Bill Text: IL HB2520 | 2023-2024 | 103rd General Assembly | Engrossed


Bill Title: Amends the Environmental Protection Act. Requires the Environmental Protection Agency to annually review and update the underlying data for, and use of, indicators used to determine whether a community is designated as an environmental justice community and to establish a process by which communities not designated as environmental justice communities may petition for such a designation. Provides that an applicant for a permit for the construction of a new source that will become a major source subject to the Clean Air Act Permit Program to be located in an environmental justice community or a new source that has or will require a federally enforceable State operating permit and that will be located in an environmental justice community must conduct a public meeting prior to submission of the permit application and must submit with the permit application an environmental justice assessment identifying the potential environmental and health impacts to the area associated with the proposed project. Provides requirements for the environmental justice assessment. Provides that a supplemental fee of $100,000 for each construction permit application shall be assessed if the construction permit application is subject to the requirements regarding the construction of a new source located in an environmental justice community. Contains provisions regarding public participation requirements for permitting transactions in an environmental justice community. Provides that, if the Agency grants a permit to construct, modify, or operate a facility that emits air pollutants and is classified as a minor source, a third party may petition the Pollution Control Board for a hearing to contest the issuance of the permit. Contains provisions regarding environmental justice grievances. Defines terms. Contains other provisions.

Spectrum: Partisan Bill (Democrat 17-0)

Status: (Introduced) 2023-05-17 - Added Co-Sponsor Rep. Daniel Didech [HB2520 Detail]

Download: Illinois-2023-HB2520-Engrossed.html



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1 AN ACT concerning safety.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Environmental Protection Act is amended by
5adding Sections 3.178, 3.186, 3.187, 3.188, 3.189, 3.281,
634.5, 39.15, and 40.4 and by changing Sections 9.12, 39, 39.2,
739.5, and 40 as follows:
8 (415 ILCS 5/3.178 new)
9 Sec. 3.178. Cumulative impact. "Cumulative impact" means
10the total burden from chemical and nonchemical stressors and
11their interactions that affect the health, well-being, and
12quality of life of an individual, community, or population at
13a given point of time or over a period of time.
14 (415 ILCS 5/3.186 new)
15 Sec. 3.186. Disproportionate harm. "Disproportionate harm"
16means the combination of cumulative impacts, including, but
17not limited to, disproportionately high and adverse human
18health impacts and disproportionately high and adverse
19environmental impacts.
20 (415 ILCS 5/3.187 new)
21 Sec. 3.187. Disproportionately high and adverse

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1environmental impact. "Disproportionately high and adverse
2environmental impact" means an environmental impact that is
3disproportionately high and adverse based on the following
4factors:
5 (1) Whether there is or will be an impact on the
6 natural or physical environment that significantly and
7 adversely affects an environmental justice community. Such
8 impacts may include, but are not limited to, ecological,
9 cultural, human health, economic, or social impacts on
10 minority communities, low-income communities, or Indian
11 tribes when those impacts are interrelated to impacts on
12 the natural or physical environment.
13 (2) Whether environmental impacts are significant and
14 are or may be having an adverse impact on an environmental
15 justice community that appreciably exceeds, or is likely
16 to appreciably exceed, the adverse impact on the general
17 population or other appropriate comparison group.
18 (3) Whether the environmental impacts occur or would
19 occur in an environmental justice community by cumulative
20 or multiple adverse exposures from environmental hazards.
21 (415 ILCS 5/3.188 new)
22 Sec. 3.188. Disproportionately high and adverse human
23health impact. "Disproportionately high and adverse human
24health impact" means an impact on human health that is
25disproportionately high and adverse based on the following

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1factors:
2 (1) Whether the health outcomes, which may be measured
3 in risks and rates, are significant or above generally
4 accepted norms. Adverse health impacts include, but are
5 not limited to, bodily impairment, infirmity, illness, or
6 death.
7 (2) Whether the risk or rate of hazard exposure for an
8 environmental justice community to an environmental hazard
9 is significant and appreciably exceeds, or is likely to
10 appreciably exceed, the risk or rate of hazard exposure
11 for the general population or in comparison to another
12 appropriate group.
13 (3) Whether health impacts occur in an environmental
14 justice community affected by cumulative or multiple
15 adverse exposures from environmental hazards.
16 (415 ILCS 5/3.189 new)
17 Sec. 3.189. Environmental justice community.
18"Environmental justice community" means any geographic area in
19the State that is contained within:
20 (1) an environmental justice community under the
21 Illinois Solar for All Program, as that definition is
22 updated from time to time by the Illinois Power Agency and
23 the Administrator of that Program, so long as the
24 community is designated as an environmental justice
25 community within 60 days of a community receiving

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1 notification of a permit under the federal Clean Air Act;
2 or
3 (2) an R3 Area established under Section 10-40 of the
4 Cannabis Regulation and Tax Act.
5 (415 ILCS 5/3.281 new)
6 Sec. 3.281. Linguistically isolated community.
7"Linguistically isolated community" means the population
8within a United States Census Bureau tract comprised of
9individuals at least 20% of whom are age 14 years or older and
10who speak English less than very well, based on data in the
11United States Census Bureau's latest one-year or 5-year
12American Community Survey.
13 (415 ILCS 5/9.12)
14 Sec. 9.12. Construction permit fees for air pollution
15sources.
16 (a) An applicant for a new or revised air pollution
17construction permit shall pay a fee, as established in this
18Section, to the Agency at the time that he or she submits the
19application for a construction permit. Except as set forth
20below, the fee for each activity or category listed in this
21Section is separate and is cumulative with any other
22applicable fee listed in this Section.
23 (b) The fee amounts in this subsection (b) apply to
24construction permit applications relating to (i) a source

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

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1 subject to Section 39.5 of this Act, a CAAPP entry fee
2 of $5,000.
3 (B) If the construction permit application
4 involves (i) a new source or emission unit subject to
5 Section 39.2 of this Act, (ii) a commercial
6 incinerator or other municipal waste, hazardous waste,
7 or waste tire incinerator, (iii) a commercial power
8 generator, or (iv) one or more other emission units
9 designated as a complex source by Agency rulemaking, a
10 fee of $25,000.
11 (C) If the construction permit application
12 involves an emissions netting exercise or reliance on
13 a contemporaneous emissions decrease for a pollutant
14 to avoid application of the PSD permit program or
15 nonattainment new source review, a fee of $3,000 for
16 each such pollutant.
17 (D) If the construction permit application is for
18 a new major source subject to the PSD permit program, a
19 fee of $12,000.
20 (E) If the construction permit application is for
21 a new major source subject to nonattainment new source
22 review, a fee of $20,000.
23 (F) If the construction permit application is for
24 a major modification subject to the PSD permit
25 program, a fee of $6,000.
26 (G) If the construction permit application is for

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1 a major modification subject to nonattainment new
2 source review, a fee of $12,000.
3 (H) (Blank).
4 (I) If the construction permit application review
5 involves a determination of the Maximum Achievable
6 Control Technology standard for a pollutant and the
7 project is not otherwise subject to BACT or LAER for a
8 related pollutant under the PSD permit program or
9 nonattainment new source review, a fee of $5,000 per
10 unit for which a determination is requested or
11 otherwise required.
12 (J) (Blank).
13 (K) If the construction permit application is
14 subject to the requirements of subsection (aa) or
15 subsection (bb) of Section 39, a fee of $200,000.
16 (3) If a public hearing is held regarding the
17 construction permit application, an administrative fee of
18 $10,000. This fee shall be submitted at the time the
19 applicant requests a public hearing or, if a public
20 hearing is not requested by the applicant, then within 30
21 days after the applicant is informed by the Agency that a
22 public hearing will be held.
23 (c) The fee amounts in this subsection (c) apply to
24construction permit applications relating to a source that,
25upon issuance of the construction permit, will not (i) be or
26become subject to Section 39.5 of this Act (the Clean Air Act

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1Permit Program) or (ii) have or require a federally
2enforceable state operating permit limiting its potential to
3emit.
4 (1) Base fees for each construction permit application
5 shall be assessed as follows:
6 (A) For a construction permit application
7 involving a single new emission unit, a fee of $500.
8 (B) For a construction permit application
9 involving more than one new emission unit, a fee of
10 $1,000.
11 (C) For a construction permit application
12 involving no more than 2 modified emission units, a
13 fee of $500.
14 (D) For a construction permit application
15 involving more than 2 modified emission units, a fee
16 of $1,000.
17 (2) Supplemental fees for each construction permit
18 application shall be assessed as follows:
19 (A) If the source is a new source, i.e., does not
20 currently have an operating permit, an entry fee of
21 $500;
22 (B) If the construction permit application
23 involves (i) a new source or emission unit subject to
24 Section 39.2 of this Act, (ii) a commercial
25 incinerator or a municipal waste, hazardous waste, or
26 waste tire incinerator, (iii) a commercial power

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1 generator, or (iv) an emission unit designated as a
2 complex source by Agency rulemaking, a fee of $15,000.
3 (3) If a public hearing is held regarding the
4 construction permit application, an administrative fee of
5 $10,000. This fee shall be submitted at the time the
6 applicant requests a public hearing or, if a public
7 hearing is not requested by the applicant, then within 30
8 days after the applicant is informed by the Agency that a
9 public hearing will be held.
10 (d) If no other fee is applicable under this Section, a
11construction permit application addressing one or more of the
12following shall be subject to a filing fee of $500:
13 (1) A construction permit application to add or
14 replace a control device on a permitted emission unit.
15 (2) A construction permit application to conduct a
16 pilot project or trial burn for a permitted emission unit.
17 (3) A construction permit application for a land
18 remediation project.
19 (4) (Blank).
20 (5) A construction permit application to revise an
21 emissions testing methodology or the timing of required
22 emissions testing.
23 (6) A construction permit application that provides
24 for a change in the name, address, or phone number of any
25 person identified in the permit, or for a change in the
26 stated ownership or control, or for a similar minor

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1 administrative permit change at the source.
2 (e) No fee shall be assessed for a request to correct an
3issued permit that involves only an Agency error, if the
4request is received within the deadline for a permit appeal to
5the Pollution Control Board.
6 (f) The applicant for a new or revised air pollution
7construction permit shall submit to the Agency, with the
8construction permit application, both a certification of the
9fee that he or she estimates to be due under this Section and
10the fee itself.
11 (g) Notwithstanding the requirements of subsection (a) of
12Section 39 of this Act, the application for an air pollution
13construction permit shall not be deemed to be filed with the
14Agency until the Agency receives the initial air pollution
15construction permit application fee and the certified estimate
16of the fee required by this Section. Unless the Agency has
17received the initial air pollution construction permit
18application fee and the certified estimate of the fee required
19by this Section, the Agency is not required to review or
20process the application.
21 (h) If the Agency determines at any time that a
22construction permit application is subject to an additional
23fee under this Section that the applicant has not submitted,
24the Agency shall notify the applicant in writing of the amount
25due under this Section. The applicant shall have 60 days to
26remit the assessed fee to the Agency.

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1 If the proper fee established under this Section is not
2submitted within 60 days after the request for further
3remittance:
4 (1) If the construction permit has not yet been
5 issued, the Agency is not required to further review or
6 process, and the provisions of subsection (a) of Section
7 39 of this Act do not apply to, the application for a
8 construction permit until such time as the proper fee is
9 remitted.
10 (2) If the construction permit has been issued, the
11 Agency may, upon written notice, immediately revoke the
12 construction permit.
13 The denial or revocation of a construction permit does not
14excuse the applicant from the duty of paying the fees required
15under this Section.
16 (i) The Agency may deny the issuance of a pending air
17pollution construction permit or the subsequent operating
18permit if the applicant has not paid the required fees by the
19date required for issuance of the permit. The denial or
20revocation of a permit for failure to pay a construction
21permit fee is subject to review by the Board pursuant to the
22provisions of subsection (a) of Section 40 of this Act.
23 (j) If the owner or operator undertakes construction
24without obtaining an air pollution construction permit, the
25fee under this Section is still required. Payment of the
26required fee does not preclude the Agency or the Attorney

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1General or other authorized persons from pursuing enforcement
2against the applicant for failure to have an air pollution
3construction permit prior to commencing construction.
4 (k) If an air pollution construction permittee makes a fee
5payment under this Section from an account with insufficient
6funds to cover the amount of the fee payment, the Agency shall
7notify the permittee of the failure to pay the fee. If the
8permittee fails to pay the fee within 60 days after such
9notification, the Agency may, by written notice, immediately
10revoke the air pollution construction permit. Failure of the
11Agency to notify the permittee of the permittee's failure to
12make payment does not excuse or alter the duty of the permittee
13to comply with the provisions of this Section.
14 (l) The Agency may establish procedures for the collection
15of air pollution construction permit fees.
16 (m) Fees collected pursuant to this Section shall be
17deposited into the Environmental Protection Permit and
18Inspection Fund.
19(Source: P.A. 99-463, eff. 1-1-16.)
20 (415 ILCS 5/34.5 new)
21 Sec. 34.5. Environmentally beneficial project bank.
22 (a) The Agency shall establish and maintain on its website
23a bank of potential environmentally beneficial projects. The
24website must permit members of the public to submit
25suggestions for environmentally beneficial projects. The

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1Agency shall assess the submissions for feasibility and
2clarity before inclusion in the bank.
3 (b) A supplemental environmental project is not required
4to be included within the environmentally beneficial project
5bank required under subsection (a) in order to offset a civil
6penalty.
7 (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
8 Sec. 39. Issuance of permits; procedures.
9 (a) When the Board has by regulation required a permit for
10the construction, installation, or operation of any type of
11facility, equipment, vehicle, vessel, or aircraft, the
12applicant shall apply to the Agency for such permit and it
13shall be the duty of the Agency to issue such a permit upon
14proof by the applicant that the facility, equipment, vehicle,
15vessel, or aircraft will not cause a violation of this Act or
16of regulations hereunder and that denial of the permit is not
17otherwise justified under this Section. The Agency shall adopt
18such procedures as are necessary to carry out its duties under
19this Section. In making its determinations on permit
20applications under this Section the Agency shall may consider
21prior adjudications of noncompliance with this Act by the
22applicant that involved a release of a contaminant into the
23environment. In granting permits, the Agency shall may impose
24reasonable conditions specifically related to the applicant's
25past compliance history with this Act as necessary to correct,

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1detect, or prevent noncompliance. The Agency shall may impose
2such other conditions as may be necessary to accomplish the
3purposes of this Act, and as are not inconsistent with the
4regulations promulgated by the Board hereunder. Except as
5otherwise provided in this Act, a bond or other security shall
6not be required as a condition for the issuance of a permit. If
7the Agency denies any permit under this Section, the Agency
8shall transmit to the applicant within the time limitations of
9this Section specific, detailed statements as to the reasons
10the permit application was denied. Such statements shall
11include, but not be limited to, the following:
12 (i) the Sections of this Act which may be violated if
13 the permit were granted;
14 (ii) the provision of the regulations, promulgated
15 under this Act, which may be violated if the permit were
16 granted;
17 (iii) the specific type of information, if any, which
18 the Agency deems the applicant did not provide the Agency;
19 and
20 (iv) a statement of specific reasons why the Act and
21 the regulations might not be met if the permit were
22 granted.
23 If there is no final action by the Agency within 90 days
24after the filing of the application for permit, the applicant
25may deem the permit issued; except that this time period shall
26be extended to 180 days when (1) notice and opportunity for

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1public hearing are required by State or federal law or
2regulation, (2) the application which was filed is for any
3permit to develop a landfill subject to issuance pursuant to
4this subsection, or (3) the application that was filed is for a
5MSWLF unit required to issue public notice under subsection
6(p) of Section 39. The 90-day and 180-day time periods for the
7Agency to take final action do not apply to NPDES permit
8applications under subsection (b) of this Section, to RCRA
9permit applications under subsection (d) of this Section, to
10UIC permit applications under subsection (e) of this Section,
11or to CCR surface impoundment applications under subsection
12(y) 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
13operating permit program consistent with this paragraph and
14shall adopt rules that require a source to demonstrate that it
15qualifies for 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
22conditions, including, but not limited to, schedules of
23compliance, which may be required to accomplish the purposes
24and provisions of this Act.
25 The Agency may issue general NPDES permits for discharges
26from categories of point sources which are subject to the same

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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,
9and schedules for achieving compliance therewith at the
10earliest reasonable 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
20by regulations of the Board without the requirement of a
21variance, subject to the Federal Water Pollution Control Act,
22as now or hereafter 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

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

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1waste management operations in the manner conducted under
2subsection (i) of Section 39 of this Act.
3 Beginning August 20, 1993, if the pollution control
4facility consists of a hazardous or solid waste disposal
5facility for which the proposed site is located in an
6unincorporated area of a county with a population of less than
7100,000 and includes all or a portion of a parcel of land that
8was, on April 1, 1993, adjacent to a municipality having a
9population of less than 5,000, then the local siting review
10required under this subsection (c) in conjunction with any
11permit applied for after that date shall be performed by the
12governing body of that adjacent municipality rather than the
13county board of the county in which the proposed site is
14located; and for the purposes of that local siting review, any
15references in this Act to the county board shall be deemed to
16mean the governing body of that adjacent municipality;
17provided, however, that the provisions of this paragraph shall
18not apply to any proposed site which was, on April 1, 1993,
19owned in whole or in part by another municipality.
20 In the case of a pollution control facility for which a
21development permit was issued before November 12, 1981, if an
22operating permit has not been issued by the Agency prior to
23August 31, 1989 for any portion of the facility, then the
24Agency may not issue or renew any development permit nor issue
25an original operating permit for any portion of such facility
26unless the applicant has submitted proof to the Agency that

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1the location of the facility has been approved by the
2appropriate county board or municipal governing body pursuant
3to Section 39.2 of this Act.
4 After January 1, 1994, if a solid waste disposal facility,
5any portion for which an operating permit has been issued by
6the Agency, has not accepted waste disposal for 5 or more
7consecutive calendar years, before that facility may accept
8any new or additional waste for disposal, the owner and
9operator must obtain a new operating permit under this Act for
10that facility unless the owner and operator have applied to
11the Agency for a permit authorizing the temporary suspension
12of waste acceptance. The Agency may not issue a new operation
13permit under this Act for the facility unless the applicant
14has submitted proof to the Agency that the location of the
15facility has been approved or re-approved by the appropriate
16county board or municipal governing body under Section 39.2 of
17this Act after the facility ceased accepting waste.
18 Except for those facilities owned or operated by sanitary
19districts organized under the Metropolitan Water Reclamation
20District Act, and except for new pollution control facilities
21governed by Section 39.2, and except for fossil fuel mining
22facilities, the granting of a permit under this Act shall not
23relieve the applicant from meeting and securing all necessary
24zoning approvals from the unit of government having zoning
25jurisdiction over the proposed facility.
26 Before beginning construction on any new sewage treatment

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1plant or sludge drying site to be owned or operated by a
2sanitary district organized under the Metropolitan Water
3Reclamation District Act for which a new permit (rather than
4the renewal or amendment of an existing permit) is required,
5such sanitary district shall hold a public hearing within the
6municipality within which the proposed facility is to be
7located, or within the nearest community if the proposed
8facility is to be located within an unincorporated area, at
9which information concerning the proposed facility shall be
10made available to the public, and members of the public shall
11be given the opportunity to express their views concerning the
12proposed facility.
13 The Agency may issue a permit for a municipal waste
14transfer station without requiring approval pursuant to
15Section 39.2 provided that the following demonstration is
16made:
17 (1) the municipal waste transfer station was in
18 existence on or before January 1, 1979 and was in
19 continuous operation from January 1, 1979 to January 1,
20 1993;
21 (2) the operator submitted a permit application to the
22 Agency to develop and operate the municipal waste transfer
23 station during April of 1994;
24 (3) the operator can demonstrate that the county board
25 of the county, if the municipal waste transfer station is
26 in an unincorporated area, or the governing body of the

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1 municipality, if the station is in an incorporated area,
2 does not object to resumption of the operation of the
3 station; and
4 (4) the site has local zoning approval.
5 The Agency shall not issue any of the following
6construction permits unless the applicant for the permit
7submits proof to the Agency that the location of the source has
8been approved under Section 39.2 by the county board of the
9county, if in an unincorporated area, or the governing body of
10a municipality, if in an incorporated area: (i) a construction
11permit for a new or modified source that is to be located in an
12environmental justice community, that will require a CAAPP
13permit or a federally enforceable State operating permit, and
14that would be authorized under that permit to increase annual
15permitted emissions; (ii) a construction permit for any new or
16modified source that is located in an environmental justice
17community, that, on the effective date of this amendatory Act
18of the 103rd General Assembly, possesses a CAAPP permit or
19federally enforceable State operating permit, and that would
20be authorized under that permit to increase annual permitted
21emissions; or (iii) a construction permit for any existing
22source that is located in an environmental justice community,
23that would require a new CAAPP permit or new federally
24enforceable State operating permit for the first time, and
25that would be authorized under that permit to increase annual
26permitted emissions. For purposes of this subsection (c), and

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1for purposes of Section 39.2, the appropriate county board or
2governing body of the municipality shall be the county board
3of the county or the governing body of the municipality in
4which the source is to be located on the date when the
5application for siting approval is filed. The provisions added
6to this subsection (c) by this amendatory Act of the 103rd
7General Assembly do not apply to permits for modifications or
8expansions at existing federally enforceable State operating
9permit or CAAPP sources unless the modification will result in
10an increase in the hourly rate of emissions or the total annual
11emissions of any air pollutant.
12 (d) The Agency may issue RCRA permits exclusively under
13this subsection to persons owning or operating a facility for
14the treatment, storage, or disposal of hazardous waste as
15defined under this Act. Subsection (y) of this Section, rather
16than this subsection (d), shall apply to permits issued for
17CCR surface impoundments.
18 All RCRA permits shall contain those terms and conditions,
19including, but not limited to, schedules of compliance, which
20may be required to accomplish the purposes and provisions of
21this Act. The Agency may include among such conditions
22standards and other requirements established under this Act,
23Board regulations, the Resource Conservation and Recovery Act
24of 1976 (P.L. 94-580), as amended, and regulations pursuant
25thereto, and may include schedules for achieving compliance
26therewith as soon as possible. The Agency shall require that a

HB2520 Engrossed- 24 -LRB103 25620 CPF 51969 b
1performance bond or other security be provided as a condition
2for the issuance of a RCRA permit.
3 In the case of a permit to operate a hazardous waste or PCB
4incinerator as defined in subsection (k) of Section 44, the
5Agency shall require, as a condition of the permit, that the
6operator of the facility perform such analyses of the waste to
7be incinerated as may be necessary and appropriate to ensure
8the safe operation of the incinerator.
9 The Agency shall adopt filing requirements and procedures
10which are necessary and appropriate for the issuance of RCRA
11permits, and which are consistent with the Act or regulations
12adopted by the Board, and with the Resource Conservation and
13Recovery Act of 1976 (P.L. 94-580), as amended, and
14regulations pursuant thereto.
15 The applicant shall make available to the public for
16inspection all documents submitted by the applicant to the
17Agency in furtherance of an application, with the exception of
18trade secrets, at the office of the county board or governing
19body of the municipality. Such documents may be copied upon
20payment of the actual cost of reproduction during regular
21business hours of the local office. The Agency shall issue a
22written statement concurrent with its grant or denial of the
23permit explaining the basis for its decision.
24 (e) The Agency may issue UIC permits exclusively under
25this subsection to persons owning or operating a facility for
26the underground injection of contaminants as defined under

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1this Act.
2 All UIC permits shall contain those terms and conditions,
3including, but not limited to, schedules of compliance, which
4may be required to accomplish the purposes and provisions of
5this Act. The Agency may include among such conditions
6standards and other requirements established under this Act,
7Board regulations, the Safe Drinking Water Act (P.L. 93-523),
8as amended, and regulations pursuant thereto, and may include
9schedules for achieving compliance therewith. The Agency shall
10require that a performance bond or other security be provided
11as a condition for the issuance of a UIC permit.
12 The Agency shall adopt filing requirements and procedures
13which are necessary and appropriate for the issuance of UIC
14permits, and which are consistent with the Act or regulations
15adopted by the Board, and with the Safe Drinking Water Act
16(P.L. 93-523), as amended, and regulations pursuant thereto.
17 The applicant shall make available to the public for
18inspection all documents submitted by the applicant to the
19Agency in furtherance of an application, with the exception of
20trade secrets, at the office of the county board or governing
21body of the municipality. Such documents may be copied upon
22payment of the actual cost of reproduction during regular
23business hours of the local office. The Agency shall issue a
24written statement concurrent with its grant or denial of the
25permit explaining the basis for its decision.
26 (f) In making any determination pursuant to Section 9.1 of

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1this Act:
2 (1) The Agency shall have authority to make the
3 determination of any question required to be determined by
4 the Clean Air Act, as now or hereafter amended, this Act,
5 or the regulations of the Board, including the
6 determination of the Lowest Achievable Emission Rate,
7 Maximum Achievable Control Technology, or Best Available
8 Control Technology, consistent with the Board's
9 regulations, if any.
10 (2) The Agency shall adopt requirements as necessary
11 to implement public participation procedures, including,
12 but not limited to, public notice, comment, and an
13 opportunity for hearing, which must accompany the
14 processing of applications for PSD permits. The Agency
15 shall briefly describe and respond to all significant
16 comments on the draft permit raised during the public
17 comment period or during any hearing. The Agency may group
18 related comments together and provide one unified response
19 for each issue raised.
20 (3) Any complete permit application submitted to the
21 Agency under this subsection for a PSD permit shall be
22 granted or denied by the Agency not later than one year
23 after the filing of such completed application.
24 (4) The Agency shall, after conferring with the
25 applicant, give written notice to the applicant of its
26 proposed decision on the application, including the terms

HB2520 Engrossed- 27 -LRB103 25620 CPF 51969 b
1 and conditions of the permit to be issued and the facts,
2 conduct, or other basis upon which the Agency will rely to
3 support its proposed action.
4 (g) The Agency shall include as conditions upon all
5permits issued for hazardous waste disposal sites such
6restrictions upon the future use of such sites as are
7reasonably necessary to protect public health and the
8environment, including permanent prohibition of the use of
9such sites for purposes which may create an unreasonable risk
10of injury to human health or to the environment. After
11administrative and judicial challenges to such restrictions
12have been exhausted, the Agency shall file such restrictions
13of record in the Office of the Recorder of the county in which
14the hazardous waste disposal site is located.
15 (h) A hazardous waste stream may not be deposited in a
16permitted hazardous waste site unless specific authorization
17is obtained from the Agency by the generator and disposal site
18owner and operator for the deposit of that specific hazardous
19waste stream. The Agency may grant specific authorization for
20disposal of hazardous waste streams only after the generator
21has reasonably demonstrated that, considering technological
22feasibility and economic reasonableness, the hazardous waste
23cannot be reasonably recycled for reuse, nor incinerated or
24chemically, physically, or biologically treated so as to
25neutralize the hazardous waste and render it nonhazardous. In
26granting authorization under this Section, the Agency may

HB2520 Engrossed- 28 -LRB103 25620 CPF 51969 b
1impose such conditions as may be necessary to accomplish the
2purposes of the Act and are consistent with this Act and
3regulations promulgated by the Board hereunder. If the Agency
4refuses to grant authorization under this Section, the
5applicant may appeal as if the Agency refused to grant a
6permit, pursuant to the provisions of subsection (a) of
7Section 40 of this Act. For purposes of this subsection (h),
8the term "generator" has the meaning given in Section 3.205 of
9this Act, unless: (1) the hazardous waste is treated,
10incinerated, or partially recycled for reuse prior to
11disposal, in which case the last person who treats,
12incinerates, or partially recycles the hazardous waste prior
13to disposal is the generator; or (2) the hazardous waste is
14from a response action, in which case the person performing
15the response action is the generator. This subsection (h) does
16not apply to any hazardous waste that is restricted from land
17disposal under 35 Ill. Adm. Code 728.
18 (i) Before issuing any RCRA permit, any permit for a waste
19storage site, sanitary landfill, waste disposal site, waste
20transfer station, waste treatment facility, waste incinerator,
21or any waste-transportation operation, any permit or interim
22authorization for a clean construction or demolition debris
23fill operation, or any permit required under subsection (d-5)
24of Section 55, the Agency shall conduct an evaluation of the
25prospective owner's or operator's prior experience in waste
26management operations, clean construction or demolition debris

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

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1fill operation in which any ownership interest is transferred
2between January 1, 2005, and the effective date of the
3prohibition set forth in Section 22.52 of this Act, the Agency
4shall conduct an evaluation of the operation if any previous
5activities at the site or facility may have caused or allowed
6contamination of the site. It shall be the responsibility of
7the owner or operator seeking the permit or interim
8authorization to provide to the Agency all of the information
9necessary for the Agency to conduct its evaluation. The Agency
10may deny a permit or interim authorization if previous
11activities at the site may have caused or allowed
12contamination at the site, unless such contamination is
13authorized under any permit issued by the Agency.
14 (j) The issuance under this Act of a permit to engage in
15the surface mining of any resources other than fossil fuels
16shall not relieve the permittee from its duty to comply with
17any applicable local law regulating the commencement,
18location, or operation of surface mining facilities.
19 (k) A development permit issued under subsection (a) of
20Section 39 for any facility or site which is required to have a
21permit under subsection (d) of Section 21 shall expire at the
22end of 2 calendar years from the date upon which it was issued,
23unless within that period the applicant has taken action to
24develop the facility or the site. In the event that review of
25the conditions of the development permit is sought pursuant to
26Section 40 or 41, or permittee is prevented from commencing

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

HB2520 Engrossed- 32 -LRB103 25620 CPF 51969 b
1 (3) the specific information, if any, the Agency deems
2 the applicant did not provide in its application to the
3 Agency; and
4 (4) a statement of specific reasons why the Act and
5 the regulations might be violated if the permit were
6 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
21 the 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

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1 after November 17, 1991, the composting area is located at
2 least 1/8 mile from the nearest residence (other than a
3 residence located on the same property as the facility);
4 (4) the design of the facility will prevent any
5 compost material from being placed within 5 feet of the
6 water table, will adequately control runoff from the site,
7 and will collect and manage any leachate that is generated
8 on 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
21than 10 years in duration for the composting of landscape
22wastes, as defined in Section 3.155 of this Act, based on the
23above requirements.
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

HB2520 Engrossed- 34 -LRB103 25620 CPF 51969 b
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
13of the application in a newspaper of general circulation in
14the county in which the MSWLF unit is or is proposed to be
15located. The notice must be published at least 15 days before
16submission of the permit application to the Agency. The notice
17shall state the name and address of the applicant, the
18location of the MSWLF unit or proposed MSWLF unit, the nature
19and size of the MSWLF unit or proposed MSWLF unit, the nature
20of the activity proposed, the probable life of the proposed
21activity, the date the permit application will be submitted,
22and a statement that persons may file written comments with
23the Agency concerning the permit application within 30 days
24after the filing of the permit application unless the time
25period to submit comments is extended by the Agency.
26 When a permit applicant submits information to the Agency

HB2520 Engrossed- 35 -LRB103 25620 CPF 51969 b
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
5the permit application that are postmarked no later than 30
6days after the filing of the permit application, unless the
7time period 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 July 12, 2011 (the effective
24date of Public Act 97-95), the Agency, in consultation with
25the regulated community, shall develop a web portal to be
26posted on its website for the purpose of enhancing review and

HB2520 Engrossed- 36 -LRB103 25620 CPF 51969 b
1promoting timely issuance of permits required by this Act. At
2a minimum, the Agency shall make the following information
3available 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
7 limited to, existing instructions for completing the
8 applications and examples of complete applications. As the
9 Agency develops new checklists and develops guidance, it
10 shall supplement the web portal with those materials.
11 (2) Within 2 years after July 12, 2011 (the effective
12 date of Public Act 97-95), permit application forms or
13 portions of permit applications that can be completed and
14 saved electronically, and submitted to the Agency
15 electronically with digital signatures.
16 (3) Within 2 years after July 12, 2011 (the effective
17 date of Public Act 97-95), an online tracking system where
18 an applicant may review the status of its pending
19 application, including the name and contact information of
20 the permit analyst assigned to the application. Until the
21 online tracking system has been developed, the Agency
22 shall post on its website semi-annual permitting
23 efficiency tracking reports that include statistics on the
24 timeframes for Agency action on the following types of
25 permits received after July 12, 2011 (the effective date
26 of Public Act 97-95): air construction permits, new NPDES

HB2520 Engrossed- 37 -LRB103 25620 CPF 51969 b
1 permits and associated water construction permits, and
2 modifications of major NPDES permits and associated water
3 construction permits. The reports must be posted by
4 February 1 and August 1 each year and shall include:
5 (A) the number of applications received for each
6 type of permit, the number of applications on which
7 the Agency has taken action, and the number of
8 applications still pending; and
9 (B) for those applications where the Agency has
10 not taken action in accordance with the timeframes set
11 forth in this Act, the date the application was
12 received and the reasons for any delays, which may
13 include, but shall not be limited to, (i) the
14 application being inadequate or incomplete, (ii)
15 scientific or technical disagreements with the
16 applicant, USEPA, or other local, state, or federal
17 agencies involved in the permitting approval process,
18 (iii) public opposition to the permit, or (iv) Agency
19 staffing shortages. To the extent practicable, the
20 tracking report shall provide approximate dates when
21 cause for delay was identified by the Agency, when the
22 Agency informed the applicant of the problem leading
23 to the delay, and when the applicant remedied the
24 reason for the delay.
25 (r) Upon the request of the applicant, the Agency shall
26notify the applicant of the permit analyst assigned to the

HB2520 Engrossed- 38 -LRB103 25620 CPF 51969 b
1application upon its receipt.
2 (s) The Agency is authorized to prepare and distribute
3guidance documents relating to its administration of this
4Section and procedural rules implementing this Section.
5Guidance documents prepared under this subsection shall not be
6considered rules and shall not be subject to the Illinois
7Administrative Procedure Act. Such guidance shall not be
8binding on any party.
9 (t) Except as otherwise prohibited by federal law or
10regulation, any person submitting an application for a permit
11may include with the application suggested permit language for
12Agency consideration. The Agency is not obligated to use the
13suggested language or any portion thereof in its permitting
14decision. If requested by the permit applicant, the Agency
15shall meet with the applicant to discuss the suggested
16language.
17 (u) If requested by the permit applicant, the Agency shall
18provide the permit applicant with a copy of the draft permit
19prior to any public review period.
20 (v) If requested by the permit applicant, the Agency shall
21provide the permit applicant with a copy of the final permit
22prior to its issuance.
23 (w) An air pollution permit shall not be required due to
24emissions of greenhouse gases, as specified by Section 9.15 of
25this Act.
26 (x) If, before the expiration of a State operating permit

HB2520 Engrossed- 39 -LRB103 25620 CPF 51969 b
1that is issued pursuant to subsection (a) of this Section and
2contains federally enforceable conditions limiting the
3potential to emit of the source to a level below the major
4source threshold for that source so as to exclude the source
5from the Clean Air Act Permit Program, the Agency receives a
6complete application for the renewal of that permit, then all
7of the terms and conditions of the permit shall remain in
8effect until final administrative action has been taken on the
9application for the renewal of the permit.
10 (y) The Agency may issue permits exclusively under this
11subsection to persons owning or operating a CCR surface
12impoundment subject to Section 22.59.
13 (z) If a mass animal mortality event is declared by the
14Department of Agriculture in accordance with the Animal
15Mortality Act:
16 (1) the owner or operator responsible for the disposal
17 of dead animals is exempted from the following:
18 (i) obtaining a permit for the construction,
19 installation, or operation of any type of facility or
20 equipment issued in accordance with subsection (a) of
21 this Section;
22 (ii) obtaining a permit for open burning in
23 accordance with the rules adopted by the Board; and
24 (iii) registering the disposal of dead animals as
25 an eligible small source with the Agency in accordance
26 with Section 9.14 of this Act;

HB2520 Engrossed- 40 -LRB103 25620 CPF 51969 b
1 (2) as applicable, the owner or operator responsible
2 for the disposal of dead animals is required to obtain the
3 following permits:
4 (i) an NPDES permit in accordance with subsection
5 (b) of this Section;
6 (ii) a PSD permit or an NA NSR permit in accordance
7 with Section 9.1 of this Act;
8 (iii) a lifetime State operating permit or a
9 federally enforceable State operating permit, in
10 accordance with subsection (a) of this Section; or
11 (iv) a CAAPP permit, in accordance with Section
12 39.5 of this Act.
13 All CCR surface impoundment permits shall contain those
14terms and conditions, including, but not limited to, schedules
15of compliance, which may be required to accomplish the
16purposes and provisions of this Act, Board regulations, the
17Illinois Groundwater Protection Act and regulations pursuant
18thereto, and the Resource Conservation and Recovery Act and
19regulations pursuant thereto, and may include schedules for
20achieving compliance therewith as soon as possible.
21 The Board shall adopt filing requirements and procedures
22that are necessary and appropriate for the issuance of CCR
23surface impoundment permits and that are consistent with this
24Act or regulations adopted by the Board, and with the RCRA, as
25amended, and regulations pursuant thereto.
26 The applicant shall make available to the public for

HB2520 Engrossed- 41 -LRB103 25620 CPF 51969 b
1inspection all documents submitted by the applicant to the
2Agency in furtherance of an application, with the exception of
3trade secrets, on its public internet website as well as at the
4office of the county board or governing body of the
5municipality where CCR from the CCR surface impoundment will
6be permanently disposed. Such documents may be copied upon
7payment of the actual cost of reproduction during regular
8business hours of the local office.
9 The Agency shall issue a written statement concurrent with
10its grant or denial of the permit explaining the basis for its
11decision.
12 (aa) The Agency shall not issue any of the following
13construction permits unless the applicant for the permit
14submits to the Agency with its permit application proof that
15the permit applicant has conducted a public meeting pursuant
16to this subsection (aa) and submitted an environmental justice
17assessment pursuant to subsection (bb): (i) a construction
18permit for a new source that is to be located in an
19environmental justice community, that will require a CAAPP
20permit or a federally enforceable State operating permit, and
21that would be authorized under that permit to increase annual
22permitted emissions; (ii) a construction permit for any
23existing source that is located in an environmental justice
24community, that, on the effective date of this amendatory Act
25of the 103rd General Assembly, possesses a CAAPP permit or
26federally enforceable State operating permit, and that would

HB2520 Engrossed- 42 -LRB103 25620 CPF 51969 b
1be authorized under that permit to increase annual permitted
2emissions; or (iii) a construction permit for any existing
3source that is located in an environmental justice community,
4that would require a new CAAPP permit or new federally
5enforceable State operating permit for the first time, and
6that would be authorized under that permit to increase annual
7permitted emissions. This subsection (aa) also applies to
8permit applications for modifications or expansions to
9existing sources that will result in an increase in the hourly
10rate of emissions or the total annual emissions of any air
11pollutant. The public meeting required under this subsection
12(aa) shall be held within the environmental justice community
13where the proposed source is located or to be located, and the
14applicant shall collect public comments at the meeting.
15 (1) Notice of the public meeting shall be provided 30
16 days in advance to:
17 (A) local elected officials in the area where the
18 proposed source is to be located, including the mayor
19 or village president, municipal clerk, county board
20 chairman, county clerk, and State's Attorney;
21 (B) members of the General Assembly from the
22 legislative district in which the proposed source is
23 to be located; and
24 (C) directors of child care centers licensed by
25 the Department of Children and Family Services, school
26 principals, and public park superintendents who

HB2520 Engrossed- 43 -LRB103 25620 CPF 51969 b
1 oversee facilities located within one mile of the
2 proposed source.
3 (2) Notice of the public meeting shall be published in
4 a newspaper of general circulation.
5 (3) Notice of the public meeting shall be posted on a
6 website of the applicant with a link provided to the
7 Agency for posting on the Agency's website.
8 (4) Notice of the public meeting shall include all of
9 the following:
10 (A) the name and address of the applicant and the
11 proposed source;
12 (B) the activity or activities at the proposed
13 source to be permitted;
14 (C) the proposed source's anticipated potential to
15 emit and allowable emissions of regulated pollutants;
16 (D) the date, time, and location of the public
17 meeting;
18 (E) the deadline for submission of written
19 comments;
20 (F) the mailing address or email address where
21 written comments can be submitted; and
22 (G) the website where the summary of the
23 environmental justice assessment required under
24 subsection (bb) can be accessed.
25 (5) If the population of individuals who reside within
26 one mile of the source includes individuals within a

HB2520 Engrossed- 44 -LRB103 25620 CPF 51969 b
1 linguistically isolated community, then the applicant
2 shall provide the public notice in a multilingual format
3 appropriate to the needs of the linguistically isolated
4 community and shall provide oral and written translation
5 services at the public meeting.
6 At the public meeting, the applicant shall present a
7summary of the environmental justice assessment required under
8subsection (bb).
9 The applicant must accept written public comments from the
10date public notice of the meeting is provided until at least 30
11days after the date of the public meeting.
12 The applicant must provide with its permit application a
13copy of the meeting notice and a certification, under penalty
14of law, signed by a responsible official for the permit
15applicant attesting (i) to the fact that a public meeting was
16held, (ii) to the information that was provided by the
17applicant at the public meeting, and (iii) that the applicant
18collected written comments and transcribed oral public
19comments in accordance with the requirements of this
20subsection (aa).
21 The failure of the applicant to comply with the express
22procedural requirements under this subsection (aa) shall
23result in denial of a permit application submitted to the
24Agency.
25 The Agency may propose and the Board may adopt rules
26regarding the implementation of this subsection (aa).

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1 (bb) The Agency shall not issue any of the construction
2permits described in subsection (aa) unless the applicant for
3the permit submits to the Agency with its permit application
4proof that the permit applicant has conducted an environmental
5justice assessment for the proposed project. The environmental
6justice assessment shall consist of the following:
7 (1) Air dispersion modeling examining the air
8 quality-related impacts from the proposed project in
9 combination with existing mobile and stationary air
10 pollutant emitting sources.
11 The air dispersion modeling must address emissions
12 associated with issuance of the permit.
13 If the air dispersion modeling reveals estimated
14 off-site impacts from the proposed project, the applicant
15 shall also identify efforts that will be undertaken by the
16 applicant during the construction or operation of the new
17 source to mitigate such impacts.
18 (2) A modeling protocol submitted to the Agency for
19 review and consideration prior to performance of the air
20 dispersion modeling. The modeling protocol shall include
21 analyses sufficient to evaluate short-term impacts to air
22 quality and impacts to air quality from nonstandard
23 operating conditions, such as worst-case emission
24 estimates under a variety of weather and atmospheric
25 conditions and emissions associated with startup,
26 shutdown, maintenance, and outages. Any Agency

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1 recommendations for revisions to the modeling protocol
2 shall be provided in writing to the applicant within 120
3 days after receipt of the modeling protocol. The modeling
4 shall be performed using accepted USEPA methodologies.
5 (3) An environmental impact review evaluating the
6 direct, indirect, and cumulative environmental impacts
7 within the environmental justice community that are
8 associated with the proposed project. The environmental
9 impact review shall include, but shall not be limited to,
10 the following:
11 (A) a qualitative and quantitative assessment of
12 emissions-related impacts of the project on the area,
13 including an estimate of the maximum allowable
14 emissions of criteria pollutants and hazardous air
15 pollutants from the source; and
16 (B) an assessment of the health-based indicators
17 for inhalation exposure, including, but not limited
18 to, impacts to the respiratory, hematological,
19 neurological, cardiovascular, renal, and hepatic
20 systems and cancer rates.
21 The environmental justice assessment must be completed by
22an independent third party.
23 If the environmental justice assessment shows that the
24proposed project will cause harm to the environment or public
25health, the Agency shall impose conditions in the permit that
26will mitigate such harm, or it shall deny the permit if such

HB2520 Engrossed- 47 -LRB103 25620 CPF 51969 b
1harm is unavoidable and causes or contributes to
2disproportionate harm.
3 The Agency shall propose and the Board shall adopt rules
4regarding the implementation of this subsection (bb),
5including, at a minimum, the type and nature of air dispersion
6modeling, the contents of the modeling protocol and
7environmental impact review, and a description of harm and
8disproportionate harm that may be evidenced by the
9environmental justice assessment.
10 (cc) The Agency shall not issue any of the following
11construction permits unless the Agency conducts an evaluation
12of the prospective owner's or operator's prior experience in
13owning and operating sources of air pollution: (i) a
14construction permit for a new source that is to be located in
15an environmental justice community, that will require a CAAPP
16permit or a federally enforceable State operating permit, and
17that would be authorized under that permit to increase annual
18permitted emissions; (ii) a construction permit for any
19existing source that is located in an environmental justice
20community, that, on the effective date of this amendatory Act
21of the 103rd General Assembly, possesses a CAAPP permit or
22federally enforceable State operating permit, and that would
23be authorized under that permit to increase annual permitted
24emissions; or (iii) a construction permit for any existing
25source that is located in an environmental justice community,
26that would require a new CAAPP permit or new federally

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1enforceable State operating permit for the first time, and
2that would be authorized under that permit to increase annual
3permitted emissions. The Agency may deny the permit if the
4prospective owner or operator or any employee or officer of
5the prospective owner or operator or any board member has a
6history of:
7 (1) repeated violations of federal, State, or local
8 laws, rules, regulations, standards, or ordinances in the
9 ownership or operation of sources of air pollution;
10 (2) conviction in this State, another state, or
11 federal court of knowingly submitting false information
12 under any environmental law, rule, regulation, or permit
13 term or condition; or
14 (3) proof of gross carelessness or incompetence in the
15 ownership or operation of a source of air pollution.
16(Source: P.A. 101-171, eff. 7-30-19; 102-216, eff. 1-1-22;
17102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
18 (415 ILCS 5/39.2) (from Ch. 111 1/2, par. 1039.2)
19 Sec. 39.2. Local siting review.
20 (a) The county board of the county or the governing body of
21the municipality, as determined by paragraph (c) of Section 39
22of this Act, shall, subject to review, approve or disapprove
23the request for local siting approval for each pollution
24control facility and each of the following construction
25permits: (i) a construction permit for a new source that is to

HB2520 Engrossed- 49 -LRB103 25620 CPF 51969 b
1be located in an environmental justice community, that will
2require a CAAPP permit or a federally enforceable State
3operating permit, and that would be authorized under that
4permit to increase annual permitted emissions; (ii) a
5construction permit for any existing source that is located in
6an environmental justice community, that, on the effective
7date of this amendatory Act of the 103rd General Assembly,
8possesses a CAAPP permit or federally enforceable State
9operating permit, and that would be authorized under that
10permit to increase annual permitted emissions; or (iii) a
11construction permit for any existing source that is located in
12an environmental justice community, that would require a new
13CAAPP permit or new federally enforceable State operating
14permit for the first time, and that would be authorized under
15that permit to increase annual permitted emissions which is
16subject to such review. An applicant for local siting approval
17shall submit sufficient details describing the proposed
18facility and evidence to demonstrate compliance, and local
19siting approval shall be granted only if the proposed facility
20meets the following criteria:
21 (i) the pollution control facility is necessary to
22 accommodate the waste needs of the area it is intended to
23 serve;
24 (ii) the pollution control facility or air pollution
25 source is so designed, located, and proposed to be
26 operated that the public health, safety, and welfare will

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1 be protected;
2 (iii) the pollution control facility or air pollution
3 source is located so as to minimize incompatibility with
4 the character of the surrounding area and to minimize the
5 effect on the value of the surrounding property;
6 (iv) (A) for a pollution control facility other than a
7 sanitary landfill or waste disposal site, the pollution
8 control facility is located outside the boundary of the
9 100-year 100 year flood plain or the site is
10 flood-proofed; (B) for a pollution control facility that
11 is a sanitary landfill or waste disposal site, the
12 pollution control facility is located outside the boundary
13 of the 100-year floodplain, or if the pollution control
14 facility is a facility described in subsection (b)(3) of
15 Section 22.19a, the site is flood-proofed;
16 (v) the plan of operations for the pollution control
17 facility or air pollution source is designed to minimize
18 the danger to the surrounding area from fire, spills, or
19 other operational accidents;
20 (vi) the traffic patterns to or from the pollution
21 control facility or air pollution source are so designed
22 as to minimize the impact on existing traffic flows;
23 (vii) if the pollution control facility will be
24 treating, storing, or disposing of hazardous waste, an
25 emergency response plan exists for the facility which
26 includes notification, containment, and evacuation

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1 procedures to be used in case of an accidental release;
2 (viii) if the pollution control facility is to be
3 located in a county where the county board has adopted a
4 solid waste management plan consistent with the planning
5 requirements of the Local Solid Waste Disposal Act or the
6 Solid Waste Planning and Recycling Act, the pollution
7 control facility is consistent with that plan; for
8 purposes of this criterion (viii), the "solid waste
9 management plan" means the plan that is in effect as of the
10 date the application for siting approval is filed; and
11 (ix) if the pollution control facility will be located
12 within a regulated recharge area, any applicable
13 requirements specified by the Board for such areas have
14 been met.
15 The county board or the governing body of the municipality
16may also consider as evidence the previous operating
17experience and past record of convictions or admissions of
18violations of the pollution control facility applicant (and
19any subsidiary or parent corporation) in the field of solid
20waste management when considering criteria (ii) and (v) under
21this Section.
22 If the pollution control facility is subject to the
23location restrictions in Section 22.14 of this Act, compliance
24with that Section shall be determined as of the date the
25application for siting approval is filed.
26 (b) No later than 14 days before the date on which the

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1county board or governing body of the municipality receives a
2request for site approval, the applicant shall cause written
3notice of such request to be served either in person or by
4registered mail, return receipt requested, on the owners of
5all property within the subject area not solely owned by the
6applicant, and on the owners of all property within 250 feet in
7each direction of the lot line of the subject property, said
8owners being such persons or entities which appear from the
9authentic tax records of the county County in which such
10pollution control facility or air pollution source is to be
11located; provided, that the number of all feet occupied by all
12public roads, streets, alleys, and other public ways shall be
13excluded in computing the 250 feet requirement; provided
14further, that in no event shall this requirement exceed 400
15feet, including public streets, alleys, and other public ways.
16 Such written notice shall also be served upon members of
17the General Assembly from the legislative district in which
18the proposed pollution control facility or air pollution
19source is located and shall be published in a newspaper of
20general circulation published in the county in which the site
21is located.
22 Such notice shall state the name and address of the
23applicant, the location of the proposed site, the nature and
24size of the development, the nature of the activity proposed,
25the probable life of the proposed activity, the date when the
26request for site approval will be submitted, and a description

HB2520 Engrossed- 53 -LRB103 25620 CPF 51969 b
1of the right of persons to comment on such request as hereafter
2provided.
3 (c) An applicant shall file a copy of its request with the
4county board of the county or the governing body of the
5municipality in which the proposed site is located. The
6request shall include (i) the substance of the applicant's
7proposal and (ii) all documents, if any, submitted as of that
8date to the Agency pertaining to the proposed pollution
9control facility or air pollution source, except trade secrets
10as determined under Section 7.1 of this Act. All such
11documents or other materials on file with the county board or
12governing body of the municipality shall be made available for
13public inspection at the office of the county board or the
14governing body of the municipality and may be copied upon
15payment of the actual cost of reproduction.
16 Any person may file written comment with the county board
17or governing body of the municipality concerning the
18appropriateness of the proposed site for its intended purpose.
19The county board or governing body of the municipality shall
20consider any comment received or postmarked not later than 30
21days after the date of the last public hearing.
22 (d) At least one public hearing, at which an applicant
23shall present at least one witness to testify subject to
24cross-examination, is to be held by the county board or
25governing body of the municipality no sooner than 90 days but
26no later than 120 days after the date on which it received the

HB2520 Engrossed- 54 -LRB103 25620 CPF 51969 b
1request for site approval. No later than 14 days prior to such
2hearing, notice shall be published in a newspaper of general
3circulation published in the county of the proposed site, and
4delivered by certified mail to all members of the General
5Assembly from the district in which the proposed site is
6located, to the governing authority of every municipality
7contiguous to the proposed site or contiguous to the
8municipality in which the proposed site is to be located, to
9the county board of the county where the proposed site is to be
10located, if the proposed site is located within the boundaries
11of a municipality, and to the Agency. Members or
12representatives of the governing authority of a municipality
13contiguous to the proposed site or contiguous to the
14municipality in which the proposed site is to be located and,
15if the proposed site is located in a municipality, members or
16representatives of the county board of a county in which the
17proposed site is to be located may appear at and participate in
18public hearings held pursuant to this Section. The public
19hearing shall develop a record sufficient to form the basis of
20appeal of the decision in accordance with Section 40.1 of this
21Act. The fact that a member of the county board or governing
22body of the municipality has publicly expressed an opinion on
23an issue related to a site review proceeding shall not
24preclude the member from taking part in the proceeding and
25voting on the issue.
26 (e) Decisions of the county board or governing body of the

HB2520 Engrossed- 55 -LRB103 25620 CPF 51969 b
1municipality are to be in writing, confirming a public hearing
2was held with testimony from at least one witness presented by
3the applicant, specifying the reasons for the decision, such
4reasons to be in conformance with subsection (a) of this
5Section. In granting approval for a site the county board or
6governing body of the municipality may impose such conditions
7as may be reasonable and necessary to accomplish the purposes
8of this Section and as are not inconsistent with regulations
9promulgated by the Board. Such decision shall be available for
10public inspection at the office of the county board or
11governing body of the municipality and may be copied upon
12payment of the actual cost of reproduction. If there is no
13final action by the county board or governing body of the
14municipality within 180 days after the date on which it
15received the request for site approval, the applicant may deem
16the request approved.
17 At the public hearing, at any time prior to completion by
18the applicant of the presentation of the applicant's factual
19evidence, testimony, and an opportunity for cross-examination
20by the county board or governing body of the municipality and
21any participants, the applicant may file not more than one
22amended application upon payment of additional fees pursuant
23to subsection (k); in which case the time limitation for final
24action set forth in this subsection (e) shall be extended for
25an additional period of 90 days.
26 If, prior to making a final local siting decision, a

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1county board or governing body of a municipality has
2negotiated and entered into a host agreement with the local
3siting applicant, the terms and conditions of the host
4agreement, whether written or oral, shall be disclosed and
5made a part of the hearing record for that local siting
6proceeding. In the case of an oral agreement, the disclosure
7shall be made in the form of a written summary jointly prepared
8and submitted by the county board or governing body of the
9municipality and the siting applicant and shall describe the
10terms and conditions of the oral agreement.
11 (e-5) Siting approval obtained pursuant to this Section is
12transferable and may be transferred to a subsequent owner or
13operator. In the event that siting approval has been
14transferred to a subsequent owner or operator, that subsequent
15owner or operator assumes and takes subject to any and all
16conditions imposed upon the prior owner or operator by the
17county board of the county or governing body of the
18municipality pursuant to subsection (e). However, any such
19conditions imposed pursuant to this Section may be modified by
20agreement between the subsequent owner or operator and the
21appropriate county board or governing body. Further, in the
22event that siting approval obtained pursuant to this Section
23has been transferred to a subsequent owner or operator, that
24subsequent owner or operator assumes all rights and
25obligations and takes the facility subject to any and all
26terms and conditions of any existing host agreement between

HB2520 Engrossed- 57 -LRB103 25620 CPF 51969 b
1the prior owner or operator and the appropriate county board
2or governing body.
3 (f) A local siting approval granted under this Section
4shall expire at the end of 2 calendar years from the date upon
5which it was granted, unless the local siting approval granted
6under this Section is for a sanitary landfill operation, in
7which case the approval shall expire at the end of 3 calendar
8years from the date upon which it was granted, and unless
9within that period the applicant has made application to the
10Agency for a permit to develop the site. In the event that the
11local siting decision has been appealed, such expiration
12period shall be deemed to begin on the date upon which the
13appeal process is concluded.
14 Except as otherwise provided in this subsection, upon the
15expiration of a development permit under subsection (k) of
16Section 39, any associated local siting approval granted for
17the facility under this Section shall also expire.
18 If a first development permit for a municipal waste
19incineration facility expires under subsection (k) of Section
2039 after September 30, 1989 due to circumstances beyond the
21control of the applicant, any associated local siting approval
22granted for the facility under this Section may be used to
23fulfill the local siting approval requirement upon application
24for a second development permit for the same site, provided
25that the proposal in the new application is materially the
26same, with respect to the criteria in subsection (a) of this

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1Section, as the proposal that received the original siting
2approval, and application for the second development permit is
3made before January 1, 1990.
4 (g) The siting approval procedures, criteria and appeal
5procedures provided for in this Act for new pollution control
6facilities shall be the exclusive siting procedures and rules
7and appeal procedures for facilities subject to such
8procedures. Local zoning or other local land use requirements
9shall not be applicable to such siting decisions.
10 (h) Nothing in this Section shall apply to any existing or
11new pollution control facility located within the corporate
12limits of a municipality with a population of over 1,000,000.
13 (i) (Blank.)
14 The Board shall adopt regulations establishing the
15geologic and hydrologic siting criteria necessary to protect
16usable groundwater resources which are to be followed by the
17Agency in its review of permit applications for new pollution
18control facilities. Such regulations, insofar as they apply to
19new pollution control facilities authorized to store, treat or
20dispose of any hazardous waste, shall be at least as stringent
21as the requirements of the Resource Conservation and Recovery
22Act and any State or federal regulations adopted pursuant
23thereto.
24 (j) Any new pollution control facility which has never
25obtained local siting approval under the provisions of this
26Section shall be required to obtain such approval after a

HB2520 Engrossed- 59 -LRB103 25620 CPF 51969 b
1final decision on an appeal of a permit denial.
2 (k) A county board or governing body of a municipality may
3charge applicants for siting review under this Section a
4reasonable fee to cover the reasonable and necessary costs
5incurred by such county or municipality in the siting review
6process.
7 (l) The governing Authority as determined by subsection
8(c) of Section 39 of this Act may request the Department of
9Transportation to perform traffic impact studies of proposed
10or potential locations for required pollution control
11facilities.
12 (m) An applicant may not file a request for local siting
13approval which is substantially the same as a request which
14was disapproved pursuant to a finding against the applicant
15under any of criteria (i) through (ix) of subsection (a) of
16this Section within the preceding 2 years.
17 (n) In any review proceeding of a decision of the county
18board or governing body of a municipality made pursuant to the
19local siting review process, the petitioner in the review
20proceeding shall pay to the county or municipality the cost of
21preparing and certifying the record of proceedings. Should the
22petitioner in the review proceeding fail to make payment, the
23provisions of Section 3-109 of the Code of Civil Procedure
24shall apply.
25 In the event the petitioner is a citizens' group that
26participated in the siting proceeding and is so located as to

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1be affected by the proposed facility, such petitioner shall be
2exempt from paying the costs of preparing and certifying the
3record.
4 (o) Notwithstanding any other provision of this Section, a
5transfer station used exclusively for landscape waste, where
6landscape waste is held no longer than 24 hours from the time
7it was received, is not subject to the requirements of local
8siting approval under this Section, but is subject only to
9local zoning approval.
10 (p) The siting approval procedures, criteria, and appeal
11procedures provided for in this Act for new air pollution
12sources shall be in addition to the applicable local land use
13and zoning standards, procedures, rules, and appeal
14procedures, including separate environmental justice and
15cumulative environmental impact reviews and requirements as
16may be adopted locally. Local zoning or other local land use
17requirements shall continue to be applicable to siting
18decisions for new air pollution sources in addition to the
19siting approval procedures, criteria, and appeal procedures
20provided in this Act.
21(Source: P.A. 100-382, eff. 8-25-17.)
22 (415 ILCS 5/39.5) (from Ch. 111 1/2, par. 1039.5)
23 Sec. 39.5. Clean Air Act Permit Program.
24 1. Definitions. For purposes of this Section:
25 "Administrative permit amendment" means a permit revision

HB2520 Engrossed- 61 -LRB103 25620 CPF 51969 b
1subject to subsection 13 of this Section.
2 "Affected source for acid deposition" means a source that
3includes one or more affected units under Title IV of the Clean
4Air Act.
5 "Affected States" for purposes of formal distribution of a
6draft CAAPP permit to other States for comments prior to
7issuance, means all States:
8 (1) Whose air quality may be affected by the source
9 covered by the draft permit and that are contiguous to
10 Illinois; or
11 (2) That are within 50 miles of the source.
12 "Affected unit for acid deposition" shall have the meaning
13given to the term "affected unit" in the regulations
14promulgated under Title IV of the Clean Air Act.
15 "Applicable Clean Air Act requirement" means all of the
16following as they apply to emissions units in a source
17(including regulations that have been promulgated or approved
18by USEPA pursuant to the Clean Air Act which directly impose
19requirements upon a source and other such federal requirements
20which have been adopted by the Board. These may include
21requirements and regulations which have future effective
22compliance dates. Requirements and regulations will be exempt
23if USEPA determines that such requirements need not be
24contained in a Title V permit):
25 (1) Any standard or other requirement provided for in
26 the applicable state implementation plan approved or

HB2520 Engrossed- 62 -LRB103 25620 CPF 51969 b
1 promulgated by USEPA under Title I of the Clean Air Act
2 that implements the relevant requirements of the Clean Air
3 Act, including any revisions to the state Implementation
4 Plan promulgated in 40 CFR Part 52, Subparts A and O and
5 other subparts applicable to Illinois. For purposes of
6 this paragraph (1) of this definition, "any standard or
7 other requirement" means only such standards or
8 requirements directly enforceable against an individual
9 source under the Clean Air Act.
10 (2)(i) Any term or condition of any preconstruction
11 permits issued pursuant to regulations approved or
12 promulgated by USEPA under Title I of the Clean Air
13 Act, including Part C or D of the Clean Air Act.
14 (ii) Any term or condition as required pursuant to
15 Section 39.5 of any federally enforceable State
16 operating permit issued pursuant to regulations
17 approved or promulgated by USEPA under Title I of the
18 Clean Air Act, including Part C or D of the Clean Air
19 Act.
20 (3) Any standard or other requirement under Section
21 111 of the Clean Air Act, including Section 111(d).
22 (4) Any standard or other requirement under Section
23 112 of the Clean Air Act, including any requirement
24 concerning accident prevention under Section 112(r)(7) of
25 the Clean Air Act.
26 (5) Any standard or other requirement of the acid rain

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

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

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

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

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1in Title IV of the Clean Air Act or the regulations promulgated
2thereunder.
3 "Preconstruction Permit" or "Construction Permit" means a
4permit which is to be obtained prior to commencing or
5beginning actual construction or modification of a source or
6emissions unit.
7 "Proposed CAAPP permit" means the version of a CAAPP
8permit that the Agency proposes to issue and forwards to USEPA
9for review in compliance with applicable requirements of the
10Act and regulations promulgated thereunder.
11 "Regulated air pollutant" means the following:
12 (1) Nitrogen oxides (NOx) or any volatile organic
13 compound.
14 (2) Any pollutant for which a national ambient air
15 quality standard has been promulgated.
16 (3) Any pollutant that is subject to any standard
17 promulgated under Section 111 of the Clean Air Act.
18 (4) Any Class I or II substance subject to a standard
19 promulgated under or established by Title VI of the Clean
20 Air Act.
21 (5) Any pollutant subject to a standard promulgated
22 under Section 112 or other requirements established under
23 Section 112 of the Clean Air Act, including Sections
24 112(g), (j) and (r).
25 (i) Any pollutant subject to requirements under
26 Section 112(j) of the Clean Air Act. Any pollutant

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1 listed under Section 112(b) for which the subject
2 source would be major shall be considered to be
3 regulated 18 months after the date on which USEPA was
4 required to promulgate an applicable standard pursuant
5 to Section 112(e) of the Clean Air Act, if USEPA fails
6 to promulgate such standard.
7 (ii) Any pollutant for which the requirements of
8 Section 112(g)(2) of the Clean Air Act have been met,
9 but only with respect to the individual source subject
10 to Section 112(g)(2) requirement.
11 (6) Greenhouse gases.
12 "Renewal" means the process by which a permit is reissued
13at the end of its term.
14 "Responsible official" means one of the following:
15 (1) For a corporation: a president, secretary,
16 treasurer, or vice-president of the corporation in charge
17 of a principal business function, or any other person who
18 performs similar policy or decision-making functions for
19 the corporation, or a duly authorized representative of
20 such person if the representative is responsible for the
21 overall operation of one or more manufacturing,
22 production, or operating facilities applying for or
23 subject to a permit and either (i) the facilities employ
24 more than 250 persons or have gross annual sales or
25 expenditures exceeding $25 million (in second quarter 1980
26 dollars), or (ii) the delegation of authority to such

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

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1 (ii) The designated representative may also be the
2 "responsible official" for any other purposes with
3 respect to air pollution control.
4 "Section 502(b)(10) changes" means changes that contravene
5express permit terms. "Section 502(b)(10) changes" do not
6include changes that would violate applicable requirements or
7contravene federally enforceable permit terms or conditions
8that are monitoring (including test methods), recordkeeping,
9reporting, or compliance certification requirements.
10 "Solid waste incineration unit" means a distinct operating
11unit of any facility which combusts any solid waste material
12from commercial or industrial establishments or the general
13public (including single and multiple residences, hotels, and
14motels). The term does not include incinerators or other units
15required to have a permit under Section 3005 of the Solid Waste
16Disposal Act. The term also does not include (A) materials
17recovery facilities (including primary or secondary smelters)
18which combust waste for the primary purpose of recovering
19metals, (B) qualifying small power production facilities, as
20defined in Section 3(17)(C) of the Federal Power Act (16
21U.S.C. 769(17)(C)), or qualifying cogeneration facilities, as
22defined in Section 3(18)(B) of the Federal Power Act (16
23U.S.C. 796(18)(B)), which burn homogeneous waste (such as
24units which burn tires or used oil, but not including
25refuse-derived fuel) for the production of electric energy or
26in the case of qualifying cogeneration facilities which burn

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

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1sources constitute a support facility shall be made on a case
2by case basis.
3 "Stationary source" means any building, structure,
4facility, or installation that emits or may emit any regulated
5air pollutant or any pollutant listed under Section 112(b) of
6the Clean Air Act, except those emissions resulting directly
7from an internal combustion engine for transportation purposes
8or from a nonroad engine or nonroad vehicle as defined in
9Section 216 of the Clean Air Act.
10 "Subject to regulation" has the meaning given to it in 40
11CFR 70.2, as now or hereafter amended.
12 "Support facility" means any stationary source (or group
13of stationary sources) that conveys, stores, or otherwise
14assists to a significant extent in the production of a
15principal product at another stationary source (or group of
16stationary sources). A support facility shall be considered to
17be part of the same source as the stationary source (or group
18of stationary sources) that it supports regardless of the
192-digit Standard Industrial Classification code for the
20support facility.
21 "USEPA" means the Administrator of the United States
22Environmental Protection Agency (USEPA) or a person designated
23by the Administrator.
24 1.1. Exclusion From the CAAPP.
25 a. An owner or operator of a source which determines

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

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

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

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

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

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

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

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

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

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

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

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

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1 g. The CAAPP permit shall upon becoming effective
2 supersede the State operating permit.
3 h. 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 5. Applications and Completeness.
8 a. An owner or operator of a CAAPP source shall submit
9 its complete CAAPP application consistent with the Act and
10 applicable regulations.
11 b. An owner or operator of a CAAPP source shall submit
12 a single complete CAAPP application covering all emission
13 units at that source.
14 c. To be deemed complete, a CAAPP application must
15 provide all information, as requested in Agency
16 application forms, sufficient to evaluate the subject
17 source and its application and to determine all applicable
18 requirements, pursuant to the Clean Air Act, and
19 regulations thereunder, this Act and regulations
20 thereunder. Such Agency application forms shall be
21 finalized and made available prior to the date on which
22 any CAAPP application is required.
23 d. An owner or operator of a CAAPP source shall
24 submit, as part of its complete CAAPP application, a
25 compliance plan, including a schedule of compliance,

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

HB2520 Engrossed- 87 -LRB103 25620 CPF 51969 b
1 this Section until the Agency takes final action on the
2 submitted CAAPP application, provided, however, where the
3 applicant fails to submit the requested information under
4 paragraph (g) of this subsection 5 within the time frame
5 specified by the Agency, this protection shall cease to
6 apply.
7 i. Any applicant who fails to submit any relevant
8 facts necessary to evaluate the subject source and its
9 CAAPP application or who has submitted incorrect
10 information in a CAAPP application shall, upon becoming
11 aware of such failure or incorrect submittal, submit
12 supplementary facts or correct information to the Agency.
13 In addition, an applicant shall provide to the Agency
14 additional information as necessary to address any
15 requirements which become applicable to the source
16 subsequent to the date the applicant submitted its
17 complete CAAPP application but prior to release of the
18 draft CAAPP permit.
19 j. The Agency shall issue or deny the CAAPP permit
20 within 18 months after the date of receipt of the complete
21 CAAPP application, with the following exceptions: (i)
22 permits for affected sources for acid deposition shall be
23 issued or denied within 6 months after receipt of a
24 complete application in accordance with subsection 17 of
25 this Section; (ii) the Agency shall act on initial CAAPP
26 applications within 24 months after the date of receipt of

HB2520 Engrossed- 88 -LRB103 25620 CPF 51969 b
1 the complete CAAPP application; (iii) the Agency shall act
2 on complete applications containing early reduction
3 demonstrations under Section 112(i)(5) of the Clean Air
4 Act within 9 months of receipt of the complete CAAPP
5 application.
6 Where the Agency does not take final action on the
7 permit within the required time period, the permit shall
8 not be deemed issued; rather, the failure to act shall be
9 treated as a final permit action for purposes of judicial
10 review pursuant to Sections 40.2 and 41 of this Act.
11 k. The submittal of a complete CAAPP application shall
12 not affect the requirement that any source have a
13 preconstruction permit under Title I of the Clean Air Act.
14 l. Unless a timely and complete renewal application
15 has been submitted consistent with this subsection, a
16 CAAPP source operating upon the expiration of its CAAPP
17 permit shall be deemed to be operating without a CAAPP
18 permit. Such operation is prohibited under this Act.
19 m. Permits being renewed shall be subject to the same
20 procedural requirements, including those for public
21 participation and federal review and objection, that apply
22 to original permit issuance.
23 n. For purposes of permit renewal, a timely
24 application is one that is submitted no less than 9 months
25 prior to the date of permit expiration.
26 o. The terms and conditions of a CAAPP permit shall

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

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

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

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

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

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

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

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

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

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1 iv. Nothing in this paragraph or in a CAAPP permit
2 shall alter or affect the following:
3 A. The provisions of Section 303 (emergency
4 powers) of the Clean Air Act, including USEPA's
5 authority under that section.
6 B. The liability of an owner or operator of a
7 source for any violation of applicable
8 requirements prior to or at the time of permit
9 issuance.
10 C. The applicable requirements of the acid
11 rain program consistent with Section 408(a) of the
12 Clean Air Act.
13 D. The ability of USEPA to obtain information
14 from a source pursuant to Section 114
15 (inspections, monitoring, and entry) of the Clean
16 Air Act.
17 k. Each CAAPP permit shall include an emergency
18 provision providing an affirmative defense of emergency to
19 an action brought for noncompliance with technology-based
20 emission limitations under a CAAPP permit if the following
21 conditions are met through properly signed,
22 contemporaneous operating logs, or other relevant
23 evidence:
24 i. An emergency occurred and the permittee can
25 identify the cause(s) of the emergency.
26 ii. The permitted facility was at the time being

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

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1 requirement. This provision does not relieve a permittee
2 of any reporting obligations under existing federal or
3 state laws or regulations.
4 l. The Agency shall include in each permit issued
5 under subsection 10 of this Section:
6 i. Terms and conditions for reasonably anticipated
7 operating scenarios identified by the source in its
8 application. The permit terms and conditions for each
9 such operating scenario shall meet all applicable
10 requirements and the requirements of this Section.
11 A. Under this subparagraph, the source must
12 record in a log at the permitted facility a record
13 of the scenario under which it is operating
14 contemporaneously with making a change from one
15 operating scenario to another.
16 B. The permit shield described in paragraph
17 (j) of subsection 7 of this Section shall extend
18 to all terms and conditions under each such
19 operating scenario.
20 ii. Where requested by an applicant, all terms and
21 conditions allowing for trading of emissions increases
22 and decreases between different emission units at the
23 CAAPP source, to the extent that the applicable
24 requirements provide for trading of such emissions
25 increases and decreases without a case-by-case
26 approval of each emissions trade. Such terms and

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1 conditions:
2 A. Shall include all terms required under this
3 subsection to determine compliance;
4 B. Must meet all applicable requirements;
5 C. Shall extend the permit shield described in
6 paragraph (j) of subsection 7 of this Section to
7 all terms and conditions that allow such increases
8 and decreases in emissions.
9 m. The Agency shall specifically designate as not
10 being federally enforceable under the Clean Air Act any
11 terms and conditions included in the permit that are not
12 specifically required under the Clean Air Act or federal
13 regulations promulgated thereunder. Terms or conditions so
14 designated shall be subject to all applicable State
15 requirements, except the requirements of subsection 7
16 (other than this paragraph, paragraph q of subsection 7,
17 subsections 8 through 11, and subsections 13 through 16 of
18 this Section. The Agency shall, however, include such
19 terms and conditions in the CAAPP permit issued to the
20 source.
21 n. Each CAAPP permit issued under subsection 10 of
22 this Section shall specify and reference the origin of and
23 authority for each term or condition, and identify any
24 difference in form as compared to the applicable
25 requirement upon which the term or condition is based.
26 o. Each CAAPP permit issued under subsection 10 of

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1 this Section shall include provisions stating the
2 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
14 to 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
23 of planned changes or anticipated noncompliance does
24 not stay any permit condition.
25 iv. Property rights. The permit does not convey
26 any property rights of any sort, or any exclusive

HB2520 Engrossed- 103 -LRB103 25620 CPF 51969 b
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
5 Agency may request in writing to determine whether
6 cause 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
16 approved pursuant to subsection 18 of this Section,
17 and submit 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
26 this Section shall contain the following elements with

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1 respect 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 (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

HB2520 Engrossed- 106 -LRB103 25620 CPF 51969 b
1 met, and any preventive or corrective measures
2 adopted.
3 v. Requirements for compliance certification with
4 terms and conditions contained in the permit,
5 including emission limitations, standards, or work
6 practices. Permits shall include each of the
7 following:
8 A. The frequency (annually or more frequently
9 as specified in any applicable requirement or by
10 the Agency pursuant to written procedures) of
11 submissions of compliance certifications.
12 B. A means for assessing or monitoring the
13 compliance of the source with its emissions
14 limitations, standards, and work practices.
15 C. A requirement that the compliance
16 certification include the following:
17 1. The identification of each term or
18 condition contained in the permit that is the
19 basis of the certification.
20 2. The compliance status.
21 3. Whether compliance was continuous or
22 intermittent.
23 4. The method(s) used for determining the
24 compliance status of the source, both
25 currently and over the reporting period
26 consistent with subsection 7 of this Section.

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

HB2520 Engrossed- 108 -LRB103 25620 CPF 51969 b
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
11 submittal for minor permit modification procedures allowed
12 under subsection 14 of this Section), shall notify USEPA
13 and any affected State in writing of any refusal of the
14 Agency to accept all of the recommendations for the
15 proposed permit that an affected State submitted during
16 the public or affected State review period. The notice
17 shall include the Agency's reasons for not accepting the
18 recommendations. The Agency is not required to accept
19 recommendations that are not based on applicable
20 requirements or the 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 7.1 and

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1 subsection (a) of Section 7 of this Act, the owner or
2 operator shall submit such information separately. The
3 requirements of Section 7.1 and subsection (a) of Section
4 7 of this Act shall apply to such information, which shall
5 not be included in a CAAPP permit unless required by law.
6 The contents of a CAAPP permit shall not be entitled to
7 protection under Section 7.1 and subsection (a) of Section
8 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
15 draft CAAPP permit prior to any public review period. If
16 requested by the permit applicant, the Agency shall
17 provide the permit applicant with a copy of the final
18 CAAPP permit 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
23 in paragraph (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
2 decision and its reasons for not accepting the
3 recommendations, except as otherwise provided in this Act
4 or by agreement with USEPA. To the extent practicable, the
5 preceding information shall be provided in computer
6 readable format compatible with USEPA's national database
7 management system.
8 b. The Agency shall not issue the proposed CAAPP
9 permit if USEPA objects in writing within 45 days after
10 receipt of the proposed CAAPP permit and all necessary
11 supporting 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
17 after the date of the objection. Prior to submitting a
18 revised permit to USEPA, the Agency shall provide the
19 applicant and any person who participated in the public
20 comment process, pursuant to subsection 8 of this Section,
21 with a 10-day period to comment on any revision which the
22 Agency is proposing to make to the permit in response to
23 USEPA's 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
26 of reasons for the objection and a description of the

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1 terms and conditions that must be in the permit, in order
2 to adequately respond to the objections. Grounds for a
3 USEPA objection include the failure of the Agency to: (1)
4 submit the items and notices required under this
5 subsection; (2) submit any other information necessary to
6 adequately review the proposed CAAPP permit; or (3)
7 process the permit under subsection 8 of this Section
8 except for minor permit modifications.
9 e. If USEPA does not object in writing to issuance of a
10 permit under this subsection, any person may petition
11 USEPA within 60 days after expiration of the 45-day review
12 period 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
16 been resolved. The Agency shall provide a 10-day comment
17 period in accordance with paragraph c of this subsection.
18 A 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
21 USEPA 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,

HB2520 Engrossed- 112 -LRB103 25620 CPF 51969 b
1 revise 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
13 and 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) of this
24 subsection or if USEPA objects to its issuance. Further,
25 for any of the following construction permits, the Agency
26 shall conduct an evaluation of the prospective owner's or

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1 operator's prior experience in owning and operating
2 sources of air pollution: (i) a construction permit for a
3 new source that is to be located in an environmental
4 justice community, that will require a CAAPP permit or a
5 federally enforceable State operating permit, and that
6 would be authorized under that permit to increase annual
7 permitted emissions; (ii) a construction permit for any
8 existing source that is located in an environmental
9 justice community that, on the effective date of this
10 amendatory Act of the 103rd General Assembly, possesses a
11 CAAPP permit or federally enforceable State operating
12 permit and that would be authorized under that permit to
13 increase annual permitted emissions; or (iii) a
14 construction permit for any existing source that is
15 located in an environmental justice community that would
16 require a new CAAPP permit or new federally enforceable
17 State operating permit for the first time and that would
18 be authorized under that permit to increase annual
19 permitted emissions. The Agency has the authority to deny
20 such a permit transaction if the prospective owner or
21 operator or any employee or officer of the prospective
22 owner or operator or board member or manager has a history
23 of:
24 i. repeated violations of federal, State, or local
25 laws, rules, regulations, standards, or ordinances in
26 the ownership or operation of sources of air

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1 pollution;
2 ii. conviction in this State, another state, or
3 federal court of knowingly submitting false
4 information under any law, rule, regulation, or permit
5 term or condition regarding the environment; or
6 iii. proof of gross carelessness or incompetence
7 in the ownership or operation of a source of air
8 pollution.
9 c. i. Prior to denial of a CAAPP permit, permit
10 modification, or permit renewal under this Section,
11 the Agency shall notify the applicant of the possible
12 denial and the reasons for the denial.
13 ii. Within such notice, the Agency shall specify
14 an appropriate date by which the applicant shall
15 adequately respond to the Agency's notice. Such date
16 shall not exceed 15 days from the date the
17 notification is received by the applicant. The Agency
18 may grant a reasonable extension for good cause shown.
19 iii. Failure by the applicant to adequately
20 respond by the date specified in the notification or
21 by any granted extension date shall be grounds for
22 denial of the permit.
23 For purposes of obtaining judicial review under
24 Sections 40.2 and 41 of this Act, the Agency shall
25 provide to USEPA and each applicant, and, upon
26 request, to affected States, any person who

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1 participated in the public comment process, and any
2 other person who could obtain judicial review under
3 Sections 40.2 and 41 of this Act, a copy of each CAAPP
4 permit or notification of denial pertaining to that
5 party.
6 d. The Agency shall have the authority to adopt
7 procedural rules, in accordance with the Illinois
8 Administrative Procedure Act, as the Agency deems
9 necessary, to implement this subsection.
10 11. General Permits.
11 a. The Agency may issue a general permit covering
12 numerous similar sources, except for affected sources for
13 acid deposition unless otherwise provided in regulations
14 promulgated under Title IV of the Clean Air Act.
15 b. The Agency shall identify, in any general permit,
16 criteria by which sources may qualify for the general
17 permit.
18 c. CAAPP sources that would qualify for a general
19 permit must apply for coverage under the terms of the
20 general permit or must apply for a CAAPP permit consistent
21 with subsection 5 of this Section and applicable
22 regulations.
23 d. The Agency shall comply with the public comment and
24 hearing provisions of this Section as well as the USEPA
25 and affected State review procedures prior to issuance of

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1 a general permit.
2 e. When granting a subsequent request by a qualifying
3 CAAPP source for coverage under the terms of a general
4 permit, the Agency shall not be required to repeat the
5 public notice and comment procedures. The granting of such
6 request shall not be considered a final permit action for
7 purposes of judicial review.
8 f. The Agency may not issue a general permit to cover
9 any discrete emission unit at a CAAPP source if another
10 CAAPP permit covers emission units at the source.
11 g. The Agency shall have the authority to adopt
12 procedural rules, in accordance with the Illinois
13 Administrative Procedure Act, as the Agency deems
14 necessary, to implement this subsection.
15 12. Operational Flexibility.
16 a. An owner or operator of a CAAPP source may make
17 changes at the CAAPP source without requiring a prior
18 permit revision, consistent with subparagraphs (i) through
19 (iii) of paragraph (a) of this subsection, so long as the
20 changes are not modifications under any provision of Title
21 I of the Clean Air Act and they do not exceed the emissions
22 allowable under the permit (whether expressed therein as a
23 rate of emissions or in terms of total emissions),
24 provided that the owner or operator of the CAAPP source
25 provides USEPA and the Agency with written notification as

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

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

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1 be determined according to the requirements of the
2 applicable implementation plan authorizing the
3 emissions trade.
4 iii. If requested within a CAAPP application, the
5 Agency shall issue a CAAPP permit which contains terms
6 and conditions, including all terms required under
7 subsection 7 of this Section to determine compliance,
8 allowing for the trading of emissions increases and
9 decreases at the CAAPP source solely for the purpose
10 of complying with a federally-enforceable emissions
11 cap that is established in the permit independent of
12 otherwise applicable requirements. The owner or
13 operator of a CAAPP source shall include in its CAAPP
14 application proposed replicable procedures and permit
15 terms that ensure the emissions trades are
16 quantifiable and enforceable. The permit shall also
17 require compliance with all applicable requirements.
18 A. Under this subparagraph (iii) of paragraph
19 (a), the written notification required above shall
20 state when the change will occur and shall
21 describe the changes in emissions that will result
22 and how these increases and decreases in emissions
23 will comply with the terms and conditions of the
24 permit.
25 B. The permit shield described in paragraph
26 (j) of subsection 7 of this Section shall extend

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

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1 Clean Air Act requirement, but not otherwise regulated
2 under the permit, and the emissions resulting from
3 those changes.
4 c. The Agency shall have the authority to adopt
5 procedural rules, in accordance with the Illinois
6 Administrative Procedure Act, as the Agency deems
7 necessary to implement this subsection.
8 13. Administrative Permit Amendments.
9 a. The Agency shall take final action on a request for
10 an administrative permit amendment within 60 days after
11 receipt of the request. Neither notice nor an opportunity
12 for public and affected State comment shall be required
13 for the Agency to incorporate such revisions, provided it
14 designates the permit revisions as having been made
15 pursuant to this subsection.
16 b. The Agency shall submit a copy of the revised
17 permit to USEPA.
18 c. For purposes of this Section the term
19 "administrative permit amendment" shall be defined as a
20 permit revision that can accomplish one or more of the
21 changes described below:
22 i. Corrects typographical errors;
23 ii. Identifies a change in the name, address, or
24 phone number of any person identified in the permit,
25 or provides a similar minor administrative change at

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

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

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

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1 (a) and subparagraph (ii) of paragraph (b) of this
2 subsection, minor permit modification procedures may
3 be used for permit modifications involving the use of
4 economic incentives, marketable permits, emissions
5 trading, and other similar approaches, to the extent
6 that such minor permit modification procedures are
7 explicitly provided for in an applicable
8 implementation plan or in applicable requirements
9 promulgated by USEPA.
10 iii. An applicant requesting the use of minor
11 permit modification procedures shall meet the
12 requirements of subsection 5 of this Section and shall
13 include the following in its application:
14 A. A description of the change, the emissions
15 resulting from the change, and any new applicable
16 requirements that will apply if the change occurs;
17 B. The source's suggested draft permit;
18 C. Certification by a responsible official,
19 consistent with paragraph (e) of subsection 5 of
20 this Section and applicable regulations, that the
21 proposed modification meets the criteria for use
22 of minor permit modification procedures and a
23 request that such procedures be used; and
24 D. Completed forms for the Agency to use to
25 notify USEPA and affected States as required under
26 subsections 8 and 9 of this Section.

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

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

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

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

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1 (b) of this subsection.
2 E. Certification, consistent with paragraph
3 (e) of subsection 5 of this Section, that the
4 source has notified USEPA of the proposed
5 modification. Such notification need only contain
6 a brief description of the requested modification.
7 F. Completed forms for the Agency to use to
8 notify USEPA and affected states as required under
9 subsections 8 and 9 of this Section.
10 iv. On a quarterly basis or within 5 business days
11 after receipt of an application demonstrating that the
12 aggregate of a source's pending applications equals or
13 exceeds the threshold level set forth within item (B)
14 of subparagraph (ii) of paragraph (b) of this
15 subsection, whichever is earlier, the Agency shall
16 promptly notify USEPA and affected States of the
17 requested permit modifications in accordance with
18 subsections 8 and 9 of this Section. The Agency shall
19 send any notice required under paragraph (d) of
20 subsection 8 of this Section to USEPA.
21 v. The provisions of subparagraph (v) of paragraph
22 (a) of this subsection shall apply to modifications
23 eligible for group processing, except that the Agency
24 shall take one of the actions specified in items (A)
25 through (D) of subparagraph (v) of paragraph (a) of
26 this subsection within 180 days after receipt of the

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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1 Board to carry out their obligations under this Section.
2 The General Assembly may also authorize monies to be
3 granted by the Agency from this Fund to other State and
4 local agencies which perform duties related to the CAAPP.
5 Interest generated on the monies deposited in this Fund
6 shall be returned to the Fund.
7 e. The Agency shall have the authority to adopt
8 procedural rules, in accordance with the Illinois
9 Administrative Procedure Act, as the Agency deems
10 necessary to implement this subsection.
11 f. For purposes of this subsection, the term
12 "regulated air pollutant" shall have the meaning given to
13 it under subsection 1 of this Section but shall exclude
14 the following:
15 i. carbon monoxide;
16 ii. any Class I or II substance which is a
17 regulated air pollutant solely because it is listed
18 pursuant to Section 602 of the Clean Air Act; and
19 iii. any pollutant that is a regulated air
20 pollutant solely because it is subject to a standard
21 or regulation under Section 112(r) of the Clean Air
22 Act based on the emissions allowed in the permit
23 effective in that calendar year, at the time the
24 applicable bill is generated.
25 19. Air Toxics Provisions.

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

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

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

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1 created within this State pursuant to Section 507 of the
2 Clean Air Act and guidance promulgated thereunder, to
3 provide technical assistance and compliance information to
4 small business stationary sources;
5 "Small Business Assistance Program" is a component of
6 the Program responsible for providing sufficient
7 communications with small businesses through the
8 collection and dissemination of information to small
9 business stationary sources; and
10 "Small Business Stationary Source" means a stationary
11 source that:
12 1. is owned or operated by a person that employs
13 100 or fewer individuals;
14 2. is a small business concern as defined in the
15 "Small Business Act";
16 3. is not a major source as that term is defined in
17 subsection 2 of this Section;
18 4. does not emit 50 tons or more per year of any
19 regulated air pollutant, except greenhouse gases; and
20 5. emits less than 75 tons per year of all
21 regulated pollutants, except greenhouse gases.
22 b. The Agency shall adopt and submit to USEPA, after
23 reasonable notice and opportunity for public comment, as a
24 revision to the Illinois state implementation plan, plans
25 for establishing the Program.
26 c. The Agency shall have the authority to enter into

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1 such contracts and agreements as the Agency deems
2 necessary to carry out the purposes of this subsection.
3 d. The Agency may establish such procedures as it may
4 deem necessary for the purposes of implementing and
5 executing its responsibilities under this subsection.
6 e. There shall be appointed a Small Business Ombudsman
7 (hereinafter in this subsection referred to as
8 "Ombudsman") to monitor the Small Business Assistance
9 Program. The Ombudsman shall be a nonpartisan designated
10 official, with the ability to independently assess whether
11 the goals of the Program are being met.
12 f. The State Ombudsman Office shall be located in an
13 existing Ombudsman office within the State or in any State
14 Department.
15 g. There is hereby created a State Compliance Advisory
16 Panel (hereinafter in this subsection referred to as
17 "Panel") for determining the overall effectiveness of the
18 Small Business Assistance Program within this State.
19 h. The selection of Panel members shall be by the
20 following method:
21 1. The Governor shall select two members who are
22 not owners or representatives of owners of small
23 business stationary sources to represent the general
24 public;
25 2. The Director of the Agency shall select one
26 member to represent the Agency; and

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

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1 requirements that the owner or operator notify the Agency
2 at least 10 days in advance of each change in location.
3 22. Solid Waste Incineration Units.
4 a. A CAAPP permit for a solid waste incineration unit
5 combusting municipal waste subject to standards
6 promulgated under Section 129(e) of the Clean Air Act
7 shall be issued for a period of 12 years and shall be
8 reviewed every 5 years, unless the Agency requires more
9 frequent review through Agency procedures.
10 b. During the review in paragraph (a) of this
11 subsection, the Agency shall fully review the previously
12 submitted CAAPP permit application and corresponding
13 reports subsequently submitted to determine whether the
14 source is in compliance with all applicable requirements.
15 c. If the Agency determines that the source is not in
16 compliance with all applicable requirements it shall
17 revise the CAAPP permit as appropriate.
18 d. The Agency shall have the authority to adopt
19 procedural rules, in accordance with the Illinois
20 Administrative Procedure Act, as the Agency deems
21 necessary, to implement this subsection.
22(Source: P.A. 99-380, eff. 8-17-15; 99-933, eff. 1-27-17;
23100-103, eff. 8-11-17.)
24 (415 ILCS 5/39.15 new)

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1 Sec. 39.15. Environmental justice considerations in
2permitting.
3 (a) The following public participation requirements for
4permitting transactions in an environmental justice community
5must be complied with:
6 (1) If an application for a permit, permit renewal, or
7 permit modification is subject to public notice and
8 comment requirements under this Act, rules adopted by the
9 Board, or rules adopted by the Agency, and the application
10 is for a facility or source in an environmental justice
11 community, the Agency must comply with existing applicable
12 requirements for public notice.
13 (2) In addition to the public notice requirements
14 referenced in paragraph (1), the Agency shall provide the
15 public with notice of an application for a permit, permit
16 renewal, or permit modification if the facility or
17 proposed facility is located or is to be located in an
18 environmental justice community for the following types of
19 permitting transactions: (i) permits for pollution control
20 facilities subject to local siting review under Section
21 39.2; and (ii) individual minor or major NPDES permits
22 issued under subsection (b) of Section 39.
23 The public notice shall be provided: (i) by prominent
24 placement at a dedicated page on the Agency's website;
25 (ii) to local elected officials in the area where the
26 facility or proposed facility is located or is to be

HB2520 Engrossed- 157 -LRB103 25620 CPF 51969 b
1 located, including the mayor or president, clerk, county
2 board chairman, county clerk, and State's Attorney; and
3 (iii) to members of the General Assembly from the
4 legislative district in which the facility or proposed
5 facility is located or is to be located.
6 The public notice shall include: (i) the name and
7 address of the permit applicant and the facility or
8 proposed facility; and (ii) the activity or activities at
9 the facility or proposed facility being permitted.
10 (b) If the population of individuals who reside within one
11mile of the site or facility includes individuals within a
12linguistically isolated community, then the Agency must also
13provide:
14 (1) all public notices required by this Section in a
15 multilingual format appropriate to the needs of the
16 linguistically isolated community; and
17 (2) oral and written translation services at public
18 hearings.
19 (c) For permit applications for facilities in an
20environmental justice community, the Director of the Agency
21may grant extensions of any permitting deadlines established
22in this Act by up to an additional 180 days to allow for
23additional review of the permit application by the Agency or
24additional public participation. Any exercise of this
25authority shall be provided in writing to the permit applicant
26with the specific reason and new permitting deadline.

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1 (415 ILCS 5/40) (from Ch. 111 1/2, par. 1040)
2 Sec. 40. Appeal of permit denial.
3 (a)(1) If the Agency refuses to grant or grants with
4conditions a permit under Section 39 of this Act, the
5applicant may, within 35 days after the date on which the
6Agency served its decision on the applicant, petition for a
7hearing before the Board to contest the decision of the
8Agency. However, the 35-day period for petitioning for a
9hearing may be extended for an additional period of time not to
10exceed 90 days by written notice provided to the Board from the
11applicant and the Agency within the initial appeal period. The
12Board shall give 21 days' notice to any person in the county
13where is located the facility in issue who has requested
14notice of enforcement proceedings and to each member of the
15General Assembly in whose legislative district that
16installation or property is located; and shall publish that
1721-day notice in a newspaper of general circulation in that
18county. The Agency shall appear as respondent in such hearing.
19At such hearing the rules prescribed in Section 32 and
20subsection (a) of Section 33 of this Act shall apply, and the
21burden of proof shall be on the petitioner. If, however, the
22Agency issues an NPDES permit that imposes limits which are
23based upon a criterion or denies a permit based upon
24application of a criterion, then the Agency shall have the
25burden of going forward with the basis for the derivation of

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1those limits or criterion which were derived under the Board's
2rules.
3 (2) Except as provided in paragraph (a)(3), if there is no
4final action by the Board within 120 days after the date on
5which it received the petition, the petitioner may deem the
6permit issued under this Act, provided, however, that that
7period of 120 days shall not run for any period of time, not to
8exceed 30 days, during which the Board is without sufficient
9membership to constitute the quorum required by subsection (a)
10of Section 5 of this Act, and provided further that such 120
11day period shall not be stayed for lack of quorum beyond 30
12days regardless of whether the lack of quorum exists at the
13beginning of such 120-day period or occurs during the running
14of such 120-day period.
15 (3) Paragraph (a)(2) shall not apply to any permit which
16is subject to subsection (b), (d) or (e) of Section 39. If
17there is no final action by the Board within 120 days after the
18date on which it received the petition, the petitioner shall
19be entitled to an Appellate Court order pursuant to subsection
20(d) of Section 41 of this Act.
21 (b) If the Agency grants a RCRA permit for a hazardous
22waste disposal site, a third party, other than the permit
23applicant or Agency, may, within 35 days after the date on
24which the Agency issued its decision, petition the Board for a
25hearing to contest the issuance of the permit. Unless the
26Board determines that such petition is duplicative or

HB2520 Engrossed- 160 -LRB103 25620 CPF 51969 b
1frivolous, or that the petitioner is so located as to not be
2affected by the permitted facility, the Board shall hear the
3petition in accordance with the terms of subsection (a) of
4this Section and its procedural rules governing denial
5appeals, such hearing to be based exclusively on the record
6before the Agency. The burden of proof shall be on the
7petitioner. The Agency and the permit applicant shall be named
8co-respondents.
9 The provisions of this subsection do not apply to the
10granting of permits issued for the disposal or utilization of
11sludge from publicly owned sewage works.
12 (c) Any party to an Agency proceeding conducted pursuant
13to Section 39.3 of this Act may petition as of right to the
14Board for review of the Agency's decision within 35 days from
15the date of issuance of the Agency's decision, provided that
16such appeal is not duplicative or frivolous. However, the
1735-day period for petitioning for a hearing may be extended by
18the applicant for a period of time not to exceed 90 days by
19written notice provided to the Board from the applicant and
20the Agency within the initial appeal period. If another person
21with standing to appeal wishes to obtain an extension, there
22must be a written notice provided to the Board by that person,
23the Agency, and the applicant, within the initial appeal
24period. The decision of the Board shall be based exclusively
25on the record compiled in the Agency proceeding. In other
26respects the Board's review shall be conducted in accordance

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1with subsection (a) of this Section and the Board's procedural
2rules governing permit denial appeals.
3 (d) In reviewing the denial or any condition of a NA NSR
4permit issued by the Agency pursuant to rules and regulations
5adopted under subsection (c) of Section 9.1 of this Act, the
6decision of the Board shall be based exclusively on the record
7before the Agency including the record of the hearing, if any,
8unless the parties agree to supplement the record. The Board
9shall, if it finds the Agency is in error, make a final
10determination as to the substantive limitations of the permit
11including a final determination of Lowest Achievable Emission
12Rate.
13 (e)(1) If the Agency grants or denies a permit under
14subsection (b) of Section 39 of this Act, a third party, other
15than the permit applicant or Agency, may petition the Board
16within 35 days from the date of issuance of the Agency's
17decision, for a hearing to contest the decision of the Agency.
18 (2) A petitioner shall include the following within a
19petition submitted under subdivision (1) of this subsection:
20 (A) a demonstration that the petitioner raised the
21 issues contained within the petition during the public
22 notice period or during the public hearing on the NPDES
23 permit application, if a public hearing was held; and
24 (B) a demonstration that the petitioner is so situated
25 as to be affected by the permitted facility.
26 (3) If the Board determines that the petition is not

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1duplicative or frivolous and contains a satisfactory
2demonstration under subdivision (2) of this subsection, the
3Board shall hear the petition (i) in accordance with the terms
4of subsection (a) of this Section and its procedural rules
5governing permit denial appeals and (ii) exclusively on the
6basis of the record before the Agency. The burden of proof
7shall be on the petitioner. The Agency and permit applicant
8shall be named co-respondents.
9 (f) Any person who files a petition to contest the
10issuance of a permit by the Agency shall pay a filing fee.
11 (g) If the Agency grants or denies a permit under
12subsection (y) of Section 39, a third party, other than the
13permit applicant or Agency, may appeal the Agency's decision
14as provided under federal law for CCR surface impoundment
15permits.
16 (h) If the Agency grants a permit to construct, modify, or
17operate a facility that emits air pollutants and is classified
18as a minor source, a third party, other than the permit
19applicant or Agency, may, within 35 days after the date on
20which the Agency issued its decision, petition the Board for a
21hearing to contest the issuance of the permit. Unless the
22Board determines that the petition is duplicative or frivolous
23or that the petitioner is so located as to not be affected by
24the permitted facility, the Board shall hear the petition in
25accordance with the terms of subsection (a) of this Section
26and its procedural rules governing denial appeals. The hearing

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1shall be based exclusively on the record before the Agency.
2The burden of proof shall be on the petitioner. The Agency and
3the permit applicant shall be named co-respondents.
4(Source: P.A. 101-171, eff. 7-30-19; 102-558, eff. 8-20-21.)
5 (415 ILCS 5/40.4 new)
6 Sec. 40.4. Environmental justice grievance.
7 (a) An environmental justice grievance process, subject to
8the provisions of this Section, applies to complaints alleging
9violations of Section 601 of the federal Civil Rights Act of
101964.
11 (b) An environmental justice grievance must allege
12discrimination on the basis of an individual's actual or
13perceived race, color, religion, national origin, citizenship,
14ancestry, age, sex, marital status, order of protection
15status, conviction record, arrest record, disability, military
16status, sexual orientation, gender identity, gender
17expression, pregnancy, or unfavorable discharge from military
18service.
19 (c) To initiate the environmental justice grievance
20process a person must file a complaint with the Agency within
2160 days after an alleged violation. The Agency, in its
22discretion, may waive the 60-day deadline for good cause. The
23complaint must:
24 (1) be in writing;
25 (2) describe with specificity the discrimination

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1 alleged; and
2 (3) identify the parties impacted by the alleged
3 discrimination.
4 (d) The complaint under subsection (c) must be addressed
5as follows:
6 Illinois Environmental Protection Agency
7 Environmental Justice Officer
8 1021 North Grand Avenue East
9 P.O. Box 19276
10 Springfield, IL 62794
11 (e) Within 10 days after receiving the complaint filed
12under subsection (c), the Agency shall provide written notice
13of receipt and acceptance of the complaint. If the Agency
14determines that it has jurisdiction to review the complaint,
15the complaint will be considered meritorious, unless:
16 (1) the complaint clearly appears on its face to be
17 frivolous or trivial;
18 (2) the complaint is not timely and good cause does
19 not exist to waive timeliness;
20 (3) the Agency, within the time allotted to
21 investigate the complaint, voluntarily concedes
22 noncompliance and agrees to take appropriate remedial
23 action or agrees to an informal resolution of the
24 complaint; or
25 (4) the complainant, within the time allotted for the
26 complaint to be investigated, withdraws the complaint.

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1 (f) Within 120 days after the date it provides written
2notice of receipt and acceptance of the complaint under
3subsection (e), the Agency shall make a determination of
4jurisdiction and the merits of the complaint, conduct an
5investigation, and provide a proposed resolution, if
6appropriate, to the extent practicable and allowable under
7existing laws and regulations.
8 (g) The Agency may propose, and the Board may adopt, rules
9for the implementation and administration of this Section.

HB2520 Engrossed- 166 -LRB103 25620 CPF 51969 b
1 INDEX
2 Statutes amended in order of appearance