Bill Amendment: IL HB1438 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: SAFETY-TECH

Status: 2019-01-08 - Session Sine Die [HB1438 Detail]

Download: Illinois-2017-HB1438-House_Amendment_001.html

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Rep. Juliana Stratton

Filed: 5/30/2017

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AMENDMENT TO HOUSE BILL 1438
AMENDMENT NO. ______. Amend House Bill 1438 by replacing
everything after the enacting clause with the following:
"Section 5. The Environmental Protection Act is amended by
changing Sections 9.15 and 39.5 and by adding Sections 34.1 and
34.9 and Title XVIII as follows:
(415 ILCS 5/9.15)
Sec. 9.15. Greenhouse gases.
(a) An air pollution construction permit shall not be
required due to emissions of greenhouse gases if the equipment,
site, or source is not subject to regulation, as defined by 40
CFR 52.21, as now or hereafter amended, for greenhouse gases.
This exemption does not relieve an owner or operator from the
obligation to comply with other applicable rules or
regulations.
(b) An air pollution operating permit shall not be required

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due to emissions of greenhouse gases if the equipment, site, or
source is not subject to regulation, as defined by Section 39.5
of this Act, for greenhouse gases. This exemption does not
relieve an owner or operator from the obligation to comply with
other applicable rules or regulations.
(c) (Blank). Notwithstanding any provision to the contrary
in this Section, an air pollution construction or operating
permit shall not be required due to emissions of greenhouse
gases if any of the following events occur:
(1) enactment of federal legislation depriving the
Administrator of the USEPA of authority to regulate
greenhouse gases under the Clean Air Act;
(2) the issuance of any opinion, ruling, judgment,
order, or decree by a federal court depriving the
Administrator of the USEPA of authority to regulate
greenhouse gases under the Clean Air Act; or
(3) action by the President of the United States or the
President's authorized agent, including the Administrator
of the USEPA, to repeal or withdraw the Greenhouse Gas
Tailoring Rule (75 Fed. Reg. 31514, June 3, 2010).
This subsection (c) does not relieve an owner or operator
from the obligation to comply with applicable rules or
regulations other than those relating to greenhouse gases.
(d) If any event listed in subsection (c) of this Section
occurs, permits issued after such event shall not impose permit
terms or conditions addressing greenhouse gases during the

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effectiveness of any event listed in subsection (c).
(e) If an event listed in subsection (c) of this Section
occurs, any owner or operator with a permit that includes terms
or conditions addressing greenhouse gases may elect to submit
an application to the Agency to address a revision or repeal of
such terms or conditions. The Agency shall expeditiously
process such permit application in accordance with applicable
laws and regulations.
(Source: P.A. 97-95, eff. 7-12-11.)
(415 ILCS 5/34.1 new)
Sec. 34.1. Public Interest Enforcement.
(a) In addition to the enforcement provisions under Section
31 of this Act and any cases afforded by other statutes, the
common law, or the Illinois Constitution, an action may be
brought in the circuit court by a person in the public interest
to enforce the standards or requirements adopted under
paragraph (2) of subsection (b) of Section 60 of this Act or to
impose civil penalties for a violation of those standards or
requirements, if both of the following are satisfied:
(1) The private action is commenced more than 60 days
from the date that the person gave notice of an alleged
violation that is the subject of the private action to the
Attorney General and the State's Attorney in whose
jurisdiction the violation is alleged to have occurred, and
to the alleged violator.

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(2) Neither the Attorney General nor State's Attorney
commenced and is diligently prosecuting an action against
the violation.
A person bringing an action in the public interest under
this subsection and a person filing an action in which a
violation of paragraph (2) of subsection (b) of Section 60 is
alleged shall notify the Attorney General that the action has
been filed.
(b) Subsection (a) is operative only if either of the
following occurs:
(1) The United States Environmental Protection Agency
revises the standards or requirements described in
paragraph (2) of subsection (b) of Section 60 to be less
stringent than the applicable baseline federal law
standards.
(2) The federal Clean Air Act is amended to repeal or
substantially weaken the citizen suit provision under 42
U.S.C. 7604.
(c) In addition to the enforcement provisions under Section
31 of this Act and any cases afforded by other statutes, the
common law, or the Illinois Constitution, an action may be
brought in the circuit court by a person in the public interest
to enforce the standards or requirements adopted under
paragraph (3) of subsection (b) of Section 61 or to impose
civil penalties for a violation of those standards or
requirements, if the requirements of paragraphs (1) and (2) of

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subsection (a) of this Section are met.
A person bringing an action in the public interest under
this subsection and a person filing an action in which a
violation of paragraph (3) of subsection (b) of Section 61 is
alleged shall notify the Attorney General that the action has
been filed.
(d) Subsection (c) is operative only if either of the
following occurs:
(1) The United States Environmental Protection Agency
revised the standards or requirements described in
paragraph (3) of subsection (b) of Section 61 to be less
stringent than the applicable baseline federal law
standards.
(2) The federal Clean Water Act is amended to repeal or
substantially weaken the citizen suit provision under 33
U.S.C. 1365.
(e) In addition to the enforcement provisions under Section
31 of this Act and any cases afforded by other statutes, the
common law, or the Illinois Constitution, an action may be
brought in the circuit court by a person in the public interest
to enforce the standards or requirements adopted under
paragraph (4) of subsection (b) of Section 61 or to impose
civil penalties for a violation of those standards or
requirements, if the requirements of paragraphs (1) and (2) of
subsection (a) of this Section are met.
A person bringing an action in the public interest under

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this subsection and a person filing an action in which a
violation of paragraph (4) of subsection (b) of Section 61 is
alleged shall notify the Attorney General that the action has
been filed.
(f) Subsection (e) is operative only if either of the
following occurs:
(1) The United States Environmental Protection Agency
revised the standards or requirements described in
paragraph (4) of subsection (b) of Section 61 to be less
stringent than the applicable baseline federal law
standards.
(2) The federal Safe Drinking Water Act is amended to
repeal or substantially weaken the citizen suit provision
under 42 U.S.C. 300j-8.
(g) In addition to the enforcement provisions under the
Illinois Endangered Species Protection Act, and any cases
afforded by other statutes, the common law, or the Illinois
Constitution, an action may be brought in the circuit court by
a person in the public interest to enforce the requirements of
the Illinois Endangered Species Protection Act for a species
listed under paragraph (1) of subsection (b) of Section 62 or
to impose civil penalties for a violation of those
requirements, if the requirements of paragraphs (1) and (2) of
subsection (a) of this Section are met.
A person bringing an action in the public interest under
this subsection and a person filing an action in which a

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violation of paragraph (1) of subsection (b) of Section 62 is
alleged shall notify the Attorney General that the action has
been filed.
(h) Subsection (g) is operative only if either of the
following occurs:
(1) The relevant federal agency revised the standards
or requirements for the protection of species described in
paragraph (1) of subsection (b) of Section 62 to be less
protective than the applicable baseline federal law
standards.
(2) The federal Endangered Species Act is amended to
repeal or substantially weaken the citizen suit provision
under 16 U.S.C. 1540.
(i) An action or proceeding may be brought under Section
2-619 of the Code of Civil Procedure and Section 2 of Article
XI of the Illinois Constitution, on the grounds that a State or
local agency has violated the requirements of this Section.
(j) The court may award attorney's fees under Section 2-619
of the Code of Civil Procedure, and expert fees and court costs
under Section 1033 of the Code of Civil Procedure, as
appropriate, for an action brought under this Section.
(415 ILCS 5/34.9 new)
Sec. 34.9. Severability. The provisions of this Title VIII
are severable. If any provision of this Title or its
application is held invalid, that invalidity shall not affect

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other provisions or applications that can be given effect
without the invalid provision or application.
(415 ILCS 5/39.5) (from Ch. 111 1/2, par. 1039.5)
Sec. 39.5. Clean Air Act Permit Program.
1. Definitions. For purposes of this Section:
"Administrative permit amendment" means a permit revision
subject to subsection 13 of this Section.
"Affected source for acid deposition" means a source that
includes one or more affected units under Title IV of the Clean
Air Act.
"Affected States" for purposes of formal distribution of a
draft CAAPP permit to other States for comments prior to
issuance, means all States:
(1) Whose air quality may be affected by the source
covered by the draft permit and that are contiguous to
Illinois; or
(2) That are within 50 miles of the source.
"Affected unit for acid deposition" shall have the meaning
given to the term "affected unit" in the regulations
promulgated under Title IV of the Clean Air Act.
"Applicable Clean Air Act requirement" means all of the
following as they apply to emissions units in a source
(including regulations that have been promulgated or approved
by USEPA pursuant to the Clean Air Act which directly impose
requirements upon a source and other such federal requirements

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which have been adopted by the Board. These may include
requirements and regulations which have future effective
compliance dates. Requirements and regulations will be exempt
if USEPA determines that such requirements need not be
contained in a Title V permit):
(1) Any standard or other requirement provided for in
the applicable state implementation plan approved or
promulgated by USEPA under Title I of the Clean Air Act
that implements the relevant requirements of the Clean Air
Act, including any revisions to the state Implementation
Plan promulgated in 40 CFR Part 52, Subparts A and O and
other subparts applicable to Illinois. For purposes of this
paragraph (1) of this definition, "any standard or other
requirement" means only such standards or requirements
directly enforceable against an individual source under
the Clean Air Act.
(2)(i) Any term or condition of any preconstruction
permits issued pursuant to regulations approved or
promulgated by USEPA under Title I of the Clean Air
Act, including Part C or D of the Clean Air Act.
(ii) Any term or condition as required pursuant to
Section 39.5 of any federally enforceable State
operating permit issued pursuant to regulations
approved or promulgated by USEPA under Title I of the
Clean Air Act, including Part C or D of the Clean Air
Act.

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(3) Any standard or other requirement under Section 111
of the Clean Air Act, including Section 111(d).
(4) Any standard or other requirement under Section 112
of the Clean Air Act, including any requirement concerning
accident prevention under Section 112(r)(7) of the Clean
Air Act.
(5) Any standard or other requirement of the acid rain
program under Title IV of the Clean Air Act or the
regulations promulgated thereunder.
(6) Any requirements established pursuant to Section
504(b) or Section 114(a)(3) of the Clean Air Act.
(7) Any standard or other requirement governing solid
waste incineration, under Section 129 of the Clean Air Act.
(8) Any standard or other requirement for consumer and
commercial products, under Section 183(e) of the Clean Air
Act.
(9) Any standard or other requirement for tank vessels,
under Section 183(f) of the Clean Air Act.
(10) Any standard or other requirement of the program
to control air pollution from Outer Continental Shelf
sources, under Section 328 of the Clean Air Act.
(11) Any standard or other requirement of the
regulations promulgated to protect stratospheric ozone
under Title VI of the Clean Air Act, unless USEPA has
determined that such requirements need not be contained in
a Title V permit.

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(12) Any national ambient air quality standard or
increment or visibility requirement under Part C of Title I
of the Clean Air Act, but only as it would apply to
temporary sources permitted pursuant to Section 504(e) of
the Clean Air Act.
"Applicable requirement" means all applicable Clean Air
Act requirements and any other standard, limitation, or other
requirement contained in this Act or regulations promulgated
under this Act as applicable to sources of air contaminants
(including requirements that have future effective compliance
dates).
"CAAPP" means the Clean Air Act Permit Program, developed
pursuant to Title V of the Clean Air Act.
"CAAPP application" means an application for a CAAPP
permit.
"CAAPP Permit" or "permit" (unless the context suggests
otherwise) means any permit issued, renewed, amended, modified
or revised pursuant to Title V of the Clean Air Act.
"CAAPP source" means any source for which the owner or
operator is required to obtain a CAAPP permit pursuant to
subsection 2 of this Section.
"Clean Air Act" means the Clean Air Act, as now and
hereafter amended, 42 U.S.C. 7401, et seq.
"Designated representative" has the meaning given to it in
Section 402(26) of the Clean Air Act and the regulations
promulgated thereunder, which state that the term "designated

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representative" means a responsible person or official
authorized by the owner or operator of a unit to represent the
owner or operator in all matters pertaining to the holding,
transfer, or disposition of allowances allocated to a unit, and
the submission of and compliance with permits, permit
applications, and compliance plans for the unit.
"Draft CAAPP permit" means the version of a CAAPP permit
for which public notice and an opportunity for public comment
and hearing is offered by the Agency.
"Effective date of the CAAPP" means the date that USEPA
approves Illinois' CAAPP.
"Emission unit" means any part or activity of a stationary
source that emits or has the potential to emit any air
pollutant. This term is not meant to alter or affect the
definition of the term "unit" for purposes of Title IV of the
Clean Air Act.
"Federally enforceable" means enforceable by USEPA.
"Final permit action" means the Agency's granting with
conditions, refusal to grant, renewal of, or revision of a
CAAPP permit, the Agency's determination of incompleteness of a
submitted CAAPP application, or the Agency's failure to act on
an application for a permit, permit renewal, or permit revision
within the time specified in subsection 13, subsection 14, or
paragraph (j) of subsection 5 of this Section.
"General permit" means a permit issued to cover numerous
similar sources in accordance with subsection 11 of this

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Section.
"Major source" means a source for which emissions of one or
more air pollutants meet the criteria for major status pursuant
to paragraph (c) of subsection 2 of this Section.
"Maximum achievable control technology" or "MACT" means
the maximum degree of reductions in emissions deemed achievable
under Section 112 of the Clean Air Act.
"Owner or operator" means any person who owns, leases,
operates, controls, or supervises a stationary source.
"Permit modification" means a revision to a CAAPP permit
that cannot be accomplished under the provisions for
administrative permit amendments under subsection 13 of this
Section.
"Permit revision" means a permit modification or
administrative permit amendment.
"Phase II" means the period of the national acid rain
program, established under Title IV of the Clean Air Act,
beginning January 1, 2000, and continuing thereafter.
"Phase II acid rain permit" means the portion of a CAAPP
permit issued, renewed, modified, or revised by the Agency
during Phase II for an affected source for acid deposition.
"Potential to emit" means the maximum capacity of a
stationary source to emit any air pollutant under its physical
and operational design. Any physical or operational limitation
on the capacity of a source to emit an air pollutant, including
air pollution control equipment and restrictions on hours of

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operation or on the type or amount of material combusted,
stored, or processed, shall be treated as part of its design if
the limitation is enforceable by USEPA. This definition does
not alter or affect the use of this term for any other purposes
under the Clean Air Act, or the term "capacity factor" as used
in Title IV of the Clean Air Act or the regulations promulgated
thereunder.
"Preconstruction Permit" or "Construction Permit" means a
permit which is to be obtained prior to commencing or beginning
actual construction or modification of a source or emissions
unit.
"Proposed CAAPP permit" means the version of a CAAPP permit
that the Agency proposes to issue and forwards to USEPA for
review in compliance with applicable requirements of the Act
and regulations promulgated thereunder.
"Regulated air pollutant" means the following:
(1) Nitrogen oxides (NOx) or any volatile organic
compound.
(2) Any pollutant for which a national ambient air
quality standard has been promulgated.
(3) Any pollutant that is subject to any standard
promulgated under Section 111 of the Clean Air Act.
(4) Any Class I or II substance subject to a standard
promulgated under or established by Title VI of the Clean
Air Act.
(5) Any pollutant subject to a standard promulgated

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under Section 112 or other requirements established under
Section 112 of the Clean Air Act, including Sections
112(g), (j) and (r).
(i) Any pollutant subject to requirements under
Section 112(j) of the Clean Air Act. Any pollutant
listed under Section 112(b) for which the subject
source would be major shall be considered to be
regulated 18 months after the date on which USEPA was
required to promulgate an applicable standard pursuant
to Section 112(e) of the Clean Air Act, if USEPA fails
to promulgate such standard.
(ii) Any pollutant for which the requirements of
Section 112(g)(2) of the Clean Air Act have been met,
but only with respect to the individual source subject
to Section 112(g)(2) requirement.
(6) Greenhouse gases.
"Renewal" means the process by which a permit is reissued
at the end of its term.
"Responsible official" means one of the following:
(1) For a corporation: a president, secretary,
treasurer, or vice-president of the corporation in charge
of a principal business function, or any other person who
performs similar policy or decision-making functions for
the corporation, or a duly authorized representative of
such person if the representative is responsible for the
overall operation of one or more manufacturing,

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production, or operating facilities applying for or
subject to a permit and either (i) the facilities employ
more than 250 persons or have gross annual sales or
expenditures exceeding $25 million (in second quarter 1980
dollars), or (ii) the delegation of authority to such
representative is approved in advance by the Agency.
(2) For a partnership or sole proprietorship: a general
partner or the proprietor, respectively, or in the case of
a partnership in which all of the partners are
corporations, a duly authorized representative of the
partnership if the representative is responsible for the
overall operation of one or more manufacturing,
production, or operating facilities applying for or
subject to a permit and either (i) the facilities employ
more than 250 persons or have gross annual sales or
expenditures exceeding $25 million (in second quarter 1980
dollars), or (ii) the delegation of authority to such
representative is approved in advance by the Agency.
(3) For a municipality, State, Federal, or other public
agency: either a principal executive officer or ranking
elected official. For the purposes of this part, a
principal executive officer of a Federal agency includes
the chief executive officer having responsibility for the
overall operations of a principal geographic unit of the
agency (e.g., a Regional Administrator of USEPA).
(4) For affected sources for acid deposition:

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(i) The designated representative shall be the
"responsible official" in so far as actions,
standards, requirements, or prohibitions under Title
IV of the Clean Air Act or the regulations promulgated
thereunder are concerned.
(ii) The designated representative may also be the
"responsible official" for any other purposes with
respect to air pollution control.
"Section 502(b)(10) changes" means changes that contravene
express permit terms. "Section 502(b)(10) changes" do not
include changes that would violate applicable requirements or
contravene federally enforceable permit terms or conditions
that are monitoring (including test methods), recordkeeping,
reporting, or compliance certification requirements.
"Solid waste incineration unit" means a distinct operating
unit of any facility which combusts any solid waste material
from commercial or industrial establishments or the general
public (including single and multiple residences, hotels, and
motels). The term does not include incinerators or other units
required to have a permit under Section 3005 of the Solid Waste
Disposal Act. The term also does not include (A) materials
recovery facilities (including primary or secondary smelters)
which combust waste for the primary purpose of recovering
metals, (B) qualifying small power production facilities, as
defined in Section 3(17)(C) of the Federal Power Act (16 U.S.C.
769(17)(C)), or qualifying cogeneration facilities, as defined

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in Section 3(18)(B) of the Federal Power Act (16 U.S.C.
796(18)(B)), which burn homogeneous waste (such as units which
burn tires or used oil, but not including refuse-derived fuel)
for the production of electric energy or in the case of
qualifying cogeneration facilities which burn homogeneous
waste for the production of electric energy and steam or forms
of useful energy (such as heat) which are used for industrial,
commercial, heating or cooling purposes, or (C) air curtain
incinerators provided that such incinerators only burn wood
wastes, yard waste and clean lumber and that such air curtain
incinerators comply with opacity limitations to be established
by the USEPA by rule.
"Source" means any stationary source (or any group of
stationary sources) that is located on one or more contiguous
or adjacent properties that are under common control of the
same person (or persons under common control) and that belongs
to a single major industrial grouping. For the purposes of
defining "source," a stationary source or group of stationary
sources shall be considered part of a single major industrial
grouping if all of the pollutant emitting activities at such
source or group of sources located on contiguous or adjacent
properties and under common control belong to the same Major
Group (i.e., all have the same two-digit code) as described in
the Standard Industrial Classification Manual, 1987, or such
pollutant emitting activities at a stationary source (or group
of stationary sources) located on contiguous or adjacent

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properties and under common control constitute a support
facility. The determination as to whether any group of
stationary sources is located on contiguous or adjacent
properties, and/or is under common control, and/or whether the
pollutant emitting activities at such group of stationary
sources constitute a support facility shall be made on a case
by case basis.
"Stationary source" means any building, structure,
facility, or installation that emits or may emit any regulated
air pollutant or any pollutant listed under Section 112(b) of
the Clean Air Act, except those emissions resulting directly
from an internal combustion engine for transportation purposes
or from a nonroad engine or nonroad vehicle as defined in
Section 216 of the Clean Air Act.
"Subject to regulation" has the meaning given to it in 40
CFR 70.2, as now or hereafter amended.
"Support facility" means any stationary source (or group of
stationary sources) that conveys, stores, or otherwise assists
to a significant extent in the production of a principal
product at another stationary source (or group of stationary
sources). A support facility shall be considered to be part of
the same source as the stationary source (or group of
stationary sources) that it supports regardless of the 2-digit
Standard Industrial Classification code for the support
facility.
"USEPA" means the Administrator of the United States

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Environmental Protection Agency (USEPA) or a person designated
by the Administrator.
1.1. Exclusion From the CAAPP.
a. An owner or operator of a source which determines
that the source could be excluded from the CAAPP may seek
such exclusion prior to the date that the CAAPP application
for the source is due but in no case later than 9 months
after the effective date of the CAAPP through the
imposition of federally enforceable conditions limiting
the "potential to emit" of the source to a level below the
major source threshold for that source as described in
paragraph (c) of subsection 2 of this Section, within a
State operating permit issued pursuant to subsection (a) of
Section 39 of this Act. After such date, an exclusion from
the CAAPP may be sought under paragraph (c) of subsection 3
of this Section.
b. An owner or operator of a source seeking exclusion
from the CAAPP pursuant to paragraph (a) of this subsection
must submit a permit application consistent with the
existing State permit program which specifically requests
such exclusion through the imposition of such federally
enforceable conditions.
c. Upon such request, if the Agency determines that the
owner or operator of a source has met the requirements for
exclusion pursuant to paragraph (a) of this subsection and

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

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112(r) of the Clean Air Act.
iii. Any affected source for acid deposition, as
defined in subsection 1 of this Section.
iv. Any other source subject to this Section under
the Clean Air Act or regulations promulgated
thereunder, or applicable Board regulations.
b. Sources exempted from this Section shall include:
i. All sources listed in paragraph (a) of this
subsection that are not major sources, affected
sources for acid deposition or solid waste
incineration units required to obtain a permit
pursuant to Section 129(e) of the Clean Air Act, until
the source is required to obtain a CAAPP permit
pursuant to the Clean Air Act or regulations
promulgated thereunder.
ii. Nonmajor sources subject to a standard or other
requirements subsequently promulgated by USEPA under
Section 111 or 112 of the Clean Air Act that are
determined by USEPA to be exempt at the time a new
standard is promulgated.
iii. All sources and source categories that would
be required to obtain a permit solely because they are
subject to Part 60, Subpart AAA - Standards of
Performance for New Residential Wood Heaters (40 CFR
Part 60).
iv. All sources and source categories that would be

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required to obtain a permit solely because they are
subject to Part 61, Subpart M - National Emission
Standard for Hazardous Air Pollutants for Asbestos,
Section 61.145 (40 CFR Part 61).
v. Any other source categories exempted by USEPA
regulations pursuant to Section 502(a) of the Clean Air
Act.
vi. (Blank). Major sources of greenhouse gas
emissions required to obtain a CAAPP permit under this
Section if any of the following occurs:
(A) enactment of federal legislation depriving
the Administrator of the USEPA of authority to
regulate greenhouse gases under the Clean Air Act;
(B) the issuance of any opinion, ruling,
judgment, order, or decree by a federal court
depriving the Administrator of the USEPA of
authority to regulate greenhouse gases under the
Clean Air Act; or
(C) action by the President of the United
States or the President's authorized agent,
including the Administrator of the USEPA, to
repeal or withdraw the Greenhouse Gas Tailoring
Rule (75 Fed. Reg. 31514, June 3, 2010).
If any event listed in this subparagraph (vi)
occurs, CAAPP permits issued after such event shall not
impose permit terms or conditions addressing

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greenhouse gases during the effectiveness of any event
listed in subparagraph (vi). If any event listed in
this subparagraph (vi) occurs, any owner or operator
with a CAAPP permit that includes terms or conditions
addressing greenhouse gases may elect to submit an
application to the Agency to address a revision or
repeal of such terms or conditions. If any owner or
operator submits such an application, the Agency shall
expeditiously process the permit application in
accordance with applicable laws and regulations.
Nothing in this subparagraph (vi) shall relieve an
owner or operator of a source from the requirement to
obtain a CAAPP permit for its emissions of regulated
air pollutants other than greenhouse gases, as
required by this Section.
c. For purposes of this Section the term "major source"
means any source that is:
i. A major source under Section 112 of the Clean
Air Act, which is defined as:
A. For pollutants other than radionuclides,
any stationary source or group of stationary
sources located within a contiguous area and under
common control that emits or has the potential to
emit, in the aggregate, 10 tons per year (tpy) or
more of any hazardous air pollutant which has been
listed pursuant to Section 112(b) of the Clean Air

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Act, 25 tpy or more of any combination of such
hazardous air pollutants, or such lesser quantity
as USEPA may establish by rule. Notwithstanding
the preceding sentence, emissions from any oil or
gas exploration or production well (with its
associated equipment) and emissions from any
pipeline compressor or pump station shall not be
aggregated with emissions from other similar
units, whether or not such units are in a
contiguous area or under common control, to
determine whether such stations are major sources.
B. For radionuclides, "major source" shall
have the meaning specified by the USEPA by rule.
ii. A major stationary source of air pollutants, as
defined in Section 302 of the Clean Air Act, that
directly emits or has the potential to emit, 100 tpy or
more of any air pollutant subject to regulation
(including any major source of fugitive emissions of
any such pollutant, as determined by rule by USEPA).
For purposes of this subsection, "fugitive emissions"
means those emissions which could not reasonably pass
through a stack, chimney, vent, or other
functionally-equivalent opening. The fugitive
emissions of a stationary source shall not be
considered in determining whether it is a major
stationary source for the purposes of Section 302(j) of

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the Clean Air Act, unless the source belongs to one of
the following categories of stationary source:
A. Coal cleaning plants (with thermal dryers).
B. Kraft pulp mills.
C. Portland cement plants.
D. Primary zinc smelters.
E. Iron and steel mills.
F. Primary aluminum ore reduction plants.
G. Primary copper smelters.
H. Municipal incinerators capable of charging
more than 250 tons of refuse per day.
I. Hydrofluoric, sulfuric, or nitric acid
plants.
J. Petroleum refineries.
K. Lime plants.
L. Phosphate rock processing plants.
M. Coke oven batteries.
N. Sulfur recovery plants.
O. Carbon black plants (furnace process).
P. Primary lead smelters.
Q. Fuel conversion plants.
R. Sintering plants.
S. Secondary metal production plants.
T. Chemical process plants.
U. Fossil-fuel boilers (or combination
thereof) totaling more than 250 million British

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

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10 tons per year of nitrogen oxides shall not apply
with respect to any source for which USEPA has made
a finding, under Section 182(f)(1) or (2) of the
Clean Air Act, that requirements otherwise
applicable to such source under Section 182(f) of
the Clean Air Act do not apply. Such sources shall
remain subject to the major source criteria of
subparagraph (ii) of paragraph (c) of this
subsection.
B. For ozone transport regions established
pursuant to Section 184 of the Clean Air Act,
sources with the potential to emit 50 tons or more
per year of volatile organic compounds (VOCs).
C. For carbon monoxide nonattainment areas (1)
that are classified as "serious", and (2) in which
stationary sources contribute significantly to
carbon monoxide levels as determined under rules
issued by USEPA, sources with the potential to emit
50 tons or more per year of carbon monoxide.
D. For particulate matter (PM-10)
nonattainment areas classified as "serious",
sources with the potential to emit 70 tons or more
per year of PM-10.
3. Agency Authority To Issue CAAPP Permits and Federally
Enforceable State Operating Permits.

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a. The Agency shall issue CAAPP permits under this
Section consistent with the Clean Air Act and regulations
promulgated thereunder and this Act and regulations
promulgated thereunder.
b. The Agency shall issue CAAPP permits for fixed terms
of 5 years, except CAAPP permits issued for solid waste
incineration units combusting municipal waste which shall
be issued for fixed terms of 12 years and except CAAPP
permits for affected sources for acid deposition which
shall be issued for initial terms to expire on December 31,
1999, and for fixed terms of 5 years thereafter.
c. The Agency shall have the authority to issue a State
operating permit for a source under subsection (a) of
Section 39 of this Act, as amended, and regulations
promulgated thereunder, which includes federally
enforceable conditions limiting the "potential to emit" of
the source to a level below the major source threshold for
that source as described in paragraph (c) of subsection 2
of this Section, thereby excluding the source from the
CAAPP, when requested by the applicant pursuant to
paragraph (u) of subsection 5 of this Section. The public
notice requirements of this Section applicable to CAAPP
permits shall also apply to the initial issuance of permits
under this paragraph.
d. For purposes of this Act, a permit issued by USEPA
under Section 505 of the Clean Air Act, as now and

10000HB1438ham001 - 30 - LRB100 03185 MJP 27146 a
hereafter amended, shall be deemed to be a permit issued by
the Agency pursuant to Section 39.5 of this Act.
4. Transition.
a. An owner or operator of a CAAPP source shall not be
required to renew an existing State operating permit for
any emission unit at such CAAPP source once a CAAPP
application timely submitted prior to expiration of the
State operating permit has been deemed complete. For
purposes other than permit renewal, the obligation upon the
owner or operator of a CAAPP source to obtain a State
operating permit is not removed upon submittal of the
complete CAAPP permit application. An owner or operator of
a CAAPP source seeking to make a modification to a source
prior to the issuance of its CAAPP permit shall be required
to obtain a construction permit, operating permit, or both
as required for such modification in accordance with the
State permit program under subsection (a) of Section 39 of
this Act, as amended, and regulations promulgated
thereunder. The application for such construction permit,
operating permit, or both shall be considered an amendment
to the CAAPP application submitted for such source.
b. An owner or operator of a CAAPP source shall
continue to operate in accordance with the terms and
conditions of its applicable State operating permit
notwithstanding the expiration of the State operating

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permit until the source's CAAPP permit has been issued.
c. An owner or operator of a CAAPP source shall submit
its initial CAAPP application to the Agency no later than
12 months after the effective date of the CAAPP. The Agency
may request submittal of initial CAAPP applications during
this 12-month period according to a schedule set forth
within Agency procedures, however, in no event shall the
Agency require such submittal earlier than 3 months after
such effective date of the CAAPP. An owner or operator may
voluntarily submit its initial CAAPP application prior to
the date required within this paragraph or applicable
procedures, if any, subsequent to the date the Agency
submits the CAAPP to USEPA for approval.
d. The Agency shall act on initial CAAPP applications
in accordance with paragraph (j) of subsection 5 of this
Section.
e. For purposes of this Section, the term "initial
CAAPP application" shall mean the first CAAPP application
submitted for a source existing as of the effective date of
the CAAPP.
f. The Agency shall provide owners or operators of
CAAPP sources with at least 3 months advance notice of the
date on which their applications are required to be
submitted. In determining which sources shall be subject to
early submittal, the Agency shall include among its
considerations the complexity of the permit application,

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and the burden that such early submittal will have on the
source.
g. The CAAPP permit shall upon becoming effective
supersede the State operating permit.
h. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary, to implement this subsection.
5. Applications and Completeness.
a. An owner or operator of a CAAPP source shall submit
its complete CAAPP application consistent with the Act and
applicable regulations.
b. An owner or operator of a CAAPP source shall submit
a single complete CAAPP application covering all emission
units at that source.
c. To be deemed complete, a CAAPP application must
provide all information, as requested in Agency
application forms, sufficient to evaluate the subject
source and its application and to determine all applicable
requirements, pursuant to the Clean Air Act, and
regulations thereunder, this Act and regulations
thereunder. Such Agency application forms shall be
finalized and made available prior to the date on which any
CAAPP application is required.
d. An owner or operator of a CAAPP source shall submit,

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as part of its complete CAAPP application, a compliance
plan, including a schedule of compliance, describing how
each emission unit will comply with all applicable
requirements. Any such schedule of compliance shall be
supplemental to, and shall not sanction noncompliance
with, the applicable requirements on which it is based.
e. Each submitted CAAPP application shall be certified
for truth, accuracy, and completeness by a responsible
official in accordance with applicable regulations.
f. The Agency shall provide notice to a CAAPP applicant
as to whether a submitted CAAPP application is complete.
Unless the Agency notifies the applicant of
incompleteness, within 60 days after receipt of the CAAPP
application, the application shall be deemed complete. The
Agency may request additional information as needed to make
the completeness determination. The Agency may to the
extent practicable provide the applicant with a reasonable
opportunity to correct deficiencies prior to a final
determination of completeness.
g. If after the determination of completeness the
Agency finds that additional information is necessary to
evaluate or take final action on the CAAPP application, the
Agency may request in writing such information from the
source with a reasonable deadline for response.
h. If the owner or operator of a CAAPP source submits a
timely and complete CAAPP application, the source's

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failure to have a CAAPP permit shall not be a violation of
this Section until the Agency takes final action on the
submitted CAAPP application, provided, however, where the
applicant fails to submit the requested information under
paragraph (g) of this subsection 5 within the time frame
specified by the Agency, this protection shall cease to
apply.
i. Any applicant who fails to submit any relevant facts
necessary to evaluate the subject source and its CAAPP
application or who has submitted incorrect information in a
CAAPP application shall, upon becoming aware of such
failure or incorrect submittal, submit supplementary facts
or correct information to the Agency. In addition, an
applicant shall provide to the Agency additional
information as necessary to address any requirements which
become applicable to the source subsequent to the date the
applicant submitted its complete CAAPP application but
prior to release of the draft CAAPP permit.
j. The Agency shall issue or deny the CAAPP permit
within 18 months after the date of receipt of the complete
CAAPP application, with the following exceptions: (i)
permits for affected sources for acid deposition shall be
issued or denied within 6 months after receipt of a
complete application in accordance with subsection 17 of
this Section; (ii) the Agency shall act on initial CAAPP
applications within 24 months after the date of receipt of

10000HB1438ham001 - 35 - LRB100 03185 MJP 27146 a
the complete CAAPP application; (iii) the Agency shall act
on complete applications containing early reduction
demonstrations under Section 112(i)(5) of the Clean Air Act
within 9 months of receipt of the complete CAAPP
application.
Where the Agency does not take final action on the
permit within the required time period, the permit shall
not be deemed issued; rather, the failure to act shall be
treated as a final permit action for purposes of judicial
review pursuant to Sections 40.2 and 41 of this Act.
k. The submittal of a complete CAAPP application shall
not affect the requirement that any source have a
preconstruction permit under Title I of the Clean Air Act.
l. Unless a timely and complete renewal application has
been submitted consistent with this subsection, a CAAPP
source operating upon the expiration of its CAAPP permit
shall be deemed to be operating without a CAAPP permit.
Such operation is prohibited under this Act.
m. Permits being renewed shall be subject to the same
procedural requirements, including those for public
participation and federal review and objection, that apply
to original permit issuance.
n. For purposes of permit renewal, a timely application
is one that is submitted no less than 9 months prior to the
date of permit expiration.
o. The terms and conditions of a CAAPP permit shall

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

10000HB1438ham001 - 37 - LRB100 03185 MJP 27146 a
CAAPP application.
u. An owner or operator of a CAAPP source which seeks
exclusion from the CAAPP through the imposition of
federally enforceable conditions, pursuant to paragraph
(c) of subsection 3 of this Section, must request such
exclusion within a CAAPP application submitted consistent
with this subsection on or after the date that the CAAPP
application for the source is due. Prior to such date, but
in no case later than 9 months after the effective date of
the CAAPP, such owner or operator may request the
imposition of federally enforceable conditions pursuant to
paragraph (b) of subsection 1.1 of this Section.
v. CAAPP applications shall contain accurate
information on allowable emissions to implement the fee
provisions of subsection 18 of this Section.
w. An owner or operator of a CAAPP source shall submit
within its CAAPP application emissions information
regarding all regulated air pollutants emitted at that
source consistent with applicable Agency procedures.
Emissions information regarding insignificant activities
or emission levels, as determined by the Agency pursuant to
Board regulations, may be submitted as a list within the
CAAPP application. The Agency shall propose regulations to
the Board defining insignificant activities or emission
levels, consistent with federal regulations, if any, no
later than 18 months after the effective date of this

10000HB1438ham001 - 38 - LRB100 03185 MJP 27146 a
amendatory Act of 1992, consistent with Section 112(n)(1)
of the Clean Air Act. The Board shall adopt final
regulations defining insignificant activities or emission
levels no later than 9 months after the date of the
Agency's proposal.
x. The owner or operator of a new CAAPP source shall
submit its complete CAAPP application consistent with this
subsection within 12 months after commencing operation of
such source. The owner or operator of an existing source
that has been excluded from the provisions of this Section
under subsection 1.1 or paragraph (c) of subsection 3 of
this Section and that becomes subject to the CAAPP solely
due to a change in operation at the source shall submit its
complete CAAPP application consistent with this subsection
at least 180 days before commencing operation in accordance
with the change in operation.
y. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary to implement this subsection.
6. Prohibitions.
a. It shall be unlawful for any person to violate any
terms or conditions of a permit issued under this Section,
to operate any CAAPP source except in compliance with a
permit issued by the Agency under this Section or to

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

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the earliest reasonable date, which are or will be required
to accomplish the purposes and provisions of this Act and
to assure compliance with all applicable requirements.
b. The Agency shall include among such conditions
applicable monitoring, reporting, record keeping and
compliance certification requirements, as authorized by
paragraphs (d), (e), and (f) of this subsection, that the
Agency deems necessary to assure compliance with the Clean
Air Act, the regulations promulgated thereunder, this Act,
and applicable Board regulations. When monitoring,
reporting, record keeping, and compliance certification
requirements are specified within the Clean Air Act,
regulations promulgated thereunder, this Act, or
applicable regulations, such requirements shall be
included within the CAAPP permit. The Board shall have
authority to promulgate additional regulations where
necessary to accomplish the purposes of the Clean Air Act,
this Act, and regulations promulgated thereunder.
c. The Agency shall assure, within such conditions, the
use of terms, test methods, units, averaging periods, and
other statistical conventions consistent with the
applicable emission limitations, standards, and other
requirements contained in the permit.
d. To meet the requirements of this subsection with
respect to monitoring, the permit shall:
i. Incorporate and identify all applicable

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

10000HB1438ham001 - 42 - LRB100 03185 MJP 27146 a
A. The date, place and time of sampling or
measurements.
B. The date(s) analyses were performed.
C. The company or entity that performed the
analyses.
D. The analytical techniques or methods used.
E. The results of such analyses.
F. The operating conditions as existing at the
time of sampling or measurement.
ii. Retention of records of all monitoring data and
support information for a period of at least 5 years
from the date of the monitoring sample, measurement,
report, or application. Support information includes
all calibration and maintenance records, original
strip-chart recordings for continuous monitoring
instrumentation, and copies of all reports required by
the permit.
f. To meet the requirements of this subsection with
respect to reporting, the permit shall incorporate and
identify all applicable reporting requirements and require
the following:
i. Submittal of reports of any required monitoring
every 6 months. More frequent submittals may be
requested by the Agency if such submittals are
necessary to assure compliance with this Act or
regulations promulgated by the Board thereunder. All

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instances of deviations from permit requirements must
be clearly identified in such reports. All required
reports must be certified by a responsible official
consistent with subsection 5 of this Section.
ii. Prompt reporting of deviations from permit
requirements, including those attributable to upset
conditions as defined in the permit, the probable cause
of such deviations, and any corrective actions or
preventive measures taken.
g. Each CAAPP permit issued under subsection 10 of this
Section shall include a condition prohibiting emissions
exceeding any allowances that the source lawfully holds
under Title IV of the Clean Air Act or the regulations
promulgated thereunder, consistent with subsection 17 of
this Section and applicable regulations, if any.
h. All CAAPP permits shall state that, where another
applicable requirement of the Clean Air Act is more
stringent than any applicable requirement of regulations
promulgated under Title IV of the Clean Air Act, both
provisions shall be incorporated into the permit and shall
be State and federally enforceable.
i. Each CAAPP permit issued under subsection 10 of this
Section shall include a severability clause to ensure the
continued validity of the various permit requirements in
the event of a challenge to any portions of the permit.
j. The following shall apply with respect to owners or

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operators requesting a permit shield:
i. The Agency shall include in a CAAPP permit, when
requested by an applicant pursuant to paragraph (p) of
subsection 5 of this Section, a provision stating that
compliance with the conditions of the permit shall be
deemed compliance with applicable requirements which
are applicable as of the date of release of the
proposed permit, provided that:
A. The applicable requirement is specifically
identified within the permit; or
B. The Agency in acting on the CAAPP
application or revision determines in writing that
other requirements specifically identified are not
applicable to the source, and the permit includes
that determination or a concise summary thereof.
ii. The permit shall identify the requirements for
which the source is shielded. The shield shall not
extend to applicable requirements which are
promulgated after the date of release of the proposed
permit unless the permit has been modified to reflect
such new requirements.
iii. A CAAPP permit which does not expressly
indicate the existence of a permit shield shall not
provide such a shield.
iv. Nothing in this paragraph or in a CAAPP permit
shall alter or affect the following:

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A. The provisions of Section 303 (emergency
powers) of the Clean Air Act, including USEPA's
authority under that section.
B. The liability of an owner or operator of a
source for any violation of applicable
requirements prior to or at the time of permit
issuance.
C. The applicable requirements of the acid
rain program consistent with Section 408(a) of the
Clean Air Act.
D. The ability of USEPA to obtain information
from a source pursuant to Section 114
(inspections, monitoring, and entry) of the Clean
Air Act.
k. Each CAAPP permit shall include an emergency
provision providing an affirmative defense of emergency to
an action brought for noncompliance with technology-based
emission limitations under a CAAPP permit if the following
conditions are met through properly signed,
contemporaneous operating logs, or other relevant
evidence:
i. An emergency occurred and the permittee can
identify the cause(s) of the emergency.
ii. The permitted facility was at the time being
properly operated.
iii. The permittee submitted notice of the

10000HB1438ham001 - 46 - LRB100 03185 MJP 27146 a
emergency to the Agency within 2 working days after the
time when emission limitations were exceeded due to the
emergency. This notice must contain a detailed
description of the emergency, any steps taken to
mitigate emissions, and corrective actions taken.
iv. During the period of the emergency the
permittee took all reasonable steps to minimize levels
of emissions that exceeded the emission limitations,
standards, or requirements in the permit.
For purposes of this subsection, "emergency" means any
situation arising from sudden and reasonably unforeseeable
events beyond the control of the source, such as an act of
God, that requires immediate corrective action to restore
normal operation, and that causes the source to exceed a
technology-based emission limitation under the permit, due
to unavoidable increases in emissions attributable to the
emergency. An emergency shall not include noncompliance to
the extent caused by improperly designed equipment, lack of
preventative maintenance, careless or improper operation,
or operation error.
In any enforcement proceeding, the permittee seeking
to establish the occurrence of an emergency has the burden
of proof. This provision is in addition to any emergency or
upset provision contained in any applicable requirement.
This provision does not relieve a permittee of any
reporting obligations under existing federal or state laws

10000HB1438ham001 - 47 - LRB100 03185 MJP 27146 a
or regulations.
l. The Agency shall include in each permit issued under
subsection 10 of this Section:
i. Terms and conditions for reasonably anticipated
operating scenarios identified by the source in its
application. The permit terms and conditions for each
such operating scenario shall meet all applicable
requirements and the requirements of this Section.
A. Under this subparagraph, the source must
record in a log at the permitted facility a record
of the scenario under which it is operating
contemporaneously with making a change from one
operating scenario to another.
B. The permit shield described in paragraph
(j) of subsection 7 of this Section shall extend to
all terms and conditions under each such operating
scenario.
ii. Where requested by an applicant, all terms and
conditions allowing for trading of emissions increases
and decreases between different emission units at the
CAAPP source, to the extent that the applicable
requirements provide for trading of such emissions
increases and decreases without a case-by-case
approval of each emissions trade. Such terms and
conditions:
A. Shall include all terms required under this

10000HB1438ham001 - 48 - LRB100 03185 MJP 27146 a
subsection to determine compliance;
B. Must meet all applicable requirements;
C. Shall extend the permit shield described in
paragraph (j) of subsection 7 of this Section to
all terms and conditions that allow such increases
and decreases in emissions.
m. The Agency shall specifically designate as not being
federally enforceable under the Clean Air Act any terms and
conditions included in the permit that are not specifically
required under the Clean Air Act or federal regulations
promulgated thereunder. Terms or conditions so designated
shall be subject to all applicable state requirements,
except the requirements of subsection 7 (other than this
paragraph, paragraph q of subsection 7, subsections 8
through 11, and subsections 13 through 16 of this Section.
The Agency shall, however, include such terms and
conditions in the CAAPP permit issued to the source.
n. Each CAAPP permit issued under subsection 10 of this
Section shall specify and reference the origin of and
authority for each term or condition, and identify any
difference in form as compared to the applicable
requirement upon which the term or condition is based.
o. Each CAAPP permit issued under subsection 10 of this
Section shall include provisions stating the following:
i. Duty to comply. The permittee must comply with
all terms and conditions of the CAAPP permit. Any

10000HB1438ham001 - 49 - LRB100 03185 MJP 27146 a
permit noncompliance constitutes a violation of the
Clean Air Act and the Act, and is grounds for any or
all of the following: enforcement action; permit
termination, revocation and reissuance, or
modification; or denial of a permit renewal
application.
ii. Need to halt or reduce activity not a defense.
It shall not be a defense for a permittee in an
enforcement action that it would have been necessary to
halt or reduce the permitted activity in order to
maintain compliance with the conditions of this
permit.
iii. Permit actions. The permit may be modified,
revoked, reopened, and reissued, or terminated for
cause in accordance with the applicable subsections of
Section 39.5 of this Act. The filing of a request by
the permittee for a permit modification, revocation
and reissuance, or termination, or of a notification of
planned changes or anticipated noncompliance does not
stay any permit condition.
iv. Property rights. The permit does not convey any
property rights of any sort, or any exclusive
privilege.
v. Duty to provide information. The permittee
shall furnish to the Agency within a reasonable time
specified by the Agency any information that the Agency

10000HB1438ham001 - 50 - LRB100 03185 MJP 27146 a
may request in writing to determine whether cause
exists for modifying, revoking and reissuing, or
terminating the permit or to determine compliance with
the permit. Upon request, the permittee shall also
furnish to the Agency copies of records required to be
kept by the permit or, for information claimed to be
confidential, the permittee may furnish such records
directly to USEPA along with a claim of
confidentiality.
vi. Duty to pay fees. The permittee must pay fees
to the Agency consistent with the fee schedule approved
pursuant to subsection 18 of this Section, and submit
any information relevant thereto.
vii. Emissions trading. No permit revision shall
be required for increases in emissions allowed under
any approved economic incentives, marketable permits,
emissions trading, and other similar programs or
processes for changes that are provided for in the
permit and that are authorized by the applicable
requirement.
p. Each CAAPP permit issued under subsection 10 of this
Section shall contain the following elements with respect
to compliance:
i. Compliance certification, testing, monitoring,
reporting, and record keeping requirements sufficient
to assure compliance with the terms and conditions of

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the permit. Any document (including reports) required
by a CAAPP permit shall contain a certification by a
responsible official that meets the requirements of
subsection 5 of this Section and applicable
regulations.
ii. Inspection and entry requirements that
necessitate that, upon presentation of credentials and
other documents as may be required by law and in
accordance with constitutional limitations, the
permittee shall allow the Agency, or an authorized
representative to perform the following:
A. Enter upon the permittee's premises where a
CAAPP source is located or emissions-related
activity is conducted, or where records must be
kept under the conditions of the permit.
B. Have access to and copy, at reasonable
times, any records that must be kept under the
conditions of the permit.
C. Inspect at reasonable times any facilities,
equipment (including monitoring and air pollution
control equipment), practices, or operations
regulated or required under the permit.
D. Sample or monitor any substances or
parameters at any location:
1. As authorized by the Clean Air Act, at
reasonable times, for the purposes of assuring

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compliance with the CAAPP permit or applicable
requirements; or
2. As otherwise authorized by this Act.
iii. A schedule of compliance consistent with
subsection 5 of this Section and applicable
regulations.
iv. Progress reports consistent with an applicable
schedule of compliance pursuant to paragraph (d) of
subsection 5 of this Section and applicable
regulations to be submitted semiannually, or more
frequently if the Agency determines that such more
frequent submittals are necessary for compliance with
the Act or regulations promulgated by the Board
thereunder. Such progress reports shall contain the
following:
A. Required dates for achieving the
activities, milestones, or compliance required by
the schedule of compliance and dates when such
activities, milestones or compliance were
achieved.
B. An explanation of why any dates in the
schedule of compliance were not or will not be met,
and any preventive or corrective measures adopted.
v. Requirements for compliance certification with
terms and conditions contained in the permit,
including emission limitations, standards, or work

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practices. Permits shall include each of the
following:
A. The frequency (annually or more frequently
as specified in any applicable requirement or by
the Agency pursuant to written procedures) of
submissions of compliance certifications.
B. A means for assessing or monitoring the
compliance of the source with its emissions
limitations, standards, and work practices.
C. A requirement that the compliance
certification include the following:
1. The identification of each term or
condition contained in the permit that is the
basis of the certification.
2. The compliance status.
3. Whether compliance was continuous or
intermittent.
4. The method(s) used for determining the
compliance status of the source, both
currently and over the reporting period
consistent with subsection 7 of this Section.
D. A requirement that all compliance
certifications be submitted to USEPA as well as to
the Agency.
E. Additional requirements as may be specified
pursuant to Sections 114(a)(3) and 504(b) of the

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Clean Air Act.
F. Other provisions as the Agency may require.
q. If the owner or operator of CAAPP source can
demonstrate in its CAAPP application, including an
application for a significant modification, that an
alternative emission limit would be equivalent to that
contained in the applicable Board regulations, the Agency
shall include the alternative emission limit in the CAAPP
permit, which shall supersede the emission limit set forth
in the applicable Board regulations, and shall include
conditions that insure that the resulting emission limit is
quantifiable, accountable, enforceable, and based on
replicable procedures.
8. Public Notice; Affected State Review.
a. The Agency shall provide notice to the public,
including an opportunity for public comment and a hearing,
on each draft CAAPP permit for issuance, renewal or
significant modification, subject to Section 7.1 and
subsection (a) of Section 7 of this Act.
b. The Agency shall prepare a draft CAAPP permit and a
statement that sets forth the legal and factual basis for
the draft CAAPP permit conditions, including references to
the applicable statutory or regulatory provisions. The
Agency shall provide this statement to any person who
requests it.
c. The Agency shall give notice of each draft CAAPP

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permit to the applicant and to any affected State on or
before the time that the Agency has provided notice to the
public, except as otherwise provided in this Act.
d. The Agency, as part of its submittal of a proposed
permit to USEPA (or as soon as possible after the submittal
for minor permit modification procedures allowed under
subsection 14 of this Section), shall notify USEPA and any
affected State in writing of any refusal of the Agency to
accept all of the recommendations for the proposed permit
that an affected State submitted during the public or
affected State review period. The notice shall include the
Agency's reasons for not accepting the recommendations.
The Agency is not required to accept recommendations that
are not based on applicable requirements or the
requirements of this Section.
e. The Agency shall make available to the public any
CAAPP permit application, compliance plan (including the
schedule of compliance), CAAPP permit, and emissions or
compliance monitoring report. If an owner or operator of a
CAAPP source is required to submit information entitled to
protection from disclosure under Section 7.1 and
subsection (a) of Section 7 of this Act, the owner or
operator shall submit such information separately. The
requirements of Section 7.1 and subsection (a) of Section 7
of this Act shall apply to such information, which shall
not be included in a CAAPP permit unless required by law.

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The contents of a CAAPP permit shall not be entitled to
protection under Section 7.1 and subsection (a) of Section
7 of this Act.
f. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary, to implement this subsection.
g. If requested by the permit applicant, the Agency
shall provide the permit applicant with a copy of the draft
CAAPP permit prior to any public review period. If
requested by the permit applicant, the Agency shall provide
the permit applicant with a copy of the final CAAPP permit
prior to issuance of the CAAPP permit.
9. USEPA Notice and Objection.
a. The Agency shall provide to USEPA for its review a
copy of each CAAPP application (including any application
for permit modification), statement of basis as provided in
paragraph (b) of subsection 8 of this Section, proposed
CAAPP permit, CAAPP permit, and, if the Agency does not
incorporate any affected State's recommendations on a
proposed CAAPP permit, a written statement of this decision
and its reasons for not accepting the recommendations,
except as otherwise provided in this Act or by agreement
with USEPA. To the extent practicable, the preceding
information shall be provided in computer readable format

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compatible with USEPA's national database management
system.
b. The Agency shall not issue the proposed CAAPP permit
if USEPA objects in writing within 45 days after receipt of
the proposed CAAPP permit and all necessary supporting
information.
c. If USEPA objects in writing to the issuance of the
proposed CAAPP permit within the 45-day period, the Agency
shall respond in writing and may revise and resubmit the
proposed CAAPP permit in response to the stated objection,
to the extent supported by the record, within 90 days after
the date of the objection. Prior to submitting a revised
permit to USEPA, the Agency shall provide the applicant and
any person who participated in the public comment process,
pursuant to subsection 8 of this Section, with a 10-day
period to comment on any revision which the Agency is
proposing to make to the permit in response to USEPA's
objection in accordance with Agency procedures.
d. Any USEPA objection under this subsection,
according to the Clean Air Act, will include a statement of
reasons for the objection and a description of the terms
and conditions that must be in the permit, in order to
adequately respond to the objections. Grounds for a USEPA
objection include the failure of the Agency to: (1) submit
the items and notices required under this subsection; (2)
submit any other information necessary to adequately

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review the proposed CAAPP permit; or (3) process the permit
under subsection 8 of this Section except for minor permit
modifications.
e. If USEPA does not object in writing to issuance of a
permit under this subsection, any person may petition USEPA
within 60 days after expiration of the 45-day review period
to make such objection.
f. If the permit has not yet been issued and USEPA
objects to the permit as a result of a petition, the Agency
shall not issue the permit until USEPA's objection has been
resolved. The Agency shall provide a 10-day comment period
in accordance with paragraph c of this subsection. A
petition does not, however, stay the effectiveness of a
permit or its requirements if the permit was issued after
expiration of the 45-day review period and prior to a USEPA
objection.
g. If the Agency has issued a permit after expiration
of the 45-day review period and prior to receipt of a USEPA
objection under this subsection in response to a petition
submitted pursuant to paragraph e of this subsection, the
Agency may, upon receipt of an objection from USEPA, revise
and resubmit the permit to USEPA pursuant to this
subsection after providing a 10-day comment period in
accordance with paragraph c of this subsection. If the
Agency fails to submit a revised permit in response to the
objection, USEPA shall modify, terminate or revoke the

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permit. In any case, the source will not be in violation of
the requirement to have submitted a timely and complete
application.
h. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary, to implement this subsection.
10. Final Agency Action.
a. The Agency shall issue a CAAPP permit, permit
modification, or permit renewal if all of the following
conditions are met:
i. The applicant has submitted a complete and
certified application for a permit, permit
modification, or permit renewal consistent with
subsections 5 and 14 of this Section, as applicable,
and applicable regulations.
ii. The applicant has submitted with its complete
application an approvable compliance plan, including a
schedule for achieving compliance, consistent with
subsection 5 of this Section and applicable
regulations.
iii. The applicant has timely paid the fees
required pursuant to subsection 18 of this Section and
applicable regulations.
iv. The Agency has received a complete CAAPP

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application and, if necessary, has requested and
received additional information from the applicant
consistent with subsection 5 of this Section and
applicable regulations.
v. The Agency has complied with all applicable
provisions regarding public notice and affected State
review consistent with subsection 8 of this Section and
applicable regulations.
vi. The Agency has provided a copy of each CAAPP
application, or summary thereof, pursuant to agreement
with USEPA and proposed CAAPP permit required under
subsection 9 of this Section to USEPA, and USEPA has
not objected to the issuance of the permit in
accordance with the Clean Air Act and 40 CFR Part 70.
b. The Agency shall have the authority to deny a CAAPP
permit, permit modification, or permit renewal if the
applicant has not complied with the requirements of
subparagraphs (i) through (iv) of paragraph (a) of this
subsection or if USEPA objects to its issuance.
c. i. Prior to denial of a CAAPP permit, permit
modification, or permit renewal under this Section,
the Agency shall notify the applicant of the possible
denial and the reasons for the denial.
ii. Within such notice, the Agency shall specify an
appropriate date by which the applicant shall
adequately respond to the Agency's notice. Such date

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shall not exceed 15 days from the date the notification
is received by the applicant. The Agency may grant a
reasonable extension for good cause shown.
iii. Failure by the applicant to adequately
respond by the date specified in the notification or by
any granted extension date shall be grounds for denial
of the permit.
For purposes of obtaining judicial review under
Sections 40.2 and 41 of this Act, the Agency shall
provide to USEPA and each applicant, and, upon request,
to affected States, any person who participated in the
public comment process, and any other person who could
obtain judicial review under Sections 40.2 and 41 of
this Act, a copy of each CAAPP permit or notification
of denial pertaining to that party.
d. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary, to implement this subsection.
11. General Permits.
a. The Agency may issue a general permit covering
numerous similar sources, except for affected sources for
acid deposition unless otherwise provided in regulations
promulgated under Title IV of the Clean Air Act.
b. The Agency shall identify, in any general permit,

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criteria by which sources may qualify for the general
permit.
c. CAAPP sources that would qualify for a general
permit must apply for coverage under the terms of the
general permit or must apply for a CAAPP permit consistent
with subsection 5 of this Section and applicable
regulations.
d. The Agency shall comply with the public comment and
hearing provisions of this Section as well as the USEPA and
affected State review procedures prior to issuance of a
general permit.
e. When granting a subsequent request by a qualifying
CAAPP source for coverage under the terms of a general
permit, the Agency shall not be required to repeat the
public notice and comment procedures. The granting of such
request shall not be considered a final permit action for
purposes of judicial review.
f. The Agency may not issue a general permit to cover
any discrete emission unit at a CAAPP source if another
CAAPP permit covers emission units at the source.
g. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary, to implement this subsection.
12. Operational Flexibility.

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

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

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source will comply and provide for the emissions
trade.
B. The permit shield described in paragraph
(j) of subsection 7 of this Section shall not apply
to any change made pursuant to subparagraph (ii) of
paragraph (a) of this subsection. Compliance with
the permit requirements that the source will meet
using the emissions trade shall be determined
according to the requirements of the applicable
implementation plan authorizing the emissions
trade.
iii. If requested within a CAAPP application, the
Agency shall issue a CAAPP permit which contains terms
and conditions, including all terms required under
subsection 7 of this Section to determine compliance,
allowing for the trading of emissions increases and
decreases at the CAAPP source solely for the purpose of
complying with a federally-enforceable emissions cap
that is established in the permit independent of
otherwise applicable requirements. The owner or
operator of a CAAPP source shall include in its CAAPP
application proposed replicable procedures and permit
terms that ensure the emissions trades are
quantifiable and enforceable. The permit shall also
require compliance with all applicable requirements.
A. Under this subparagraph (iii) of paragraph

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(a), the written notification required above shall
state when the change will occur and shall describe
the changes in emissions that will result and how
these increases and decreases in emissions will
comply with the terms and conditions of the permit.
B. The permit shield described in paragraph
(j) of subsection 7 of this Section shall extend to
terms and conditions that allow such increases and
decreases in emissions.
b. An owner or operator of a CAAPP source may make
changes that are not addressed or prohibited by the permit,
other than those which are subject to any requirements
under Title IV of the Clean Air Act or are modifications
under any provisions of Title I of the Clean Air Act,
without a permit revision, in accordance with the following
requirements:
(i) Each such change shall meet all applicable
requirements and shall not violate any existing permit
term or condition;
(ii) Sources must provide contemporaneous written
notice to the Agency and USEPA of each such change,
except for changes that qualify as insignificant under
provisions adopted by the Agency or the Board. Such
written notice shall describe each such change,
including the date, any change in emissions,
pollutants emitted, and any applicable requirement

10000HB1438ham001 - 67 - LRB100 03185 MJP 27146 a
that would apply as a result of the change;
(iii) The change shall not qualify for the shield
described in paragraph (j) of subsection 7 of this
Section; and
(iv) The permittee shall keep a record describing
changes made at the source that result in emissions of
a regulated air pollutant subject to an applicable
Clean Air Act requirement, but not otherwise regulated
under the permit, and the emissions resulting from
those changes.
c. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary to implement this subsection.
13. Administrative Permit Amendments.
a. The Agency shall take final action on a request for
an administrative permit amendment within 60 days after
receipt of the request. Neither notice nor an opportunity
for public and affected State comment shall be required for
the Agency to incorporate such revisions, provided it
designates the permit revisions as having been made
pursuant to this subsection.
b. The Agency shall submit a copy of the revised permit
to USEPA.
c. For purposes of this Section the term

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"administrative permit amendment" shall be defined as a
permit revision that can accomplish one or more of the
changes described below:
i. Corrects typographical errors;
ii. Identifies a change in the name, address, or
phone number of any person identified in the permit, or
provides a similar minor administrative change at the
source;
iii. Requires more frequent monitoring or
reporting by the permittee;
iv. Allows for a change in ownership or operational
control of a source where the Agency determines that no
other change in the permit is necessary, provided that
a written agreement containing a specific date for
transfer of permit responsibility, coverage, and
liability between the current and new permittees has
been submitted to the Agency;
v. Incorporates into the CAAPP permit the
requirements from preconstruction review permits
authorized under a USEPA-approved program, provided
the program meets procedural and compliance
requirements substantially equivalent to those
contained in this Section;
vi. (Blank); or
vii. Any other type of change which USEPA has
determined as part of the approved CAAPP permit program

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to be similar to those included in this subsection.
d. The Agency shall, upon taking final action granting
a request for an administrative permit amendment, allow
coverage by the permit shield in paragraph (j) of
subsection 7 of this Section for administrative permit
amendments made pursuant to subparagraph (v) of paragraph
(c) of this subsection which meet the relevant requirements
for significant permit modifications.
e. Permit revisions and modifications, including
administrative amendments and automatic amendments
(pursuant to Sections 408(b) and 403(d) of the Clean Air
Act or regulations promulgated thereunder), for purposes
of the acid rain portion of the permit shall be governed by
the regulations promulgated under Title IV of the Clean Air
Act. Owners or operators of affected sources for acid
deposition shall have the flexibility to amend their
compliance plans as provided in the regulations
promulgated under Title IV of the Clean Air Act.
f. The CAAPP source may implement the changes addressed
in the request for an administrative permit amendment
immediately upon submittal of the request.
g. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary, to implement this subsection.

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

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E. Are not modifications under any provision
of Title I of the Clean Air Act; and
F. Are not required to be processed as a
significant modification.
ii. Notwithstanding subparagraph (i) of paragraph
(a) and subparagraph (ii) of paragraph (b) of this
subsection, minor permit modification procedures may
be used for permit modifications involving the use of
economic incentives, marketable permits, emissions
trading, and other similar approaches, to the extent
that such minor permit modification procedures are
explicitly provided for in an applicable
implementation plan or in applicable requirements
promulgated by USEPA.
iii. An applicant requesting the use of minor
permit modification procedures shall meet the
requirements of subsection 5 of this Section and shall
include the following in its application:
A. A description of the change, the emissions
resulting from the change, and any new applicable
requirements that will apply if the change occurs;
B. The source's suggested draft permit;
C. Certification by a responsible official,
consistent with paragraph (e) of subsection 5 of
this Section and applicable regulations, that the
proposed modification meets the criteria for use

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of minor permit modification procedures and a
request that such procedures be used; and
D. Completed forms for the Agency to use to
notify USEPA and affected States as required under
subsections 8 and 9 of this Section.
iv. Within 5 working days after receipt of a
complete permit modification application, the Agency
shall notify USEPA and affected States of the requested
permit modification in accordance with subsections 8
and 9 of this Section. The Agency promptly shall send
any notice required under paragraph (d) of subsection 8
of this Section to USEPA.
v. The Agency may not issue a final permit
modification until after the 45-day review period for
USEPA or until USEPA has notified the Agency that USEPA
will not object to the issuance of the permit
modification, whichever comes first, although the
Agency can approve the permit modification prior to
that time. Within 90 days after the Agency's receipt of
an application under the minor permit modification
procedures or 15 days after the end of USEPA's 45-day
review period under subsection 9 of this Section,
whichever is later, the Agency shall:
A. Issue the permit modification as proposed;
B. Deny the permit modification application;
C. Determine that the requested modification

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does not meet the minor permit modification
criteria and should be reviewed under the
significant modification procedures; or
D. Revise the draft permit modification and
transmit to USEPA the new proposed permit
modification as required by subsection 9 of this
Section.
vi. Any CAAPP source may make the change proposed
in its minor permit modification application
immediately after it files such application. After the
CAAPP source makes the change allowed by the preceding
sentence, and until the Agency takes any of the actions
specified in items (A) through (C) of subparagraph (v)
of paragraph (a) of this subsection, the source must
comply with both the applicable requirements governing
the change and the proposed permit terms and
conditions. During this time period, the source need
not comply with the existing permit terms and
conditions it seeks to modify. If the source fails to
comply with its proposed permit terms and conditions
during this time period, the existing permit terms and
conditions which it seeks to modify may be enforced
against it.
vii. The permit shield under paragraph (j) of
subsection 7 of this Section may not extend to minor
permit modifications.

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viii. If a construction permit is required,
pursuant to subsection (a) of Section 39 of this Act
and regulations thereunder, for a change for which the
minor permit modification procedures are applicable,
the source may request that the processing of the
construction permit application be consolidated with
the processing of the application for the minor permit
modification. In such cases, the provisions of this
Section, including those within subsections 5, 8, and
9, shall apply and the Agency shall act on such
applications pursuant to subparagraph (v) of paragraph
(a) of subsection 14 of this Section. The source may
make the proposed change immediately after filing its
application for the minor permit modification. Nothing
in this subparagraph shall otherwise affect the
requirements and procedures applicable to construction
permits.
b. Group Processing of Minor Permit Modifications.
i. Where requested by an applicant within its
application, the Agency shall process groups of a
source's applications for certain modifications
eligible for minor permit modification processing in
accordance with the provisions of this paragraph (b).
ii. Permit modifications may be processed in
accordance with the procedures for group processing,
for those modifications:

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A. Which meet the criteria for minor permit
modification procedures under subparagraph (i) of
paragraph (a) of subsection 14 of this Section; and
B. That collectively are below 10 percent of
the emissions allowed by the permit for the
emissions unit for which change is requested, 20
percent of the applicable definition of major
source set forth in subsection 2 of this Section,
or 5 tons per year, whichever is least.
iii. An applicant requesting the use of group
processing procedures shall meet the requirements of
subsection 5 of this Section and shall include the
following in its application:
A. A description of the change, the emissions
resulting from the change, and any new applicable
requirements that will apply if the change occurs.
B. The source's suggested draft permit.
C. Certification by a responsible official
consistent with paragraph (e) of subsection 5 of
this Section, that the proposed modification meets
the criteria for use of group processing
procedures and a request that such procedures be
used.
D. A list of the source's other pending
applications awaiting group processing, and a
determination of whether the requested

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modification, aggregated with these other
applications, equals or exceeds the threshold set
under item (B) of subparagraph (ii) of paragraph
(b) of this subsection.
E. Certification, consistent with paragraph
(e) of subsection 5 of this Section, that the
source has notified USEPA of the proposed
modification. Such notification need only contain
a brief description of the requested modification.
F. Completed forms for the Agency to use to
notify USEPA and affected states as required under
subsections 8 and 9 of this Section.
iv. On a quarterly basis or within 5 business days
after receipt of an application demonstrating that the
aggregate of a source's pending applications equals or
exceeds the threshold level set forth within item (B)
of subparagraph (ii) of paragraph (b) of this
subsection, whichever is earlier, the Agency shall
promptly notify USEPA and affected States of the
requested permit modifications in accordance with
subsections 8 and 9 of this Section. The Agency shall
send any notice required under paragraph (d) of
subsection 8 of this Section to USEPA.
v. The provisions of subparagraph (v) of paragraph
(a) of this subsection shall apply to modifications
eligible for group processing, except that the Agency

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shall take one of the actions specified in items (A)
through (D) of subparagraph (v) of paragraph (a) of
this subsection within 180 days after receipt of the
application or 15 days after the end of USEPA's 45-day
review period under subsection 9 of this Section,
whichever is later.
vi. The provisions of subparagraph (vi) of
paragraph (a) of this subsection shall apply to
modifications for group processing.
vii. The provisions of paragraph (j) of subsection
7 of this Section shall not apply to modifications
eligible for group processing.
c. Significant Permit Modifications.
i. Significant modification procedures shall be
used for applications requesting significant permit
modifications and for those applications that do not
qualify as either minor permit modifications or as
administrative permit amendments.
ii. Every significant change in existing
monitoring permit terms or conditions and every
relaxation of reporting or recordkeeping requirements
shall be considered significant. A modification shall
also be considered significant if in the judgment of
the Agency action on an application for modification
would require decisions to be made on technically
complex issues. Nothing herein shall be construed to

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preclude the permittee from making changes consistent
with this Section that would render existing permit
compliance terms and conditions irrelevant.
iii. Significant permit modifications must meet
all the requirements of this Section, including those
for applications (including completeness review),
public participation, review by affected States, and
review by USEPA applicable to initial permit issuance
and permit renewal. The Agency shall take final action
on significant permit modifications within 9 months
after receipt of a complete application.
d. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary, to implement this subsection.
15. Reopenings for Cause by the Agency.
a. Each issued CAAPP permit shall include provisions
specifying the conditions under which the permit will be
reopened prior to the expiration of the permit. Such
revisions shall be made as expeditiously as practicable. A
CAAPP permit shall be reopened and revised under any of the
following circumstances, in accordance with procedures
adopted by the Agency:
i. Additional requirements under the Clean Air Act
become applicable to a major CAAPP source for which 3

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or more years remain on the original term of the
permit. Such a reopening shall be completed not later
than 18 months after the promulgation of the applicable
requirement. No such revision is required if the
effective date of the requirement is later than the
date on which the permit is due to expire.
ii. Additional requirements (including excess
emissions requirements) become applicable to an
affected source for acid deposition under the acid rain
program. Excess emissions offset plans shall be deemed
to be incorporated into the permit upon approval by
USEPA.
iii. The Agency or USEPA determines that the permit
contains a material mistake or that inaccurate
statements were made in establishing the emissions
standards, limitations, or other terms or conditions
of the permit.
iv. The Agency or USEPA determines that the permit
must be revised or revoked to assure compliance with
the applicable requirements.
b. In the event that the Agency determines that there
are grounds for revoking a CAAPP permit, for cause,
consistent with paragraph a of this subsection, it shall
file a petition before the Board setting forth the basis
for such revocation. In any such proceeding, the Agency
shall have the burden of establishing that the permit

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should be revoked under the standards set forth in this Act
and the Clean Air Act. Any such proceeding shall be
conducted pursuant to the Board's procedures for
adjudicatory hearings and the Board shall render its
decision within 120 days of the filing of the petition. The
Agency shall take final action to revoke and reissue a
CAAPP permit consistent with the Board's order.
c. Proceedings regarding a reopened CAAPP permit shall
follow the same procedures as apply to initial permit
issuance and shall affect only those parts of the permit
for which cause to reopen exists.
d. Reopenings under paragraph (a) of this subsection
shall not be initiated before a notice of such intent is
provided to the CAAPP source by the Agency at least 30 days
in advance of the date that the permit is to be reopened,
except that the Agency may provide a shorter time period in
the case of an emergency.
e. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary, to implement this subsection.
16. Reopenings for Cause by USEPA.
a. When USEPA finds that cause exists to terminate,
modify, or revoke and reissue a CAAPP permit pursuant to
subsection 15 of this Section, and thereafter notifies the

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Agency and the permittee of such finding in writing, the
Agency shall forward to USEPA and the permittee a proposed
determination of termination, modification, or revocation
and reissuance as appropriate, in accordance with
paragraph (b) of this subsection. The Agency's proposed
determination shall be in accordance with the record, the
Clean Air Act, regulations promulgated thereunder, this
Act and regulations promulgated thereunder. Such proposed
determination shall not affect the permit or constitute a
final permit action for purposes of this Act or the
Administrative Review Law. The Agency shall forward to
USEPA such proposed determination within 90 days after
receipt of the notification from USEPA. If additional time
is necessary to submit the proposed determination, the
Agency shall request a 90-day extension from USEPA and
shall submit the proposed determination within 180 days
after receipt of notification from USEPA.
b. i. Prior to the Agency's submittal to USEPA of a
proposed determination to terminate or revoke and
reissue the permit, the Agency shall file a petition
before the Board setting forth USEPA's objection, the
permit record, the Agency's proposed determination,
and the justification for its proposed determination.
The Board shall conduct a hearing pursuant to the rules
prescribed by Section 32 of this Act, and the burden of
proof shall be on the Agency.

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ii. After due consideration of the written and oral
statements, the testimony and arguments that shall be
submitted at hearing, the Board shall issue and enter
an interim order for the proposed determination, which
shall set forth all changes, if any, required in the
Agency's proposed determination. The interim order
shall comply with the requirements for final orders as
set forth in Section 33 of this Act. Issuance of an
interim order by the Board under this paragraph,
however, shall not affect the permit status and does
not constitute a final action for purposes of this Act
or the Administrative Review Law.
iii. The Board shall cause a copy of its interim
order to be served upon all parties to the proceeding
as well as upon USEPA. The Agency shall submit the
proposed determination to USEPA in accordance with the
Board's Interim Order within 180 days after receipt of
the notification from USEPA.
c. USEPA shall review the proposed determination to
terminate, modify, or revoke and reissue the permit within
90 days after receipt.
i. When USEPA reviews the proposed determination
to terminate or revoke and reissue and does not object,
the Board shall, within 7 days after receipt of USEPA's
final approval, enter the interim order as a final
order. The final order may be appealed as provided by

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Title XI of this Act. The Agency shall take final
action in accordance with the Board's final order.
ii. When USEPA reviews such proposed determination
to terminate or revoke and reissue and objects, the
Agency shall submit USEPA's objection and the Agency's
comments and recommendation on the objection to the
Board and permittee. The Board shall review its interim
order in response to USEPA's objection and the Agency's
comments and recommendation and issue a final order in
accordance with Sections 32 and 33 of this Act. The
Agency shall, within 90 days after receipt of such
objection, respond to USEPA's objection in accordance
with the Board's final order.
iii. When USEPA reviews such proposed
determination to modify and objects, the Agency shall,
within 90 days after receipt of the objection, resolve
the objection and modify the permit in accordance with
USEPA's objection, based upon the record, the Clean Air
Act, regulations promulgated thereunder, this Act, and
regulations promulgated thereunder.
d. If the Agency fails to submit the proposed
determination pursuant to paragraph a of this subsection or
fails to resolve any USEPA objection pursuant to paragraph
c of this subsection, USEPA will terminate, modify, or
revoke and reissue the permit.
e. The Agency shall have the authority to adopt

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procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary, to implement this subsection.
17. Title IV; Acid Rain Provisions.
a. The Agency shall act on initial CAAPP applications
for affected sources for acid deposition in accordance with
this Section and Title V of the Clean Air Act and
regulations promulgated thereunder, except as modified by
Title IV of the Clean Air Act and regulations promulgated
thereunder. The Agency shall issue initial CAAPP permits to
the affected sources for acid deposition which shall become
effective no earlier than January 1, 1995, and which shall
terminate on December 31, 1999, in accordance with this
Section. Subsequent CAAPP permits issued to affected
sources for acid deposition shall be issued for a fixed
term of 5 years. Title IV of the Clean Air Act and
regulations promulgated thereunder, including but not
limited to 40 C.F.R. Part 72, as now or hereafter amended,
are applicable to and enforceable under this Act.
b. A designated representative of an affected source
for acid deposition shall submit a timely and complete
Phase II acid rain permit application and compliance plan
to the Agency, not later than January 1, 1996, that meets
the requirements of Titles IV and V of the Clean Air Act
and regulations. The Agency shall act on the Phase II acid

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

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permit application and compliance plan in accordance with
this Section and Title V of the Clean Air Act and its
regulations, except as modified by Title IV of the Clean
Air Act and its regulations. The Agency shall reopen the
new unit's CAAPP permit for cause to incorporate the
approved Phase II acid rain permit in accordance with this
Section. The Phase II acid rain permit for the new unit
shall become effective no later than the date required
under Title IV of the Clean Air Act and its regulations.
e. A designated representative of an affected source
for acid deposition shall submit a timely and complete
Title IV NOx permit application to the Agency, not later
than January 1, 1998, that meets the requirements of Titles
IV and V of the Clean Air Act and its regulations. The
Agency shall reopen the Phase II acid rain permit for cause
and incorporate the approved NOx provisions into the Phase
II acid rain permit not later than January 1, 1999, in
accordance with this Section, except as modified by Title
IV of the Clean Air Act and regulations promulgated
thereunder. Such reopening shall not affect the term of the
Phase II acid rain permit.
f. The designated representative of the affected
source for acid deposition shall renew the initial CAAPP
permit and Phase II acid rain permit in accordance with
this Section and Title V of the Clean Air Act and
regulations promulgated thereunder, except as modified by

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Title IV of the Clean Air Act and regulations promulgated
thereunder.
g. In the case of an affected source for acid
deposition for which a complete Phase II acid rain permit
application and compliance plan are timely received under
this subsection, the complete permit application and
compliance plan, including amendments thereto, shall be
binding on the owner, operator and designated
representative, all affected units for acid deposition at
the affected source, and any other unit, as defined in
Section 402 of the Clean Air Act, governed by the Phase II
acid rain permit application and shall be enforceable as an
acid rain permit for purposes of Titles IV and V of the
Clean Air Act, from the date of submission of the acid rain
permit application until a Phase II acid rain permit is
issued or denied by the Agency.
h. The Agency shall not include or implement any
measure which would interfere with or modify the
requirements of Title IV of the Clean Air Act or
regulations promulgated thereunder.
i. Nothing in this Section shall be construed as
affecting allowances or USEPA's decision regarding an
excess emissions offset plan, as set forth in Title IV of
the Clean Air Act or regulations promulgated thereunder.
i. No permit revision shall be required for
increases in emissions that are authorized by

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allowances acquired pursuant to the acid rain program,
provided that such increases do not require a permit
revision under any other applicable requirement.
ii. No limit shall be placed on the number of
allowances held by the source. The source may not,
however, use allowances as a defense to noncompliance
with any other applicable requirement.
iii. Any such allowance shall be accounted for
according to the procedures established in regulations
promulgated under Title IV of the Clean Air Act.
j. To the extent that the federal regulations
promulgated under Title IV, including but not limited to 40
C.F.R. Part 72, as now or hereafter amended, are
inconsistent with the federal regulations promulgated
under Title V, the federal regulations promulgated under
Title IV shall take precedence.
k. The USEPA may intervene as a matter of right in any
permit appeal involving a Phase II acid rain permit
provision or denial of a Phase II acid rain permit.
l. It is unlawful for any owner or operator to violate
any terms or conditions of a Phase II acid rain permit
issued under this subsection, to operate any affected
source for acid deposition except in compliance with a
Phase II acid rain permit issued by the Agency under this
subsection, or to violate any other applicable
requirements.

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m. The designated representative of an affected source
for acid deposition shall submit to the Agency the data and
information submitted quarterly to USEPA, pursuant to 40
CFR 75.64, concurrently with the submission to USEPA. The
submission shall be in the same electronic format as
specified by USEPA.
n. The Agency shall act on any petition for exemption
of a new unit or retired unit, as those terms are defined
in Section 402 of the Clean Air Act, from the requirements
of the acid rain program in accordance with Title IV of the
Clean Air Act and its regulations.
o. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary to implement this subsection.
18. Fee Provisions.
a. A source subject to this Section or excluded under
subsection 1.1 or paragraph (c) of subsection 3 of this
Section, shall pay a fee as provided in this paragraph (a)
of subsection 18. However, a source that has been excluded
from the provisions of this Section under subsection 1.1 or
under paragraph (c) of subsection 3 of this Section because
the source emits less than 25 tons per year of any
combination of regulated air pollutants, except greenhouse
gases, shall pay fees in accordance with paragraph (1) of

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subsection (b) of Section 9.6.
i. The fee for a source allowed to emit less than
100 tons per year of any combination of regulated air
pollutants, except greenhouse gases, shall be $1,800
per year, and that fee shall increase, beginning
January 1, 2012, to $2,150 per year.
ii. The fee for a source allowed to emit 100 tons
or more per year of any combination of regulated air
pollutants, except greenhouse gases and those
regulated air pollutants excluded in paragraph (f) of
this subsection 18, shall be as follows:
A. The Agency shall assess a fee of $18 per
ton, per year for the allowable emissions of
regulated air pollutants subject to this
subparagraph (ii) of paragraph (a) of subsection
18, and that fee shall increase, beginning January
1, 2012, to $21.50 per ton, per year. These fees
shall be used by the Agency and the Board to fund
the activities required by Title V of the Clean Air
Act including such activities as may be carried out
by other State or local agencies pursuant to
paragraph (d) of this subsection. The amount of
such fee shall be based on the information supplied
by the applicant in its complete CAAPP permit
application or in the CAAPP permit if the permit
has been granted and shall be determined by the

10000HB1438ham001 - 91 - LRB100 03185 MJP 27146 a
amount of emissions that the source is allowed to
emit annually, provided however, that the maximum
fee for a CAAPP permit under this subparagraph (ii)
of paragraph (a) of subsection 18 is $250,000, and
increases, beginning January 1, 2012, to $294,000.
Beginning January 1, 2012, the maximum fee under
this subparagraph (ii) of paragraph (a) of
subsection 18 for a source that has been excluded
under subsection 1.1 of this Section or under
paragraph (c) of subsection 3 of this Section is
$4,112. The Agency shall provide as part of the
permit application form required under subsection
5 of this Section a separate fee calculation form
which will allow the applicant to identify the
allowable emissions and calculate the fee. In no
event shall the Agency raise the amount of
allowable emissions requested by the applicant
unless such increases are required to demonstrate
compliance with terms of a CAAPP permit.
Notwithstanding the above, any applicant may
seek a change in its permit which would result in
increases in allowable emissions due to an
increase in the hours of operation or production
rates of an emission unit or units and such a
change shall be consistent with the construction
permit requirements of the existing State permit

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program, under subsection (a) of Section 39 of this
Act and applicable provisions of this Section.
Where a construction permit is required, the
Agency shall expeditiously grant such construction
permit and shall, if necessary, modify the CAAPP
permit based on the same application.
B. The applicant or permittee may pay the fee
annually or semiannually for those fees greater
than $5,000. However, any applicant paying a fee
equal to or greater than $100,000 shall pay the
full amount on July 1, for the subsequent fiscal
year, or pay 50% of the fee on July 1 and the
remaining 50% by the next January 1. The Agency may
change any annual billing date upon reasonable
notice, but shall prorate the new bill so that the
permittee or applicant does not pay more than its
required fees for the fee period for which payment
is made.
b. (Blank).
c. (Blank).
d. There is hereby created in the State Treasury a
special fund to be known as the Clean Air Act Permit Fund
(formerly known as the CAA Permit Fund). All Funds
collected by the Agency pursuant to this subsection shall
be deposited into the Fund. The General Assembly shall
appropriate monies from this Fund to the Agency and to the

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

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a. In the event that the USEPA fails to promulgate in a
timely manner a standard pursuant to Section 112(d) of the
Clean Air Act, the Agency shall have the authority to issue
permits, pursuant to Section 112(j) of the Clean Air Act
and regulations promulgated thereunder, which contain
emission limitations which are equivalent to the emission
limitations that would apply to a source if an emission
standard had been promulgated in a timely manner by USEPA
pursuant to Section 112(d). Provided, however, that the
owner or operator of a source shall have the opportunity to
submit to the Agency a proposed emission limitation which
it determines to be equivalent to the emission limitations
that would apply to such source if an emission standard had
been promulgated in a timely manner by USEPA. If the Agency
refuses to include the emission limitation proposed by the
owner or operator in a CAAPP permit, the owner or operator
may petition the Board to establish whether the emission
limitation proposal submitted by the owner or operator
provides for emission limitations which are equivalent to
the emission limitations that would apply to the source if
the emission standard had been promulgated by USEPA in a
timely manner. The Board shall determine whether the
emission limitation proposed by the owner or operator or an
alternative emission limitation proposed by the Agency
provides for the level of control required under Section
112 of the Clean Air Act, or shall otherwise establish an

10000HB1438ham001 - 95 - LRB100 03185 MJP 27146 a
appropriate emission limitation, pursuant to Section 112
of the Clean Air Act.
b. Any Board proceeding brought under paragraph (a) or
(e) of this subsection shall be conducted according to the
Board's procedures for adjudicatory hearings and the Board
shall render its decision within 120 days of the filing of
the petition. Any such decision shall be subject to review
pursuant to Section 41 of this Act. Where USEPA promulgates
an applicable emission standard prior to the issuance of
the CAAPP permit, the Agency shall include in the permit
the promulgated standard, provided that the source shall
have the compliance period provided under Section 112(i) of
the Clean Air Act. Where USEPA promulgates an applicable
standard subsequent to the issuance of the CAAPP permit,
the Agency shall revise such permit upon the next renewal
to reflect the promulgated standard, providing a
reasonable time for the applicable source to comply with
the standard, but no longer than 8 years after the date on
which the source is first required to comply with the
emissions limitation established under this subsection.
c. The Agency shall have the authority to implement and
enforce complete or partial emission standards promulgated
by USEPA pursuant to Section 112(d), and standards
promulgated by USEPA pursuant to Sections 112(f), 112(h),
112(m), and 112(n), and may accept delegation of authority
from USEPA to implement and enforce Section 112(l) and

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requirements for the prevention and detection of
accidental releases pursuant to Section 112(r) of the Clean
Air Act.
d. The Agency shall have the authority to issue permits
pursuant to Section 112(i)(5) of the Clean Air Act.
e. The Agency has the authority to implement Section
112(g) of the Clean Air Act consistent with the Clean Air
Act and federal regulations promulgated thereunder. If the
Agency refuses to include the emission limitations
proposed in an application submitted by an owner or
operator for a case-by-case maximum achievable control
technology (MACT) determination, the owner or operator may
petition the Board to determine whether the emission
limitation proposed by the owner or operator or an
alternative emission limitation proposed by the Agency
provides for a level of control required by Section 112 of
the Clean Air Act, or to otherwise establish an appropriate
emission limitation under Section 112 of the Clean Air Act.
20. Small Business.
a. For purposes of this subsection:
"Program" is the Small Business Stationary Source
Technical and Environmental Compliance Assistance Program
created within this State pursuant to Section 507 of the
Clean Air Act and guidance promulgated thereunder, to
provide technical assistance and compliance information to

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

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deem necessary for the purposes of implementing and
executing its responsibilities under this subsection.
e. There shall be appointed a Small Business Ombudsman
(hereinafter in this subsection referred to as
"Ombudsman") to monitor the Small Business Assistance
Program. The Ombudsman shall be a nonpartisan designated
official, with the ability to independently assess whether
the goals of the Program are being met.
f. The State Ombudsman Office shall be located in an
existing Ombudsman office within the State or in any State
Department.
g. There is hereby created a State Compliance Advisory
Panel (hereinafter in this subsection referred to as
"Panel") for determining the overall effectiveness of the
Small Business Assistance Program within this State.
h. The selection of Panel members shall be by the
following method:
1. The Governor shall select two members who are
not owners or representatives of owners of small
business stationary sources to represent the general
public;
2. The Director of the Agency shall select one
member to represent the Agency; and
3. The State Legislature shall select four members
who are owners or representatives of owners of small
business stationary sources. Both the majority and

10000HB1438ham001 - 99 - LRB100 03185 MJP 27146 a
minority leadership in both Houses of the Legislature
shall appoint one member of the panel.
i. Panel members should serve without compensation but
will receive full reimbursement for expenses including
travel and per diem as authorized within this State.
j. The Panel shall select its own Chair by a majority
vote. The Chair may meet and consult with the Ombudsman and
the head of the Small Business Assistance Program in
planning the activities for the Panel.
21. Temporary Sources.
a. The Agency may issue a single permit authorizing
emissions from similar operations by the same source owner
or operator at multiple temporary locations, except for
sources which are affected sources for acid deposition
under Title IV of the Clean Air Act.
b. The applicant must demonstrate that the operation is
temporary and will involve at least one change of location
during the term of the permit.
c. Any such permit shall meet all applicable
requirements of this Section and applicable regulations,
and include conditions assuring compliance with all
applicable requirements at all authorized locations and
requirements that the owner or operator notify the Agency
at least 10 days in advance of each change in location.

10000HB1438ham001 - 100 - LRB100 03185 MJP 27146 a
22. Solid Waste Incineration Units.
a. A CAAPP permit for a solid waste incineration unit
combusting municipal waste subject to standards
promulgated under Section 129(e) of the Clean Air Act shall
be issued for a period of 12 years and shall be reviewed
every 5 years, unless the Agency requires more frequent
review through Agency procedures.
b. During the review in paragraph (a) of this
subsection, the Agency shall fully review the previously
submitted CAAPP permit application and corresponding
reports subsequently submitted to determine whether the
source is in compliance with all applicable requirements.
c. If the Agency determines that the source is not in
compliance with all applicable requirements it shall
revise the CAAPP permit as appropriate.
d. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary, to implement this subsection.
(Source: P.A. 99-380, eff. 8-17-15; 99-933, eff. 1-27-17.)
(415 ILCS 5/Tit. XVIII heading new)
TITLE XVIII: PROTECTION OF ENVIRONMENT, NATURAL RESOURCES, AND
PUBLIC HEALTH
(415 ILCS 5/59 new)

10000HB1438ham001 - 101 - LRB100 03185 MJP 27146 a
Sec. 59. Findings. The General Assembly finds and declares
that:
(1) For over 4 decades, Illinois and its residents have
relied on federal laws, including the federal Clean Air Act,
the Federal Water Pollution Control Act (Clean Water Act), the
federal Safe Drinking Water Act, and the federal Endangered
Species Act, along with their implementing regulations and
remedies, to protect our State's public health, environment,
and natural resources.
(2) These federal laws establish standards that serve as
the baseline level of public health and environmental
protection, while expressly authorizing states like Illinois
to adopt more protective measures.
(3) Beginning in 2017, a new presidential administration
and a United States Congress are controlled by one party that
has signaled a series of direct challenges to these federal
laws and the protections they provide, as well as to the
underlying science that makes these protections necessary, and
to the rights of the states to protect their own environment,
natural resources, and public health as they see fit.
(4) It is therefore necessary for the Illinois General
Assembly to enact legislation that will ensure continued
protections for the environment, natural resources, and public
health in the State even if the federal laws specified in
subsection (a) are undermined, amended, or repealed.

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(415 ILCS 5/59.1 new)
Sec. 59.1. Intent. It is the intent of this Title to:
(1) Retain protections afforded under the federal laws
specified in paragraph (1) of Section 59 and regulations
implementing those federal laws in existence as of January 1,
2017, regardless of actions taken at the federal level.
(2) Protect public health and welfare from any actual or
potential adverse effect that reasonably may be anticipated to
occur from pollution, including the effects of climate change.
(3) Preserve, protect, and enhance the environment and
natural resources in Illinois, including, but not limited to,
the State's national parks, national wilderness areas,
national monuments, national waterways, including Lake
Michigan and the Mississippi River, and other areas with
special national or regional natural, recreational, scenic, or
historic value.
(4) Ensure that economic growth will occur in a manner
consistent with the protection of public health and the
environment and preservation of existing natural resources.
(5) Ensure that any decision made by a public agency that
may adversely impact public health, the environment, or natural
resources is made only after careful evaluation of all the
consequences of that decision and after adequate procedural
opportunities for informed public participation in the
decision-making process.

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(415 ILCS 5/59.2 new)
Sec. 59.2. Definitions. As used in this Title:
"Baseline federal law standards" means the authorizations,
policies, objectives, rules, requirements, and standards
contained in federal laws or federal regulations implementing
the federal laws in existence as of January 1, 2017.
"Baseline federal standards for other federal statutes"
means the authorizations, policies, objectives, rules,
requirements, and standards contained in other federal
statutes or federal regulations implementing the other federal
statutes in existence as of January 1, 2017.
"Federal law" means any of the following:
(1) The federal Clean Air Act.
(2) The Federal Water Pollution Control Act.
(3) The federal Safe Drinking Water Act.
(4) The federal Endangered Species Act.
"Other federal statutes" means any other federal statute
not specified in paragraphs (1) through (4) of the definition
of "federal law" relating to environmental protection, natural
resources, or public health.
(415 ILCS 5/59.3 new)
Sec. 59.3. Operative provisions.
(a) A State or local agency shall not amend or revise its
rules to be less stringent than the baseline federal law
standards.

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(b) A State or local agency may adopt rules for Illinois
that are more stringent than the baseline federal law
standards.
(c) To the extent required by federal law, a State or local
agency that is delegated the authority to enforce other federal
statutes or that implements the State law that is an analogue
to the other federal statutes shall not amend or revise its
rules to be less stringent than the baseline federal standards
for other federal statutes, but may adopt rules for Illinois
that are more stringent than the baseline federal standards for
other federal statutes.
(415 ILCS 5/60 new)
Sec. 60. Air.
(a) The General Assembly finds all of the following:
(1) Title II of the Environmental Protection Act is the
State analogue to the federal Clean Air Act.
(2) The Pollution Control Board and the Environmental
Protection Agency formulate and adopt the state
implementation plans (SIPs) for Illinois under the federal
Clean Air Act, and issue permits governing the emission of
certain substances, including greenhouse gases, into the
air.
(b) Except as otherwise authorized by State law, all of the
following apply:
(1) The Pollution Control Board and the Environmental

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Protection Agency shall maintain and enforce all air
quality requirements and standards that are at least as
stringent as required by the baseline federal law
standards, in addition to those required under State law.
(2) If the Pollution Control Board and the
Environmental Protection Agency have not established a
standard or requirement for an air pollutant for which a
standard or requirement exists in the baseline federal law
standards, then the Pollution Control Board and the
Environmental Protection Agency shall adopt the standard
or requirement to be at least as stringent as the baseline
federal law standards.
(3) The Pollution Control Board and the Environmental
Protection Agency shall adopt state implementation plans
for Illinois that meet requirements that are at least as
stringent as those required by the applicable baseline
federal law standards, in addition to those required by
State law.
(4) If the federal transportation conformity program
becomes less stringent than the applicable baseline
federal law standards, then the Pollution Control Board and
the Environmental Protection Agency shall adopt and
implement equivalent requirements that are at least as
stringent as those required by the applicable baseline
federal law standards, in addition to those required by
State law.

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(415 ILCS 5/61 new)
Sec. 61. Water.
(a) The General Assembly finds all of the following:
(1) Title III of the Environmental Protection Act is
the State analogue to the Federal Water Pollution Control
Act, otherwise known as the federal Clean Water Act.
(2) Title IV and Title IV-A of the Environmental
Protection Act are the State analogue to the federal Safe
Drinking Water Act.
(3) The Environmental Protection Agency, the
Department of Public Health, the Department of Natural
Resources, and the Pollution Control Board administer
water rights and implement the federal Clean Water Act and
the Environmental Protection Act to preserve, protect,
enhance, and restore water quality by setting statewide
policy, formulating and adopting water quality control
plans, setting standards, issuing permits and waste
discharge requirements, determining compliance with those
permits and waste discharge requirements, and taking
appropriate enforcement actions.
(4) The Environmental Protection Agency, the
Department of Public Health, the Department of Natural
Resources, and the Pollution Control Board regulate public
drinking water systems under the federal Safe Drinking
Water Act and the Environmental Protection Act to ensure

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the delivery of safe drinking water to Illinoisans.
(b) Except as otherwise authorized by State law, the
following apply:
(1) The Environmental Protection Agency, the
Department of Public Health, the Department of Natural
Resources, and the Pollution Control Board shall maintain
and enforce all water supply and water quality standards
and permitting requirements that are at least as stringent
as required by the applicable baseline federal law
standards, in addition to those required by State law.
(2) The Environmental Protection Agency, the
Department of Public Health, the Department of Natural
Resources, and the Pollution Control Board shall maintain
and enforce all drinking water standards that are at least
as stringent as required by the applicable baseline federal
law standards, in addition to those required by State law,
including the level of lead in drinking water.
(3) If the Environmental Protection Agency, the
Department of Public Health, the Department of Natural
Resources, and the Pollution Control Board have not
established a water supply or water quality standard or
requirement for which a standard or requirement exists in
the baseline federal law standards, then the Environmental
Protection Agency, the Department of Public Health, the
Department of Natural Resources, and the Pollution Control
Board shall adopt the standard or requirement to be at

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least as stringent as the baseline federal law standards.
(4) If the Environmental Protection Agency, the
Department of Public Health, the Department of Natural
Resources, and the Pollution Control Board have not
established a drinking water standard or requirement for
which a standard or requirement exists in the baseline
federal law standards, then the Environmental Protection
Agency, the Department of Public Health, the Department of
Natural Resources, and the Pollution Control Board shall
adopt the standard or requirement to be at least as
stringent as the baseline federal law standards.
(5) Waste discharge requirements and permits that are
issued on and after January 1, 2018, shall be at least as
protective of the environment and comply with all
applicable water quality standards, effluent limitations,
and restrictions as required by the applicable baseline
federal law standards, in addition to those required by
State law.
(6) Drinking water supply permits that are issued on
and after January 1, 2018, shall be at least as protective
of public health and comply with all applicable drinking
water standards as required by the applicable baseline
federal law standards, in addition to those required by
State law.
(7) A water quality management plan adopted on or after
January 1, 2018, shall be at least as protective of the

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environment pursuant to, and in compliance with, all
applicable water quality standards, effluent limitations,
and restrictions as required by the applicable baseline
federal law standards, in addition to those required by
State law.
(8) When a waste discharge requirement or water quality
management plan is renewed or amended, any water quality
standards, effluent limitations, restrictions, and
conditions shall be at least as protective of the
environment pursuant to, and in compliance with, all
applicable water quality standards, effluent limitations,
and restrictions as required by the applicable baseline
federal law standards, in addition to those required by
State law.
(415 ILCS 5/62 new)
Sec. 62. Endangered and threatened species.
(a) The General Assembly finds all of the following:
(1) The Illinois Endangered Species Protection Act is
the State analogue to the federal Endangered Species Act.
(2) The Illinois Endangered Species Protection Act
prohibits the taking of any species that the Department of
Natural Resources determines to be endangered or
threatened, unless the Department of Natural Resources
allows for take incidental to otherwise lawful activity
under Section 4 of the Illinois Endangered Species

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Protection Act.
(b) Except as otherwise authorized by State law, both of
the following apply:
(1) All native species not already listed under the
Illinois Endangered Species Protection Act that are listed
as endangered or threatened under the federal Endangered
Species Act as of January 1, 2017, shall be listed as an
endangered or threatened species, as appropriate, under
the Illinois Endangered Species Protection Act. The
Department of Natural Resources may review and modify the
listing of species in accordance with this Section.
(2) Any new or revised consistency determination or
incidental take permit issued to a permittee on or after
January 1, 2018, shall only authorize incidental take if it
requires conditions at least as stringent as required by
the relevant baseline federal law standards, including,
but not limited to, any federal incidental take statement,
incidental take permit, or biological opinion in effect and
applicable to a permittee or project as of January 1, 2017.
This subsection does not modify the requirements of Section
5.5 of the Illinois Endangered Species Protection Act.
(415 ILCS 5/63 new)
Sec. 63. Implementation; reporting. Every State agency
shall undertake all feasible efforts using its authority under
State and federal law to implement and enforce this amendatory

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Act of the 100th General Assembly. Every State agency that
takes steps to enforce this amendatory Act of the 100th General
Assembly shall submit a report to the General Assembly at least
once every 6 months describing its compliance with this Title.
Section 97. Severability. The provisions of this Act are
severable. If any provision of this Act or its application is
held invalid, that invalidity shall not affect other provisions
or applications that can be given effect without the invalid
provision or application.".