this Act
20for the second preceding month. Beginning April 1, 2000, this
21transfer is no longer required and shall not be made.
22    Net revenue realized for a month shall be the revenue
23collected by the State pursuant to this Act, less the amount
24paid out during that month as refunds to taxpayers for
25overpayment of liability.
26    For greater simplicity of administration, manufacturers,

 

 

09700HB1297sam001- 30 -LRB097 07110 JDS 55885 a

1importers and wholesalers whose products are sold at retail in
2Illinois by numerous retailers, and who wish to do so, may
3assume the responsibility for accounting and paying to the
4Department all tax accruing under this Act with respect to such
5sales, if the retailers who are affected do not make written
6objection to the Department to this arrangement.
7(Source: P.A. 96-34, eff. 7-13-09; 96-38, eff. 7-13-09; 96-898,
8eff. 5-27-10; 96-1012, eff. 7-7-10; revised 7-22-10.)
 
9    Section 15. The Retailers' Occupation Tax Act is amended by
10adding Section 2j and changing Section 3 as follows:
 
11    (35 ILCS 120/2j new)
12    Sec. 2j. Sorbent purchasing reports. Illinois businesses
13that purchase sorbents for use in mercury control, as described
14in 35 Ill. Adm. Code 225, shall file a monthly report with the
15Department stating the amount of sorbent purchased during the
16previous month, the purchase price of the sorbent, the amount
17of State occupation and use taxes paid on the purchase of the
18sorbent (whether to the selling retailer or directly to the
19Department of Revenue pursuant to a direct pay permit), and any
20other information the Department may reasonably require. In
21sales of sorbents between related parties, the purchase price
22of the sorbent must have been determined in an arms-length
23transaction. The report shall be filed with the Department on
24or before the 20th day of each month following a month in which

 

 

09700HB1297sam001- 31 -LRB097 07110 JDS 55885 a

1sorbents were purchased, on a form provided by the Department.
2However, no report need be filed in a month when the taxpayer
3made no reportable purchases of sorbents in the previous month.
4The Department shall provide a monthly summary of these reports
5to the Illinois Environmental Protection Agency. Upon request,
6the Illinois Environmental Protection Agency shall provide the
7Department with a list of Illinois businesses that are subject
8to 35 Ill. Adm. Code 225.
 
9    (35 ILCS 120/3)  (from Ch. 120, par. 442)
10    Sec. 3. Except as provided in this Section, on or before
11the twentieth day of each calendar month, every person engaged
12in the business of selling tangible personal property at retail
13in this State during the preceding calendar month shall file a
14return with the Department, stating:
15        1. The name of the seller;
16        2. His residence address and the address of his
17    principal place of business and the address of the
18    principal place of business (if that is a different
19    address) from which he engages in the business of selling
20    tangible personal property at retail in this State;
21        3. Total amount of receipts received by him during the
22    preceding calendar month or quarter, as the case may be,
23    from sales of tangible personal property, and from services
24    furnished, by him during such preceding calendar month or
25    quarter;

 

 

09700HB1297sam001- 32 -LRB097 07110 JDS 55885 a

1        4. Total amount received by him during the preceding
2    calendar month or quarter on charge and time sales of
3    tangible personal property, and from services furnished,
4    by him prior to the month or quarter for which the return
5    is filed;
6        5. Deductions allowed by law;
7        6. Gross receipts which were received by him during the
8    preceding calendar month or quarter and upon the basis of
9    which the tax is imposed;
10        7. The amount of credit provided in Section 2d of this
11    Act;
12        8. The amount of tax due;
13        9. The signature of the taxpayer; and
14        10. Such other reasonable information as the
15    Department may require.
16    If a taxpayer fails to sign a return within 30 days after
17the proper notice and demand for signature by the Department,
18the return shall be considered valid and any amount shown to be
19due on the return shall be deemed assessed.
20    Each return shall be accompanied by the statement of
21prepaid tax issued pursuant to Section 2e for which credit is
22claimed.
23    Prior to October 1, 2003, and on and after September 1,
242004 a retailer may accept a Manufacturer's Purchase Credit
25certification from a purchaser in satisfaction of Use Tax as
26provided in Section 3-85 of the Use Tax Act if the purchaser

 

 

09700HB1297sam001- 33 -LRB097 07110 JDS 55885 a

1provides the appropriate documentation as required by Section
23-85 of the Use Tax Act. A Manufacturer's Purchase Credit
3certification, accepted by a retailer prior to October 1, 2003
4and on and after September 1, 2004 as provided in Section 3-85
5of the Use Tax Act, may be used by that retailer to satisfy
6Retailers' Occupation Tax liability in the amount claimed in
7the certification, not to exceed 6.25% of the receipts subject
8to tax from a qualifying purchase. A Manufacturer's Purchase
9Credit reported on any original or amended return filed under
10this Act after October 20, 2003 for reporting periods prior to
11September 1, 2004 shall be disallowed. Manufacturer's
12Purchaser Credit reported on annual returns due on or after
13January 1, 2005 will be disallowed for periods prior to
14September 1, 2004. No Manufacturer's Purchase Credit may be
15used after September 30, 2003 through August 31, 2004 to
16satisfy any tax liability imposed under this Act, including any
17audit liability.
18    The Department may require returns to be filed on a
19quarterly basis. If so required, a return for each calendar
20quarter shall be filed on or before the twentieth day of the
21calendar month following the end of such calendar quarter. The
22taxpayer shall also file a return with the Department for each
23of the first two months of each calendar quarter, on or before
24the twentieth day of the following calendar month, stating:
25        1. The name of the seller;
26        2. The address of the principal place of business from

 

 

09700HB1297sam001- 34 -LRB097 07110 JDS 55885 a

1    which he engages in the business of selling tangible
2    personal property at retail in this State;
3        3. The total amount of taxable receipts received by him
4    during the preceding calendar month from sales of tangible
5    personal property by him during such preceding calendar
6    month, including receipts from charge and time sales, but
7    less all deductions allowed by law;
8        4. The amount of credit provided in Section 2d of this
9    Act;
10        5. The amount of tax due; and
11        6. Such other reasonable information as the Department
12    may require.
13    Beginning on October 1, 2003, any person who is not a
14licensed distributor, importing distributor, or manufacturer,
15as defined in the Liquor Control Act of 1934, but is engaged in
16the business of selling, at retail, alcoholic liquor shall file
17a statement with the Department of Revenue, in a format and at
18a time prescribed by the Department, showing the total amount
19paid for alcoholic liquor purchased during the preceding month
20and such other information as is reasonably required by the
21Department. The Department may adopt rules to require that this
22statement be filed in an electronic or telephonic format. Such
23rules may provide for exceptions from the filing requirements
24of this paragraph. For the purposes of this paragraph, the term
25"alcoholic liquor" shall have the meaning prescribed in the
26Liquor Control Act of 1934.

 

 

09700HB1297sam001- 35 -LRB097 07110 JDS 55885 a

1    Beginning on October 1, 2003, every distributor, importing
2distributor, and manufacturer of alcoholic liquor as defined in
3the Liquor Control Act of 1934, shall file a statement with the
4Department of Revenue, no later than the 10th day of the month
5for the preceding month during which transactions occurred, by
6electronic means, showing the total amount of gross receipts
7from the sale of alcoholic liquor sold or distributed during
8the preceding month to purchasers; identifying the purchaser to
9whom it was sold or distributed; the purchaser's tax
10registration number; and such other information reasonably
11required by the Department. A distributor, importing
12distributor, or manufacturer of alcoholic liquor must
13personally deliver, mail, or provide by electronic means to
14each retailer listed on the monthly statement a report
15containing a cumulative total of that distributor's, importing
16distributor's, or manufacturer's total sales of alcoholic
17liquor to that retailer no later than the 10th day of the month
18for the preceding month during which the transaction occurred.
19The distributor, importing distributor, or manufacturer shall
20notify the retailer as to the method by which the distributor,
21importing distributor, or manufacturer will provide the sales
22information. If the retailer is unable to receive the sales
23information by electronic means, the distributor, importing
24distributor, or manufacturer shall furnish the sales
25information by personal delivery or by mail. For purposes of
26this paragraph, the term "electronic means" includes, but is

 

 

09700HB1297sam001- 36 -LRB097 07110 JDS 55885 a

1not limited to, the use of a secure Internet website, e-mail,
2or facsimile.
3    If a total amount of less than $1 is payable, refundable or
4creditable, such amount shall be disregarded if it is less than
550 cents and shall be increased to $1 if it is 50 cents or more.
6    Beginning October 1, 1993, a taxpayer who has an average
7monthly tax liability of $150,000 or more shall make all
8payments required by rules of the Department by electronic
9funds transfer. Beginning October 1, 1994, a taxpayer who has
10an average monthly tax liability of $100,000 or more shall make
11all payments required by rules of the Department by electronic
12funds transfer. Beginning October 1, 1995, a taxpayer who has
13an average monthly tax liability of $50,000 or more shall make
14all payments required by rules of the Department by electronic
15funds transfer. Beginning October 1, 2000, a taxpayer who has
16an annual tax liability of $200,000 or more shall make all
17payments required by rules of the Department by electronic
18funds transfer. The term "annual tax liability" shall be the
19sum of the taxpayer's liabilities under this Act, and under all
20other State and local occupation and use tax laws administered
21by the Department, for the immediately preceding calendar year.
22The term "average monthly tax liability" shall be the sum of
23the taxpayer's liabilities under this Act, and under all other
24State and local occupation and use tax laws administered by the
25Department, for the immediately preceding calendar year
26divided by 12. Beginning on October 1, 2002, a taxpayer who has

 

 

09700HB1297sam001- 37 -LRB097 07110 JDS 55885 a

1a tax liability in the amount set forth in subsection (b) of
2Section 2505-210 of the Department of Revenue Law shall make
3all payments required by rules of the Department by electronic
4funds transfer.
5    Before August 1 of each year beginning in 1993, the
6Department shall notify all taxpayers required to make payments
7by electronic funds transfer. All taxpayers required to make
8payments by electronic funds transfer shall make those payments
9for a minimum of one year beginning on October 1.
10    Any taxpayer not required to make payments by electronic
11funds transfer may make payments by electronic funds transfer
12with the permission of the Department.
13    All taxpayers required to make payment by electronic funds
14transfer and any taxpayers authorized to voluntarily make
15payments by electronic funds transfer shall make those payments
16in the manner authorized by the Department.
17    The Department shall adopt such rules as are necessary to
18effectuate a program of electronic funds transfer and the
19requirements of this Section.
20    Any amount which is required to be shown or reported on any
21return or other document under this Act shall, if such amount
22is not a whole-dollar amount, be increased to the nearest
23whole-dollar amount in any case where the fractional part of a
24dollar is 50 cents or more, and decreased to the nearest
25whole-dollar amount where the fractional part of a dollar is
26less than 50 cents.

 

 

09700HB1297sam001- 38 -LRB097 07110 JDS 55885 a

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

 

 

09700HB1297sam001- 39 -LRB097 07110 JDS 55885 a

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

 

 

09700HB1297sam001- 40 -LRB097 07110 JDS 55885 a

1watercraft as defined in Section 3-2 of the Boat Registration
2and Safety Act, a personal watercraft, or any boat equipped
3with an inboard motor.
4    Any retailer who sells only motor vehicles, watercraft,
5aircraft, or trailers that are required to be registered with
6an agency of this State, so that all retailers' occupation tax
7liability is required to be reported, and is reported, on such
8transaction reporting returns and who is not otherwise required
9to file monthly or quarterly returns, need not file monthly or
10quarterly returns. However, those retailers shall be required
11to file returns on an annual basis.
12    The transaction reporting return, in the case of motor
13vehicles or trailers that are required to be registered with an
14agency of this State, shall be the same document as the Uniform
15Invoice referred to in Section 5-402 of The Illinois Vehicle
16Code and must show the name and address of the seller; the name
17and address of the purchaser; the amount of the selling price
18including the amount allowed by the retailer for traded-in
19property, if any; the amount allowed by the retailer for the
20traded-in tangible personal property, if any, to the extent to
21which Section 1 of this Act allows an exemption for the value
22of traded-in property; the balance payable after deducting such
23trade-in allowance from the total selling price; the amount of
24tax due from the retailer with respect to such transaction; the
25amount of tax collected from the purchaser by the retailer on
26such transaction (or satisfactory evidence that such tax is not

 

 

09700HB1297sam001- 41 -LRB097 07110 JDS 55885 a

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

 

 

09700HB1297sam001- 42 -LRB097 07110 JDS 55885 a

1return and tax remittance or proof of exemption from the
2Illinois use tax may be transmitted to the Department by way of
3the State agency with which, or State officer with whom the
4tangible personal property must be titled or registered (if
5titling or registration is required) if the Department and such
6agency or State officer determine that this procedure will
7expedite the processing of applications for title or
8registration.
9    With each such transaction reporting return, the retailer
10shall remit the proper amount of tax due (or shall submit
11satisfactory evidence that the sale is not taxable if that is
12the case), to the Department or its agents, whereupon the
13Department shall issue, in the purchaser's name, a use tax
14receipt (or a certificate of exemption if the Department is
15satisfied that the particular sale is tax exempt) which such
16purchaser may submit to the agency with which, or State officer
17with whom, he must title or register the tangible personal
18property that is involved (if titling or registration is
19required) in support of such purchaser's application for an
20Illinois certificate or other evidence of title or registration
21to such tangible personal property.
22    No retailer's failure or refusal to remit tax under this
23Act precludes a user, who has paid the proper tax to the
24retailer, from obtaining his certificate of title or other
25evidence of title or registration (if titling or registration
26is required) upon satisfying the Department that such user has

 

 

09700HB1297sam001- 43 -LRB097 07110 JDS 55885 a

1paid the proper tax (if tax is due) to the retailer. The
2Department shall adopt appropriate rules to carry out the
3mandate of this paragraph.
4    If the user who would otherwise pay tax to the retailer
5wants the transaction reporting return filed and the payment of
6the tax or proof of exemption made to the Department before the
7retailer is willing to take these actions and such user has not
8paid the tax to the retailer, such user may certify to the fact
9of such delay by the retailer and may (upon the Department
10being satisfied of the truth of such certification) transmit
11the information required by the transaction reporting return
12and the remittance for tax or proof of exemption directly to
13the Department and obtain his tax receipt or exemption
14determination, in which event the transaction reporting return
15and tax remittance (if a tax payment was required) shall be
16credited by the Department to the proper retailer's account
17with the Department, but without the 2.1% or 1.75% discount
18provided for in this Section being allowed. When the user pays
19the tax directly to the Department, he shall pay the tax in the
20same amount and in the same form in which it would be remitted
21if the tax had been remitted to the Department by the retailer.
22    Refunds made by the seller during the preceding return
23period to purchasers, on account of tangible personal property
24returned to the seller, shall be allowed as a deduction under
25subdivision 5 of his monthly or quarterly return, as the case
26may be, in case the seller had theretofore included the

 

 

09700HB1297sam001- 44 -LRB097 07110 JDS 55885 a

1receipts from the sale of such tangible personal property in a
2return filed by him and had paid the tax imposed by this Act
3with respect to such receipts.
4    Where the seller is a corporation, the return filed on
5behalf of such corporation shall be signed by the president,
6vice-president, secretary or treasurer or by the properly
7accredited agent of such corporation.
8    Where the seller is a limited liability company, the return
9filed on behalf of the limited liability company shall be
10signed by a manager, member, or properly accredited agent of
11the limited liability company.
12    Except as provided in this Section, the retailer filing the
13return under this Section shall, at the time of filing such
14return, pay to the Department the amount of tax imposed by this
15Act less a discount of 2.1% prior to January 1, 1990 and 1.75%
16on and after January 1, 1990, or $5 per calendar year,
17whichever is greater, which is allowed to reimburse the
18retailer for the expenses incurred in keeping records,
19preparing and filing returns, remitting the tax and supplying
20data to the Department on request. Any prepayment made pursuant
21to Section 2d of this Act shall be included in the amount on
22which such 2.1% or 1.75% discount is computed. In the case of
23retailers who report and pay the tax on a transaction by
24transaction basis, as provided in this Section, such discount
25shall be taken with each such tax remittance instead of when
26such retailer files his periodic return.

 

 

09700HB1297sam001- 45 -LRB097 07110 JDS 55885 a

1    Before October 1, 2000, if the taxpayer's average monthly
2tax liability to the Department under this Act, the Use Tax
3Act, the Service Occupation Tax Act, and the Service Use Tax
4Act, excluding any liability for prepaid sales tax to be
5remitted in accordance with Section 2d of this Act, was $10,000
6or more during the preceding 4 complete calendar quarters, he
7shall file a return with the Department each month by the 20th
8day of the month next following the month during which such tax
9liability is incurred and shall make payments to the Department
10on or before the 7th, 15th, 22nd and last day of the month
11during which such liability is incurred. On and after October
121, 2000, if the taxpayer's average monthly tax liability to the
13Department under this Act, the Use Tax Act, the Service
14Occupation Tax Act, and the Service Use Tax Act, excluding any
15liability for prepaid sales tax to be remitted in accordance
16with Section 2d of this Act, was $20,000 or more during the
17preceding 4 complete calendar quarters, he shall file a return
18with the Department each month by the 20th day of the month
19next following the month during which such tax liability is
20incurred and shall make payment to the Department on or before
21the 7th, 15th, 22nd and last day of the month during which such
22liability is incurred. If the month during which such tax
23liability is incurred began prior to January 1, 1985, each
24payment shall be in an amount equal to 1/4 of the taxpayer's
25actual liability for the month or an amount set by the
26Department not to exceed 1/4 of the average monthly liability

 

 

09700HB1297sam001- 46 -LRB097 07110 JDS 55885 a

1of the taxpayer to the Department for the preceding 4 complete
2calendar quarters (excluding the month of highest liability and
3the month of lowest liability in such 4 quarter period). If the
4month during which such tax liability is incurred begins on or
5after January 1, 1985 and prior to January 1, 1987, each
6payment shall be in an amount equal to 22.5% of the taxpayer's
7actual liability for the month or 27.5% of the taxpayer's
8liability for the same calendar month of the preceding year. If
9the month during which such tax liability is incurred begins on
10or after January 1, 1987 and prior to January 1, 1988, each
11payment shall be in an amount equal to 22.5% of the taxpayer's
12actual liability for the month or 26.25% of the taxpayer's
13liability for the same calendar month of the preceding year. If
14the month during which such tax liability is incurred begins on
15or after January 1, 1988, and prior to January 1, 1989, or
16begins on or after January 1, 1996, each payment shall be in an
17amount equal to 22.5% of the taxpayer's actual liability for
18the month or 25% of the taxpayer's liability for the same
19calendar month of the preceding year. If the month during which
20such tax liability is incurred begins on or after January 1,
211989, and prior to January 1, 1996, each payment shall be in an
22amount equal to 22.5% of the taxpayer's actual liability for
23the month or 25% of the taxpayer's liability for the same
24calendar month of the preceding year or 100% of the taxpayer's
25actual liability for the quarter monthly reporting period. The
26amount of such quarter monthly payments shall be credited

 

 

09700HB1297sam001- 47 -LRB097 07110 JDS 55885 a

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

 

 

09700HB1297sam001- 48 -LRB097 07110 JDS 55885 a

1average monthly liability to the Department as computed for
2each calendar quarter of the 4 preceding complete calendar
3quarter period is less than $20,000. However, if a taxpayer can
4show the Department that a substantial change in the taxpayer's
5business has occurred which causes the taxpayer to anticipate
6that his average monthly tax liability for the reasonably
7foreseeable future will fall below the $20,000 threshold stated
8above, then such taxpayer may petition the Department for a
9change in such taxpayer's reporting status. The Department
10shall change such taxpayer's reporting status unless it finds
11that such change is seasonal in nature and not likely to be
12long term. If any such quarter monthly payment is not paid at
13the time or in the amount required by this Section, then the
14taxpayer shall be liable for penalties and interest on the
15difference between the minimum amount due as a payment and the
16amount of such quarter monthly payment actually and timely
17paid, except insofar as the taxpayer has previously made
18payments for that month to the Department in excess of the
19minimum payments previously due as provided in this Section.
20The Department shall make reasonable rules and regulations to
21govern the quarter monthly payment amount and quarter monthly
22payment dates for taxpayers who file on other than a calendar
23monthly basis.
24    The provisions of this paragraph apply before October 1,
252001. Without regard to whether a taxpayer is required to make
26quarter monthly payments as specified above, any taxpayer who

 

 

09700HB1297sam001- 49 -LRB097 07110 JDS 55885 a

1is required by Section 2d of this Act to collect and remit
2prepaid taxes and has collected prepaid taxes which average in
3excess of $25,000 per month during the preceding 2 complete
4calendar quarters, shall file a return with the Department as
5required by Section 2f and shall make payments to the
6Department on or before the 7th, 15th, 22nd and last day of the
7month during which such liability is incurred. If the month
8during which such tax liability is incurred began prior to the
9effective date of this amendatory Act of 1985, each payment
10shall be in an amount not less than 22.5% of the taxpayer's
11actual liability under Section 2d. If the month during which
12such tax liability is incurred begins on or after January 1,
131986, each payment shall be in an amount equal to 22.5% of the
14taxpayer's actual liability for the month or 27.5% of the
15taxpayer's liability for the same calendar month of the
16preceding calendar year. If the month during which such tax
17liability is incurred begins on or after January 1, 1987, each
18payment shall be in an amount equal to 22.5% of the taxpayer's
19actual liability for the month or 26.25% of the taxpayer's
20liability for the same calendar month of the preceding year.
21The amount of such quarter monthly payments shall be credited
22against the final tax liability of the taxpayer's return for
23that month filed under this Section or Section 2f, as the case
24may be. Once applicable, the requirement of the making of
25quarter monthly payments to the Department pursuant to this
26paragraph shall continue until such taxpayer's average monthly

 

 

09700HB1297sam001- 50 -LRB097 07110 JDS 55885 a

1prepaid tax collections during the preceding 2 complete
2calendar quarters is $25,000 or less. If any such quarter
3monthly payment is not paid at the time or in the amount
4required, the taxpayer shall be liable for penalties and
5interest on such difference, except insofar as the taxpayer has
6previously made payments for that month in excess of the
7minimum payments previously due.
8    The provisions of this paragraph apply on and after October
91, 2001. Without regard to whether a taxpayer is required to
10make quarter monthly payments as specified above, any taxpayer
11who is required by Section 2d of this Act to collect and remit
12prepaid taxes and has collected prepaid taxes that average in
13excess of $20,000 per month during the preceding 4 complete
14calendar quarters shall file a return with the Department as
15required by Section 2f and shall make payments to the
16Department on or before the 7th, 15th, 22nd and last day of the
17month during which the liability is incurred. Each payment
18shall be in an amount equal to 22.5% of the taxpayer's actual
19liability for the month or 25% of the taxpayer's liability for
20the same calendar month of the preceding year. The amount of
21the quarter monthly payments shall be credited against the
22final tax liability of the taxpayer's return for that month
23filed under this Section or Section 2f, as the case may be.
24Once applicable, the requirement of the making of quarter
25monthly payments to the Department pursuant to this paragraph
26shall continue until the taxpayer's average monthly prepaid tax

 

 

09700HB1297sam001- 51 -LRB097 07110 JDS 55885 a

1collections during the preceding 4 complete calendar quarters
2(excluding the month of highest liability and the month of
3lowest liability) is less than $19,000 or until such taxpayer's
4average monthly liability to the Department as computed for
5each calendar quarter of the 4 preceding complete calendar
6quarters is less than $20,000. If any such quarter monthly
7payment is not paid at the time or in the amount required, the
8taxpayer shall be liable for penalties and interest on such
9difference, except insofar as the taxpayer has previously made
10payments for that month in excess of the minimum payments
11previously due.
12    If any payment provided for in this Section exceeds the
13taxpayer's liabilities under this Act, the Use Tax Act, the
14Service Occupation Tax Act and the Service Use Tax Act, as
15shown on an original monthly return, the Department shall, if
16requested by the taxpayer, issue to the taxpayer a credit
17memorandum no later than 30 days after the date of payment. The
18credit evidenced by such credit memorandum may be assigned by
19the taxpayer to a similar taxpayer under this Act, the Use Tax
20Act, the Service Occupation Tax Act or the Service Use Tax Act,
21in accordance with reasonable rules and regulations to be
22prescribed by the Department. If no such request is made, the
23taxpayer may credit such excess payment against tax liability
24subsequently to be remitted to the Department under this Act,
25the Use Tax Act, the Service Occupation Tax Act or the Service
26Use Tax Act, in accordance with reasonable rules and

 

 

09700HB1297sam001- 52 -LRB097 07110 JDS 55885 a

1regulations prescribed by the Department. If the Department
2subsequently determined that all or any part of the credit
3taken was not actually due to the taxpayer, the taxpayer's 2.1%
4and 1.75% vendor's discount shall be reduced by 2.1% or 1.75%
5of the difference between the credit taken and that actually
6due, and that taxpayer shall be liable for penalties and
7interest on such difference.
8    If a retailer of motor fuel is entitled to a credit under
9Section 2d of this Act which exceeds the taxpayer's liability
10to the Department under this Act for the month which the
11taxpayer is filing a return, the Department shall issue the
12taxpayer a credit memorandum for the excess.
13    Beginning January 1, 1990, each month the Department shall
14pay into the Local Government Tax Fund, a special fund in the
15State treasury which is hereby created, the net revenue
16realized for the preceding month from the 1% tax on sales of
17food for human consumption which is to be consumed off the
18premises where it is sold (other than alcoholic beverages, soft
19drinks and food which has been prepared for immediate
20consumption) and prescription and nonprescription medicines,
21drugs, medical appliances and insulin, urine testing
22materials, syringes and needles used by diabetics.
23    Beginning January 1, 1990, each month the Department shall
24pay into the County and Mass Transit District Fund, a special
25fund in the State treasury which is hereby created, 4% of the
26net revenue realized for the preceding month from the 6.25%

 

 

09700HB1297sam001- 53 -LRB097 07110 JDS 55885 a

1general rate.
2    Beginning August 1, 2000, each month the Department shall
3pay into the County and Mass Transit District Fund 20% of the
4net revenue realized for the preceding month from the 1.25%
5rate on the selling price of motor fuel and gasohol. Beginning
6September 1, 2010, each month the Department shall pay into the
7County and Mass Transit District Fund 20% of the net revenue
8realized for the preceding month from the 1.25% rate on the
9selling price of sales tax holiday items.
10    Beginning January 1, 1990, each month the Department shall
11pay into the Local Government Tax Fund 16% of the net revenue
12realized for the preceding month from the 6.25% general rate on
13the selling price of tangible personal property.
14    Beginning August 1, 2000, each month the Department shall
15pay into the Local Government Tax Fund 80% of the net revenue
16realized for the preceding month from the 1.25% rate on the
17selling price of motor fuel and gasohol. Beginning September 1,
182010, each month the Department shall pay into the Local
19Government Tax Fund 80% of the net revenue realized for the
20preceding month from the 1.25% rate on the selling price of
21sales tax holiday items.
22    Beginning October 1, 2009, each month the Department shall
23pay into the Capital Projects Fund an amount that is equal to
24an amount estimated by the Department to represent 80% of the
25net revenue realized for the preceding month from the sale of
26candy, grooming and hygiene products, and soft drinks that had

 

 

09700HB1297sam001- 54 -LRB097 07110 JDS 55885 a

1been taxed at a rate of 1% prior to September 1, 2009 but that
2is now taxed at 6.25%.
3    Beginning July 1, 2011, each month the Department shall pay
4into the Clean Air Act (CAA) Permit Fund 80% of the net revenue
5realized for the preceding month from the 6.25% general rate on
6the selling price of sorbents used in Illinois in the process
7of sorbent injection as used to comply with the Environmental
8Protection Act or the federal Clean Air Act, but the total
9payment into the Clean Air Act (CAA) Permit Fund under this Act
10and the Use Tax Act shall not exceed $2,000,000 in any fiscal
11year.
12    Of the remainder of the moneys received by the Department
13pursuant to this Act, (a) 1.75% thereof shall be paid into the
14Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
15and after July 1, 1989, 3.8% thereof shall be paid into the
16Build Illinois Fund; provided, however, that if in any fiscal
17year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
18may be, of the moneys received by the Department and required
19to be paid into the Build Illinois Fund pursuant to this Act,
20Section 9 of the Use Tax Act, Section 9 of the Service Use Tax
21Act, and Section 9 of the Service Occupation Tax Act, such Acts
22being hereinafter called the "Tax Acts" and such aggregate of
232.2% or 3.8%, as the case may be, of moneys being hereinafter
24called the "Tax Act Amount", and (2) the amount transferred to
25the Build Illinois Fund from the State and Local Sales Tax
26Reform Fund shall be less than the Annual Specified Amount (as

 

 

09700HB1297sam001- 55 -LRB097 07110 JDS 55885 a

1hereinafter defined), an amount equal to the difference shall
2be immediately paid into the Build Illinois Fund from other
3moneys received by the Department pursuant to the Tax Acts; the
4"Annual Specified Amount" means the amounts specified below for
5fiscal years 1986 through 1993:
6Fiscal YearAnnual Specified Amount
71986$54,800,000
81987$76,650,000
91988$80,480,000
101989$88,510,000
111990$115,330,000
121991$145,470,000
131992$182,730,000
141993$206,520,000;
15and means the Certified Annual Debt Service Requirement (as
16defined in Section 13 of the Build Illinois Bond Act) or the
17Tax Act Amount, whichever is greater, for fiscal year 1994 and
18each fiscal year thereafter; and further provided, that if on
19the last business day of any month the sum of (1) the Tax Act
20Amount required to be deposited into the Build Illinois Bond
21Account in the Build Illinois Fund during such month and (2)
22the amount transferred to the Build Illinois Fund from the
23State and Local Sales Tax Reform Fund shall have been less than
241/12 of the Annual Specified Amount, an amount equal to the
25difference shall be immediately paid into the Build Illinois
26Fund from other moneys received by the Department pursuant to

 

 

09700HB1297sam001- 56 -LRB097 07110 JDS 55885 a

1the Tax Acts; and, further provided, that in no event shall the
2payments required under the preceding proviso result in
3aggregate payments into the Build Illinois Fund pursuant to
4this clause (b) for any fiscal year in excess of the greater of
5(i) the Tax Act Amount or (ii) the Annual Specified Amount for
6such fiscal year. The amounts payable into the Build Illinois
7Fund under clause (b) of the first sentence in this paragraph
8shall be payable only until such time as the aggregate amount
9on deposit under each trust indenture securing Bonds issued and
10outstanding pursuant to the Build Illinois Bond Act is
11sufficient, taking into account any future investment income,
12to fully provide, in accordance with such indenture, for the
13defeasance of or the payment of the principal of, premium, if
14any, and interest on the Bonds secured by such indenture and on
15any Bonds expected to be issued thereafter and all fees and
16costs payable with respect thereto, all as certified by the
17Director of the Bureau of the Budget (now Governor's Office of
18Management and Budget). If on the last business day of any
19month in which Bonds are outstanding pursuant to the Build
20Illinois Bond Act, the aggregate of moneys deposited in the
21Build Illinois Bond Account in the Build Illinois Fund in such
22month shall be less than the amount required to be transferred
23in such month from the Build Illinois Bond Account to the Build
24Illinois Bond Retirement and Interest Fund pursuant to Section
2513 of the Build Illinois Bond Act, an amount equal to such
26deficiency shall be immediately paid from other moneys received

 

 

09700HB1297sam001- 57 -LRB097 07110 JDS 55885 a

1by the Department pursuant to the Tax Acts to the Build
2Illinois Fund; provided, however, that any amounts paid to the
3Build Illinois Fund in any fiscal year pursuant to this
4sentence shall be deemed to constitute payments pursuant to
5clause (b) of the first sentence of this paragraph and shall
6reduce the amount otherwise payable for such fiscal year
7pursuant to that clause (b). The moneys received by the
8Department pursuant to this Act and required to be deposited
9into the Build Illinois Fund are subject to the pledge, claim
10and charge set forth in Section 12 of the Build Illinois Bond
11Act.
12    Subject to payment of amounts into the Build Illinois Fund
13as provided in the preceding paragraph or in any amendment
14thereto hereafter enacted, the following specified monthly
15installment of the amount requested in the certificate of the
16Chairman of the Metropolitan Pier and Exposition Authority
17provided under Section 8.25f of the State Finance Act, but not
18in excess of sums designated as "Total Deposit", shall be
19deposited in the aggregate from collections under Section 9 of
20the Use Tax Act, Section 9 of the Service Use Tax Act, Section
219 of the Service Occupation Tax Act, and Section 3 of the
22Retailers' Occupation Tax Act into the McCormick Place
23Expansion Project Fund in the specified fiscal years.
24Fiscal YearTotal Deposit
251993         $0

 

 

09700HB1297sam001- 58 -LRB097 07110 JDS 55885 a

11994 53,000,000
21995 58,000,000
31996 61,000,000
41997 64,000,000
51998 68,000,000
61999 71,000,000
72000 75,000,000
82001 80,000,000
92002 93,000,000
102003 99,000,000
112004103,000,000
122005108,000,000
132006113,000,000
142007119,000,000
152008126,000,000
162009132,000,000
172010139,000,000
182011146,000,000
192012153,000,000
202013161,000,000
212014170,000,000
222015179,000,000
232016189,000,000
242017199,000,000
252018210,000,000
262019221,000,000

 

 

09700HB1297sam001- 59 -LRB097 07110 JDS 55885 a

12020233,000,000
22021246,000,000
32022260,000,000
42023275,000,000
52024 275,000,000
62025 275,000,000
72026 279,000,000
82027 292,000,000
92028 307,000,000
102029 322,000,000
112030 338,000,000
122031 350,000,000
132032 350,000,000
14and
15each fiscal year
16thereafter that bonds
17are outstanding under
18Section 13.2 of the
19Metropolitan Pier and
20Exposition Authority Act,
21but not after fiscal year 2060.
22    Beginning July 20, 1993 and in each month of each fiscal
23year thereafter, one-eighth of the amount requested in the
24certificate of the Chairman of the Metropolitan Pier and
25Exposition Authority for that fiscal year, less the amount
26deposited into the McCormick Place Expansion Project Fund by

 

 

09700HB1297sam001- 60 -LRB097 07110 JDS 55885 a

1the State Treasurer in the respective month under subsection
2(g) of Section 13 of the Metropolitan Pier and Exposition
3Authority Act, plus cumulative deficiencies in the deposits
4required under this Section for previous months and years,
5shall be deposited into the McCormick Place Expansion Project
6Fund, until the full amount requested for the fiscal year, but
7not in excess of the amount specified above as "Total Deposit",
8has been deposited.
9    Subject to payment of amounts into the Build Illinois Fund
10and the McCormick Place Expansion Project Fund pursuant to the
11preceding paragraphs or in any amendments thereto hereafter
12enacted, beginning July 1, 1993, the Department shall each
13month pay into the Illinois Tax Increment Fund 0.27% of 80% of
14the net revenue realized for the preceding month from the 6.25%
15general rate on the selling price of tangible personal
16property.
17    Subject to payment of amounts into the Build Illinois Fund
18and the McCormick Place Expansion Project Fund pursuant to the
19preceding paragraphs or in any amendments thereto hereafter
20enacted, beginning with the receipt of the first report of
21taxes paid by an eligible business and continuing for a 25-year
22period, the Department shall each month pay into the Energy
23Infrastructure Fund 80% of the net revenue realized from the
246.25% general rate on the selling price of Illinois-mined coal
25that was sold to an eligible business. For purposes of this
26paragraph, the term "eligible business" means a new electric

 

 

09700HB1297sam001- 61 -LRB097 07110 JDS 55885 a

1generating facility certified pursuant to Section 605-332 of
2the Department of Commerce and Economic Opportunity Law of the
3Civil Administrative Code of Illinois.
4    Of the remainder of the moneys received by the Department
5pursuant to this Act, 75% thereof shall be paid into the State
6Treasury and 25% shall be reserved in a special account and
7used only for the transfer to the Common School Fund as part of
8the monthly transfer from the General Revenue Fund in
9accordance with Section 8a of the State Finance Act.
10    The Department may, upon separate written notice to a
11taxpayer, require the taxpayer to prepare and file with the
12Department on a form prescribed by the Department within not
13less than 60 days after receipt of the notice an annual
14information return for the tax year specified in the notice.
15Such annual return to the Department shall include a statement
16of gross receipts as shown by the retailer's last Federal
17income tax return. If the total receipts of the business as
18reported in the Federal income tax return do not agree with the
19gross receipts reported to the Department of Revenue for the
20same period, the retailer shall attach to his annual return a
21schedule showing a reconciliation of the 2 amounts and the
22reasons for the difference. The retailer's annual return to the
23Department shall also disclose the cost of goods sold by the
24retailer during the year covered by such return, opening and
25closing inventories of such goods for such year, costs of goods
26used from stock or taken from stock and given away by the

 

 

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1retailer during such year, payroll information of the
2retailer's business during such year and any additional
3reasonable information which the Department deems would be
4helpful in determining the accuracy of the monthly, quarterly
5or annual returns filed by such retailer as provided for in
6this Section.
7    If the annual information return required by this Section
8is not filed when and as required, the taxpayer shall be liable
9as follows:
10        (i) Until January 1, 1994, the taxpayer shall be liable
11    for a penalty equal to 1/6 of 1% of the tax due from such
12    taxpayer under this Act during the period to be covered by
13    the annual return for each month or fraction of a month
14    until such return is filed as required, the penalty to be
15    assessed and collected in the same manner as any other
16    penalty provided for in this Act.
17        (ii) On and after January 1, 1994, the taxpayer shall
18    be liable for a penalty as described in Section 3-4 of the
19    Uniform Penalty and Interest Act.
20    The chief executive officer, proprietor, owner or highest
21ranking manager shall sign the annual return to certify the
22accuracy of the information contained therein. Any person who
23willfully signs the annual return containing false or
24inaccurate information shall be guilty of perjury and punished
25accordingly. The annual return form prescribed by the
26Department shall include a warning that the person signing the

 

 

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1return may be liable for perjury.
2    The provisions of this Section concerning the filing of an
3annual information return do not apply to a retailer who is not
4required to file an income tax return with the United States
5Government.
6    As soon as possible after the first day of each month, upon
7certification of the Department of Revenue, the Comptroller
8shall order transferred and the Treasurer shall transfer from
9the General Revenue Fund to the Motor Fuel Tax Fund an amount
10equal to 1.7% of 80% of the net revenue realized under this Act
11for the second preceding month. Beginning April 1, 2000, this
12transfer is no longer required and shall not be made.
13    Net revenue realized for a month shall be the revenue
14collected by the State pursuant to this Act, less the amount
15paid out during that month as refunds to taxpayers for
16overpayment of liability.
17    For greater simplicity of administration, manufacturers,
18importers and wholesalers whose products are sold at retail in
19Illinois by numerous retailers, and who wish to do so, may
20assume the responsibility for accounting and paying to the
21Department all tax accruing under this Act with respect to such
22sales, if the retailers who are affected do not make written
23objection to the Department to this arrangement.
24    Any person who promotes, organizes, provides retail
25selling space for concessionaires or other types of sellers at
26the Illinois State Fair, DuQuoin State Fair, county fairs,

 

 

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

 

 

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1who are not residents of Illinois will be engaging in the
2business of selling tangible personal property at retail at the
3exhibition or event, or other evidence of a significant risk of
4loss of revenue to the State. The Department shall notify
5concessionaires and other sellers affected by the imposition of
6this requirement. In the absence of notification by the
7Department, the concessionaires and other sellers shall file
8their returns as otherwise required in this Section.
9(Source: P.A. 95-331, eff. 8-21-07; 96-34, eff. 7-13-09; 96-38,
10eff. 7-13-09; 96-898, eff. 5-27-10; 96-1012, eff. 7-7-10;
11revised 7-22-10.)
 
12    Section 20. The Environmental Protection Act is amended by
13changing Sections 9, 9.1, 9.6, 9.12, 39, and 39.5 and adding
14Sections 3.207, 9.14, 9.15, 39.10, 39.12, and 39.14 as follows:
 
15    (415 ILCS 5/3.207 new)
16    Sec. 3.207. Greenhouse gases. "Greenhouse gases" or "GHG"
17means the air pollutant defined in 40 CFR 86.1818-12(a) as the
18aggregate group of 6 greenhouse gases: carbon dioxide, nitrous
19oxide, methane, hydrofluorocarbons, perfluorocarbons, and
20sulfur hexafluoride.
 
21    (415 ILCS 5/9)  (from Ch. 111 1/2, par. 1009)
22    Sec. 9. Acts prohibited. No person shall:
23    (a) Cause or threaten or allow the discharge or emission of

 

 

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1any contaminant into the environment in any State so as to
2cause or tend to cause air pollution in Illinois, either alone
3or in combination with contaminants from other sources, or so
4as to violate regulations or standards adopted by the Board
5under this Act. ;
6    (b) Construct, install, or operate any equipment,
7facility, vehicle, vessel, or aircraft capable of causing or
8contributing to air pollution or designed to prevent air
9pollution, of any type designated by Board regulations, (1)
10without a permit granted by the Agency unless otherwise exempt
11by this Act or Board regulations , or (2) in violation of any
12conditions imposed by such permit. ;
13    (c) Cause or allow the open burning of refuse, conduct any
14salvage operation by open burning, or cause or allow the
15burning of any refuse in any chamber not specifically designed
16for the purpose and approved by the Agency pursuant to
17regulations adopted by the Board under this Act; except that
18the Board may adopt regulations permitting open burning of
19refuse in certain cases upon a finding that no harm will result
20from such burning, or that any alternative method of disposing
21of such refuse would create a safety hazard so extreme as to
22justify the pollution that would result from such burning. ;
23    (d) Sell, offer, or use any fuel or other article in any
24areas in which the Board may by regulation forbid its sale,
25offer, or use for reasons of air-pollution control. ;
26    (e) Use, cause or allow the spraying of loose asbestos for

 

 

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1the purpose of fireproofing or insulating any building or
2building material or other constructions, or otherwise use
3asbestos in such unconfined manner as to permit asbestos fibers
4or particles to pollute the air. ;
5    (f) Commencing July 1, 1985, sell any used oil for burning
6or incineration in any incinerator, boiler, furnace, burner or
7other equipment unless such oil meets standards based on virgin
8fuel oil or re-refined oil, as defined in ASTM D-396 or
9specifications under VV-F-815C promulgated pursuant to the
10federal Energy Policy and Conservation Act, and meets the
11manufacturer's and current NFDA code standards for which such
12incinerator, boiler, furnace, burner or other equipment was
13approved, except that this prohibition does not apply to a sale
14to a permitted used oil re-refining or reprocessing facility or
15sale to a facility permitted by the Agency to burn or
16incinerate such oil.
17    Nothing herein shall limit the effect of any section of
18this Title with respect to any form of asbestos, or the
19spraying of any form of asbestos, or limit the power of the
20Board under this Title to adopt additional and further
21regulations with respect to any form of asbestos, or the
22spraying of any form of asbestos.
23    This Section shall not limit the burning of landscape waste
24upon the premises where it is produced or at sites provided and
25supervised by any unit of local government, except within any
26county having a population of more than 400,000. Nothing in

 

 

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1this Section shall prohibit the burning of landscape waste for
2agricultural purposes, habitat management (including but not
3limited to forest and prairie reclamation), or firefighter
4training. For the purposes of this Act, the burning of
5landscape waste by production nurseries shall be considered to
6be burning for agricultural purposes.
7    Any grain elevator located outside of a major population
8area, as defined in Section 211.3610 of Title 35 of the
9Illinois Administrative Code, shall be exempt from the
10requirements of Section 212.462 of Title 35 of the Illinois
11Administrative Code provided that the elevator: (1) does not
12violate the prohibitions of subsection (a) of this Section or
13have a certified investigation, as defined in Section 211.970
14of Title 35 of the Illinois Administrative Code, on file with
15the Agency and (2) is not required to obtain a Clean Air Act
16Permit Program permit pursuant to Section 39.5.
17Notwithstanding the above exemption, new stationary source
18performance standards for grain elevators, established
19pursuant to Section 9.1 of this Act and Section 111 of the
20federal Clean Air Act, shall continue to apply to grain
21elevators.
22(Source: P.A. 88-488; 89-328, eff. 8-17-95; 89-491, eff.
236-21-96.)
 
24    (415 ILCS 5/9.1)  (from Ch. 111 1/2, par. 1009.1)
25    Sec. 9.1. (a) The General Assembly finds that the federal

 

 

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1Clean Air Act, as amended, and regulations adopted pursuant
2thereto establish complex and detailed provisions for
3State-federal cooperation in the field of air pollution
4control, provide for a Prevention of Significant Deterioration
5program to regulate the issuance of preconstruction permits to
6insure that economic growth will occur in a manner consistent
7with the preservation of existing clean air resources, and also
8provide for plan requirements for nonattainment areas to
9regulate the construction, modification and operation of
10sources of air pollution to insure that economic growth will
11occur in a manner consistent with the goal of achieving the
12national ambient air quality standards, and that the General
13Assembly cannot conveniently or advantageously set forth in
14this Act all the requirements of such federal Act or all
15regulations which may be established thereunder.
16    It is the purpose of this Section to avoid the existence of
17duplicative, overlapping or conflicting State and federal
18regulatory systems.
19    (b) The provisions of Section 111 of the federal Clean Air
20Act (42 USC 7411), as amended, relating to standards of
21performance for new stationary sources, and Section 112 of the
22federal Clean Air Act (42 USC 7412), as amended, relating to
23the establishment of national emission standards for hazardous
24air pollutants are applicable in this State and are enforceable
25under this Act. Any such enforcement shall be stayed consistent
26with any stay granted in any federal judicial action to review

 

 

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1such standards. Enforcement shall be consistent with the
2results of any such judicial review.
3    (c) The Board may adopt regulations establishing permit
4programs meeting the requirements of Sections 165 and 173 of
5the Clean Air Act (42 USC 7475 and 42 USC 7503) as amended. The
6Agency may adopt procedures for the administration of such
7programs.
8    (d) No person shall:
9        (1) violate any provisions of Sections 111, 112, 165 or
10    173 of the Clean Air Act, as now or hereafter amended, or
11    federal regulations adopted pursuant thereto; or
12        (2) construct, install, modify or operate any
13    equipment, building, facility, source or installation
14    which is subject to regulation under Sections 111, 112, 165
15    or 173 of the Clean Air Act, as now or hereafter amended,
16    except in compliance with the requirements of such Sections
17    and federal regulations adopted pursuant thereto, and no
18    such action shall be undertaken (A) without a permit
19    granted by the Agency whenever a permit is required
20    pursuant to (i) this Act or Board regulations or (ii)
21    Section 111, 112, 165, or 173 of the Clean Air Act or
22    federal regulations adopted pursuant thereto or (B) in
23    violation of any conditions imposed by such permit. Any
24    denial of such a permit or any conditions imposed in such a
25    permit shall be reviewable by the Board in accordance with
26    Section 40 of this Act.

 

 

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1    (e) The Board shall exempt from regulation under the State
2Implementation Plan for ozone the volatile organic compounds
3which have been determined by the U.S. Environmental Protection
4Agency to be exempt from regulation under state implementation
5plans for ozone due to negligible photochemical reactivity. In
6accordance with subsection (b) of Section 7.2, the Board shall
7adopt regulations identical in substance to the U.S.
8Environmental Protection Agency exemptions or deletion of
9exemptions published in policy statements on the control of
10volatile organic compounds in the Federal Register by amending
11the list of exemptions to the Board's definition of volatile
12organic material found at 35 Ill. Adm. Code Part 211. The
13provisions and requirements of Title VII of this Act shall not
14apply to regulations adopted under this subsection. Section
155-35 of the Illinois Administrative Procedure Act, relating to
16procedures for rulemaking, does not apply to regulations
17adopted under this subsection. However, the Board shall provide
18for notice, a hearing if required by the U.S. Environmental
19Protection Agency, and public comment before adopted rules are
20filed with the Secretary of State. The Board may consolidate
21into a single rulemaking under this subsection all such federal
22policy statements published in the Federal Register within a
23period of time not to exceed 6 months.
24    (f) If a complete application for a permit renewal is
25submitted to the Agency at least 90 days prior to expiration of
26the permit, all of the terms and conditions of the permit shall

 

 

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1remain in effect until final administrative action has been
2taken on the application.
3(Source: P.A. 87-555; 87-1213; 88-45.)
 
4    (415 ILCS 5/9.6)  (from Ch. 111 1/2, par. 1009.6)
5    Sec. 9.6. Air pollution operating permit fee.
6    (a) For any site for which an air pollution operating
7permit is required, other than a site permitted solely as a
8retail liquid dispensing facility that has air pollution
9control equipment or an agrichemical facility with an endorsed
10permit pursuant to Section 39.4, the owner or operator of that
11site shall pay an initial annual fee to the Agency within 30
12days of receipt of the permit and an annual fee each year
13thereafter for as long as a permit is in effect. The owner or
14operator of a portable emission unit, as defined in 35 Ill.
15Adm. Code 201.170, may change the site of any unit previously
16permitted without paying an additional fee under this Section
17for each site change, provided that no further change to the
18permit is otherwise necessary or requested.
19    (b) The Notwithstanding any rules to the contrary, the
20following fee amounts shall apply:
21        (1) The fee for a site permitted to emit less than 25
22    tons per year of any combination of regulated air
23    pollutants, as defined in Section 39.5 of this Act, except
24    greenhouse gases, is $100 per year beginning July 1, 1993,
25    and increases to $200 per year beginning on July 1, 2003,

 

 

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1    and increases, beginning January 1, 2012, to $235 per year
2    for lifetime operating permits and $235 per year for
3    federally enforceable state operating permits, except as
4    provided in subsection (c) of this Section.
5        (2) The fee for a site permitted to emit at least 25
6    tons per year but less than 100 tons per year of any
7    combination of regulated air pollutants, as defined in
8    Section 39.5 of this Act, except greenhouse gases, is
9    $1,000 per year beginning July 1, 1993, and increases to
10    $1,800 per year beginning on July 1, 2003, and increases,
11    beginning January 1, 2012, to $2,150 per year, except as
12    provided in subsection (c) of this Section.
13        (3) The fee for a site permitted to emit at least 100
14    tons per year of any combination of regulated air
15    pollutants, as defined in Section 39.5 of this Act, except
16    greenhouse gases, is $18 per ton, $2,500 per year,
17    beginning July 1, 2003 1993, and increases, beginning
18    January 1, 2012 to $21.50 per ton, $3,500 per year
19    beginning on July 1, 2003, except as provided in subsection
20    (c) of this Section. However, the maximum fee under this
21    paragraph (3) is $3,500 before January 1, 2012, and is
22    $4,112 beginning January 1, 2012 ; provided, however, that
23    the fee shall not exceed the amount that would be required
24    for the site if it were subject to the fee requirements of
25    Section 39.5 of this Act.
26    (c) The owner or operator of any site source subject to

 

 

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1subsection paragraphs (b)(1), (b)(2), or (b)(3) of this Section
2that becomes subject to Section 39.5 of this Act shall continue
3to pay the fee set forth in this Section until the site source
4becomes subject to the CAAPP fee set forth within subsection 18
5of Section 39.5 of this Act. If an owner or operator In the
6event a site has paid a fee under this Section during the
712-month 12 month period following the effective date of the
8CAAPP for that site, the fee amount of that fee shall be
9deducted from the any amount due under subsection 18 of Section
1039.5 of this Act. Owners or operators that are subject to
11paragraph (b)(1), (b)(2), or (b)(3) of this Section, but that
12are not also subject to Section 39.5, or excluded pursuant to
13subsection 1.1 or subsection 3(c) of Section 39.5 shall
14continue to pay the fee amounts set forth within paragraphs
15(b)(1), (b)(2), or (b)(3), whichever is applicable.
16    (d) Only one air pollution site fee may be collected from
17any site, even if such site receives more than one air
18pollution control permit.
19    (e) The Agency shall establish procedures for the
20collection of air pollution site fees. Air pollution site fees
21may be paid annually, or in advance for the number of years for
22which the permit is issued, at the option of the owner or
23operator. Payment in advance does not exempt the owner or
24operator from paying any increase in the fee that may occur
25during the term of the permit; the owner or operator must pay
26the amount of the increase upon and from the effective date of

 

 

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1the increase.
2    (f) The Agency may deny an application for the issuance,
3transfer, or renewal of an air pollution operating permit if
4any air pollution site fee owed by the applicant has not been
5paid within 60 days of the due date, unless the applicant, at
6the time of application, pays to the Agency in advance the air
7pollution site fee for the site that is the subject of the
8operating permit, plus any other air pollution site fees then
9owed by the applicant. The denial of an air pollution operating
10permit for failure to pay an air pollution site fee shall be
11subject to review by the Board pursuant to the provisions of
12subsection (a) of Section 40 of this Act.
13    (g) If the Agency determines that an owner or operator of a
14site was required, but failed, to timely obtain an air
15pollution operating permit, and as a result avoided the payment
16of permit fees, the Agency may collect the avoided permit fees
17with or without pursuing enforcement under Section 31 of this
18Act. The avoided permit fees shall be calculated as double the
19amount that would have been owed had a permit been timely
20obtained. Fees collected pursuant to this subsection (g) shall
21be deposited into the Environmental Protection Permit and
22Inspection Fund.
23    (h) If the Agency determines that an owner or operator of a
24site was required, but failed, to timely obtain an air
25pollution operating permit and as a result avoided the payment
26of permit fees, an enforcement action may be brought under

 

 

09700HB1297sam001- 76 -LRB097 07110 JDS 55885 a

1Section 31 of this Act. In addition to any other relief that
2may be obtained as part of this action, the Agency may seek to
3recover the avoided permit fees. The avoided permit fees shall
4be calculated as double the amount that would have been owed
5had a permit been timely obtained. Fees collected pursuant to
6this subsection (h) shall be deposited into the Environmental
7Protection Permit and Inspection Fund.
8    (i) If a permittee subject to a fee under this Section
9fails to pay the fee within 90 days of its due date, or makes
10the fee payment from an account with insufficient funds to
11cover the amount of the fee payment, the Agency shall notify
12the permittee of the failure to pay the fee. If the permittee
13fails to pay the fee within 60 days after such notification,
14the Agency may, by written notice, immediately revoke the air
15pollution operating permit. Failure of the Agency to notify the
16permittee of failure to pay a fee due under this Section, or
17the payment of the fee from an account with insufficient funds
18to cover the amount of the fee payment, does not excuse or
19alter the duty of the permittee to comply with the provisions
20of this Section.
21(Source: P.A. 93-32, eff. 7-1-03.)
 
22    (415 ILCS 5/9.12)
23    Sec. 9.12. Construction permit fees for air pollution
24sources.
25    (a) An applicant for a new or revised air pollution

 

 

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1construction permit shall pay a fee, as established in this
2Section, to the Agency at the time that he or she submits the
3application for a construction permit. Except as set forth
4below, the fee for each activity or category listed in this
5Section is separate and is cumulative with any other applicable
6fee listed in this Section.
7    (b) The fee amounts in this subsection (b) apply to
8construction permit applications relating to (i) a source
9subject to Section 39.5 of this Act (the Clean Air Act Permit
10Program); (ii) a source that, upon issuance of the requested
11construction permit, will become a major source subject to
12Section 39.5; or (iii) a source that has or will require a
13federally enforceable State operating permit limiting its
14potential to emit.
15        (1) Base fees for each construction permit application
16    shall be assessed as follows:
17            (A) If the construction permit application relates
18        to one or more new emission units or to a combination
19        of new and modified emission units, a fee of $4,000 for
20        the first new emission unit and a fee of $1,000 for
21        each additional new or modified emission unit;
22        provided that the total base fee under this subdivision
23        (A) shall not exceed $10,000.
24            (B) If the construction permit application relates
25        to one or more modified emission units but not to any
26        new emission unit, a fee of $2,000 for the first

 

 

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

 

 

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1        fee of $12,000.
2            (E) If the construction permit application is for a
3        new major source subject to nonattainment new source
4        review, a fee of $20,000.
5            (F) If the construction permit application is for a
6        major modification subject to the federal PSD program,
7        a fee of $6,000.
8            (G) If the construction permit application is for a
9        major modification subject to nonattainment new source
10        review, a fee of $12,000.
11            (H) (Blank). If the construction permit
12        application review involves a determination of whether
13        an emission unit has Clean Unit Status and is therefore
14        not subject to the Best Available Control Technology
15        (BACT) or Lowest Achievable Emission Rate (LAER) under
16        the federal PSD program or nonattainment new source
17        review, a fee of $5,000 per unit for which a
18        determination is requested or otherwise required.
19            (I) If the construction permit application review
20        involves a determination of the Maximum Achievable
21        Control Technology standard for a pollutant and the
22        project is not otherwise subject to BACT or LAER for a
23        related pollutant under the federal PSD program or
24        nonattainment new source review, a fee of $5,000 per
25        unit for which a determination is requested or
26        otherwise required.

 

 

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

 

 

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

 

 

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1following shall be subject to a filing fee of $500:
2        (1) A construction permit application to add or replace
3    a control device on a permitted emission unit.
4        (2) A construction permit application to conduct a
5    pilot project or trial burn for a permitted emission unit.
6        (3) A construction permit application for a land
7    remediation project.
8        (4) (Blank). A construction permit application for an
9    insignificant activity as described in 35 Ill. Adm. Code
10    201.210.
11        (5) A construction permit application to revise an
12    emissions testing methodology or the timing of required
13    emissions testing.
14        (6) A construction permit application that provides
15    for a change in the name, address, or phone number of any
16    person identified in the permit, or for a change in the
17    stated ownership or control, or for a similar minor
18    administrative permit change at the source.
19    (e) No fee shall be assessed for a request to correct an
20issued permit that involves only an Agency error, if the
21request is received within the deadline for a permit appeal to
22the Pollution Control Board.
23    (f) The applicant for a new or revised air pollution
24construction permit shall submit to the Agency, with the
25construction permit application, both a certification of the
26fee that he or she estimates to be due under this Section and

 

 

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1the fee itself.
2    (g) Notwithstanding the requirements of subsection (a) of
3Section 39(a) of this Act, the application for an air pollution
4construction permit shall not be deemed to be filed with the
5Agency until the Agency receives the initial air pollution
6construction permit application fee and the certified estimate
7of the fee required by this Section. Unless the Agency has
8received the initial air pollution construction permit
9application fee and the certified estimate of the fee required
10by this Section, the Agency is not required to review or
11process the application.
12    (h) If the Agency determines at any time that a
13construction permit application is subject to an additional fee
14under this Section that the applicant has not submitted, the
15Agency shall notify the applicant in writing of the amount due
16under this Section. The applicant shall have 60 days to remit
17the assessed fee to the Agency.
18    If the proper fee established under this Section is not
19submitted within 60 days after the request for further
20remittance:
21        (1) If the construction permit has not yet been issued,
22    the Agency is not required to further review or process,
23    and the provisions of subsection (a) of Section 39(a) of
24    this Act do not apply to, the application for a
25    construction permit until such time as the proper fee is
26    remitted.

 

 

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

 

 

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1revoke the air pollution construction permit. Failure of the
2Agency to notify the permittee of the permittee's failure to
3make payment does not excuse or alter the duty of the permittee
4to comply with the provisions of this Section.
5    (l) The Agency may establish procedures for the collection
6of air pollution construction permit fees.
7    (m) Fees collected pursuant to this Section shall be
8deposited into the Environmental Protection Permit and
9Inspection Fund.
10(Source: P.A. 93-32, eff. 7-1-03.)
 
11    (415 ILCS 5/9.14 new)
12    Sec. 9.14. Registration of smaller sources.
13    (a) After the effective date of rules implementing this
14Section, the owner or operator of an eligible source shall
15annually register with the Agency instead of complying with the
16requirement to obtain an air pollution construction or
17operating permit under this Act. The criteria for determining
18an eligible source shall include the following:
19        (1) the source must not be required to obtain a permit
20    pursuant to the Illinois Clean Air Act Permit Program or
21    Federally Enforceable State Operating Permit program, or
22    under regulations promulgated pursuant to Section 111 or
23    112 of the Clean Air Act;
24        (2) the USEPA has not otherwise determined that a
25    permit is required;

 

 

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1        (3) the source emits less than an actual 5 tons per
2    year of combined particulate matter, carbon monoxide,
3    nitrogen oxides, sulfur dioxide, and volatile organic
4    material air pollutant emissions;
5        (4) the source emits less than an actual 0.5 tons per
6    year of combined hazardous air pollutant emissions;
7        (5) the source emits less than an actual 0.05 tons per
8    year of lead air emissions;
9        (6) the source emits less than an actual 0.05 tons per
10    year of mercury air emissions; and
11        (7) the source does not have an emission unit subject
12    to a standard pursuant to 40 CFR Part 61 Maximum Achievable
13    Control Technology, or 40 CFR Part 63 National Emissions
14    Standards for Hazardous Air Pollutants other than those
15    regulations that the USEPA has categorized as "area
16    source".
17    (b) Complete registration of an eligible source, including
18payment of the required fee as specified in subsection (c) of
19this Section, shall provide the owner or operator of the
20eligible source with an exemption from the requirement to
21obtain an air pollution construction or operating permit under
22this Act. The registration of smaller sources program does not
23relieve an owner or operator from the obligation to comply with
24any other applicable rules or regulations.
25    (c) The owner or operator of an eligible source shall pay
26an annual registration fee of $200 to the Agency at the time of

 

 

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1registration submittal and each year thereafter. Fees
2collected under this Section shall be deposited into the
3Environmental Protection Permit and Inspection Fund.
4    (d) The Agency shall propose rules to implement the
5registration of smaller sources program. Within 120 days after
6the Agency proposes those rules, the Board shall adopt rules to
7implement the registration of smaller sources program. These
8rules may be subsequently amended from time to time pursuant to
9a proposal filed with the Board by any person, and any
10necessary amendments shall be adopted by the Board within 120
11days after proposal. Such amendments may provide for the
12alteration or revision of the initial criteria included in
13subsection (a) of this Section. Subsection (b) of Section 27 of
14this Act and the rulemaking provisions of the Illinois
15Administrative Procedure Act do not apply to rules adopted by
16the Board under this Section.
 
17    (415 ILCS 5/9.15 new)
18    Sec. 9.15. Greenhouse gases.
19    (a) An air pollution construction permit shall not be
20required due to emissions of greenhouse gases if the equipment,
21site, or source is not subject to regulation, as defined by 40
22CFR 52.21, as now or hereafter amended, for greenhouse gases.
23This exemption does not relieve an owner or operator from the
24obligation to comply with other applicable rules or
25regulations.

 

 

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1    (b) An air pollution operating permit shall not be required
2due to emissions of greenhouse gases if the equipment, site, or
3source is not subject to regulation, as defined by Section 39.5
4of this Act, for greenhouse gases. This exemption does not
5relieve an owner or operator from the obligation to comply with
6other applicable rules or regulations.
7    (c) Notwithstanding any provision to the contrary in this
8Section, an air pollution construction or operating permit
9shall not be required due to emissions of greenhouse gases if
10any of the following events occur:
11        (1) enactment of federal legislation depriving the
12    Administrator of the USEPA of authority to regulate
13    greenhouse gases under the Clean Air Act;
14        (2) the issuance of any opinion, ruling, judgment,
15    order, or decree by a federal court depriving the
16    Administrator of the USEPA of authority to regulate
17    greenhouse gases under the Clean Air Act; or
18        (3) action by the President of the United States or the
19    President's authorized agent, including the Administrator
20    of the USEPA, to repeal or withdraw the Greenhouse Gas
21    Tailoring Rule (75 Fed. Reg. 31514, June 3, 2010).
22    This subsection (c) does not relieve an owner or operator
23from the obligation to comply with applicable rules or
24regulations other than those relating to greenhouse gases.
25    (d) If any event listed in subsection (c) of this Section
26occurs, permits issued after such event shall not impose permit

 

 

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1terms or conditions addressing greenhouse gases during the
2effectiveness of any event listed in subsection (c).
3    (e) If an event listed in subsection (c) of this Section
4occurs, any owner or operator with a permit that includes terms
5or conditions addressing greenhouse gases may elect to submit
6an application to the Agency to address a revision or repeal of
7such terms or conditions. The Agency shall expeditiously
8process such permit application in accordance with applicable
9laws and regulations.
 
10    (415 ILCS 5/39)  (from Ch. 111 1/2, par. 1039)
11    Sec. 39. Issuance of permits; procedures.
12    (a) When the Board has by regulation required a permit for
13the construction, installation, or operation of any type of
14facility, equipment, vehicle, vessel, or aircraft, the
15applicant shall apply to the Agency for such permit and it
16shall be the duty of the Agency to issue such a permit upon
17proof by the applicant that the facility, equipment, vehicle,
18vessel, or aircraft will not cause a violation of this Act or
19of regulations hereunder. The Agency shall adopt such
20procedures as are necessary to carry out its duties under this
21Section. In making its determinations on permit applications
22under this Section the Agency may consider prior adjudications
23of noncompliance with this Act by the applicant that involved a
24release of a contaminant into the environment. In granting
25permits, the Agency may impose reasonable conditions

 

 

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1specifically related to the applicant's past compliance
2history with this Act as necessary to correct, detect, or
3prevent noncompliance. The Agency may impose such other
4conditions as may be necessary to accomplish the purposes of
5this Act, and as are not inconsistent with the regulations
6promulgated by the Board hereunder. Except as otherwise
7provided in this Act, a bond or other security shall not be
8required as a condition for the issuance of a permit. If the
9Agency denies any permit under this Section, the Agency shall
10transmit to the applicant within the time limitations of this
11Section specific, detailed statements as to the reasons the
12permit application was denied. Such statements shall include,
13but not be limited to the following:
14        (i) the Sections of this Act which may be violated if
15    the permit were granted;
16        (ii) the provision of the regulations, promulgated
17    under this Act, which may be violated if the permit were
18    granted;
19        (iii) the specific type of information, if any, which
20    the Agency deems the applicant did not provide the Agency;
21    and
22        (iv) a statement of specific reasons why the Act and
23    the regulations might not be met if the permit were
24    granted.
25    If there is no final action by the Agency within 90 days
26after the filing of the application for permit, the applicant

 

 

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

 

 

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1such a request. The Board shall revise its regulations for the
2existing State air pollution operating permit program
3consistent with this provision by January 1, 1994.
4    After June 30, 1998, operating permits issued under this
5Section by the Agency for sources of air pollution that are not
6subject to Section 39.5 of this Act and are not required to
7have a federally enforceable State operating permit shall be
8required to be renewed only upon written request by the Agency
9consistent with applicable provisions of this Act and its
10rules. Such operating permits shall expire 180 days after the
11date of such a request. Before July 1, 1998, the Board shall
12revise its rules for the existing State air pollution operating
13permit program consistent with this paragraph and shall adopt
14rules that require a source to demonstrate that it qualifies
15for a permit under this paragraph.
16    (b) The Agency may issue NPDES permits exclusively under
17this subsection for the discharge of contaminants from point
18sources into navigable waters, all as defined in the Federal
19Water Pollution Control Act, as now or hereafter amended,
20within the jurisdiction of the State, or into any well.
21    All NPDES permits shall contain those terms and conditions,
22including but not limited to schedules of compliance, which may
23be required to accomplish the purposes and provisions of this
24Act.
25    The Agency may issue general NPDES permits for discharges
26from categories of point sources which are subject to the same

 

 

09700HB1297sam001- 93 -LRB097 07110 JDS 55885 a

1permit limitations and conditions. Such general permits may be
2issued without individual applications and shall conform to
3regulations promulgated under Section 402 of the Federal Water
4Pollution Control Act, as now or hereafter amended.
5    The Agency may include, among such conditions, effluent
6limitations and other requirements established under this Act,
7Board regulations, the Federal Water Pollution Control Act, as
8now or hereafter amended, and regulations pursuant thereto, and
9schedules for achieving compliance therewith at the earliest
10reasonable date.
11    The Agency shall adopt filing requirements and procedures
12which are necessary and appropriate for the issuance of NPDES
13permits, and which are consistent with the Act or regulations
14adopted by the Board, and with the Federal Water Pollution
15Control Act, as now or hereafter amended, and regulations
16pursuant thereto.
17    The Agency, subject to any conditions which may be
18prescribed by Board regulations, may issue NPDES permits to
19allow discharges beyond deadlines established by this Act or by
20regulations of the Board without the requirement of a variance,
21subject to the Federal Water Pollution Control Act, as now or
22hereafter amended, and regulations pursuant thereto.
23    (c) Except for those facilities owned or operated by
24sanitary districts organized under the Metropolitan Water
25Reclamation District Act, no permit for the development or
26construction of a new pollution control facility may be granted

 

 

09700HB1297sam001- 94 -LRB097 07110 JDS 55885 a

1by the Agency unless the applicant submits proof to the Agency
2that the location of the facility has been approved by the
3County Board of the county if in an unincorporated area, or the
4governing body of the municipality when in an incorporated
5area, in which the facility is to be located in accordance with
6Section 39.2 of this Act. For purposes of this subsection (c),
7and for purposes of Section 39.2 of this Act, the appropriate
8county board or governing body of the municipality shall be the
9county board of the county or the governing body of the
10municipality in which the facility is to be located as of the
11date when the application for siting approval is filed.
12    In the event that siting approval granted pursuant to
13Section 39.2 has been transferred to a subsequent owner or
14operator, that subsequent owner or operator may apply to the
15Agency for, and the Agency may grant, a development or
16construction permit for the facility for which local siting
17approval was granted. Upon application to the Agency for a
18development or construction permit by that subsequent owner or
19operator, the permit applicant shall cause written notice of
20the permit application to be served upon the appropriate county
21board or governing body of the municipality that granted siting
22approval for that facility and upon any party to the siting
23proceeding pursuant to which siting approval was granted. In
24that event, the Agency shall conduct an evaluation of the
25subsequent owner or operator's prior experience in waste
26management operations in the manner conducted under subsection

 

 

09700HB1297sam001- 95 -LRB097 07110 JDS 55885 a

1(i) of Section 39 of this Act.
2    Beginning August 20, 1993, if the pollution control
3facility consists of a hazardous or solid waste disposal
4facility for which the proposed site is located in an
5unincorporated area of a county with a population of less than
6100,000 and includes all or a portion of a parcel of land that
7was, on April 1, 1993, adjacent to a municipality having a
8population of less than 5,000, then the local siting review
9required under this subsection (c) in conjunction with any
10permit applied for after that date shall be performed by the
11governing body of that adjacent municipality rather than the
12county board of the county in which the proposed site is
13located; and for the purposes of that local siting review, any
14references in this Act to the county board shall be deemed to
15mean the governing body of that adjacent municipality;
16provided, however, that the provisions of this paragraph shall
17not apply to any proposed site which was, on April 1, 1993,
18owned in whole or in part by another municipality.
19    In the case of a pollution control facility for which a
20development permit was issued before November 12, 1981, if an
21operating permit has not been issued by the Agency prior to
22August 31, 1989 for any portion of the facility, then the
23Agency may not issue or renew any development permit nor issue
24an original operating permit for any portion of such facility
25unless the applicant has submitted proof to the Agency that the
26location of the facility has been approved by the appropriate

 

 

09700HB1297sam001- 96 -LRB097 07110 JDS 55885 a

1county board or municipal governing body pursuant to Section
239.2 of this Act.
3    After January 1, 1994, if a solid waste disposal facility,
4any portion for which an operating permit has been issued by
5the Agency, has not accepted waste disposal for 5 or more
6consecutive calendars years, before that facility may accept
7any new or additional waste for disposal, the owner and
8operator must obtain a new operating permit under this Act for
9that facility unless the owner and operator have applied to the
10Agency for a permit authorizing the temporary suspension of
11waste acceptance. The Agency may not issue a new operation
12permit under this Act for the facility unless the applicant has
13submitted proof to the Agency that the location of the facility
14has been approved or re-approved by the appropriate county
15board or municipal governing body under Section 39.2 of this
16Act after the facility ceased accepting waste.
17    Except for those facilities owned or operated by sanitary
18districts organized under the Metropolitan Water Reclamation
19District Act, and except for new pollution control facilities
20governed by Section 39.2, and except for fossil fuel mining
21facilities, the granting of a permit under this Act shall not
22relieve the applicant from meeting and securing all necessary
23zoning approvals from the unit of government having zoning
24jurisdiction over the proposed facility.
25    Before beginning construction on any new sewage treatment
26plant or sludge drying site to be owned or operated by a

 

 

09700HB1297sam001- 97 -LRB097 07110 JDS 55885 a

1sanitary district organized under the Metropolitan Water
2Reclamation District Act for which a new permit (rather than
3the renewal or amendment of an existing permit) is required,
4such sanitary district shall hold a public hearing within the
5municipality within which the proposed facility is to be
6located, or within the nearest community if the proposed
7facility is to be located within an unincorporated area, at
8which information concerning the proposed facility shall be
9made available to the public, and members of the public shall
10be given the opportunity to express their views concerning the
11proposed facility.
12    The Agency may issue a permit for a municipal waste
13transfer station without requiring approval pursuant to
14Section 39.2 provided that the following demonstration is made:
15        (1) the municipal waste transfer station was in
16    existence on or before January 1, 1979 and was in
17    continuous operation from January 1, 1979 to January 1,
18    1993;
19        (2) the operator submitted a permit application to the
20    Agency to develop and operate the municipal waste transfer
21    station during April of 1994;
22        (3) the operator can demonstrate that the county board
23    of the county, if the municipal waste transfer station is
24    in an unincorporated area, or the governing body of the
25    municipality, if the station is in an incorporated area,
26    does not object to resumption of the operation of the

 

 

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1    station; and
2        (4) the site has local zoning approval.
3    (d) The Agency may issue RCRA permits exclusively under
4this subsection to persons owning or operating a facility for
5the treatment, storage, or disposal of hazardous waste as
6defined under this Act.
7    All RCRA permits shall contain those terms and conditions,
8including but not limited to schedules of compliance, which may
9be required to accomplish the purposes and provisions of this
10Act. The Agency may include among such conditions standards and
11other requirements established under this Act, Board
12regulations, the Resource Conservation and Recovery Act of 1976
13(P.L. 94-580), as amended, and regulations pursuant thereto,
14and may include schedules for achieving compliance therewith as
15soon as possible. The Agency shall require that a performance
16bond or other security be provided as a condition for the
17issuance of a RCRA permit.
18    In the case of a permit to operate a hazardous waste or PCB
19incinerator as defined in subsection (k) of Section 44, the
20Agency shall require, as a condition of the permit, that the
21operator of the facility perform such analyses of the waste to
22be incinerated as may be necessary and appropriate to ensure
23the safe operation of the incinerator.
24    The Agency shall adopt filing requirements and procedures
25which are necessary and appropriate for the issuance of RCRA
26permits, and which are consistent with the Act or regulations

 

 

09700HB1297sam001- 99 -LRB097 07110 JDS 55885 a

1adopted by the Board, and with the Resource Conservation and
2Recovery Act of 1976 (P.L. 94-580), as amended, and regulations
3pursuant thereto.
4    The applicant shall make available to the public for
5inspection all documents submitted by the applicant to the
6Agency in furtherance of an application, with the exception of
7trade secrets, at the office of the county board or governing
8body of the municipality. Such documents may be copied upon
9payment of the actual cost of reproduction during regular
10business hours of the local office. The Agency shall issue a
11written statement concurrent with its grant or denial of the
12permit explaining the basis for its decision.
13    (e) The Agency may issue UIC permits exclusively under this
14subsection to persons owning or operating a facility for the
15underground injection of contaminants as defined under this
16Act.
17    All UIC permits shall contain those terms and conditions,
18including but not limited to schedules of compliance, which may
19be required to accomplish the purposes and provisions of this
20Act. The Agency may include among such conditions standards and
21other requirements established under this Act, Board
22regulations, the Safe Drinking Water Act (P.L. 93-523), as
23amended, and regulations pursuant thereto, and may include
24schedules for achieving compliance therewith. The Agency shall
25require that a performance bond or other security be provided
26as a condition for the issuance of a UIC permit.

 

 

09700HB1297sam001- 100 -LRB097 07110 JDS 55885 a

1    The Agency shall adopt filing requirements and procedures
2which are necessary and appropriate for the issuance of UIC
3permits, and which are consistent with the Act or regulations
4adopted by the Board, and with the Safe Drinking Water Act
5(P.L. 93-523), as amended, and regulations pursuant thereto.
6    The applicant shall make available to the public for
7inspection, all documents submitted by the applicant to the
8Agency in furtherance of an application, with the exception of
9trade secrets, at the office of the county board or governing
10body of the municipality. Such documents may be copied upon
11payment of the actual cost of reproduction during regular
12business hours of the local office. The Agency shall issue a
13written statement concurrent with its grant or denial of the
14permit explaining the basis for its decision.
15    (f) In making any determination pursuant to Section 9.1 of
16this Act:
17        (1) The Agency shall have authority to make the
18    determination of any question required to be determined by
19    the Clean Air Act, as now or hereafter amended, this Act,
20    or the regulations of the Board, including the
21    determination of the Lowest Achievable Emission Rate,
22    Maximum Achievable Control Technology, or Best Available
23    Control Technology, consistent with the Board's
24    regulations, if any.
25        (2) The Agency shall, after conferring with the
26    applicant, give written notice to the applicant of its

 

 

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1    proposed decision on the application including the terms
2    and conditions of the permit to be issued and the facts,
3    conduct or other basis upon which the Agency will rely to
4    support its proposed action.
5        (3) Following such notice, the Agency shall give the
6    applicant an opportunity for a hearing in accordance with
7    the provisions of Sections 10-25 through 10-60 of the
8    Illinois Administrative Procedure Act.
9    (g) The Agency shall include as conditions upon all permits
10issued for hazardous waste disposal sites such restrictions
11upon the future use of such sites as are reasonably necessary
12to protect public health and the environment, including
13permanent prohibition of the use of such sites for purposes
14which may create an unreasonable risk of injury to human health
15or to the environment. After administrative and judicial
16challenges to such restrictions have been exhausted, the Agency
17shall file such restrictions of record in the Office of the
18Recorder of the county in which the hazardous waste disposal
19site is located.
20    (h) A hazardous waste stream may not be deposited in a
21permitted hazardous waste site unless specific authorization
22is obtained from the Agency by the generator and disposal site
23owner and operator for the deposit of that specific hazardous
24waste stream. The Agency may grant specific authorization for
25disposal of hazardous waste streams only after the generator
26has reasonably demonstrated that, considering technological

 

 

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1feasibility and economic reasonableness, the hazardous waste
2cannot be reasonably recycled for reuse, nor incinerated or
3chemically, physically or biologically treated so as to
4neutralize the hazardous waste and render it nonhazardous. In
5granting authorization under this Section, the Agency may
6impose such conditions as may be necessary to accomplish the
7purposes of the Act and are consistent with this Act and
8regulations promulgated by the Board hereunder. If the Agency
9refuses to grant authorization under this Section, the
10applicant may appeal as if the Agency refused to grant a
11permit, pursuant to the provisions of subsection (a) of Section
1240 of this Act. For purposes of this subsection (h), the term
13"generator" has the meaning given in Section 3.205 of this Act,
14unless: (1) the hazardous waste is treated, incinerated, or
15partially recycled for reuse prior to disposal, in which case
16the last person who treats, incinerates, or partially recycles
17the hazardous waste prior to disposal is the generator; or (2)
18the hazardous waste is from a response action, in which case
19the person performing the response action is the generator.
20This subsection (h) does not apply to any hazardous waste that
21is restricted from land disposal under 35 Ill. Adm. Code 728.
22    (i) Before issuing any RCRA permit, any permit for a waste
23storage site, sanitary landfill, waste disposal site, waste
24transfer station, waste treatment facility, waste incinerator,
25or any waste-transportation operation, or any permit or interim
26authorization for a clean construction or demolition debris

 

 

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1fill operation, the Agency shall conduct an evaluation of the
2prospective owner's or operator's prior experience in waste
3management operations and clean construction or demolition
4debris fill operations. The Agency may deny such a permit, or
5deny or revoke interim authorization, if the prospective owner
6or operator or any employee or officer of the prospective owner
7or operator has a history of:
8        (1) repeated violations of federal, State, or local
9    laws, regulations, standards, or ordinances in the
10    operation of waste management facilities or sites or clean
11    construction or demolition debris fill operation
12    facilities or sites; or
13        (2) conviction in this or another State of any crime
14    which is a felony under the laws of this State, or
15    conviction of a felony in a federal court; or conviction in
16    this or another state or federal court of any of the
17    following crimes: forgery, official misconduct, bribery,
18    perjury, or knowingly submitting false information under
19    any environmental law, regulation, or permit term or
20    condition; or
21        (3) proof of gross carelessness or incompetence in
22    handling, storing, processing, transporting or disposing
23    of waste or clean construction or demolition debris, or
24    proof of gross carelessness or incompetence in using clean
25    construction or demolition debris as fill.
26    (i-5) Before issuing any permit or approving any interim

 

 

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1authorization for a clean construction or demolition debris
2fill operation in which any ownership interest is transferred
3between January 1, 2005, and the effective date of the
4prohibition set forth in Section 22.52 of this Act, the Agency
5shall conduct an evaluation of the operation if any previous
6activities at the site or facility may have caused or allowed
7contamination of the site. It shall be the responsibility of
8the owner or operator seeking the permit or interim
9authorization to provide to the Agency all of the information
10necessary for the Agency to conduct its evaluation. The Agency
11may deny a permit or interim authorization if previous
12activities at the site may have caused or allowed contamination
13at the site, unless such contamination is authorized under any
14permit issued by the Agency.
15    (j) The issuance under this Act of a permit to engage in
16the surface mining of any resources other than fossil fuels
17shall not relieve the permittee from its duty to comply with
18any applicable local law regulating the commencement, location
19or operation of surface mining facilities.
20    (k) A development permit issued under subsection (a) of
21Section 39 for any facility or site which is required to have a
22permit under subsection (d) of Section 21 shall expire at the
23end of 2 calendar years from the date upon which it was issued,
24unless within that period the applicant has taken action to
25develop the facility or the site. In the event that review of
26the conditions of the development permit is sought pursuant to

 

 

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1Section 40 or 41, or permittee is prevented from commencing
2development of the facility or site by any other litigation
3beyond the permittee's control, such two-year period shall be
4deemed to begin on the date upon which such review process or
5litigation is concluded.
6    (l) No permit shall be issued by the Agency under this Act
7for construction or operation of any facility or site located
8within the boundaries of any setback zone established pursuant
9to this Act, where such construction or operation is
10prohibited.
11    (m) The Agency may issue permits to persons owning or
12operating a facility for composting landscape waste. In
13granting such permits, the Agency may impose such conditions as
14may be necessary to accomplish the purposes of this Act, and as
15are not inconsistent with applicable regulations promulgated
16by the Board. Except as otherwise provided in this Act, a bond
17or other security shall not be required as a condition for the
18issuance of a permit. If the Agency denies any permit pursuant
19to this subsection, the Agency shall transmit to the applicant
20within the time limitations of this subsection specific,
21detailed statements as to the reasons the permit application
22was denied. Such statements shall include but not be limited to
23the following:
24        (1) the Sections of this Act that may be violated if
25    the permit were granted;
26        (2) the specific regulations promulgated pursuant to

 

 

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1    this Act that may be violated if the permit were granted;
2        (3) the specific information, if any, the Agency deems
3    the applicant did not provide in its application to the
4    Agency; and
5        (4) a statement of specific reasons why the Act and the
6    regulations might be violated if the permit were granted.
7    If no final action is taken by the Agency within 90 days
8after the filing of the application for permit, the applicant
9may deem the permit issued. Any applicant for a permit may
10waive the 90 day limitation by filing a written statement with
11the Agency.
12    The Agency shall issue permits for such facilities upon
13receipt of an application that includes a legal description of
14the site, a topographic map of the site drawn to the scale of
15200 feet to the inch or larger, a description of the operation,
16including the area served, an estimate of the volume of
17materials to be processed, and documentation that:
18        (1) the facility includes a setback of at least 200
19    feet from the nearest potable water supply well;
20        (2) the facility is located outside the boundary of the
21    10-year floodplain or the site will be floodproofed;
22        (3) the facility is located so as to minimize
23    incompatibility with the character of the surrounding
24    area, including at least a 200 foot setback from any
25    residence, and in the case of a facility that is developed
26    or the permitted composting area of which is expanded after

 

 

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1    November 17, 1991, the composting area is located at least
2    1/8 mile from the nearest residence (other than a residence
3    located on the same property as the facility);
4        (4) the design of the facility will prevent any compost
5    material from being placed within 5 feet of the water
6    table, will adequately control runoff from the site, and
7    will collect and manage any leachate that is generated on
8    the site;
9        (5) the operation of the facility will include
10    appropriate dust and odor control measures, limitations on
11    operating hours, appropriate noise control measures for
12    shredding, chipping and similar equipment, management
13    procedures for composting, containment and disposal of
14    non-compostable wastes, procedures to be used for
15    terminating operations at the site, and recordkeeping
16    sufficient to document the amount of materials received,
17    composted and otherwise disposed of; and
18        (6) the operation will be conducted in accordance with
19    any applicable rules adopted by the Board.
20    The Agency shall issue renewable permits of not longer than
2110 years in duration for the composting of landscape wastes, as
22defined in Section 3.155 of this Act, based on the above
23requirements.
24    The operator of any facility permitted under this
25subsection (m) must submit a written annual statement to the
26Agency on or before April 1 of each year that includes an

 

 

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1estimate of the amount of material, in tons, received for
2composting.
3    (n) The Agency shall issue permits jointly with the
4Department of Transportation for the dredging or deposit of
5material in Lake Michigan in accordance with Section 18 of the
6Rivers, Lakes, and Streams Act.
7    (o) (Blank.)
8    (p) (1) Any person submitting an application for a permit
9for a new MSWLF unit or for a lateral expansion under
10subsection (t) of Section 21 of this Act for an existing MSWLF
11unit that has not received and is not subject to local siting
12approval under Section 39.2 of this Act shall publish notice of
13the application in a newspaper of general circulation in the
14county in which the MSWLF unit is or is proposed to be located.
15The notice must be published at least 15 days before submission
16of the permit application to the Agency. The notice shall state
17the name and address of the applicant, the location of the
18MSWLF unit or proposed MSWLF unit, the nature and size of the
19MSWLF unit or proposed MSWLF unit, the nature of the activity
20proposed, the probable life of the proposed activity, the date
21the permit application will be submitted, and a statement that
22persons may file written comments with the Agency concerning
23the permit application within 30 days after the filing of the
24permit application unless the time period to submit comments is
25extended by the Agency.
26    When a permit applicant submits information to the Agency

 

 

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1to supplement a permit application being reviewed by the
2Agency, the applicant shall not be required to reissue the
3notice under this subsection.
4    (2) The Agency shall accept written comments concerning the
5permit application that are postmarked no later than 30 days
6after the filing of the permit application, unless the time
7period to accept comments is extended by the Agency.
8    (3) Each applicant for a permit described in part (1) of
9this subsection shall file a copy of the permit application
10with the county board or governing body of the municipality in
11which the MSWLF unit is or is proposed to be located at the
12same time the application is submitted to the Agency. The
13permit application filed with the county board or governing
14body of the municipality shall include all documents submitted
15to or to be submitted to the Agency, except trade secrets as
16determined under Section 7.1 of this Act. The permit
17application and other documents on file with the county board
18or governing body of the municipality shall be made available
19for public inspection during regular business hours at the
20office of the county board or the governing body of the
21municipality and may be copied upon payment of the actual cost
22of reproduction.
23    (q) Within 6 months after the effective date of this
24amendatory Act of the 97th General Assembly, the Agency, in
25consultation with the regulated community, shall develop a web
26portal to be posted on its website for the purpose of enhancing

 

 

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1review and promoting timely issuance of permits required by
2this Act. At a minimum, the Agency shall make the following
3information available on the web portal:
4        (1) Checklists and guidance relating to the completion
5    of permit applications, developed pursuant to subsection
6    (s) of this Section, which may include, but are not limited
7    to, existing instructions for completing the applications
8    and examples of complete applications. As the Agency
9    develops new checklists and develops guidance, it shall
10    supplement the web portal with those materials.
11        (2) Within 2 years after the effective date of this
12    amendatory Act of the 97th General Assembly, permit
13    application forms or portions of permit applications that
14    can be completed and saved electronically, and submitted to
15    the Agency electronically with digital signatures.
16        (3) Within 2 years after the effective date of this
17    amendatory Act of the 97th General Assembly, an online
18    tracking system where an applicant may review the status of
19    its pending application, including the name and contact
20    information of the permit analyst assigned to the
21    application. Until the online tracking system has been
22    developed, the Agency shall post on its website semi-annual
23    permitting efficiency tracking reports that include
24    statistics on the timeframes for Agency action on the
25    following types of permits received after the effective
26    date of this amendatory Act of the 97th General Assembly:

 

 

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1    air construction permits, new NPDES permits and associated
2    water construction permits, and modifications of major
3    NPDES permits and associated water construction permits.
4    The reports must be posted by February 1 and August 1 each
5    year and shall include:
6            (A) the number of applications received for each
7        type of permit, the number of applications on which the
8        Agency has taken action, and the number of applications
9        still pending; and
10            (B) for those applications where the Agency has not
11        taken action in accordance with the timeframes set
12        forth in this Act, the date the application was
13        received and the reasons for any delays, which may
14        include, but shall not be limited to, (i) the
15        application being inadequate or incomplete, (ii)
16        scientific or technical disagreements with the
17        applicant, USEPA, or other local, state, or federal
18        agencies involved in the permitting approval process,
19        (iii) public opposition to the permit, or (iv) Agency
20        staffing shortages. To the extent practicable, the
21        tracking report shall provide approximate dates when
22        cause for delay was identified by the Agency, when the
23        Agency informed the applicant of the problem leading to
24        the delay, and when the applicant remedied the reason
25        for the delay.
26    (r) Upon the request of the applicant, the Agency shall

 

 

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1notify the applicant of the permit analyst assigned to the
2application upon its receipt.
3    (s) The Agency is authorized to prepare and distribute
4guidance documents relating to its administration of this
5Section and procedural rules implementing this Section.
6Guidance documents prepared under this subsection shall not be
7considered rules and shall not be subject to the Illinois
8Administrative Procedure Act. Such guidance shall not be
9binding on any party.
10    (t) Except as otherwise prohibited by federal law or
11regulation, any person submitting an application for a permit
12may include with the application suggested permit language for
13Agency consideration. The Agency is not obligated to use the
14suggested language or any portion thereof in its permitting
15decision. If requested by the permit applicant, the Agency
16shall meet with the applicant to discuss the suggested
17language.
18    (u) If requested by the permit applicant, the Agency shall
19provide the permit applicant with a copy of the draft permit
20prior to any public review period.
21    (v) If requested by the permit applicant, the Agency shall
22provide the permit applicant with a copy of the final permit
23prior to its issuance.
24    (w) An air pollution permit shall not be required due to
25emissions of greenhouse gases, as specified by Section 9.15 of
26this Act.

 

 

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1(Source: P.A. 94-272, eff. 7-19-05; 94-725, eff. 6-1-06;
295-288, eff. 8-20-07.)
 
3    (415 ILCS 5/39.5)  (from Ch. 111 1/2, par. 1039.5)
4    Sec. 39.5. Clean Air Act Permit Program.
5    1. Definitions.
6    For purposes of this Section:
7    "Administrative permit amendment" means a permit revision
8subject to subsection 13 of this Section.
9    "Affected source for acid deposition" means a source that
10includes one or more affected units under Title IV of the Clean
11Air Act.
12    "Affected States" for purposes of formal distribution of a
13draft CAAPP permit to other States for comments prior to
14issuance, means all States:
15        (1) Whose air quality may be affected by the source
16    covered by the draft permit and that are contiguous to
17    Illinois; or
18        (2) That are within 50 miles of the source.
19    "Affected unit for acid deposition" shall have the meaning
20given to the term "affected unit" in the regulations
21promulgated under Title IV of the Clean Air Act.
22    "Applicable Clean Air Act requirement" means all of the
23following as they apply to emissions units in a source
24(including regulations that have been promulgated or approved
25by USEPA pursuant to the Clean Air Act which directly impose

 

 

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

 

 

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1        Clean Air Act, including Part C or D of the Clean Air
2        Act.
3        (3) Any standard or other requirement under Section 111
4    of the Clean Air Act, including Section 111(d).
5        (4) Any standard or other requirement under Section 112
6    of the Clean Air Act, including any requirement concerning
7    accident prevention under Section 112(r)(7) of the Clean
8    Air Act.
9        (5) Any standard or other requirement of the acid rain
10    program under Title IV of the Clean Air Act or the
11    regulations promulgated thereunder.
12        (6) Any requirements established pursuant to Section
13    504(b) or Section 114(a)(3) of the Clean Air Act.
14        (7) Any standard or other requirement governing solid
15    waste incineration, under Section 129 of the Clean Air Act.
16        (8) Any standard or other requirement for consumer and
17    commercial products, under Section 183(e) of the Clean Air
18    Act.
19        (9) Any standard or other requirement for tank vessels,
20    under Section 183(f) of the Clean Air Act.
21        (10) Any standard or other requirement of the program
22    to control air pollution from Outer Continental Shelf
23    sources, under Section 328 of the Clean Air Act.
24        (11) Any standard or other requirement of the
25    regulations promulgated to protect stratospheric ozone
26    under Title VI of the Clean Air Act, unless USEPA has

 

 

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1    determined that such requirements need not be contained in
2    a Title V permit.
3        (12) Any national ambient air quality standard or
4    increment or visibility requirement under Part C of Title I
5    of the Clean Air Act, but only as it would apply to
6    temporary sources permitted pursuant to Section 504(e) of
7    the Clean Air Act.
8    "Applicable requirement" means all applicable Clean Air
9Act requirements and any other standard, limitation, or other
10requirement contained in this Act or regulations promulgated
11under this Act as applicable to sources of air contaminants
12(including requirements that have future effective compliance
13dates).
14    "CAAPP" means the Clean Air Act Permit Program, developed
15pursuant to Title V of the Clean Air Act.
16    "CAAPP application" means an application for a CAAPP
17permit.
18    "CAAPP Permit" or "permit" (unless the context suggests
19otherwise) means any permit issued, renewed, amended, modified
20or revised pursuant to Title V of the Clean Air Act.
21    "CAAPP source" means any source for which the owner or
22operator is required to obtain a CAAPP permit pursuant to
23subsection 2 of this Section.
24    "Clean Air Act" means the Clean Air Act, as now and
25hereafter amended, 42 U.S.C. 7401, et seq.
26    "Designated representative" has shall have the meaning

 

 

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1given to it in Section 402(26) of the Clean Air Act and the
2regulations promulgated thereunder, which state states that
3the term " 'designated representative" means ' shall mean a
4responsible person or official authorized by the owner or
5operator of a unit to represent the owner or operator in all
6matters pertaining to the holding, transfer, or disposition of
7allowances allocated to a unit, and the submission of and
8compliance with permits, permit applications, and compliance
9plans for the unit.
10    "Draft CAAPP permit" means the version of a CAAPP permit
11for which public notice and an opportunity for public comment
12and hearing is offered by the Agency.
13    "Effective date of the CAAPP" means the date that USEPA
14approves Illinois' CAAPP.
15    "Emission unit" means any part or activity of a stationary
16source that emits or has the potential to emit any air
17pollutant. This term is not meant to alter or affect the
18definition of the term "unit" for purposes of Title IV of the
19Clean Air Act.
20    "Federally enforceable" means enforceable by USEPA.
21    "Final permit action" means the Agency's granting with
22conditions, refusal to grant, renewal of, or revision of a
23CAAPP permit, the Agency's determination of incompleteness of a
24submitted CAAPP application, or the Agency's failure to act on
25an application for a permit, permit renewal, or permit revision
26within the time specified in paragraph 5(j), subsection 13, or

 

 

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1subsection 14, or paragraph (j) of subsection 5 of this
2Section.
3    "General permit" means a permit issued to cover numerous
4similar sources in accordance with subsection 11 of this
5Section.
6    "Major source" means a source for which emissions of one or
7more air pollutants meet the criteria for major status pursuant
8to paragraph 2(c) of subsection 2 of this Section.
9    "Maximum achievable control technology" or "MACT" means
10the maximum degree of reductions in emissions deemed achievable
11under Section 112 of the Clean Air Act.
12    "Owner or operator" means any person who owns, leases,
13operates, controls, or supervises a stationary source.
14    "Permit modification" means a revision to a CAAPP permit
15that cannot be accomplished under the provisions for
16administrative permit amendments under subsection 13 of this
17Section.
18    "Permit revision" means a permit modification or
19administrative permit amendment.
20    "Phase II" means the period of the national acid rain
21program, established under Title IV of the Clean Air Act,
22beginning January 1, 2000, and continuing thereafter.
23    "Phase II acid rain permit" means the portion of a CAAPP
24permit issued, renewed, modified, or revised by the Agency
25during Phase II for an affected source for acid deposition.
26    "Potential to emit" means the maximum capacity of a

 

 

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1stationary source to emit any air pollutant under its physical
2and operational design. Any physical or operational limitation
3on the capacity of a source to emit an air pollutant, including
4air pollution control equipment and restrictions on hours of
5operation or on the type or amount of material combusted,
6stored, or processed, shall be treated as part of its design if
7the limitation is enforceable by USEPA. This definition does
8not alter or affect the use of this term for any other purposes
9under the Clean Air Act, or the term "capacity factor" as used
10in Title IV of the Clean Air Act or the regulations promulgated
11thereunder.
12    "Preconstruction Permit" or "Construction Permit" means a
13permit which is to be obtained prior to commencing or beginning
14actual construction or modification of a source or emissions
15unit.
16    "Proposed CAAPP permit" means the version of a CAAPP permit
17that the Agency proposes to issue and forwards to USEPA for
18review in compliance with applicable requirements of the Act
19and regulations promulgated thereunder.
20    "Regulated air pollutant" means the following:
21        (1) Nitrogen oxides (NOx) or any volatile organic
22    compound.
23        (2) Any pollutant for which a national ambient air
24    quality standard has been promulgated.
25        (3) Any pollutant that is subject to any standard
26    promulgated under Section 111 of the Clean Air Act.

 

 

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1        (4) Any Class I or II substance subject to a standard
2    promulgated under or established by Title VI of the Clean
3    Air Act.
4        (5) Any pollutant subject to a standard promulgated
5    under Section 112 or other requirements established under
6    Section 112 of the Clean Air Act, including Sections
7    112(g), (j) and (r).
8            (i) Any pollutant subject to requirements under
9        Section 112(j) of the Clean Air Act. Any pollutant
10        listed under Section 112(b) for which the subject
11        source would be major shall be considered to be
12        regulated 18 months after the date on which USEPA was
13        required to promulgate an applicable standard pursuant
14        to Section 112(e) of the Clean Air Act, if USEPA fails
15        to promulgate such standard.
16            (ii) Any pollutant for which the requirements of
17        Section 112(g)(2) of the Clean Air Act have been met,
18        but only with respect to the individual source subject
19        to Section 112(g)(2) requirement.
20        (6) Greenhouse gases.
21    "Renewal" means the process by which a permit is reissued
22at the end of its term.
23    "Responsible official" means one of the following:
24        (1) For a corporation: a president, secretary,
25    treasurer, or vice-president of the corporation in charge
26    of a principal business function, or any other person who

 

 

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1    performs similar policy or decision-making functions for
2    the corporation, or a duly authorized representative of
3    such person if the representative is responsible for the
4    overall operation of one or more manufacturing,
5    production, or operating facilities applying for or
6    subject to a permit and either (i) the facilities employ
7    more than 250 persons or have gross annual sales or
8    expenditures exceeding $25 million (in second quarter 1980
9    dollars), or (ii) the delegation of authority to such
10    representative is approved in advance by the Agency.
11        (2) For a partnership or sole proprietorship: a general
12    partner or the proprietor, respectively, or in the case of
13    a partnership in which all of the partners are
14    corporations, a duly authorized representative of the
15    partnership if the representative is responsible for the
16    overall operation of one or more manufacturing,
17    production, or operating facilities applying for or
18    subject to a permit and either (i) the facilities employ
19    more than 250 persons or have gross annual sales or
20    expenditures exceeding $25 million (in second quarter 1980
21    dollars), or (ii) the delegation of authority to such
22    representative is approved in advance by the Agency.
23        (3) For a municipality, State, Federal, or other public
24    agency: either a principal executive officer or ranking
25    elected official. For the purposes of this part, a
26    principal executive officer of a Federal agency includes

 

 

09700HB1297sam001- 122 -LRB097 07110 JDS 55885 a

1    the chief executive officer having responsibility for the
2    overall operations of a principal geographic unit of the
3    agency (e.g., a Regional Administrator of USEPA).
4        (4) For affected sources for acid deposition:
5            (i) The designated representative shall be the
6        "responsible official" in so far as actions,
7        standards, requirements, or prohibitions under Title
8        IV of the Clean Air Act or the regulations promulgated
9        thereunder are concerned.
10            (ii) The designated representative may also be the
11        "responsible official" for any other purposes with
12        respect to air pollution control.
13    "Section 502(b)(10) changes" means changes that contravene
14express permit terms. "Section 502(b)(10) changes" do not
15include changes that would violate applicable requirements or
16contravene federally enforceable permit terms or conditions
17that are monitoring (including test methods), recordkeeping,
18reporting, or compliance certification requirements.
19    "Solid waste incineration unit" means a distinct operating
20unit of any facility which combusts any solid waste material
21from commercial or industrial establishments or the general
22public (including single and multiple residences, hotels, and
23motels). The term does not include incinerators or other units
24required to have a permit under Section 3005 of the Solid Waste
25Disposal Act. The term also does not include (A) materials
26recovery facilities (including primary or secondary smelters)

 

 

09700HB1297sam001- 123 -LRB097 07110 JDS 55885 a

1which combust waste for the primary purpose of recovering
2metals, (B) qualifying small power production facilities, as
3defined in Section 3(17)(C) of the Federal Power Act (16 U.S.C.
4769(17)(C)), or qualifying cogeneration facilities, as defined
5in Section 3(18)(B) of the Federal Power Act (16 U.S.C.
6796(18)(B)), which burn homogeneous waste (such as units which
7burn tires or used oil, but not including refuse-derived fuel)
8for the production of electric energy or in the case of
9qualifying cogeneration facilities which burn homogeneous
10waste for the production of electric energy and steam or forms
11of useful energy (such as heat) which are used for industrial,
12commercial, heating or cooling purposes, or (C) air curtain
13incinerators provided that such incinerators only burn wood
14wastes, yard waste and clean lumber and that such air curtain
15incinerators comply with opacity limitations to be established
16by the USEPA by rule.
17    "Source" means any stationary is source (or any group of
18stationary sources) that are located on one or more contiguous
19or adjacent properties that are under common control of the
20same person (or persons under common control) and that belongs
21to a single major industrial grouping. For the purposes of
22defining "source," a stationary source or group of stationary
23sources shall be considered part of a single major industrial
24grouping if all of the pollutant emitting activities at such
25source or group of sources located on contiguous or adjacent
26properties and under common control belong to the same Major

 

 

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1Group (i.e., all have the same two-digit code) as described in
2the Standard Industrial Classification Manual, 1987, or such
3pollutant emitting activities at a stationary source (or group
4of stationary sources) located on contiguous or adjacent
5properties and under common control constitute a support
6facility. The determination as to whether any group of
7stationary sources is are located on contiguous or adjacent
8properties, and/or is are under common control, and/or whether
9the pollutant emitting activities at such group of stationary
10sources constitute a support facility shall be made on a case
11by case basis.
12    "Stationary source" means any building, structure,
13facility, or installation that emits or may emit any regulated
14air pollutant or any pollutant listed under Section 112(b) of
15the Clean Air Act.
16    "Subject to regulation" has the meaning given to it in 40
17CFR 70.2, as now or hereafter amended.
18    "Support facility" means any stationary source (or group of
19stationary sources) that conveys, stores, or otherwise assists
20to a significant extent in the production of a principal
21product at another stationary source (or group of stationary
22sources). A support facility shall be considered to be part of
23the same source as the stationary source (or group of
24stationary sources) that it supports regardless of the 2-digit
25Standard Industrial Classification code for the support
26facility.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1            listed pursuant to Section 112(b) of the Clean Air
2            Act, 25 tpy or more of any combination of such
3            hazardous air pollutants, or such lesser quantity
4            as USEPA may establish by rule. Notwithstanding
5            the preceding sentence, emissions from any oil or
6            gas exploration or production well (with its
7            associated equipment) and emissions from any
8            pipeline compressor or pump station shall not be
9            aggregated with emissions from other similar
10            units, whether or not such units are in a
11            contiguous area or under common control, to
12            determine whether such stations are major sources.
13                B. For radionuclides, "major source" shall
14            have the meaning specified by the USEPA by rule.
15            ii. A major stationary source of air pollutants, as
16        defined in Section 302 of the Clean Air Act, that
17        directly emits or has the potential to emit, 100 tpy or
18        more of any air pollutant subject to regulation
19        (including any major source of fugitive emissions of
20        any such pollutant, as determined by rule by USEPA).
21        For purposes of this subsection, "fugitive emissions"
22        means those emissions which could not reasonably pass
23        through a stack, chimney, vent, or other
24        functionally-equivalent opening. The fugitive
25        emissions of a stationary source shall not be
26        considered in determining whether it is a major

 

 

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1        stationary source for the purposes of Section 302(j) of
2        the Clean Air Act, unless the source belongs to one of
3        the following categories of stationary source:
4                A. Coal cleaning plants (with thermal dryers).
5                B. Kraft pulp mills.
6                C. Portland cement plants.
7                D. Primary zinc smelters.
8                E. Iron and steel mills.
9                F. Primary aluminum ore reduction plants.
10                G. Primary copper smelters.
11                H. Municipal incinerators capable of charging
12            more than 250 tons of refuse per day.
13                I. Hydrofluoric, sulfuric, or nitric acid
14            plants.
15                J. Petroleum refineries.
16                K. Lime plants.
17                L. Phosphate rock processing plants.
18                M. Coke oven batteries.
19                N. Sulfur recovery plants.
20                O. Carbon black plants (furnace process).
21                P. Primary lead smelters.
22                Q. Fuel conversion plants.
23                R. Sintering plants.
24                S. Secondary metal production plants.
25                T. Chemical process plants.
26                U. Fossil-fuel boilers (or combination

 

 

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1            thereof) totaling more than 250 million British
2            thermal units per hour heat input.
3                V. Petroleum storage and transfer units with a
4            total storage capacity exceeding 300,000 barrels.
5                W. Taconite ore processing plants.
6                X. Glass fiber processing plants.
7                Y. Charcoal production plants.
8                Z. Fossil fuel-fired steam electric plants of
9            more than 250 million British thermal units per
10            hour heat input.
11                AA. All other stationary source categories,
12            which as of August 7, 1980 are being regulated by a
13            standard promulgated under Section 111 or 112 of
14            the Clean Air Act.
15                BB. Any other stationary source category
16            designated by USEPA by rule.
17            iii. A major stationary source as defined in part D
18        of Title I of the Clean Air Act including:
19                A. For ozone nonattainment areas, sources with
20            the potential to emit 100 tons or more per year of
21            volatile organic compounds or oxides of nitrogen
22            in areas classified as "marginal" or "moderate",
23            50 tons or more per year in areas classified as
24            "serious", 25 tons or more per year in areas
25            classified as "severe", and 10 tons or more per
26            year in areas classified as "extreme"; except that

 

 

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1            the references in this clause to 100, 50, 25, and
2            10 tons per year of nitrogen oxides shall not apply
3            with respect to any source for which USEPA has made
4            a finding, under Section 182(f)(1) or (2) of the
5            Clean Air Act, that requirements otherwise
6            applicable to such source under Section 182(f) of
7            the Clean Air Act do not apply. Such sources shall
8            remain subject to the major source criteria of
9            subparagraph (ii) of paragraph 2(c)(ii) of this
10            subsection.
11                B. For ozone transport regions established
12            pursuant to Section 184 of the Clean Air Act,
13            sources with the potential to emit 50 tons or more
14            per year of volatile organic compounds (VOCs).
15                C. For carbon monoxide nonattainment areas (1)
16            that are classified as "serious", and (2) in which
17            stationary sources contribute significantly to
18            carbon monoxide levels as determined under rules
19            issued by USEPA, sources with the potential to emit
20            50 tons or more per year of carbon monoxide.
21                D. For particulate matter (PM-10)
22            nonattainment areas classified as "serious",
23            sources with the potential to emit 70 tons or more
24            per year of PM-10.
 
25    3. Agency Authority To Issue CAAPP Permits and Federally

 

 

09700HB1297sam001- 134 -LRB097 07110 JDS 55885 a

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

 

 

09700HB1297sam001- 135 -LRB097 07110 JDS 55885 a

1    under Section 505 of the Clean Air Act, as now and
2    hereafter amended, shall be deemed to be a permit issued by
3    the Agency pursuant to Section 39.5 of this Act.
 
4    4. Transition.
5        a. An owner or operator of a CAAPP source shall not be
6    required to renew an existing State operating permit for
7    any emission unit at such CAAPP source once a CAAPP
8    application timely submitted prior to expiration of the
9    State operating permit has been deemed complete. For
10    purposes other than permit renewal, the obligation upon the
11    owner or operator of a CAAPP source to obtain a State
12    operating permit is not removed upon submittal of the
13    complete CAAPP permit application. An owner or operator of
14    a CAAPP source seeking to make a modification to a source
15    prior to the issuance of its CAAPP permit shall be required
16    to obtain a construction permit, and/or operating permit,
17    or both as required for such modification in accordance
18    with the State permit program under subsection (a) of
19    Section 39(a) of this Act, as amended, and regulations
20    promulgated thereunder. The application for such
21    construction permit, and/or operating permit, or both
22    shall be considered an amendment to the CAAPP application
23    submitted for such source.
24        b. An owner or operator of a CAAPP source shall
25    continue to operate in accordance with the terms and

 

 

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1    conditions of its applicable State operating permit
2    notwithstanding the expiration of the State operating
3    permit until the source's CAAPP permit has been issued.
4        c. An owner or operator of a CAAPP source shall submit
5    its initial CAAPP application to the Agency no later than
6    12 months after the effective date of the CAAPP. The Agency
7    may request submittal of initial CAAPP applications during
8    this 12-month 12 month period according to a schedule set
9    forth within Agency procedures, however, in no event shall
10    the Agency require such submittal earlier than 3 months
11    after such effective date of the CAAPP. An owner or
12    operator may voluntarily submit its initial CAAPP
13    application prior to the date required within this
14    paragraph or applicable procedures, if any, subsequent to
15    the date the Agency submits the CAAPP to USEPA for
16    approval.
17        d. The Agency shall act on initial CAAPP applications
18    in accordance with paragraph (j) of subsection 5(j) of this
19    Section.
20        e. For purposes of this Section, the term "initial
21    CAAPP application" shall mean the first CAAPP application
22    submitted for a source existing as of the effective date of
23    the CAAPP.
24        f. The Agency shall provide owners or operators of
25    CAAPP sources with at least 3 three months advance notice
26    of the date on which their applications are required to be

 

 

09700HB1297sam001- 137 -LRB097 07110 JDS 55885 a

1    submitted. In determining which sources shall be subject to
2    early submittal, the Agency shall include among its
3    considerations the complexity of the permit application,
4    and the burden that such early submittal will have on the
5    source.
6        g. The CAAPP permit shall upon becoming effective
7    supersede the State operating permit.
8        h. The Agency shall have the authority to adopt
9    procedural rules, in accordance with the Illinois
10    Administrative Procedure Act, as the Agency deems
11    necessary, to implement this subsection.
 
12    5. Applications and Completeness.
13        a. An owner or operator of a CAAPP source shall submit
14    its complete CAAPP application consistent with the Act and
15    applicable regulations.
16        b. An owner or operator of a CAAPP source shall submit
17    a single complete CAAPP application covering all emission
18    units at that source.
19        c. To be deemed complete, a CAAPP application must
20    provide all information, as requested in Agency
21    application forms, sufficient to evaluate the subject
22    source and its application and to determine all applicable
23    requirements, pursuant to the Clean Air Act, and
24    regulations thereunder, this Act and regulations
25    thereunder. Such Agency application forms shall be

 

 

09700HB1297sam001- 138 -LRB097 07110 JDS 55885 a

1    finalized and made available prior to the date on which any
2    CAAPP application is required.
3        d. An owner or operator of a CAAPP source shall submit,
4    as part of its complete CAAPP application, a compliance
5    plan, including a schedule of compliance, describing how
6    each emission unit will comply with all applicable
7    requirements. Any such schedule of compliance shall be
8    supplemental to, and shall not sanction noncompliance
9    with, the applicable requirements on which it is based.
10        e. Each submitted CAAPP application shall be certified
11    for truth, accuracy, and completeness by a responsible
12    official in accordance with applicable regulations.
13        f. The Agency shall provide notice to a CAAPP applicant
14    as to whether a submitted CAAPP application is complete.
15    Unless the Agency notifies the applicant of
16    incompleteness, within 60 days after of receipt of the
17    CAAPP application, the application shall be deemed
18    complete. The Agency may request additional information as
19    needed to make the completeness determination. The Agency
20    may to the extent practicable provide the applicant with a
21    reasonable opportunity to correct deficiencies prior to a
22    final determination of completeness.
23        g. If after the determination of completeness the
24    Agency finds that additional information is necessary to
25    evaluate or take final action on the CAAPP application, the
26    Agency may request in writing such information from the

 

 

09700HB1297sam001- 139 -LRB097 07110 JDS 55885 a

1    source with a reasonable deadline for response.
2        h. If the owner or operator of a CAAPP source submits a
3    timely and complete CAAPP application, the source's
4    failure to have a CAAPP permit shall not be a violation of
5    this Section until the Agency takes final action on the
6    submitted CAAPP application, provided, however, where the
7    applicant fails to submit the requested information under
8    paragraph 5(g) of this subsection 5 within the time frame
9    specified by the Agency, this protection shall cease to
10    apply.
11        i. Any applicant who fails to submit any relevant facts
12    necessary to evaluate the subject source and its CAAPP
13    application or who has submitted incorrect information in a
14    CAAPP application shall, upon becoming aware of such
15    failure or incorrect submittal, submit supplementary facts
16    or correct information to the Agency. In addition, an
17    applicant shall provide to the Agency additional
18    information as necessary to address any requirements which
19    become applicable to the source subsequent to the date the
20    applicant submitted its complete CAAPP application but
21    prior to release of the draft CAAPP permit.
22        j. The Agency shall issue or deny the CAAPP permit
23    within 18 months after the date of receipt of the complete
24    CAAPP application, with the following exceptions: (i)
25    permits for affected sources for acid deposition shall be
26    issued or denied within 6 months after receipt of a

 

 

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1    complete application in accordance with subsection 17 of
2    this Section; (ii) the Agency shall act on initial CAAPP
3    applications within 24 months after the date of receipt of
4    the complete CAAPP application; (iii) the Agency shall act
5    on complete applications containing early reduction
6    demonstrations under Section 112(i)(5) of the Clean Air Act
7    within 9 months of receipt of the complete CAAPP
8    application.
9        Where the Agency does not take final action on the
10    permit within the required time period, the permit shall
11    not be deemed issued; rather, the failure to act shall be
12    treated as a final permit action for purposes of judicial
13    review pursuant to Sections 40.2 and 41 of this Act.
14        k. The submittal of a complete CAAPP application shall
15    not affect the requirement that any source have a
16    preconstruction permit under Title I of the Clean Air Act.
17        l. Unless a timely and complete renewal application has
18    been submitted consistent with this subsection, a CAAPP
19    source operating upon the expiration of its CAAPP permit
20    shall be deemed to be operating without a CAAPP permit.
21    Such operation is prohibited under this Act.
22        m. Permits being renewed shall be subject to the same
23    procedural requirements, including those for public
24    participation and federal review and objection, that apply
25    to original permit issuance.
26        n. For purposes of permit renewal, a timely application

 

 

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1    is one that is submitted no less than 9 months prior to the
2    date of permit expiration.
3        o. The terms and conditions of a CAAPP permit shall
4    remain in effect until the issuance of a CAAPP renewal
5    permit provided a timely and complete CAAPP application has
6    been submitted.
7        p. The owner or operator of a CAAPP source seeking a
8    permit shield pursuant to paragraph 7(j) of subsection 7 of
9    this Section shall request such permit shield in the CAAPP
10    application regarding that source.
11        q. The Agency shall make available to the public all
12    documents submitted by the applicant to the Agency,
13    including each CAAPP application, compliance plan
14    (including the schedule of compliance), and emissions or
15    compliance monitoring report, with the exception of
16    information entitled to confidential treatment pursuant to
17    Section 7 of this Act.
18        r. The Agency shall use the standardized forms required
19    under Title IV of the Clean Air Act and regulations
20    promulgated thereunder for affected sources for acid
21    deposition.
22        s. An owner or operator of a CAAPP source may include
23    within its CAAPP application a request for permission to
24    operate during a startup, malfunction, or breakdown
25    consistent with applicable Board regulations.
26        t. An owner or operator of a CAAPP source, in order to

 

 

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

 

 

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1    the Board defining insignificant activities or emission
2    levels, consistent with federal regulations, if any, no
3    later than 18 months after the effective date of this
4    amendatory Act of 1992, consistent with Section 112(n)(1)
5    of the Clean Air Act. The Board shall adopt final
6    regulations defining insignificant activities or emission
7    levels no later than 9 months after the date of the
8    Agency's proposal.
9        x. The owner or operator of a new CAAPP source shall
10    submit its complete CAAPP application consistent with this
11    subsection within 12 months after commencing operation of
12    such source. The owner or operator of an existing source
13    that has been excluded from the provisions of this Section
14    under subsection 1.1 or paragraph (c) of subsection 3(c) of
15    this Section and that becomes subject to the CAAPP solely
16    due to a change in operation at the source shall submit its
17    complete CAAPP application consistent with this subsection
18    at least 180 days before commencing operation in accordance
19    with the change in operation.
20        y. 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    6. Prohibitions.
25        a. It shall be unlawful for any person to violate any

 

 

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

 

 

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1    limitations and standards and other enforceable terms and
2    conditions, including but not limited to operational
3    requirements, and schedules for achieving compliance at
4    the earliest reasonable date, which are or will be required
5    to accomplish the purposes and provisions of this Act and
6    to assure compliance with all applicable requirements.
7        b. The Agency shall include among such conditions
8    applicable monitoring, reporting, record keeping and
9    compliance certification requirements, as authorized by
10    paragraphs (d), (e), and (f) d, e, and f of this
11    subsection, that the Agency deems necessary to assure
12    compliance with the Clean Air Act, the regulations
13    promulgated thereunder, this Act, and applicable Board
14    regulations. When monitoring, reporting, record keeping,
15    and compliance certification requirements are specified
16    within the Clean Air Act, regulations promulgated
17    thereunder, this Act, or applicable regulations, such
18    requirements shall be included within the CAAPP permit. The
19    Board shall have authority to promulgate additional
20    regulations where necessary to accomplish the purposes of
21    the Clean Air Act, this Act, and regulations promulgated
22    thereunder.
23        c. The Agency shall assure, within such conditions, the
24    use of terms, test methods, units, averaging periods, and
25    other statistical conventions consistent with the
26    applicable emission limitations, standards, and other

 

 

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

 

 

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1    identify all applicable recordkeeping requirements and
2    require, where applicable, the following:
3            i. Records of required monitoring information that
4        include the following:
5                A. The date, place and time of sampling or
6            measurements.
7                B. The date(s) analyses were performed.
8                C. The company or entity that performed the
9            analyses.
10                D. The analytical techniques or methods used.
11                E. The results of such analyses.
12                F. The operating conditions as existing at the
13            time of sampling or measurement.
14            ii.    Retention of records of all monitoring data
15        and support information for a period of at least 5
16        years from the date of the monitoring sample,
17        measurement, report, or application. Support
18        information includes all calibration and maintenance
19        records, original strip-chart recordings for
20        continuous monitoring instrumentation, and copies of
21        all reports required by the permit.
22        f. To meet the requirements of this subsection with
23    respect to reporting, the permit shall incorporate and
24    identify all applicable reporting requirements and require
25    the following:
26            i. Submittal of reports of any required monitoring

 

 

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1        every 6 months. More frequent submittals may be
2        requested by the Agency if such submittals are
3        necessary to assure compliance with this Act or
4        regulations promulgated by the Board thereunder. All
5        instances of deviations from permit requirements must
6        be clearly identified in such reports. All required
7        reports must be certified by a responsible official
8        consistent with subsection 5 of this Section.
9            ii. Prompt reporting of deviations from permit
10        requirements, including those attributable to upset
11        conditions as defined in the permit, the probable cause
12        of such deviations, and any corrective actions or
13        preventive measures taken.
14        g. Each CAAPP permit issued under subsection 10 of this
15    Section shall include a condition prohibiting emissions
16    exceeding any allowances that the source lawfully holds
17    under Title IV of the Clean Air Act or the regulations
18    promulgated thereunder, consistent with subsection 17 of
19    this Section and applicable regulations, if any.
20        h. All CAAPP permits shall state that, where another
21    applicable requirement of the Clean Air Act is more
22    stringent than any applicable requirement of regulations
23    promulgated under Title IV of the Clean Air Act, both
24    provisions shall be incorporated into the permit and shall
25    be State and federally enforceable.
26        i. Each CAAPP permit issued under subsection 10 of this

 

 

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1    Section shall include a severability clause to ensure the
2    continued validity of the various permit requirements in
3    the event of a challenge to any portions of the permit.
4        j. The following shall apply with respect to owners or
5    operators requesting a permit shield:
6            i. The Agency shall include in a CAAPP permit, when
7        requested by an applicant pursuant to paragraph 5(p) of
8        subsection 5 of this Section, a provision stating that
9        compliance with the conditions of the permit shall be
10        deemed compliance with applicable requirements which
11        are applicable as of the date of release of the
12        proposed permit, provided that:
13                A. The applicable requirement is specifically
14            identified within the permit; or
15                B. The Agency in acting on the CAAPP
16            application or revision determines in writing that
17            other requirements specifically identified are not
18            applicable to the source, and the permit includes
19            that determination or a concise summary thereof.
20            ii. The permit shall identify the requirements for
21        which the source is shielded. The shield shall not
22        extend to applicable requirements which are
23        promulgated after the date of release of the proposed
24        permit unless the permit has been modified to reflect
25        such new requirements.
26            iii. A CAAPP permit which does not expressly

 

 

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1        indicate the existence of a permit shield shall not
2        provide such a shield.
3            iv. Nothing in this paragraph or in a CAAPP permit
4        shall alter or affect the following:
5                A. The provisions of Section 303 (emergency
6            powers) of the Clean Air Act, including USEPA's
7            authority under that section.
8                B. The liability of an owner or operator of a
9            source for any violation of applicable
10            requirements prior to or at the time of permit
11            issuance.
12                C. The applicable requirements of the acid
13            rain program consistent with Section 408(a) of the
14            Clean Air Act.
15                D. The ability of USEPA to obtain information
16            from a source pursuant to Section 114
17            (inspections, monitoring, and entry) of the Clean
18            Air Act.
19        k. Each CAAPP permit shall include an emergency
20    provision providing an affirmative defense of emergency to
21    an action brought for noncompliance with technology-based
22    emission limitations under a CAAPP permit if the following
23    conditions are met through properly signed,
24    contemporaneous operating logs, or other relevant
25    evidence:
26            i. An emergency occurred and the permittee can

 

 

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1        identify the cause(s) of the emergency.
2            ii. The permitted facility was at the time being
3        properly operated.
4            iii. The permittee submitted notice of the
5        emergency to the Agency within 2 working days after of
6        the time when emission limitations were exceeded due to
7        the emergency. This notice must contain a detailed
8        description of the emergency, any steps taken to
9        mitigate emissions, and corrective actions taken.
10            iv. During the period of the emergency the
11        permittee took all reasonable steps to minimize levels
12        of emissions that exceeded the emission limitations,
13        standards, or requirements in the permit.
14        For purposes of this subsection, "emergency" means any
15    situation arising from sudden and reasonably unforeseeable
16    events beyond the control of the source, such as an act of
17    God, that requires immediate corrective action to restore
18    normal operation, and that causes the source to exceed a
19    technology-based emission limitation under the permit, due
20    to unavoidable increases in emissions attributable to the
21    emergency. An emergency shall not include noncompliance to
22    the extent caused by improperly designed equipment, lack of
23    preventative maintenance, careless or improper operation,
24    or operation error.
25        In any enforcement proceeding, the permittee seeking
26    to establish the occurrence of an emergency has the burden

 

 

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1    of proof. This provision is in addition to any emergency or
2    upset provision contained in any applicable requirement.
3    This provision does not relieve a permittee of any
4    reporting obligations under existing federal or state laws
5    or regulations.
6        l. The Agency shall include in each permit issued under
7    subsection 10 of this Section:
8            i. Terms and conditions for reasonably anticipated
9        operating scenarios identified by the source in its
10        application. The permit terms and conditions for each
11        such operating scenario shall meet all applicable
12        requirements and the requirements of this Section.
13                A. Under this subparagraph, the source must
14            record in a log at the permitted facility a record
15            of the scenario under which it is operating
16            contemporaneously with making a change from one
17            operating scenario to another.
18                B. The permit shield described in paragraph
19            7(j) of subsection 7 of this Section shall extend
20            to all terms and conditions under each such
21            operating scenario.
22            ii. Where requested by an applicant, all terms and
23        conditions allowing for trading of emissions increases
24        and decreases between different emission units at the
25        CAAPP source, to the extent that the applicable
26        requirements provide for trading of such emissions

 

 

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1        increases and decreases without a case-by-case
2        approval of each emissions trade. Such terms and
3        conditions:
4                A. Shall include all terms required under this
5            subsection to determine compliance;
6                B. Must meet all applicable requirements;
7                C. Shall extend the permit shield described in
8            paragraph 7(j) of subsection 7 of this Section to
9            all terms and conditions that allow such increases
10            and decreases in emissions.
11        m. The Agency shall specifically designate as not being
12    federally enforceable under the Clean Air Act any terms and
13    conditions included in the permit that are not specifically
14    required under the Clean Air Act or federal regulations
15    promulgated thereunder. Terms or conditions so designated
16    shall be subject to all applicable state requirements,
17    except the requirements of subsection 7 (other than this
18    paragraph, paragraph q of subsection 7, subsections 8
19    through 11, and subsections 13 through 16 of this Section.
20    The Agency shall, however, include such terms and
21    conditions in the CAAPP permit issued to the source.
22        n. Each CAAPP permit issued under subsection 10 of this
23    Section shall specify and reference the origin of and
24    authority for each term or condition, and identify any
25    difference in form as compared to the applicable
26    requirement upon which the term or condition is based.

 

 

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1        o. Each CAAPP permit issued under subsection 10 of this
2    Section shall include provisions stating the following:
3            i. Duty to comply. The permittee must comply with
4        all terms and conditions of the CAAPP permit. Any
5        permit noncompliance constitutes a violation of the
6        Clean Air Act and the Act, and is grounds for any or
7        all of the following: enforcement action; permit
8        termination, revocation and reissuance, or
9        modification; or denial of a permit renewal
10        application.
11            ii. Need to halt or reduce activity not a defense.
12        It shall not be a defense for a permittee in an
13        enforcement action that it would have been necessary to
14        halt or reduce the permitted activity in order to
15        maintain compliance with the conditions of this
16        permit.
17            iii. Permit actions. The permit may be modified,
18        revoked, reopened, and reissued, or terminated for
19        cause in accordance with the applicable subsections of
20        Section 39.5 of this Act. The filing of a request by
21        the permittee for a permit modification, revocation
22        and reissuance, or termination, or of a notification of
23        planned changes or anticipated noncompliance does not
24        stay any permit condition.
25            iv. Property rights. The permit does not convey any
26        property rights of any sort, or any exclusive

 

 

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1        privilege.
2            v. Duty to provide information. The permittee
3        shall furnish to the Agency within a reasonable time
4        specified by the Agency any information that the Agency
5        may request in writing to determine whether cause
6        exists for modifying, revoking and reissuing, or
7        terminating the permit or to determine compliance with
8        the permit. Upon request, the permittee shall also
9        furnish to the Agency copies of records required to be
10        kept by the permit or, for information claimed to be
11        confidential, the permittee may furnish such records
12        directly to USEPA along with a claim of
13        confidentiality.
14            vi. Duty to pay fees. The permittee must pay fees
15        to the Agency consistent with the fee schedule approved
16        pursuant to subsection 18 of this Section, and submit
17        any information relevant thereto.
18            vii. Emissions trading. No permit revision shall
19        be required for increases in emissions allowed under
20        any approved economic incentives, marketable permits,
21        emissions trading, and other similar programs or
22        processes for changes that are provided for in the
23        permit and that are authorized by the applicable
24        requirement.
25        p. Each CAAPP permit issued under subsection 10 of this
26    Section shall contain the following elements with respect

 

 

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1    to compliance:
2            i. Compliance certification, testing, monitoring,
3        reporting, and record keeping requirements sufficient
4        to assure compliance with the terms and conditions of
5        the permit. Any document (including reports) required
6        by a CAAPP permit shall contain a certification by a
7        responsible official that meets the requirements of
8        subsection 5 of this Section and applicable
9        regulations.
10            ii. Inspection and entry requirements that
11        necessitate that, upon presentation of credentials and
12        other documents as may be required by law and in
13        accordance with constitutional limitations, the
14        permittee shall allow the Agency, or an authorized
15        representative to perform the following:
16                A. Enter upon the permittee's premises where a
17            CAAPP source is located or emissions-related
18            activity is conducted, or where records must be
19            kept under the conditions of the permit.
20                B. Have access to and copy, at reasonable
21            times, any records that must be kept under the
22            conditions of the permit.
23                C. Inspect at reasonable times any facilities,
24            equipment (including monitoring and air pollution
25            control equipment), practices, or operations
26            regulated or required under the permit.

 

 

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1                D. Sample or monitor any substances or
2            parameters at any location:
3                    1. As authorized by the Clean Air Act, at
4                reasonable times, for the purposes of assuring
5                compliance with the CAAPP permit or applicable
6                requirements; or
7                    2. As otherwise authorized by this Act.
8            iii. A schedule of compliance consistent with
9        subsection 5 of this Section and applicable
10        regulations.
11            iv. Progress reports consistent with an applicable
12        schedule of compliance pursuant to paragraph 5(d) of
13        subsection 5 of this Section and applicable
14        regulations to be submitted semiannually, or more
15        frequently if the Agency determines that such more
16        frequent submittals are necessary for compliance with
17        the Act or regulations promulgated by the Board
18        thereunder. Such progress reports shall contain the
19        following:
20                A. Required dates for achieving the
21            activities, milestones, or compliance required by
22            the schedule of compliance and dates when such
23            activities, milestones or compliance were
24            achieved.
25                B. An explanation of why any dates in the
26            schedule of compliance were not or will not be met,

 

 

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1            and any preventive or corrective measures adopted.
2            v. Requirements for compliance certification with
3        terms and conditions contained in the permit,
4        including emission limitations, standards, or work
5        practices. Permits shall include each of the
6        following:
7                A. The frequency (annually or more frequently
8            as specified in any applicable requirement or by
9            the Agency pursuant to written procedures) of
10            submissions of compliance certifications.
11                B. A means for assessing or monitoring the
12            compliance of the source with its emissions
13            limitations, standards, and work practices.
14                C. A requirement that the compliance
15            certification include the following:
16                    1. The identification of each term or
17                condition contained in the permit that is the
18                basis of the certification.
19                    2. The compliance status.
20                    3. Whether compliance was continuous or
21                intermittent.
22                    4. The method(s) used for determining the
23                compliance status of the source, both
24                currently and over the reporting period
25                consistent with subsection 7 of this Section
26                39.5 of the Act.

 

 

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1                D. A requirement that all compliance
2            certifications be submitted to USEPA as well as to
3            the Agency.
4                E. Additional requirements as may be specified
5            pursuant to Sections 114(a)(3) and 504(b) of the
6            Clean Air Act.
7                F. Other provisions as the Agency may require.
8        q. If the owner or operator of CAAPP source can
9    demonstrate in its CAAPP application, including an
10    application for a significant modification, that an
11    alternative emission limit would be equivalent to that
12    contained in the applicable Board regulations, the Agency
13    shall include the alternative emission limit in the CAAPP
14    permit, which shall supersede the emission limit set forth
15    in the applicable Board regulations, and shall include
16    conditions that insure that the resulting emission limit is
17    quantifiable, accountable, enforceable, and based on
18    replicable procedures.
19    8. Public Notice; Affected State Review.
20        a. The Agency shall provide notice to the public,
21    including an opportunity for public comment and a hearing,
22    on each draft CAAPP permit for issuance, renewal or
23    significant modification, subject to Section Sections 7(a)
24    and 7.1 and subsection (a) of Section 7 of this Act.
25        b. The Agency shall prepare a draft CAAPP permit and a
26    statement that sets forth the legal and factual basis for

 

 

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1    the draft CAAPP permit conditions, including references to
2    the applicable statutory or regulatory provisions. The
3    Agency shall provide this statement to any person who
4    requests it.
5        c. The Agency shall give notice of each draft CAAPP
6    permit to the applicant and to any affected State on or
7    before the time that the Agency has provided notice to the
8    public, except as otherwise provided in this Act.
9        d. The Agency, as part of its submittal of a proposed
10    permit to USEPA (or as soon as possible after the submittal
11    for minor permit modification procedures allowed under
12    subsection 14 of this Section), shall notify USEPA and any
13    affected State in writing of any refusal of the Agency to
14    accept all of the recommendations for the proposed permit
15    that an affected State submitted during the public or
16    affected State review period. The notice shall include the
17    Agency's reasons for not accepting the recommendations.
18    The Agency is not required to accept recommendations that
19    are not based on applicable requirements or the
20    requirements of this Section.
21        e. The Agency shall make available to the public any
22    CAAPP permit application, compliance plan (including the
23    schedule of compliance), CAAPP permit, and emissions or
24    compliance monitoring report. If an owner or operator of a
25    CAAPP source is required to submit information entitled to
26    protection from disclosure under Section 7(a) or Section

 

 

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1    7.1 and subsection (a) of Section 7 of this Act, the owner
2    or operator shall submit such information separately. The
3    requirements of Section 7(a) or Section 7.1 and subsection
4    (a) of Section 7 of this Act shall apply to such
5    information, which shall not be included in a CAAPP permit
6    unless required by law. The contents of a CAAPP permit
7    shall not be entitled to protection under Section 7(a) or
8    Section 7.1 and subsection (a) of Section 7 of this Act.
9        f. The Agency shall have the authority to adopt
10    procedural rules, in accordance with the Illinois
11    Administrative Procedure Act, as the Agency deems
12    necessary, to implement this subsection.
13        g. If requested by the permit applicant, the Agency
14    shall provide the permit applicant with a copy of the draft
15    CAAPP permit prior to any public review period. If
16    requested by the permit applicant, the Agency shall provide
17    the permit applicant with a copy of the final CAAPP permit
18    prior to issuance of the CAAPP permit.
 
19    9. USEPA Notice and Objection.
20        a. The Agency shall provide to USEPA for its review a
21    copy of each CAAPP application (including any application
22    for permit modification), statement of basis as provided in
23    paragraph 8(b) of subsection 8 of this Section, proposed
24    CAAPP permit, CAAPP permit, and, if the Agency does not
25    incorporate any affected State's recommendations on a

 

 

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1    proposed CAAPP permit, a written statement of this decision
2    and its reasons for not accepting the recommendations,
3    except as otherwise provided in this Act or by agreement
4    with USEPA. To the extent practicable, the preceding
5    information shall be provided in computer readable format
6    compatible with USEPA's national database management
7    system.
8        b. The Agency shall not issue the proposed CAAPP permit
9    if USEPA objects in writing within 45 days after of receipt
10    of the proposed CAAPP permit and all necessary supporting
11    information.
12        c. If USEPA objects in writing to the issuance of the
13    proposed CAAPP permit within the 45-day period, the Agency
14    shall respond in writing and may revise and resubmit the
15    proposed CAAPP permit in response to the stated objection,
16    to the extent supported by the record, within 90 days after
17    the date of the objection. Prior to submitting a revised
18    permit to USEPA, the Agency shall provide the applicant and
19    any person who participated in the public comment process,
20    pursuant to subsection 8 of this Section, with a 10-day
21    period to comment on any revision which the Agency is
22    proposing to make to the permit in response to USEPA's
23    objection in accordance with Agency procedures.
24        d. Any USEPA objection under this subsection,
25    according to the Clean Air Act, will include a statement of
26    reasons for the objection and a description of the terms

 

 

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1    and conditions that must be in the permit, in order to
2    adequately respond to the objections. Grounds for a USEPA
3    objection include the failure of the Agency to: (1) submit
4    the items and notices required under this subsection; (2)
5    submit any other information necessary to adequately
6    review the proposed CAAPP permit; or (3) process the permit
7    under subsection 8 of this Section except for minor permit
8    modifications.
9        e. If USEPA does not object in writing to issuance of a
10    permit under this subsection, any person may petition USEPA
11    within 60 days after expiration of the 45-day review period
12    to make such objection.
13        f. If the permit has not yet been issued and USEPA
14    objects to the permit as a result of a petition, the Agency
15    shall not issue the permit until USEPA's objection has been
16    resolved. The Agency shall provide a 10-day comment period
17    in accordance with paragraph c of this subsection. A
18    petition does not, however, stay the effectiveness of a
19    permit or its requirements if the permit was issued after
20    expiration of the 45-day review period and prior to a USEPA
21    objection.
22        g. If the Agency has issued a permit after expiration
23    of the 45-day review period and prior to receipt of a USEPA
24    objection under this subsection in response to a petition
25    submitted pursuant to paragraph e of this subsection, the
26    Agency may, upon receipt of an objection from USEPA, revise

 

 

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1    and resubmit the permit to USEPA pursuant to this
2    subsection after providing a 10-day comment period in
3    accordance with paragraph c of this subsection. If the
4    Agency fails to submit a revised permit in response to the
5    objection, USEPA shall modify, terminate or revoke the
6    permit. In any case, the source will not be in violation of
7    the requirement to have submitted a timely and complete
8    application.
9        h. The Agency shall have the authority to adopt
10    procedural rules, in accordance with the Illinois
11    Administrative Procedure Act, as the Agency deems
12    necessary, to implement this subsection.
 
13    10. Final Agency Action.
14        a. The Agency shall issue a CAAPP permit, permit
15    modification, or permit renewal if all of the following
16    conditions are met:
17            i. The applicant has submitted a complete and
18        certified application for a permit, permit
19        modification, or permit renewal consistent with
20        subsections 5 and 14 of this Section, as applicable,
21        and applicable regulations.
22            ii. The applicant has submitted with its complete
23        application an approvable compliance plan, including a
24        schedule for achieving compliance, consistent with
25        subsection 5 of this Section and applicable

 

 

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1        regulations.
2            iii. The applicant has timely paid the fees
3        required pursuant to subsection 18 of this Section and
4        applicable regulations.
5            iv. The Agency has received a complete CAAPP
6        application and, if necessary, has requested and
7        received additional information from the applicant
8        consistent with subsection 5 of this Section and
9        applicable regulations.
10            v. The Agency has complied with all applicable
11        provisions regarding public notice and affected State
12        review consistent with subsection 8 of this Section and
13        applicable regulations.
14            vi. The Agency has provided a copy of each CAAPP
15        application, or summary thereof, pursuant to agreement
16        with USEPA and proposed CAAPP permit required under
17        subsection 9 of this Section to USEPA, and USEPA has
18        not objected to the issuance of the permit in
19        accordance with the Clean Air Act and 40 CFR Part 70.
20        b. The Agency shall have the authority to deny a CAAPP
21    permit, permit modification, or permit renewal if the
22    applicant has not complied with the requirements of
23    subparagraphs (i) through (iv) of paragraph (a) paragraphs
24    (a)(i)-(a)(iv) of this subsection or if USEPA objects to
25    its issuance.
26        c. i. Prior to denial of a CAAPP permit, permit

 

 

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1        modification, or permit renewal under this Section,
2        the Agency shall notify the applicant of the possible
3        denial and the reasons for the denial.
4            ii. Within such notice, the Agency shall specify an
5        appropriate date by which the applicant shall
6        adequately respond to the Agency's notice. Such date
7        shall not exceed 15 days from the date the notification
8        is received by the applicant. The Agency may grant a
9        reasonable extension for good cause shown.
10            iii. Failure by the applicant to adequately
11        respond by the date specified in the notification or by
12        any granted extension date shall be grounds for denial
13        of the permit.
14            For purposes of obtaining judicial review under
15        Sections 40.2 and 41 of this Act, the Agency shall
16        provide to USEPA and each applicant, and, upon request,
17        to affected States, any person who participated in the
18        public comment process, and any other person who could
19        obtain judicial review under Sections 40.2 and 41 of
20        this Act, a copy of each CAAPP permit or notification
21        of denial pertaining to that party.
22        d. The Agency shall have the authority to adopt
23    procedural rules, in accordance with the Illinois
24    Administrative Procedure Act, as the Agency deems
25    necessary, to implement this subsection.
 

 

 

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

 

 

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

 

 

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

 

 

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1            proposed changes will occur, a description of each
2            such change, any change in emissions, the permit
3            requirements with which the source will comply
4            using the emissions trading provisions of the
5            applicable implementation plan, and the pollutants
6            emitted subject to the emissions trade. The notice
7            shall also refer to the provisions in the
8            applicable implementation plan with which the
9            source will comply and provide for the emissions
10            trade.
11                B. The permit shield described in paragraph
12            7(j) of subsection 7 of this Section shall not
13            apply to any change made pursuant to this
14            subparagraph (a) (ii) of paragraph (a) of this
15            subsection. Compliance with the permit
16            requirements that the source will meet using the
17            emissions trade shall be determined according to
18            the requirements of the applicable implementation
19            plan authorizing the emissions trade.
20            iii. If requested within a CAAPP application, the
21        Agency shall issue a CAAPP permit which contains terms
22        and conditions, including all terms required under
23        subsection 7 of this Section to determine compliance,
24        allowing for the trading of emissions increases and
25        decreases at the CAAPP source solely for the purpose of
26        complying with a federally-enforceable emissions cap

 

 

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1        that is established in the permit independent of
2        otherwise applicable requirements. The owner or
3        operator of a CAAPP source shall include in its CAAPP
4        application proposed replicable procedures and permit
5        terms that ensure the emissions trades are
6        quantifiable and enforceable. The permit shall also
7        require compliance with all applicable requirements.
8                A. Under this subparagraph (a)(iii) of
9            paragraph (a), the written notification required
10            above shall state when the change will occur and
11            shall describe the changes in emissions that will
12            result and how these increases and decreases in
13            emissions will comply with the terms and
14            conditions of the permit.
15                B. The permit shield described in paragraph
16            7(j) of subsection 7 of this Section shall extend
17            to terms and conditions that allow such increases
18            and decreases in emissions.
19        b. An owner or operator of a CAAPP source may make
20    changes that are not addressed or prohibited by the permit,
21    other than those which are subject to any requirements
22    under Title IV of the Clean Air Act or are modifications
23    under any provisions of Title I of the Clean Air Act,
24    without a permit revision, in accordance with the following
25    requirements:
26            (i) Each such change shall meet all applicable

 

 

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1        requirements and shall not violate any existing permit
2        term or condition;
3            (ii) Sources must provide contemporaneous written
4        notice to the Agency and USEPA of each such change,
5        except for changes that qualify as insignificant under
6        provisions adopted by the Agency or the Board. Such
7        written notice shall describe each such change,
8        including the date, any change in emissions,
9        pollutants emitted, and any applicable requirement
10        that would apply as a result of the change;
11            (iii) The change shall not qualify for the shield
12        described in paragraph 7(j) of subsection 7 of this
13        Section; and
14            (iv) The permittee shall keep a record describing
15        changes made at the source that result in emissions of
16        a regulated air pollutant subject to an applicable
17        Clean Air Act requirement, but not otherwise regulated
18        under the permit, and the emissions resulting from
19        those changes.
20        c. 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    13. Administrative Permit Amendments.
25        a. The Agency shall take final action on a request for

 

 

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1    an administrative permit amendment within 60 days after of
2    receipt of the request. Neither notice nor an opportunity
3    for public and affected State comment shall be required for
4    the Agency to incorporate such revisions, provided it
5    designates the permit revisions as having been made
6    pursuant to this subsection.
7        b. The Agency shall submit a copy of the revised permit
8    to USEPA.
9        c. For purposes of this Section the term
10    "administrative permit amendment" shall be defined as a
11    permit revision that can accomplish one or more of the
12    changes described below:
13            i. Corrects typographical errors;
14            ii. Identifies a change in the name, address, or
15        phone number of any person identified in the permit, or
16        provides a similar minor administrative change at the
17        source;
18            iii. Requires more frequent monitoring or
19        reporting by the permittee;
20            iv. Allows for a change in ownership or operational
21        control of a source where the Agency determines that no
22        other change in the permit is necessary, provided that
23        a written agreement containing a specific date for
24        transfer of permit responsibility, coverage, and
25        liability between the current and new permittees has
26        been submitted to the Agency;

 

 

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1            v. Incorporates into the CAAPP permit the
2        requirements from preconstruction review permits
3        authorized under a USEPA-approved program, provided
4        the program meets procedural and compliance
5        requirements substantially equivalent to those
6        contained in this Section;
7            vi. (Blank); or
8            vii. Any other type of change which USEPA has
9        determined as part of the approved CAAPP permit program
10        to be similar to those included in this subsection.
11        d. The Agency shall, upon taking final action granting
12    a request for an administrative permit amendment, allow
13    coverage by the permit shield in paragraph 7(j) of
14    subsection 7 of this Section for administrative permit
15    amendments made pursuant to subparagraph (c)(v) of
16    paragraph (c) of this subsection which meet the relevant
17    requirements for significant permit modifications.
18        e. Permit revisions and modifications, including
19    administrative amendments and automatic amendments
20    (pursuant to Sections 408(b) and 403(d) of the Clean Air
21    Act or regulations promulgated thereunder), for purposes
22    of the acid rain portion of the permit shall be governed by
23    the regulations promulgated under Title IV of the Clean Air
24    Act. Owners or operators of affected sources for acid
25    deposition shall have the flexibility to amend their
26    compliance plans as provided in the regulations

 

 

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1    promulgated under Title IV of the Clean Air Act.
2        f. The CAAPP source may implement the changes addressed
3    in the request for an administrative permit amendment
4    immediately upon submittal of the request.
5        g. The Agency shall have the authority to adopt
6    procedural rules, in accordance with the Illinois
7    Administrative Procedure Act, as the Agency deems
8    necessary, to implement this subsection.
 
9    14. Permit Modifications.
10        a. Minor permit modification procedures.
11            i. The Agency shall review a permit modification
12        using the "minor permit" modification procedures only
13        for those permit modifications that:
14                A. Do not violate any applicable requirement;
15                B. Do not involve significant changes to
16            existing monitoring, reporting, or recordkeeping
17            requirements in the permit;
18                C. Do not require a case-by-case determination
19            of an emission limitation or other standard, or a
20            source-specific determination of ambient impacts,
21            or a visibility or increment analysis;
22                D. Do not seek to establish or change a permit
23            term or condition for which there is no
24            corresponding underlying requirement and which
25            avoids an applicable requirement to which the

 

 

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1            source would otherwise be subject. Such terms and
2            conditions include:
3                    1. A federally enforceable emissions cap
4                assumed to avoid classification as a
5                modification under any provision of Title I of
6                the Clean Air Act; and
7                    2. An alternative emissions limit approved
8                pursuant to regulations promulgated under
9                Section 112(i)(5) of the Clean Air Act;
10                E. Are not modifications under any provision
11            of Title I of the Clean Air Act; and
12                F. Are not required to be processed as a
13            significant modification.
14            ii. Notwithstanding subparagraph subparagraphs
15        (a)(i) of paragraph (a) and subparagraph (b)(ii) of
16        paragraph (b) of this subsection, minor permit
17        modification procedures may be used for permit
18        modifications involving the use of economic
19        incentives, marketable permits, emissions trading, and
20        other similar approaches, to the extent that such minor
21        permit modification procedures are explicitly provided
22        for in an applicable implementation plan or in
23        applicable requirements promulgated by USEPA.
24            iii. An applicant requesting the use of minor
25        permit modification procedures shall meet the
26        requirements of subsection 5 of this Section and shall

 

 

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1        include the following in its application:
2                A. A description of the change, the emissions
3            resulting from the change, and any new applicable
4            requirements that will apply if the change occurs;
5                B. The source's suggested draft permit;
6                C. Certification by a responsible official,
7            consistent with paragraph 5(e) of subsection 5 of
8            this Section and applicable regulations, that the
9            proposed modification meets the criteria for use
10            of minor permit modification procedures and a
11            request that such procedures be used; and
12                D. Completed forms for the Agency to use to
13            notify USEPA and affected States as required under
14            subsections 8 and 9 of this Section.
15            iv. Within 5 working days after of receipt of a
16        complete permit modification application, the Agency
17        shall notify USEPA and affected States of the requested
18        permit modification in accordance with subsections 8
19        and 9 of this Section. The Agency promptly shall send
20        any notice required under paragraph 8(d) of subsection
21        8 of this Section to USEPA.
22            v. The Agency may not issue a final permit
23        modification until after the 45-day review period for
24        USEPA or until USEPA has notified the Agency that USEPA
25        will not object to the issuance of the permit
26        modification, whichever comes first, although the

 

 

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1        Agency can approve the permit modification prior to
2        that time. Within 90 days after of the Agency's receipt
3        of an application under the minor permit modification
4        procedures or 15 days after the end of USEPA's 45-day
5        review period under subsection 9 of this Section,
6        whichever is later, the Agency shall:
7                A. Issue the permit modification as proposed;
8                B. Deny the permit modification application;
9                C. Determine that the requested modification
10            does not meet the minor permit modification
11            criteria and should be reviewed under the
12            significant modification procedures; or
13                D. Revise the draft permit modification and
14            transmit to USEPA the new proposed permit
15            modification as required by subsection 9 of this
16            Section.
17            vi. Any CAAPP source may make the change proposed
18        in its minor permit modification application
19        immediately after it files such application. After the
20        CAAPP source makes the change allowed by the preceding
21        sentence, and until the Agency takes any of the actions
22        specified in items subparagraphs (a)(v)(A) through
23        (a)(v)(C) of subparagraph (v) of paragraph (a) of this
24        subsection, the source must comply with both the
25        applicable requirements governing the change and the
26        proposed permit terms and conditions. During this time

 

 

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1        period, the source need not comply with the existing
2        permit terms and conditions it seeks to modify. If the
3        source fails to comply with its proposed permit terms
4        and conditions during this time period, the existing
5        permit terms and conditions which it seeks to modify
6        may be enforced against it.
7            vii. The permit shield under paragraph (j) of
8        subsection 7 subparagraph 7(j) of this Section may not
9        extend to minor permit modifications.
10            viii. If a construction permit is required,
11        pursuant to subsection (a) of Section 39(a) of this Act
12        and regulations thereunder, for a change for which the
13        minor permit modification procedures are applicable,
14        the source may request that the processing of the
15        construction permit application be consolidated with
16        the processing of the application for the minor permit
17        modification. In such cases, the provisions of this
18        Section, including those within subsections 5, 8, and
19        9, shall apply and the Agency shall act on such
20        applications pursuant to subparagraph 14(a)(v) of
21        paragraph (a) of subsection 14 of this Section. The
22        source may make the proposed change immediately after
23        filing its application for the minor permit
24        modification. Nothing in this subparagraph shall
25        otherwise affect the requirements and procedures
26        applicable to construction permits.

 

 

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1        b. Group Processing of Minor Permit Modifications.
2            i. Where requested by an applicant within its
3        application, the Agency shall process groups of a
4        source's applications for certain modifications
5        eligible for minor permit modification processing in
6        accordance with the provisions of this paragraph (b).
7            ii. Permit modifications may be processed in
8        accordance with the procedures for group processing,
9        for those modifications:
10                A. Which meet the criteria for minor permit
11            modification procedures under subparagraph
12            14(a)(i) of paragraph (a) of subsection 14 of this
13            Section; and
14                B. That collectively are below 10 percent of
15            the emissions allowed by the permit for the
16            emissions unit for which change is requested, 20
17            percent of the applicable definition of major
18            source set forth in subsection 2 of this Section,
19            or 5 tons per year, whichever is least.
20            iii. An applicant requesting the use of group
21        processing procedures shall meet the requirements of
22        subsection 5 of this Section and shall include the
23        following in its application:
24                A. A description of the change, the emissions
25            resulting from the change, and any new applicable
26            requirements that will apply if the change occurs.

 

 

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

 

 

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1        item subparagraph (b)(ii)(B) of subparagraph (ii) of
2        paragraph (b) of this subsection, whichever is
3        earlier, the Agency shall promptly notify USEPA and
4        affected States of the requested permit modifications
5        in accordance with subsections 8 and 9 of this Section.
6        The Agency shall send any notice required under
7        paragraph 8(d) of subsection 8 of this Section to
8        USEPA.
9            v. The provisions of subparagraph (a)(v) of
10        paragraph (a) of this subsection shall apply to
11        modifications eligible for group processing, except
12        that the Agency shall take one of the actions specified
13        in items subparagraphs (a)(v)(A) through (a)(v)(D) of
14        subparagraph (v) of paragraph (a) of this subsection
15        within 180 days after of receipt of the application or
16        15 days after the end of USEPA's 45-day review period
17        under subsection 9 of this Section, whichever is later.
18            vi. The provisions of subparagraph (a)(vi) of
19        paragraph (a) of this subsection shall apply to
20        modifications for group processing.
21            vii. The provisions of paragraph 7(j) of
22        subsection 7 of this Section shall not apply to
23        modifications eligible for group processing.
24        c. Significant Permit Modifications.
25            i. Significant modification procedures shall be
26        used for applications requesting significant permit

 

 

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1        modifications and for those applications that do not
2        qualify as either minor permit modifications or as
3        administrative permit amendments.
4            ii. Every significant change in existing
5        monitoring permit terms or conditions and every
6        relaxation of reporting or recordkeeping requirements
7        shall be considered significant. A modification shall
8        also be considered significant if in the judgment of
9        the Agency action on an application for modification
10        would require decisions to be made on technically
11        complex issues. Nothing herein shall be construed to
12        preclude the permittee from making changes consistent
13        with this Section that would render existing permit
14        compliance terms and conditions irrelevant.
15            iii. Significant permit modifications must meet
16        all the requirements of this Section, including those
17        for applications (including completeness review),
18        public participation, review by affected States, and
19        review by USEPA applicable to initial permit issuance
20        and permit renewal. The Agency shall take final action
21        on significant permit modifications within 9 months
22        after receipt of a complete application.
23        d. The Agency shall have the authority to adopt
24    procedural rules, in accordance with the Illinois
25    Administrative Procedure Act, as the Agency deems
26    necessary, to implement this subsection.
 

 

 

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1    15. Reopenings for Cause by the Agency.
2        a. Each issued CAAPP permit shall include provisions
3    specifying the conditions under which the permit will be
4    reopened prior to the expiration of the permit. Such
5    revisions shall be made as expeditiously as practicable. A
6    CAAPP permit shall be reopened and revised under any of the
7    following circumstances, in accordance with procedures
8    adopted by the Agency:
9            i. Additional requirements under the Clean Air Act
10        become applicable to a major CAAPP source for which 3
11        or more years remain on the original term of the
12        permit. Such a reopening shall be completed not later
13        than 18 months after the promulgation of the applicable
14        requirement. No such revision is required if the
15        effective date of the requirement is later than the
16        date on which the permit is due to expire.
17            ii. Additional requirements (including excess
18        emissions requirements) become applicable to an
19        affected source for acid deposition under the acid rain
20        program. Excess emissions offset plans shall be deemed
21        to be incorporated into the permit upon approval by
22        USEPA.
23            iii. The Agency or USEPA determines that the permit
24        contains a material mistake or that inaccurate
25        statements were made in establishing the emissions

 

 

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1        standards, limitations, or other terms or conditions
2        of the permit.
3            iv. The Agency or USEPA determines that the permit
4        must be revised or revoked to assure compliance with
5        the applicable requirements.
6        b. In the event that the Agency determines that there
7    are grounds for revoking a CAAPP permit, for cause,
8    consistent with paragraph a of this subsection, it shall
9    file a petition before the Board setting forth the basis
10    for such revocation. In any such proceeding, the Agency
11    shall have the burden of establishing that the permit
12    should be revoked under the standards set forth in this Act
13    and the Clean Air Act. Any such proceeding shall be
14    conducted pursuant to the Board's procedures for
15    adjudicatory hearings and the Board shall render its
16    decision within 120 days of the filing of the petition. The
17    Agency shall take final action to revoke and reissue a
18    CAAPP permit consistent with the Board's order.
19        c. Proceedings regarding a reopened CAAPP permit shall
20    follow the same procedures as apply to initial permit
21    issuance and shall affect only those parts of the permit
22    for which cause to reopen exists.
23        d. Reopenings under paragraph (a) of this subsection
24    shall not be initiated before a notice of such intent is
25    provided to the CAAPP source by the Agency at least 30 days
26    in advance of the date that the permit is to be reopened,

 

 

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1    except that the Agency may provide a shorter time period in
2    the case of an emergency.
3        e. The Agency shall have the authority to adopt
4    procedural rules, in accordance with the Illinois
5    Administrative Procedure Act, as the Agency deems
6    necessary, to implement this subsection.
 
7    16. Reopenings for Cause by USEPA.
8        a. When USEPA finds that cause exists to terminate,
9    modify, or revoke and reissue a CAAPP permit pursuant to
10    subsection 15 of this Section, and thereafter notifies the
11    Agency and the permittee of such finding in writing, the
12    Agency shall forward to USEPA and the permittee a proposed
13    determination of termination, modification, or revocation
14    and reissuance as appropriate, in accordance with
15    paragraph (b) of this subsection. The Agency's proposed
16    determination shall be in accordance with the record, the
17    Clean Air Act, regulations promulgated thereunder, this
18    Act and regulations promulgated thereunder. Such proposed
19    determination shall not affect the permit or constitute a
20    final permit action for purposes of this Act or the
21    Administrative Review Law. The Agency shall forward to
22    USEPA such proposed determination within 90 days after
23    receipt of the notification from USEPA. If additional time
24    is necessary to submit the proposed determination, the
25    Agency shall request a 90-day extension from USEPA and

 

 

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

 

 

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1        proposed determination to USEPA in accordance with the
2        Board's Interim Order within 180 days after receipt of
3        the notification from USEPA.
4        c. USEPA shall review the proposed determination to
5    terminate, modify, or revoke and reissue the permit within
6    90 days after of receipt.
7            i. When USEPA reviews the proposed determination
8        to terminate or revoke and reissue and does not object,
9        the Board shall, within 7 days after of receipt of
10        USEPA's final approval, enter the interim order as a
11        final order. The final order may be appealed as
12        provided by Title XI of this Act. The Agency shall take
13        final action in accordance with the Board's final
14        order.
15            ii. When USEPA reviews such proposed determination
16        to terminate or revoke and reissue and objects, the
17        Agency shall submit USEPA's objection and the Agency's
18        comments and recommendation on the objection to the
19        Board and permittee. The Board shall review its interim
20        order in response to USEPA's objection and the Agency's
21        comments and recommendation and issue a final order in
22        accordance with Sections 32 and 33 of this Act. The
23        Agency shall, within 90 days after receipt of such
24        objection, respond to USEPA's objection in accordance
25        with the Board's final order.
26            iii. When USEPA reviews such proposed

 

 

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1        determination to modify and objects, the Agency shall,
2        within 90 days after receipt of the objection, resolve
3        the objection and modify the permit in accordance with
4        USEPA's objection, based upon the record, the Clean Air
5        Act, regulations promulgated thereunder, this Act, and
6        regulations promulgated thereunder.
7        d. If the Agency fails to submit the proposed
8    determination pursuant to paragraph a of this subsection or
9    fails to resolve any USEPA objection pursuant to paragraph
10    c of this subsection, USEPA will terminate, modify, or
11    revoke and reissue the permit.
12        e. The Agency shall have the authority to adopt
13    procedural rules, in accordance with the Illinois
14    Administrative Procedure Act, as the Agency deems
15    necessary, to implement this subsection.
 
16    17. Title IV; Acid Rain Provisions.
17        a. The Agency shall act on initial CAAPP applications
18    for affected sources for acid deposition in accordance with
19    this Section and Title V of the Clean Air Act and
20    regulations promulgated thereunder, except as modified by
21    Title IV of the Clean Air Act and regulations promulgated
22    thereunder. The Agency shall issue initial CAAPP permits to
23    the affected sources for acid deposition which shall become
24    effective no earlier than January 1, 1995, and which shall
25    terminate on December 31, 1999, in accordance with this

 

 

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1    Section. Subsequent CAAPP permits issued to affected
2    sources for acid deposition shall be issued for a fixed
3    term of 5 years. Title IV of the Clean Air Act and
4    regulations promulgated thereunder, including but not
5    limited to 40 C.F.R. Part 72, as now or hereafter amended,
6    are applicable to and enforceable under this Act.
7        b. A designated representative of an affected source
8    for acid deposition shall submit a timely and complete
9    Phase II acid rain permit application and compliance plan
10    to the Agency, not later than January 1, 1996, that meets
11    the requirements of Titles IV and V of the Clean Air Act
12    and regulations. The Agency shall act on the Phase II acid
13    rain permit application and compliance plan in accordance
14    with this Section and Title V of the Clean Air Act and
15    regulations promulgated thereunder, except as modified by
16    Title IV of the Clean Air Act and regulations promulgated
17    thereunder. The Agency shall issue the Phase II acid rain
18    permit to an affected source for acid deposition no later
19    than December 31, 1997, which shall become effective on
20    January 1, 2000, in accordance with this Section, except as
21    modified by Title IV and regulations promulgated
22    thereunder; provided that the designated representative of
23    the source submitted a timely and complete Phase II permit
24    application and compliance plan to the Agency that meets
25    the requirements of Title IV and V of the Clean Air Act and
26    regulations.

 

 

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1        c. Each Phase II acid rain permit issued in accordance
2    with this subsection shall have a fixed term of 5 years.
3    Except as provided in paragraph b above, the Agency shall
4    issue or deny a Phase II acid rain permit within 18 months
5    of receiving a complete Phase II permit application and
6    compliance plan.
7        d. A designated representative of a new unit, as
8    defined in Section 402 of the Clean Air Act, shall submit a
9    timely and complete Phase II acid rain permit application
10    and compliance plan that meets the requirements of Titles
11    IV and V of the Clean Air Act and its regulations. The
12    Agency shall act on the new unit's Phase II acid rain
13    permit application and compliance plan in accordance with
14    this Section and Title V of the Clean Air Act and its
15    regulations, except as modified by Title IV of the Clean
16    Air Act and its regulations. The Agency shall reopen the
17    new unit's CAAPP permit for cause to incorporate the
18    approved Phase II acid rain permit in accordance with this
19    Section. The Phase II acid rain permit for the new unit
20    shall become effective no later than the date required
21    under Title IV of the Clean Air Act and its regulations.
22        e. A designated representative of an affected source
23    for acid deposition shall submit a timely and complete
24    Title IV NOx permit application to the Agency, not later
25    than January 1, 1998, that meets the requirements of Titles
26    IV and V of the Clean Air Act and its regulations. The

 

 

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1    Agency shall reopen the Phase II acid rain permit for cause
2    and incorporate the approved NOx provisions into the Phase
3    II acid rain permit not later than January 1, 1999, in
4    accordance with this Section, except as modified by Title
5    IV of the Clean Air Act and regulations promulgated
6    thereunder. Such reopening shall not affect the term of the
7    Phase II acid rain permit.
8        f. The designated representative of the affected
9    source for acid deposition shall renew the initial CAAPP
10    permit and Phase II acid rain permit in accordance with
11    this Section and Title V of the Clean Air Act and
12    regulations promulgated thereunder, except as modified by
13    Title IV of the Clean Air Act and regulations promulgated
14    thereunder.
15        g. In the case of an affected source for acid
16    deposition for which a complete Phase II acid rain permit
17    application and compliance plan are timely received under
18    this subsection, the complete permit application and
19    compliance plan, including amendments thereto, shall be
20    binding on the owner, operator and designated
21    representative, all affected units for acid deposition at
22    the affected source, and any other unit, as defined in
23    Section 402 of the Clean Air Act, governed by the Phase II
24    acid rain permit application and shall be enforceable as an
25    acid rain permit for purposes of Titles IV and V of the
26    Clean Air Act, from the date of submission of the acid rain

 

 

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1    permit application until a Phase II acid rain permit is
2    issued or denied by the Agency.
3        h. The Agency shall not include or implement any
4    measure which would interfere with or modify the
5    requirements of Title IV of the Clean Air Act or
6    regulations promulgated thereunder.
7        i. Nothing in this Section shall be construed as
8    affecting allowances or USEPA's decision regarding an
9    excess emissions offset plan, as set forth in Title IV of
10    the Clean Air Act or regulations promulgated thereunder.
11            i. No permit revision shall be required for
12        increases in emissions that are authorized by
13        allowances acquired pursuant to the acid rain program,
14        provided that such increases do not require a permit
15        revision under any other applicable requirement.
16            ii. No limit shall be placed on the number of
17        allowances held by the source. The source may not,
18        however, use allowances as a defense to noncompliance
19        with any other applicable requirement.
20            iii. Any such allowance shall be accounted for
21        according to the procedures established in regulations
22        promulgated under Title IV of the Clean Air Act.
23        j. To the extent that the federal regulations
24    promulgated under Title IV, including but not limited to 40
25    C.F.R. Part 72, as now or hereafter amended, are
26    inconsistent with the federal regulations promulgated

 

 

09700HB1297sam001- 194 -LRB097 07110 JDS 55885 a

1    under Title V, the federal regulations promulgated under
2    Title IV shall take precedence.
3        k. The USEPA may intervene as a matter of right in any
4    permit appeal involving a Phase II acid rain permit
5    provision or denial of a Phase II acid rain permit.
6        l. It is unlawful for any owner or operator to violate
7    any terms or conditions of a Phase II acid rain permit
8    issued under this subsection, to operate any affected
9    source for acid deposition except in compliance with a
10    Phase II acid rain permit issued by the Agency under this
11    subsection, or to violate any other applicable
12    requirements.
13        m. The designated representative of an affected source
14    for acid deposition shall submit to the Agency the data and
15    information submitted quarterly to USEPA, pursuant to 40
16    CFR 75.64, concurrently with the submission to USEPA. The
17    submission shall be in the same electronic format as
18    specified by USEPA.
19        n. The Agency shall act on any petition for exemption
20    of a new unit or retired unit, as those terms are defined
21    in Section 402 of the Clean Air Act, from the requirements
22    of the acid rain program in accordance with Title IV of the
23    Clean Air Act and its regulations.
24        o. The Agency shall have the authority to adopt
25    procedural rules, in accordance with the Illinois
26    Administrative Procedure Act, as the Agency deems

 

 

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1    necessary to implement this subsection.
 
2    18. Fee Provisions.
3        a. A For each 12 month period after the date on which
4    the USEPA approves or conditionally approves the CAAPP, but
5    in no event prior to January 1, 1994, a source subject to
6    this Section or excluded under subsection 1.1 or paragraph
7    (c) of subsection 3 3(c) of this Section, shall pay a fee
8    as provided in this paragraph part (a) of this subsection
9    18. However, a source that has been excluded from the
10    provisions of this Section under subsection 1.1 or under
11    paragraph (c) of subsection 3 paragraph 3(c) of this
12    Section because the source emits less than 25 tons per year
13    of any combination of regulated air pollutants, except
14    greenhouse gases, shall pay fees in accordance with
15    paragraph (1) of subsection (b) of Section 9.6.
16            i. The fee for a source allowed to emit less than
17        100 tons per year of any combination of regulated air
18        pollutants, except greenhouse gases, shall be $1,800
19        per year, and that fee shall increase, beginning
20        January 1, 2012, to $2,150 per year.
21            ii. The fee for a source allowed to emit 100 tons
22        or more per year of any combination of regulated air
23        pollutants, except greenhouse gases and for those
24        regulated air pollutants excluded in paragraph 18(f)
25        of this subsection 18, shall be as follows:

 

 

09700HB1297sam001- 196 -LRB097 07110 JDS 55885 a

1                A. The Agency shall assess a an annual fee of
2            $18.00 per ton, per year for the allowable
3            emissions of all regulated air pollutants subject
4            to this subparagraph (ii) of paragraph (a) of
5            subsection 18, and that fee shall increase,
6            beginning January 1, 2012, to $21.50 per ton, per
7            year at that source during the term of the permit.
8            These fees shall be used by the Agency and the
9            Board to fund the activities required by Title V of
10            the Clean Air Act including such activities as may
11            be carried out by other State or local agencies
12            pursuant to paragraph (d) of this subsection. The
13            amount of such fee shall be based on the
14            information supplied by the applicant in its
15            complete CAAPP permit application or in the CAAPP
16            permit if the permit has been granted and shall be
17            determined by the amount of emissions that the
18            source is allowed to emit annually, provided
19            however, that the maximum fee for a CAAPP permit
20            under this subparagraph (ii) of paragraph (a) of
21            subsection 18 is no source shall be required to pay
22            an annual fee in excess of $250,000, and increases,
23            beginning January 1, 2012, to $294,000. Beginning
24            January 1, 2012, the maximum fee under this
25            subparagraph (ii) of paragraph (a) of subsection
26            18 for a source that has been excluded under

 

 

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

 

 

09700HB1297sam001- 198 -LRB097 07110 JDS 55885 a

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

 

 

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1    procedural rules, in accordance with the Illinois
2    Administrative Procedure Act, as the Agency deems
3    necessary to implement this subsection.
4        f. For purposes of this subsection, the term "regulated
5    air pollutant" shall have the meaning given to it under
6    subsection 1 of this Section but shall exclude the
7    following:
8            i. carbon monoxide;
9            ii. any Class I or II substance which is a
10        regulated air pollutant solely because it is listed
11        pursuant to Section 602 of the Clean Air Act; and
12            iii. any pollutant that is a regulated air
13        pollutant solely because it is subject to a standard or
14        regulation under Section 112(r) of the Clean Air Act
15        based on the emissions allowed in the permit effective
16        in that calendar year, at the time the applicable bill
17        is generated.
 
18    19. Air Toxics Provisions.
19        a. In the event that the USEPA fails to promulgate in a
20    timely manner a standard pursuant to Section 112(d) of the
21    Clean Air Act, the Agency shall have the authority to issue
22    permits, pursuant to Section 112(j) of the Clean Air Act
23    and regulations promulgated thereunder, which contain
24    emission limitations which are equivalent to the emission
25    limitations that would apply to a source if an emission

 

 

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1    standard had been promulgated in a timely manner by USEPA